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October 28, 2024 ·4:00 PM Final

Commission Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 58 items

  1. 2 Roll Call. ▶ jump to 4:30
  2. 3 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 Monday, October 28, 2024. The Board retired into Executive Session in the Red River Room at 4:00 p.m. for the purpose of attorney consultation regarding the pending litigation titled Liquid Hospitality, LLC d/b/a Windbreak Saloon vs. Board of City Commissioners of the City of Fargo, File No: 09-2024-CV-01023. Discussing these matters in an open meeting will have a negative fiscal effect on the bargaining and or litigation position of the City of Fargo. An Executive Session for this legal matter is authorized pursuant to North Dakota Century Code §44-04-19.1 subsections 2, 5 and 9. The Executive Session closed at 4:52 p.m. and the meeting reconvened in public session at 5:00 o'clock p.m.
  3. 4 Regular Meeting at 5:00 p.m.
  4. 4 Order of Agenda: approve Pass
  5. 5 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.
  6. 5 Minutes: approve Pass
  7. A. Pledge of Allegiance. ▶ jump to 4:17
  8. 6 Consent Agenda:
  9. 7 Roll Call. ▶ jump to 4:30
  10. 8 Approve Order of Agenda. ▶ jump to 10:41
  11. 9 Minutes (Regular Meeting, October 14, 2024). ▶ jump to 10:48
  12. 10 CONSENT AGENDA – APPROVE THE FOLLOWING: ▶ jump to 11:07
  13. 1. Receive and file an Ordinance Amending Article 11-09, of Chapter 11, of the Fargo Municipal Code, Relating to Littering of Public Places by Contractors. 23-2670 approve Pass
  14. 2. Site Authorizations for Games of Chance: a. Homeward Animal Shelter, Inc. at Speck’s Bar. b. North Dakota Horse Park Foundation at Dogleg North. 23-2666 approve Pass
  15. 3. Applications for Games of Chance: a. Shiloh Masonic Lodge #1 for a raffle on 4/26/25. b. Sts. Anne & Joachim Catholic Church for bingo and a raffle on 11/10/24. c. The Village Family Service Center for a raffle board on 11/8/24. 23-2665 approve Pass
  16. 4. Agreement Regarding Deferral of Special Assessments with Sanford North. 23-2700 approve Pass
  17. 5. Reimbursement to Property Owner in the amount of $8,160.00 for irrigation repairs due to Project No. FM-19-C1. 23-2697 approve Pass
  18. 6. Modifications to the Sanitary Sewer Service Participation Policy. 23-2698 approve Pass
  19. 7. Maintenance Certification for Urban Federal Aid Projects for NDDOT. 23-2696 approve Pass
  20. 8. Negative Final Balancing Change Order No. 2 in the amount of $ -26,927.00 for Project No. SL-22-A1. 23-2687 approve Pass
  21. 9. Change Order No. 1 in the amount of $0.00 for Project No. FM-24-A1. 23-2680 approve Pass
  22. 10. Declare protest insufficient for Improvement District No. FP-19-A4. 23-2701 approve Pass
  23. 11. Amendment No. 3 with Houston Engineering in the amount of $ 501,000.00 for Improvement District No. FP-19-A0. 23-2694 approve Pass
  24. 12. Access Easement (Storm Sewer, Sanitary Sewer and Water Main) and Access Easement (Storm Sewer Easement) with Southeast Cass Water Resource District for Improvement District No. BN-24-B1. 23-2699 approve Pass
  25. 13. Change Order No. 2 in the amount of $ 118,363.00 for Improvement District No. BN-23-F1. 23-2692 approve Pass
  26. 14. Change Order No. 1 in the amount of $ 27,267.50 and time extension to the final completion date to 2/28/25 for Improvement District No. BN-24-A1. 23-2691 approve Pass
  27. 15. Change Order No. 3 in the amount of $ 11,945.13 for Improvement District No. BR-24-F1. 23-2690 approve Pass
  28. 16. Negative Final Balancing Change Order No. 2 in the amount of $ -51,131.52 for Improvement District No. PR-24-E1. 23-2689 approve Pass
  29. 17. Negative Final Balancing Change Order No. 2 in the amount of $ -6,170.00 for Improvement District No. TN-23-A2. 23-2686 approve Pass
  30. 18. Bid award to Municipal Pipe Tool Company in the amount of $1,819,337.31 for Improvement District No. UR-24-F1. 23-2695 approve Pass
  31. 19. Contract and bond for Improvement District No. BN-24-B1. 23-2663 approve Pass
  32. 20. Contracts with Valley Green and All Terrain for snow and ice removal services (RFP24314). 23-2664 approve Pass
  33. 21. Bid award to Gast Construction in the amount of $62,150.00 for the North Parking Deck Repairs Assessment (RFQ24351). 23-2685 approve Pass
  34. 22. Items from the FAHR Meeting: a. Receive and file General Fund - Budget to Actual through 9/30/24. b. Receive and file General Fund -2024 Year End Projections as of September 2024. c. Amendment No. 3 to Agreement between City of Fargo and First Transit. d. Purchasing One Card Master Contract with JPMorgan Chase Bank, N.A. for PCard services. 23-2677 approve Pass
  35. 23. Change Order No. 21 in the amount of $2,011.00 for Fire Station No. 8 (general construction contract). 23-2679 approve Pass
  36. 24. Change Order No. 22 in the amount of $1,124.00 for Fire Station No. 8 (general construction contract). 23-2681 approve Pass
  37. 25. Change Order No. 23 in the amount of $1,890.00 for Fire Station No. 8 (general construction contract). 23-2683 approve Pass
  38. 26. Contract Agreement for Services with Southeast Human Service Center. 23-2667 approve Pass
  39. 27. Contract Agreement for Services with Liz Hannig. 23-2668 approve Pass
  40. 28. Contract Agreement for Services with Center Point Tactical, LLC. 23-2669 approve Pass
  41. 29. Amendment to Agreement with Tyler Technologies, Inc. (EX25013). 23-2693 approve Pass
  42. 30. Resolution approving Plat of Timber Parkway Eleventh Addition. 23-2678 approve Pass
  43. 31. Direct the City Attorney’s Office to draft revisions to Fargo Municipal Code Section 8-0305. 23-2675 approve Pass
  44. 32. Resolution Authorizing the Issuance and Sale of $15,000,000 City of Fargo Sales Tax and Water Revenue Bond and ND State Revolving Fund Program Loan Agreement with the ND Public Finance Authority for the Advanced Metering Infrastructure (AMI) Project (Project No. WA2402). 23-2674 approve Pass
  45. 33. Bills in the amount of $20,842,594.67. 23-2660 approve Pass
  46. 44 REGULAR AGENDA:
  47. 34. Recommendation to direct staff to prepare a winter warming plan: 23-2676 approve Pass ▶ jump to 11:23
  48. 46 *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm:
  49. 35. PUBLIC HEARING - Annexation of 243.16 acres, more or less as part of the West Half of Section 4, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota. 1st reading of annexation Ordinance. 23-2682 approve Pass ▶ jump to 29:16
  50. 35a. 1st reading 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. 23-2671 approve Pass ▶ jump to 32:05
  51. 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. 23-2661 approve Pass ▶ jump to 34:44
  52. 36. PUBLIC HEARING - Southwest Fargo Mission Second Addition (4475 40th Avenue South); approval recommended by the Planning Commission on 10/1/24: a. Zoning Change from GC, general Commercial with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay. 23-2684 approve Pass
  53. 36b. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in Southwest Fargo Mission Second Addition to the City of Fargo, Cass County, North Dakota. 23-2672 approve Pass ▶ jump to 32:39
  54. 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. 23-2661 approve Pass ▶ jump to 34:44
  55. 38. Applications for Property Tax Exemptions for Improvements Made to Buildings: a. Barret and Jennifer Wood, 2308 34 1/2 Avenue South (5 years). b. Katie Youngbauer and Kevin Roach, 1726 Whitestone Circle South (5 years). c. Eloise Haaland Life Estate, 733 Oak Street North (5 years). d. Drummond Family Revocable Living Trust ET AL, 1210 Elm Street North (5 years). e. Drummond Family Revocable Living Trust ET AL, 1210 Elm Street North (5 years). f. Derek and Lisa Johnson, 1326 4th Street North (5 years). g. Derek and Lisa Johnson, 1326 4th Street North (5 years). h. Derek and Lisa Johnson, 1326 4th Street North (5 years). i. Karen E. Balsbaugh Living Trust, 3208 Elm Street North (5 years). j. Karen E. Balsbaugh Living Trust, 3208 Elm Street North (5 years). k. Isaiah and Jennifer Bodensteiner, 3010 7th Street North (5years). l. Jason Schenheit and Elspeth Helblad, 1114 8th Street North (5 years). m. Kari Bollingberg, 1246 3rd Street North (5 years). 23-2673 approve Pass ▶ jump to 46:25
  56. 39. Liaison Commissioner Assignment Updates: ▶ jump to 46:46
  57. 40. Resident Comments: ▶ jump to 49:17
  58. 55 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.