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City Commission

September 30, 2024 ·5:00 PM Final

Commission Chambers

Agenda — 66 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. A. Pledge of Allegiance. ▶ jump to 12:16
  3. 4 Roll Call. ▶ jump to 12:33
  4. 5 Approve Order of Agenda: approve Pass ▶ jump to 14:11
  5. 6 Minutes (Regular Meeting, September 16, 2024). ▶ jump to 14:29
  6. 6 Minutes: approve Pass
  7. 7 CONSENT AGENDA – APPROVE THE FOLLOWING: ▶ jump to 14:45
  8. 7 Consent Agenda:
  9. 1. 2nd reading, waive reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Harwood’s 4th Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 9/16/24. 23-2554
  10. 2. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Legacy I Eighth Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 9/16/24. 23-2555 approve Pass
  11. 3. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Legacy I Eighth Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 9/16/24. 23-2556 approve Pass
  12. 4. Renewal of the Alcoholic Beverage and Live Entertainment Licenses until 9/30/25, contingent upon all essential requirements for renewal are met by 9/30/24. 23-2584 approve Pass
  13. 5. Applications for Games of Chance: a. 4 Luv of Dog Rescue for a raffle on 11/2/24. b. Eagles Elementary PTA for bingo on 10/25/24 & 2/1/25. c. Family Wellness for a raffle on 10/24/24. d. Fargo South High School for a raffle on 10/22/24-2/25/25. e. Kennedy Elementary PTA for a raffle on 10/25/24. f. Sts. Anne & Joachim Catholic Church for a raffle on 11/10/24. g. United Way of Cass-Clay for a raffle on 11/29/24. h. Women’s Care Center (Firstchoice Clinic) for bingo on 10/15/24. 23-2561 approve Pass
  14. 6. Consent to Construction with JBJ Properties, LLC for a parking lot located at 5508 and 5418 53rd Avenue South. 23-2592 approve Pass
  15. 7. Conduit Lease Agreement with VAL-ED Joint Venture, LLP d/b/a 702 Communications for conduit in the 4th Street Duct Bank. 23-2595 approve Pass
  16. 8. Variance Acknowledgement and Liability Waiver with Riverside Cemetery Association to construct an ossuary and columbarium structure at 2102 5th Street South. 23-2597 approve Pass
  17. 9. Encroachment Agreement (Bus Pullout) with Oak Grove Lutheran School for a bus pullout at 2710 32nd Avenue South. 23-2598 approve Pass
  18. 10. Agreements Regarding Deferral of Special Assessments with A & T Land Co. LLC for properties located at 6000 45th Street South, 6132 45th Street South, 6679 45th Street South and 6897 45th Street South. 23-2590 approve Pass
  19. 11. Negative Final Balancing Change Order No. 1 in the amount of $ -192,930.10 for Project No. PR-21-E1. 23-2600 approve Pass
  20. 12. Memorandum of Understanding Regarding Construction and Maintenance with the Park District of the City of Fargo for the River Drive Shared Use Path (Improvement District No. SN-14-A1). 23-2593 approve Pass
  21. 13. Memorandum of Understanding Regarding Construction and Maintenance with the Park District of the City of Fargo for the Drain 27 Shared Use Path (Improvement District No. SN-25-A0). 23-2594 approve Pass
  22. 14. Change Order No. 3 in the amount of $4,614.50 and time extension to the final completion date to 2/14/25 for Improvement District No. BN-23-E1. 23-2601 approve Pass
  23. 15. Reimbursement to St. Mary’s Cathedral in the amount of $12,587.17 for repair of their sprinkler system damaged during construction (Improvement District No. BR-23-C1). 23-2599 approve Pass
  24. 16. Create Improvement District No. BR-25-A (Paving and Utility Rehab/Reconstruction). 23-2591 approve Pass
  25. 17. Contract and bond for Improvement District No. BR-23-G3. 23-2573 approve Pass
  26. 18. Bid Award to Valley Green and All-Terrain for snow and ice removal services (RFP24314). 23-2583 approve Pass
  27. 19. Items from the FAHR Staff Meeting: a. Receive and file General Fund - Budget to Actual through 8/31/24. b. Fire Department Budget adjustment in the amount of $150.00. c. ND Department of Transportation Traffic Safety Contract in the amount of $49,000.00 for the Fargo Police Department (CFDA #s 20.600, 20.608 and 20.616). d. Revised plans for the Parking Garage on NP Avenue. 23-2603 approve Pass
  28. 20. Authorize the City Attorney’s Office to sign a letter of support to the FAA for the Certificate of Waiver/Authorization for the Red River Valley Unmanned Aircraft Systems Unit. 23-2602 approve Pass
  29. 21. Memorandum of Understanding Related to the Joint Training Program for West Fargo and Fargo Fire Department Recruits. 23-2596 approve Pass
  30. 22. Master Service Agreement with AdShark (RFP24278). 23-2562 approve Pass
  31. 23. Agreement for Services with Clay County Public Health. 23-2563 approve Pass
  32. 24. Notice of Grant Award from the ND Department of Health and Human Services for PHEP City Readiness Initiative (CFDA #93.069). 23-2564 approve Pass
  33. 25. Notice of Grant Award from the ND Department of Health and Human Services for HIV.HCV Counseling, Testing and Referral (CFDA #93.940). 23-2565 approve Pass
  34. 26. Notice of Grant Award from ND Department of Health and Human Services for Combatting Obesity (CFDA #93.991). 23-2566 approve Pass
  35. 27. Notice of Grant Award from the ND Department of Health and Human Services for PHEP-EPR All Hazards (CFDA #93.069). 23-2567 approve Pass
  36. 28. Contract Agreement for Services with New Life Center. 23-2569 approve Pass
  37. 29. Contract Agreement for Services with New Roots Midwest. 23-2568 approve Pass
  38. 30. Contract Agreement for Services with Soul Solutions. 23-2572 approve Pass
  39. 31. Contract Agreement for Services with Southpointe Pharmacy. 23-2581 approve Pass
  40. 32. Contract Agreement for Services with Kelly Buettner-Schmidt. 23-2582 approve Pass
  41. 33. Letter of Support for the EPA 319 Grant Proposal. 23-2580 approve Pass
  42. 34. Amendment No. One to Consulting Agreement with czb, LLC for Land Development Code and Incentive Policy Updates (RFP22159). 23-2579 approve Pass
  43. 35. Exempt Purchase from Butler Machinery in the amount of $144,701.97 for the Solid Waste Landfill Gas Generator maintenance and top end overhaul (EX24336). 23-2589 approve Pass
  44. 36. Task Order No. 1 with HDR Engineering, Inc. in the amount of $179,130.00 for the reconditioning and piping improvements for Water Tower No. 6 Project. 23-2570 approve Pass
  45. 37. Amendment No. 1 to Task Order No. 22 with AE2S in the amount of $96,850.00 for Project No. WA2152. 23-2571 approve Pass
  46. 38. Bills in the amount of $14,155,780.13. 23-2559 approve Pass
  47. 46 REGULAR AGENDA:
  48. 39. Recommendation to approve the purchase of FLOCK Safety technology from the Flock Group, Inc. for the Fargo Police Department (SSP24324). 23-2585 approve Pass ▶ jump to 15:03
  49. 47 Regular Agenda:
  50. 48 *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm:
  51. 40. PUBLIC HEARING - The Pines at the District Second Addition and The Pines at the District Addition (4400 56th Avenue South and 5691 43rd Street South); approval recommended by the Planning Commission on 9/5/24: a. Zoning Change from MR-3, Multi-Dwelling Residential and LC, Limited Commercial with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay. 23-2586 approve Pass ▶ jump to 29:20
  52. 40b. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in The Pines at the District Second Addition to the City of Fargo, Cass County, North Dakota. 23-2587 approve Pass
  53. 40c. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in The Pines at the District Addition to the City of Fargo, Cass County, North Dakota. 23-2588 approve Pass
  54. 41. PUBLIC HEARING - Renaissance Zone Rehabilitation Project for TA Investments, LLC (Project 366-F) for the rehabilitation of a residential property located at 315 Main Avenue. 23-2578 approve Pass ▶ jump to 34:37
  55. 42. PUBLIC HEARING - Special Assessment of Business Improvement District (BID) fees, unpaid utility bills and maintenance of skyway system. 23-2574 approve Pass ▶ jump to 38:27
  56. 43. PUBLIC HEARING - Special Assessment List for 2024 New and Reconstruction of City Ordered Sidewalks (Project No. SR-23-A). 23-2575 approve Pass ▶ jump to 41:04
  57. 44. PUBLIC HEARING - Special Assessment List for 2024 New and Reconstruction of City Ordered Sidewalks (Project No. SR-23-B). 23-2576 approve Pass ▶ jump to 41:09
  58. 45. PUBLIC HEARING - Special Assessment List for the following Improvement Districts, all having been approved by the Special Assessment Commission on 8/29/24: a. New Paving and Utility Construction Improvement District No. BN-22-C. b. New Utility and Paving Construction Improvement District No. BN-22-F. c. New Paving and Utility Construction Improvement District No. BN-22-G. d. New Paving and Utility Construction Improvement District No. BN-22-L. e. New Paving and Utility Construction Improvement District No. BN-23-C. f. Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-A. g. Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B. h. Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-C. i. Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-B. j. Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-C. k. Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E. l. Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-F. m. Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-H. n. Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-J. o. New Paving Construction Improvement District No. PN-22-M. p. Asphalt Wear Course Improvement District No. PN-23-A. q. New Paving Construction Improvement District No. PN-23-E. r. Seal Coat Improvement District No. PR-23-C. s. Asphalt Mill and Overlay Improvement District No. PR-23-E. t. Asphalt Mill and Overlay Improvement District No. PR-23-G. u. New Utility Construction Improvement District No. UN-23-A. v. Utility Rehab/Reconstruction Improvement District No. UR-23-A. 23-2577 approve Pass ▶ jump to 43:09
  59. 57 Preliminary Budget as the Final Budget for 2025 and the Proposed Tax Levies Approved: a. Recommendation from Commissioner Strand to amend the 2025 Budget. 23-2558 approve Pass ▶ jump to 49:31
  60. 46. Preliminary Budget as the Final Budget for 2025 and the Proposed Tax Levies Approved: a. Recommendation from Commissioner Strand to amend the 2025 Budget. 23-2558 ▶ jump to 49:31
  61. 47. Liaison Commissioner Assignment Updates. ▶ jump to 139:29
  62. 58 Preliminary Budget as the Final Budget for 2025 and the Proposed Tax Levies Approved: a. Recommendation from Commissioner Strand to amend the 2025 Budget. 23-2558 ▶ jump to 49:31
  63. 48. 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). ▶ jump to 143:13
  64. 60 The time at adjournment was 7:13 o’clock p.m.
  65. 47. Liaison Commissioner Assignment Updates:
  66. 48. Resident Comments: