City Commission

Commission Chambers

Agenda — 62 items

1. 1 Roll Call.
2. 2 PLEASE NOTE: The Board of City Commissioners will convene at 4:00 p.m. in the City Commission Chambers 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 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.
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 subsection 2 to discuss said matter. Second by Preston. All the Commissioners voted aye and the motion was declared carried. At 4:03 o’clock p.m. the Board moved to the Red River Room to discuss said matter in Executive Session. Members present were: Kolpack, Piepkorn, Preston, Strand, Mahoney. The Executive Session closed at 4:50 p.m. and the meeting reconvened in public session at 5:00 o’clock p.m. All Commissioners present. Mayor Mahoney presiding.
4. 3 Regular Meeting at 5:00 p.m.
5. 4 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.
6. 4 Order of Agenda: approve Pass
7. A. Pledge of Allegiance. ▶ jump to 5:21
8. 5 Minutes: approve Pass
9. B. Roll Call. ▶ jump to 5:40
10. 6 Consent Agenda:
11. C. Approve Order of Agenda.
12. D. Minutes (Regular Meeting, February 20, 2024). ▶ jump to 6:37
13. 9 CONSENT AGENDA – APPROVE THE FOLLOWING: ▶ jump to 6:48
14. 1. Letter of Support for the Synclaire Events Center project to the ND Opportunity Fund. 23-1776 approve Pass
15. 2. Letter of Support for the Anvil Design and Manufacturing project to the ND Opportunity Fund. 23-1780 approve Pass
16. 3. 2nd reading and final adoption of an Ordinance Amending Section 31-0102 of Article 31-01 of Chapter 31 of the Fargo Municipal Code relating to the International Property Maintenance Code; 1st reading, 2/20/24. 23-1774 approve Pass
17. 4. 2nd reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Rheault Second Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 2/20/24. 23-1775 approve Pass
18. 5. Site Authorizations for Games of Chance: a. Arc Upper Valley at CJ’s Tavern. b. Boys and Girls Club of the Red River Valley at Fargo Billiards/Gastropub. c. Horse Race North Dakota at The Old Broadway. 23-1797 approve Pass
19. 6. Applications for Games of Chance: a. Elks Lodge BO #260 for a calendar raffle every Friday 3/8/24-12/27/24. b. St. Joseph’s School for a raffle on 4/20/24. c. Nordic Culture Clubs for a raffle on 4/6/24. d. Jeremiah Program FM for a raffle on 5/3/24. e. FMWF Chamber of Commerce for a raffle on 7/24/24. f. Love your Buns for a raffle on 3/16/24. g. Kappa Delta Sorority for a raffle on 3/28/24. h. Lend A Hand Up for a raffle on 3/16/24. i. Benefit for Krista Stroh on 3/17/24; Public Spirited Resolution. j. Sons for Norway for a raffle on 5/17/24. 23-1795 approve Pass
20. 7. 2023 CIP Revisions. 23-1785 approve Pass
21. 8. Drain Reconstruction and Exchange Agreement (Cass County Drain No. 10), Limited Warranty Deeds and Access Easements with Southeast Cass Water Resource District and Sysco North Dakota, Inc. d/b/a Sysco Food Services of North Dakota, Inc. 23-1787 approve Pass
22. 9. Consent to Construct Agreement with Paul and Kathryn Lindquist for 1443 75th Avenue South. 23-1788 approve Pass
23. 10. Consent to Construct Agreement with Franklin T. and Wendy S. Fisher for 1455 75th Avenue South. 23-1789 approve Pass
24. 11. Bid awards for Project No. NR-24-B1: a. General construction contract to Key Contracting, Inc. in the amount of $4,902,904.00. b. Electrical construction contract to Sun Electric, Inc. in the amount of $166,000.00. 23-1798 approve Pass
25. 12. Bid award to Industrial Builders, Inc. in the amount of $2,549,697.75 for Project No. FM-24-A1. 23-1792 approve Pass
26. 13. Bid award to Key Contracting, Inc. in the amount of $8,672,957.00 for Project No. NR-24-A1. 23-1781 approve Pass
27. 14. Bid award to Asphalt Surface Tech Corp in the amount of $90,810.00 for Project No. PR-24-C1. 23-1790 approve Pass
28. 15. Bid advertisement for Project No. SR-24-B. 23-1794 approve Pass
29. 16. Change Order No. 2 in the amount of $46,950.74 and time extension to the substantial and final completion dates to 6/3/23 and 5/31/24 for Improvement District No. BN-22-L1. 23-1786 approve Pass
30. 17. Consulting Engineering Services with Moore Engineering, Inc. for Improvement District No. BR-26-G0. 23-1793 approve Pass
31. 18. Memorandum of Understanding Regarding Easements and Restoration of Parking Surface, Easement (Temporary Construction Easement), Permanent Easements (Storm Sewer Lift Station and Utility), Permanent Easement (Water Main) and Permanent Easement (Storm Sewer and Utility) with the Park District of the City of Fargo (Improvement District No. NR-24-B1). 23-1782 approve Pass
32. 19. Bid award to Asphalt Preservation Company, Inc. in the amount of $1,617,606.87 for Improvement District No. PR-24-E1. 23-1791 approve Pass
33. 20. Create Improvement District No. BN-23-F (New Paving and Utility Construction). 23-1803 approve Pass
34. 21. Property Damage Release with Abrahamson Services LLC dba Valley Green & Associates and SECURA Insurance Company (Mercantile Parking Ramp). 23-1800 approve Pass
35. 22. Receive and file General Fund - Budget to Actual through 1/31/24. 23-1810 approve Pass
36. 23. Task Order No. 1 with KLJ Engineering Inc. in an amount not to exceed $248,100.00 for Fire Station No. 5 (RFP24010). 23-1811 approve Pass
37. 24. Addendum to Provision of Nursing Services for the Northern Cass Public School District. 23-1805 approve Pass
38. 25. Letter of Agreement with AE2S Communications to provide communications and marketing assistance to Fargo Cass Public Health. 23-1804 approve Pass
39. 26. Notice of Grant Award with the ND Department of Health and Human Services for Title X Family Planning Program (CFDA #93.217). 23-1806 approve Pass
40. 27. Piggyback purchase through the State of North Dakota NASPO ValuePoint Master Agreement with Hewlitt Packard Enterprise Inc. for the purchase of a dHCI server and storage solution for the RRRDC (PBC24133). 23-1783 approve Pass
41. 28. Third Amendment to Lease Agreement with Boas Northport Fargo LLC. 23-1778 approve Pass
42. 29. Resolution approving a Plat of Trollwood Land Three. 23-1808 approve Pass
43. 30. Agreement between City of Fargo and Range Renovation Consulting, Inc. 23-1784 approve Pass
44. 31. Bid Award to Q3 Contracting for Concrete Utility Cut Repairs (RFP24114). 23-1799 approve Pass
45. 32. Bid award to Core and Main for the purchase of Water Main Materials, Miscellaneous Water Distribution Materials, Fire Hydrants/Parts and Miscellaneous Street Materials (RFP24116). 23-1807 approve Pass
46. 41 Regular Agenda:
47. 33. Bills in the amount of $7,578,093.56. 23-1796 approve Pass
48. 34. Resident Comments:
49. 43 REGULAR AGENDA:
50. 34. 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 7:08
51. 45 *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm:
52. 35. PUBLIC HEARING - Renaissance Zone Project for Block 8, LLC for the rehabilitation of a commercial property located at 814 Main Avenue. 23-1801 approve Pass ▶ jump to 27:02
53. 36. PUBLIC HEARING - Sewer Repair Assessments for 2023. 23-1725 approve Pass ▶ jump to 32:30
54. 37. PUBLIC HEARING - Special Assessment of Nuisance Abatement Fees. 23-1730 approve Pass ▶ jump to 34:19
55. 38. PUBLIC HEARING - Application to transfer a Class “ABH” Alcoholic Beverage License from Fargo Lodging Associates, LLC d/b/a Hilton Garden Inn to KAJ Hospitality, LLC d/b/a Hilton Garden Inn Fargo located at 4351 17th Avenue South. 23-1731 approve Pass ▶ jump to 39:39
56. 39. PUBLIC HEARING - Application for a Class “FA” Alcoholic Beverage License for Benedicts FAR LLC d/b/a Benedict’s Fargo to be located at 3165 33rd Street South. 23-1732 approve Pass ▶ jump to 40:51
57. 40. PUBLIC HEARING - Application filed by Lashkowitz 4 for a Payment in Lieu of Tax Exemption (PILOT) to be located at 101 2nd Street South which the applicant will use primarily for 110 units of affordable housing separated into two projects. 23-1733 approve Pass ▶ jump to 42:17
58. 41. PUBLIC HEARING - Application filed by Lashkowitz 9 for a Payment in Lieu of Tax Exemption (PILOT) to be located at 101 2nd Street South which the applicant will use primarily for 110 units of affordable housing separated into two projects. 23-1734 approve Pass ▶ jump to 42:33
59. 42. Presentation by Gate City Bank regarding the Neighborhood Revitalization Initiative (NRI) Program. 23-1802 ▶ jump to 56:23
60. 43. Presentation of the Proposed Board of City Commissioners Governance Policies. 23-1812 approve Pass ▶ jump to 60:04
61. 44. Liaison Commissioner Assignment Updates. ▶ jump to 79:05
62. 56 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.