THE CITY OF Fargo FAR MORE A Pledge of Allegiance B. Roll Call C Approve Order of Agenda D. Minutes (Regular Meeting, March 4, 2024) FARGO CITY COMMISSION AGENDA Monday, March 18, 2024 - 5:00 p.m. CONSENT AGENDA-APPROVE THE FOLLOWING: 1 Receive and file the Summons and Complaint relating to the David Herring and Patricia Frazier vs. First Trans, Inc. dba Transdev Services, Inc. 2. Receive and flea Notice of Appeal from a Decision of a Local Governing Body Pursuant to N.D.C.C. $28-34-01-Liquid Hospitality, LLC dba Windbreak Saloon v. Board of City Commissioners of the City of Fargo 3. Direct the City Attomey to amend Fargo Municipal Codes 25-1501 and 25-1503 to define the stream of service, to clarity server training requirements and to clarify the age to be employed where alcohol is served 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 managers change 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 he liquor license violations identified at Royal Liquors 6. Concur with the findings of staff and the Liquor Control Board and apply t Z y 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 Dicious 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). 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 9. Ste Authorizations for Games of Chance: a. Plains Art Museum at Wild Bill's Sports Saloon b. Plains Art Museum at Big Top Bingo c. Plains Art Museum at Blue Wolf Casino (West Acres Bowl), 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 sports pool from 9/9/24-12/30/24 d. El Zagal Escort Motor Patrol for a raffle on 3/23/24. e. United Way of Cass-Clay for a raffle on 3/28/24. 1. Anne Carlsen for a raffle on 4/27/24. 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 11. Developer Agreements with ARD Properties, LLC and Storage Kings ND, LLC for Interstate Business District Addition 12, Right of Way Use Agreement with EOLA Landholdings, LLC for 4470 24th Avenue South. 13. Bid award to Roers Construction Company LLC in the amount of $460.483.45 for Project No. SR-24-A1 14. Negative Final Balancing Change Order No. 2 in the amount of $128.978.24 for Improvement District No. BR-23-H1 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 16. Memorandum of Otter to Landowner for Easement (Temporary Construction Easement with New Millennium Real Estate Partners, LLP (Improvement District No. BR-23-G2). 17. Bid award to Northern Improvement Company in the amount of $2.430,023.07 for Improvement District No. BN-23-J1 18. Create Improvement District No. BN-23-G (New Paving and Utility Construction) 19. Create Improvement District No. BN-24-A (New Paving and Utility Construction) 20. Create Improvement District No. BR-24-F (Paving and Usity Rehab Reconstruction) 21 Create Improvement District No. NR-23-C (Storm Sewer Litt Station Rehab Reconstruction and Incidentals). 22. Create Improvement District No. PR-24-G (Asphalt Mill and Overlay) 23. Contract and bond for Project No. FM-24-A1 24. Contract and bond for Project No. NR-24-83 25. Contract and bond for Improvement District No. BR-24-C1. 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) 27 Change Order Nos. 10 and 11 in the amount of $17,956.00 for Fire Station No. 8. 28: Change Order No. 2 in the amount of $3,443.00 for Fire Station No. 8. 29. Addendum to Purchase of Service Agreement with Cass Human Service Zone 30. Request for out-of-grade pay for Hunter Hubrig. Emergency Prep Environmental Health Practitioner I, effective 1/1.2410 3/324 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) 32. Set April 1, 2024 at 5:15 pm as the date and time for a Public Hearing on a dangerous building located at 1022 9th Avenue North 33. Direct the City Attomey to amend Fargo Municipal Code Article 13-09 to include a definition for "inoperative." 34. Resolution approving Plat of Autumn Fields Third Addition 35. Resolution approving Plat of Laveme's Fourth Addition 36. Extension of unpaid leave for Wayne Hegseth through 5/31/24. 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) 38. Services Agreement-Lawn Maintenance Services with Valley Green and Associates (RFP22037). 39. Services Agreement-Lawn Maintenance Services with JT Lawn Services (RFP23056) 40. Easement (Temporary Construction Easement) with the Municipal Airport Authority of the City of Fargo, Cass County. ND 41 Reject the bids for Waste Water Treatment Plant Flood Protection Improvements Project No. WW1707 and rebid the project 42. Bills REGULAR AGENDA: 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/Virtual Commission). "Public Input Opportunity PUBLIC HEARINGS-5:15pm: 44. PUBLIC HEARING-Plat of Meadow View Second Addition (6704-6794 Meadow View Drive South approval recommended by the Planning Commission on 10/323 45. F PUBLIC HEARING-Interstate Business District Addition (4753 45th Street North and 4269 40th Avenue North: approval recommended by the Planning Commission on 2/6/24 a. Growth Plan Amendment from Residential Area, Lower Medium D Commercial and Proposed Park to Industrial and I b. Zoning Change from AG. Agricultural and L, Limited Industrial with a C-O, Conditional Overlay to L, Limited Industrial with a C-O, Conditional Overlay, GC, General Commercial with a C-O. Conditional Overlay and Pl, Public and Institutional c. 1st reading of rezoning Ordinance d. Plat of Interstate Business District Addition 46. PUBLIC HEARING Plat of Alex's First Addition (5080 38th Street South). 47. PUBLIC HEARING-Application filed by Border States Industries, Inc. 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 48. Presentation from czb, LLC on the progress of the Growth Plan 2024 49. Presentation of the Annual Review of F-M Ambulance, Inc. dba Sanford Ambulance-Fargo 50. Presentation of the 2023 Police Department's Annual Report 51 Applications for Property Tax Exemptions for Improvements Made to Buildings: a Erik Bamer and Whitney Schreiber Beck Bamer, 312 Southwood Drive South (5 years). b. Trevor and Kathryn Christianson, 222 Linden Avenue South (5 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). Patrick and Natasha Thomas, 1707 9th Street South (5 years). Jane Grove, 4332 Carrie Rose Lane South (5 years). h. Brian Trauman, 812 7th Street North (5 years). Richard and Jo Ellen Solberg. 4330 Camie Rose Lane South (5 years). David and Rebecca Berg. 4402 Camie Rose Lane South (5 years) k. Dustin Marlatt and Morgan Dewitt, 1614 4th Avenue South (S years). Jeannine Galbreath, 4410 Carrie Rose Lane South (5 years). 52. Set 7:30a.m. Tuesday, April 9, 2024, as the date for the Board of Equalization to meet 53. Liaison Commissioner Assignment Updates THE CITY OF Fargo FAR MORE A Pledge of Allegiance B. Roll Call C Approve Order of Agenda D. Minutes ( Regular Meeting , March 4 , 2024 ) FARGO CITY COMMISSION AGENDA Monday , March 18 , 2024 - 5:00 p.m. CONSENT AGENDA - APPROVE THE FOLLOWING : 1 Receive and file the Summons and Complaint relating to the David Herring and Patricia Frazier vs. First Trans , Inc. dba Transdev Services , Inc. 2. Receive and flea Notice of Appeal from a Decision of a Local Governing Body Pursuant to N.D.C.C. $ 28-34-01 - Liquid Hospitality , LLC dba Windbreak Saloon v . Board of City Commissioners of the City of Fargo 3. Direct the City Attomey to amend Fargo Municipal Codes 25-1501 and 25-1503 to define the stream of service , to clarity server training requirements and to clarify the age to be employed where alcohol is served 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 managers change 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 he liquor license violations identified at Royal Liquors 6. Concur with the findings of staff and the Liquor Control Board and apply t Z y 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 Dicious 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 ) . 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 9. Ste Authorizations for Games of Chance : a . Plains Art Museum at Wild Bill's Sports Saloon b . Plains Art Museum at Big Top Bingo c . Plains Art Museum at Blue Wolf Casino ( West Acres Bowl ) , 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 sports pool from 9 / 9 / 24-12 / 30 / 24 d . El Zagal Escort Motor Patrol for a raffle on 3/23/24 . e . United Way of Cass - Clay for a raffle on 3/28/24 . 1. Anne Carlsen for a raffle on 4/27/24 . 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 11. Developer Agreements with ARD Properties , LLC and Storage Kings ND , LLC for Interstate Business District Addition 12 , Right of Way Use Agreement with EOLA Landholdings , LLC for 4470 24th Avenue South . 13. Bid award to Roers Construction Company LLC in the amount of $ 460.483.45 for Project No. SR - 24 - A1 14. Negative Final Balancing Change Order No. 2 in the amount of $ 128.978.24 for Improvement District No. BR - 23 - H1 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 16. Memorandum of Otter to Landowner for Easement ( Temporary Construction Easement with New Millennium Real Estate Partners , LLP ( Improvement District No. BR - 23 - G2 ) . 17. Bid award to Northern Improvement Company in the amount of $ 2.430,023.07 for Improvement District No. BN - 23 - J1 18. Create Improvement District No. BN - 23 - G ( New Paving and Utility Construction ) 19. Create Improvement District No. BN - 24 - A ( New Paving and Utility Construction ) 20. Create Improvement District No. BR - 24 - F ( Paving and Usity Rehab Reconstruction ) 21 Create Improvement District No. NR - 23 - C ( Storm Sewer Litt Station Rehab Reconstruction and Incidentals ) . 22. Create Improvement District No. PR - 24 - G ( Asphalt Mill and Overlay ) 23. Contract and bond for Project No. FM - 24 - A1 24. Contract and bond for Project No. NR - 24-83 25. Contract and bond for Improvement District No. BR - 24 - C1 . 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 ) 27 Change Order Nos . 10 and 11 in the amount of $ 17,956.00 for Fire Station No. 8 . 28 : Change Order No. 2 in the amount of $ 3,443.00 for Fire Station No. 8 . 29. Addendum to Purchase of Service Agreement with Cass Human Service Zone 30. Request for out - of - grade pay for Hunter Hubrig . Emergency Prep Environmental Health Practitioner I , effective 1 / 1.2410 3/324 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 ) 32. Set April 1 , 2024 at 5:15 pm as the date and time for a Public Hearing on a dangerous building located at 1022 9th Avenue North 33. Direct the City Attomey to amend Fargo Municipal Code Article 13-09 to include a definition for " inoperative . " 34. Resolution approving Plat of Autumn Fields Third Addition 35. Resolution approving Plat of Laveme's Fourth Addition 36. Extension of unpaid leave for Wayne Hegseth through 5/31/24 . 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 ) 38. Services Agreement - Lawn Maintenance Services with Valley Green and Associates ( RFP22037 ) . 39. Services Agreement - Lawn Maintenance Services with JT Lawn Services ( RFP23056 ) 40. Easement ( Temporary Construction Easement ) with the Municipal Airport Authority of the City of Fargo , Cass County . ND 41 Reject the bids for Waste Water Treatment Plant Flood Protection Improvements Project No. WW1707 and rebid the project 42. Bills REGULAR AGENDA : 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/Virtual Commission ) . " Public Input Opportunity PUBLIC HEARINGS - 5 : 15pm : 44. PUBLIC HEARING - Plat of Meadow View Second Addition ( 6704-6794 Meadow View Drive South approval recommended by the Planning Commission on 10/323 45. F PUBLIC HEARING - Interstate Business District Addition ( 4753 45th Street North and 4269 40th Avenue North : approval recommended by the Planning Commission on 2/6/24 a . Growth Plan Amendment from Residential Area , Lower Medium D Commercial and Proposed Park to Industrial and I b . Zoning Change from AG . Agricultural and L , Limited Industrial with a C - O , Conditional Overlay to L , Limited Industrial with a C - O , Conditional Overlay , GC , General Commercial with a C - O . Conditional Overlay and Pl , Public and Institutional c . 1st reading of rezoning Ordinance d . Plat of Interstate Business District Addition 46. PUBLIC HEARING Plat of Alex's First Addition ( 5080 38th Street South ) . 47. PUBLIC HEARING - Application filed by Border States Industries , Inc. 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 48. Presentation from czb , LLC on the progress of the Growth Plan 2024 49. Presentation of the Annual Review of F - M Ambulance , Inc. dba Sanford Ambulance - Fargo 50. Presentation of the 2023 Police Department's Annual Report 51 Applications for Property Tax Exemptions for Improvements Made to Buildings : a Erik Bamer and Whitney Schreiber Beck Bamer , 312 Southwood Drive South ( 5 years ) . b . Trevor and Kathryn Christianson , 222 Linden Avenue South ( 5 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 ) . Patrick and Natasha Thomas , 1707 9th Street South ( 5 years ) . Jane Grove , 4332 Carrie Rose Lane South ( 5 years ) . h . Brian Trauman , 812 7th Street North ( 5 years ) . Richard and Jo Ellen Solberg . 4330 Camie Rose Lane South ( 5 years ) . David and Rebecca Berg . 4402 Camie Rose Lane South ( 5 years ) k . Dustin Marlatt and Morgan Dewitt , 1614 4th Avenue South ( S years ) . Jeannine Galbreath , 4410 Carrie Rose Lane South ( 5 years ) . 52. Set 7:30 a.m . Tuesday , April 9 , 2024 , as the date for the Board of Equalization to meet 53. Liaison Commissioner Assignment Updates