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April 15, 2024 ·5:00 PM Final

Commission Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 68 items

  1. 1 The Mayor read a message with the following information: The Engineering Department submitted applications to the Flexible Transportation Fund and was awarded $1.4 million for reconstruction of NP Avenue between 8th Street and Broadway in 2025; hydrant flushing and inspections begin April 16th; the Library will host the Prairie Garden Workshop on April 17th and a Craft Supply Swap on April 20th; North Dakota Poet Denise Lajimodiere will give a presentation on April 29th; and Kaylee Trana’s submission of student artwork was selected to be featured on a local MATBUS and all 20 submissions of student artwork entered in the contest are on display at City Hall. ▶ jump to 15:29
  2. 2 Executive Session at 4:30 p.m.
  3. 2 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 Case Number 09-2023-CV-02540 titled “City of Fargo v. State of North Dakota” and that discussing the risks, strengths or weaknesses of an action of the public entity in an open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City of Fargo. An Executive Session in accordance with North Dakota Century Code Section 44-04-19.2 for said matters is authorized pursuant to North Dakota Century Code §44-04-19.1 subsection 2. Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC Section 44-04-19.1(2) to discuss said pending litigation matter. Second by Strand. All the Commissioners voted aye and the motion was declared carried. At 4:31 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, Preston, Strand, Mahoney. Members absent: none The Executive Session closed at 4:50 o’clock p.m. and the meeting reconvened in public session at 5:00 o’clock p.m. approve Pass
  4. 3 Roll Call.
  5. 3 The Mayor read a message with the following information: The Engineering Department submitted applications to the Flexible Transportation Fund and was awarded $1.4 million for reconstruction of NP Avenue between 8th Street and Broadway in 2025; hydrant flushing and inspections begin April 16th; the Library will host the Prairie Garden Workshop on April 17th and a Craft Supply Swap on April 20th; North Dakota Poet Denise Lajimodiere will give a presentation on APril 29th; and Kaylee Trana's submission of student artwork was selected to be featured on a local MATBUS and all 20 submissions of student artwork entered in the contest are on display at City Hall.
  6. 4 PLEASE NOTE: The City Commission will convene at 4:30 p.m. and retire into Executive Session in the Red River Room for the purpose of attorney consultation regarding Case Number 09-2023-CV-02540 titled “City of Fargo v. State of North Dakota” and that discussing the risks, strengths or weaknesses of an action of the public entity in an open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City of Fargo. An Executive Session in accordance with North Dakota Century Code Section 44-04-19.2 for said matters is authorized pursuant to North Dakota Century Code §44-04-19.1 subsection 2. ▶ jump to 16:46
  7. 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.
  8. 5 Order of Agenda: approve Pass
  9. A. Pledge of Allegiance.
  10. 6 Minutes: approve Pass
  11. B. Roll Call. ▶ jump to 18:37
  12. 7 Consent Agenda:
  13. C. Approve Order of Agenda. ▶ jump to 23:27
  14. D. Minutes (Regular Meeting, April 1, 2024). ▶ jump to 23:37
  15. 10 CONSENT AGENDA – APPROVE THE FOLLOWING: ▶ jump to 23:48
  16. 1. Letter of Support for the Hale Properties and Sioux Surgical application to the ND Opportunity Fund. 23-1951 approve Pass
  17. 2. 2nd reading and final adoption of an Ordinance Amending Section 1-0305(A)(1) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations; 1st reading, 4/1/24. 23-1937 approve Pass
  18. 3. 2nd reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Golden Valley Fourth Addition to the City of Fargo, Cass County, North Dakota. 23-1938 approve Pass
  19. 4. Gift Agreement and Quit Claim Deed with Lake Agassiz Habitat for Humanity, Inc. 23-1954 approve Pass
  20. 5. Findings of Fact, Conclusions and Order of the Board of City Commissioners of the City of Fargo for property located at 1022 9th Avenue North. 23-1971 approve Pass
  21. 6. Findings, Conclusions and Order of the Board of City Commissioners of the City of Fargo regarding the Liquid Hospitality, LLC d/b/a Windbreak Saloon License Violation. 23-1967 approve Pass
  22. 7. Site Authorizations for Games of Chance: a. Boys and Girls Club of the Red River Valley at Suite Shots.(5/6/24) b. North Dakota Association for The Disabled, Inc. at Bulldog Tap. c. North Dakota Association for The Disabled, Inc. at Cowboy Jack’s. d. North Dakota Association for The Disabled, Inc. at O’Kelly’s. e. Northern Prairie Performing Arts at SouthTown PourHouse. f. Northern Prairie Performing Arts at The Windbreak. g. Fraser Ltd. at Golf Addiction. h. Fraser Ltd. at Space Aliens. i. Fraser Ltd. at Cairo Restaurant. j. Red River Human Service Foundation at Doublewood Lounge. k. Red River Human Service Foundation at Fargo Elks Lodge #260. 23-1924 approve Pass
  23. 8. Applications for Games of Chance: a. Bella Garcia Fundraiser for a raffle on 4/28/24; Public Spirited Resolution. b. Hope Blooms for a raffle board on 5/7/24. c. Lincoln Elementary PTA for a raffle on 4/26/24. d. Benefit for Buretta Family for raffle on 4/27/24; Public Spirited Resolution. e. Pray for Gray for a raffle on 5/10/24. f. El Zagal Provost Guard for a raffle on 9/12/24. g. Red River Valley Woodcarvers for a calendar raffle and raffle board 4/26/24-4/28/24. 23-1911 approve Pass
  24. 9. Sponsorship of the 2024 Juneteenth event up to $15,000.00. 23-1968 approve Pass
  25. 10. Revisions to the Excavation Fees and Guidelines, as presented. 23-1946 approve Pass
  26. 11. Developer Agreement with Scheels All Sports, Inc. for Crossroads Corporate Center Second Addition. 23-1945 approve Pass
  27. 12. Change Order No. 1 in the amount of $38,420.00 for Project No. ER-23-A1. 23-1943 approve Pass
  28. 13. Bid advertisement for Project No. UR-24-G. 23-1974 approve Pass
  29. 14. Bid award to Border States Paving, Inc. in the amount of $638,811.80 for Project No. SR-24-B1. 23-1960 approve Pass
  30. 15. Contract and bond for Project No. PR-24-C1. 23-1923 approve Pass
  31. 16. Contract and bond for Project No. TM-24-A. 23-1925 approve Pass
  32. 17. Final Balancing Change Order No. 2 in the amount of $0.00 for Improvement District No. UR-23-C1. 23-1944 approve Pass
  33. 18. Memorandum of Offer to Landowner for Permanent Easement (Sidewalk) with L S Development, LLP (Improvement District No. SR-24-B1). 23-1947 approve Pass
  34. 19. Easement (Temporary Construction Easement) with North Dakota State University Development Foundation (Improvement District No. BR-24-F1). 23-1948 approve Pass
  35. 20. Create Improvement District No. AN-24-A. 23-1958 approve Pass
  36. 21. Create Improvement District No. PR-24-A. 23-1956 approve Pass
  37. 22. Bid award to Master Construction Company, Inc. in the amount of $1,253,194.00 for Improvement District No. BN-24-A1. 23-1959 approve Pass
  38. 23. Access Easement (44th Street and Utilities) with Southeast Cass Water Resource District (Improvement District No. BN-24-B1). 23-1976 approve Pass
  39. 24. Contract and bond for Improvement District No. PR-24-F1. 23-1942 approve Pass
  40. 25. Items from the FAHR Staff meeting, as presented. 23-1966 approve Pass
  41. 26. Resolution Authorizing the Issuance and Sale of $25,705,000.00 City of Fargo Refunding Improvement and Refunding Improvement Refunding Bonds, Series 2024 (Improvement District No. FP-19-A). 23-1970 approve Pass
  42. 27. Selection of the top three submissions of artwork for bus wraps. 23-1965 approve Pass
  43. 28. Resolution approving Plat of The Pines at the District Sixth Addition. 23-1952 approve Pass
  44. 29. Resolution approving Plat of Crossroads Corporate Center Second Addition. 23-1957 approve Pass
  45. 30. Resolution approving Plat of Brekke’s Addition. 23-1953 approve Pass
  46. 31. Notice of Grant Award from the ND Department of Emergency Services for FY2023 State Homeland Security Program for the purchase of a TCV from NABCO for the Red River Valley Bomb Squad (CFDA #97.067) (RFP24162). 23-1961 approve Pass
  47. 32. Direct the City Attorney’s Office to Amend Fargo Municipal Code 5-0406 - Terms of Office. 23-1962 approve Pass
  48. 33. Receive and file Bias Motivation and Hate Crime Report for year-end 2023. 23-1963 approve Pass
  49. 35. Bills in the amount of $6,882,242.11.
  50. 34. Extension of unpaid leave for Brett Schaible through 7/9/24. 23-1955 approve Pass
  51. 35. Bills. 23-1950
  52. 46 REGULAR AGENDA:
  53. 36. Resident Comments: Patrick Kelly, Paul Stalcup; KJ Atkinson, Alen Fejzic, Prairie Johnson, Julianna Soliman, Asher Lorentzen; Allison Slavikand and Wess Philome spoke. ▶ jump to 24:04
  54. 37. Presentation from Michelle Rydz from the High Plains Fair Housing Center to discuss demographic trends in Fargo neighborhoods. 23-1977 ▶ jump to 47:24
  55. 48 Presentation of the Board of City Commissioners Governance Policies. 23-1978 amend Pass ▶ jump to 62:34
  56. 38. Presentation of the Board of City Commissioners Governance Policies. 23-1978 ▶ jump to 62:34
  57. 49 Presentation of the Board of City Commissioners Governance Policies. 23-1978 approve Pass ▶ jump to 62:34
  58. 39. Update on the Riverfront Renewal Plan and Tax Increment Financing District. 23-1975 ▶ jump to 82:16
  59. 40. Recommendation for amendments to the Tax Increment Financing (TIF) Policy. 23-1979 approve Pass ▶ jump to 92:12
  60. 41. Recommendation to direct the Police Chief and City Attorney to research what would be required to enforce the law in regards to vehicles that are illegally altered for creating noise. 23-1941 ▶ jump to 98:28
  61. 42. Recommendation to award the bid for Improvement District No. BN-23-E1. 23-1949 approve Pass ▶ jump to 105:30
  62. 53 Recommendation to direct the Police Chief and City Attorney to research what would be required to enforce the law in regards to vehicles that are illegally altered for creating noise. 23-1941 amend Pass ▶ jump to 98:28
  63. 43. Applications for Property Tax Exemptions for Improvements Made to Buildings: a. Bell Bank, 520 Main Avenue (5 years). b. Austin and Annika Avery, 1532 36th Avenue South (5 years). 23-1973 approve Pass ▶ jump to 119:12
  64. 54 Recommendation to direct the Police Chief and City Attorney to research what would be required to enforce the law in regards to vehicles that are illegally altered for creating noise. 23-1941 approve as amended Pass ▶ jump to 98:28
  65. 44. Recommendation for appointments to the following Boards and Commissions: a. Municipal Airport Authority. b. Fargo Dome Authority. 23-1939 approve Pass ▶ jump to 119:29
  66. 45. Liaison Commissioner Assignment Updates: ▶ jump to 120:07
  67. 57 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.
  68. 58 Recommendation for appointments to the following Boards and Commissions: a. Municipal Airport Authority. b. Fargo Dome Authority. 23-1939 approve Pass ▶ jump to 119:29