City Commission

Commission Chambers

Agenda — 67 items

1. 1 Regular Meeting at 5:00 p.m.
2. 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.
3. A. Pledge of Allegiance. ▶ jump to 5:03
4. B. Roll Call. ▶ jump to 5:25
5. 4 Order of Agenda: approve Pass
6. C. Approve Order of Agenda. ▶ jump to 17:23
7. 5 Minutes: approve Pass
8. D. Minutes (Regular Meeting, June 10, 2024). ▶ jump to 17:44
9. 6 Consent Agenda:
10. 7 CONSENT AGENDA – APPROVE THE FOLLOWING: ▶ jump to 17:58
11. 1. Resolution Establishing the Board of City Commissioners as the Finance Committee of the City of Fargo. 23-2249 approve Pass
12. 2. Applications for Games of Chance: a. El Zagal Shrine Temple for a calendar raffle 1/1/25-6/30/25. b. El Zagal Shrine Temple for a calendar raffle 7/1/25-12/31/25. c. Fargo Masonic Advisory Board for a raffle on 8/14/24. d. ND Grand Chapter OES for a raffle on 6/5/25. e. ND Grand Chapter OES for a raffle on 6/5/25. f. North Dakota Solid Waste and Recycling Association for a raffle on 10/23/24. 23-2234 approve Pass
13. 3. Site Authorizations for Games of Chance: a. Sharehouse Inc. at Speck’s Bar. 23-2239 approve Pass
14. 4. Permanent Easement with Keith A. Ernst and Linda Vogle, as Trustees of the Fred M. Hector, Jr. Revocable Trust (Project No. DR-21-A1). 23-2214 approve Pass
15. 5. Bid advertisement for Project No. DR-21-A. 23-2203 approve Pass
16. 6. Bid advertisement for Project No. UR-24-A. 23-2204 approve Pass
17. 7. Negative Final Balancing Change Order No. 2 in the amount of -$80,644.44 for Project No. BP-23-02. 23-2207 approve Pass
18. 8. Contract and bond for Project No. UR-24-H1. 23-2235 approve Pass
19. 9. Developer Agreement with EagleRidge Development, LLC for Selkirk Place Second Addition. 23-2218 approve Pass
20. 10. Consent to Construction with Furst Stolz Development, LLC for property located at 4102 19th Avenue North. 23-2212 approve Pass
21. 11. Memorandum of Offer to Landowner for Permanent Easements (Street and Utility) and (Utility) with Cornerstone Bank (Improvement District No. PR-24-A1). 23-2216 approve Pass
22. 12. Bid award to Master Construction Co Inc. in the amount of $120,032.00 for Improvement District No. AN-24-B1. 23-2213 approve Pass
23. 13. Change Order No. 1 for a time extension to the interim completion date for Phase 1 of Improvement District No. BR-24-E1. 23-2209 approve Pass
24. 14. Change Order No. 2 for a time extension to the interim completion dates for Phase 1A and Phase 1B for Improvement District No. BR-24-A1. 23-2206 approve Pass
25. 15. Contract and bond for Improvement District BN-23-G1. 23-2238 approve Pass
26. 16. Create Improvement District No. BR-23-G (Paving and Utility Rehab/Reconstruction). 23-2215
27. 17. Set July 8, 2024 at 5:15 p.m. as the date and time for a Public Hearing on a dangerous building located at 1011 University Drive North. 23-2243 approve Pass
28. 18. Purchase of Service Agreement with Fargo Public School District. 23-2227 approve Pass
29. 19. Purchase of service agreement with Mapleton Public School District. 23-2225 approve Pass
30. 20. Purchase of service agreement with Kindred Public School District. 23-2226 approve Pass
31. 21. Notice of Grant Award from the ND Department of Health and Human Services for boosting immunization rates through LPHUs (CFDA #93.268). 23-2241 approve Pass
32. 22. Notice of Grant Award from the ND Department of Health and Human Services for LPHU Tobacco Prevention and Control Program. 23-2244 approve Pass
33. 23. Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) 2024 Action Plan, Proposed Amendments to the 2023 HUD Action Plan, Proposed Amendments to the 2020-2024 HUD Consolidated Plan and Proposed Amendments to the Citizen Participation Plan. 23-2248 approve Pass
34. 24. Purchase Agreement with Red River Properties, LLP. 23-2246 approve Pass
35. 25. Direct the City Attorney to prepare amendments to Fargo Municipal Code, Section 11-0907 - Relating to Penalty for Littering of Public Places by Contractors. 23-2233 approve Pass
36. 26. Change Order No. 3 from PKG Contracting, Inc. for Time Extension from May 31, 2024 to June 01, 2025 for Project No. WW1701. 23-2240 approve Pass
37. 27. Task Order No. 23, Amendment No. 1 with Apex Engineering Group in the amount of $715,250.00 for Project No. WW1701. 23-2236 approve Pass
38. 28. Bid award to CC Steel, LLC in the amount of $5,660,000.00 for Project No. WA2451. 23-2230 approve Pass
39. 29. Bills in the amount of $8,475,557.20. 23-2196 approve Pass
40. XA. Alcoholic Beverage and Live Entertainment license renewals 2024. 23-2253 approve Pass
41. XB. Gaming Site Authorization for the ND Horse Park Foundation at the Fargo Horse Park. 23-2254 approve Pass
42. 39 REGULAR AGENDA:
43. 30. Recommendation for appointments to the following Commissions: a. Special Assessment Commission b. Planning Commission. 23-2252 approve Pass ▶ jump to 18:22
44. 31. Municipal Airport Authority Annual Report and Request for 2025 Mill Levy. 23-2251 ▶ jump to 24:18
45. 30. Recommendation for appointments to the following Commissions: a. Special Assessment Commission b. Planning Commission. 23-2252 approve Pass ▶ jump to 18:22
46. 42 *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm:
47. 30. Recommendation for appointments to the following Commissions: a. Special Assessment Commission b. Planning Commission. 23-2252 approve Pass ▶ jump to 18:22
48. 32. PUBLIC HEARING - CONTINUE to 7/8/24 - 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 Regular Meeting. 23-2162 approve Pass ▶ jump to 34:33
49. 33. PUBLIC HEARING - CONTINUE TO 7/22/24 - Application for a Class “CW” Alcoholic Beverage License for PKPham Inc d/b/a The Nail Company to be located at 2911 45th Street South; continued from the 5/28/24 Regular Meeting. 23-2200 approve Pass ▶ jump to 35:06
50. 34. PUBLIC HEARING - CONTINUE TO 7/22/24 - Application for a Class “F” Alcoholic Beverage License for Martini Blu at the Grotto LLC d/b/a Martini Blu at the Grotto to be located at 3233 45th Street South. 23-2217 approve Pass ▶ jump to 35:40
51. 35. PUBLIC HEARING - Hearing on a dangerous building located at 909 4th Street North. 23-2245 approve Pass ▶ jump to 36:09
52. 36. PUBLIC HEARING - Hearing on a dangerous building located at 1449 4th Avenue South. 23-2247 approve Pass ▶ jump to 49:02
53. 37. PUBLIC HEARING - Selkirk Place Second Addition (6655 Selkirk Drive South); approval recommended by the Planning Commission on 6/4/2024: a. Zoning Change from AG, Agricultural and GC, General Commercial to MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay, SR-4, Single-Dwelling Residential, and SR-5, Single-Dwelling Residential. b. Plat of Selkirk Place Second Addition. 23-2232 approve Pass ▶ jump to 56:16
54. 37c. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in Selkirk Place Second Addition to the City of Fargo, Cass County, North Dakota. 23-2220 approve Pass
55. 38. PUBLIC HEARING - Rocking Horse Farms Seventh Addition (5155 59th Street South); approval recommended by the Planning Commission 5/7/24: a. Zone Change from AG, Agricultural to LC, Limited Commercial with a C-O, Conditional Overlay. b. Plat of Rocking Horse Farm Seventh Addition. 23-2242 approve Pass ▶ jump to 61:04
56. 38c. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in Rocking Horse Farm Seventh Addition to the City of Fargo, Cass County, North Dakota. 23-2222 approve Pass
57. 39. PUBLIC HEARING - Chas A. Roberts Addition (901 9th Street South); approval recommended by the Planning Commission on 6/2/204: a. Zoning Change to repeal a C-O, Conditional Overlay. 23-2223 approve Pass ▶ jump to 63:27
58. 39b. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in Chas A. Roberts Addition to the City of Fargo, Cass County, North Dakota. 23-2221 approve Pass
59. 40. PUBLIC HEARING - Appeal of a Board of Adjustment decision on a variance request at 97 23rd Avenue North to allow an overhead structure (pergola/gazebo) to encroach in the required front setback in the SR-2, Single-Dwelling Residential Zoning District as outlined in Fargo Municipal Code 20-05; denied by the Board of Adjustment on 5/28/24. 23-2229 approve Pass ▶ jump to 66:58
60. 41. Flood Project Update. a. Recommendation to adopt the Resolution of Necessity to acquire 1502 and 1514 South River Road South (Project No. FM-15-J). 23-2219 adopt Pass ▶ jump to 95:08
61. 42. Adopt Transit Reorganization Study and approve steps to address employment matters and interim Joint Powers Agreement (JPA) development for consideration and approval. 23-2237 adopt Pass ▶ jump to 112:09
62. 43. Items from the FAHR Staff meeting: a. Receive and file General Fund - YTD May 2024 Budget to Actual b. Increase Grant Award to Southeast Human Service Center Contract from $16,635.00 to $18,463.00. c. Authorize application for the EECGB grant for funding to support sustainability in City operations. 23-2228 approve Pass ▶ jump to 126:51
63. 44. Presentation on Homeless Camps in the City of Fargo. 23-2250 approve Pass ▶ jump to 128:44
64. 45. Liaison Commissioner Assignment Updates. ▶ jump to 156:47
65. 46. 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 160:36
66. 61 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.
67. 46. Resident Comments: