Public Meetings - Fargo, North Dakota

Fargo Planning Commission Meeting - November 7, 2023\n\nThe Fargo Planning Commission met on Tuesday, November 7, 2023, at 3:00 PM in the Commission Chambers at City Hall. Chair Rocky Schneider presided. Seven members were present (Schmidt, Stofferahn, Rosenberg, Holtz, Shewey, Tasa, Schneider); members Gunkelman and Morgan were absent. The meeting adjourned at 3:24 PM. The commission approved the order of agenda and the minutes of the October 3, 2023 meeting, then reordered the agenda to hear Item 2 (Ekman Addition) first. No public comments were received from the audience on any item. The commission considered five public hearing items and voted unanimously on all recommendations from staff.\n\n Consent Calendar\n- Approval of the order of agenda as presented.\n- Approval of the minutes of the regular meeting of October 3, 2023.\n- Motion to change the order of agenda to hear Item 2 (Ekman Addition) before Item 1 (CC's First Addition). All unanimous.\n\n Public Comments & Testimony\n- No members of the public spoke during the public hearing portions of any agenda item.\n\n Discussion Items\n\n 1. CC's First Addition (Major Subdivision)\n- Location: 5080 38th Street South.\n- Applicant: KLC Holdings, LLC / Christianson Companies.\n- Proposal: Plat of an unplatted portion of the Southeast Quarter of Section 34, Township 139 North, Range 49 West.\n- Staff Recommendation: Approval (Planning Coordinator Donald Kress reported all criteria met).\n- Discussion: None. The applicant (Chris Mack) was present but offered no additional comments. No public opposition.\n- Vote: Motion by Member Holtz, second by Member Shewey. Roll call: all seven present voted aye. Motion carried.\n\n 2. Ekman Addition (Zoning Change from GC to MR-3)\n- Location: 1728 42nd Street South.\n- Applicant: Blazing Wings Properties, LLC / Commonwealth Development.\n- Proposal: Rezone from General Commercial (GC) to Multi-Dwelling Residential (MR-3) to allow future affordable senior housing.\n- Staff Recommendation: Approval (Kress reported all criteria met).\n- Discussion: A commissioner asked about access to the property. Staff clarified that access will be from 42nd Street via a break in the negative access easement; a center left-turn lane exists. Applicant Tyler Sheeran (via conference call) stated the project is consistent with adjacent uses (West Acres Mall, movie theater, hotels) and would create a senior housing community. No public comments.\n- Vote: Motion by Member Schmidt, second by Member Tasa. Roll call: all seven present voted aye. Motion carried.\n\n 3. Timber Parkway Eighth Addition (Repeal and Reestablish Conditional Overlay)\n- Location: 5056 Charles Way South.\n- Applicant: PLC Investments, LLC / Christianson Companies.\n- Proposal: Repeal existing conditional overlay and reestablish a new C-O based on the most recent overlay (5266), modified for building massing, facade length, and screening requirements.\n- Staff Recommendation: Approval (Assistant Planner Alayna Espeseth reported all criteria met).\n- Discussion: A commissioner inquired whether billboards would be allowed. Staff confirmed that the new conditional overlay explicitly prohibits billboards. No public concerns received.\n- Vote: Motion by Member Rosenberg, second by Member Schmidt. Roll call: all seven present voted aye. Motion carried.\n\n 4. Timber Parkway Tenth Addition (Repeal and Reestablish Conditional Overlay)\n- Location: 5107 and 5161 Charles Way South.\n- Applicant: KT Properties, LLC / Christianson Companies.\n- Proposal: Same as Item 3: repeal and reestablish a conditional overlay for two lots, with modifications consistent with overlay 5266.\n- Staff Recommendation: Approval (Espeseth reported one inquiry but no concern).\n- Discussion: None. No public comments.\n- Vote: Motion by Member Schmidt, second by Member Rosenberg. Roll call: all seven present voted aye. Motion carried.\n\n 5. University South Fourth Addition (Conditional Use Permit for Off-Site Parking)\n- Location: 1393 25th Avenue South and 1376 Oak Manor Avenue South (former Kmart site).\n- Applicant: Beyond Shelter Housing, LLC / Houston Engineering.\n- Proposal: Approve an alternative access plan to allow off-site parking to support a new headquarters building for BSI. The site includes senior housing under construction (MR-3) and a commercial office (GC). The applicant requests designation of 18 parking spaces on the multi-family lot to serve the office, providing flexibility for future expansion.\n- Staff Recommendation: Approval with three conditions.\n- Discussion: Planner Brad Garcia presented. Applicant representative Dan Madler (CEO, Beyond Shelter Inc.) spoke. A commissioner asked whether eliminating parking requirements would save time and money for affordable housing. Madler responded that 70% of senior residents have a vehicle, and the CUP process often overlaps with zone changes; he could not definitively say it would be impactful but acknowledged the process adds time. Conditions require: (1) 18 parking spaces maintained and accessible to Lot 2; (2) change/expansion of commercial use requires additional staff/commission review; (3) change of ownership of either property triggers additional review. Staff noted the two properties are under the same parent entity, so no recorded agreement is required.\n- Vote: Motion by Member Tasa, second by Member Shewey. Roll call: all seven present voted aye. Motion carried.\n\n Key Outcomes\n- All five public hearing items received unanimous approval from the Planning Commission, recommending them to the City Commission.\n- The commission emphasized that the Timber Parkway conditional overlays explicitly prohibit billboards.\n- For University South Fourth Addition, the conditional use permit includes specific conditions related to parking maintenance, future commercial expansion, and ownership changes.\n- The meeting adjourned at 3:24 PM.

The Fargo Native American Commission met informally on November 2, 2023 at 12:00 PM in the Commission Chambers at City Hall. Due to a lack of quorum (only three members present: Chair Whitney Johnson, Suzanne Senske, and Vice Chair Ashley Littlewolf), no formal votes were taken. The meeting proceeded with presentations and discussions. Discussion Items - 2024 Meeting Schedule: Chair Johnson presented a bimonthly meeting schedule for 2024: January 4, March 7, May 2, September 5, and November 7, with a Board retreat planned in July in place of the usual meeting. - Indigenous Association Report: Chair Johnson reported that Indigenous Peoples’ Day events in October were well received, including a community potluck and a screening of a film featuring former Commissioner Ruth Buffalo. The film is available through Prairie Public. She also announced that Brandon Baity received the Glady’s Ray Award from the City of Fargo Native American Commission. - Health and Wellness Subcommittee: Chair Johnson stated that she and Member Sargent conducted a training on intergenerational trauma at the Hjemkomst Center on Indigenous Peoples’ Day. The free event had 88 professionals and community members in attendance, filling all registration spots. - Indian Education Subcommittee: Member Senske reported that a Back to School Night hosted with the Indian Education Board drew about 40 children from Fargo, Moorhead, and West Fargo school districts. The event provided food and school supplies; Senske expressed a desire to partner further to supply additional classroom supplies and athletic equipment, noting the discontinuation of Johnson O’Malley programs. - Staff Reports: Planning Coordinator Kim Citrowske introduced herself and encouraged commissioners to participate in the Fargo Growth Plan online survey (fargogrowthplan.org) to help guide future community growth. - Announcements for Native American Heritage Month: Commissioners highlighted several upcoming events: an author talk with Marcie Rendon (November 8 at MSUM); Anishinaabe Star Knowledge presentations (November 18 at 11:00 AM and November 19 at 3:00 PM at MSUM Planetarium); a talk by Dr. Denise Lajimodiere on her book Stringing Rosaries followed by the opening of the exhibit Away from Home: American Indian Boarding School Stories (November 14 at 6:00 PM at Hjemkomst Center); PANGEA: Cultivate Our Cultures event (November 18, 10:00 AM – 4:00 PM); and an Oscar Howe exhibit at the Plains Art Museum (November 2, 6:00 – 9:00 PM). Chair Johnson also reminded that December 21 is Homeless Memorial Day, with events to be announced later. Key Outcomes - No action items were voted on due to lack of quorum. Approval of the September 7, 2023 minutes and agenda was deferred to the next meeting. - The meeting adjourned at 12:22 PM. The next regular meeting is scheduled for January 4, 2024.

The Fargo City Commission met on Monday, October 30, 2023, at 4:00 p.m. for an executive session and then convened the regular meeting at 5:00 p.m. in the Commission Chambers. The meeting included a consent agenda, multiple public hearings, and discussion of several major items including the North Broadway Bridge feasibility study, advanced metering infrastructure, and a homeless task force. All votes were unanimous unless noted. Consent Calendar - The Commission approved the consent agenda (items 1–44) en bloc, which included routine approvals such as: - Amendment to developer agreement with PS Holdings, LLC (Brewhalla TIF) - Lease agreement with Prairie Public Broadcasting - Various ordinances on first/second reading (railroad franchise, alcoholic beverages, recreational aquatic facilities, hotels/motels, rezoning) - Dangerous building order for 924 7th Street North - Games of chance applications for five organizations - Franchise amendment with Cass County Electric Cooperative - Appointment of election workers and canvassing board for the December 5, 2023 special election - Special improvement agreements, bid awards, change orders, and easements - Grant awards from ND Department of Emergency Services, ND Health and Human Services, and others - Contracts for snow removal, software, and lawn care - Hate crimes report for Q3 2023 - Landfill use agreement amendment with Valley City, ND - Bills in the amount of $27,894,816.96 Public Comments & Testimony - No residents spoke during the resident comments period. Public Hearings - Vacation Plat (Portions of 3rd Avenue N and 3rd Street N) – Approved unanimously. The city will own the vacated right-of-way after quitclaim agreements with adjacent property owners; an easement will be provided to City Center Condo Association. - Dangerous Building – 1710 1st Avenue South – Designated dangerous and ordered removed by December 29, 2023. The structure met 10 of 10 criteria; testimony noted squatter activity and extensive damage. - Dangerous Building – 1208 South University Drive – Ordered removed by December 29, 2023. The property met 9 of 10 criteria; the owner has a hoarding issue and is working with family to sell. - Class “FA” Alcoholic Beverage License – El Agave Mexican Restaurant – Approved unanimously. The applicant previously failed a compliance check; the liquor board recommended approval after hearing his explanation. - Transfer of Class “FA” License – from Johnny Carino’s to Cairo Restaurant and Bar – Approved unanimously. The applicant had language barriers; the liquor board recommended approval. - Class “ABH” Limited Alcoholic Beverage License – AmericInn Fargo – Approved unanimously. - Transfer of Class “A” License – from Hennessey’s to Double Down – Approved unanimously. One owner had a DUI from 15 years ago; no other issues. - Gaming Site Authorization – Fargo Angels Hockey Club at Double Down – Approved unanimously. - Payment in Lieu of Tax Exemption – Dakota Air Parts Int’l, Inc. – Approved unanimously. The company will expand into a 72,000 sq. ft. facility for Black Hawk helicopter support, adding 7 jobs initially and 9 more in three years. The five-year exemption was supported by a benefit-cost ratio of 107–142. Discussion Items - Update on Massage Therapy Establishment Program – Staff presented licensing options and proposed ordinance revisions to include background checks and increase violations to a Class B misdemeanor. Commissioner Strand opposed, stating the premise was to curb human trafficking but no issues were found. The motion to adopt the resolution and receive the ordinances passed 4–1 (Strand nay). - North Broadway Bridge Feasibility Study – Transportation staff and Houston Engineering presented four options: (1) replace at existing elevation ($15–17M construction), (2A) higher bridge to Broadway ($37–39M), (2B) higher bridge to Royal Oaks ($46–48M), (3) no replacement ($0.5M for traffic calming). All options meet hydraulic and permitting requirements. Commissioners discussed costs, property impacts, special assessments, and the need for public input. No decision was made; staff will return in four weeks with a recommendation. - Advanced Metering Infrastructure (AMI) Project – Staff requested authorization to publish an RFP for a citywide automated meter reading system. Benefits include reduced water loss (2–10% savings), remote shutoff, and customer monitoring. The project would be funded through a state revolving fund loan. Motion to authorize the RFP passed unanimously. - Applications for Abatement or Refund of Taxes 4546 and 4547 – For property at 4773 32nd Street South, the assessor recommended denying the 2022 value ($749,400) and reducing the 2023 value from $887,600 to $784,000. The Commission voted unanimously to deny the 2022 request and approve the 2023 reduction. - Agreement to Grant Emergency Egress Easement and Parking Lease Option with T&K Property Management LLC – Approved as presented with redline changes, authorizing the mayor to execute by November 3, 2023, subject to no litigation. Vote was unanimous. - Fargo-Moorhead Metropolitan Area Ending Homelessness Task Force – City Administrator provided an update on forming a political alignment meeting with West Fargo, Moorhead, Cass County, and Clay County, planned for early November. A technical advisory group will also be established. No action taken. - Recommendation from Commissioner Preston for Changes to Liquor License Ordinance – Proposed requiring scanners, annual background checks, and notification of manager changes. After debate, the motion failed 2–3 (Preston and Strand aye; Kolpack, Piepkorn, Mahoney nay). Commissioners noted the Liquor Control Board is already studying these issues. - Recommendation for Appointments to Housing and Redevelopment Authority – Approved unanimously. - Applications for Property Tax Exemptions for Improvements to Buildings – Six applications approved unanimously. - Liaison Commissioner Assignment Updates – Commissioners reported on board and committee activities, including water treatment plant awards, fire station construction, and the diversion project. Key Outcomes - Consent Agenda – Approved unanimously. - Massage Therapy Program – Resolution and ordinances adopted 4–1 (Strand nay). - Vacation Plat – Approved unanimously. - Dangerous Buildings – Both orders for removal by December 29, 2023, approved unanimously. - Alcoholic Beverage Licenses (El Agave, Cairo, AmericInn, Double Down) – All approved unanimously. - Gaming Site Authorization (Fargo Angels) – Approved unanimously. - Dakota Air Parts PILOT – Approved unanimously. - AMI RFP Authorization – Approved unanimously. - Tax Abatement (4773 32nd St S) – Denied for 2022, reduced for 2023; approved unanimously. - T&K Property Management Agreement – Approved unanimously. - Liquor License Ordinance Changes – Motion failed 2–3. - HRA Appointments – Approved unanimously. - Property Tax Exemptions for Improvements – Approved unanimously.

The Fargo City Commission met on Monday, October 16, 2023, at 5:00 p.m. in the Commission Chambers after holding an executive session from 4:00 to 4:45 p.m. to discuss threatened litigation pertaining to 501 Main Avenue. The commission unanimously approved the consent agenda, conducted three public hearings, reviewed the General Fund budget status, approved committee appointments, and received liaison reports. All formal votes were 5-0. Consent Calendar - The commission approved all 39 items on the consent agenda in a single roll-call vote. Notable items include: - Letter of Support for the Smart Wash Laundry project to the ND Opportunity Fund. - Second Amendment to the Developer Agreement with J Street Properties, LLC. - Findings of Fact and Orders for dangerous buildings at 1809 14th Avenue South and amended findings for 437 23rd Street South. - Acceptance of ordinances related to alcoholic beverages, aquatic facilities, and hotels/motels. - Second readings of rezoning ordinances for EOLA Addition and EOLA Second Addition. - Amendment to the Lease Agreement with NDSU for the FARGODOME Remodel and Conference Center Addition. - Various site authorizations and applications for games of chance. - Purchase of ZenCity community engagement platform via piggyback through Insight Public Sector. - Grants from ND Department of Emergency Services and ND Department of Health and Human Services (WIC, PHEP, Public Health Infrastructure). - Engineering services amendment with Houston Engineering Inc. for $84,000 (Project FM-22-C0). - Multiple change orders and bid awards, including $228,800 for a loader mounted snow blower (RFP24001) and snow/ice removal services. - 2024 Benefit Renewals effective 1/1/24. - Skyway Use Agreement with Bostad Condominium Association. - Memoranda of Understanding with Flock Group, Inc. and the U.S. Army Corps of Engineers. - Loan agreement for Solid Waste Revenue Bonds Series 2023E/F. Public Comments & Testimony - There were no resident comments during the designated period (Item 40). - During the public hearing on Improvement District No. BN-21-A (Item 42), Tim Nasham, who originally raised the issue, expressed concern that the law requires special assessments to be "within the municipality" and asked to see a breakdown of funding. He stated the city attorney's opinion may be influenced by the attorney-client relationship. He urged commissioners to use their best judgment. Public Hearings - Item 41 – Southwest Fargo Mission Second Addition (4451, 4455, 4475 40th Avenue South): This was a continuation from 7/10/23. The commission approved a zoning change from P/I to P/I and GC with a C-O Conditional Overlay, the 1st reading of the rezoning ordinance, and the plat. The property, near Living Waters Lutheran Church, will be replatted into two lots; one lot will remain institutional and the other will be developed as mixed-use. Staff noted one public comment email was received and that a subdivision waiver for drain setback was included as a lay-down item. - Item 42 – Special Assessment List for Improvement District No. BN-21-A (New Bridge, Underground Utilities, Paving, Shared Use Path and Structure, and Incidentals): Continued from 10/2/23. City Attorney Nancy Morris provided a legal memo concluding the assessment applies only to property within Fargo city limits. City Engineer Tom Hildreth explained that the bridge connects Fargo roadways and that only about one-third of the bridge structure is special-assessed; the assessment cap was not exceeded. The commission approved the special assessment list. - Item 43 – Dangerous Building at 924 7th Street North: The building is a 1,431 sq. ft., story-and-a-half wood-frame three-plex built in 1908, owned by FM Property Pros Two. It met 7 of 10 dangerous building criteria, with broken windows, squatter activity, and debris. The commission directed the City Attorney's Office to prepare findings and orders and authorized the Inspections Department to solicit removal proposals if the owner fails to remove it by the Board's Order of December 15, 2023. Discussion Items - Item 44 – General Fund Budget to Actual through September 30, 2023 and 2023 Year-End Projections: Finance Director Susan Thompson reported that year-to-date revenues are down about $2 million and expenditures are down $2.8 million, leaving revenues exceeding expenditures by about $1 million. A one-time state aid payment of nearly $2 million is expected before year-end. Year-end projections assume a normal winter and include adjustments such as increased franchise fees starting in November/December and removal of an anticipated asset sale. - Item 45 – Committee Appointments: The commission approved appointments to the Economic Development Incentives Committee and the Fargo Youth Initiative. - Item 46 – Liaison Commissioner Assignment Updates: Commissioners reported on their activities: - Commissioner Piepkorn: No update. - Commissioner Preston: Attended the National Academy of Construction award ceremony where the FM Area Flood Risk Management Project received the Recognition of Special Achievement Award. - Commissioner Kolpack: Provided updates on Fire Station No. 8 construction (expected weather-tight by end of November) and the Fargo Youth Initiative, welcoming 7 new and 5 returning members. She also noted that 5 firefighter recruits started a new 16-week academy that day. - Commissioner Strand: Mentioned Senator Hoven's visit regarding water projects and the airport project ($150 million total, including $75–80 million in federal funding). Key Outcomes - Approved the consent agenda (unanimous, 5-0). - Approved the Southwest Fargo Mission Second Addition rezoning, ordinance first reading, and plat (unanimous, 5-0). - Approved the special assessment list for BN-21-A (unanimous, 5-0). - Approved the dangerous building order for 924 7th Street North (unanimous, 5-0). - Approved the General Fund budget report and year-end projections (received and filed as part of item 44, no separate vote needed). - Approved committee appointments (unanimous, 5-0). - Adjourned to 5:00 p.m. on Monday, October 30, 2023. Note: There is a discrepancy between sources regarding firefighter numbers. The video and minutes refer to 12 graduates (6 Fargo, 6 West Fargo) from the Joint Training Academy, while Commissioner Kolpack's liaison report states that 5 recruits started a new academy that day.

The Fargo Planning Commission met on Tuesday, October 3, 2023, at 3:00 PM in the Commission Chambers at City Hall. Chair Rocky Schneider called the meeting to order, noting the upcoming Fargo Growth Plan open houses on October 17 and 18, and the website fargogrowthplan.org. The meeting adjourned at 4:35 PM. All seven members present (Gunkelman, Schmidt, Morgan, Rosenberg, Shewey, Tasa, Schneider) voted unanimously on all items; Members Stofferahn and Holtz were absent. Public Comments & Testimony - No members of the public spoke in person during any public hearing. One opposition letter regarding the group living conditional use permit (Crary's First Addition) was received and included in the packet; the letter writer was not present. Discussion Items - Meadow View Second Addition (Major Subdivision & vacation of right-of-way) – Staff presented a replat of 26 lots with a widened right-of-way (2 ft wider boulevards) and negative access easements to limit driveway locations and improve snow storage. Applicant Jon Youness (EagleRidge Development) expressed full support, stating the project targets entry-level housing for first-time homebuyers. Commission discussed how the application fits with the MetroCog housing study. No public opposition. - The Pines at the District Fourth Addition (Zoning change & minor subdivision) – Staff explained a cleanup replat combining two parcels under a single conditional overlay (C-O) to simplify development. Applicant Brian Pattengale (Houston Engineering) described it as a cleanup of previous plats. No public comments. - Urban Plains by Brandt Seventh Addition (Zoning change & major subdivision, including right-of-way vacation) – Staff noted consolidation of four existing conditional overlays into one, vacation of roundabout rights-of-way (based on an approved traffic study), and realignment of access easements. Applicant Tim Gleason (Gleason Companies) confirmed two developable lots for end users. No public opposition, only inquiries. - 924 Townhomes Addition (Zoning change, PUD master plan, & minor subdivision) – Staff presented a seven-townhome project near Roosevelt neighborhood, with a PUD allowing reduced front and rear setbacks (4 ft instead of 25 ft and 15 ft) and private access from 10th Avenue North to avoid driveways on 7th Street. Applicant Brandon Raboin (FM Property Pros II) noted the PUD enables individual ownership and attainable pricing (targeting affordable/attainable housing). Commission discussed building height (three stories with stairs), accessibility, snow removal, and the limitation of the PUD to allow owner-occupied versus rental. The adjacent property owner expressed support; the Roosevelt Neighborhood Association was informed. - Agassiz First Addition (Minor subdivision) – Staff noted an unpermitted structure on the property; the plat will not be recorded until the building is removed or remediated per the Building Official. Applicant Brian Pattengale (Houston Engineering) explained the structure is a semi-permanent building that can be relocated. No public comments. - Northern Sheyenne Land Fourth Addition (Minor subdivision) – Staff described a cleanup replat to vacate leftover negative access easements and split a lot. Applicant Andrew Thill (Lowry Engineering) confirmed the main purpose is to remove easements blocking driveway access. No public comments. - Radio Second Addition (Conditional Use Permit for industrial services and warehouse in GC zone) – Staff presented a CUP to allow industrial service and warehouse uses on a 20-unit condo development. Applicant Kyle Bartram (MBN Engineering) clarified the permit is needed for general contractors. Commission discussed history of the area and restrictions (no outdoor storage, no manufacturing/hazardous chemicals). Seven conditions were attached. No public comments. - Rocking Horse East Second Addition (Conditional Use Permit for industrial services and warehouse with outdoor storage) – Staff noted an existing CUP from 2018 that did not allow outdoor storage; the new CUP adds outdoor storage (limited to rear of property, with opaque screening). Applicant Matt Prochnialz (Moore Engineering) confirmed full enclosure with a six-foot white maintenance-free fence. The CUP was restricted to warehouse and industrial services only (excluding manufacturing and wholesale sales). Commission discussed graffiti definition and screening requirements. No public comments. - Crary's First Addition (Conditional Use Permit for group living in SR-2 residential district) – Staff presented a CUP for Vocational Training Center, Inc. to allow four developmentally disabled adults to live in a single-family home with 24/7 staffing. Applicant Steve Peterson (Operations Director) noted the home will have a residential sprinkler system, no noise concerns, and staff present when residents are home. The property is already owned and can operate with three residents without a CUP. One opposition letter expressed concerns about noise and congestion. Commission discussed past similar cases, staffing, safety features, and the requirement for state licensing. The CUP includes conditions: new owner must apply for a new CUP, permit effective only after certificate of occupancy and state requirements, and maximum of four residents. - Other Item: Planned Unit Development Final Plan for EOLA Second Addition – Staff presented the final plan for a hotel and water park development, consistent with the approved master plan. Commission clarified that the final plan includes surface parking; a future parking ramp would require a separate final plan. No public hearing; motion approved. Key Outcomes - All motions were approved unanimously (7-0, with two absent) as follows: 1. Meadow View Second Addition – Recommended approval of subdivision plat (moved by Rosenberg, seconded by Gunkelman). 2. The Pines at the District Fourth Addition – Recommended approval of zoning change and subdivision plat (moved by Gunkelman, seconded by Schmidt). 3. Urban Plains by Brandt Seventh Addition – Recommended approval of zoning change, subdivision plat, and right-of-way vacation (moved by Schmidt, seconded by Tasa). 4. 924 Townhomes Addition – Recommended approval of zoning change, PUD master land use plan, and subdivision plat (moved by Gunkelman, seconded by Rosenberg). 5. Agassiz First Addition – Recommended approval of subdivision plat with condition regarding unpermitted structure (moved by Schmidt, seconded by Shewey). 6. Northern Sheyenne Land Fourth Addition – Recommended approval of subdivision plat (moved by Tasa, seconded by Morgan). 7. Radio Second Addition – Approved Conditional Use Permit with seven conditions (moved by Gunkelman, seconded by Schmidt). 8. Rocking Horse East Second Addition – Approved Conditional Use Permit with seven conditions (moved by Schmidt, seconded by Shewey). 9. Crary's First Addition – Approved Conditional Use Permit with three conditions (moved by Tasa, seconded by Schmidt). 10. EOLA Second Addition PUD Final Plan – Approved as consistent with master plan (moved by Rosenberg, seconded by Morgan).

The Fargo City Commission met on Monday, October 2, 2023, at 5:00 PM in the Commission Chambers. The meeting included a consent agenda, multiple public hearings, approval of the 2024 final budget, and other routine business. Mayor Tim Mahoney presided. The pre-scheduled executive session at 4:30 PM was cancelled. Consent Calendar - Approved the order of the agenda, withdrawing Item No. 29 (Updated art concept for Skyway Mosaic project) and Item No. 56 (Agreement with T&K Property Management LLC) from the regular agenda. - Approved the minutes of September 18, 2023. - Approved all 38 consent agenda items (excluding withdrawn Item 29) including: - Letter of Support for The Wave Water Park project to the ND Opportunity Fund. - Second reading of an ordinance on safety belt use. - Waived second readings for ordinances on lodging tax and sales tax for the Fargodome (to be placed on the December 26, 2023 agenda). - Seven games of chance applications. - Direction to amend municipal code to add three alcoholic beverage licenses to Class “C” and “W”. - Extension of a Class “FA” license for Johnny Carino’s until March 31, 2024. - 2024 City Commission meeting dates. - Contract and bond for Project BP-23-0. - ND DOT participation agreement for Project QR-24-A1. - Consent to construction agreement with 9th & Main, LLC. - Change Order No. 1 ($65,450 and 35-day extension) for Project SR-23-A1. - Final balancing change orders for Projects MP-20-A2 ($0) and PR-23-A1 (-$4,706.72). - Contract Amendment No. 2 with Apex Engineering ($94,559) for Improvement District BR-23-G0. - Creation of Improvement District BR-24-A. - Easement offers with Easter Seals Good Will ND and FM Property Pros II. - Grant awards: FY2023 Emergency Management Performance Grant ($338,921 for the Bomb Squad), Community Grant Program, Maternal and Child Health, Women Infants and Children program. - Extension of architectural services at Fargodome (R.L. Engebretson Architects). - Change Order No. 4 ($5,880) for Fire Station No. 8. - Direction to review Articles 13-10, 13-14, and 13-18. - Master Clinical Affiliation Agreement with UND. - Vacating findings for property at 509 21st Street North. - Setting public hearing (Oct 16, 5:15 PM) for dangerous building at 924 7th Street North. - Updated art concept for Skyway Mosaic (withdrawn). - Bid awards: Ford F-450 ($56,173 to Nelson Auto Center), 2024 Fire Pumper Truck ($628,464.59 via Sourcewell). - Extension of snow groomer services agreement. - Resolutions for Solid Waste Revenue Bonds ($701,000 Series 2023E and $10,647,000 Series 2023F). - Bid award to Excavating Inc. ($6,165,624.20) for Cell 21 Waste Excavation. - ND DOT Section 5310 Transit Grant Agreement. - Services agreement with Minnesota Municipal Utilities Association for safety training. - Bills in the amount of $16,670,812.67. Public Comments & Testimony - John Campbell (Executive Director, Fargo Moorhead Coalition to End Homelessness) spoke in support of the Downtown Engagement Center (DEC), arguing that defunding it would severely limit services for the most vulnerable and set the community back years. He emphasized the DEC’s role in providing safe shelter, showers, medical help, and coordinated services. - Ginny Stoe (resident and employee of Churches United) also spoke in support of the DEC, noting that over 1,000 individuals are homeless on any given night. She warned that closing the DEC would lead to unsafe situations and a catastrophic loss for the community, especially as cold weather approaches. - Tim Nation (resident) spoke during the public hearing on Improvement District BN-21-A, arguing that the city cannot levy special assessments for a bridge located outside municipal limits (in Stanley Township) under North Dakota Century Code. He requested denial of that district. The item was continued to October 16, 2023, for a legal interpretation. Discussion Items - EOLA Second Addition (Item 40): Planning staff presented a minor subdivision, zoning change, and PUD amendment for the EOLA development, including a water park and hotel. The project includes modifications to setbacks and parking. No public opposition. Approved unanimously. - Dangerous Building at 1809 14th Avenue South (Item 41): Staff presented a garage with a collapsed roof and leaning walls, meeting 8 of 10 dangerous building criteria. The owner is current on taxes. Approved to direct the City Attorney to prepare findings and authorize removal if not removed by December 1, 2023. - Corvent Medical Tax Exemption (Item 42): The company reapplied for a property tax exemption at a new location (4837 Amber Valley Parkway South) for manufacturing medical ventilators. The company will expand from 3,000 to 14,600 sq ft, with 6 full-time employees growing to 70 by 2027. Average compensation over $115,000 including benefits. The Economic Development Incentive Committee recommended approval. Approved unanimously. - MATBUS Route 18 Changes (Item 43): Staff proposed removing a loop in the Osgood area to improve on-time performance. The route currently takes 90 minutes; removing 2 miles and 8 stops (651 rides over 5 months, about 2 per day) will save 4 minutes. Approved unanimously, effective October 30, 2023. - Main Avenue Reconstruction (Item 55): Staff recommended Alternative C2 (5-lane to 4-lane, no building impacts), Option 1 (widened sidewalks from 23rd to 25th Streets), and Option 3 (north curb reconstruction at University Drive). Commissioner Preston questioned pedestrian safety improvements. The motion passed unanimously. - 2024 Final Budget (Item 57): Finance Director Susan Thompson presented modifications from the preliminary budget, including adjustments to property tax allocations, state aid, and enterprise fund transfers. The total general fund budget is $119.77 million, with a 7.1% increase. Key drivers: staffing for Fire Station No. 8, public safety initiatives, and two additional mills for community safety (funding police equipment, fire equipment, public health harm reduction, security upgrades, and a compensation study). The net increase for a $275,000 home is $145/year ($12/month). Commissioner Piepkorn opposed, citing the 100% increase in franchise fees and regressive impact on low-income residents. Commissioner Kolpack supported the budget but called for better communication and next year’s budget process to start earlier. Commissioner Strand emphasized the need to address growth and safety. The budget was approved 5-1 (Piepkorn nay). - Appointments to Boards and Commissions (Item 58): Approved appointments to the Human Rights Commission and Library Board. Unanimous. - Property Tax Exemptions for Improvements (Item 59): Approved six applications for 5-year exemptions on residential improvements. Unanimous. - Liaison Commissioner Assignment Updates (Item 60): Commissioners reported on the ND League of Cities conference, fire academy graduation, and other liaisons. Key Outcomes - Consent Agenda: Approved unanimously. - EOLA Second Addition: Approved unanimously (PUD amendment, zoning change, plat, and first readings of ordinances). - Dangerous Building (1809 14th Ave S): Approved to direct removal per ordinance. - Corvent Medical Tax Exemption: Approved unanimously. - MATBUS Route 18 Changes: Approved unanimously, effective October 30, 2023. - Special Assessment Lists: - BID fees and unpaid utility bills: Approved. - Sidewalk projects SR-22-A and SR-22-B: Approved. - Improvement districts (47 items): Item c (BN-21-A) continued to October 16, 2023, for legal review on assessing outside city limits; all other items approved. - Alcoholic Beverage Licenses: - Continued to October 30, 2023: El Agave Mexican Restaurant (Class FA) and Cairo Restaurant (transfer). - Approved: Chub’s Pub (ownership change, Class AB), SOHO23 (Class GH), Uncorked Lounge (Class W), The 40Fifty Lounge (Class CW), The 1889 (Class W). All unanimous. - Main Avenue Reconstruction: Approved Alternative C2 with Options 1 and 3 unanimously. - 2024 Final Budget: Approved 5-1 (Piepkorn dissenting). - Board/Commission Appointments: Approved unanimously. - Property Tax Exemptions: Approved unanimously. - Meeting adjourned at 6:44 PM to next meeting on October 16, 2023, at 5:00 PM.

The Fargo City Commission held a regular meeting on September 18, 2023, at 5:00 PM. The meeting included a consent agenda with 42 items, public hearings on the Interstate Business District Addition and the 2024 preliminary budget, resident comments regarding the Liquor Control Board, and several administrative actions. Mayor Tim Mahoney opened the meeting with remarks on Suicide Prevention Awareness Month, library programs, and city housing statistics: the apartment vacancy rate was 4.2%, with 1,623 apartments under construction in the metro area; 149 single-family permits were issued in the first eight months of 2023 (down from 297 in the same period of 2022). Consent Calendar All 42 consent agenda items were approved unanimously by a roll call vote. Key items included first readings of ordinances on seat belt use, lodging and sales taxes for the Fargodome, several change orders and bid awards, lease extension with Fargo Baseball LLC, and various grant agreements and appointments. Notable consent items: - Ordinance amending Section 8-1321 on safety belt requirements. - Ordinance enacting a lodging tax for the Fargodome and conference center. - Ordinance enacting a sales tax for the Fargodome. - Change orders for Fire Station No. 8 and No. 2 construction. - Agreement for services with Folkways. - Lease extension with Fargo Baseball LLC through October 1, 2028. Public Comments & Testimony Resident Comments (Liquor Control Board): - Faith Dixon expressed outrage at the Liquor Control Board meeting, alleging racial bias and harassment by Fargo Police Department against District 64. She stated that having a liquor license is a right protected by the Civil Rights Act of 1964, not a privilege, and called for commission action. - Wess Philome echoed concerns, noting overpolicing of Black-owned businesses. He criticized the board's suggestion to require patrons to show Facebook profiles and credit cards, stating no other bar faces such tactics. He accused the board head of racially motivated attacks. Public Hearing – 2024 Preliminary Budget: - Several residents spoke against proposed tax increases and the 26% budget increase. Glenn Knutson cited inflation and hidden franchise fees. Jay Larson questioned why taxes rise with city growth. John Searman reported a 15% property tax increase and called for spending cuts. Charles Canning requested budget cuts to January 2021 levels. Erica Eisenler (fire department employee) defended city employee compensation, noting a 40% turnover rate since 2009 and starting firefighter pay of $18.91/hour. Discussion Items Interstate Business District Addition (Public Hearing): A proposal to rezone 4753 45th Street North and 4269 40th Avenue North from residential, commercial, and park to industrial and commercial. The Planning Commission recommended approval (5-2) after removing concrete crushing. Staff presented conditional overlays including a 25-foot berm, tree planting, and a 280-foot buffer between industrial and residential. Residents and the City of Riley's Acres opposed, citing property value decreases (up to 25% per real estate professionals), traffic, environmental concerns, and inconsistency with the 2007 Growth Plan. Maria Goriecheva (chemical engineering professor) argued that industrial uses such as textile production pose carcinogenic risks and that state regulations prohibit crushing operations within 0.5 miles of residences. Dr. Joshua Morrell warned of cumulative health risks from prolonged industrial exposure. Commissioner Kolpack moved to approve the Growth Plan Amendment; Mayor Mahoney seconded. The motion failed 2-3 (Kolpack and Mahoney aye; Piepkorn, Preston, and Strand nay). Commissioner Kolpack then moved to approve the rezoning; Mayor Mahoney seconded. That motion also failed 2-3. Application for Tax Abatement – 1201 Elm Street North: The owner requested value reductions for 2021 (from $257,200 to $97,000) and 2022 (from $282,900 to $125,900) due to significant foundation damage. City appraiser Mike Spanowitz recommended approval, noting damage likely existed at time of purchase. The commission approved unanimously. Civil Service Commission Appointments: The commission approved reappointment of Paul Grindeland to a partial term ending December 31, 2023, and appointment of Barb Ransom to a three-year term ending June 30, 2026. Liaison Commissioner Updates: - Commissioner Strand thanked retiring Civil Service Commission members and reported on harm reduction programs: 3,441 visits to the downtown engagement center in August (average 111/day) and 234 mobile outreach transports (7 per day), diverting 36% of calls from police. - Deputy Mayor Arlette Preston reported on the Youth Commission and water reclamation project, noting $4.3 million loan forgiveness for the water reclamation plant and $1.5 million for the landfill project from the Clean Water State Revolving Fund. Key Outcomes - Consent Agenda: Approved unanimously. - Interstate Business District Growth Plan Amendment: Motion failed (2-3; Kolpack and Mahoney aye, Piepkorn, Preston, Strand nay). - Interstate Business District Rezoning: Motion failed (2-3; same breakdown). - Tax Abatement for 1201 Elm Street North: Approved unanimously. - Civil Service Commission Appointments: Approved unanimously. - Meeting Adjourned: Motion carried to adjourn to October 2, 2023, at 5:00 PM. Meeting ended at 6:38 PM.

The Native American Commission met on September 7, 2023, at 6:00 PM. The meeting included public comment, a presentation on establishing a permanent Savannah Greywind Day in Fargo, planning for Indigenous People's Day and Truth and Reconciliation Day, subcommittee reports, and a staff update from the Director of Diversity, Equity, and Inclusion. Consent Calendar - Approved the agenda and the July 6, 2023, meeting minutes by voice vote with a motion from Ashley and a second. Public Comments & Testimony - Reverend Karen Van Fauson, representing the Justice for Shane group, thanked the commission for reiterating support for an independent investigation and for calling on the Fargo Police Department to meet with the commission. She requested the commission's continued support and advice on approaching the city commission and asked for details on when the police chief would be invited and how the public could interact. - Ruth Buffalo (enrolled citizen of Mandan, Hidatsa, and Arikara) and Maya Buffalo (student at M State) presented a proposal to establish a permanent Savannah Greywind Day in Fargo on August 9th (Savannah's birthday). Ruth explained that Savannah's mother had contacted her after Turtle Mountain passed a similar recognition. Maya noted that the U.S. Department of Justice reports more than 4 in 5 Native American and Alaskan Native women have experienced violence in their lifetime, and Indigenous women are murdered at a rate 10 times the national average. She stressed that Savannah's life and tragic death call for awareness and that the day should celebrate her life rather than her death. The request seeks a permanent recognition at the same level as Indigenous People's Day, without needing annual proclamations. Discussion Items Savannah Greywind Day Proposal - Commissioners expressed strong support for the proposal. Chair Whitney Johnson (Oglala Sioux) affirmed the importance of honoring the request from Savannah's family. Commissioner Ashley Little Wolf (Bois Forte Band of Ojibwe) and Commissioner Dale Sayers (Blackfeet Nation) volunteered to help spearhead the effort alongside city planning staff and the family. Assistant Planner Catelyn noted there is no clear-cut path, so a navigating team would be formed to work with the mayor's office. Later in the meeting, Commissioner Amanda Strauss (Sisseton Wahpeton Oyate) also asked to be involved. Indigenous People's Day – October 9, 2023 - Chair Johnson announced a breakfast kickoff at Indigenous Association, encouraging community members to attend a "Meet the NAC" opportunity. The GLaDIS Gray Award nomination forms are available online or in hard copy; nominations are due by Friday, September 22, 2023. Additional programming is being compiled, including a lunch and learn at the YumCon Center (details to come). Truth and Reconciliation Day – September 30, 2023 - Chair Johnson reported that the commission will again submit for a citywide proclamation. Last year, Fargo City Hall's exterior lights were lit in orange (Orange Shirt Day). An educational video is available on the NAC webpage. Subcommittee Reports - Health and Wellness (Chair Whitney Johnson): Met with State's Attorney Kim Hegzik and her office in May. The meeting went well; Hegzik has since reached out for resource connections, showing improved collaboration. - Education and Cultural Awareness (Chair Ashley Little Wolf): No updates yet, but hope to meet with Fargo West Fargo Public Schools Indian Ed now that the school year is back. - Housing Subcommittee: Currently no members. Ashley Little Wolf expressed interest in joining or chairing, given her professional background. Chair Johnson agreed that this could be handled informally; Ashley will remain chair of Education and Cultural Awareness but also join Housing. Staff Reports - Dr. Terry Hogan, Director of Diversity, Equity and Inclusion: Announced a development and training plan for the cabinet, including IDI assessments and a focus on reducing biases. The first session occurred on the meeting day. No board questions. Announcements - Chair Whitney Johnson: The commission has one vacancy; applications are open through September 18, 2023 (information on city website). - Upcoming events: Fargo Moorhead Indian Back-to-School Dash (tonight, 5:30-8 PM at Fargo Public School District office) and Native American Education Program Back-to-School Night (September 22, 6-8 PM). Key Outcomes - Savannah Greywind Day Team: Commissioners Ashley Little Wolf, Dale Sayers, and Amanda Strauss volunteered to form a navigating team with Ruth Buffalo, Maya Buffalo, city planning staff, and the family to advance the permanent day designation. - Housing Subcommittee: Ashley Little Wolf will join (no formal vote needed). - Next Meeting: Scheduled for November 2, 2023.

The Fargo Planning Commission met on Thursday, September 7, 2023, at 3:00 PM in the Commission Chambers at City Hall. Chair Rocky Schneider called the meeting to order with eight members present (John Gunkelman, Thomas Schmidt, Scott Stofferahn, Dawn Morgan, Art Rosenberg, Jennifer Holtz, Maranda Tasa, and Chair Schneider) and one absent (Brett Shewey). The meeting adjourned at 3:43 PM. All five public hearing items were approved unanimously by 8-0 votes. Consent Calendar - Approve Order of Agenda: Motion by Member Stofferahn, second by Member Gunkelman. All present voted aye; carried. - Approve Minutes of August 1, 2023: Motion by Member Tasa, second by Member Schmidt. All present voted aye; carried. Public Comments & Testimony No public comments were offered during any of the public hearings. Each hearing was closed after no audience members wished to speak. Discussion Items 1. TYKE Addition (Major Subdivision) – Located at 201 27th Street North and 2600 3rd Avenue North. Planning Coordinator Maegin Elshaug presented the staff report, noting all criteria met and recommending approval. The proposal includes a replat of Lots 1-9 and part of Lots 10-14, Teigen's Second Addition, dedication of 25th Street North, and vacation of a portion of 3rd Avenue North. Staff received one call of inquiry with no concern. No questions from commissioners or applicant. Motion by Member Morgan, second by Member Holtz, passed 8-0. 2. EOLA Second Addition (PUD Master Plan Amendment & Minor Subdivision) – Located at multiple addresses along 24th and 26th Avenues South. Ms. Elshaug presented updates since the July 6, 2023 meeting. The applicant, Blake Nybakken (EPIC Companies), spoke. Key discussion points: - The parking ramp originally proposed is no longer part of the plan; surface parking is shown, but a dashed line indicates a potential future ramp location that could be built without further commission review. - Concerns about building placement: Member Schmidt urged moving the north building closer to 24th Avenue South to align with the existing street design (angled parking, sidewalk, building). The applicant noted the current setback was engineered for a skyway connection to the now-removed ramp. - Commissioner Rosenberg expressed concern about excessive paved surfaces and loss of green space; the applicant stated the ramp would reduce surface parking footprint. - Questions about parking capacity for the water park (estimated 200+ patrons at a time, 700 visitors per day). The applicant stated that surface parking shown meets the needs based on a shared parking study reviewed by the city traffic engineer. - The private drive configuration was discussed; the applicant noted it could be closed for events. - Motion by Member Gunkelman, second by Member Rosenberg, to approve the subdivision plat and PUD amendment as recommended by staff. Passed 8-0. 3. Trollwood Land Three Addition (Minor Subdivision) – Located at 3123 and 3131 Broadway North and 504 32nd Avenue North. Planning Coordinator Donald Kress presented; applicant Rick Johnson (United Development Group) spoke via phone. The plat combines three lots into one for a proposed Dollar Tree retail store, which is going through the building permit process. Commissioner Holtz asked about the proposed use and its impact on the intersection. Staff noted the site plan review (separate process) will address landscaping and site distances. Motion by Member Stofferahn, second by Member Holtz, passed 8-0. 4. North Dakota R-1 Urban Renewal Addition (Vacation Plat) – Located near City Hall (101-225 4th Street North, etc.). Mr. Kress presented the vacation of portions of 3rd Street North and 3rd Avenue North, which are no longer needed as public rights-of-way. The city owns the block; adjacent property owners (City Centre Lofts) will have an easement for building maintenance. No public comments. Motion by Member Tasa, second by Member Schmidt, passed 8-0. 5. Larkin Second Addition (Minor Subdivision) – Located at 3600 39th Street South. Assistant Planner Alayna Espeseth presented; applicant representative Brian Pattengale (Houston Engineering) spoke. The replat of Lot 2, Block 1, Larkin Addition into three lots is intended to allow the owner to sell off existing warehouse assets while retaining the north block for future development. No questions. Motion by Member Gunkelman, second by Member Stofferahn, passed 8-0. Key Outcomes - All five agenda items were approved unanimously (8-0 votes) with no amendments or conditions beyond staff recommendations. - The EOLA Second Addition approval includes flexibility for a future parking ramp without returning to the commission, provided building footprints remain consistent. - The North Dakota R-1 Urban Renewal vacation plat will be recorded after utility easement clarifications. - Chair Schneider noted the Downtown Fargo Home Tour on October 1, 2023, featuring an accessory dwelling unit (ADU) for public viewing.