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City Commission

November 12, 2024 ·5:00 PM Final

Commission Chambers

Agenda — 57 items

  1. 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.
  2. 3 Pledge of Allegiance.
  3. 3 Order of Agenda: approve Pass
  4. 4 Roll Call.
  5. 4 Minutes: approve Pass
  6. 5 Approve Order of Agenda.
  7. 5 Consent Agenda:
  8. 6 Minutes (Regular Meeting, October 28, 2024).
  9. 7 CONSENT AGENDA – APPROVE THE FOLLOWING:
  10. 1. Letter of Support for the RKAK Project to the ND Opportunity Fund Consortium. 23-2709 approve Pass
  11. 2. 1st reading of an Ordinance Amending Article 11-09, of Chapter 11, of the Fargo Municipal Code, Relating to Littering of Public Places by Contractors. 23-2705 approve Pass
  12. 3. 2nd reading, waive reading and final adoption of an Ordinance Annexing a Certain Parcel of Land Lying in a Portion of the West Half of Section 4, Township 138 North, Range 49 West of the 5th Principal Meridian in Cass County, North Dakota; 1st reading, 10/28/24. 23-2706 approve Pass
  13. 4. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Southwest Fargo Mission Second Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 10/28/24. 23-2707 approve Pass
  14. 5. Receive and file the Order, Complaint and Cass County Jail Inmate Grievance Form from Willshaun Devon Boxley. 23-2746 approve Pass
  15. 6. Appeal of the decision of the District Court regarding Liquid Hospitality, LLC d/b/a Windbreak Saloon vs. Board of City Commissioners of the City of Fargo-Case No. 09-2024-CV-01023. 23-2750 approve Pass
  16. 7. Applications for Games of Chance: a. Benefit for Shannyn Mack for a raffle 12/1/24; Public Spirited Resolution. b. El Zagal Shrine Arab Patrol for a raffle on 3/14/25. c. NDSU Dance Team for a raffle on 12/6/24. d. NDSU Men’s Lacrosse Club for a raffle on 3/8/25. e. Oak Grove Lutheran School for a raffle board on 11/15/24. 23-2662 approve Pass
  17. 8. Developer Agreement with Lepine Holdings, LLC for MLTB Addition. 23-2723 approve Pass
  18. 9. Stockpile Storage Agreement (Southwest Regional Pond - Phase 2) with Keith A. Ernst and Linda Vogle, as Trustees of the Fred M. Hector, Jr. Revocable Trust under agreement dated September 27, 2017. 23-2734 approve Pass
  19. 10. Negative Final Balancing Change Order No. 1 in the amount of $-9,163.12 for Project No. PR-24-C1. 23-2721 approve Pass
  20. 11. Negative Final Balancing Change Order No. 2 in the amount of $-42,665.40 for Project No. SR-24-B1. 23-2722 approve Pass
  21. 12. Change Order No. 3 for an 18-day time extension to the final completion date for Project No. TR-23-A1. 23-2720 approve Pass
  22. 13. Permanent Easement (Lift Station) and Termination of Easement (Lift Station) with Dakota Commerce Center 5 LLC for Improvement District No. BN-23-F1. 23-2725 approve Pass
  23. 14. Memorandum of Offer to Landowner for Permanent Easement (Street and Utility) and Easement (Temporary Construction Easement) with Keith A. Ernst and Linda Vogle, as Trustees of the Fred M. Hector, Jr. Revocable Trust under agreement dated September 27, 2017 (Improvement District No. FP-19-A1). 23-2735 approve Pass
  24. 15. Bid award to Master Construction Co., Inc. in the amount of $3,403,624.90 for Improvement District No. BR-25-A1. 23-2733 approve Pass
  25. 16. Bid award to Border States Paving, Inc. in the amount of $13,300,910.09 for Improvement District No. FP-19-A4. 23-2731 approve Pass
  26. 17. Bid award and Agreement with Osgood Cleaning Services, LLC for cleaning services at City Hall and Sky Commons West Wing (RFP24019). 23-2732 approve Pass
  27. 18. Items from the FAHR Meeting: a. Receive and file Sales Tax update. b. Receive and file the donation for the 2025 Benefits Fair. c. Authorization to close out ARPA Fund 255 at year-end 2024 and related budget adjustments as presented. d. Grant Award and Acceptance of the 2025 Project Safe Neighborhoods Grant Program in the amount of $33,300.00 and related budget adjustments. e. Acceptance of the FY 2024 State Homeland Security Grant Program in the amount of $474,000.00 and related budget adjustments. f. Request to overfill the January 2025 Fargo Police Academy class with six sworn Police Officer positions. g. Bid award for scrap meter liquidation to the selected vendors within the Preferred Buyers group (RFP23125). h. Commercial Real Estate Advisory Agreement with Goldmark Commercial Real Estate Inc. for advisory services on the sale of City property west of the landfill. 23-2752 approve Pass
  28. 19. Agreement for Provision of Environmental Health Services for the City of West Fargo. 23-2719 approve Pass
  29. 20. Memorandum of Understanding between Local Public Health Units of Region V in North Dakota. 23-2717 approve Pass
  30. 21. Contract Agreement for Services with the American Lung Association. 23-2747 approve Pass
  31. 22. Amendment to the Findings of Fact, Conclusions and Order for property located at 1011/1013 University Drive North. 23-2738 approve Pass
  32. 23. Authorization to apply for the 2025 Grants funds under the Infrastructure Investment and Jobs Act framework. 23-2737 approve Pass
  33. 24. Resolution approving Plat of MLTB Addition. 23-2749 approve Pass
  34. 25. Direct the City Attorney’s Office to draft revisions to Fargo Municipal Code Section 8-0602. 23-2751 approve Pass
  35. 26. Task Order from Stantec in the amount of $83,535.00 (Project No. SW 24-06). 23-2740 approve Pass
  36. 27. Resolutions Prescribing Rates and Charges for Water Utility and Water Reclamation Utility Service and Resolution Authorizing Storm Water Service Charge. 23-2736 approve Pass
  37. 28. First Amendment to Water Service Agreement with the City of West Fargo. 23-2739 approve Pass
  38. 29. Second Amendment to Agreement and Release with Cass Rural Water Users District. 23-2741 approve Pass
  39. 30. Amendment of Resolution Authorizing the Issuance and Sale of an Amended and Restated $98,000,000.00 City of Fargo Sales Tax and Water Revenue Bond, Series 2013B. 23-2742 approve Pass
  40. 31. First Amendment to Sewer Agreement with the City of West Fargo. 23-2748 approve Pass
  41. 32. Resolutions of Governing Body of Applicant - Resolution Authorizing filing of application with the ND Department of Environmental Quality for a loan under the Clean Water Act and/or the Safe Drinking Water Act to support Engineering led DOT projects. 23-2745 approve Pass
  42. 33. Change Orders for Project No. WW1707: a. No. 1 in the amount of $3,164.59 . b. No. 2 in the amount of $119,206.80 and time extensions to the substantial and final completion dates. 23-2744 approve Pass
  43. 34. Change Order No. 7 in the amount of $852,825.00 for Project No. WW1701. 23-2743 approve Pass
  44. 35. Bills in the amount of $15,356,174.81. 23-2703 approve Pass
  45. 42 Regular Agenda:
  46. 43 REGULAR AGENDA:
  47. 36. Presentation on the 2025 Legislative Session. 23-2753
  48. 45 *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm:
  49. 37. PUBLIC HEARING - Application for an ownership change for a Class “Z” Alcoholic Beverage License for Vault Partners LLP d/b/a Fort Noks located at 52 Broadway North; continued from the 10/28/24 Regular Meeting. 23-2704 approve Pass
  50. 38. Construction Update. 23-2724
  51. 39. Recommendations for Federal Aid Transportation Alternatives Project Applications for the years 2028 and 2029. 23-2729 approve Pass
  52. 40. Recommendation for the Shared Use Path as part of the 17th Avenue South reconstruction project. 23-2730 approve Pass
  53. 41. Recommendations for appointments to the following Board and Commission: a. Growth Initiative Fund Board of Directors. b. Planning Commission. 23-2702 approve Pass
  54. 43. Resident comments:
  55. 42. Liaison Commissioner Assignment Updates.
  56. 43. 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).
  57. 53 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.