Far More is Happening Here

Fargo City Commission - June 24, 2024 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Monday, June 24, 2024.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Fargo Cass Public Health and the City co-hosted the documentary “Beyond the Bridge: A Solution to Homelessness” on June 18th at the Fargo Theatre and about 150 community members attended; tonight is the final City Commission meeting for Desi Fleming, Director of Fargo Cass Public Health, who is retiring after more than 30 years of service to the community; the City has issued building permits for the airport parking garage and terminal expansion with a total value of more than $131 million and an official groundbreaking at the airport is July 1st; residents are encouraged to volunteer this summer at the Carlson Library Learning Garden plots; Fargo Public Library staff will have a booth at the Fargo Police Community Picnic on June 26th at Broadway Square; the apartment vacancy rate in Fargo is 6.93% as of March 1st, down a third of a percent from 7.32% in December 2023; outgoing members of the Planning Commission John Gunkleman, Rocky Schneider and Dawn Morgan were recognized; Mayor for a Day essay contest winners Nathan Asgedom and Alex Zhao read their winning essays; and outgoing Commissioner Arlette Preston was recognized for her years of service to the City.

Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved, adding two additional items to the Consent Agenda to approve the list of Alcoholic Beverage and Live Entertainment licenses until June 30, 2025 and a Gaming Site Authorization for the ND Horse Park Foundation at Fargo Horse Park.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Preston moved that the Minutes of the Regular Meeting of the Board held on June 10, 2024 be approved as read.

Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.

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

1. Resolution Establishing the Board of City Commissioners as the Finance Committee of the City of Fargo (“Attachment A”).
2. Applications for Games of Chance:
a. El Zagal Shrine Temple for a calendar raffle 1/1/25-6/30/25.
b. El Zagal Shrine Temple for a calendar raffle 7/1/25-12/31/25.
c. Fargo Masonic Advisory Board for a raffle on 8/14/24.
d. ND Grand Chapter OES for a raffle on 6/5/25.
e. ND Grand Chapter OES for a raffle on 6/5/25.
f. North Dakota Solid Waste and Recycling Association for a raffle on 10/23/24.
3. Gaming Site Authorization for Sharehouse Inc. at Speck’s Bar.
4. Permanent Easement with Keith A. Ernst and Linda Vogle, as Trustees of the Fred M. Hector, Jr. Revocable Trust (Project No. DR-21-A1).
5. Bid advertisement for Project No. DR-21-A.
6. Bid advertisement for Project No. UR-24-A.
7. Negative Final Balancing Change Order No. 2 in the amount of -$80,644.44 for Project No. BP-23-02.
8. Contract and bond for Project No. UR-24-H1.
9. Developer Agreement with EagleRidge Development, LLC for Selkirk Place Second Addition.
10. Consent to Construction with Furst Stolz Development, LLC for property located at 4102 19th Avenue North.
11. Memorandum of Offer to Landowner for Permanent Easements (Street and Utility) and (Utility) with Cornerstone Bank (Improvement District No. PR-24-A1).
12. Bid award to Master Construction Co. Inc. in the amount of $120,032.00 for Improvement District No. AN-24-B1.
13. Change Order No. 1 for a time extension to the interim completion date for Phase 1 of Improvement District No. BR-24-E1.
14. Change Order No. 2 for a time extension to the interim completion dates for Phase 1A and Phase 1B for Improvement District No. BR-24-A1.
15. Contract and bond for Improvement District No. BN-23-G1.
16. Create Improvement District No. BR-23-G (Paving and Utility Rehab/Reconstruction).
17. Set July 8, 2024 at 5:15 p.m. as the date and time for a Public Hearing on a dangerous building located at 1011 University Drive North.
18. Purchase of Service Agreement with Fargo Public School District.
19. Purchase of Service Agreement with Mapleton Public School District.
20. Purchase of Service Agreement with Kindred Public School District.
21. Notice of Grant Award from the ND Department of Health and Human Services for boosting immunization rates through LPHUs (CFDA #93.268).
22. Notice of Grant Award from the ND Department of Health and Human Services for LPHU Tobacco Prevention and Control Program.
23. Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) 2024 Action Plan, Proposed Amendments to the 2023 HUD Action Plan, Proposed Amendments to the 2020-2024 HUD Consolidated Plan and Proposed Amendments to the Citizen Participation Plan.
24. Purchase Agreement with Red River Properties, LLP.
25. Direct the City Attorney to prepare amendments to Fargo Municipal Code, Section 11-0907 – Relating to Penalty for Littering of Public Places by Contractors.
26. Change Order No. 3 from PKG Contracting, Inc. for a time extension from 5/31/24 to 6/1/25 for Project No. WW1701.
27. Task Order No. 23, Amendment No. 1 with Apex Engineering Group in the amount of $715,250.00 for Project No. WW1701.
28. Bid award to CC Steel, LLC in the amount of $5,660,000.00 for Project No. WA2451.
29. Bills in the amount of $8,475,557.20.

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

Recommendations for Appointments to the Special Assessment Commission and Planning Commission:
The Board received a communication from Mayor Mahoney with recommendations for appointments to the Special Assessment Commission and the Planning Commission.
Commissioner Strand moved that the motions for the appointments be appointments be split in order to have separate votes.

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

Appointment to the Special Assessment Commission:
Mayor Mahoney said he is recommending Dylan Dunn be appointed to the Special Assessment Commission.
Commissioner Kolpack moved Dylan Dunn be appointed to the Special Assessment Commission for a three-year term ending July 1, 2027.

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

Appointments to the Planning Commission:
Mayor Mahoney said he is recommending the reappointment of Art Rosenberg, Maranda Tasa and Jennifer Holz to the Planning Commission for three-year terms ending June 30, 2027, the appointments of Paul Gleye and Tyler Mohs for two-year terms ending June 30, 2026 and Amy Hass to fill the expired term of John Gunkelman for a term ending June 30, 2025.
In response to a question from Commissioner Strand asking why Mr. Gunkelman was not reappointed, Commissioner Preston said there was a discussion about term limits and Mr. Gunkelman had served for more than 12 years. She said his term would have expired last summer; however, with COVID and other reasons, the reappointment was delayed and they were asked to extend their terms for a year.
In response to a question from Commissioner Strand asking if Mr. Gunkelman was appointed until next year and did he not get a letter of reappointment, Mayor Mahoney said Planning was not quite ready to make term limits a policy and there was some confusion; however, Mr. Gunkelman, Mr. Schneider and Ms. Morgan were told about only one additional year of service.
Commissioner Strand said the City needs to improve how it acknowledges and concludes terms so there is no confusion.
Commissioner Piepkorn said term limits for elected officials he understands; however, people who serve on boards are volunteers who have a lot of valuable experience. He said there are many boards where the City has a hard time getting people to volunteer.
Commissioner Preston said there were 12 applicants for the Planning Commission, seven were interviewed and they were all excellent. She said that indicates there are more individuals interested in serving on the City’s various boards. She said there have been some people who have served for up to 24 years and she thinks some kind of term limit is reasonable; however, there needs to be a policy.
Commissioner Kolpack said the City is going to be working on boards and commissions to streamline the process for how new members are appointed and trained. She said with these board members it is clear there was some communication that fell through the cracks; however, a new process will address this. She said she likes the changes that were made in interviewing potential candidates with the Mayor and the respective liaison; however, there is more work to do.
Commissioner Preston moved the Planning Commission appointments be approved as presented.

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

Municipal Airport Authority Annual Report Presentation and Request for 2025 Mill Levy:
The Board received a communication from James Kapitan, Chair of the Municipal Airport Authority, stating at its meeting on June 11, 2024, the Municipal Airport Authority voted to request two mills from the City of Fargo for airport infrastructure improvements for calendar year 2025.
Airport Executive Director Shawn Dobberstein said the Airport Authority already needs to borrow $53 million to complete the terminal expansion project and the parking garage, and losing the tax mill levy from the City would increase the borrowing for these projects by $4 million. He said under current borrowing conditions, this will cost approximately $2.3 million in additional interest expense over the life of the loan. If the tax mill levy never returns, he said, it would put significant stress on the Airport’s future operations, which will lose over $18 million during the next ten years. He said the mill levy money goes for Airport infrastructure, not day-to-day operations and it is important the City’s support continues. He said the terminal expansion will add four gates and an additional 880,000 square feet and when completed, there will be a total of nine gates. He said the expansion of the apron where aircraft park next to the terminal has started as well as reconstruction of the existing apron. Also started is the installation of a force main pipeline from the Airport to Water Reclamation, he said, for deicing fluid runoff for proper treatment. He said all these projects total $15.9 million and construction of the parking garage will cost $45 million, which includes about $6.2 million for a connecting skyway. In all, that is a more than $200 million in projects that should be completed by the first quarter of 2027, he said. Mayor Mahoney traveled with Airport personnel to Washington, D.C. last fall at the request of Senator John Hoeven, he said, where they met with Federal Aviation Administration in a show of partnership between the City, the Airport Authority and the State. He said the FAA is looking for that partnership and the mill levy is one example of local support. He said the Airport uses the mill levy money plus the State money to leverage additional federal dollars and as of now, the Airport is seeking an additional $50 million to $60 million in federal money. He said he will then be looking at issuing revenue bonds with general obligation backing from the City at some point and it will take a couple of years to know all of the federal funding the Airport is going to receive due to the timing of the federal budget. With the help of the congressional delegation, he said, the Airport did receive a $10 million Airport Terminal Project (ATP) grant and this fall the Airport will apply for another ATP grant in the range of $10 to $15 million. He said in 2026 there is another round of grant funds that will be issued by the FAA. There are two things that are against the Airport in terms of federal support for the projects, he said, and one is Hector is a small hub airport, which does not qualify for discretionary dollars that could be spent on the passenger terminal project. Those dollars do qualify for the apron expansion and reconstruction and the glycol line to the treatment plant, he said. Terminal projects are low on the federal priority list of funding opportunities, he stated, and Hector is competing with all of the airports in the country for a limited pot of discretionary dollars. He said projects such as runway safety improvements or runway reconstruction, taxiways and things in the airfield are prioritized by the FAA versus terminal projects; therefore, the City’s partnership and the City’s ongoing partnership with the mill levy to demonstrate to the FAA there is local support is greatly appreciated.
Commissioner Strand said the Airport board should get together with some of the City board members as the budget process starts to have a discussion.
Mayor Mahoney said he has been trying to figure out how much money the Airport needs in reserve and it might be good for everyone to visit about this and try to figure a strategy.
Commissioner Piepkorn said he will support the two mills this time; however, his long-term view is the mills have to be tapered to zero. He said with all of the construction projects happening now, he supports it; however, he will not support it in the future.
Commissioner Strand said he is excited about the projects at the Airport and it is going to be an economic engine for the region. He agrees that right now the City is investing and partnering in these projects at the Airport, he said, and he hopes at some point the profitability of the parking garage ramp will be compelling enough that the Airport can say thank you to the City for getting them where they are and the taxpayers can get some relief.
Mr. Dobberstein said revenue from the parking structure will be dedicated towards the debt service retirement. He said there is a $40 million loan from the Bank of North Dakota through the Revolving Infrastructure Loan Fund, the interest rate is at 2 percent and he wishes he could get more of that money. He will also need the City’s partnership to advocate for additional funding as the upcoming Legislative session kicks off, he said.

Hearing to Consider a Renewal Plan and Developer Agreement with JS2L Partners, LLP for Tax Increment Financing District No. 2024-01 Continued to July 8, 2024:
A Hearing had been set for June 10, 2024 on a Renewal Plan and Developer Agreement with JS2L Partners, LLP for Tax Increment Financing District
No. 2024-01.
At the June 10, 2024 meeting the Hearing was continued this date and hour; however, staff is requesting the Hearing be continued to July 8, 2024.
Commissioner Preston moved the Hearing be continued to 5:15 o’clock p.m. on Monday, July 8, 2024.

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

Hearing on an Application filed by PKPham Inc. d/b/a The Nail Company for a Class “CW” Alcoholic Beverage License Continued to July 22, 2024:
A Hearing had been set for May 28, 2024 on the application filed by PKPham Inc. d/b/a The Nail Company for a Class “CW” Alcoholic Beverage License at 2911 45th Street South.
At the May 28, 2024 Regular Meeting, the Hearing was continued to this day and hour; however, City Auditor Steve Sprague is asking that the Hearing be continued to July 22, 2024.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on July 22, 2024.

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

__Hearing on an Application filed by Martini Blu at the Grotto LLC d/b/a Martini Blu at the Grotto for a Class “F” Alcoholic Beverage License Continued to July 22, 2024: __
A Hearing had been set for this day and hour on the application filed by Martini Blu at the Grotto LLC d/b/a Martini Blu at the Grotto for a Class “F” Alcoholic Beverage License at 3233 45th Street South; however, City Auditor Steve Sprague is asking that the Hearing be continued to July 22, 2024.
Commissioner Preston moved the Hearing be continued to 5:15 o’clock p.m. on July 22, 2024.

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

Hearing on a Dangerous Building Located at 909 4th Street North: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 909 4th Street North.
Inspections Director Shawn Ouradnik said the property owner has failed to comply with the order to either obtain a permit to repair or remove the heavily damaged structure within the time allowed. He said the two story, wood-framed house was built in 1916 and is uninhabitable in its current condition. He said some of the damages include the garage roof has a noticeable sag and rafters show signs of water damage, large amounts of unpermitted electrical, entry doors kicked in, multiple broken windows, missing siding, deteriorated weather barrier and significant rot. He said there are uninhabitable rooms in the basement being used for sleeping purposes, smoke alarms have been removed, there is noticeable movement in the foundation, portions of the kitchen ceiling have been removed and there was a large amount of trash in the rear yard. Drug paraphernalia was also found in the house, he stated, there have been 68 calls for service to date in 2024 and the water meter has been tampered with. The timeline of events started in April 2024, he said, and since then his office has learned the house has pending foreclosure actions. There have been several attempts to contact the owners by phone, he said, and an email response from the owners was received. The property has been without electrical power for some time, he stated, and Utilities personnel were hesitant to enter the house and remove the water meter due to the nature of the people there. He said the owners have been difficult to communicate with, they have indicated they do not live in the house and they were unaware the house was in foreclosure. The bank has been informed of the state of the property and will take possession of the property after the redemption period for the foreclosure has expired, he said. The bank has asked to be allowed to evaluate the property to see if it is in their best interest to repair or remove it, he said. The current owners have indicated the house was sold, he said; however, they have not shared a purchase agreement or other documentation to substantiate that claim and no purchaser has contacted the Inspections office.
Tyler Wirick, representing the lender Wilmington Savings Fund Society (via teleconference), said this house is in a foreclosure action, there is a judgment and sale proceedings have started; however, until some sort of title to the property is received, the lender does not have any authority to access the property to be able to make any changes necessary to try to bring it into compliance. He said he understands there are clearly issues and he requests additional time in order to finish the foreclosure so his client can address this and see if there is anything that can be done in order to save any sort of value for his client.
In response to a question from Mayor Mahoney asking if the extension would be 60 days, Mr. Ouradnik said he would have to see what extent the lender decides to either repair or remove the structure. If the lender decides to repair it and has a timeline, he stated, the lender would have to get contractors lined up, request the extension from Inspections explaining how long of an extension and then he would present that information to the City Commission.
In response to a question from Mayor Mahoney asking if anything has moved since the last correspondence from the owner on May 8th, Mr. Ouradnik said the owner indicated the property was sold; however, he has received no information about any kind of sale.
In response to a question from Mayor Mahoney asking if a 60-day extension would be enough time to things done, Mr. Wirick said the sale is set for July 24, 2024.
Mr. Ouradnik said the lender would have until August 23rd to ask for an extension, which is within that timeframe.
Commissioner Strand said he is glad to see these timelines with dangerous buildings compressed and how the Inspections Department is expediting these actions for the general safety of the public.
In response to a question from Commissioner Piepkorn asking if the lender starts taking action, can they come back to the City Commission and ask for more time, Mr. Ouradnik said that is correct and he is not saying everything has to be done by August 23rd; however, putting a deadline on it puts more pressure on the lender to move the process along.
Commissioner Piepkorn moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and the Inspections Department be authorized to solicit proposals for the removal of this structure on August 23, 2024 if it is not removed within the time allowed by the Board’s Order.

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

Hearing on a Dangerous Building Located at 1449 4th Avenue South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 1449 4th Avenue South.
Inspections Director Shawn Ouradnik said the property owner of 1449 4th Avenue South has failed to comply with the order to either obtain a permit to repair or remove the heavily damaged structure within the time allowed and the building is currently uninhabitable due to its condition. The house was built in 1919, he said, and the damage to the structure includes a missing attic window, entry door and exterior weather barrier damaged, dining and bedroom ceilings removed, kitchen flooring removed, unpermitted electrical work, multiple areas of exposed wiring and open junction boxes, holes and peeling paint on interior walls and large cracks in the exposed areas of the foundation. He said there is also a lot of exterior junk and damage to the north entry of the house due to a SWAT forced entry. The timeline of events began in August 2023, he stated, and after the property owner was notified of a possible dangerous building action, no progress was made. He said the property is considered a dangerous building; however, it is not in a state that would facilitate demolition. Inspections has tried to work with the owner to have it repaired, he said, and after the first notice was issued, the owner did not make any of the needed repairs. In early 2024, he said, the property was listed for sale and an unsafe structure notice was recorded to the deed. No sale has been recorded, he said, and the water and electricity have been turned off. The property is in foreclosure; however, the City would like to allow additional time to repair the structure and keep it in the housing stock of the City.
Tyler Wirick, representing the lender US Bank (via teleconference), said the house is in foreclosure and is about two months out before there is a foreclosure sale. He said as soon as he knows whether this goes to a lender-own status or whether to a third party that can be figured out once the foreclosure is done.
In response to a question from Commissioner Preston asking what was the date of the foreclosure, Mr. Ouradnik said in about 60 days and the lender or a third party should be able to take possession of the property by September 23rd, which is 91 days from now.
In response to a question from Commissioner Preston asking since said the building does not have many structural issues and is salvageable is December 20th enough time for someone to try to salvage it, Mr. Ouradnik said he is just looking for a timeline for someone to act, timelines can be adjusted and he can come back to the City Commission to ask for extensions if necessary.
Commissioner Piepkorn said the City has a lot of programs to help fix up homes and once this foreclosure is resolved, he hopes new owners will be made aware of the programs.
Commissioner Strand moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and order it repaired with permits to be obtained no later than September 23, 2024 with a project completion date no later than December 20, 2024.

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

Parcels of Land in Selkirk Place Second Addition Rezoned (6655 Selkirk Drive South):
At a Hearing held on June 4, 2024 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural and GC, General Commercial to MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay, SR-4, Single-Dwelling Residential and SR-5, 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.
Current Planning Coordinator Donald Kress said this undeveloped agricultural land is being rezoned for residential developments. He said it is near where Fire Station No. 8 is being constructed and the developer is proposing 48 lots for single family homes as well as larger lots for townhomes and multi-family buildings.
In response to a question from Commissioner Strand asking about concerns from a neighbor about walkability and losing the ability to have a grocery store in the area, John Youness, EagleRidge Development, said the area will still be zoned General Commercial and there are plans for commercial property along the interstate and down to 76th Avenue South, so as the area develops and traffic allows for it, there are locations that would fit grocery stores and other commercial businesses.
Commissioner Preston 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 Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Kolpack, 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 in Selkirk Place Second Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston 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 in Selkirk Place Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Selkirk Place Second Addition:
Commissioner Preston 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 “Selkirk Place Second Addition” containing 48 Lots, 3 Blocks and 19.31 acres of land more or less, located at 6655 Selkirk Drive South; and
WHEREAS, A Hearing was held June 4, 2024 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 June 12 and 19, 2024 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., June 24, 2024 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 “Selkirk Place 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.

Parcels of Land in Rocking Horse Farm Seventh Addition Rezoned (5155 59th Street South):
At a Hearing held on May 7, 2024 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to LC, Limited Commercial with a C-O, Conditional 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.
Current Planning Coordinator Donald Kress said this zoning will divide the plat into two lots for commercial development.
Commissioner Preston 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Piepkorn, Kolpack, 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 in Rocking Horse Farm Seventh Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston 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 in Rocking Horse Farm Seventh Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Rocking Horse Farm Seventh Addition:
Commissioner Preston 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 “Rocking Horse Farm Seventh Addition” containing 2 Lots, 1 Block and 2.73 acres of land more or less, located at 5155 59th Street South; and
WHEREAS, A Hearing was held May 7, 2024 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 June 12 and 19, 2024 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., June 24, 2024 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 “Rocking Horse Farm Seventh 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.

Parcels of Land in Chas A. Roberts Addition Rezoned (901 9th Street South):
At a Hearing held on June 4, 2024 the Fargo Planning Commission recommended approval of a change in zoning to repeal a C-O, Conditional 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.
Current Planning Coordinator Donald Kress said the property was previously a church and a Conditional Overlay was added later to allow the current owner to use the building as a photography studio. He said the current owner no longer uses it as a photography studio and has requested the C-O be removed. The standard Neighborhood Commercial zoning requirements are sufficient, he said, and the Historical Overlay District also remains in place.
In response to a question from Commissioner Strand asking what prohibits someone from buying this building, tearing it down and using the lot for parking, Mr. Kress said commercial parking is not allowed in an area zoned for Neighborhood Commercial.
Commissioner Preston 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 and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

First Reading of an Ordinance Rezoning Certain Parcels of Land in Chas A. Roberts Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston 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 in Chas A. Roberts Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Appeal of the Board of Adjustment’s Denial of a Request for a Variance at 97 23rd Avenue North: Variance Granted:
A Hearing had been set for this day and hour on the appeal of a May 28, 2024 ruling of the Board of Adjustment denying the request from Julie Saatoff for a variance for an overhead structure to encroach in the required setback at 97 23rd Avenue North.
Long Range Planning Coordinator Kim Citrowske said the applicant proposes to construct an overhead structure such as a pergola or gazebo on the subject property within the SR-2 (Single-Dwelling Residential) zoning district and the Land Development Code outlines the front setback in that zoning district as 30 feet. The applicant is requesting a variance in order to allow an overhead structure to provide permanent shade over an existing deck, she said; however, setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located. Setbacks must be unobstructed from the ground to the sky, she said, and uncovered porches, uncovered steps to building entrances, uncovered patio decks and uncovered balconies may extend up to 10 feet into any required front, rear or street side setback and up to 3 feet in any required interior side setback; however, the applicant’s proposed overhead structure encroaches into the required front setback. She said staff is recommending the Board of Adjustment’s denial be upheld and the variance be denied.
Julie Saatoff, 97 23rd Avenue North, said she has a deck on the front of her house that faces south and she is not able to use it due to temperatures that can reach well over 100 degrees. Her daughter has terminal cancer and is in the end stages of her life, she stated, and her daughter wants to be able to spend that time at home and be outdoors. She said due to her own service-related Post-Traumatic Stress Disorder, she spends a great deal of time in her home and yard. She has tried to use tents, canopies and umbrellas to provide needed shade, she said; however, due to high winds, it is impossible to keep anything in place. She said her daughter is in a wheelchair and the only way in and out of the house for her is through the front door. She said having a covered pergola would ensure an enhanced sense of security and privacy for herself and her daughter. There have been questions asking if the pergola could go in the back yard, she said; however, the way her house is built, the front door comes out to the south, the back door goes into the garage, down steps and then out a side door so a ramp is not feasible to the back yard.
In response to a question from Commissioner Preston asking if there were any objections from neighbors, Ms. Citrowske said the only inquiry was from one neighbor who was curious about the project.
In response to a question from Commissioner Preston asking if granting this variance would set a precedence, Ms. Citrowske said it would always be a case by case basis and granting a variance does not change policy.
In response to a question from Commissioner Strand asking if there are any Americans with Disabilities Act (ADA) considerations for this request, Inspections Director Shawn Ouradnik said ADA laws only apply for going into and out of a building, such as ramps. There are no ADA requirements for covered structures, especially in a private home.
Ms. Citrowske said the initial application was to extend the roof of her house and mid-process, she decided to go with a gazebo or pergola. She said it is a variance for an overhead structure; however, both of those different examples are what has been considered through the process and both of those are considered a covered structure.
Mr. Ouradnik said building codes dictate how much of a house’s lot can be covered. He also said from an Inspections standpoint, it is fire safety. He said front setbacks are in place to allow the Fire Department room to work.
In response to a question from Mayor Mahoney asking about any concerns from the Fire Department, Division Chief Tim Binfet said it is a fire safety issue and the exposure between structures on the front yard can be an issue.
Planning Director Nicole Crutchfield said the criteria is in the Land Development Code. She said this decision can be overturned, that is the City Commission’s prerogative; however, these are the legal criteria used to standardize setbacks.
Commissioner Piepkorn said there are a lot of special extenuating circumstances here and he does not think the City Commission needs to fear approving this variance and thinking it will extend to everyone on the block. Commissioner Piepkorn moved the variance be granted.

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

Flood Project Update: City of Fargo Resolution of Necessity for 1502 and 1514 South River Road South Adopted:
Assistant City Engineer Nathan Boerboom said City staff continues to develop and implement the remaining in-town flood risk management projects necessary for the overall operation of the Fargo-Moorhead Metro Flood Risk Management Project (FM Diversion). He gave an overview of projects completed since 2009 and showed photos of ongoing construction projects, including those in the Woodcrest area and on South University Drive. He provided a list of completed storm sewer lift stations as well as those currently under construction and those remaining to be built by the end of 2027. He discussed the Belmont Flood Risk Management Project and stated Phases 1 and 2 of the project have been completed and in order to complete the final Phase 3, a Resolution of Necessity is required for two remaining properties at 1502 and 1514 South River Road South. He said the Belmont project has been in development since 2015 and has been discussed at several past City Commission meetings, beginning in November 2016 when the recommended alignment was approved. Since then, he said, four properties have been acquired and on October 22, 2022, another action approved the alignment of a floodwall on the street side of the structure at 1458 South River Road South. He said negotiations have been ongoing with property owners on South River Road South since the alignment approval in 2016; however, the City has yet to acquire these properties. To ensure project completion before the FM Diversion becomes operational in the spring of 2027, he said, the City may need to commence appropriate legal action to acquire these properties. He said to initiate the necessary legal action, staff requests the City Commission approve a Resolution of Necessity for these two properties. He said staff will continue to negotiate with all these property owners as well as the owners of 635 Harwood Drive South, where the City Commission approved a Resolution of Necessity in 2017. Negotiations with the property owners have been ongoing in the hopes of reaching a price agreement; however, to date, staff has been unsuccessful. Therefore, in the event negotiations are not successful, the City would start the necessary legal actions as outlined in the previously approved 2017 Resolution of Necessity.
In response to a question from Commissioner Preston asking if this is the beginning of the eminent domain process, Mr. Boerboom said it is and it allows the City to proceed with that if necessary; however, the City fully intends to keep negotiating with the property owners in order to avoid legal action.
In response to a question from Commissioner Preston asking what the legal process would be, City Attorney Nancy Morris said negotiations will continue, offers will be extended and additional appraisals may need to be secured; however, if an impasse is reached, the next step is legal action to secure the property.
Mayor Mahoney said eminent domain may have to happen due to the fact that it is critical for the Water Treatment Plant and if breached, it would destroy the water for the whole city.
Mr. Boerboom said due to the timelines of court proceedings and with the Diversion project construction schedule, in order for the City to make sure the necessary flood protection in this neighborhood is completed at the same time the Diversion is operational in the spring of 2027, these homes need to be acquired soon.
Commissioner Piepkorn said negotiations have been ongoing with some of the property owners for more than 16 years. At some point, the City has to say enough is enough, he said, and it is time to close the deal. He said the City does not want to use eminent domain; however, this is for the good of that neighborhood and the City.
Commissioner Piepkorn moved the Resolution titled “City of Fargo Resolution of Necessity,” and referred to as “Attachment B,” be adopted and attached hereto.

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

Transit Reorganization Study Approved: Steps to Address Employment Matters and Interim Joint Powers Agreement Development Approved:
Transit Director Julie Bommelman said Transit recently undertook a Transit Reorganization Study that provides short and long-range roadmaps for the implementation of a reorganization while providing solutions to streamline leadership and governance of Transit services. She said the Study Committee consisted of technical representatives, City leadership and elected officials from Fargo and Moorhead along with state and federal partners. The study identifies the proposed governance recommendation, the recommended organizational structure/staffing plan, Federal Transit Administration (FTA) funding, FTA reporting requirements, proposed cost sharing concepts and the need for an updated Joint Powers Agreement (JPA), she said. The governance recommendation ensures implementation towards more consolidated Transit operations for the Fargo-Moorhead metro area, she stated, and the direction is to move to a more administrative/technical board by the end of this summer that retains the appropriate measure of visibility to the Fargo City Commission and the Moorhead City Council. The proposed approach allows the new MAT Board to function as a day-to-day oversight entity with a mix of technical, administrative, financial and political membership, she said, and administrative leadership from Dilworth and West Fargo will serve as voting members on the new MAT Board and would serve as liaisons back to their respective governing bodies. Given NDSU's sizable financial stake in MATBUS, she said, they will continue to have a vote on the Board. As for organizational structure/staffing, she said, the plan reflects an agreement of an organizational chart that was developed to account for a more streamlined staffing plan. She said the proposed structure retains a single Transit Director and keeps the two existing assistant directors who would be assigned to two functional units of MATBUS: Fleet, and Facilities and Operations. The new organizational chart accounts for the retirement of the Moorhead Transit Manager, she said, with those responsibilities distributed across existing and proposed new staffing positions, including one new senior accountant. She said that position would be a City of Fargo employee, hired in the fall of 2024, tasked with all Transit federal and state grants and whose costs are shared across all participating entities beginning in 2025. Also identified is the plan to offer the two remaining City of Moorhead Transit employees the opportunity to become City of Fargo employees by the end of 2024, she said. The plan also accounts for the desire to consider bringing in house contracted drivers to the City of Fargo in 2026, she said. Federal Transit Administration Funds provided to the City of Fargo and the City of Moorhead will be impacted due to the FM Metropolitan Area being a newly designated Transportation Management Area, she said, and the decision was made to identify the City of Fargo as the designated recipient for all FTA programs starting later in 2024. The governors of both North Dakota and Minnesota have consented to this transition, she said, which serves to reduce the number of FTA grantees and over time create a more streamlined process for the distribution of those funds to the FM metro area. She said still to be finalized is how long the City of Moorhead will continue to maintain grantee status with FTA. Creativity and cooperation will be critical to maintaining service levels to the riding public, she stated, and both cities need to work together and in cooperation with the NDDOT, MnDOT and Fargo-Moorhead Metropolitan Council of Governments to utilize the flexibility available through a series of funding programs to support public transit services in the FM metro. A new proposed structure was developed to split Transit costs and revenue between benefiting parties with the MATBUS service area, she said, and the approach to sharing system costs and revenues was revamped to accurately ensure an equal allocation across all benefit entities. She said cost sharing principles discussed between Fargo and Moorhead boiled down to the development of a new methodology that splits costs either based on ridership, revenue miles or revenue hours. Each of these three metrics are considered relevant to sharing costs for various elements of the MATBUS system, she stated, and this proposed framework will be implemented initially with the 2025 budget cycles. She said it is anticipated these new systems will course correct overtime and a key next step in the implementation of many of the recommendations and considerations discussed in the study is the development of local agreements, initially in the form of an interim JPA to incorporate the changes to get to the end of 2024. She said by that time, it is critical to develop a Memorandum of Understanding between the City of Fargo and City of Moorhead to become effective January 1, 2025. The Transit Reorganization Study will result in organizational changes primarily impacting the organization in 2025, she said, and lays the groundwork for continued discussion, strategizing and coordination between local jurisdictions and state and federal partners.
Commissioner Strand said there are many Transit needs now as well as staffing shortages and route serviceability challenges. He said there are also issues with expansions and how to accommodate workers getting to the Amazon distribution center and the Industrial Park. There are issues with workforce and access to jobs and this is a pressing issue, he said. He does not want to see the City get caught in a situation where it is unable to serve and envision a better future, he said, and this needs other leadership stepping up and other funding coming in to meet what is coming on the horizon.
In response to a question from Mayor Mahoney asking if Dilworth and West Fargo contribute funds, Ms. Bommelman said Fargo is a contract service provider for West Fargo; therefore, West Fargo as well as NDSU are contributing. She said Dilworth’s contribution is included with Moorhead’s and funds are also received from the North Dakota Department of Transportation, Minnesota Department of Transportation and Federal partners.
Commissioner Strand said this could end up costing riders more money and he envisions providing free Transit so more people would ride public transportation; however, that is where the City has to be careful so this does not end up on on the shoulders of those who are serviced.
Ms. Bommelman said part of the JPA is to look at services and dig deep on everything, including funding.
Commissioner Strand moved the MATBUS Reorganization Study be approved and to direct Transit to take the necessary steps to address employment matters and interim JPA development for further consideration.

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

Items from the FAHR Staff Meeting Approved:
Finance Director Susan Thompson said FAHR did not meet on June 17th; however, included in the list of items are the May 2024 General Fund financial report and two routine grant requests.
a. Receive and File General Fund – YTD May 2024 Budget to Actual.
b. Increase the grant award to Southeast Human Service Center Contract from $16,635.00 to $18,463.00.
c. Authorize application for the EECGB grant for funding to support sustainability in City operations.
Commissioner Piepkorn moved that the items be approved as presented.

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

Presentation on Homeless Camps:
Assistant City Administrator Brenda Derrig said there is no Ordinance that either allows or prohibits camping on public property, the City does not have enough available housing to place all these people and many have no other options. The City could implement three strategies, she said, and the first is to pass an Ordinance that prohibits camping on public lands. Currently, the only tool the City has to manage these encampments is to charge the people with trespassing, she said. With an Ordinance, the City would have the ability to issue a fine, which is a civil penalty, instead of a criminal penalty, she said. The City could also create a resolution to allow encampments only in specific areas, she said, and if the City creates specific camping locations for them, the Downtown Engagement Center (DEC) can easily find those who need services. The City could also pass rules for the encampments, including requiring a permit or time restrictions so people have to pack up all their belongings each day and are only allowed to camp there at night, she said. Outreach to the homeless camps has been ongoing since 2016, she said, and a specific outreach position was created recently, which has evolved to include mobile outreach and the homeless engagement assistance and response team, the neighborhood outreach team Downtown in addition to community-based organizations having their own outreach positions. She said Harm Reduction staff have started a map to track the camps and to maintain awareness of where they are located and who is occupying them. She said there is now an option on FargoOne where residents can report a homeless camp or an individual sleeping out-side. She said of note is the Johnson vs. Grants Pass court case that has been heard by the Supreme Court. She said Grants Pass barred anyone through Ordinance from sleeping in public spaces including parks, sidewalks and cars or using sleeping materials for the purpose of maintaining a temporary place to live under the threat of criminal and civil penalty in the City code. There has been an injunction that the Ordinance violated the cruel and unusual punishment clause due to the fact that the Grants Pass residents had no other option for shelter, she said, and a decision should soon be provided. She said if the decision is overturned, it allows cities to ban public camping. The other option is to consider camping along the river, she said, where DEC services would be accessible.
Community Liaison Chandler Esslinger said if someone is not currently engaged in DEC services or with the outreach team, the team would work with them to build relationships to encourage that relationship; however, if they continued to not engage in DEC services or were in an unacceptable camping location and refused to move or were not able to move into appropriate shelter housing, staff would begin a camp removal process. She said if camping is not allowed or if the City wants to manage camping, the only option is to trespass someone from public property and if there is an Ordinance that does not allow camping on public property, that takes the trespass part out and it would be turned into a fine. The other option would be a resolution that would allow camping with parameters, such as required locations, rules and expectations. She said some cities have required a permit and a time requirement. There are different requirements that could go with the resolution, she said, which would be around while the Housing First policy is in process.
Ms. Derrig said some camping expectations could include camps being limited to a geographic location, distance between camps to ensure safety, no multiple tents in one area, standards for cleanliness, supplies to maintain cleanliness, a commitment to safety and non-violence and the expectation to engage with the outreach team and DEC programming. This approach aligns with the United States Interagency Council on Homelessness’ best practices for addressing encampments, she said. The outreach team is also working on a protocol that would be appropriate and multiple departments within the City have been engaged in this process as well as community-based organizations to identify what an appropriate response would look like, she stated. The outreach team has met with people living in camps and there is a consensus that they would be willing to engage with the outreach team at the DEC in maintaining camp compliance and they have been able to address some of those basic needs, she said. If the City were able to move people into permanent housing and work with them to pack up their camps and move into that location, she said, the next step is identifying pathways to permanent housing. The goal is to have no camps along the river and everyone would have access to shelter or housing resources, she said. Housing First is an approach that offers access to permanent housing as quickly as possible for individuals experiencing homelessness and it provides support services and connections to community-based resources to maintain housing stability and prevent a return to homelessness. She said that is what is unique about this approach compared to traditional models in that these teams work continuously to keep people in their homes so that a return to homelessness does not occur. She said a Fargo Streets to Housed pilot project would be 10 scattered site master lease units throughout Fargo, and would require partnerships with one or more property managers to identify those 10 units that would be used to move people who are currently camping outside directly into permanent housing and ending their homelessness. This project would also need to include a case manager to oversee the movement into permanent housing, she said, and the provision of those support services and the connection to those community-based resources. The movement of 10 individuals into permanent housing would reduce the unsheltered homeless population along the river by an estimated 50%, she said.
In response to a question from Commissioner Preston asking if there is enough staff resources to connect with people in the encampments, Ms. Esslinger said there is ongoing outreach due to the fact that is the role of Harm Reduction. She said this is an opportunity to marry the public's concerns around camps as well as the health and well-being of people living along the river and ensuring the City is meeting their needs as much as possible while seeking pathways to permanent housing.
Commissioner Strand said he hopes there is some cross-jurisdictional partnering with Minnesota and he bristles at the thought of an Ordinance making homelessness illegal. He says with the Ordinance, resolution and possible housing project, he asks that Harm Reduction and outreach teams use their best judgment.
Commissioner Kolpack said these are complex problems that many cities are facing. She said there are limited resources to address these issues and the City has to work with community partners and engage them in the right way. She said she is very interested in the master leasing strategy and working with legislators to find possible funding sources.
Commissioner Dave Piepkorn said this is a huge issue and if the City allows people experiencing homelessness to camp along the river, then every citizen should be able camp along the river. He said he also has concerns about flooding and sanitation.
Mayor Mahoney said this should not be put on the back burner and everyone should continue to address it over the summer.
Commissioner Preston moved to direct staff to pursue an Ordinance not allowing camping on public lands except by resolution, to pursue a draft resolution and policy allowing camping in a certain area with certain requirements in accordance with a Housing First Philosophy and to pursue a draft of the Fargo Streets to Housed Pilot Project.

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

Liaison Commissioner Assignment Updates:
The Commissioners gave reports on the Boards and Committees on which they serve.

Resident Comments:
Prairie Johnson and Andrew Nelson spoke.

Additional Items Added to the Consent Agenda:
a. Renewal of Alcoholic Beverage and Live Entertainment Licenses until 6/30/25.
b. Gaming Site Authorization for ND Horse Park Foundation at Fargo Horse Park.
Commissioner Piepkorn moved the items be approved.

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

The time at adjournment was 7:41 o’clock p.m.