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Fargo City Commission Chambers Hero

Board of City Commissioners - July 13, 2020 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., Monday, July 13, 2020.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: City of Fargo facilities have begun to implement Phase II of reopening, which includes all Library locations open with summer hours. Fargo has been nationally recognized by LendEDU as one of the most budget-friendly cities in the country for renters with a rent to income ratio of 18.5%.

Order of Agenda Approved:
Commissioner Gehrig moved the Order of the Agenda be approved, withdrawing Item No. 4c from the Consent Agenda.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on Monday, June 29, 2020 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

Consent Agenda Approved:
Commissioner Strand moved the Consent Agenda be approved as follows:

1. 1st reading of an Ordinance Amending Section 13-1101 and Repealing Sections 13-1102, 13-1103, 13-1104, 13-1105, 13-1106, 13-1107, 13-1108 and 13-1109 of Article 13-11 of Chapter 13 of the Fargo Municipal Code Relating to Child Care Centers.

2. 2nd reading and final adoption of the following Ordinances; 1st reading on 6/29/20:
a. Annexing a Certain Parcel of Land Lying in the East Half of Section 14, Township 140 North, Range 49 West, in Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in the Luxsun 25th Street North Addition to the City of Fargo, Cass County, North Dakota.

3. Site Authorization for Fargo Metro Baseball Association at Borrowed Buck’s Roadhouse.

4. Applications for Games of Chance:
a. El Zagal Provost for a raffle from 8/1/20 to 9/10/20.
b. Knights of Columbus Fourth Degree Assembly 788 for a calendar raffle from 1/1/21 to 1/31/21.
c. FM Walleyes Unlimited Inc. for a raffle on 12/3/20 (withdrawn).

5. Bid award to Construction Engineers (general contractor) in the amount of $599,900.00, FM Electric (electrical contractor) in the amount of $230,640.00 and Laney’s Plumbing (mechanical contractor) in the amount of $77,300.00, with an overall project budget of $1,260,000.00 for the remodeling of the entertainer dressing rooms/catering room/hallway at the FARGODOME (RFP20128).

6. Receive and file Financial Status Report Year-to-Date through 6/30/20 for major operating funds (unaudited).

7. Bid award to Bound Tree Medical for Fire Department medical supplies.

8. Bob Woodruff Foundation Stimulus Grant in the amount of $2,500.00 for the ND Cares-Fargo.

9. Contract Extension No. 1 with NDDES and ND Department of Human Services for Service Agreement for Shelter Manager.

10. Purchase of Service Agreement with Kindred Public School District.

11. Notice of Grant Award with the ND Department of Health for increasing Immunization rates – LPHN (CFDA #93.268).

12. Agreement for Statewide Tobacco Prevention Public Education Campaign with Upper Missouri District Health Unit.

13. Resolution Approving Amendment to the Community Development Block Grant (CDBG) 2018 Action Plan (Attachment “A”).

14. Resolutions approving Plats for the following:
a. Corwin 2nd Addition (Attachment “B”).
b. South Forty at Osgood Third Addition (Attachment “C”).

15. Concur with the recommendations of the Public Works Projects Evaluation Committee and approve the design for the reconstruction of 5th Street North in association with the Mercantile Parking Garage project.

16. Land Use Agreement with Aldevron, LLC.

17. Purchase of one Spartan Fire Aerial Truck through Sourcewell Cooperative Purchasing Agency (PBC022818).

18. Bid award to HTP Energy in the amount of $476,575.00 for fuel purchase for the 1st and 2nd quarters of 2021 (RFV20118).

19. Bid award to Interstate Power Systems in the amount of $6,938.04 for generator maintenance services work (RFP19145).

20. Changes to the electrical scope of work in the amounts of $2,119.85 and $4,278.48 for the Ground Transportation Center Remodel Project (F18006 and F19011).

21. Bid advertisement for South Regional Water Connection Improvements Phase I.

22. Contract and bond for Project No. BP-00-57.

23. Purchase Agreement with Terry A. King and Rhonda R.O. King in the amount of $343,200.00 for property located at 6375 31st Street South.

24. Amended and Restated Encroachment Agreement (Adjacent to Block Nine Tower) with Block 9 Master Condominium Association.

25. Bills in the amount of $9,004,961.78.

Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Negative Final Balancing Change Order No. 1 for Improvement District No. SL-19-B1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 1 in the amount of -$14,290.50 for Improvement District No. SL-19-B1 be approved.

Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Change Order No. 2 and Time Extension for Improvement District No. BR-20-E1 Approved:
Commissioner Strand moved Change Order No. 2 for an increase of $9,336.94 and a time extension to the Interim Phase 2A dates for Improvement District No. BR-20-E1 be approved.

Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Easement Use and Protection Agreement with Fargo Public Schools Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating that Engineering and Fargo Public Schools (FPS) have been working on details for an addition to Lewis and Clark School. They said some of the improvements will be placed on an easement the City obtained in 1955 to place sanitary sewer, storm sewer and water mains across the school property. An Easement Amendment has already been approved by PWPEC, they stated, and an agreement has been negotiated to define responsibilities during construction of the addition in the unlikely event the sanitary sewer is damaged.

Commissioner Strand moved the Easement Use and Protection Agreement with Fargo Public Schools be approved.

Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Street Lighting and Incidentals Improvement District No. SL-20-B1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Street Lighting and Incidentals Improvement District No. SL-20-B1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 9 and 16, 2020 and three protests representing less than 1 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.

Commissioner Strand moved the protests be received and filed and declared insufficient.

Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Bids Received for Street Lighting and Incidentals Improvement District No. SL-20-B1:
The bids for Street Lighting and Incidentals Improvement District No. SL-20-B1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, July 8, 2020 and the bids were found to be as follows:

Moorhead Electric Fargo, ND
Bid: $261,082.70

Strata Corporation Grand Forks, ND
Bid: $278,272.30

Contract for Street Lighting and Incidentals Improvement District No. SL-20-B1 Awarded to Moorhead Electric in the Amount of $261,082.70:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Street Lighting and Incidentals Improvement District No. SL-20-B1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received July 8, 2020 for Street Lighting and Incidentals Improvement District No. SL-20-B1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Lighting and Incidentals Improvement District No. SL-20-B1 shows the bid of Moorhead Electric of Fargo, North Dakota in the sum of $261,082.70 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Moorhead Electric in the sum of $261,082.70 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Street Lighting and Incidentals Improvement District No. SL-20-B1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Moorhead Electric for the sum of $261,082.70, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

Second by Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Michael Splonskowski Appointed City Assessor:
Finance Director Kent Costin said Ben Hushka retired in June as City Assessor after serving the City for 44 years. A recruitment process was initiated and has been completed, he said, and the City is pleased recommend Michael Splonskowski, who has worked in the City Assessor’s Office since 2013, as the new City Assessor. The City Assessor is an appointed position in accordance with the City’s Home Rule Charter, he said. Mr. Splonskowski comes with eight years of experience with the City in the Appraiser III position dealing with commercial valuations and residential items. He said he and Mr. Hushka had formulated a transition plan two years ago and executed the provisions of the plan to document the entire assessment process. He said there is a user manual and some key staff have been promoted into higher positions.

Michael Splonskowski said he is pleased and privileged to be offered the position and is excited to lead the Assessor’s Department team into the future.

Commissioner Gehrig moved Michael Splonskowski be appointed City Assessor.

Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.

COVID-19 Update:
Director of Fargo Cass Public Health Desi Fleming said Cass County COVID-19 numbers are at 2,492 with about 154 of those active, which means many have recovered. She said there have been 2 deaths in the last 7 days, bringing the total to 72, and 56 of those have been in long-term care. Hospitalizations remain fairly constant, she said; however, numbers continue to increase across the State. She said there have been issues with lab capacity for the State at various times and positive results are expected to take two to three days to be reported and negatives are reported in three to five days 20 to 30 new cases are reported each day, she said, and numbers are increasing slightly, perhaps due to people being out and about, gathering more and not being as good as needed with the prevention strategies. She said where there used to be about 10 contacts per positive case, now there are about 30, making the contact tracing more complex. School guidance will be released by the CDC this week, so that will help area schools determine their plans for fall, she said, and local Public Health will not be approving the plans, they will be consulting to give recommendations and guidance, she stated.

Commissioner Strand said he is very concerned about what is coming and said he would like to hear from the Red River Valley COVID-19 Task Force at the next meeting about a plan to require masks if this pandemic continues to escalate. He would like to see local action, it is important to be proactive, and the reality is that there are people at risk.

Mayor Mahoney said part of the concern in requiring masks would be enforcement.

In response to a question from Commissioner Strand asking whether the other Commissioners are also concerned about Fargo and a need to require masks if this accelerates, Commissioner Preston said she has similar concerns; however, she would want to think through the mandatory part of that and how effective that is. She said leadership and setting an example is equally important. She said masks do need to be a point of discussion.

In response to a question from Commissioner Preston asking about number of tests and positivity rates, Ms. Fleming said around 5,000 tests were done in Cass County last week and there will be about 6,000 this week. Now that the rest of the State is taking an uptick, she said, more tests are required across the State so Cass County cannot add in any more capacity this week. She said inconsistent timing of lab results has been a challenge. She said the positivity rate for Cass County is about 3%. Part of the education piece would be to get people to take all this more seriously, she said.

Mayor Mahoney said increased testing has issues, such as informing every one of test results. There are many people and employers awaiting results, he said, and it would be good to get to a point where computerization could call those who are negative with the information. He said numbers may be going up to a point above what they were before and that is very concerning. He said the COVID-19 Task Force is giving a report to the community on Wednesday. There are huge concerns across the nation, he said, and there is no reason this area can escape it.

Hearing on a Dangerous Building Located at 717 3rd Avenue North Delayed to Allow for a 180 Day Permit:
A Hearing had been set for this day and hour on a dangerous building located at 717 3rd Avenue North.

The Board received a communication from Inspections Administrator Bruce Taralson submitting a Notice of Dangerous Building Order. He said the Inspections Department is requesting that the City Commission deem this building dangerous and order its demolition due to the extent of damage found. He said the building meets 9 of the 10 criteria in Fargo Municipal Code Article 21-0405 and a dangerous building notice was sent to the owner and posted on the structure on 5/14/19. The owner obtained a permit on 7/2/19 to demolish the rear portion of the building, he said; however, that permit expired after 180 days of inactivity. The Assessor’s office has included a letter stating that repairs will exceed or are in excess of 50 percent of the current value, he said, and according to the Ordinance, if costs to repair the building exceed 50 percent or more of the current value, the building can be ordered demolished or repaired. He said Inspections is taking the path of demolition due to the amount of repair required. The building, which was constructed in 1907, is vacant and uninhabitable due to extensive deterioration, he said, has multiple windows and doors boarded up, a pillar on the porch has fallen over, the foundation has loose and/or missing blocks, there are signs of infestation, the exterior of the house is deteriorated and the paint is peeling. The water has been shut off since 1999, he said, the last date of electrical use was August 2004 and there have been many complaints regarding the condition of the property. He shared photos showing the deterioration of the exterior of the building and reminded the Board the intent is to always allow rehabilitation or repair if possible. He said they have worked with the owner over time and the owner also owns two adjacent properties, one in which he may reside and the other is a duplex. The rest of the properties in the neighborhood being mostly a mix of single family, duplex and commercial, he stated.

Commissioner Piepkorn said this is a very unique house and it is sad to see it in this condition; there may not be another pocket house like this in the area.

Commissioner Piepkorn moved that the house located at 717 3rd Avenue North be determined to be a dangerous building, direct staff and the City Attorney’s Office to prepare and serve the owner with the appropriate Findings of Fact and Order and direct appropriate staff to solicit proposals for the removal of this structure if it is not removed by September 10, 2020.
Second by Gehrig.

Heather McCord, Project Manager at Kilbourne Group, said the property owner and the Kilbourne Group are requesting an additional 180-day demo permit. She said a contractor has been hired and has begun work prior to the dangerous building action. The
500-square foot structure, nicknamed the “Little House,” was built by Milton Beebe in 1906 as a smaller replica of his home in New York and his architectural office, and it is one of Fargo’s oldest surviving nonresidential wooden buildings. She said the owner and Kilbourne Group can commit to the schedule, design and budget for Phase 1, which is to relocate, secure and preserve the office with a budget of $125,000.00, comprised of the owner’s own money and private donations. Once Phase 1 is complete there will be a legal, code-compliant structure, she said, specifically enclosed on all four sides with a new roof, new orientation, watertight foundation and alley frontage. She said it will be newly painted, windows repaired, column reinstalled and infestation problems solved.

Commissioner Preston said this looks like a difficult project to complete financially and she would hate to see it go halfway and stop.

In response to a question from Commissioner Piepkorn asking whether the 180-days is sufficient or whether this has gone on long enough, Mr. Taralson said it has gone on long enough for him. This is unusual, he said, and with the 50% assessment rule, the City can require full compliance. There are many issues to be worked out including mechanical, electrical, plumbing and allowed use in this zoning. He said when looking at
6 months, it would make this 2-2 ½ years into the process for the Inspections Department.

As far as the relocation of the building, Ms. McCord said the house is bound by a web of power lines so the first step is to bury the power lines and remove the poles then the house can be lifted up to pour a new foundation. She said Xcel was scheduled to remove and relocate the power lines last fall; however, early frost prevented that and it has been rescheduled to the end of August, which is the first step.

Commissioner Strand said few properties in town have the historic relevance this one has. He said he knows it has been difficult and frustrating and he is aware of folks in town who have tried to work with the owner for years to save this building because of the strong public interest in the history the Beebe house represents. He would ask the Board to give them 180 days to see if the history can be salvaged, he said.

Commissioner Preston said she would like to disclose that she was a complainant over a year ago, and it was related to the deterioration of the building. She said she understands the significant history; however, it has been a terrific eyesore with many problems.

Kay Schwarzwalter, 723 3rd Avenue North, said there are six properties on this quarter block; she and her husband own two and Ron Ramsey owns the other four, including 717 3rd Avenue North, the subject of the Hearing. She said the six properties are important as the Milton Earl Beebe Historic District, listed on the National Historic Register of Historic Places. She said she has lived there 20 years and 717 3rd Avenue North has stood unoccupied all these years. In that time she has witnessed no attention given to the property, she said, except when police were called to address vandalism or trespassers. She said now the neglect of the property threatens the livability of the neighborhood and although promises were made over the years to restore it, nothing happened until it was going to be condemned by the City. Since then, she said, the back porch has been demolished and there are plans to improve the property; however, she has shared in Mr. Ramsey’s vision before and was hopeful then that something would be done and now her fear is nothing further will happen. She said it is encouraging that the Kilbourne Group has taken over the project and would ask that it be completed fully without further delay. If it is found not to be salvageable, she said, it would be desirable to demolish it sooner rather than later and the space be turned into some other use, perhaps a pollinator garden requiring no maintenance.

Commissioner Strand moved to amend the motion to allow for a 180-day permit.
Second by Gehrig.

In response to a question from Commissioner Preston on whether the timeline could be different from 180 days, Mr. Taralson said 180 days comes from the building code as a permit is allowed to be active for 180 days and would allow for an extension of another 180 days.
Commissioner Gehrig said it sounds like funding is in place and they have the Kilbourne Group behind them. He said he understands the frustration from the neighborhood; however, with the funding and someone backing it, and even the neighbors saying to save it if possible, they should be given a shot.

In response to a question from Commissioner Preston on what would happen if it is not finished in 180 days, Mr. Taralson said that would be a problem. He said once a permit is issued, there is precedence to go by. The permit will give 180 days, he said, and Inspections would like to see the deadline on the permit as 180 days.

In response to a question from City Attorney Erik Johnson asking whether the suggested motion, now subject to amendment, stating action by September 10th, means the order for demolition still kicks in, Mr. Taralson said that any permit would stay in the action that is done and that would make it a difficult situation. He said if money is spent, the project and time has gone by, action is usually not taken on the permit.

Commissioner Piepkorn said it is sad to be giving more time to the owner who is basically responsible for letting this happen; however, giving it more time is the least the Board can do.

Commissioner Strand thanked the Kilbourne Group and the principals. He said his sense is that this building would not be saved without their intervention.

On call of the roll on the motion to amend Commissioners Strand, Gehrig, Piepkorn and Mahoney voted aye.
Commissioner Preston voted nay.
The motion was declared carried.

On call of the roll on the original motion as amended Commissioners Gehrig, Preston, Strand and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.

Commissioner Piepkorn said he misunderstood the motion and would have voted aye.
Commissioner Strand moved the Board reconsider the original motion to allow Commissioner Piepkorn to change his vote.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

On call of the roll on the original motion as amended Commissioners Strand, Gehrig, Preston, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Parcels of Land in Craigs Oak Grove 2nd Addition Rezoned (505, 509 and 515 Oak Street and 2, 6, and 10 6th Avenue North):
At a Hearing held on June 2, 2020 the Fargo Planning Commission recommended approval of a change in zoning from MR-2, Multi-Dwelling Residential with a PUD, Planned Unit Development overlay to DMU, Downtown Mixed-Use and MR-2, Multi-Dwelling Residential and repeal of the existing, Planned Unit Development (PUD) overlay.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Planning Coordinator Donald Kress said the site is at Oak Street and 6th Avenue North. The zone change and Minor Subdivision plat work together to modify the zoning of Craigs Oak Grove Addition, which was approved in January, 2019, he said, and revises existing lot lines and does not create additional lots. He said it adds additional property the applicant has acquired since the last plat, he said, and the applicant has stated the intent is to construct residential housing consisting of townhomes on Lot 1 and a multi-dwelling consisting of apartments and condominiums on Lot 2. The proposed zoning change does not change the zones, he said, it aligns the boundaries of the zoning districts with the proposed Lots 1 and 2 to accommodate the applicants proposed development. The zone change would extinguish the Planned Unit Development for the area of Lot 1, he said and the nature and history of public comments are summarized in the staff report.

In response to a question from Commissioner Gehrig asking whether there is an incentive on the lot, the applicant Jesse Craig said they are working through a possible TIF or something of that nature; however, the plat and zoning had to come first. He said during the last six years of his involvement, there have been nine neighborhood meetings, and part of this extension of zoning is to accommodate some of the concerns raised about a secondary entrance and exits for the new property and for off-street parking. Initially, he said, the townhouses will be for rent; however, the intention is to sell them at some point in time and the condos on the top floor will be for sale.

Strategic Planning Director Jim Gilmour said a previous developer had requested a TIF; however, a TIF would have to come back to the Commission again.

In response to a question from Commissioner Strand about this block being added to the Renaissance Zone, Mr. Gilmour said that was adopted when the previous plan was adopted and condominiums would be eligible for a 5-year property tax exemption; however, there is not enough money left in the Renaissance Zone fund.

Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Preston, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Craigs Oak Grove Second Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcel of Land Lying in Craigs Oak Grove Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

Second by Preston. On call of the roll Commissioners Piepkorn, Preston, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resolution Adopted Approving Craigs Oak Grove Second Addition:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Craigs Oak Grove Second Addition” containing 2 Lots, 1 Block, and 3.3 acres of land more or less, located at 505, 509, and 515 Oak Street and 2, 6, and 10 6th Avenue North; and
WHEREAS, A Hearing was held June 2, 2020 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on July 1 and 8, 2020 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., July 13, 2020 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Craigs Oak Grove Second Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Second by Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Preston, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Parcels of Land in Truesdell’s Addition Rezoned (814, 818 and 822 Oak Street North):
At a Hearing held on June 2, 2020 the Fargo Planning Commission recommended approval of a change in zoning from SR-3, Single Dwelling Residential to SR-4, Single Dwelling Residential.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Planning Coordinator Donald Kress said the property has three, four-plexes, currently zoned Single Dwelling Residential and the buildings have been there since 1962 when the zoning was different on the property and allowed a higher density. With the adoption of the current Land Development Code, he said, in 1998 it was zoned the current SR-3, thus this lot now has more dwelling units on it than the current zoning allows; in other words, a nonconforming situation. He said the owner wants to turn the four-plexes into duplexes, so there would only be a total of six units and the SR-4 zoning allows the current fit. He said there were some questions from neighbors about the difference in zoning; however, there were no comments of opposition to it.

Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Truesdell’s Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Gehrig moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Truesdell’s Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

At 5:57 the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Five-Year Pledge Granted to the Career Workforce Academy Project Contingent Upon the Federal Grant Award Being Awarded:
North Dakota State College of Science (NDSCS) President John Richman said public and private sector project partners have worked diligently over the past three year. He outlined the request and progress in a report on the Career Workforce Academy (CWA) project. He said public, private and nonprofit leaders recognized an opportunity for an academy to take the area's workforce development to the next level by constructing a new building that will house the community college alongside several of the area's K-12 school districts' Career and Technical Education (CTE) programs. He said the first phase of the Career Workforce Academy project in Cass County is a new 86,000 square foot facility designed to accommodate future expansion of an additional 39,000 square feet. The building is to be separated into spaces organized around the career clusters of transportation; manufacturing; health sciences; agriculture; architecture and construction; informational technology; arts and communications; and business, finance and marketing. Skills gap analyses conducted as part of a feasibility study in 2016 found critical deficiencies among the existing labor force and the study also asked business leaders across a range of sectors about their companies' capacity to invest in a new facility dedicated to workforce development. The results were favorable towards creating a Career Workforce Academy in Cass County, he said, and private contributions are aligned to match local public funds to secure a federal investment in the project. He said $17,270,000 in financial or in-kind pledges have been secured and private sector fundraising will continue for a Phase II. He said recognizing local support; he respectfully requested the City of Fargo consider a pledge of $1,500,000 to be paid over five years in yearly installments beginning in 2020. He said he looks forward to creating a premier workforce program that will keep North Dakota competitive. He said an academy is a proven model that begins at the elementary age, where career awareness opportunities take place, continues to junior high age where career exploration and hands on opportunities would be presented, then in to high school grades and provides other opportunities. The innovative piece being planned, he stated, is that bridges into an Associates Degree or for transfer to complete a Bachelor’s Degree. It is more than an academy, he said, it is a Workforce Development Center that will provide workforce training for employees needing additional skills or unemployed adults to be retrained, and beyond that to the New American program and potential other populations that are under consideration. The private sector has been asked to pledge their own money to help build this facility, he said, and they have been asked for a long-term partnership. They are needed for their expertise, to provide internships, job-shadowing experiences to students of all ages, he said. This matter is time sensitive, he said, because due to COVID-19, the Federal government has provided increased funding in the various regional Economic Development Associations (EDA). There have been extensive conversations with the regional EDA office, he said, and the services of Lake Agassiz Regional Council have been secured to help write the grant. The grant requires a match, he said, and he believes with the approval of the Board, public funding can be completed and with the more than $11 million already pledged from the private sector companies, there will be an extremely strong grant application to submit. He said public funding will come from Cass County, the City of West Fargo, Fueling Our Future and, hopefully, the City of Fargo.

In response to a question from Commissioner Gehrig asking whether this overlaps with other institutions in the region, Mr. Richman said there may be some duplication by demand and by need due to space needs or growth.

Dr. Denise Jonas, Director for Career and Technical Education for the Cass County Career and Technical Education Center, said work has been collaboratively as a K-12 system across the river with Moorhead for a while, along with MState and with NDSCS. She said studies included what is happening in the K-12 system and what is offered in the technical colleges or other two-year systems. One gap recognized was in agriculture, she said, and other areas such as health science.

In response to a question from Commissioner Gehrig asking whether classes in the area tech schools are all full or why is there a need to create one in Fargo, Ms. Jonas said other communities are ahead. She said Moorhead moved ahead creating an academy to alleviate problems with growing enrollment. She said she thinks there is a need and this model includes K-12, adult learners and retraining. Part of the model beyond technical training takes into consideration career development counseling, she said, as well as outreach to parents and partnerships with the business communities.

Mr. Richman said the first part of the academy is career awareness and helping students make an educated career choice.

Commissioner Piepkorn said the Board has to recognize how the world has changed in the last four months and there are concerns with the City’s own finances. He said to commit to a $1.5 million dollar pledge is a hard question to answer. There is a revolution in education, he said, and now there is even a question on whether Fargo Public Schools will be open this fall. An academy is a great concept, he said; however, the Board has to make sure to spend the City’s money wisely.

Commissioner Gehrig said he agrees career exposure is important. In response to a question from Commissioner Gehrig on how it would work, particularly for younger students, Ms. Jonas said while high school students would come to the center for courses, the middle level, Grades 5-8 would come to summer academies for exposure to different trades. She said for the younger students, there are smaller opportunities; however, there is a strategy to push this in to classrooms by helping the teachers to develop resources and opportunities through their curriculum.

In response to a question from Commissioner Gehrig asking whether offering general credits that transfer would affect enrollment at NDSU, Mr. Richman said they are hearing from the private sector there is a need for general education because of the need for general entry technicians. He said NDSU is a great partner and supports, and he does not see this as a competition as it might even lead more students to higher learning.

Ms. Jonas said the hope is that a small step can lead to a long-term goal through the transition of a K-14 that could lead to an advanced degree. She said this is looking at ways to capitalize on local universities to make a strong North Dakota system and a strong Cass County system.

Commissioner Preston said she served on the School Board and understands the importance of having an integrated tech program within a school district and this sounds like this may take it to the next level. The need is difficult to measure, she said, and the culture has been so strong to get students to go to college right out of high school; however, four-year college degrees may not be the best thing for all students coming out of high school. She said she has concerns when such a large request comes up that has not been included in the budget.

Mayor Mahoney said commitments to the Core Neighborhood Plan and the Land Development Code are already in the budget and this is a new request. He said it is difficult to know what will happen in the next six months so assumptions will need to be made, such as how COVID-19 will affect the economy. He said $300,000.00 can fit in the budget, operating and personnel are being looked at. He said the schools are in the project, the County is in it, as well as the City of West Fargo, so Fargo would be just one part. As in any budget, it is hard to find the money, he said; however, if it is a commitment the Board wants to make, the money will be found.

In response to a question from Commissioner Preston asking what would happen if the Federal grant does not come through, Mr. Richman said he agrees everyone is faced with unknowns and that decisions have to be made on what is known today. He said the additional federal funding received by the Regional EDA office will go somewhere and he believes completing this application can bring $5 million of federal funding to help complete the design work and put a shovel in the ground in the Spring of 2021, opening the doors in the Fall of 2022. The City’s investment could help secure an additional $5 million outside federal funding coming to the region, he said.

Commissioner Gehrig said no doubt trade schools are important; however, the issue comes down to dollars and cents. He said this building will require infrastructure, specifically special assessments, and he understands the academy would pay their portion of special assessments. He said unlike West Fargo, Fargo has caps on their specials and depending on costs, they will not likely cover their entire cost so it will fall to the residents of Fargo. He said a Fargo resident will be hit multiple ways and the average citizen who may not have any benefit could be on the hook for a lot of tax dollars. Additionally, he said, he is concerned that future requests for money will be made, as such institutions do not tend to operate in the black. He said the idea is fantastic and he knows there is a demand for the trades; however, the average taxpayer will be on the hook for more than the $1.5 million over the years due to infrastructure costs and possible future requests. He said it is not just the City; it is the County, the Schools and other funds the City puts money into.

Mayor Mahoney said the funding is a bit different, and as he understands it, the operating costs will come from the school districts. He said that the request from the City is for a donation to a Capital Fund with no intent to come back to the Commission. Any new development would follow the City’s Special Assessment Policy, he said, and there is no intent to give an in-kind donation of specials assessments.

Mr. Richman said in the information shared with the Board contains a draft of an agreement that would be entered into with the various school districts that are part of the consortium. As of today, it includes Northern Cass, Central Cass, West Fargo and Fargo, he said, and other districts have expressed interest in participating once it is up and running.

In response to a question from Commissioner Strand asking about the commitment from the schools for the project, Superintendent of Fargo Public Schools Dr. Rupak Gandhi said Fargo Public Schools is to support the ongoing operations of the building through a tuition-based agreement, and he believes the partnering K-12 institutions would do the same. He said this in not just an Academy, which implies K-12 or K-14, it really is a Workforce Development Center, so the School Districts are just one user entity. He said this is not a function of just K-12 schools, it is an opportunity to serve the students; however, it would be embedded into the services if it were a function of the schools. This Academy would fill a gap for students needing advance level courses that cannot be offered at a K-12 system and are outside the scope of what schools normally do.

In response to a question from City Attorney Erik Johnson asking whether this is a general commitment to the concept and whether there will be a final document to approve a pledge, Tony Grindberg, NDSCS Vice President of Workforce Affairs said Lake Agassiz Regional Council is writing the grant application and as he understands it from the conversations with the EDA officials, the local share must be documented. He said the decision now will add to the local share from the public entities to qualify for the $5 million and what is needed from the local entities for the grant application is simply a reference that the commitment was made from meeting minutes.

Commissioner Piepkorn said he is not comfortable doing a multi-year commitment and is not sure that is appropriate. He said he is concerned that Fargo Schools are not financial involved, yet the City is.
Mr. Gandhi said the financial investment of the schools would not only be
tuition-based agreements allowing for the operational costs of the building; they would also maximize the student’s opportunities, so from an equity perspective they would provide transportation and other investments. He said K-12 is one user base and the scope of the project goes beyond that to New Americans, adult education and to employers for training as a collaborative project.

Commissioner Preston said the City involvement is also workforce development, not only K-12. She said the City is participating in the bricks and mortar and she understands the school districts are not able to do that. Adult education includes things like English as a Second Language classes, she said, making it a City accountability and benefit.
In response to a question from Commissioner Strand asking when the results of the federal grant are expected, Mr. Richman said the hope is to submit the application this week and the decisions would likely be announced in late September or early October.

In response to a question from Commissioner Strand asking whether it would be reasonable to revisit the pledge if the federal grant is not approved, Mr. Grindberg said that it would be reasonable to have a contingent agreement based on the federal grant award.

Commissioner Gehrig said this a tax increase outside the regular budget cycle. While it is a good idea, he said, how it gets built is as important as if it gets built. He said no one is saying it is not needed or that it is not important; however, a yes vote raises taxes outside of the budget cycle.
Commissioner Strand moved the City of Fargo pledge $300,000.00 per year for
5 years to the Career Workforce Academy project beginning in 2020, contingent upon the Federal Grant being awarded.

Second by Preston. On call of the roll Commissioners Strand, Preston and Mahoney voted aye.
Commissioners Gehrig and Piepkorn voted nay.
The motion was declared carried.

Amendment to the Remodeling Tax Exempt Policy Approved:
The Board received a communication from Strategic Planning Director Jim Gilmour stating the Tax Exempt Review Committee is recommending a change in the remodeling tax-exempt policy to allow a 5-year remodeling and additional tax exemptions for commercial properties that are adjacent to Downtown. He said the change was first discussed when considering an application from 701 Brew for a remodeling tax exemption on the northeast corner of University Drive and 7th Avenue North. Current policy would provide a 3-year remodeling exemption to this project, he said; however, the policy for property across the street would provide a 5-year remodeling exemption on both the current building and the expansion. The Tax Exempt Review Committee supported the 5-year exemption and felt it was important to first amend the policy. The initial idea, he said, was an expansion of the boundary of the area eligible for longer term exemptions; however, because of concerns from neighborhood groups on the boundary change, the Committee decided to recommend this more limited change. He said the proposed change does not expand the area where PILOT incentives would be considered and does not change the residential or apartment policy, it is limited to commercial property. It would affect the 701 Brew property and some commercial properties on the western edge of Downtown, he said, most significantly the Family Fare block would be eligible.

In response to a question from Commissioner Strand on how adjacent is defined, Mr. Gilmour said as the dictionary describes it, immediately bordering a property.

Commissioner Strand said he would like the Tax Exempt Review Committee to revisit this entire category of policies.

Commissioner Piepkorn said the Tax Exempt Review Committee would welcome suggestions from Commissioners at any time. He said a goal was to review policies every so often and there are refinements such as this that can be done at any time.

Commissioner Piepkorn moved the Remodeling Tax-exempt Policy be amended to allow for a 5-year Remodeling Tax Exemption and to allow additional tax exemptions for commercial properties adjacent to the Downtown be approved.

Second by Preston. On call of the roll Commissioners Piepkorn, Preston, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Application for Property Tax Exemption for Improvements Made to Buildings Approved:
Commissioner Gehrig moved the application James and Geraldine Flaig, 2206 8th Street North, for a 5-year property tax exemption for improvements made to buildings be approved.

Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Purchase Agreements for the New Downtown Water Tower Site Approved (Project No. WA1910):
Water Utility Director Troy Hall said an evaluation of the water towers showed some in significant need of repair and the cost was high, so replacement was looked at as an option. Three of the towers do not work well with the rest of the system as far as hydraulics, he said, and a new tower would be an opportunity to fix a number of those issues. This project would replace three towers with a single tower with the same capacity as the old towers. While the short-term cost for replacement is slightly higher than reconditioning, he said; from a life-cycle cost, it is several million dollars lower to build a new tower. The project is in the Capital Plan and the 2020/2021 budget, he said, and it is a system wide benefit with no special assessments being associated with it. The Finance Committee and the Utility Committee have both discussed it, and approved two purchase agreements with property owners along 7th Avenue North at the site where the new Downtown Water Tower (DWT) will be located, he said. The purchase of these two properties will allow the new DWT to be positioned to allow the existing older water tower to remain in service for most of the new DWT construction, he said. The two properties are a single family home at 1114 7th Avenue North and a 4-Plex rental property at 1116 7th Avenue North, he said, and Infrastructure Sales Tax is the funding source for the purchase. He said the Water Utility secured a $2.81 million grant from the North Dakota State Water Commission in February 2020 to pay for the DWT construction. Full project costs are listed as $6.75 million in the Water Utility Capital Improvement Plan, he stated, with DWT bidding scheduled for late 2020.
Director of Planning and Development Nicole Crutchfield said this property is in the Core Neighborhood Plan area and since the City is in the first phase of that Plan, this property can be rolled into that project. She said there would be land development opportunities for all three of the water tower sites.

Commissioner Piepkorn moved the Purchase Agreements for the properties located at 1114 7th Avenue North and 1116 7th Avenue North, in the amount of $535,000.00, for the near Downtown Water Tower site, Project No. WA1910 be approved.

Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Recommendations for the Fargo Police Chief Selection Committee Approved:
Mayor Mahoney said there were more than 100 statements of interest submitted from citizens willing to participate on the Fargo Police Chief Selection Committee and he is pleased with the list of recommended participants and finds it fairly well represented.

Director of Human Resources Jill Minette said the Police Chief Selection Committee was discussed at the June 15th City Commission meeting and the process began following the meeting to invite interested citizens to apply. She said the goal was to be as inclusive as possible and to select members that would bring a variety of different perspectives to the selection. In addition, she said, members of the Fargo Police Department were asked to select a Police Officer and Police Sergeant to be included on the Committee. She said the following are the community member candidates: Whitney Leedahl, Tonya Greywind, Nidal Omar and Jason Boynton, and representing the Native American Commission is Lenore King and from the Human Relations Commission it is Matuor Alier. She said representing the Police Department are Sergeant Michael Sanden and Officer Jesseca White. The other members, she said, are: Dave Leker, Executive Director of Fargo Park District; Dr. Rupak Gandhi, Superintendent of Fargo Public Schools; and Civil Service Commission Chair Jane Pettinger. The members in attendance were to be recognized and she thanked them for their willingness to serve.

Mayor Mahoney said finding a new Police Chief will be a vigorous process. He said Chief Todd has brought the department a long way and he is interested to see the vision from here.

Commissioner Gehrig moved the members of Fargo Police Chief Selection Committee be approved, as presented.

Second by Strand. On call of the roll Commissioners Gehrig, Strand, Preston, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Discussion on Permitting Process for Protests:
Commissioner Piepkorn said he asked for this on the agenda primarily for information. Permits are required for Neighborhood Block Parties and parades, so his inquiry is about the process and whether things are consistent for all events across the board. He said it is important to be aware of events and to have appropriate staff focusing on public safety. He has questions not only about protests, he said, but what the City’s process is, including things like online applications and fees.

Commissioner Strand said the conversation needs to include learning what the Park District does, as some activities involve the City, Parks and the Schools, and the policies may not all be the same. He said it would be good to have a bigger picture on public engagements.

Mayor Mahoney said staff would come back with information on permitting, including what the Park District does.

Police Chief David Todd said there is a 30-day notice requested for parade permits. The reason being that it goes through a number of different departments to plan for street barricades, police presence, traffic signal adjustments and knowledge of an established route allows an opportunity to inform officers, fire and EMS, he said. He said forms for parade permits are available online.

Revisions to the Fargo Police Department Policy Regarding Chokeholds Received and Filed:
Police Chief David Todd explained the Police Department’s policy system. He said prior to him becoming Chief, the department wrote its own policy, a process that is very labor intensive, requiring research and constant change. There was an opportunity when he became Police Chief for a grant through the State to fund two years of the Lexipol, a Public Safety Policy system. He said Lexipol is software based on risk management, law enforcement expertise with best practices and latest legal reviews to keep policies updated. The system is set up so changes are pushed out automatically to officers, he said, requiring acknowledgement followed by briefing or training. He said Deputy Chief Joe Anderson was the policy manager to implement it, which was very comprehensive over four years. He said within certain parameters, departments can make their own changes, and he addressed the specific policy called Response to Resistance or Use of Force, addressing force or deadly force. He said the department does not train for chokeholds; a chokehold restricts airway or blood flow to the head which is arguably a deadly force situation. He said to use that type of maneuver an officer must be able to articulate why there was a deadly force situation. In response to the national discussion taking place regarding chokeholds, he said, he and Deputy Chief Anderson revised the policy to provide more clarity. He said they added the definition of a chokehold and added it as being strictly prohibited, with the exception “if an officer or other person is in fear of death or serious bodily injury and there is no other alternative available based on presenting circumstances, carotid restraints or other chokeholds are permissible in defense of the officer or another’s life.” A deadly force situation has to exist in order for an officer to be able to administer something like a chokehold, he said. This revision takes existing policy and adds verbiage, he said, and the Mayor weighed in on the policy as well, which was helpful with his medical expertise on blood flow and air restriction.

In response to a question from Commissioner Piepkorn asking how is this approached in training, Chief Todd said there is first classroom discussion on case law and its rationale, then defensive tactics training to learn what is appropriate and what is not.

Commissioner Preston said some circumstances at the national level have included prone restraint and she asked Chief Todd whether the Fargo PD has a policy on that. He said officers are trained for such situations. He said something called excited delirium can occur when adrenaline spikes, the heart beats rapidly and pressure is put on the body from officers trying to hold them down when a subject could be under the influence of a substance, and all this can cause death. Officers are trained to know when to relieve the situation, he said, as well as when to have medical personnel present and get a person help. There are many things for an officer to consider when using force to control a situation and when to stop using force, he said. Any time the use of force involves death or injury, an evident or claimed injury, an injury claimed to be due to an officer’s action, if pepper spray, a Taser, canine use or any strike, kick or any time a person is brought to the ground with hard impact, and more, all require a review, he stated. An officer is required to notify a supervisor who comes to the scene and interviews the person, any witnesses and officers, get medical checks before being cleared to go to jail and to photograph any injury. All this information is packaged by the Sergeant in a Response to Resistance Review, he said, which goes for review by the Lieutenant, then Deputy Chief, then Police Chief and finally, to the Office of Professional Standards.

Jamal Abegaz, a Board member of the Fargo-Moorhead Black Lives Matter (BLM), said this topic is on their list of desired changes and he thanked to Board for addressing it. He said the community has turned out to make it clear that police brutality is not acceptable. He said he is glad to see that chokeholds are not permitted and he would also like to see prone restraints banned.

Faith Dixon, BLM, thanked the Board for their consideration of this topic, which was discussed in meetings and brought up to the Human Relations Commission. She said many black men and women have died because of such restraints.

Tracey L. Wilkie, an enrolled member of the Turtle Mountain Band of Chippewa and candidate for North Dakota House District 16, said she has had police officer training and worked in a criminal justice department in Portland, Oregon for 20 years. She said policies are only as good as the paper they are written on if there is no accountability. She has seen many injustices to people of color, she said, and when injustices are seen, it must be reported at all levels, to include citizens and teachers. She stated it is also important to have people who “look like us, representing us” in making decisions.

Richard Rockefeller, representing the North Dakota Human Rights Coalition, said he was born in North Dakota, grew up between North Dakota and Virginia, and was raised in a culture of white supremacy. He takes a strong stand as a citizen for a ban on chokeholds, he said, and feels it needs to be made impermissible to put a knee on a neck and choke to refrain, which was the case with George Floyd in Minneapolis. He said he believes a chokehold is essentially a noose and represents white supremacy and privilege at its greatest and unless banned, it will not be taken seriously.

In response to a question from Commissioner Strand asking whether the policy he is advancing includes prone restraint, Chief Todd said one has to parse into that a bit. He said when an officer is taking someone into custody and is resisted resulting in an all-out fight, an officer will be on top of that person if he is winning; there is no other way to get them handcuffed. He said once handcuffed and controlled, then weight is removed off them. He said that was in place prior to the chokehold verbiage. Also spelled out specifically in policy, if an officer sees another officer doing something wrong, they have a duty to intercede, he said.

Commissioner Gehrig moved the revisions to the Fargo Police Department Policy Regarding Chokeholds be Received and Filed.

Second by Preston. On call of the roll Commissioners Gehrig, Preston, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, July 27, 2020.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:31 o’clock p.m.