Board of City Commissioners - July 29, 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, July 29, 2019.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg (via conference call), Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Fargo firefighters held their Annual MDA Fill-the-Boot Campaign to raise money to send children to MDA Summer Camp; Fargo Fire along with other area first responder agencies participated in an Active Assailant exercise last week; parents and guardians are reminded to be sure student immunizations are up-to-date before school starts; World Breastfeeding Week is August 1st through August 7th with the theme “Empower Parents, Enable Breastfeeding;” and the Police Department held a swearing-in ceremony last week for two new officers who have completed the police academy. A video was shown featuring the work of the Community Trust Officers and new artwork at the Fargo Cass Public Health/Fargo Police substation.

Order of Agenda Approved:
Commissioner Gehrig moved the Order of the Agenda be approved, moving Item No. “3” from the Consent Agenda to the Regular Agenda to be discussed with Item No. “35h.”
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on July 15, 2019 be approved as read.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

Consent Agenda Approved:
Commissioner Strand moved the Consent Agenda be approved as follows:
1. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of the following Ordinances:
a. Repealing and Re-enacting Article 21-01 of Chapter 21 of the Fargo Municipal Code Relating to the International Building Code.
b. Repealing and Re-enacting Article 21.1-01 of Chapter 21.1 of the Fargo Municipal Code Relating to the International Residential Code.
c. Repealing and Re-enacting Article 21.2-01 of Chapter 21.2 of the Fargo Municipal Code Relating to the International Existing Building Code.
d. Repealing and Re-enacting Article 21.3 of the Fargo Municipal Code Relating to the International Energy Conservation Code.
e. Amending Section 30-0106 of Article 30-01 of Chapter 30 of the Fargo Municipal Code Relating to the International Mechanical Code.
f. Repealing and Re-enacting Article 30.1-01 of Chapter 30.1 of the Fargo Municipal Code Relating to the International Fuel Gas Code.
g. Repealing and Re-enacting Article 31-01 of Chapter 31 of the Fargo Municipal Code Relating to the International Property Maintenance Code.
h. Repealing and Re-enacting Sections 9-0701 and 9-0704 of Article 9-07 of Chapter 9 of the Fargo Municipal Code Relating to Fire Protection and Prevention.

2. 2nd reading and final adoption of the following Ordinances:
a. Amending Section 22-0301 of Article 22-03 of Chapter 22 of the Fargo Municipal Code Relating to Plumbing Code.
b. Amending Section 16-0105 of Article 16-01 of Chapter 16 of the Fargo Municipal Code Relating to Waterworks System.
c. Annexing a Certain Parcel of Land Lying in the Northeast Quarter of Section 11, Township 138 North, Range 49 West, in Cass County, North Dakota.
d. Rezoning Certain Parcels of Land Lying in Selkirk Place First Addition to the City of Fargo, Cass County, North Dakota.
e. Rezoning Certain Parcels of Land Lying in Madelyn’s Meadows Second Addition to the City of Fargo, Cass County, North Dakota.

3. Receive and file Cost Share Agreement with Xcel Energy, Inc. and the Kilbourne Group, LLC for cost sharing expenses related to the burying of the overhead lines and necessary secondary connections (moved to the Regular Agenda).

4. Resolution Authorizing Sale of Property at 302 42nd Street South at a minimum bid of $62,640.00 (Attachment “A”).

5. Applications for property tax exemptions for improvements made to buildings:
a. Timothy S. and Kim E. Jacobson, 1115 12th Avenue South (5 year).
b. Diane R. Heagle, 912 9th Avenue South, Unit 1 (5 year).
c. Seth J. and Michaela J. Dye, 1116 12th Avenue South (5 year).
d. Travis W. Buzick, 1504 2nd Avenue South (5 year).
e. Mukund P. and Sungja L. Sibi, 1010 8th Street South (5 year).
f. Renee O’Brien, 820 2nd Street North (5 year).
g. Sadiah and Sameyah Khan, 1110 3rd Avenue North, Unit 540E (5 year).
h. Justin and Elizabeth Frye, 1250 5th Street North (5 year).
i.Justin Slack, 1441 12th Avenue South (5 year).

6. Certificate of Completion and Release of Forfeiture for the Woodrow Wilson Project.

7. Site Authorizations for Games of Chance:
a. Arc Upper Valley at Prairie Brothers Brewery.
b. Metro Sports Foundation at Scheels Arena.

8. Applications for Games of Chance:
a. Benefit for Finley’s Fight Hosted by Friends of Finley for a raffle on 8/8/19; Public Spirited Resolution.
b. Sons of Norway for a raffle from 9/1/19 to 12/7/19.
c. Holy Spirit Catholic Church for bingo, raffle and calendar raffle from 9/9/19 to 10/13/19.
d. Veterans Honor Flight of ND/MN for a raffle on 8/17/19.
e. YMCA of Cass & Clay Counties for a raffle on 8/6/19.
f. Fargo Angels Hockey for a raffle and raffle board from 8/13/19 to 12/7/19.

9. Pledged securities as of 6/30/19.

10. Receive and file the post-sale bond results report as prepared by Baker Tilly (Refunding Improvement Bonds, 2019A).

11. Change Order No. 1 for an increase of $53,700.00 for Project No. UR-19-A1.

12. Change Order No. 8 for an increase of $1,050.00 for Project No. FM-15-K1.

13. Task Order No. 1 with Houston Engineering in an amount not to exceed $505,000.00 for Project No. FP-19-A0.

14. Payment to KPH in the amount of $107,200.00 for emergency sanitary sewer repairs.

15. Purchase Agreement with Andrew I. and Nancy C. Froelich in the amount of $381,000.00 for property located at 1422 South River Road South (Project No. FM-15-J3).

16. City of Fargo Specifications Water Mains.

17. Memorandum of Understanding for Use of Facilities in the Event of a Disaster or Emergency with FirstLink.

18. Purchase of Service Agreement with ND Department of Health for Emergency Response Services (CFDA #93.069).

19. Agreement for Services with Center Point Tactical LLC.

20. Memorandum of Understanding and Non-Disclosure Agreement with eSmart Systems US, Inc.

21. Bid award to Bert’s Truck Equipment in the amount of $28,575.10 for one articulating utility tractor/mower (PBCT652).

22. Bid award to Hartland Fuel Products, LLC in the amount of $701,454.00 for fuel purchase for 3rd and 4th quarters of 2019 (RFV19007).

23.Change Order No. 5 for a 60-day time extension for Project No. SW16-03 Phase II.

24. Amendment No. 6 for the Hazard Mitigation Grant Program Subgrant Agreement for FEMA-DR-1981-ND between the ND Department of Emergency Services and the City of Fargo for a 6-month time extension (Project No. WW1402).

25. Task Order No. 24 with AE2S in the amount of $372,400.00 for the reconditioning of two water towers.

26. Contract for the Newman Outdoor Field – Stadium Reroof Project.

27. Bills in the amount of $13,216,530.51.

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.

Change Order Nos. 1 and 2 for Improvement District No. BR-18-A1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating Change Order No. 1 is for railroad flagging and inspection fees paid to BNSF and Change Order No. 2 is for additional sanitary sewer on 4th Street South.
Commissioner Strand moved Change Order No. 1 for an increase of $23,100.00 and Change Order No. 2 for an increase of $28,160.00 for Improvement District No. BR-18-A1 be approved.

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.

Change Order No. 5 and Time Extension for Improvement District No. BN-17-A1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating Master Construction submitted a request for an additional 94 days to be added to Interim Completion Date 3 for Improvement District No. BN-17-A1 due to structural changes added during construction of the storm water lift station. The Change Order, they said, is for also an increase in the amount of $1,124.50 for the addition of an intrinsically safe barrier (ISB) to the control panel of the lift station.
Commissioner Strand moved Change Order No. 5 for an increase of $1,124.50 and Interim 3 time extension to 8/12/18 for Improvement District No. BN-17-A1 be approved.

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.

Change Order No. 1 for a Time Extension for Improvement District No. BN-19-E1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating a 14-day time extension for Dakota Underground Company is being requested due to weather conditions and a concrete shortage.
Commissioner Strand moved Change Order No. 1 for a 14-day time extension for Improvement District No. BN-19-E1 be approved.

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.

Final Balancing Change Order No. 4 for Improvement District No. UN-18-B1 Approved:
Commissioner Strand moved Final Balancing Change Order No. 4 in the amount of -$16,197.30 for Improvement District No. UN-18-B1 be approved.

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.

Final Balancing Change Order No. 5 for Improvement District No. BN-18-K1 Approved:
Commissioner Strand moved Final Balancing Change Order No. 5 in the amount of $1,865.00 for Improvement District No. BN-18-K1 be approved.

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.

Contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Key Contracting Inc. for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1 in the City of Fargo, North Dakota, be approved.
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.

Contract Bond for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $477,507.50, for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1 in the City of Fargo, North Dakota.

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.

Update on the Civic Plaza, Area 1:
Scott Bishop, Bishop Land Design, said work continues on the Fargo Civic Plaza Area 1 “Sodbuster” landscape design and a contract with McGough Construction has been approved for preconstruction services. He said the restored “Sodbuster” by the late artist Luis Jiminez will be placed this fall as part of the redesigned Fargo Civic Plaza. Prairie grass will surround the sculpture, he said, which will be mounted on a 42-inch-high foundation, in addition there will also be a nursery of 50 trees that will eventually be planted throughout the plaza. There will be three viewing platforms for the sculpture, he said, as well as two grassy areas for sitting, a library cafe terrace and pathways featuring a "crackle" design, which resembles how dried clay looks, reminding visitors the Red River Valley is part of an ancient glacial lake bed. He said he hopes to have this first phase of the Plaza project completed by late September or early October. The Institute of Museum and Library Services has provided a $150,000.00 grant to the Plains Arts Museum, which owns the sculpture, for the sculpture's restoration and the grant requires that the sculpture be displayed by this year.
In response to a question from Commissioner Piepkorn asking about displaying additional work by the artist in the library, Mr. Bishop said he has talked to Mr. Jimenez’s widow, Susan, about additional exhibits of his work in the library. He said she wants to make connections with the cities where his work is located and the idea of having an additional art exhibit when this sculpture project opens is an ongoing conversation.

Application to Transfer the Class “A” Alcoholic Beverage License from Firebox, LLC d/b/a Firebox to International African Restaurant and Nightclub, LLC d/b/a International African Restaurant and Nightclub Approved:
A Hearing had been set for July 1, 2019 on an application to transfer the Class “A” Alcoholic Beverage License from Firebox, LLC d/b/a Firebox to International African Restaurant and Nightclub, LLC d/b/a International African Restaurant and Nightclub at 4554 7th Avenue South.
At the July 1, 2019 Regular Meeting, the Hearing was continued to July 15, 2019.
At the July 15, 2019 Regular Meeting, the Hearing was continued to this day and hour.
City Auditor Steve Sprague said this is a new application with a new owner listed from a previous application. Mballu Brown is requesting to be the applicant in place of her husband, Francis Brown, he said, who was the applicant from the previous request, which was denied due to the fact that Mr. Brown had a felony conviction within the previous five years. The co-applicant, Corey Schultz, also has a criminal felony conviction from 2004 for delivery of a controlled substance, he said; however, license guidelines state an applicant may not have been convicted of any offenses within the previous five years, therefore Mr. Schultz’ 2004 conviction did not affect the Board’s original decision. He said after conducting an investigation into the character, reputation and fitness of Ms. Brown, it was discovered that she has a poor credit history with two personal loans and three credit accounts with unpaid balances in excess of $15,000.00. He said Francis and Mballu Brown also own and operate the Liberian Merry Go Round restaurant, which is currently in arrears on its utility bill with the City. He said he spoke with Ms. Brown about the credit issues and to date, she still has one account referred to collections with a balance of $129.00 and the other account has been paid in full. He said it was the recommendation of the Liquor Control Board to deny the issuance of the license.

Stephen Baird, Fargo, an attorney for the applicants, said he knows the Liquor Control Board has concerns about Ms. Brown’s credit history; however, the concerns should not be a reason to deny the request. She does have three credit accounts that have large balances, which have been deemed a loss by their holders, he said. Those were credit accounts opened in her name by her ex-husband without her knowledge, he said, and as the marriage was ending, she declined to pursue any sort of criminal remedies that may have been available to her. She did continue to pay on those accounts, as she was able, he said, and she eventually let them go along with the marriage and she tried to wash her hands of it. He said it is unfair that she is being be penalized for her previous victimization by her ex-husband. In addition to these accounts, he said, there were a couple of old accounts in collections that when brought to Ms. Brown’s attention, she paid them. The payoff information was not available in time for the previous Liquor Control Board meeting, he said, and he has copies of the payoff information if needed. He said in the discussion by the Liquor Control Board of the transfer request, the specter of Romo’s was raised and whatever issues Rodolfo Romo may have had do not exist in this case and he does not feel it is a fair comparison. He said this is not a single owner restaurant; there are two owners and, if an issue comes up, there is a second owner to take over the business. He said the license being transferred is one that has been sitting unused and the business space that the owners will occupy is the former JT Cigarro’s building, which has been vacant for quite some time. He said this is a business seeking to serve an overlooked corner of the diverse population of Fargo.

Commissioner Piepkorn said the City’s policy is that if the applicant resolved all of these credit issues, the City would be willing to issue the license. The City has to be consistent, he said, and he thinks Ms. Brown should try to clear up the other credit issues if they were not her fault. Ultimately, he said, it is her name on it and that is unfortunate. He said he thinks this restaurant and bar will be a great addition to the community and he is happy that a building that has been sitting empty will get a new life; however, the credit issues have to be cleared, otherwise the City is not being fair to everyone else.

Commissioner Gehrig said he is torn. He said he initially voted “no;” however, there has been a good-faith effort to clear up the debt. Other points, he said, are the building is vacant and the license has also been vacant and this business will serve a certain sector of the community; therefore, he might support it.

In response to a question from Mayor Mahoney asking if the names on the LLC need to be changed, City Attorney Erik Johnson said the husband, who was the previous applicant, is the registered agent with the state but he is not an officer of the company. He said he is simply the person who would be served papers if there were a legal matter. The point is, he said, when there were problems with the original application, the applicant was shifted to the spouse and the assumption is that there will not be any change in how the business will be run and the husband will still be involved in the business.

In response to a question from Commissioner Strand asking what the expectations from the City are relative to credit history after a business receives a liquor license, Mr. Sprague said credit history is not reviewed beyond initial issuance of the alcohol license.

In response to a question from Commissioner Strand asking if a business declares bankruptcy, can they sell the liquor license, Mr. Sprague said since 2014, the rule has been that if a business closes, the liquor license comes back to the City.

In response to a question from Commissioner Strand asking about the business plan, Cory Schultz, co-applicant, said the business plan is to have a restaurant with multiple chefs providing different ethnic foods from Africa. He said his wife is the number one female vocalist in Ghana and she will be taking the stage regularly in the nightclub. He said the business plan is also to serve alcohol to patrons who want to come and listen to music and eat a good meal prepared by African chefs.

In response to a question from Commissioner Strand asking if a previous felony is an automatic disqualifier for someone applying for a liquor license, Mr. Sprague said if a felony was within five years of the application, it is an automatic disqualifier.
Commissioner Piepkorn moved the application be approved.

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.

Application Filed by Crave Hospitality Fargo, LLC d/b/a Crave for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Crave Hospitality Fargo, LLC d/b/a Crave for a Class "FA" Alcoholic Beverage License at 3902 13th Avenue South No. 3643, 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 no significant concerns were discovered as to the character of the applicants, which include owners Keyvan Talebi and Kamran Talebi and manager Joseph Brown, and the Liquor Control Board voted to approve the application.
Commissioner Gehrig moved the application be approved.

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

Hearing on Application Filed by Great Plains 1001 Holdings, LLC for Renaissance Zone Project Continued to August 12, 2019:
A Hearing had been set for July 15, 2019 on an application filed by Great Plains 1001 Holdings, LLC for a Renaissance Zone new construction project located at 1001 and 1011 NP 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 this date and hour; however, the applicant has requested the hearing be continued to August 12, 2019.
Commissioner Gehrig moved the hearing be continued to 5:15 o’clock p.m. on Monday, August 12, 2019.

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

Hearing on Application Filed by DFI Kesler LLC and DFI BJ LLC for a Renaissance Zone Project Continued to August 12, 2019:
A Hearing had been set for this day and hour on an application filed by DFI Kesler LLC and DFI BJ LLC for a Renaissance Zone new construction project located at 617 and 621 1st Avenue North and 624 2nd Avenue North; however, the applicant has requested the hearing be continued to August 12, 2019.
Commissioner Gehrig moved the hearing be continued to 5:15 o’clock p.m. on Monday, August 12, 2019.

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

Hearing on Application Filed by DFI Kesler, LLC for a Payment in Lieu of Tax Exemption (PILOT) Continued to August 26, 2019:
A Hearing had been set for July 15, 2019 on an application filed by DFI Kesler, LLC for a payment in lieu of property tax exemption project located at 624 2nd Avenue North, and 617 and 621 1st Avenue North, which the applicant will use in operation of leasing residential apartments and commercial space.
At the July 15, 2019 Regular Meeting, the Hearing was continued to this date and hour; however, the applicant has requested the Hearing be continued to August 26, 2019.
Commissioner Gehrig moved the hearing be continued to 5:15 o’clock p.m. on Monday, August 26, 2019.

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

Hearing on Application Filed by Great Plains 1001 Holdings, LLC for a Payment in Lieu of Tax Exemption (PILOT) Continued to August 26, 2019:
A Hearing had been set for July 15, 2019 on an application filed by Great Plains Antique Holdings, LLC for a payment in lieu of property tax exemption for a project located at 1001 NP Avenue, 28 10th Street North, 1016 1st Avenue North and 11 11th Street North, which the applicant will use in operation of leasing residential apartments and commercial space.
At the July 15, 2019 Regular Meeting, the Hearing was continued to this date and hour; however, the applicant has requested the Hearing be continued to August 26, 2019.
Commissioner Gehrig moved the hearing be continued to 5:15 o’clock p.m. on Monday, August 26, 2019.

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

Hearing on Application Filed by Great Plains Antique Holdings, LLC for a Payment in Lieu of Tax Exemption (PILOT) Continued to August 26, 2019:
A Hearing had been set for July 15, 2019 on an application filed by Great Plains Antique Holdings, LLC for a payment in lieu of property tax exemption for a project located at 1017 4th Avenue North, which the applicant will use in operation of leasing residential apartments.
At the July 15, 2019 Regular Meeting, the Hearing was continued to this date and hour; however, the applicant has requested the Hearing be continued to August 26, 2019.
Commissioner Gehrig moved the hearing be continued to 5:15 o’clock p.m. on Monday, August 26, 2019.

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

Renewal Plan for District No. 2019-01 for Reconstruction of the Alley and Utility Line Relocation within the 100, 200 and 300 Blocks of Roberts Alley Approved:
The Board received a communication from Strategic Planning Director Jim Gilmour stating he prepared a Renewal Plan for the paving and relocation of utility lines in Roberts Alley. He said the Renewal Plan is needed to provide legal authority to use City funds on some of the costs associated with relocation of power lines. The Plan, he said, designates the area as appropriate for redevelopment and provides a general plan for redevelopment. Unlike most Renewal Plans, he said, this plan does not create a Tax Increment Financing (TIF) District. The alley reconstruction costs will be special assessed and the power line relocation is a cost share with Kilbourne, Xcel and the City, he said.

In response to a question from Commissioner Strand asking if this is two projects and the concrete restoration is special assessed to the affected businesses, why is the cost for burying the power lines not special assessed or why is there not a general assessment of the entire city, City Attorney Erik Johnson said some of the businesses did not want to be assessed for the power lines and there had to be unanimous approval due to the fact that there will be entry into private properties. He said the City can special assess projects such as roads, sidewalks and sewer lines; however, utility relocation is not eligible unless it is done by agreement.

Mr. Gilmour said some of the owners welcomed the power line relocation while others thought their electricity worked fine and they did not want to invest in the change; therefore, City participation helps them with new service panels and circuitry that may be needed. If there was not an agreement between the City, Kilbourne and Xcel, he said, the City would be left with two separate power lines, one overhead and one underground. He said this is technically a pilot project to see how it works and if it helps increase revenue. There are two benefits, he said, the first is the visual appearance and the second is that it allows the Kesler building to be built closer to the alley due to the fact that some of the power lines are on private property and a certain setback from power lines is required, which would reduce the size of the building.

Commissioner Piepkorn said this project has taken more than seven years and previously, there was an alley and a bare parking lot, whereas now it is a $44 million project. He said overheard power lines are old technology and the tree trimming they require ruins trees. In the long term, he said, the City will have Xcel bury all the power lines; however, Downtown is the most expensive and most technical. This situation gives us all a little heartburn, he said; however, the Board has to look at the big picture and when it is done, Roberts Alley is going to be the coolest thing in North Dakota.

Commissioner Strand said he does not think it is the public’s responsibility to pay for this. There are some affected businesses that do not want to be assessed, he said, and there are probably citizens who do not want to be assessed; however, they are going to pay for it anyway. He said he is excited about the project; however, he does not like the financing part of it.

Commissioner Grindberg offer the following Resolution and moved its adoption:
WHEREAS, Certain areas within the City are in need of redevelopment in order to prevent further deterioration, to encourage investment 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 District No. 2019-01, 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.
3. That there are properties within the area contained within the Renewal Plan with deteriorated conditions and other conditions existing that discourage redevelopment. The Renewal Area, as defined in the Renewal Plan, is blighted due to the presence of these properties and conditions have substantially impaired the growth of the City and have slowed the provision of appropriate redevelopment in this area. As a result, the Board of City Commissioners finds that a blighted condition exists in the said area.
4. That there are no persons living in residential buildings who will be displaced by the redevelopment.
5. That the area designated as the Renewal Plan for District No. 2019-01 is appropriate for development projects.
6. That such development, rehabilitation, conservation or redevelopment of the area contained in the Renewal Plan for District No. 2019-01 requires the powers and authority granted in Chapter 40-58 NDCC.

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

Receive and File the Cost Share Agreement between Xcel Energy, Kilbourne Group and the City of Fargo (Moved from the Consent Agenda):
The Board received a communication from Assistant City Attorney Nancy Morris stating that accompanying the Renewal Plan is a draft of the anticipated Cost Share Agreement between Xcel Energy, the Kilbourne Group and the City of Fargo for costs associated with burying the electrical and telecommunication lines in Roberts Alley and connecting the secondary services to the impacted properties. The agreement, she said, is for informational purposes only at this time, pending further discussions with Xcel and Kilbourne as to specific terms.
Commissioner Piepkorn moved the Cost Share Agreement between Xcel Energy, Inc., Kilbourne Group, LLC and the City of Fargo for cost sharing expenses related to the burying of the overhead lines and necessary secondary connections be received and filed.

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.

Resolution Authorizing Wireless Telecommunication Facility Guidelines:
The Board received a communication from Division Engineer Kevin Gorder stating the Public Works Projects Evaluation Committee is recommending approval of revisions to the Wireless Telecommunication Facility Guidelines. The proposed amendments, he said, are from discussions with various carriers and review of the FCC requirements. These guidelines are in addition to the requirements of Article 24-04 Wireless Telecommunications Facilities in the Public Right-of-Way and are an amendment to the original guidelines adopted in 2017 and 2019, he said. The changes include: adding an application and annual fees for placing a structure in the right-of-way for the sole purpose of wireless telecommunication and an Encroachment Agreement will be required prior to installing a structure in the right-of-way; the previous versions included design information in the guidelines which has been removed from the guidelines and added to the Design Standards and Material Finish requirements; and adding a reference to a newly created Construction Requirements for Wireless Telecommunication Facility. He said the latest information from providers includes a preconstruction meeting with Mobilitie to start installations around 42nd Street South between Main Avenue and the Petro Truck Stop. He said 5G is not available in Fargo yet and most installs are supplementing the existing 4G networks.

In response to a question from Commissioner Piepkorn asking if all three companies need to have their own separate cells due to the fact that the number of cells going up will be noticeable and is there potential for consolidating, Tammy Hartman, a network outreach manager for Verizon, said she is not an engineer therefore cannot answer questions about consolidating; however, she has been working with the City to attach Verizon small cells to light poles. She said Verizon is deploying 5G across the United States and small cells are the backbone for 5G which lays the infrastructure for Verizon to come through and launch 5G. There is not a plan to build 5G in Fargo until there is a small cell network built, she said. As for more than one carrier on a pole, she said, all small cells have to be at a particular height for them to have connectivity; therefore, right now there is not a possibility to co-locate on the same light pole.

Commissioner Strand said he has heard from several people who have concerns regarding the safety of 5G technology. He said he would like the Board to be apprised of the science and technology so the Board is comfortable knowing that it is not embarking on a path that could do harm to the health of people. He said there is a lot of literature for both sides and at some point he would like to see a report on the plusses and minuses of this technology, whether it is a brown bag meeting or a short presentation at a future City Commission meeting.
Commissioner Gehrig moved the Resolution entitled “Resolution Authorizing Wireless Telecommunication Facility Guidelines” and referred to as Attachment “B,” be adopted and attached hereto.

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

Master Attachment Agreement and Addendum to Master Attachment Agreement for Use of the Right-of-Way (Encroachment Agreement) Approved:
The Board received a communication from Assistant City Attorney Nancy Morris stating the Addendum to Master Attachment Agreement for Use of the Right-of-Way (Encroachment Agreement) is the culmination of extensive negotiations between Verizon Wireless and City of Fargo Engineering Department. She said the City adopted the Ordinance Article 24-04 - Wireless Telecommunication Facilities in the Public Right-of-Way - Requirements and Permits, and subsequent amendments thereto. She said this Master Attachment Agreement (MAA) outlines the terms and conditions applicable to Verizon’s attachment of small cell equipment to City infrastructure, as provided by Ordinance. In addition, she said, the Addendum to the MAA, identified as an Encroachment Agreement, addresses the ability of Verizon to place standalone poles in the City right-of-way in accordance with the FCC September 2018 Amended Order. The Engineering Department, in conjunction with various providers, continues to work on the deployment process, she said, and at least one other provider has successfully navigated the process and deployment of small cell technology is eminent. The MAA and Ordinance terms provide that the City has the right to remove or relocate the attached equipment under various circumstances, she said, the paramount consideration being the protection of the health and welfare of the public. She said this is an important step toward the deployment of 5G technology in the City.
Commissioner Gehrig moved the Master Attachment Agreement for Attachment of Wireless Communications Facilities to Certain City Owned Structures in the Public Right of Way and the Addendum to Master Attachment Agreement for Use of the Right of Way (Encroachment Agreement) with Verizon Wireless (VAW), LLC be approved.

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

Engineering Projects Update:
City Engineer Brenda Derrig gave a presentation on current construction projects and progress, shared drone videos of progress on the 52nd Avenue South and Main Avenue projects and confirmed that there were have been no workplace injuries or deaths.

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, August 12, 2019.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:12 o’clock p.m.