FARGO CITY COMMISSION AGENDA Monday, June 27, 2022 - 5:00 p.m. A. Pledge of Allegiance. We’ll begin with the Pledge of Allegiance. I invite you to join us. B. Roll Call. Roll call, please. C. Approve Order of Agenda. Is there a motion to approve the Order of the Agenda, moving Item No. 26 from the Consent Agenda to the Regular Agenda? Second? Any discussion? If not, all in favor say aye, opposed say nay, motion carried. D. Minutes (Regular Meeting, June 13, 2022; Special Meeting, June 9, 2022). Is there a motion to approve the minutes of the June 13, 2022 Regular Meeting and the June 9, 2022 Special Meeting? Second? Any discussion? If not, all in favor say aye, opposed say nay. Motion carried. CONSENT AGENDA – APPROVE THE FOLLOWING: Is there a motion to approve Consent Agenda items “1” through “40”, excluding Item No. 26 which has been moved to the Regular Agenda? Second? Any discussion? If not, roll call please. Motion carried. 1. Letter of Support for Susan’s Daycare, LLC. 2. 1st reading of a Gas Franchise Ordinance. 3. 2nd reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in MHB Guardian Addition; 1st reading, 6/13/22. 4. Accept the resignation of Justin Nachatilo in exchange for a waiver and withdrawal of any and all claims relative to his employment with the City of Fargo. 5. Resolution Establishing Northern States Power Franchise Fee. 6. Site Authorizations for Games of Chance: a. Fargo Youth Hockey Association at H.A. Thompson Arena. b. Fargo Youth Hockey Association at Buffalo Wild Wings. 7. Applications for Games of Chance: a. El Zagal Misfits for a raffle on 10/22/22. b. St. Anthony of Padua Church for bingo and a raffle on 9/25/22. c. El Zagal Shrine Temple for a calendar raffle the last day of each month January – December of 2023. d. Fargo Gateway Lions for a raffle on 7/12/22. e. EagleRidge Legacy Fund, Inc. for a raffle on 7/21/22; Public Spirited Resolution. 8. Extension of the Class “FARZ” Alcoholic Beverage License for the New Monte’s, Inc. d/b/a Twist until 12/31/22. 9. Extension of the Class “A-8” Alcoholic Beverage License for BFG, Inc. d/b/a Borrowed Buck’s Roadhouse until 12/31/22. 10. City of Fargo Resolution Authorizing Officers to Make Deposits and Withdrawals and approve the Designated Depositories. 11. Bid award for Project No. FM-22-B1. 12. Contract Amendment No. 1 with Metro COG in the amount of $44,976.65 for Project No. MS-21-H0. 13. Change Order No. 1 for an increase of $149,943.80 for Project No. FM-19-C1. 14. Reallocation of funds in the amount of $63,547.00 for additional cleaning services at City Hall with Automated Maintenance Service (RFP21014-B), pending Finance Committee approval. 15. Reallocation of funds in the amount of $25,000.00 to reimburse Fargo Baseball, LLC for the leveling of the infield at Newman Outdoor Stadium (SSP22062), pending Finance Committee approval. 16. Reallocation of funds in the amount of $439,080.00 for the buildout of the PD Substation and Interstate Parking Offices at the Mercantile Parking Ramp, pending Finance Committee approval. 17. Rate of $.30/minute for the Electric Vehicle Charger at City Hall effective 7/1/22. 18. Receive and file General Fund – Budget to Actual through May 2022 (unaudited). 19. State Water Commission request for cost reimbursement in the amount of $1,391,419.51 for the Fargo-Moorhead Metropolitan Area Flood Risk Management Project. 20. Contract with EAPC for the remodeling of Fire Station No. 2 and the construction of Fire Station No. 8 (RFQ22059). 21. Notice of Grant Award Amendment from the ND Department of Health for PHEP – Statewide Response Team (CFDA #93.069). 22. Notice of Grant Award Amendment from the ND Department of Health for local public health unit Tobacco Prevention and Control Program. 23. Notice of Grant Award from the ND Department of Health and Human Services for Increasing Immunization Rates for local public health units (CFDA #93.268). 24. Agreement for Services with AE2S (SSP22105). 25. Resolutions Approving the following Plats: a. GPK Addition. b. Asleson Commercial Third Addition. 26. Direct the City Attorney to examine Chapters 18-03 and 11-02. 27. Memorandum of Understanding with the United States Postal Inspection Service. 28. Amendments to Contract Nos. 38190959 and 38190973 with the ND Department of Transportation. 29. Contract with Valley Green & Associates for Transit Passenger Shelter and Hub Snow Clearing and Hauling Services. 30. Contract with Valley Green & Associates for Transit Passenger Shelter Maintenance Services. 31. Water Utility personnel to provide written comments to the EPA regarding new State Revolving Fund (SRF) program requirements. 32. Contract and bond for Project No. SW 22-01, GTC Elevator Modernization (AFB22087) and Municipal Court Reroof Project (AFB22088). 33. Bills. 34. Change Order No. 3 for an increase of $39,512.07 for Improvement District No. BN-21-H1. 35. Payment to Lumen in the amount of $1,227.18 for relocation of a utility hand hole (Improvement District No. BN-22-F1). 36. Change Order No. 3 for a time extension to the substantial and final completion dates to 10/1/22 and 10/31/22 for Improvement District No. BR-21-C1. 37. Permanent Easement (Storm Sewer) with V V Estates, LLC in association with Improvement District No. BN-21-E1. 38. Permanent Easement (Storm Sewer) with 76th Street Holdings, LLC in association with Improvement District No. BN-22-J1. 39. The use of ACE Fibers with no modification to the asphalt oil and associated change order for Improvement District No. PN-22-A1. 40. Contract and bond for Improvement District No. BN-22-F1. REGULAR AGENDA: 41. 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). In Person Speakers Grace Sumbwa Don Wold 42. *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm: a. Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2022. Explanation by Julie Bommelman. Is there anyone present who wishes to address the City Commission regarding this grant program? Is there anyone present who wishes to speak? If not, we’ll close the public hearing. Is there a motion? Second? Any discussion? If not, roll call please. Motion carried. b. Hearing on a dangerous building located at 1108 18th Street North. Explanation by Shawn Ouradnik. Is there anyone present who wishes to address the City Commission regarding this Hearing on a dangerous building? Is there anyone present who wishes to speak? If not, we’ll close the public hearing. Is there a motion? Second? Any discussion? If not, roll call please. Motion carried. c. Proposed Amendments to the 2021 and 2022 HUD Action Plans. Explanation by Tia Braseth. Is there anyone present who wishes to address the City Commission regarding these proposed amendments? Is there anyone present who wishes to speak? If not, we’ll close the public hearing. d. Proposed Amendments to the 2021 Action Plan Activities for HOME American Rescue Plan (ARP) Program. Explanation by Tia Braseth. Is there anyone present who wishes to address the City Commission regarding these proposed amendments? Is there anyone present who wishes to speak? If not, we’ll close the public hearing. e. Revised Developer Agreement with Grove Enclave LLC for Tax Increment Financing District No. 2021-03 (2301 University Drive South). Explanation by Jim Gilmour. Is there anyone present who wishes to address the City Commission regarding this revised agreement? Is there anyone present who wishes to speak? If not, we’ll close the public hearing. Is there a motion? Second? Any discussion? If not, roll call please. Motion carried. f. Application for the transfer of a Class “Z” Alcoholic Beverage License from D & C Lab, LLP d/b/a Labby’s Bar and Grill to be located at 1100 19th Avenue North; ownership change only. Explanation by Steve Sprague. Is there anyone present who wishes to address the City Commission regarding this transfer? Is there anyone present who wishes to speak? If not, we’ll close the public hearing. Is there a motion? Second? Any discussion? If not, roll call please. Motion carried. 43. Recommendation to accept the results of the Cass County Canvassing Board. Explanation by Steve Sprague. Is there a motion? Second? Any discussion? If not, roll call please. Motion carried. 44. Discussion regarding the University Drive and 10th Street Corridor Study. Explanation by Jeremy Gorden and Nicole Crutchfield. Is there a motion? Second? Any discussion? If not, roll call please. Motion carried. 45. Application for Property Tax Exemptions for Improvements Made to Buildings for James and Jodi Spaeth, 262 Oakwood Court South (5 year). Is there a motion? Second? Any discussion? If not, roll call please. Motion carried. 46. Recommendation for appointment to the Board of Appeals. You have my recommendations, is there a motion? Second? Any discussion? If not, roll call please. Motion carried. 47. Wess Philome would like to discuss Fargo PDs Internal Investigations. Explanation by Wess Philome. Is there a motion to refer this item to the Police Advisory and Oversight Board? Second? Any discussion? If not, roll call please. Motion carried. 26. Direct the City Attorney to examine Chapters 18-03 and 11-02. Explanation by Nancy Morris. Is there a motion? Second? Any discussion? If not, roll call please. Motion carried. Motion to adjourn? Second? Motion carried. VNDRNAME VNDRAMT A & R ROOFING CO INC 1554 THOMAS ADDAI 220 ADVANCED ENGINEERING INC 54526.22 ADVANCED STRIPING AND SEALCOATING 1700 AECOM TECHINCAL SERVICES, INC 15890 AGASSIZ UNDERGROUNG LLC 40 ALL TERRAIN GROUNDS MAINT INC 4877.5 AMERICAN MAIL HOUSE INC 6450 AMERICAN WELDING & GAS INC 118.65 APEX ENGINEERING GROUP INC 274122.08 ATKINS, JUDY 4875 NADINE BALLWEG 101.79 BENEFACTOR GROUP 8160 BERG GRAIN & PRODUCE-FARGO INC 1250 BORDER STATES PAVING INC 138271.66 BRAUN INTERTEC CORP 18460 CASS COUNTY ELECTRIC COOP 125397.09 CASS COUNTY JOINT WATER RESOURCE DI 2706251.31 CENTRE INC 2952 DAKOTA PRINTER REPAIR 274 DANIELSON, CRAIG 272.44 DESIGN CLEANING LLC 11646.67 DIRT DYNAMICS 29000 DISCOVERY BENEFITS 1469.18 LOLA DOSCH 289 DOYLES YELLOW CHECKER CAB INC 254.92 NICHOLAS DUFTY 81.4 KAREN EISENHARDT 105.85 ERIK R JOHNSON & ASSOCIATES LTD 5875 ETSYSTEMS, INC 549.33 FARGO AQUARIUMS INC 100 FARSTAD OIL - PARKLAND USA CORP 353.7 FM ASPHALT, LLC 284.2 JAMIE FRENCH 157.95 GOLDSTAR SERVICES 1905 GOPHER STATE ONE-CALL 5.4 GRAYMONT (WI),LLC 28132.94 GREAT PLAINS FIRE 278.03 TROY HALL 343.7 HAWKINS INC 30390.23 HIGH POINT NETWORKS, INC 2818 TERRY HOGAN 103.5 HOUSTON-MOORE GROUP LLC 283331.45 INFOSEND 7930.36 INTERSTATE PARKING COMPANY OF ND 3365.24 JAMES G LUNDSTROM, DR 1331.8 JEFF’S PLUMBING & DRAIN CLEANING 215 JOHNSON & SCHOCK EXCAVATING LLC 61000 K & L CONSTRUCTION OF MOORHEAD MN 6650 KEY CONTRACTING INC 197621.85 MICHAEL KLEIN H 2780.09 KLJ ENGINEERING, LLC 9737.5 KNIGHT PRINTING 2115.6 KNIGHT PRINTING 12857.88 KOST MATERIALS, LLC 1012.5 LABOR MASTERS 3170.7 LINDE INC 5523.67 LYONS CONSTRUCTION 1709.45 MAGNUM ELECTRIC INC 76294.98 MASTER CONSTRUCTION CO INC 393114.75 MBN ENGINEERING INC 2451 JOLINDA MICHELS 107 MID AMERICA STEEL INC 225 MIDCONTINENT COMMUNICATIONS 302 ELIZABETH MILLER 80.5 MORLOCK, COLEEN 104.1 ND ONE CALL 3216.2 ND STATE ELECTRICAL BOARD 510 NEON LOON COMMUNICATIONS, LLC 8988.75 NORTHERN IMPROVEMENT CO 8591.24 NORTHERN PLAINS MECHANICAL 96277.5 NORTHLAND HOSPITALITY LLC 31666.67 NORTHSTAR SAFETY INC 206413.48 O’KEEFFE,O’BRIEN & LYSON ATTOR 18.75 OXBOW, CITY OF 1660.48 PARSONS ELECTRIC 14635.13 PASSPORT LABS INC 3065.64 PERSONNEL EVALUATION INC 150 PHELPS, JOHNNY DOYLE 15 PLEASANT TOWNSHIP (PERMITS) 5000 PPI CONSULTING LLC 475 PREFERENCE EMPLOYMENT SOLUTIONS INC 554.4 PROGRAM ADVISOR SERVICES, LLC 108574.66 RADIO FM MEDIA 350 RAILROAD MANAGEMENT COMPANY III,LLC 1253.2 RANDALL’S EXCAVATING INC 26292 RECOVERY ROOM 850 RECYCLE TECHNOLOGIES, INC. 2328.09 RED LEAF CUSTOM HOMES 106.72 RED RIVER SERVICE 7500 REINERT, THOMAS 63.53 ROADWAY SERVICES INC 32153.3 ROERS CONSTRUCTION INC 57692.82 RRV OVERTIME INC. 166.96 S&S REAL ESTATE LLC 90 SENTRY SECURITY INC 27043.51 SERKLAND LAW FIRM 139958.33 SIMPLIFILE LC 124.75 SRF CONSULTING GROUP 230.2 STANTEC CONSULTING SERVICES, INC 27098.06 STRATA CORPORATION 685.5 SUPERIOR ELECTRIC OF FARGO, LLC 11072.7 SURRYSTONE RESOURCES LLC 3500 TECH SALES COMPANY 4465 LORI THOMAS 211.78 TWIN CITY GARAGE DOOR 11384 VINCE ULSTAD 105.27 US BANK 1938.44 USALCO FAIRFIELD PLANT, LLC 35729.51 VALLEY VETERINARY HOSPITAL 15650 VOCATIONAL TRAINING CENTER 58.37 JOAN WANG 112.32 WORKFORCE SAFETY & INSURANCE 1083.48 XCEL ENERGY 407521.71 AMERICAN FAMILY INSURANCE 1245.64 AXA EQUITABLE 1045 CITY & COUNTY EMPLOYEE CREDIT UNION 36749.5 COLONIAL LIFE 8 CONSECO HEALTH INSURANCE COMPANY 73.48 FIREFIGHTER CHARITY FUND 229.5 WELLS FARGO 91709.74 JEFFERSON NATIONAL LIFE INSURANCE 15 MATRIX TRUST COMPANY 11542.22 MINNESOTA CHILD SUPPORT PAYMENT CTR 1830.3 NDPERS-NORTH DAKOTA PUBLIC EMPLOYEE 132.29 PROVIDENT LIFE & ACCIDENT 2447.46 SUPERIOR VISION INSURANCE INC 4688.69 UNITED WAY OF CASS-CLAY 441.84 ZUNTAFI CORP 221.17 45TH STREET MARKETPLACE 668.53 ACUITY BRANDS LIGHTING INC 6033 ADVANCED ENGINEERING INC 28111.5 ADVANTAGE CREDIT BUREAU INC 10.25 AMBASSADOR, INC 925 AMERICAN TECHNOLOGY SOLUTIONS 267.24 APEX ENGINEERING GROUP INC 168725.49 ARTCO PROMOTIONAL PRODUCTS, INC 1001.78 ASHURST LLP 25852.4 AVI SYSTEMS INC 9749.62 BAKER TILLY MUNICIPAL ADVISORS, LLC 2450 JONATHAN BELCOURT 400 BELL INSURANCE SERVICES LLC 240056 BERTS TRUCK EQUIPMENT 191.22 BISON SQUARE PARTNERSHIP 2300 BLUE CROSS BLUE SHIELD OF NORTH 1075316.27 BOAS NORTHPORT FARGO LLC 5716 AMANDA BOOHER 1250 BORDER STATES PAVING INC 723929.15 BRAUN INTERTEC CORP 4358.25 BURIAN & ASSOCIATES LLC 1701.25 CARDINAL HEALTH 110, LLC 4122 CENTURYLINK 17363 CHILLER SYSTEMS INC 1660.56 CHRISTIANSONS BUSINESS 146.53 CHURCHES UNITED FOR 116069.66 COLONIAL ENTERPRISES INC 2240 CROSSCOUNTRY FREIGHT SOLUTIONS, INC 133.43 CURTS LOCK & KEY SERVICE INC 130 DACOTAH FOUNDATION 5614.97 DAKOTA PLAINS MECHANICAL 275 DAKOTA UNDERGROUND CO INC 2057691.58 DIRT DYNAMICS 278868.42 ENGRAPHIX 490.1 ESSENTIA HEALTH 15547.04 ETSYSTEMS, INC 138.75 BRENNAN’S GARAGE LLC 123628.3 FARGO PARK DISTRICT 282641.09 FARSTAD OIL - PARKLAND USA CORP 34248.1 WHITNEY FEAR 130 FIRST TRANSIT INC 326681.05 FIRSTLINK 9627.97 DESIREE FLEMING 28 FM ASPHALT, LLC 585.22 FM CONVENTION & VISITORS 78231.26 FM CONVENTION & VISITORS 156462.56 FORUM COMMUNICATIONS (ADVERT) 850 GALAXY GLASS AND CAULKING 5792 TERRI GAYHART 1061.51 GHIMIREY, MADHUSUDHAN 155.82 GLENNS BODY REPAIR INC 3317.5 GREAT HALL PROPERTIES, LLC 300 GREAT NORTHERN ENVIRONMENTAL, LLC 5324.7 GSM FILTRATION, INC 35590.64 HAUGEN, MORGAN 60 MICHAEL HAWLEY 500 HEARTLAND SEEDS, INC. 1000 HIGH PLAINS FAIR HOUSING CENTER 2072.1 HOME HEATING A/C & PLUMBING INC 10803.69 HTP ENERGY 43895.47 INNOWATTS, INC 2000 JEFF’S PLUMBING & DRAIN CLEANING 799 JILL EGGL LIGHTING DESIGN STUDIO 5000 JOHNSON & SCHOCK EXCAVATING LLC 25000 ANNA JOHNSON 7500 ADAM KANKELFRITZ 101.5 KLJ ENGINEERING, LLC 1943.46 MARCO TECHNOLOGIES LLC 421 MASTER CONSTRUCTION CO INC 55032.4 MEGAN BERGSETH NAAS IRREVOCABLE 23815 MINNKOTA RECYCLING INC 38274.79 MINUTEMAN SECURITY TECHNOLOGIES INC 520 MUTUAL OF OMAHA INSURANCE COMPANY 26615.7 ND DEPT OF ENVIRONMENTAL QUALITY 925 ND DEPT OF ENVIRONMENTAL QUALITY 5000 ND PUBLIC HEALTH LABORATORY 1838 NELSON AUTO CENTER 105141 NEWMAN SIGNS INC 1750 TRACIE NEWMAN 7956 NORDIC HVAC SERVICES LLC 1400 NORTH DAKOTA ATTORNEY GENERAL 41.25 NORTH DAKOTA ATTORNEY GENERAL 41.25 NORTH DAKOTA ATTORNEY GENERAL 41.25 NORTHDALE OIL INC 99772.55 NORTHERN IMPROVEMENT CO 162380.17 NORTHERN TRUCK EQUIPMENT CORP 735.58 NORTHWEST IRON FIREMAN 603 OFFICE SIGN COMPANY 26 OLYMPIC SALES INC 196.09 OSGOOD CLEANING SERVICES 12750 EVERETT PATTERSON 332.8 PEARSON BROS INC 796296.36 BRETT PETSINGER 101.5 PKG CONTRACTING INC 3531036.8 PREFERENCE EMPLOYMENT SOLUTIONS INC 540.54 PRO LANDSCAPERS 995 RANDALL’S EXCAVATING INC 15705 RDO EQUIPMENT CO 345.95 RED RIVER PROPERTIES, LLP 76350 RMB ENVIRONMENTAL LABORATORIES 1233 ROB BENTZ LOCK & KEY 653 ROBERT GIBB & SONS INC 2495 ROCHESTER ARMORED CAR CO INC 270.56 SCHMIDT AND SONS CONSTRUCTION INC 19300 EMILY SCHOLZ 308.8 LEAH SIEWERT 138.96 SIMPLIFILE LC 229.5 SNIPERCRAFT 7315 SOUTH EAST HUMAN SERVICE CENTER 1075 SPRENGER, TERRI LEIER 2956 DAWN STOLLENWERK 38.4 SUN ELECTRIC INC 40390 T L STROH ARCHITECTS LTD 400 TCC MATERIALS 528 THE DAVENPORT GROUP USA LTD 14500 THE HUMAN FAMILY INC 19500 THE POLICE & SHERIFF’S PRESS 17.58 TOSHIBA BUSINESS SOLUTIONS 104.51 USALCO FAIRFIELD PLANT, LLC 17645.58 VESSCO INC 1594.8 STORMY VICKERS 5100 WYETTE WEIDENBACH 160 WEST FARGO PUBLIC SCHOOLS 1500 WEX 2242.7 BENJAMIN WILLEY 101.5 ANNE WOOD 1250 WORKFORCE SAFETY & INSURANCE 649354.01 XCEL ENERGY 49510.25 XCEL ENERY - SITING & LAND RIGHTS 500 17784179.5 (July 6, 2022) 79454