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City Commission

May 27, 2025 ·5:00 PM Final

Commission Chambers

Agenda — 71 items

  1. 1 Regular Meeting at 5:00 p.m.
  2. 2 City Commission meetings are broadcast live on TV Fargo Channel 56 and online at www.FargoND.gov/streaming. They are rebroadcast Mondays at 5:00 p.m., Thursdays at 7:00 p.m. and Saturdays at 8:00 a.m. They are also included in the video archive at www.FargoND.gov/citycommission.
  3. A. Pledge of Allegiance. ▶ jump to 1:05
  4. 3 Order of Agenda: approve Pass
  5. B. Roll Call. ▶ jump to 1:24
  6. 4 Minutes: approve Pass
  7. C. Approve Order of Agenda. ▶ jump to 7:57
  8. 5 Consent Agenda: approve Pass
  9. D. Minutes (Regular Meeting, May 12, 2025). ▶ jump to 8:06
  10. 7 CONSENT AGENDA – APPROVE THE FOLLOWING: ▶ jump to 8:19
  11. 1. Certificate of Completion, Tax Increment Revenue Note 2025 (Tax Increment Financing District No. 2023-03) and Private Placement Memorandum with HN 8th Street, LLC. 23-3322
  12. 2. Receive and file 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 21.2 of the Fargo Municipal Code Relating to the International Existing Building Code. c. Repealing and Re-Enacting Chapter 21.3 of the Fargo Municipal Code Relating to the International Energy Conservation Code. d. 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. e. Repealing and Re-Enacting Article 30.1-01 of Chapter 30.1 of the Fargo Municipal Code Relating to the International Fuel Gas Code. f. Amending Section 30-0106 of Article 30-01 of Chapter 30 of the Fargo Municipal Code Relating to the International Mechanical 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 Article 21.1-01 of Chapter 21.1 of the Fargo Municipal Code Relating to the International Residential Code. 23-3336
  13. 3. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of the following Ordinances: a. Ordinance Amending Section 25-1507 (F) of Article 25-15 of Chapter 25 of the Fargo Municipal Code, Relating to Alcoholic Beverages. b. Ordinance Amending Section 25-1512 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages. 23-3352
  14. 4. 1st reading of an Ordinance Amending Section 12-0105(E), of Article 12-01, of Chapter 12, of the Fargo Municipal Code, Relating to Running At Large Prohibited - Habitually At Large; an Ordinance Amending Section 12-0117, of Article 12-01, of Chapter 12, of the Fargo Municipal Code, Relating to Potentially Dangerous and Dangerous Dogs; and an Ordinance Amending Section 1-0305, of Article 1-03, Of Chapter 1, of the Fargo Municipal Code, Relating to Classification of Ordinance Violations. 23-3313
  15. 5. 1st reading of an Ordinance Amending Section 8-1425 of Article 8-14 of Chapter 8 of the Fargo Municipal Code Relating to Traffic Code. 23-3308
  16. 6. 1st reading of an Ordinance Amending Section 1-0305 (C)(2) & (5) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations. 23-3310
  17. 7. 1st reading of an Ordinance Amending Section 25-1512, of Article 25-15, of Chapter 25, of The Fargo Municipal Code, Relating To Licenses - Termination, Suspension, Revocation, and Sanctions. 23-3314
  18. 8. Site Authorizations for Games of Chance: a. American Gold Gymnastics at The Box. b. Fargo Park District Foundation at Edgewood Tavern. c. Fargo Park District Foundation at KingPinz Social. d. Fargo Post 2 Baseball Club at El Zagal. e. Fargo Post 2 Baseball Club at Herd and Horns. f. North Dakota Horse Park Foundation at Boss’ Pizza & Chicken. g. North Dakota Horse Park Foundation at Newman Outdoor Field. h. North Dakota Horse Park Foundation at North Dakota Horse Park. 23-3306
  19. 9. Applications for Games of Chance: a. Dakota Medical Foundation for a raffle on 6/6/25. b. El Zagal Provost for a sports pool 9/28/25-1/14/26. c. Fargo Masonic Advisory Board for a raffle on 8/13/25. d. FM AM Rotary for a sports pool 9/8/25-12/29/25. 23-3323
  20. 10. Agreement for Special Improvements with County 20 Storage & Transfer, Inc. (Special Improvement District No. BN-25-F1). 23-3307
  21. 11. Direct the City Attorney to modify Fargo Municipal Code Section 25-1506 to allow Alcoholic Beverage License Class “FA-Golf” to receive Class E Permits . 23-3332
  22. 12. Memorandum of Offers to Landowner for Permanent Easement Agreement and Temporary Easements with the City of West Fargo. 23-3345
  23. 13. Encroachment Agreement (Parking Lot) with Fargo Public School District located at 801 17th Avenue North. 23-3329
  24. 14. Memorandum of Understanding with the City of West Fargo and the City of Moorhead for SMART Traffic Signal System. 23-3330
  25. 15. Non-Exclusive Right of Way Occupancy Agreements with Gateway Infrastructure, LLC and Ubiquity North Dakota, LLC. 23-3347
  26. 16. Amendment No. 2 with Bolton & Menk in the amount of $86,389.50 for Improvement District No. BN-25-A0. 23-3326
  27. 17. Amendment No. 3 with Bolton & Menk in the amount of $118,569.75 for Improvement District No. BN-25-A0. 23-3328
  28. 18. Change Order No.1 in the amount of $178,690.10 for Improvement District No. PR-25-E1. 23-3324
  29. 19. Bid award to Paras Contracting, Inc. in the amount of $1,012,083.13 for Improvement District No. BR-25-G1. 23-3331
  30. 20. Contract and bond for Improvement District No. PR-25-H. 23-3299
  31. 21. Bid award to KPH, Inc. in the amount of $553,003.00 for Project No. UR-24-C1. 23-3340
  32. 22. Bid award to Key Contracting, Inc. in the amount of $178,772.00 for Project No. UR-24-I1. 23-3334
  33. 23. Bid award to Key Contracting, Inc. in the amount of $40,892.00 for Project No. UR-25-D1. 23-3342
  34. 24. Bid advertisement for Project No. NR-25-D. 23-3351
  35. 25. Items from the FAHR Meeting: a. Receive and file General Fund - Budget to Actual through 4/30/25. b. Exempt Purchase with Andritz Separation in the amount of $1,549,344.00 for rehabilitation of four belt filter presses (EX25164). c. Resolution (Adoption of City of Fargo Inter-fund Loan Policy) and Resolution (Approving Inter-fund Borrowing for Financing of 700 NP Avenue Parking Garage Project). 23-3338
  36. 26. Notice of Grant Award from the ND Department of Health and Human Services for Sun Safety. 23-3339
  37. 27. Purchase of Service Agreement with Mapleton Public School District. 23-3335
  38. 28. Set June 23, 2025 at 5:15 p.m. as the date and time for a Public Hearing on a dangerous building located at 1102 1st Avenue South. 23-3333
  39. 29. Resolution approving Plat of Valley View Eleventh Addition. 23-3312
  40. 30. Resolution approving Plat of EagleRidge Plaza Addition. 23-3319
  41. 31. Addendum - 2 Metro Street Crimes Unit to the Agreement for the Joint Exercise of Peace Officer Duties. 23-3321
  42. 32. Auction Contract with Steffes Group, Inc. for Professional Online Auction Services (RFP25125). 23-3316
  43. 33. ND Department of Transportation Amendment to Contract No. 38231169 for additional transit capital funds. 23-3337
  44. 34. Piggyback purchase through ND State Contract with North Central Bus & Equipment, Inc. in the amount of $336,830.00 for the purchase of two paratransit vehicles and Bus Order Agreement (PBC25178). 23-3325
  45. 35. Bid award to Industrial Builders, Inc. in the amount of $1,026,995.00 for the GTC Deck Overlay Project (RFP25024). 23-3327
  46. 36. Bid award to Micronics Engineered Filtration Group, Inc. in the amount of $45,500.00/year for sludge press filter belts (RFP25158). 23-3320
  47. 37. Change Order No. 8 in the amount of $317,649.00 for Project No. WW1701 (Phase IIB Expansion). 23-3348
  48. 38. Change Order No. 3 in the amount of $52,666.40 for Project No. WA2152. 23-3344
  49. 39. Change Order No. 13 in the amount of $125,628.11 for Project No. WA2402. 23-3349
  50. 40. Bid award to BC Excavating, Inc. in the amount of $1,295,335.35 for Project No. WA2502. 23-3350
  51. 41. Submittal of the West Central Regional Water District Water Provider Questionnaire. 23-3343
  52. 42. Extension to the Water Tower Lease Agreement with Sprint Spectrum Realty Company, LLC (T-Mobile) in the amount of $24,334.08 for Water Tower No. 6 until 12/31/25. 23-3346
  53. 43. BlueConduit Platform-As-A-Service Agreement with Abernethy Schwartz Partners, LLC (d/b/a BlueConduit) for services related to the lead service line replacement project. 23-3341
  54. 50 Regular Agenda:
  55. 44. Bills in the amount of $12,042,270.77. 23-3355
  56. 52 REGULAR AGENDA:
  57. 45. Presentation on Strong Towns Fargo. 23-3315 ▶ jump to 8:41
  58. 54 *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm:
  59. 46. PUBLIC HEARING - Application for a Class “GH” Alcoholic Beverage license from Adibon A&E Fusion d/b/a A&E Fusion Cuisine to be located at 1407 1st Avenue North. 23-3300 approve Pass ▶ jump to 16:56
  60. 47. PUBLIC HEARING - Application for a Class “W” Alcoholic Beverage License for Q Nail & Spa LLC d/b/a Q Nail & Spa to be located at 1650 45th Street South, Suite 104. 23-3302 approve Pass ▶ jump to 18:09
  61. 48. PUBLIC HEARING - Application for transfer of ownership of a Class “AB” Alcoholic Beverage License for Ka-Rick, Inc. d/b/a Rick’s Bar located at 2721 Main Avenue. 23-3303 approve Pass ▶ jump to 19:27
  62. 49. PUBLIC HEARING - Application for transfer of ownership of a Class “AB” Alcoholic Beverage License for M&M Liquors, Inc. d/b/a/ Speck’s Bar and Off Sale located at 2611 Main Avenue. 23-3304 approve Pass ▶ jump to 20:27
  63. 50. PUBLIC HEARING - Application for a Class “GH” Alcoholic Beverage License for Tropical Spice Caribbean Cuisine, LLC d/b/a Tropical Spice Caribbean Cuisine to be located at 3132 Broadway North. 23-3305 approve Pass ▶ jump to 21:14
  64. 51. PUBLIC HEARING - Application to transfer a Class “FA” Alcoholic Beverage License from Cairo Restaurant & Bar, LLC d/b/a Cairo Restaurant and Nightclub to Bar209Fargo, LLC d/b/a Bar 209 to be located at 3788 55th Avenue South. 23-3353 approve Pass ▶ jump to 22:20
  65. 52. Recommendation for approval of the Public Safety Sales Tax Utilization Plan for 2025 and 2026. 23-3354 approve Pass ▶ jump to 23:55
  66. 55. Resident Comments:
  67. 53. Recommendation for appointment to the Library Board. 23-3309 approve Pass ▶ jump to 50:54
  68. 54. Liaison Commissioner Assignment Updates. ▶ jump to 51:12
  69. 55. Resident Comments: (Fargo residents will be offered 2.5 minutes for comment with a maximum of 30 minutes total for all resident comments. Residents who would like to address the Commission, whether virtually or in person, must sign up at FargoND.gov/VirtualCommission).
  70. 65 PLEASE NOTE: The Board of City Commissioners will convene in the City Commission Chambers at the end of the Regular Agenda and prior to adjournment of the regular City Commission meeting and retire into Executive Session in the Red River Room for the following purposes: 1. For purposes of discussing economic development records and information, pursuant to N.D.C.C. §44-04-18.4 subsection 5 and for purposes of discussing negotiation strategy, to provide negotiation instructions to the City’s attorney or other negotiator regarding a potential contract regarding economic development. Discussing such negotiation and strategy in an open meeting would have a negative fiscal effect on the bargaining position of the City of Fargo. An Executive Session for this matter is authorized pursuant to North Dakota Century Code § 44-04-19.1 subsection 9 and North Dakota Century Code § 44-04-19.2 subsection 1, 2. For purposes of discussing negotiation strategy, to provide negotiating instructions to the City’s attorney or other negotiator regarding various and separate pending or potential contracts for the sale of land by the City located west of the landfill, said separate contracts being between the City and Galvanizers, Inc.; WMF Properties, LLC; Hazer Ventures LLC; Scannell Properties, LLC; Thor Investments, LLC; and ARD Properties, LLC. Discussing such negotiations, strategy and pricing in an open meeting would have a negative fiscal effect on the bargaining position of the City of Fargo. An Executive Session for this matter is authorized pursuant to North Dakota Century Code §44-04-19.1 subsection 9.
  71. 66 People with disabilities who plan to attend the meeting and need special accommodations should contact the Commission Office at 701.241.1310 at least 48 hours before the meeting to give our staff adequate time to make arrangements. Minutes are available on the City of Fargo website at www.FargoND.gov/citycommission.