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September 3, 2024 ·4:00 PM Final

Commission Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 75 items

  1. 2 Roll Call.
  2. 3 Mayor Mahoney announced the CIty Commission will retire into Executive Session in the Red River Room for the purpose of attorney consultation and to discuss whether to participate in the Class Action Settlements involving Tyco and BASF; and attorney consultation to discuss threatened litigation regarding an employment matter. To discuss these matters in open session would have an adverse fiscal effect on the bargaining or litigation position of the public entity. Therefore, an Executive Session for these matters is authorized pursuant to North Dakota Century Code §44-04-19.1 subsections 2, 5 and 9. approve Pass
  3. 3 At 4:02 o'clock p.m. the Board moved to the Red River Room to discuss the litigation matters in Executive Session.
  4. 4 Regular Meeting at 5:00 p.m. ▶ jump to 5:50
  5. 4 The Executive Session closed at 4:52 p.m. and the meeting reconvened in public session at 5:00 o'clock p.m. All Commissioners Present. Mayor Mahoney presiding. approve Pass
  6. 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.
  7. A. Pledge of Allegiance.
  8. 7 Roll Call. ▶ jump to 7:21
  9. 7 Order of Agenda: approve Pass
  10. 8 Approve Order of Agenda. ▶ jump to 14:09
  11. 8 Minutes approve Pass
  12. 9 Minutes (Regular Meeting, August 19, 2024). ▶ jump to 14:35
  13. 9 Consent Agenda:
  14. 10 CONSENT AGENDA – APPROVE THE FOLLOWING: ▶ jump to 14:48
  15. 1. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 23-0211 of Article 23-02 of Chapter 23 of the Fargo Municipal Code Relating to the Electrical Code; 1st reading, 8/19/24. 23-2457 approve Pass
  16. 2. 2nd reading, waive reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Schatz Fifth Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 8/19/24. 23-2459 approve Pass
  17. 3. Amended Findings of Fact, Conclusions and Order of the Board of City Commissioners of the City of Fargo for property located at 909 4th Street North. 23-2498 approve Pass
  18. 4. Site Authorization for Game of Chance: a. Fargo Youth Hockey Association at Fargo Youth Hockey Main Office. 23-2497 approve Pass
  19. 5. Applications for Games of Chance: a. Essentia Health Fargo Foundation for bingo/raffle on 10/3/24. b. Farm in the Dell of the Red River Valley for a raffle on 10/28/24. c. ND FFA Foundation for a raffle on 11/9/24. d. NDSU Agribusiness, Applied Econ for a raffle on 11/15/24. e. NDSU Foundation for a raffle on 9/21/24. f. St. John Paul II Catholic Schools for a raffle on 9/6/24. g. St. John Paul II Catholic Schools for a raffle on 4/26/25. 23-2473 approve Pass
  20. 6. Notice of Grant Award from the ND Department of Health and Human Services for EPR Statewide Response (CFDA #93.069). 23-2456 approve Pass
  21. 7. Bid award to Dakota Underground Company in the amount of $17,960,631.45 for Improvement District No. BR-23-G3 (NDDOT Project No. TMA-SU-8-984(169). 23-2493 approve Pass
  22. 8. Memorandum of Offer to Landowner for Permanent Easement (Storm Sewer and Utility) and Permanent Easement (Sidewalk) with Northern States Power Company (Improvement District No. PR-24-A1). 23-2492 approve Pass
  23. 9. US Department of the Interior US Geological Survey Joint Funding Agreement for Water Resource Investigations for installation and maintenance of a webcam monitoring system for the Red River at 2nd Street South. 23-2491 approve Pass
  24. 10. Pipeline License with BNSF Railway Company (Improvement District No. UR-24-C1). 23-2490 approve Pass
  25. 11. Change Order No. 3 in the amount of $ $23,469.07 for Improvement District No. BR-24-B1. 23-2487 approve Pass
  26. 12. Change Order No. 3 in the amount of $54,433.09 for Improvement District No. BR-24-A1. 23-2488 approve Pass
  27. 13. Negative Final Balancing Change Order No. 3 in the amount of -$50,999.20 for Improvement District No. BR-23-J1. 23-2485 approve Pass
  28. 14. Change Order No. 1 for time extensions to 6/13/25 for Substantial Completion Date and 7/14/25 for Final Completion Date for Improvement District No. BR-24-G1. 23-2482 approve Pass
  29. 15. Amendment No. 1 in the amount of $10,670.00 for Improvement District No. BR-26-B0. 23-2486 approve Pass
  30. 16. Easement (Temporary Construction Easement) with Sysco North Dakota, Inc. (Improvement District No. NR-24-C1). 23-2504 approve Pass
  31. 17. Create Improvement District No. UR-24-F (Sanitary Sewer Lining). 23-2503 approve Pass
  32. 18. Create Improvement District No. BN-24-B (New Paving and Utility Construction). 23-2501 approve Pass
  33. 19. Negative Final Balancing Change Order No. 2 in the amount of -$9,173.06 for Project No. UN-23-B2. 23-2484 approve Pass
  34. 20. NDDOT Cost Participation, Construction and Maintenance Agreements - LPA Federal Aid Projects for Red River Shared Use Path Phase 2 and Drain 27 Crossing (Project Nos. SN-24-A1 and SN-25-A1). 23-2489 approve Pass
  35. 21. Change Order No. 2 in the amount of $ $74,240.00 for Project No. NR-24-B2. 23-2480 approve Pass
  36. 22. Bid advertisement for Project No. UR-24-I (Sanitary Sewer Repair and Incidentals). 23-2502 approve Pass
  37. 23. Change Order No. 3 in the amount of $3,132.79 for Fire Station No. 8 (electrical construction contract). 23-2506 approve Pass
  38. 24. Change Orders for Fire Station 8 (general construction contract): a. No. 16 in the amount of $2,100.00 b. No. 17 in the amount of -$4,043.00 c. No. 18 in the amount of $6,608.60 23-2507 approve Pass
  39. 25. Items from the FAHR Staff meeting: a. Receive and file Sales Tax update. b. Authorization of up to $99,500.00 in funding from FARGODOME permanent fund for the purpose of hiring a firm to prepare a campaign of factual information pieces surrounding the planned FARGODOME remodel project. c. Approve MOU with Craftwell including City of Fargo’s share of landscaping initial costs of $6,980.00. d. Approve 2023 ACFR & Audit Report. e. Authorize contract amendment/extension (RFP22106) with czb, LLC as the consultant for the Fargo Growth Plan 2024. f. Approve funding sources for the NP Parking Garage construction. g. Approve Resolution identifying projects to be included in the Fall 2024 Tax-Exempt Appropriation Bond. 23-2500 approve Pass
  40. 26. Resolution approving Plat of Westrac Fifth Addition. 23-2495 approve Pass
  41. 27. Accept donation and budget adjustment for Police Department in the amount of $7,000.00 raised through Hometown Hero’s event. 23-2505 approve Pass
  42. 28. Extension of the 2022/2023 Services Agreements - Snow Hauling Trucking Services with Master Construction; Lenzmeier Trucking Inc.; and Diesel Dogs Trucking, LLC for the 2024/2025 snow season (RFP22137). 23-2463 approve Pass
  43. 29. Extension of the 2022/2023 Services Agreement ­- Sidewalk Snow and Ice Removal Services City Owned Properties with Turf Tamers LLC and Valley Green & Associates for the 2024/2025 snow season. (RFP22129). 23-2467 approve Pass
  44. 30. Extension of the 2023/2024 Street Snow Plowing Services Agreement with Master Construction Company for the 2024/2025 snow season (RFP23138). 23-2468 approve Pass
  45. 31. Extension of the 2022/2023 Services Agreement - Snow Groomer Equipment Services with Midwest Snow Services LLC for the 2024/2025 winter season with a 3% hourly price increase (RFP22156). 23-2469 approve Pass
  46. 32. Extension of the 2022/2023 Services Agreement - Sidewalk Snow and Ice Removal Services City Owned Properties with Valley Green & Associates for the 2024/2025 snow season (RFP22139). 23-2465 approve Pass
  47. 33. Interim Joint Powers Agreement with City of Moorhead for implementation of Transit Reorganization Study. 23-2499 approve Pass
  48. 34. ND Department of Transportation State Aid for Public Transit Agreement for FY 2025. 23-2477 approve Pass
  49. 35. Operation and maintenance surcharge increase for Southeast Cass Sewer District 89-1. 23-2474 approve Pass
  50. 36. Amendment No. 1 to Task Order No. 10 with AE2S in the amount of $42,400.00 for Improvement District No. BN-23-F0. 23-2475 approve Pass
  51. 37. Amendment No. 1 to Task Order No. 11 with AE2S in the amount of $21,900.00 for Project No. WW1707. 23-2476 approve Pass
  52. 38. Change Order No. 5 from PKG Contracting, Inc. in the amount of $523,095.00 for complete heating ventilation and plumbing improvements associated with the Trickling Filter Pump Station for Project WW1701 (Phase IIB Improvements). 23-2479 approve Pass
  53. 39. Task Order No. 12 with AE2S in the amount of $70,000.00 for preliminary engineering, final design and bidding services for Lift Station No. 62 improvements (Project No. WW2005). 23-2478 approve Pass
  54. 40. Bills in the amount of $17,840,649.26. 23-2460 approve Pass
  55. 51 REGULAR AGENDA:
  56. 51 Regular Agenda:
  57. 41. Construction update. 23-2494 ▶ jump to 15:07
  58. 41. Construction update. 23-2494 ▶ jump to 15:45
  59. 53 *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm:
  60. 42. PUBLIC HEARING - WITHDRAWN - 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 7/22/24 Regular Meeting. 23-2362 ▶ jump to 23:11
  61. 43. PUBLIC HEARING - Application for ownership change of a Class “GH” Alcoholic Beverage License from Slice, LLC to Blarney Stone Pub, LLC d/b/a Duane’s House of Pizza to be located at 1629 University Drive South. 23-2471 approve Pass ▶ jump to 24:35
  62. 44. PUBLIC HEARING - Application for Class “O” Alcoholic Beverage License for Agassiz Wine d/b/a Agassiz Wine to be located at 612 23rd Street South. 23-2470 approve Pass ▶ jump to 24:33
  63. 45. PUBLIC HEARING - Application to transfer a Class “A” Alcoholic Beverage License from Jones Enterprises, Inc. d/b/a Slammers to Jones Enterprises, Inc. d/b/a Xcalibur Entertainment located at 707 28th Avenue North. 23-2472 approve Pass ▶ jump to 25:47
  64. 46. 2nd reading and final adoption of an Ordinance Enacting Article 10-14 of Chapter 10 of the Fargo Municipal Code Relating to Camping on Public Property; 1st reading, 8/19/24. 23-2458 approve Pass ▶ jump to 27:30
  65. 58 2nd reading and final adoption of an Ordinance Enacting Article 10-14 of Chapter 10 of the Fargo Municipal Code Relating to Camping on Public Property; 1st reading, 8/19/24. 23-2458 approve Pass ▶ jump to 27:30
  66. 46a. Recommendation to adopt a Resolution Regarding Ordinance Prohibiting Camping on Public Property and Rights of Way in the City of Fargo. 23-2509 approve Pass
  67. 47. Department updates on The Arbors. 23-2508 ▶ jump to 72:03
  68. 60 Recommendation to adopt a Resolution Regarding Ordinance Prohibiting Camping on Public Property and Rights of Way in the City of Fargo. 23-2509
  69. 48. Recommendation for appointments to the Housing and Redevelopment Authority. 23-2461 approve Pass ▶ jump to 93:43
  70. 49. Applications for Property Tax Exemptions for Improvements Made to Buildings: a. Benjamin Balas and Erin Conwell, 1258 4th Street North (5 years). b. James and Deneen Gilmour, 3061 Bohnet Boulevard North (5 years). c. Nelvin and Jeanette Miller, 323 21st Street South (5 years). d. Howard and Kathleen Fulks, 1719 10th Street South (5 years). 23-2496 approve Pass ▶ jump to 94:00
  71. 50. Liaison Commissioner Assignment Updates: There were no liaison reports. ▶ jump to 94:20
  72. 51. 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 94:31
  73. 64 Liaison Reports:
  74. 65 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.
  75. 65 Resident Comments: