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. 3 Pledge of Allegiance. ▶ jump to 5:52
4. 3 Order of Agenda: approve Pass
5. 4 Roll Call. ▶ jump to 6:15
6. 5 Approve Order of Agenda. ▶ jump to 10:02
7. 6 Minutes: approve Pass ▶ jump to 10:10
8. 7 CONSENT AGENDA : approve ▶ jump to 10:29
9. 1. Receive and file the Summons and Complaint relating to the David Herring and Patricia Frazier vs. First Transit, Inc. d/b/a Transdev Services, Inc. 23-1856 approve Pass
10. 2. Receive and file a Notice of Appeal from a Decision of a Local Governing Body Pursuant to N.D.C.C. § 28-34-01 - Liquid Hospitality, LLC d/b/a Windbreak Saloon v. Board of City Commissioners of the City of Fargo. 23-1855 approve Pass
11. 3. Direct the City Attorney to amend Fargo Municipal Code 25-1501 and 25-1503 to define the stream of service, to clarify server training requirements and to clarify the age to be employed where alcohol is served. 23-1823 approve Pass
12. 4. Direct the City Attorney to amend Fargo Municipal Code 25-1504.1 to allow for annual background checks on licensees, and to require notification and background checks when manager’s change. 23-1822 approve Pass
13. 5. Concur with the findings of staff and the Liquor Control Board and apply the penalty matrix of a $500.00 fine for a first failure to the liquor license violations identified at Royal Liquors. 23-1824 approve Pass
14. 6. Concur with the findings of staff and the Liquor Control Board and apply the penalty matrix of a $500.00 fine for a first failure to the liquor license violations and a $500.00 fine for failing to have employees’ server trained all identified at Pho D'licious. 23-1825 approve Pass
15. 7. Agreement for Special Improvements with County 20 Storage & Transfer, Inc. for municipal improvements in the 46th Avenue Industrial Park Addition (Special Improvement District No. BN-23-J1). 23-1828 approve Pass
16. 8. Receive and file the Amendment to the Franchise Agreement with Cass County Electric Cooperative adding the area annexed by the City of Fargo on 2/23/24. 23-1837 approve Pass
17. 9. Site Authorizations for Games of Chance: a. Plains Art Museum at Big Top Bingo. b. Plains Art Museum at Blue Wolf Casino (West Acres Bowl). c. Plains Art Museum at Wild Bill’s Sports Saloon. 23-1838 approve Pass
18. 10. Applications for Games of Chance: a. North Dakota Autism Center, Inc. for raffle on 4/5/24. b. Knights of Columbus - 6570 for a calendar raffle from 5/1/24 - 5/31/24. c. Fargo Lions for a calendar raffle from 9/9/24-12/30/24. d. El Zagal Escort Motor Patrol for a raffle on 3/24/24. e. United Way of Cass-Clay for a raffle on 3/28/24. f. Anne Carlsen for a raffle on 4/27/24. g. Carson Glore Foundation for a raffle and raffle board on 5/20/24. h. TNT Kid’s Fitness and Gymnastics for a raffle on 4/4/24. 23-1834 approve Pass
19. 11. Developer Agreements with ARD Properties, LLC and Storage Kings ND, LLC for Interstate Business District Addition. 23-1851 approve Pass
20. 12. Right of Way Use Agreement with EOLA Landholdings, LLC for 4470 24th Avenue South. 23-1843 approve Pass
21. 13. Bid award to Roers Construction Company, LLC in the amount of $460,483.45 for Project No. SR-24-A1. 23-1849 approve Pass
22. 14. Negative Final Balancing Change Order No. 2 in the amount of $-128,978.24 for Improvement District No. BR-23-H1. 23-1842 approve Pass
23. 15. Change Order No. 3 in the amount of $35,632.37 and a time extension to Substantial and Final Completion dates of 10/13/23 and 11/12/24 for Improvement District No. BR-23-E1. 23-1841 approve Pass
24. 16. Memorandum of Offer to Landowner for Easement (Temporary Construction Easement) with New Millennium Real Estate Partners, LLP (Improvement District No. BR-23-G2). 23-1844 approve Pass
25. 17. Bid award to Northern Improvement Co. in the amount of $2,430,023.07 for Improvement District No. BN-23-J1. 23-1850 approve Pass
26. 18. Create Improvement District No. BN-23-G. 23-1864 approve Pass
27. 19. Create Improvement District No. BN-24-A. 23-1852 approve Pass
28. 20. Create Improvement District No. BR-24-F. 23-1845 approve Pass
29. 21. Create Improvement District No. NR-23-C. 23-1873 approve Pass
30. 22. Create Improvement District No. PR-24-G. 23-1853 approve Pass
31. 23. Contract and bond for Project No. FM-24-A1. 23-1832 approve Pass
32. 24. Contract and bond for Project No. NR-24-B3. 23-1833 approve Pass
33. 25. Contract and bond for Improvement District No. BR-24-C1. 23-1831 approve Pass
34. 26. Lease with Option to Purchase Agreement Nos. 40005534 and 40005536 with CapFirst Equipment Finance, Inc. for copiers at Fire Station No. 1 and the Public Safety Building (RFP23131). 23-1848 approve Pass
35. 27. Change Order Nos. 10 and 11 in the amount of $17,956.00 for Fire Station No. 8. 23-1858 approve Pass
36. 28. Change Order No. 2 in the amount of $3,443.00 for Fire Station No. 8. 23-1859 approve Pass
37. 29. Addendum to Purchase of Service Agreement with Cass Human Service Zone. 23-1840 approve Pass
38. 30. Request for out-of-grade pay for Hunter Hubrig, Emergency Prep Environmental Health Practitioner II, effective from 1/1/24 to 3/3/24. 23-1846 approve Pass
39. 31. Piggyback purchase through the State of North Dakota contract with CODE 4 Services for the purchase of 60 Panasonic Toughbook computers for the Police Department (PBC24143). 23-1866 approve Pass
40. 32. Set April 1, 2024 at 5:15 p.m. as the date and time for a Public Hearing on a dangerous building located at 1022 9th Avenue North. 23-1867 approve Pass
41. 33. Direct the City Attorney to amend Fargo Municipal Code Article 13-09 to include a definition for “inoperative”. 23-1870 approve Pass
42. 34. Resolution approving Plat of Autumn Fields Third Addition. 23-1865 approve Pass
43. 35. Resolution approving Plat of Laverne’s Fourth Addition. 23-1863 approve Pass
44. 36. Extension of unpaid leave for Wayne Hegseth through 5/31/24. 23-1830 approve Pass
45. 37. Bid award to Northdale Oil, Inc. for fuel purchasing in the 3rd and 4th Quarters of 2024 and execute the forward Fuel Contract (RFP24111). 23-1835 approve Pass
46. 38. Services Agreement - Lawn Maintenance Services with Valley Green and Associates (RFP22037). 23-1868 approve Pass
47. 39. Services Agreement - Lawn Maintenance Services with JT Lawn Services (RFP23056). 23-1872 approve Pass
48. 40. Easement (Temporary Construction Easement) with the Municipal Airport Authority of the City of Fargo, Cass County, ND. 23-1847 approve Pass
49. 41. Reject the bids for Waste Water Treatment Plant Flood Protection Improvements Project No. WW1707 and rebid the project. 23-1854 approve Pass
50. 42. Bills in the amount of $6,462,272.07. 23-1879
51. 42. Bills in the amount of $6,462,272.07. 23-1879
52. 50 REGULAR AGENDA:
53. 43. Resident Comments: approve
54. 43. 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 10:44
55. 52 *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm: ▶ jump to 32:32
56. 44. PUBLIC HEARING - Plat of Meadow View Second Addition (6704-6794 Meadow View Drive South); approval recommended by the Planning Commission on 10/3/23. 23-1860 adopt Pass
57. 45. PUBLIC HEARING - Interstate Business District Addition (4753 45th Street North and 4269 40th Avenue North); approval recommended by the Planning Commission 2/6/24: a. Growth Plan Amendment from Residential Area, Lower to Medium Density, Commercial and Proposed Park to Industrial and Commercial. b. Zoning Change from AG, Agricultural and LI, Limited Industrial with a C-O, Conditional Overlay to LI, Limited Industrial with a C-O, Conditional Overlay, GC, General Commercial with a C-O, Conditional Overlay, and P/I, Public and Institutional. c. 1st reading of rezoning Ordinance. d. Plat of Interstate Business District Addition. 23-1871 approve Pass ▶ jump to 43:58
58. 45c. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in Interstate Business District Addition to the City of Fargo, Cass County, North Dakota. 23-1874 approve Pass ▶ jump to 43:51
59. 46. PUBLIC HEARING - Plat of Alex’s First Addition (5080 38th Street South); approval recommended by the Planning Commission on 3/5/24. 23-1862 adopt Pass ▶ jump to 98:20
60. 47. PUBLIC HEARING - Application filed by Border States Industries for a Payment in Lieu of Tax Exemption (PILOT) for a project to be located at 3181, 3101 and 3303 43rd Street North and 3030, 3100 and 3190 42nd Street North which the applicant will use primarily for a distribution center. 23-1827 approve Pass ▶ jump to 101:12
61. 48. Presentation from czb, LLC on the progress of the Growth Plan 2024. 23-1861 ▶ jump to 109:43
62. 49. Presentation of the Annual Review of F-M Ambulance, Inc. d/b/a Sanford Ambulance -Fargo. 23-1839 approve Pass ▶ jump to 131:49
63. 50. Presentation of the 2023 Police Department’s Annual Report. 23-1876 receive and file Pass ▶ jump to 147:50
64. 51. Applications for Property Tax Exemptions for Improvements Made to Buildings: a. Erik Barner and Whitney Schreiber Beck Barner, 312 Southwood Drive South (5 years). b. Trevor and Kathryn Christianson, 222 Linden Avenue South (5 years). c. Richard and Kathleen Lee, 4334 Carrie Rose Lane South (5 years). d. Tom and Kelly Borgen, 1006 South Drive South (5 years). e. Bradley and Ann Williams, 4336 Carrie Rose Lane South (5 years). f. Patrick and Natasha Thomas, 1707 9th Street South (5 years). g. Jane Grove, 4332 Carrie Rose Lane South (5 years). h. Brian Trauman, 812 7th Street North (5 years). i. Richard and Jo Ellen Solberg, 4330 Carrie Rose Lane South (5 years). j. David and Rebecca Berg, 4402 Carrie Rose Lane South (5 years). k. Dustin Marlatt and Morgan Dewitt, 1614 4th Avenue South (5 years). l. Jeannine Galbreath, 4410 Carrie Rose Lane South (5 years). 23-1877 approve Pass ▶ jump to 156:56
65. 52. Set 7:30 a.m., Tuesday, April 9, 2024, as the date for the Board of Equalization to meet. 23-1878 approve Pass ▶ jump to 157:52
66. 53. Liaison Commissioner Assignment Updates. ▶ jump to 159:14
67. 64 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.