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City Commission

June 10, 2024 ·5:00 PM Final

Commission Chambers

Agenda — 66 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. 3 Pledge of Allegiance. ▶ jump to 7:13
  4. 3 Order of Agenda: approve Pass
  5. B. Roll Call. ▶ jump to 7:36
  6. 4 Minutes: approve Pass
  7. 5 Approve Order of Agenda. ▶ jump to 13:33
  8. 5 Consent Agenda:
  9. 6 Minutes (Regular Meeting, May 28, 2024). ▶ jump to 13:54
  10. 7 CONSENT AGENDA – APPROVE THE FOLLOWING: ▶ jump to 14:16
  11. 1. Letter of Support for the YWCA childcare project to the ND Opportunity Fund Consortium. 23-2170
  12. 2. Receive and file the Summons and Complaint relating to the U.S. Bank National Association v. Lori Jill Eveland, et al. 23-2183 approve Pass
  13. 3. Receive and file the Summons and Complaint relating to the Michelle Kommer and HighRoad Partners, LLC v. City of Fargo. 23-2184 approve Pass
  14. 4. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 20-0401 of Article 20-04 of Chapter 20 of the Fargo Municipal Code (Land Development Code) Relating to Use Regulations; 1st reading, 5/28/24. 23-2155 approve Pass
  15. 5. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 25-1509.1 (D) of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages; 1st reading, 5/28/24. 23-2156 approve Pass
  16. 6. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 25-1506 (CC) of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages; 1st reading, 5/28/24. 23-2157 approve Pass
  17. 7. 2nd reading, waive reading and final adoption of an Ordinance Amending Sections 25-1501 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages; 1st reading, 5/28/24. 23-2158 approve Pass
  18. 8. 2nd reading, waive reading and final adoption of an Ordinance Amending Sections 25-1503 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages; 1st reading, 5/28/24. 23-2159 approve Pass
  19. 9. 2nd reading, waive reading and final adoption of an Ordinance Amending Sections 25-1509 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages; 1st reading, 5/28/24. 23-2160 approve Pass
  20. 10. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 11-0209 of Article 11-02 of Chapter 11 of the Fargo Municipal Code Relating to Public and Sanitary Nuisances; 1st reading, 5/28/24. 23-2161 approve Pass
  21. 11. Site Authorizations for Games of Chance: a. Arc Upper Valley at CJ’s Tavern. b. Arc Upper Valley at Suite Shots. c. Fargo Post 2 Baseball Club at El Zagal. d. Fargo Post 2 Baseball Club at Herds and Horns. e. Horse Race North Dakota at Chub’s Pub. f. North Dakota Horse Park Foundation at Edgewood Tavern. g. Horse Race North Dakota at Labby’s Bar & Grill. h. Horse Race North Dakota at Sickies Garage. i. Horse Race North Dakota at Sidestreet Grille & Pub. j. Horse Race North Dakota at The Old Broadway. k. North Dakota Horse Race Foundation at The Boiler Room. l. Northern Prairie Performing Arts at 701 Eateries. m. Roy Chandler Post 762 at VFW Club. n. Special Olympics North Dakota at Rooters Bar. o. Team Makers Club, Inc. at Fargo Dome. p. West Fargo Baseball, Inc. at Puerto Vallarta Bar and Grill. 23-2132 approve Pass
  22. 12. Applications for Games of Chance: a. Easton Hoffman Benefit for a raffle 7/17/24; Public Spirited Resolution. b. Steve Weidner FM Junior Tour for a raffle 7/1/24-6/30/25. c. Veterans Honor Flight of ND/MN for a raffle 10/7/24-6/30/25. d. Villa Nazareth dba CHI Friendship for a raffle 10/11/24. 23-2133 approve Pass
  23. 13. First Amendment to Agreement with Passport Labs, Inc. for citation management and parking services until 12/31/24. 23-2186 approve Pass
  24. 14. Farm Lease (Oak Grove) with Chad Johnson and Kyle Johnson for 5636, 5638, 6054 and 6056 Veterans Boulevard South. 23-2176 approve Pass
  25. 15. Site Amenities and Project Plan - Interstate Business District Addition Amendment No. 1 and Amendment to Developer Agreements with Storage Kings ND, LLC and ARD Properties, LLC . 23-2185 approve Pass
  26. 16. Amendment No. 2 in the amount of $86,000.00 with Houston Engineering Inc. for Project No. NR-24-B0. 23-2180 approve Pass
  27. 17. Change Order No. 1 in the amount of $0.00 for Project No. SN-23-B1. 23-2179 approve Pass
  28. 18. Bid award to Key Contracting, Inc. in the amount of $44,500.00 for Project No. UR-24-H1. 23-2178 approve Pass
  29. 19. Contract and Bond for Project No. UR-24-G1. 23-2150 approve Pass
  30. 20. Memorandum of Offer to Landowner for Permanent Easement (Street and Utility) with Wells Fargo Bank, N.A. (Improvement District No. BR-23-G2). 23-2175 approve Pass
  31. 21. Change Order No. 1 in the amount of $33,043.34 and 20-calendar day time extension to Phase 1A and 1B for Improvement District No. BR-24-B1. 23-2182 approve Pass
  32. 22. No protests received and declare insufficient for Improvement District No. AN-24-B. 23-2177 approve Pass
  33. 23. Create Improvement District No. BN-24-C (New Paving and Utility Construction). 23-2191 approve Pass
  34. 24. Contract and bond for Improvement District No. AN-24-A1. 23-2171 approve Pass
  35. 25. Contract and bond for Improvement District No. BR-24-F1. 23-2172 approve Pass
  36. 26. Contract and bond for Improvement District No. BR-24-G1. 23-2173 approve Pass
  37. 27. Contract and bond for Improvement District No. NR-23-C5. 23-2151 approve Pass
  38. 28. Contract and bond for Improvement District No. NR-23-C6. 23-2152 approve Pass
  39. 29. Contract and bond for Improvement District No. PN-24-A1. 23-2165 approve Pass
  40. 30. Contract and bond for Improvement District No. PR-24-A1. 23-2153 approve Pass
  41. 31. Amendment No. 1 to the Engineer Agreement with KLJ Engineering LLC in the amount of $16,840.00 for Fire Station No. 5 renovations (RFP24010). 23-2164 approve Pass
  42. 32. Set June 24, 2024 at 5:15 p.m. as the date and time for a Public Hearing on a dangerous building located at 909 4th Street North. 23-2168 approve Pass
  43. 33. Set June 24, 2024 at 5:15 p.m. as the date and time for a Public Hearing on a dangerous building located at 1449 4th Avenue South. 23-2169 approve Pass
  44. 34. Update to the Electronic Communications Policy No. 200-016. 23-2174 approve Pass
  45. 35. Termination of Consent Party Rights of the City of Fargo - Golden Valley Third Addition. 23-2190 approve Pass
  46. 36. Extension of Household Hazardous Waste Services Agreements with Clean Harbors Environmental Service, Inc. and Recycle Technologies, Inc. effective 6/1/24-5/31/27. 23-2131 approve Pass
  47. 37. Bid Advertisement for Project No. WA2404 (Lime Softening WTP Pretreatment Bypass). 23-2193 approve Pass
  48. 38. Amendment No. 1 to Engineer Agreement with Apex Engineering Group, Inc. in the amount of $48,885.00 for Project No. WA2055. 23-2192 approve Pass
  49. 39. Bills in the amount of $9,769,563.04. 23-2163 approve Pass
  50. 46 Regular Agenda:
  51. 47 REGULAR AGENDA:
  52. 40. Recommendation to appoint Jennifer Faul to the position of Director of Fargo Cass Public Health. 23-2167 approve Pass ▶ jump to 14:44
  53. 41. Applications for Abatement or Refund of Taxes #4560 and #4561 for property located at 1019 4th Avenue South requesting a reduction in value from $156,800.00 to $99,500.00 for 2022 and a reduction in value from $167,800.00 to $99,500.00 for 2023; staff is recommending a reduction in values to $99,500.00 for both 2022 and 2023. 23-2135 approve Pass ▶ jump to 17:05
  54. 50 *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm:
  55. 42. PUBLIC HEARING - CONTINUE to 6/24/24 - 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) 23-2154 approve Pass ▶ jump to 19:48
  56. 43. PUBLIC HEARING - Application filed by Precision Dental Laboratories, Inc. for property tax exemption to be located at 1841 Sheyenne Loop North which the applicant will use primarily for light manufacturing purposes. 23-2033 approve Pass ▶ jump to 20:28
  57. 44. PUBLIC HEARING - 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. 23-2189 ▶ jump to 28:49
  58. 45. Items from the FAHR Staff meeting: a. Receive and File - Sales Tax Update. b. Budget Adjustment in the amount of $80,325.00 for the purchase of a truck and equipment from the street lighting and traffic control device utility. c. Extension of 2023-2024 Highway Deicing Salt contract with Compass Minerals America Inc. for the 2024-2025 snow season at a price of $120.69 per ton (RFP22068). d. Accept the NDDES Public Assistance Grant Program Subgrant Agreement for FEMA-4760-DR under CFDA 97.036 for the December 2023 Ice Storm Cost Recovery. e. Workforce Development Partnership Agreement with the University of Mary. 23-2187 approve Pass ▶ jump to 33:52
  59. 46. Construction Update. 23-2195 ▶ jump to 36:45
  60. 47. Request from the State of Wisconsin for Fargo PD Personnel assistance. 23-2194 approve Pass ▶ jump to 43:12
  61. 48. Presentation on dangerous driving and loud muffler issues. 23-2181 ▶ jump to 53:27
  62. 49. Recommendation to reduce the speed limit on 52nd Avenue South from I-29 to the Sheyenne River from 45 mph to 40 mph effective June 18, 2024. 23-2188 approve Pass ▶ jump to 78:29
  63. 50. Recommendation to direct the Assistant City Administrator to report back to the City Commission in two weeks with a summary of policy and Ordinance recommendations to manage encampments on public property to align with the Housing First philosophy. 23-2166 approve Pass ▶ jump to 80:49
  64. 51. Liaison Commissioner Assignment Updates: ▶ jump to 87:36
  65. 52. Resident Comments: ▶ jump to 92:28
  66. 62 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.