City Commission

Commission Chambers

Agenda — 65 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. 3 Pledge of Allegiance. ▶ jump to 0:04
3. 3 Order of Agenda: approve Pass
4. 4 Roll Call. ▶ jump to 0:26
5. 4 Minutes: approve Pass
6. 5 Approve Order of Agenda. ▶ jump to 6:11
7. 5 Consent Agenda:
8. 6 Minutes (Regular Meeting, May 13, 2024). ▶ jump to 5:52
9. 7 CONSENT AGENDA – APPROVE THE FOLLOWING: ▶ jump to 6:05
10. 1. Letter of Support for the St. Monica’s Montessori relocation/expansion project to the ND Opportunity Fund. 23-2085 approve Pass
11. 2. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 5-0406(1) of Article 5-04 of Chapter 5 of the Fargo Municipal Code Relating to the Fargo Police Advisory and Oversight Board; 1st reading, 5/13/24. 23-2081 approve Pass
12. 3. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 4-0101.1 of Article 4-01 of Chapter 4 of the Fargo Municipal Code Relating to the General Provisions Governing City Officials and Employees; 1st reading, 5/13/24. 23-2082 approve Pass
13. 4. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 4-0402 of Article 4-04 of Chapter 4 of the Fargo Municipal Code Relating to Authorizing the City Commission to Approve Program of Interfund Loans; 1st reading, 5/13/24. 23-2083 approve Pass
14. 5. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 25-1504.1 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages; 1st reading, 5/13/24. a. Resolution Regarding Ordinance Amendment Pertaining to Owner and General Manager Background Investigations and Implementation. 23-2084 approve Pass
15. 6. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading 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. 23-2111 approve Pass
16. 7a. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading 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. 23-2097 approve Pass
17. 7b. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Section 25-1506 (CC) of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages. 23-2102 approve Pass
18. 8a. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Sections 25-1501 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages. 23-2098 approve Pass
19. 8b. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Sections 25-1503 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages. 23-2103 approve Pass
20. 8c. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Sections 25-1509 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages. 23-2104 approve Pass
21. 9. Receive and file the Notice of Appeal from a Decision of a Local Governing Body Pursuant to NDCC 28-34-01 regarding Liquid Hospitality, LLC d/b/a Windbreak Saloon. 23-2099 approve Pass
22. 10. Site Authorizations for Games of Chance: a. Fargo Metro Baseball Association at Applebee’s Grill & Bar-13 Ave. b. Fargo Metro Baseball Association at Applebee’s Grill & Bar-45 St. c. Fargo Metro Baseball Association at Applebee’s Grill & Bar-North Fargo. d. Fargo Metro Baseball Association at Empire Tavern. e. Red River Human Service Foundation at Blarney Stone on Broadway. f. Sharehouse, Inc. at Bismarck Tavern. g. Sharehouse, Inc. at Rick’s Bar. h. Sharehouse, Inc. at The Round Up Saloon. i. Sharehouse, Inc. at Woody’s. j. West Fargo Events at Holiday Inn/Spirits Lounge. k. West Fargo Hockey Association at Fort Noks. 23-2078 approve Pass
23. 11. Applications for Games of Chance: a. Brave the Shave for a raffle on 6/22/24. b. FM AM Rotary for a sports pool 9/9/24-12/30/24. c. North Dakota CPA Society for a raffle on 7/18/24. d. UND Alumni Association & Foundation for a raffle board on 6/26/24. 23-2129 approve Pass
24. 12. Extension of the Class “A-8” Alcoholic Beverage License for BFG, Inc. d/b/a Borrowed Bucks Roadhouse until 12/31/24. 23-2109 approve Pass
25. 13. Variance Acknowledgement and Liability Waiver with Troy and Amelia Peterson in the Limited Disturbance Zone Setback Area for proposed construction and improvement of property at 6405 13th Street North and 6411 13th Street North. 23-2119 approve Pass
26. 14. Bid award to Reede Construction, Inc. in the amount of $10,696,257.57 for Improvement District No. PR-24-A1. 23-2113 approve Pass
27. 15. Bid award to Master Construction Company, Inc. in the amount of $187,545.00 for Improvement District No. AN-24-A1. 23-2110 approve Pass
28. 16. Amendment No. 5 in the amount of $9,095.00 for Improvement District No. BR-22-A0. 23-2093 approve Pass
29. 17. Encroachment Agreement with Magellan Pipeline Company, L.P. (Improvement District No. BN-23-G1). 23-2092 approve Pass
30. 18. Contract and bond for Improvement District No. PR-24-H1 (Asphalt Paving Rehab/Reconstruction). 23-2108 approve Pass
31. 19. Contract and bond for Improvement District No. BN-23-F (New Paving and Utility Construction). 23-2106 approve Pass
32. 20. Bid award to Border States Paving, Inc. in the amount of $65,887.80 for Project No. UR-24-G1. 23-2112 approve Pass
33. 21. Bid advertisement for Project No. PR-24-F. 23-2118 approve Pass
34. 22. Change Order No. 1 for a 30-day time extension to the Interim Completion Date for Project No. NR-23-A3. 23-2091 approve Pass
35. 23. Change Order No. 2 for a 30-day time extension to the Interim Completion Date for Project No. NR-23-A2. 23-2090 approve Pass
36. 24. Final Balancing Change Order No. 2 in the amount of $0.00 for Project No. ER-23-A1. 23-2089 approve Pass
37. 25. Certificate of Substantial Completion for Newman Outdoor Field 2021 - 2022 Project (RFQ18084). 23-2100 approve Pass
38. 26. Items from the FAHR Staff meeting: a. Receive and file General Fund - YTD April 2024 Budget to Actual. b. Budget adjustment in the amount of $3,804.00 for Fire Department’s Hometown Heroes grant award to General Supplies for the purchase of two ice water suits. 23-2116 approve Pass
39. 27. Authorization to apply for a State Homeland Security Grant to purchase security cameras and supporting network infrastructure for Fire Department stations (CFDA #96.067). 23-2115 approve Pass
40. 28. Notice of Grant Award Amendment with the ND Department of Health and Human Services for PHEP-Statewide (CFDA #93.069). 23-2120 approve Pass
41. 29. Notice of Grant Award Amendment with the ND Department of Health and Human Services for PHEP-City Readiness Initiative (CFDA #93.069). 23-2121 approve Pass
42. 30. Resolution approving Plat of Harvest Church Addition. 23-2087 approve Pass
43. 31. Authorization to apply for a State Homeland Security Grant for vehicle barriers for special events (CFDA #96.067). 23-2126 approve Pass
44. 32. Authorization to apply for a State Homeland Security Grant to purchase equipment and technology that provides real-time intelligence to law enforcement. (CFDA #97.067). 23-2124 approve Pass
45. 33. 2024 Mosquito Control Agreement with Cass County (EX24219). 23-2086 approve Pass
46. 34. Tree Injection Services - 2024 Agreement with Carr’s Tree Service (RFQ24223). 23-2095 approve Pass
47. 35. Solid Waste Management Agreement for Private Haulers with J-1 Excavation & Roll Off. 23-2117 approve Pass
48. 36. Amendment No. 1 to Apex Engineering Task Order No. WA04 in the amount of $216,272.00 and time extension to November 29, 2024 for Project No. WA1910. 23-2125 approve Pass
49. 37. Change Order No. 2 with Phoenix Fabricators and Erectors, LLC in the amount of $47,820.00 for Project No. WA1910. 23-2123 approve Pass
50. 38. Task Order No. 11 with AE2S in the amount of $261,500.00 for Project No. WW1707. 23-2101 approve Pass
51. 39. Bills in the amount of $12,556,367.10. 23-2088 approve Pass
52. 49 Regular Agenda:
53. 50 REGULAR AGENDA:
54. 40. Recommendations for appointments to the Board of Appeals. 23-2094 approve Pass ▶ jump to 6:30
55. 52 *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm:
56. 41. PUBLIC HEARING - Application for a Class “FA” Alcoholic Beverage License for KHP Fargo LLC d/b/a Kpot Korean BBQ & Hot Pot to be located at 4410 17th Avenue South. 23-2079 approve Pass
57. 42. PUBLIC HEARING - CONTINUE to 6/24/24 - 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. 23-2105 approve Pass ▶ jump to 19:29
58. 43. Bid award to Dirt Dynamics in the amount $3,256,380.61 for Improvement District No. BN-23-G1. 23-2114 approve Pass ▶ jump to 6:51
59. 44. Authorization to Transfer Ownership of 69 4th Street North to Fargo Housing and Redevelopment Authority. 23-2128 approve Pass ▶ jump to 14:29
60. 45. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading 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. 23-2107 approve Pass ▶ jump to 19:42
61. 46. Resolution Amending Governance Policies of the Board of City Commissioners of the City of Fargo. 23-2130 adopt Pass ▶ jump to 23:59
62. 48. Resident comments:
63. 47. Liaison Commissioner Assignment Updates. ▶ jump to 43:57
64. 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 47:09
65. 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.