Board of City Commissioners - August 26, 2019 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, August 26, 2019.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Registration for the Library’s Fall Storytime series is open; fall/winter hours at the Library start September 8th; the Library’s annual Summer Reading Program ended August 10th; the apartment vacancy rate in the metro declined below 8 percent for the first time in three years; several members of the Police Department (PD) attended the ND Peace Officers Association conference in Grand Forks; PD has made changes to its retail theft and shoplifting policies; narcotics and intelligence detectives from West Fargo, Cass County and the BCI will move into the PD building to team with Fargo’s narcotics and intel units to allow for better teamwork and larger investigations; so far this year the Division of Solid Waste has collected 2,850 tons of yard waste and 5,676 tons of wood waste; representatives from Region VIII Housing and Urban Development visited Fargo to highlight renovations to New Horizons and the former Community Homes complex; staff members from the City of Grand Forks recently toured the new City Hall and RoCo Garage as inspiration for plans for their City Hall and downtown; and videos from the PD were shown highlighting three new officers.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved, moving Item No. “6” from the Consent Agenda to the Regular Agenda.

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

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on August 12, 2019 be approved as read.

Second by Gehrig. 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. Receive and file an Ordinance Amending Section 25-1506 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages.

2. 1st reading of the following Ordinances:
a. Amending Section 1-0305(A) of Article 1-03 of Chapter 2 of the Fargo Municipal Code Relating to Ordinance Violations.
b. Amending Ordinance No. 5140, which Rezoned Certain Parcels of Land Lying in Diamond Willow Addition, A Replat of Portions of Douglas Addition, Fargo, Cass County, North Dakota.

3. 2nd reading and final adoption of the following Ordinances; 1st reading, 8/12/19:
a. Rezoning Certain Parcels of Land Lying in 42nd Street Addition to the City of Fargo, Cass County, North Dakota.
b. Amending Sections 10-1201, 10-1202 and 10-1204 of Article 10-12 of Chapter 10 Relating to Marijuana and Marijuana Paraphernalia.
c. Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.

4. Amendment to Lease Agreement with FM Metropolitan Council of Governments.

5. Parking Lease Agreement with 5th Floor Apartments LLC.

6. Applications for property tax exemptions (moved to the Regular Agenda):
a. James C. and Kathy S. Rugroden, 1809 13th Avenue South (5 year).
b. John and Susan Deutsch, 220 8th Street South, Unit C1 (3 year).
c. Susan Viola Hunley, 1208 2nd Avenue South (5 year).
d. Laura A. Hahn, 1122 9th Avenue South (5 year).

7. Release of Agreement regarding Special Assessments for Lot 1, Block 12, The Pines at The District.

8. Annual Renewal and extension of the Class “FA” Alcoholic Beverage License until 2/29/20 for Grazies.

9. Site Authorization of Fargo Metro Baseball Association at the African International Restaurant and Night Club.

10. Applications for Games of Chance:
a. Fargo South High School for a calendar raffle from 9/3/19 to 2/25/20.
b. Nativity Church Fargo for bingo and a raffle on 11/3/19.
c. Pink It Forward for a raffle on 9/14/19.
d. North Dakota Long Term Care Association for a raffle on 9/19/19.
e. Unseen for a raffle on 9/19/19; Public Spirited Resolution.

11. Resolution adopting the Cass County Multi-Hazard Mitigation Plan (Attachment “A”).

12. Change Order No. 9 for an increase of $13,532.20 for Project No. FM-15-K1.

13. Easement (Storm Sewer and Outfall) with Heiser and Miller, LLC.

14. Increase to the 2019 Fire Permit Fee Schedule beginning 1/1/20, as presented.

15. First Amendment to Agreement for the Provision of Professional Services (Occupational Medicine and Medical Director Services) with Essentia Health West.

16. Amendments to 2019 Action Plan Community Development Block Grant (CDBG) and HOME Investment Partnerships Programs.

17. Agreement with Lisa Wise Consulting, Inc. for Professional Consulting Services for Land Development Code Diagnostic.

18. Resolution approving Plat of St. Paul’s Newman Center Addition (Attachment “B”).

19. Change Orders for the Fargo Police Department Headquarters Project:
a. No. 2 for an increase of $16,776.00 for general contract.
b. No. 2 for an increase of $1,477.00 for mechanical contract.
c. No. 2 for an increase of $38,169.44 for electrical contract.

20. Bid award to KLJ, AE2S and Houston Engineering for General Consulting and Engineering Services (RFP19127).

21. Amendment to the Joint Powers Agreement for Transit Support with NDSU.

22. Reject bid for the GTC Jefferson Lines Ticketing and Storage Counter and rebid the project under the main GTC Renovation Project.

23. Change Orders for Project No. SW 16-03 Phase II:
a. No. 11 for an increase of $12,522.00 for the mechanical contract.
b. No. 7 for an increase of $3,339.91 for the electrical contract.

24. Task Order No. 8 with Apex Engineering in the amount of $245,550.00 for design and bidding of a new Downtown water tower.

25. Task Order No. 27 with AE2S in the amount of $208,400.00 for Project No. WA1860.

26. Sole Source Procurement with Metrohm Process Analytics for a process analyzer in the estimated amount of $77,817.00 (SSP19137).

27. Title VI and Non-Discrimination Policy Statement (City of Fargo Transit Department).

28. Transit Capital Project – Fiscal Year 2019 Urban Roads Program Memorandum of Understanding with the NDDOT.

29. Request to submit an RFP for tire purchase and services.

30. NDDOT Section 5310 and 5339 Transit Grant Agreements.

31. Bills in the amount of $14,685,525.17.

Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Grindberg, Strand 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. BN-18-F2 Approved:
Commissioner Piepkorn moved Change Order No. 2 for an increase of $3,301.98 and a time extension to September 12, 2019 for Improvement District No. BN-18-F2 be approved.

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

Change Order No. 3 for Improvement District No. BR-18-A1 Approved:
Commissioner Piepkorn moved Change Order No. 3 for an increase of $10,590.60 for Improvement District No. BR-18-A1 be approved.

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

Change Order No. 4 and Time Extension for Improvement District No. NR-18-A1 Approved:
Commissioner Piepkorn moved Change Order No. 4 for an increase of $9,097.43 and a time extension to September 30, 2019 for Improvement District No. NR-18-A1 be approved.

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

Change Order No. 7 and Time Extension for Improvement District No. BN-17-A1 Approved:
Commissioner Piepkorn moved Change Order No. 7 for an increase of $25,189.85 and a three-day time extension for Improvement District No. BN-17-A1 be approved.

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

Task Order No. 2 for Improvement District No. BR-20-C0 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating they have an agreed upon scope and a not-to-exceed fee amount of $235,200.00 from Apex Engineering for Improvement District No. BR-20-C0. They said Apex Engineering will provide project administration, preliminary topographic survey, preliminary and final design and plan preparation, design support during construction and aid in property owner meetings. The fee represents about 9.7 percent of the preliminary estimated cost of construction, they said.
Commissioner Piepkorn moved Task Order No. 2 with Apex Engineering in the not-to-exceed amount of $235,200.00 for Improvement District No. BR-20-C0 be approved.

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

Change Order No. 5 for Improvement District No. NR-17-B1 Approved:
Commissioner Piepkorn moved Change Order No. 5 for an increase of $42,554.50 for Improvement District No. NR-17-B1 be approved.

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

Contract for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-19-A1 Approved:
Commissioner Piepkorn moved the Contract between the City of Fargo and Northern Plains Contracting, Inc. for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-19-A1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-19-A1 Approved:
Commissioner Piepkorn moved the following described Contract Bond be approved as to sufficiency:
The Guarantee Company of North America USA, in the amount of $402,709.00, for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-19-A1 in the City of Fargo, North Dakota.

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

Construction Projects Update:
City Engineer Brenda Derrig stated there was one recent injury incident with a construction laborer; however, that person received medical treatment and returned to work on the project. She said current construction projects are progressing well and should be completed on time or ahead of schedule. The small cell deployment has started along 42nd and 45th Streets from Main Avenue to I-94, she said, and three emergency storm sewer sinkholes needed repairing. She also shared drone footage of the construction progress on 52nd Avenue South and Main Avenue.

Hearing on Special Assessments for Unpaid Utility Bills on Certain Properties in the City of Fargo:
A Hearing had been set for this day and hour on special assessments for unpaid utility bills on the list of properties on file in the City Auditor’s Office.
No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.

City Auditor Steve Sprague said this is the first time the City has special assessed for unpaid utility bills. He said after doing some research, there is precedent in State law that allows a City do to this for bills in excess of $300.00 and over a certain period of time. The City had more than $30,000.00 in unpaid utility bills on the books, he said. Letters were mailed to those who owed money and the letter stated that if the bill was not paid it would be assessed to the property. Since the letters were mailed, he said, almost $20,000.00 of the unpaid amount has been paid.

In response to a question from Commissioner Strand asking if there is a payment plan for those unable to pay the full amount, Mr. Sprague said the amount owed could be divided into 12 equal monthly payments with zero percent interest.

Commissioner Strand said this item surprised him and he saw this as nickel and diming people and he asked if the City is taking hardships into consideration.

Mr. Sprague said the bills are for people who moved in and received all of the City services; however, they have chosen not to pay. He said past due notices and letters are sent out before the accounts are turned over to collections. If after all of these attempts there is still no response, he said, that is when the bills are added to the property taxes. He said if there is a hardship, his department works with the person to help them get current.

In response to a question from Mayor Mahoney asking if there is assistance for people who cannot pay, Mr. Sprague said there are agencies that offer assistance to those who qualify.

In response to a question from Commissioner Strand asking if unpaid utility bills stay on a person’s credit report, Mr. Sprague said he assumes that would be part of a person’s credit history. He said the City provided the services and everyone else who is paying their bills is actually paying for those who do not.
Commissioner Piepkorn moved the special assessments list of unpaid utility bills be approved.

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

Application to Transfer the Alcoholic Beverage License from ERJ Dining IV, LLC d/b/a Chili’s to Brinker Restaurant Corporation d/b/a Chili’s Grill & Bar Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "FA" Alcoholic Beverage License from ERJ Dining IV, LLC d/b/a Chili’s to Brinker Restaurant Corporation d/b/a Chili’s Grill & Bar at 3902 13th Avenue South notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

City Auditor Steve Sprague said Brinker Restaurant Corporation already owns and operates about 1,600 Chili’s restaurants worldwide and is purchasing the controlling interest in the 114 Chili’s restaurants owned by ERJ Dining.
Commissioner Piepkorn moved the application be approved.

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

Application to Transfer the Alcoholic Beverage License from FSB Associates LLC d/b/a Cowboy Jacks to L&D Hospitality d/b/a Cowboy Jacks Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "A" Alcoholic Beverage License from FSB Associates LLC d/b/a Cowboy Jacks to L&D Hospitality d/b/a Cowboy Jacks at 506 Broadway notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

City Auditor Steve Sprague said this application is for a change in the corporate name only and that there has been no change in ownership or location.
Commissioner Piepkorn moved the application be approved.

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

Hearing on an Application for a Class “A-Club” Alcoholic Beverage License for the Downtown Community Partnership d/b/a Downtown Community Partnership at 207 4th Street North, Suite B Withdrawn:
A Hearing had been set for this day and hour on an application for a Class “A-Club” Alcoholic Beverage License for the Downtown Community Partnership d/b/a Downtown Community Partnership at 207 4th Street North, Suite B; however, the application was withdrawn by the applicant.

City Auditor Steve Sprague said the DCP was seeking a liquor license in order to qualify to submit a proposal to the Fargo Park District to manage and operate alcohol sales at the Block 9 Plaza. He said the license would have been used for events only and not as a standalone bar. Later discussions revealed the Block 9 Plaza would not have a permanent structure for alcohol service, he said, and since liquor licenses are issued to a person and a place, there needs to be a permanent structure located at the Plaza in order to have a liquor license. It has since been decided that the best way for the DCP to provide alcohol for events at the Plaza is to utilize the Class “E” (events) permit, he said. Should the Park District choose the DCP as its alcohol vendor, the DCP would facilitate the “E” permit with licensees and where appropriate, he said, and use a “DCP-E” permit to allow alcohol consumption in the public right-of-way. He said there needs to be some amendments to the “DCP-E” permit to facilitate this and staff is currently reviewing the ordinance to make that determination.
Commissioner Strand moved to withdraw the application.

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

Renaissance Zone Project for Great Plains 1001 Holdings, LLC Approved:
A Hearing had been set for July 15, 2019 to receive comments on a Renaissance Zone Project for Great Plains 1001 Holdings, LLC for a new construction project located at 1001 and 1011 Northern Pacific Avenue North; 28 10th Street North; 1016 1st Avenue North and 11 11th Street North.
At the July 15, 2019 Regular Meeting, the Hearing was continued to July 29, 2019.
At the July 29, 2019 Regular Meeting, the Hearing was continued to August 12, 2019.
At the August 12, 2019 Regular Meeting, the Hearing was continued to this day and hour.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.

Director of Strategic Planning and Research Jim Gilmour said the project application presented by Great Plains 1001 Holdings, LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. What is proposed on the site of the former Nestor and current Park Company buildings, he said, is a two-phase project, which will include 160 apartments, a restaurant and 230 indoor and outdoor parking spots. He said if the Renaissance Zone and PILOT applications for this project are approved, the company would continue to pay the current property taxes on the parcels, which is about $22,000.00 per year. He said with the Renaissance Zone and PILOT incentives, taxes would gradually increase over 10 years and in years six and seven the property taxes would increase to $62,000.00 and would then increase each year for the next eight years, reaching $379,000.00 when the PILOT expires. He said this project has been reviewed by the City’s financial advisors who feel this meets the “but for” tests. With the new state law that requires county and school districts to be notified, he said, the Fargo School District did not object; however, Cass County would only support the first seven years of the exemption. He said in full transparency, investors do not know if this project will proceed, even if the incentives are approved.

Mike Allmendinger, Kilbourne Group, said he wanted to provide some information on all of the projects proposed, which have been through the Tax Exempt Review Committee. He said all of the projects meet the most current InFocus Plan for housing goals Downtown and Kilbourne has followed the procedures that the Tax Exempt Review Committee has put in place and approved. The third party has reviewed the plans, he said, and meeting with banking institutions runs hand-in-hand with the approval from the third party. He said to offer perspective, the Kilbourne Group has worked on more than 24 projects in Downtown Fargo over the past 10 to 15 years and has asked the City for a PILOT on only three of the projects, which were Woodrow Wilson, the Black Building and Block 9. The RoCo project was a Renaissance Zone project and TIF, he stated; however, there are many projects Kilbourne has completed Downtown without any incentive and when Kilbourne does ask it is only because incentive is needed to move forward. He said he upcoming four projects together would generate more than $7 million in property taxes over the next 15 years. He said that is a change from the Tax Exempt Review Committee this year where previously the 100 percent exemption was for 5 or 10 years; however, now the recommendation is to start paying taxes during this period. He said with all of the projects together, Kilbourne is paying $40,000.000 in property taxes combined and in year six will be paying $480,000.00 for all four projects.
Commissioner Strand moved the Renaissance Zone application filed by Great Plains 1001 Holdings, LLC for a new construction project located at 1001 and 1011 Northern Pacific Avenue North; 28 10th Street North; 1016 1st Avenue North and 11 11th Street North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Application Filed by Great Plains 1001 Holdings, LLC for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for July 15, 2019 on an application filed by Great Plains 1001 Holdings, LLC for payment in lieu of property tax exemption for a project at 1001 NP Avenue, 28 10th Street North, 1016 1st Avenue North and 11 11th Street North which the applicant will use in the operation of leasing of residential apartments and commercial space.
At the July 15, 2019 Regular Meeting, the Hearing was continued to July 29, 2019.
At the July 29, 2019 Regular Meeting, the Hearing was continued to this day and hour.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.

Commissioner Gehrig said a long time ago the City Commission said it would not support more incentives for apartments Downtown. He said there is no low-income housing included and Cass County has chosen not to give its full support. The School District is going to forego $3 million and with more schools to be built, property taxes are being increased by the County and the School District due to the fact that they do not have enough money. This is a very large incentive for an apartment building, he said, and that is his major objection.

Commissioner Piepkorn said Commissioner Gehrig stated that the School District was going to forego revenue or income and that is not correct. Kilbourne is going to continue paying the property taxes on these projects at the current rate, he said, due to the new policy. To clarify, he stated, the new policy does continue to support both low-income apartments and apartments within Downtown due to the fact that the InFocus Plan is to have more housing Downtown. He said he supports having low income and many different types of housing and if the City does not support this project, it is going to continue to be a flat parking lot and it is not going to be developed.

In response to a question from Commissioner Piepkorn asking about the numbers again as they relate to the City, County, School District, Park District and anyone else, Mr. Gilmour said no one is going to be losing any revenue and there is no risk to the taxpayer and that point is important. The current property taxes will continue to be paid, he stated, and under the current policy, those taxes now amount to about $22,000.00 a year. About half of that amount goes to the School District, 20 percent each to the City and County and roughly 10 percent to the Park District, and those numbers will increase by year six to about three times that amount or about $62,000.00 a year.

Commissioner Gehrig said the City is forgoing income from the taxpayer. He said when he builds a house, he starts paying taxes or if he builds a business outside of Downtown, he starts paying taxes. He said there is $6 million that the City is not going to be collecting from this business so schools and parks are impacted.

Commissioner Piepkorn said that is an untrue statement due to the fact that nothing will be built if the City does not offer a tax incentive. To say that taxpayers are going to lose something is incorrect; you cannot lose something you are not going to get, he said, and this project also meets the City’s current policy.

Commissioner Grindberg said there have been discussions by the City Commission about whether apartments and housing should get incentives; however, the policy has not changed therefore the applications have been vetted through the Tax Exempt Review Committee and follow the current policy. He said the previous policy was 10 years; however, at a higher percent in years six through 10. With this policy, he said, it is over 10 years and increases; therefore, overall the taxing jurisdictions start to receive more money sooner and over the length of the incentive will receive more money than previously. Just to add reinforcement, he said, he shared a handout from the newspaper in Pelican Rapids, Minnesota, where the headline was “What is a Tax Abatement? It’s Complicated, That’s What;” and the article goes on to say that “by most measures and definitions, tax abatements do not raise current tax rates on other property owners.” Incentives do not affect current property ownners, he said, and he used the example of Block 9 where the City was receiving about $3,000.00 a year on the parking lot where Block 9 is being built. He said that is going to have an immense impact in the City over time when that comes on the tax rolls on an incremental basis. He said someone in South Fargo and his or her home net taxes are not paying for that cost. The City is just forgoing the collection, he said, and perhaps a lesson in basic microeconomics and macroeconomics is needed to understand it. He said the taxable amount would be roughly $1 million a year in property taxes when Block 9 comes online.

Commissioner Strand said he would like to commend the Kilbourne Group for its vision and amazing investments in Fargo’s Downtown. He said the City Commission passed on a four to one motion that a there should be a study done on inclusionary housing and that has not happened. He said about 500 cities require inclusionary housing or an affordable housing component if incentives are given for housing and Fargo has not studied it or ruled it out so as to clearly decide by policy. He said there is an immense need for affordable housing in Fargo and he wants to figure out a way to accomplish that. He said many years ago there was a lot of blight Downtown and an immense shortage of housing. Now there is a glut of housing, he said, and he wants to see a balance so the market is not oversaturated with empty apartments as that will cause other problems. He said he celebrates this project and thanks the Kilbourne Group for bringing these projects to the community and he hopes it can get to the point where inclusionary housing can be studied as a part of PILOTs.

Mayor Mahoney said the InFocus studies reveal that apartments are needed Downtown, at least 400 to 500 a year, and the apartment vacancy rate is now 7.7 percent. He said he met with HUD officials recently and toured the different affordable housing units in Fargo that were recently renovated and he was told that they are having a hard time filling those units. He said the 55 and older affordable housing fills up immediately; however, as people move out of the High Rise there will now be options for them and it appears HUD is helping Fargo make progress in the area of affordable housing. As Downtown gets busier, he said, and more people are working Downtown, they will be looking for housing and studies show there is a need for more apartments Downtown.
Commissioner Piepkorn moved that the application filed by Great Plains 1001 Holdings, LLC for a 10-year payment in lieu of tax exemption pursuant to Chapter 40-57.1, NDCC be approved as follows:

Years 1-2 $56,504.00
Year 3 $96,082.00
Year 4 $135,660.00
Year 5 $175,237.00
Year 6 $214,815.00
Year 7 $254,393.00
Year 8 $293,971.00
Year 9 $333,548.00
Year 10 $373,126.00

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

Application Filed by Great Plains Antique Holdings, LLC for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for July 15, 2019 on an application filed by Great Plains Antique Holdings, LLC for payment in lieu of property tax exemption for a project at 1017 4th Avenue North, which the applicant will use in the operation of leasing residential apartments.
At the July 15, 2019 Regular Meeting, the Hearing was continued to July 29, 2019.
At the July 29, 2019 Regular Meeting, the Hearing was continued to this day and hour.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.

Director of Strategic Planning and Research Jim Gilmour said this project fits with the City’s policy and is another project that Cass County only supported for the first seven years; therefore, as a result, it is unknown whether or not this project will proceed, even if it receives the incentives from the City. He said currently the parcel is an older one-story building on property that is just to the west of the Dakota Boys Ranch store on 10th Street North. The proposed development, he said, would include 68 apartments and 90 parking spaces and is an $11.6 million investment. He said the PILOT incentive follows the City policy and passed the “but for” test. The company is currently paying $10,000.00 a year in property taxes, he said, and will continue to pay that amount for the first 5 years and in years six and seven, he said, would pay $25,000.00 a year in property taxes and then that amount would gradually increase over the next eight years to $144,000.00 a year.

In response to a question from Commissioner Grindberg asking how many of the 28 projects the Kilbourne Group has requested incentives, Mr. Allmendinger said out of the 28 projects, which includes the current projects before the Board, six would have had PILOT applications and two had TIF applications, so a total of eight. He said many of the projects also received Renaissance Zone exemptions.

Commissioner Grindberg said he thinks it is important that the public understand the difference between what Kilbourne has applied for and the reasons why versus the number of investments they have made without incentives.

In response to a question from Commissioner Piepkorn asking if Kilbourne did not get the PILOT on this project, would the project not happen, Mr. Allmendinger said one of the options other than not doing the project would be to scale back with larger setbacks which allows for lower construction costs; however, that does not meet any of the City goals for walkability Downtown. He said Kilbourne could build a smaller project at this location; however, with a larger project the company will start paying property taxes in year six.

Commissioner Piepkorn said most cities in the country would kill to have the Kilbourne Group do even half of these projects in their city and Fargo is very fortunate. He said Kilbourne will not be around forever and the City needs to take advantage of them as long as possible and he hopes that is for a very long time. It all started a long time ago with the Northern School Supply Building, he said, and if other cities in the country could see what is going on in Fargo, they would all be very envious.
Commissioner Grindberg moved that the application filed by Great Plains Antique Holdings, LLC for a 15-year payment in lieu of tax exemption pursuant to Chapter 40-57.1, NDCC be approved as follows:

Years 1-5 $7,316.00
Years 6-7 $22,171.00
Year 8 $37,026.00
Year 9 $51,881.00
Year 10 $66,736.00
Year 11 $81,591.00
Year 12 $96,446.00
Year 13 $111,301.00
Year 14 $126,156.00
Year 15 $141,011.00

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

Renaissance Zone Project for DFI Kesler LLC and DFI BJ LLC Approved:
A Hearing had been set for July 15, 2019 to receive comments on a Renaissance Zone Project for DFI Kesler LLC and DFI BJ LLC for a new construction project located at 617 and 621 1st Avenue North, and 624 2nd Avenue North.
At the July 15, 2019 Regular Meeting, the Hearing was continued to July 29, 2019.
At the July 29, 2019 Regular Meeting, the Hearing was continued to August 12, 2019.
At the August 12, 2019 Regular Meeting, the Hearing was continued to this day and hour.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.

The Board received a communication from Director of Strategic Planning and Research Jim Gilmour stating the Renaissance Zone Project application presented by DFI Kesler LLC and DFI BJ LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. He said this is two applications in one and referred to as Kesler North and Kesler South. He said in 2015, the City approved a Renewal Plan for this area with a goal of creating a mixed-use development to replace what was all surface parking lots. The City owned a portion of the Roberts lot as well as the Kesler North lot. In 2015, he said, the entire property taxes paid in this area was about $5,800.00 due to the fact that the majority of the lots were City-owned and therefore tax exempt. In 2016, he said, the City did a Request for Proposal (RFP) to redevelop the sites to try to get a City-owned parking facility of at least 400 parking spots and a mixed-use development of that site. During this time, he said, the City, having both the Roberts and Kesler North parcels available, entered into an agreement with the Kilbourne Group. From that agreement, he said, Kilbourne built on the Roberts site a 454-car parking garage and wrapped it with commercial development on the main floor and apartments above. Part of the agreement, he said, was that Kilbourne would be limited in its property tax exemptions to only a 5-year Renaissance Zone on the Roberts site as well as the Kesler North site. In 2018, the Roberts building opened and while it was in a Renewal Plan, Kilbourne acquired the Dillard parcel, he said, and has developed it as an apartment building and received the 5-year Renaissance Zone exemption. He said Kilbourne might have been eligible for a PILOT on that project; however, they did not apply for it. The Dillard building will open later this fall, he said, and this is the final piece of a longer-term development. The Kesler South parcel was not in the TIF, he said, and was not subject to the limitation for how much Kilbourne could apply. He said this is an application for a 5-year Renaissance Zone exemption on the Kesler North and South sites and a PILOT that is exclusive to the South site due to the restriction in the Development Agreement. He said as this project unfolds, the City will go from receiving $5,800.00 a year in property taxes to what will now be $11 million in private sector development on the Roberts site with a 5-year incentive, $16 million on the Dillard site with 5-year incentive and a combined $17 million for the Kesler North and South sites for a total of about $44 million in value. As these exemptions expire, he said, the City will receive more than $600,000.00 a year in property taxes for the various taxing jurisdictions. He said the Kesler project would start this fall and is scheduled for completion in 2021. He said Cass County limited the exemption on this project to seven years; however, due to some of the contractual obligations on Kesler North it appears that the amount of incentive from the County is sufficient to move forward.

Mike Allmendinger, Kilbourne Group, said this project would be 95 apartments with retail on the first floor, which follows the Downtown InFocus Plan. He said there would also be some small retail spaces in the alley, similar to the Roberts Alley project.

Commissioner Piepkorn said buildings were torn down on these sites in the 1970s and so far, nothing has been built on those parcels. It has been said that the City does not have to do anything with these parcels because “something” will develop, he said. They have been surface parking for more than 40 years, he said, and there has been the opportunity for a long time to do “something;” however, nothing ever did.

Commissioner Gehrig said building will happen when the market supports it. He said incentives prove that the market cannot support it, and the City is inflating the values Downtown and that is why the City cannot get builders to build a reasonable project due to the fact that the City has inflated the market. He said more and more apartments are going in and it is not sustainable with the current market. If someone wants to build a house or build anything in the City or anywhere else for that matter, that person goes where it is economically feasible. He said that the City is inflating the market and there is a bubble and if the City has longer and longer incentives, when that bubble bursts there will be blight much like 20 years ago. That is the reason he votes against these incentives, he said.

Commissioner Strand says he encourages Renaissance Zone applications and projects with a 5-year pay off. He said Fargo lost many assets in the 1970s and one of the things that the Kilbourne Group does is breathe life into historic buildings.
Commissioner Piepkorn moved the Renaissance Zone application filed by DFI Kesler LLC and DFI BJ LLC for a new construction project located at 617 and 621 1st Avenue North, and 624 2nd Avenue North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Application Filed by DFI Kesler, LLC for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for July 15, 2019 on an application filed by DFI Kesler, LLC for payment in lieu of property tax exemption for a project at 624 2nd Avenue North, 621 1st Avenue North and 617 1st Avenue North, which the applicant will use in the operation of leasing residential apartments and commercial space.
At the July 15, 2019 Regular Meeting, the Hearing was continued to July 29, 2019.
At the July 29, 2019 Regular Meeting, the Hearing was continued to this day and hour.
No written protests have been filed for the attention of the Board.

Director of Strategic Planning and Research Jim Gilmour said this 10-year PILOT goes beyond the 5-year Renaissance Zone and together no taxes will be paid for the first 5 years; however, tax payments of about $130,000.00 a year will be paid on the Kesler North building starting in year six and will go on from there. The project meets the City’s policy and the recommendation of the Tax Exempt Review Committee is to approve it. He said Cass County supported seven years of the PILOT and Renaissance Zone.

Bruce Buchholz, a resident of South Fargo, said that he wished the City would give the normal taxpayer the same benefits given to the Kilbourne Group. He said he would like to know how much tax money is being given away.

Commissioner Piepkorn said the amount of tax money given away is zero.

In response to a question from Mr. Buchholz asking when this tax money actually is paid and is there a benefit to the City as far as lowering citizen’s property taxes, Commissioner Piepkorn said the benefit will be a hundred fold. He said people will be living Downtown and if these people lived in new developments on the edge of town the City would have to add infrastructure, fire halls and police.

In response to a question from Mr. Buchholz asking if the taxpayer actually gets a benefit after 5 years or does that money go back into the general fund and lower taxes, Mr. Gilmour said that after 17 years when the parking ramp is paid for and after the 5-year Renaissance Zone exemption, everyone benefits. He said before the Renaissance Zone, Downtown property value was $200 million and it is now more than $600 million; therefore, Downtown is paying $4 million more in taxes than prior years. He said if that had value had not increased, property taxes would be 4 percent higher than they are today.

In response to a comment from Mr. Buchholz stating that his property taxes keep going up, Mr. Gilmour said without this Downtown development they would have gone up even more.

Mr. Buchholz said everyone he knows says their property taxes keep going up and he does not want to deny what the Kilbourne Group is doing; however, the normal citizen would like to see some direct benefit rather than smoke and mirrors.

Mayor Mahoney said if there is not growth in a community, taxes have to increase. He said tax exemptions on property was valued at $10 million and now that has now gone up to $328 million and those people pay taxes on that amount. He said on a recent TIF that ended, the beginning value of that property was $230,000.00 and now they pay taxes on $2 million of value; therefore that does help the taxpayer. Since Fargo has continued to push development, he said, residents used to pay 52 percent of the tax burden and now pay 48 percent and that amount continues to march down by making commercial property pay more, which benefits the normal guy.

Mr. Buchholz said he wishes he could see that benefit directly and in a shorter period of time, rather than 5, 10 or 15 years. He said he hopes Kilbourne makes a profit; however, he is not reassured that it is really benefitting a normal taxpayer like himself.

Commissioner Gehrig said Mr. Buchholz’ sentiment is what many people are feeling. He said the Board talks about how the 5-year Renaissance Zone has helped Downtown dramatically, which it has. Now the City is offering 20- and 25-year exemptions that are supposed to give the same bump, he said, and that is a bubble. He said the City first gave 5-year exemptions which made growth happen, then it was thought that 10 years must be better, then 15 years, then 25 years, so the City is trying to get the same equivalent of return and is giving away more years so a guy like Mr. Buchholz will never see the benefit of a 25-year incentive and it is not the business’ fault. He said it is the City’s fault for offering it. He said the City has to rear back on these incentives so the people of Fargo feel the benefit of increased values. The City is giving incentives at a very rapid rate, he said, and people are seeing higher property taxes on their home or their small businesses. He said he understands the sentiment and thinks it is arguable that property taxes would be 4 percent higher without the incentives; however, Fargo is seeing larger and larger growth, which costs money with more people Downtown. He said it is not the same price tag as it was for firefighting Downtown, it is much bigger and there are more police officers needed Downtown. He said many more services are going Downtown now than before and snow removal is more expensive; therefore, it is not as though the growth Downtown does not cost anything. The Broadway project cost tens of millions of dollars to expand the pipes from Downtown that have to go up to Broadway to the sewer plant and it is absurd to think this growth costs nothing. He said it does cost taxpayers something and they want to see that benefit if the City is giving away these tax breaks.

Commissioner Strand thanked Mr. Buchholz for his comments and said there are incentives for homeowners; however, the City does not do a good enough job of telling citizens about them and how to qualify. He said as of last year there was $203 million worth of PILOTS on the books and $105 million for new residence tax breaks. He said the Board should listen to the concerns and ask if a two-year tax break for a new residence is equivalent to what is being done for the commercial world. He said the City had another $14 million on the books last year in remodeling tax breaks; however, the City does not adequately tell people what is available for homeowners and also for hardships.

Commissioner Piepkorn moved that the application filed by DFI Kesler, LLC for a 10-year payment in lieu of tax exemption pursuant to Chapter 40-57.1, NDCC be approved as follows:

Years 1-10 $404.00

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

Hearing on Right-of-Way Vacation of the Alley between Lots A, B, C, D, E, F, T and U, the Vacated 10-foot Alley Adjacent to Lots T and U, Hagaman’s Subdivision of Part of Block 2, Roberts Addition Continued to 9/9/19:
A Hearing had been set for July 15, 2019 on an application for the Right-of-Way Vacation of the Alley between Lots A, B, C, D, E, F, T and U, the
Vacated 10-foot Alley Adjacent to Lots T and U, Hagaman’s Subdivision of Part of Block 2, Roberts Addition (624 2nd Avenue North and 613, 617 and 621 1st Avenue North).
At the July 15, 2019 Regular Meeting the Hearing was continued to August 12, 2019.
At the August 12, 2019 Regular Meeting the Hearing was continued to this day and hour; however, the applicant has requested the Hearing be continued to September 9, 2019.
Commissioner Piepkorn moved the hearing be continued to 5:15 o’clock p.m. on Monday, September 9, 2019.

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

Hearing on Right of Way Vacation of a Portion of 5th Street North between Blocks 21 and 22 Keeney and Devitt’s Second Addition and Lying North of 4th Avenue North and South of Lot B, Block 1, Great Northern Depot Addition Continued to 9/9/19:
A Hearing had been set for August 12, 2019 on an application for the Right of Way Vacation of a Portion of 5th Street North between Blocks 21 and 22 Keeney and Devitt’s Second Addition and Lying North of 4th Avenue North and South of Lot B, Block 1, Great Northern Depot Addition (410 5th Street North);.
At the August 12, 2019 Regular Meeting the Hearing was continued to this day and hour; however, the applicant has requested the Hearing be continued to September 9, 2019.
Commissioner Piepkorn moved the hearing be continued to 5:15 o’clock p.m. on Monday, September 9, 2019.

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

Hearing on Alley Vacation of the Alley between Lot 12, Block 26 and a Part of Lot 7 and All of Lots 8-12, Block 25, Roberts Second Addition Continued to 10/21/19:
A Hearing had been set for August 12, 2019 on an application for the Alley Vacation of the alley between Lot 12, Block 26 and a part of Lot 7 and all of
Lots 8-12, Block 25, Roberts Second Addition (1001 NP Avenue North and 28 10th Street North).
At the August 12, 2019 Regular Meeting the Hearing was continued to this day hour; however, the applicant has requested the Hearing be continued to October 21, 2019.
Commissioner Piepkorn moved the hearing be continued to 5:15 o’clock p.m. on Monday, October 21, 2019.

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

Renewal Plan for Tax Increment Financing District No. 2019-02 and Developer Agreement Approved:
A Hearing had been set for this day and hour to review a Renewal Plan for Tax Increment Financing District No. 2019-02, which consists of property northeast of 11th Avenue North and University Drive North and other sites in the Roosevelt Neighborhood.

The Board received a communication from Director of Strategic Planning and Research Jim Gilmour stating the Tax Exempt Review Committee has reviewed the request and financial adviser report and recommends approval of the Renewal Plan and Developer Agreement providing up to $950,000.00 in assistance to the developer, plus administration costs and interest. The Plan and Agreement, he said, also provides about $300,000.00 to the City for future acquisition and demolition of dilapidated houses within the neighborhood and an additional $47,500.00 paid to the City for administrative costs. The estimated term of assistance is 10 years, he stated, and will begin after the completion of the project in 2021. He said there are four different lots in the TIF District; therefore, TIF revenue from Lot 2, which would be developed by Roers, and Lot 3, which would be townhomes developed by Roers, would go in to paying for certain costs that the developer has incurred to develop the site. He said the faith-based student housing, even though it is owned by the church, would pay taxes due to the fact that it is used for housing and not religious purposes. If additional townhomes are developed on Lot 4, he said, that money would not go to the developer. He said the City did receive one comment from Sterling Properties, who has rental units in the Roosevelt area, and they were opposed to apartments receiving incentives at this time, stating that Sterling Properties’ rents have been down 1 percent this past year. He said he wanted to make the Board aware that there are some editorial changes needed in the Development Agreement that the City Attorney will address; therefore, he is asking the Board to approve the form of the Development Agreement and clarification changes that will be made. He added that Cass County did review the Plan and fully supports the 10-year exemption beyond completion of the project and was more favorable for this project than for the Kilbourne projects.

In response to a question from Commissioner Grindberg asking if this is the last decision to move this project forward, Mr. Gilmour said that it is.

Commissioner Piepkorn said he is going to vote to oppose this plan due to the fact that the Tax Exempt Review Committee voted 100 percent in favor of the TIF; however, no one was in favor of the $300,000.00 assistance for future single-family acquisition.

Commissioner Strand said many hours went into this project and he does not think anybody won; however, a major compromise was found. He said he would not have supported the TIF except for the experiment to see if the City can do something for the Roosevelt neighborhood and if the $300,000.00 will go very far.

In response to a question from Commissioner Strand asking if townhomes will be built on Lot 4, Larry Nygard, Roers Development, said the townhomes on Lot 3 will be for sale and he does not know the market; however, he is hopeful people are as interested in owning homes in this neighborhood as they have been in renting. He said the first seven townhomes will be built on Lot 3 and depending on the success of that build, Roers will branch off into Lot 4. He said the market will tell and the first set of townhomes will come on the market the summer of 2020 at about the same time as the completion of the rest of the project.

In response to a question from Commissioner Strand regarding moving or saving some of the homes, Mr. Nygard said representatives from the neighborhood and the City toured all of the homes and identified two that have moving potential; however, there has not yet been a decision on those homes. He said Roers will do whatever is decided, be that to move them or get rid of them.

Commissioner Grindberg said there are no lots in the Roosevelt neighborhood.

Mr. Gilmour said a Request for Proposal (RFP) by the City for lots yielded no viable responses, the two homes identified as possible to save are in marginal to poor condition and the City did not see the value in moving them. He said two homes that the church owns might have potential; however, the reality of finding lots and moving the houses is not feasible due to the fact that it costs almost as much to move a house as to build new unless the house has high value and high end finishes.

Commissioner Grindberg moved the form of the Developer Agreement with Roers Development, Inc. to provide up to $950,000.00 of Tax Increment Financing be approved and the adoption of the following Resolution:
WHEREAS, Certain areas within the City are in need of development in order to prevent further deterioration and to preserve property values; and
WHEREAS, The Board of City Commissioners desires to avail itself of the power and authority granted by Chapter 40-58 NDCC.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners as follows:
1. That one or more slum or blighted areas or areas consisting of industrial or commercial property, or a combination of those areas of properties exist in the City of Fargo.
2. That the development, rehabilitation, conservation or redevelopment or a combination thereof, of the area contained within the Renewal Plan for Tax Increment Financing District No. 2019-02 is necessary in the interest of public health, safety, morals or welfare of the residents of the City of Fargo and will afford maximum opportunity, consistent with the sound needs of the city as a whole, for the rehabilitation or redevelopment of the development area by private enterprise.
3. That there are buildings within the area contained within the Renewal Plan with deteriorated conditions, and other soil conditions existing that discourage redevelopment. The Renewal Area, as defined in the Renewal Plan, is blighted due to the presence of these buildings and deteriorated conditions have substantially impaired the growth of the City, and have slowed the provision of appropriate redevelopment in this rea. As a result, the Board of City Commissioners finds that a blighted condition exists in the said area.
4. That the area designated as the Renewal Plan for Tax Increment Financing District No. 2019-02 is appropriate for a development project.
5. That such development, rehabilitation, conservation or redevelopment of the area contained in the Renewal Plan for Tax Increment Financing District No. 2019-02 requires the powers and authority granted in Chapter 40-58 NDCC.
5. That the Renewal Plan for Tax Increment Financing District No. 2019-02 is officially adopted by the Board.
6. That a Developer Agreement be prepared in regard to the Tax Increment exemption.
7. That the appropriate staff be directed to request the county auditor and treasurer to compute, certify and remit tax increments resulting from the development or renewal of the area in accordance with the plan and any modifications thereof and that the county auditor and treasurer shall do so in accordance with this section.

Second by Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Strand and Mahoney voted aye.
Commissioners Gehrig and Piepkorn voted nay.
The Resolution was adopted.

Appointments to the Human Relations Commission:
The Board received a communication from Mayor Mahoney recommending that Laetitia Hellerud and Abdiwali Sharif-Abdinasir be reappointed to the Human Relations Commission for three-year terms ending July 1, 2022. He also recommends that Cody Severson be appointed for a three-year term ending July 1, 2022 to replace Paul Jensen, who has resigned, and that Adam Martin be appointed to fill the unexpired term of David Lanpher, who has resigned and whose term would have expired on July 1, 2020.
Commissioner Strand moved the reappointment of Laetitia Hellerud and Abdiwali Sharif-Abdinasir and the appointment of Cody Severson to the Human Relations Commission for three-year terms ending July 1, 2022, and the appointment of Adam Martin to fill an unexpired term that expires on July 1, 2020.

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

Applications for Property Tax Exemptions Approved (Moved from the Consent Agenda):
Commissioner Piepkorn asked that these items be moved from the Consent Agenda to the Regular Agenda in order to highlight the fact that there are tax incentive programs available for homeowners. He said the City offers incentives for new construction and for remodeling and he agrees with Commissioner Strand that the City needs to tell the story a bit more. He said he supports low income and workforce housing Downtown and there are a number of possible solutions to consider including a land trust and working with HUD.
Commissioner Piepkorn moved the applications for Property Tax Exemptions be approved, as presented.

Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Grindberg, Strand 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, September 9, 2019.

Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:28 o’clock p.m.