THE CITY OF Fargo FAR MORE Executive Session at 4:00p.m. Roll Call PLEASE NOTE: The City Commission will convene in the City Commission Chambers at 4:00 pm on Tuesday, September 3, 2024, and retire into Executive Session in the Red River Room for the purpose of attorney consultation and to discuss whether to participate in the Class Action Settlements involving Tyco and BASF, and attorney consultation to discuss threatened litigation regarding an employment matter. To discuss these matters in open session would have an adverse fiscal effect on the bargaining or litigation position of the public entity. Therefore, an Executive Session for these matters is authorized pursuant to North Dakota Century Code 544-04-191 subsections 2.5 and 9. Regular Meeting at 5:00 pm. A. Pledge of Allegiance. B. Roll Call C. Approve Order of Agenda. D. Minutes (Regular Meeting. August 19, 2024) CONSENT AGENDA - APPROVE THE FOLLOWING: L 2nd reading, waive reading and final adoption of an Ordinance Amending Section 23-0211 of Article 23-02 of Chapter 23 of the Fargo Municipal Code Relating to the Electrical Code; 1st reading, 8/19/24. 2. 2nd reading, waive reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Schatz Fifth Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 8/19/24. 3. Amended Findings of Fact, Conclusions and Order of the Board of City Commissioners of the City of Fargo for property located at 909 4th Street North 4. Site Authorization for Game of Chance: a. Fargo Youth Hockey Association at Fargo Youth Hockey Main Office. 5. Applications for Games of Chance: a. Essentia Health Fargo Foundation for bingo raffle on 10/3/24. b. Farm in the Dell of the Red River Valley for a raffle on 10/28/24 c. ND FFA Foundation for a raffle on 11/9/24. d. NDSU Agribusiness, Applied Econ for a raffle on 11/15/24. e. NDSU Foundation for a raffle on 9/21/24 1. St. John Paul Catholic Schools for a raffle on 9/6/24. 9. St. John Paul Catholic Schools for a raffle on 4/26/25 6 Notice of Grant Award from the ND Department of Health and Human Services for EPR Statewide Response (CFDA #93.069). 7. Bid award to Dakota Underground Company in the amount of $17,960,631.45 for Improvement District No. BR-23-G3 (NDDOT Project No. TMA-SU-8-984(169). 8. Memorandum of Offer to Landowner for Permanent Easement (Storm Sewer and Utility) and Permanent Easement (Sidewalk) with Northern States Power Company (Improvement District No. PR-24-A1). 9. US Department of the Interior US Geological Survey Joint Funding Agreement for Water Resource Investigations for installation and maintenance of a webcam monitoring system for the Red River at 2nd Street South 10. Pipeline License with BNSF Railway Company (Improvement District No. UR-24-C 11. Change Order No. 3 in the amount of $23,469.07 for Improvement District No. BR-24-81 12. Change Order No. 3 in the amount of $54.433.09 for Improvement District No. BR-24-A1 13. Negative Final Balancing Change Order No. 3 in the amount of -$50.999.20 for Improvement District No. BR-23-J1 FARGO CITY COMMISSION AGENDA Tuesday, September 3, 2024 - 4:00 p.m. 14. Change Order No. 1 for time extensions to 6/13/25 for Substantial Completion Date and 7/14/25 for Final Completion Date for Improvement District No. BR-24-G1 15. Amendment No. 1 in the amount of $10,670.00 for Improvement District No. BR-26-80 16. Easement (Temporary Construction Easement) with Sysco North Dakota, Inc. (Improvement District No. NR-24-C1). 17. Create Improvement District No. UR-24-F (Sanitary Sewer Lining). 18. Create Improvement District No. BN-24-8 (New Paving and Utility Construction 19. Negative Final Balancing Change Order No. 2 in the amount of -$9173.06 for Project No. UN-23-82. 20. NDDOT Cost Participation, Construction and Maintenance Agreements - LPA Federal Aid Projects for Red River Shared Use Path Phase 2 and Drain 27 Crossing (Project Nos. SN-24-A1 and SN-25-A1). 21. Change Order No. 2 in the amount of $74.240.00 for Project No. NR-24-82. 22. Bid advertisement for Project No. UR-24-1 (Sanitary Sewer Repair and Incidentals) 23. Change Order No. 3 in the amount of $3,132.79 for Fire Station No. 8 (electrical construction contract). 24. Change Orders for Fire Station No. 8 (general construction contract a. No. 16 in the amount of $2,100.00 b. No. 17 in the amount of -$4,043.00 c. No. 18 in the amount of $6.608.60 25. Items from the FAHR Staff meeting: a. Receive and file Sales Tax update. b. Authorization of up to $99,500.00 in funding from FARGODOME permanent fund for the purpose of hiring a firm to prepare a campaign of factual information pieces surrounding the planned FARGODOME remodel project. c. Approve MOU with Craftwell including City of Fargo's share of landscaping initial costs of $6,980.00 d. Approve 2023 ACFR & Audit Report. e. f Authorize contract amendment extension (RFP22106) with czb, LLC as the consultant for the Fargo Growth Plan 2024. Approve funding sources for the NP Parking Garage construction Approve Resolution identifying projects to be included in the Fall 2024 Tax-Exempt Appropriation Bond. 26. Resolution approving Plat of Westrac Fifth Addition 27. Accept donation and budget adjustment for Police Department in the amount of $7,000.00 raised through Hometown Hero's event. 28. Extension of the 2022/2023 Services Agreements - Snow Hauling Trucking Services with Master Construction; Lenzmeier Trucking Inc; and Diesel Dogs Trucking, LLC for the 2024/2025 snow season (RFP22137). 29. Extension of the 2022/2023 Services Agreement-Sidewalk Snow and Ice Removal Services City Owned Properties with Turf Tamers LLC and Valley Green & Associates for the 2024/2025 snow season (RFP22129). 30. Extension of the 2023/2024 Street Snow Plowing Services Agreement with Master Construction Company for the 2024/2025 snow season (RFP23138) 31 Extension of the 2022/2023 Services Agreement Snow Groomer Equipment Services with Midwest Snow Services LLC for the 2024/2025 winter season with a 3% hourly price increase (RFP22156). 32. Extension of the 2022/2023 Services Agreement-Sidewalk Snow and Ice Removal Services City Owned Properties with Valley Green & Associates for the 2024/2025 snow season (RFP22139). 33. Interim Joint Powers Agreement with the City of Moorhead for implementation of the Transit Reorganization Study. 34, ND Department of Transportation State Aid for Public Transit Agreement for FY 2025. 35. Operation and maintenance surcharge increase for Southeast Cass Sewer District 89-1. 36. Amendment No. 1 to Task Order No. 10 with AE2S in the amount of $42,400.00 for Improvement District No. BN-23-FO 37. Amendment No. 1 to Task Order No. 11 with AE2S in the amount of $21,900.00 for Project No. WW1707. 38. Change Order No. 5 from PKG Contracting, Inc. in the amount of $523,095.00 for complete heating ventilation and plumbing improvements associated with the Trickling Filter Pump Station for Project WW1701 (Phase IB Improvements). 39. Task Order No. 12 with AE2S in the amount of $70,000.00 for preliminary engineering, final design and bidding services for Lift Station No. 62 improvements (Project No. WW2005). 40. Bills. REGULAR AGENDA: 41. Construction update. PUBLIC HEARINGS-5:15pm; 42. PUBLIC HEARING-WITHDRAWN-Application for an ownership change for the Class "Z" Alcoholic Beverage License for Vault Partners LLP d/b/a Fort Noks located at 52 Broadway North: continued from the 7/22/24 Regular Meeting. 43. PUBLIC HEARING - Application for an ownership change for the Class "GH" Alcoholic Beverage License for Slice, LLC to Blarney Stone Pub LLC d/b/a Duane's House of Pizza located at 1629 South University Drive. 44. PUBLIC HEARING - Application for a Class "O" Alcoholic Beverage License for Agassiz Wine d/b/a Agassiz Wine to be located at 612 23rd Street South 45. PUBLIC HEARING Application to transfer the Class "A" Alcoholic Beverage License from Jones Enterprises, Inc. d/b/a Slammers to Jones Enterprises, Inc. d/b/a Xcalibur Entertainment located at 707 28th Avenue North 46. 2nd reading and final adoption of an Ordinance Enacting Article 10-14 of Chapter 10 of the Fargo Municipal Code Relating to Camping on Public Property, 1st reading 8/19/24 a. Recommendation to adopt a Resolution Regarding Ordinance Prohibiting Camping on Public Property and Rights of Way in the City of Fargo. 47. Department updates on The Arbors. 48. Recommendation for appointments to the Housing and Redevelopment Authority. 49. Applications for Property Tax Exemptions for Improvements Made to Buildings a. Benjamin Balas and Erin Conwell, 1258 4th Street North (5 years). b. James and Deneen Gilmour, 3061 Bohnet Boulevard North (5 years). c. Nelvin and Jeanette Miller, 323 21st Street South (5 years). d. Howard and Kathleen Fulks, 1719 10th Street South (5 years). 50. Liaison Commissioner Assignment Updates. 51. 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 EargoND.gov/Virtual Commission). THE CITY OF Fargo FAR MORE Executive Session at 4:00 p.m . Roll Call PLEASE NOTE : The City Commission will convene in the City Commission Chambers at 4:00 pm on Tuesday , September 3 , 2024 , and retire into Executive Session in the Red River Room for the purpose of attorney consultation and to discuss whether to participate in the Class Action Settlements involving Tyco and BASF , and attorney consultation to discuss threatened litigation regarding an employment matter . To discuss these matters in open session would have an adverse fiscal effect on the bargaining or litigation position of the public entity . Therefore , an Executive Session for these matters is authorized pursuant to North Dakota Century Code 544-04-191 subsections 2.5 and 9 . Regular Meeting at 5:00 pm . A. Pledge of Allegiance . B. Roll Call C. Approve Order of Agenda . D. Minutes ( Regular Meeting . August 19 , 2024 ) CONSENT AGENDA - APPROVE THE FOLLOWING : L 2nd reading , waive reading and final adoption of an Ordinance Amending Section 23-0211 of Article 23-02 of Chapter 23 of the Fargo Municipal Code Relating to the Electrical Code ; 1st reading , 8/19/24 . 2. 2nd reading , waive reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Schatz Fifth Addition to the City of Fargo , Cass County , North Dakota ; 1st reading , 8/19/24 . 3. Amended Findings of Fact , Conclusions and Order of the Board of City Commissioners of the City of Fargo for property located at 909 4th Street North 4. Site Authorization for Game of Chance : a . Fargo Youth Hockey Association at Fargo Youth Hockey Main Office . 5. Applications for Games of Chance : a . Essentia Health Fargo Foundation for bingo raffle on 10/3/24 . b . Farm in the Dell of the Red River Valley for a raffle on 10/28/24 c . ND FFA Foundation for a raffle on 11/9/24 . d . NDSU Agribusiness , Applied Econ for a raffle on 11/15/24 . e . NDSU Foundation for a raffle on 9/21/24 1 . St. John Paul Catholic Schools for a raffle on 9/6/24 . 9. St. John Paul Catholic Schools for a raffle on 4/26/25 6 Notice of Grant Award from the ND Department of Health and Human Services for EPR Statewide Response ( CFDA # 93.069 ) . 7. Bid award to Dakota Underground Company in the amount of $ 17,960,631.45 for Improvement District No. BR - 23 - G3 ( NDDOT Project No. TMA - SU - 8-984 ( 169 ) . 8. Memorandum of Offer to Landowner for Permanent Easement ( Storm Sewer and Utility ) and Permanent Easement ( Sidewalk ) with Northern States Power Company ( Improvement District No. PR - 24 - A1 ) . 9. US Department of the Interior US Geological Survey Joint Funding Agreement for Water Resource Investigations for installation and maintenance of a webcam monitoring system for the Red River at 2nd Street South 10. Pipeline License with BNSF Railway Company ( Improvement District No. UR - 24 - C 11. Change Order No. 3 in the amount of $ 23,469.07 for Improvement District No. BR - 24-81 12. Change Order No. 3 in the amount of $ 54.433.09 for Improvement District No. BR - 24 - A1 13. Negative Final Balancing Change Order No. 3 in the amount of - $ 50.999.20 for Improvement District No. BR - 23 - J1 FARGO CITY COMMISSION AGENDA Tuesday , September 3 , 2024 - 4:00 p.m. 14. Change Order No. 1 for time extensions to 6/13/25 for Substantial Completion Date and 7/14/25 for Final Completion Date for Improvement District No. BR - 24 - G1 15. Amendment No. 1 in the amount of $ 10,670.00 for Improvement District No. BR - 26-80 16. Easement ( Temporary Construction Easement ) with Sysco North Dakota , Inc. ( Improvement District No. NR - 24 - C1 ) . 17. Create Improvement District No. UR - 24 - F ( Sanitary Sewer Lining ) . 18. Create Improvement District No. BN - 24-8 ( New Paving and Utility Construction 19. Negative Final Balancing Change Order No. 2 in the amount of - $ 9173.06 for Project No. UN - 23-82 . 20. NDDOT Cost Participation , Construction and Maintenance Agreements - LPA Federal Aid Projects for Red River Shared Use Path Phase 2 and Drain 27 Crossing ( Project Nos . SN - 24 - A1 and SN - 25 - A1 ) . 21. Change Order No. 2 in the amount of $ 74.240.00 for Project No. NR - 24-82 . 22. Bid advertisement for Project No. UR - 24-1 ( Sanitary Sewer Repair and Incidentals ) 23. Change Order No. 3 in the amount of $ 3,132.79 for Fire Station No. 8 ( electrical construction contract ) . 24. Change Orders for Fire Station No. 8 ( general construction contract a . No. 16 in the amount of $ 2,100.00 b . No. 17 in the amount of - $ 4,043.00 c . No. 18 in the amount of $ 6.608.60 25. Items from the FAHR Staff meeting : a . Receive and file Sales Tax update . b . Authorization of up to $ 99,500.00 in funding from FARGODOME permanent fund for the purpose of hiring a firm to prepare a campaign of factual information pieces surrounding the planned FARGODOME remodel project . c . Approve MOU with Craftwell including City of Fargo's share of landscaping initial costs of $ 6,980.00 d . Approve 2023 ACFR & Audit Report . e . f Authorize contract amendment extension ( RFP22106 ) with czb , LLC as the consultant for the Fargo Growth Plan 2024 . Approve funding sources for the NP Parking Garage construction Approve Resolution identifying projects to be included in the Fall 2024 Tax - Exempt Appropriation Bond . 26. Resolution approving Plat of Westrac Fifth Addition 27. Accept donation and budget adjustment for Police Department in the amount of $ 7,000.00 raised through Hometown Hero's event . 28. Extension of the 2022/2023 Services Agreements - Snow Hauling Trucking Services with Master Construction ; Lenzmeier Trucking Inc ; and Diesel Dogs Trucking , LLC for the 2024/2025 snow season ( RFP22137 ) . 29. Extension of the 2022/2023 Services Agreement - Sidewalk Snow and Ice Removal Services City Owned Properties with Turf Tamers LLC and Valley Green & Associates for the 2024/2025 snow season ( RFP22129 ) . 30. Extension of the 2023/2024 Street Snow Plowing Services Agreement with Master Construction Company for the 2024/2025 snow season ( RFP23138 ) 31 Extension of the 2022/2023 Services Agreement Snow Groomer Equipment Services with Midwest Snow Services LLC for the 2024/2025 winter season with a 3 % hourly price increase ( RFP22156 ) . 32. Extension of the 2022/2023 Services Agreement - Sidewalk Snow and Ice Removal Services City Owned Properties with Valley Green & Associates for the 2024/2025 snow season ( RFP22139 ) . 33. Interim Joint Powers Agreement with the City of Moorhead for implementation of the Transit Reorganization Study . 34 , ND Department of Transportation State Aid for Public Transit Agreement for FY 2025 . 35. Operation and maintenance surcharge increase for Southeast Cass Sewer District 89-1 . 36. Amendment No. 1 to Task Order No. 10 with AE2S in the amount of $ 42,400.00 for Improvement District No. BN - 23 - FO 37. Amendment No. 1 to Task Order No. 11 with AE2S in the amount of $ 21,900.00 for Project No. WW1707 . 38. Change Order No. 5 from PKG Contracting , Inc. in the amount of $ 523,095.00 for complete heating ventilation and plumbing improvements associated with the Trickling Filter Pump Station for Project WW1701 ( Phase IB Improvements ) . 39. Task Order No. 12 with AE2S in the amount of $ 70,000.00 for preliminary engineering , final design and bidding services for Lift Station No. 62 improvements ( Project No. WW2005 ) . 40. Bills . REGULAR AGENDA : 41. Construction update . PUBLIC HEARINGS - 5 : 15pm ; 42. PUBLIC HEARING - WITHDRAWN - Application for an ownership change for the Class " Z " Alcoholic Beverage License for Vault Partners LLP d / b / a Fort Noks located at 52 Broadway North : continued from the 7/22/24 Regular Meeting . 43. PUBLIC HEARING - Application for an ownership change for the Class " GH " Alcoholic Beverage License for Slice , LLC to Blarney Stone Pub LLC d / b / a Duane's House of Pizza located at 1629 South University Drive . 44. PUBLIC HEARING - Application for a Class " O " Alcoholic Beverage License for Agassiz Wine d / b / a Agassiz Wine to be located at 612 23rd Street South 45. PUBLIC HEARING Application to transfer the Class " A " Alcoholic Beverage License from Jones Enterprises , Inc. d / b / a Slammers to Jones Enterprises , Inc. d / b / a Xcalibur Entertainment located at 707 28th Avenue North 46. 2nd reading and final adoption of an Ordinance Enacting Article 10-14 of Chapter 10 of the Fargo Municipal Code Relating to Camping on Public Property , 1st reading 8/19/24 a . Recommendation to adopt a Resolution Regarding Ordinance Prohibiting Camping on Public Property and Rights of Way in the City of Fargo . 47. Department updates on The Arbors . 48. Recommendation for appointments to the Housing and Redevelopment Authority . 49. Applications for Property Tax Exemptions for Improvements Made to Buildings a . Benjamin Balas and Erin Conwell , 1258 4th Street North ( 5 years ) . b . James and Deneen Gilmour , 3061 Bohnet Boulevard North ( 5 years ) . c . Nelvin and Jeanette Miller , 323 21st Street South ( 5 years ) . d . Howard and Kathleen Fulks , 1719 10th Street South ( 5 years ) . 50. Liaison Commissioner Assignment Updates . 51. 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 EargoND.gov/Virtual Commission ) .