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July 8, 2024 ·4:30 PM Final

Commission Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 59 items

  1. 3 Mayor Mahoney announced the Board of City Commissioners will retire into Executive Session in the Red River Room for the purpose of attorney consultation regarding potential opioid litigation with Indivior, Inc. and/or Mylan N.V., to receive its attorneys’ advice and guidance on the legal risks, strengths and weaknesses of an action of a public entity, which, to discuss these matters in open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City. Thus, an Executive Session for these matters is authorized pursuant to North Dakota Century Code 44-04-19.1 subsections 2, 5 and 9. At 4:34 o'clock p.m.. the Board moved to the Red River Room to discuss the litigation matter in Executive Session. Members present were: Kolpack, Piepkorn, Strand, Turnberg and Mahoney.
  2. 4 Regular Meeting at 5:00 p.m. ▶ jump to 3:19
  3. 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.
  4. 6 Pledge of Allegiance. ▶ jump to 4:31
  5. 7 Roll Call: ▶ jump to 4:40
  6. 7 Consent Agenda:
  7. 8 Order of Agenda: approve Pass ▶ jump to 9:10
  8. 9 Municipal Judge Steve Dawson administered the Oath of Office to City Commissioners John Strand and Michelle Turnberg. ▶ jump to 9:21
  9. 10 Minutes: approve Pass ▶ jump to 11:44
  10. 11 CONSENT AGENDA – APPROVE THE FOLLOWING: ▶ jump to 11:51
  11. 1. Interest Buydown Agreement - Pace Program with the Bank of North Dakota received by the Roosevelt Family Lofts LLC. 23-2288 approve Pass
  12. 2. Letter of Support for the APH Stores Project to the ND Opportunity Fund Consortium. 23-2290 approve Pass
  13. 3. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Selkirk Place Second Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 6/24/24. 23-2260 approve Pass
  14. 4. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Chas A. Roberts Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 6/24/24. 23-2261 approve Pass
  15. 5. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Rocking Horse Farm Seventh Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 6/24/24. 23-2262 approve Pass
  16. 6. Findings of Fact, Conclusions and Order of the Board of City Commissioners of the City of Fargo and Notice of Entry of Order for property located at 1449 4th Avenue South. 23-2294 approve Pass
  17. 7. Findings of Fact, Conclusions and Order of the Board of City Commissioners of the City of Fargo and Notice of Entry of Order for property located at 909 4th Street North. 23-2295 approve Pass
  18. 8. Accept the results of the Cass County Canvassing Board for the June 11, 2024 Primary election and declare candidates elected. 23-2265 approve Pass
  19. 9. Applications for Games of Chance: a. EagleRidge Legacy Fund, Inc. for a raffle 7/18/24. b. El Zagal Provost for a sports pool 9/8/24-1/5/25. c. Fargo Gateway Lions for a raffle on 7/16/24. d. Fargo North High School for a raffle 7/23/24. e. Fargo North High School for a raffle 4/5/25. f. Fargo North High School for a raffle 11/11/24-2/14/25. g. Fargo North High School for a raffle 12/7/24. h. Fargo North High School for a raffle 8/8/24-2/21/25 i. Holy Spirit Catholic Church for a raffle 10/13/24. j. North Dakota Backcountry Hunters & Anglers for a raffle on 8/1/24 k. St Anthony of Padua Parish for a raffle on 9/29/24. 23-2264 approve Pass
  20. 10. Extension of a Class “N” Alcoholic Beverage License for Horse Race North Dakota d/b/a The North Dakota Horse Park until 6/30/25. 23-2298 approve Pass
  21. 11. Change Order No. 2 in the amount of $19,225.19 and time extension for Project No. FM-21-A2. 23-2306 approve Pass
  22. 12. Bid award to Asphalt Surface Tech Corp in the amount of $538,918.12 for Project No. PR-24-F2. 23-2311 approve Pass
  23. 13. Final Balancing Change Order No. 4 in the amount of $ 34,758.84 for Improvement District No. BN-23-C1. 23-2304 approve Pass
  24. 14. Final Balancing Change Order No. 2 in the amount of $ 14,992.50 for Improvement District No. PR-23-E1. 23-2307 approve Pass
  25. 15. Memorandum of Offer to Landowner for an Easement (Temporary Construction Easement) with Cass Oil, LLC (Improvement District No. BR-23-G2). 23-2308 approve Pass
  26. 16. Contract and bond for Improvement District No. AN-24-B1. 23-2286 approve Pass
  27. 17. Certificate of Substantial Completion for Newman Outdoor Field Exiting Improvements 2023-2024 Project (RFQ18084). 23-2266 approve Pass
  28. 18. Eleventh Amended Lease Agreement with North Dakota State University and Fargo Dome Authority. 23-2285 approve Pass
  29. 19. NDDES FY 2024 Emergency Management Performance Grant Application (CFDA #97.042). 23-2291 approve Pass
  30. 20. Notice of Grant Award from ND Department of Health and Human Services for increasing immunization rates (CFDA #93.268). 23-2279 approve Pass
  31. 21. Notice of Grant Award from ND Department of Health and Human Services for PHEP-EPR All Hazards Allocation (CFDA #93.069). 23-2280 approve Pass
  32. 22. Notice of Grant Award from ND Department of Health and Human Services for Women’s Way program (CFDA #93.898). 23-2281 approve Pass
  33. 23. Notice of Grant Award Amendment from the ND Department of Health and Human Services for PHEP workforce supplemental funding (CFDA #93.354). 23-2277 approve Pass
  34. 24. Financial Award from ND Housing Finance Agency for emergency shelter operations. 23-2278 approve Pass
  35. 25. Agreement for Provision of Health Services for Cass County by Fargo Cass Public Health. 23-2282 approve Pass
  36. 26. Bid award to Sanitation Products Inc. in the amount $357,585.00 for the purchase of one High Compaction Front Load Refuse Truck (RFP24242). 23-2287 approve Pass
  37. 27. Lease Agreements with the Diocese of Fargo and Fargo Public School District for recycling drop sites. 23-2263 approve Pass
  38. 28. Bid award to Poynette Iron Works in the amount of $362,390.00 for front load containers (RFP24228). 23-2267 approve Pass
  39. 29. Mass Transit Agreement with the City of West Fargo. 23-2309 approve Pass
  40. 40 Regular Agenda:
  41. 30. Exempt Purchase from Filmtec Corporation in the amount of $124,650.00 for Effluent Reuse Facility Ultra Filtration Membranes (EX24254). 23-2268 approve Pass
  42. 31. Bills in the amount of $8,474,687.20. 23-2259 approve Pass
  43. 43 REGULAR AGENDA:
  44. 32. Update on the Grants Pass Ruling. 23-2289 ▶ jump to 12:10
  45. 45 *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm:
  46. 33. PUBLIC HEARING - CONTINUE to 7/22/24 Hearing to consider a Renewal Plan and Developer Agreement with JS2L Partners, LLP for the Tax Increment Financing District No. 2024-01 (600 Block of 4th Street North); continued from the 6/10/24 and 6/24/24 Regular Meetings. 23-2256 approve Pass ▶ jump to 19:36
  47. 34. PUBLIC HEARING - Hearing on a dangerous building located at 1011 University Drive North. 23-2258 approve Pass ▶ jump to 20:11
  48. 35. PUBLIC HEARING - Vacation Plat of a portion of 5th Avenue North right-of-way adjacent to Block 23, Leach and Wells Subdivision (421 4th Street North adjacent to 415 4th Street North); approval recommended by the Planning Commission on 6/4/24. 23-2283 approve Pass ▶ jump to 38:27
  49. 36. PUBLIC HEARING - Vacation Plat of the West 23.5 feet of 22nd Street North right of way between 7th and 8th Avenues North, adjacent to Lots 1 and 21 of First Industrial Subdivision of Beardsley’s Addition (2213 7th Avenue North); approval recommended by the Planning Commission on 4/2/24. 23-2300 approve Pass ▶ jump to 42:38
  50. 37. PUBLIC HEARING - Cityside Addition (202, 208, 210 and 212 6th Avenue North; 509, 511 and 515 3rd Street North); approval recommended by the Planning Commission on 12/5/23: a. Zoning Change from MR-3, Multi-Dwelling Residential to DMU, Downtown Mixed Use. b. 1st reading of rezoning Ordinance. c. Plat of Cityside Addition. 23-2301 approve Pass ▶ jump to 45:38
  51. 37b. 1st reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Cityside Addition to the City of Fargo, Cass County, North Dakota. 23-2293 approve Pass
  52. 38. PUBLIC HEARING - Community Development Block Grant (CDBG) and HOME Program Proposed Amendment to the 2023 HUD Action Plan. 23-2284 ▶ jump to 48:40
  53. 39. Request for licensing of a Scooter Rental business; staff is recommending denial of this request. 23-2303 deny Pass ▶ jump to 50:41
  54. 40. Recommendation for approval of the items from the FAHR Staff meeting: a. Receive and File - Sales Tax Update. b. Accept the Badges of Unity donation and budget adjustment in the amount of $158,790.07 to cover all of the costs associated with travel to Washington, DC for the National Police Week Memorial. c. Reclassification of the vacant Engineering Technician III position. d. Authorize the Health Department to add two Home Health Aide contract positions for the school year, contracts will be billed back to Fargo Public Schools. 23-2310 approve Pass ▶ jump to 58:44
  55. 41. Recommendation for Commission Liaison assignments. 23-2297 approve Pass ▶ jump to 60:45
  56. 42. Recommendation for appointment of a Deputy Mayor. 23-2299 approve Pass ▶ jump to 63:41
  57. 43. Liaison Commissioner Assignment Updates. ▶ jump to 64:51
  58. 44. Resident Comments: ▶ jump to 70:41
  59. 59 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.