Public Meetings - Fargo, North Dakota

The Fargo City Commission met on Monday, August 21, 2023, at 5:00 PM in the Commission Chambers. Mayor Timothy Mahoney presided. The meeting covered a broad agenda, including consent calendar approvals, public hearings on liquor licenses and zoning changes, a detailed update on downtown public health services, and discussions on governance and economic development incentives. All five commissioners were present: Mayor Timothy Mahoney, Commissioner Denise Kolpack, Commissioner Dave Piepkorn, Commissioner Arlette Preston, and Commissioner John Strand. Consent Calendar - The Commission unanimously approved the consent agenda (items 1-30) as recommended. Key items included: extensions of alcoholic beverage licenses for Hennessey's Irish Pub and The Stage at Island Park; a resolution establishing the Wildlife Management Program for 2023-2024; gaming site authorization and games of chance permits for several organizations; change orders for construction projects FM-19-C1 and FM-22-C2; property acquisition for flood mitigation (3000 11th Street South); easements; contracts; financial reports (General Fund budget through 7/31/23 and Annual Comprehensive Financial Report for 2022); grants from the ND Department of Environmental Quality; service agreements with American Lung Association, Soul Solutions, Dacotah Foundation, New Life Center, and Sanford Clinic North; a public hearing date for a dangerous building; amendments to the Native American Commission; FMLA extension for Police Sergeant Tyrell Fauske; direction to review panhandling ordinances; a seat belt ordinance amendment; bid award to Titan Machinery for $141,973.00; and bills totaling $12,590,005.89. Public Comments & Testimony - Kristina Klinkhammer expressed concerns about LED street lighting, stating that the lack of diffusers could cause macular degeneration and blindness, and urged the city to take preventive measures. - Faith Dixon criticized the Liquor Control Board, alleging "political abuse," lack of diversity, and institutional discrimination against marginalized groups. - Kathy Polansky reported on a dangerous building at 1449 4th Avenue South, citing a garage fire in January, squatters, drug paraphernalia, stolen tools, and safety concerns for neighborhood children. - Wess Philome criticized a city commissioner for "unjustly targeted" new American and indigenous people, and argued for continued services for those battling mental health, addiction, and poverty. Public Hearings - Alcoholic Beverage License Approvals: The Commission approved all four liquor license applications unanimously: - Five Star African Cuisine (Class GH) – continued from June 26, 2023, approved 5-0. - Taj India (Class GH) – approved 5-0. - Michele's Table (Class GH) – approved 5-0. - NoBull Smokehouse (Class Z transfer, ownership change only) – approved 5-0. - Zoning Changes: - Wentz Addition (2320 22nd Street South): Rezoning from SR-2 to SR-3 approved 5-0; first reading of ordinance passed 5-0. Staff noted no public inquiries or comments were received. - University South Fourth Addition (1376 Oak Manor Avenue South): Rezoning to include General Commercial overlay and plat approved 5-0; first reading passed 5-0. Beyond Shelter Housing is the applicant; Commissioner Mahoney asked about low-income housing units, noting the project may include 32-42 units (according to Brad Garcia). The project was scaled back due to funding shortfalls; the city has financial involvement, though the exact amount was not stated. - Southwest Fargo Mission Second Addition: Public hearing continued to October 16, 2023 (5-0). - CAPER Report: Public hearing held on the Consolidated Annual Performance and Evaluation Report (CAPER) for 2022. No action required. Staff reported spending over $2.6 million in HUD funds over the last 12 months on homelessness, housing, and neighborhood improvements. No public comments were received. Discussion Items - Public Health Downtown Services Update: Presented by Desi Fleming, Chandler Esslinger (Community Liaison Specialist, Harm Reduction), and Police Chief Dave Sabolski. They highlighted: - Historical background of harm reduction programs since 2014, starting with the Gladys Ray Shelter. - Downtown Engagement Center services: showers, lockers, laundry, and connection to services; serving an average of 110 guests per day in July 2023, with a peak of 146 visitors. - National trends: homelessness rising 6% since 2017; unsheltered homelessness now exceeds sheltered; indigenous people are up to five times more likely to experience homelessness. - Local data: Fargo-Moorhead has about 330 shelter beds but 340 people sought shelter in July 2023; chronic homelessness is increasing. - Fargo PD stats: 1,038 mental health-related calls year-to-date; 21% of those involve 15 individuals with significant mental health issues; six homeless individuals accounted for 104 calls for service in June. - The Downtown Engagement Center budget was cut from $2.7 million to $1.3 million, leading to reduced hours (from 8-8 to 8-5). - Commissioner Piepkorn's Discussion Item on Homelessness: Removed from the agenda due to lack of background information (motion passed 4-1, Piepkorn opposed). - Governance Meetings Update: Commissioner Kolpack and City Administrator Michael Redlinger reported on the past six four-hour sessions with Dr. Schatz. Next steps: draft governance policies meeting, new commissioner handbook, and upcoming seventh session cost $1,500-$2,000 per meeting. - Economic Development Incentive Policies: Commissioner Strand moved to schedule a working session to discuss all EDIC policies. After debate, the motion passed 4-1, with Commissioner Piepkorn dissenting, citing ongoing work by the EDIC committee and the city's growth plan. Key Outcomes - All consent items were approved and all four liquor licenses were granted. - All zoning changes were approved with first readings; the Southwest Fargo Mission Second Addition hearing was continued. - The CAPER public hearing was closed with no action required. - A working session on Economic Development Incentive Policies was scheduled. - Appointments to the Human Rights Commission: Motion passed 5-0 to reappoint Carolyn B. Craft and appoint four new members (Xavier Welty, Richie Aboa, Kristen Nelson, Zoe Apsey), with thanks to outgoing member Barry Nelson. - The meeting adjourned at 6:31 PM. Additional Notes - During liaison updates, Commissioner Piepkorn reported on the airport expansion (124 million project, doubling in size to nine gates). - A public attendee, Ryan Netterville, shared a grievance about a county worker destroying his late brother's wooden headstone; Chief Sabolski texted that he would look into it. Note: There is a discrepancy between the agenda item 41 and the minutes: the agenda originally listed item 41 as "Commissioner Piepkorn would like to discuss homelessness in and around Downtown," but due to lack of a memo or background info, it was removed from the agenda (motion approved 4-1).

The Fargo City Commission met on Monday, August 7, 2023, at 5:00 PM in the Commission Chambers. The meeting covered a wide range of items including consent agenda approvals, public hearings, updates on the 10th Street and University Drive Corridor Study and House Bill 1340, adoption of a resolution for additional liquor licenses, approval of the Mayor's 2024 Preliminary Budget with a two-mill levy increase and franchise fee increase, appointment to the Liquor Control Board, and property tax exemptions. The meeting adjourned at 6:17 PM. Consent Calendar - Approved 46 items en bloc (items 1–46) unanimously. Notable items include: - Sole source procurements for RRVWSP review, Avista Technologies chemicals, and Zenon Environmental ultrafiltration modules. - Second reading of ordinance amending liquor license classifications. - Extension of settlement agreement with James and Joyce Lepine. - Resolution establishing commercial pedal car fees. - Site authorizations and applications for games of chance. - Various change orders, bid awards, easements, and agreements. - Market adjustments for Maintenance Technician positions. - Purchase of ten copiers, a tractor loader backhoe, and a Ford F-450. - Grant awards for water pollution, monkeypox vaccination, and homeless services. - Bills in the amount of $12,162,552.63. Public Comments & Testimony - No resident comments were offered. Discussion Items - Update on the 10th Street and University Drive Corridor Study: City Engineer Tom Knakmuhs and Mike Bittner (Bolton & Menk) presented findings from a six-mile corridor study (13th Avenue South to 19th Avenue North). The study highlighted safety concerns, with 12% of citywide pedestrian/bicycle crashes occurring along the corridor and seven of the top ten crash-rate intersections. Public outreach included 600 residential and 60 business visits, 31 focus groups, and 500 online comments. A two-way conversion through downtown (from Second Avenue South to Fourth Avenue North) was deemed feasible without widening, while north and south segments would require widening and cost $17 million, impacting 125 trees and 175 signal poles. The next phase will explore traffic calming, enhanced crossings, and bike facilities. Commissioner Preston asked about pedestrian scrambles and left-turn elimination. Commissioner Strand requested alignment with Safe Routes to School. No vote was taken; the item was for information only. - Update on HB 1340 (Firearms): Assistant City Attorney Ian McLean reported that the city filed a declaratory judgment action in Cass County District Court on August 1, 2023, challenging the state law that would void home occupation ordinances prohibiting firearms sales from homes. The city argues the law unlawfully strips home rule powers. A decision is expected by year-end. The commission took no action. - Recommendation to adopt a resolution establishing procedure for issuance of additional liquor licenses: Bureau of Administrative Services Director Steve Sprague explained that the city's population estimate of 131,000 triggered two new licenses (Class Z and B-limited). The resolution sets a process: advertise availability, accept applications by October 27, 2023, review by city departments, recommendation from the Liquor Control Board, and final commission decision. If applications exceed licenses, a drawing will be held. The commission unanimously adopted the resolution. - Recommendation to approve the Mayor's 2024 Preliminary Budget and set public hearing date: Mayor Mahoney and Finance Director Susan Thompson presented the budget, which began with a $13 million gap. Through expense reductions (6.3 million) and revenue increases (two-mill property tax increase and franchise fee increase), the balanced budget totals $120 million in general fund expenses. The average homeowner impact is $145 per year ($12 per month). The budget includes 22 new personnel (15 firefighters for Station 8, 6 grant-funded traffic officers, and 1 IT attendant). Commissioner Piepkorn opposed the increases, advocating for spending cuts such as eliminating the downtown engagement center. Commissioner Strand supported the budget but sought transparency on how the two mills are allocated. Commissioner Kolpack expressed concern about the unallocated line item and lack of clarity on the two mills. Commissioner Preston asked for a one-page summary of allocations. The commission voted 4-1 to approve the preliminary budget and set the public hearing for September 18, 2023, at 5:15 PM. Commissioner Piepkorn voted no. - Recommendation for appointment to the Liquor Control Board: Commissioner Piepkorn moved to appoint Tatiana Hamilton, an attorney with Anstad Twitchell and former server, for a term ending July 1, 2025. Commissioner Strand voted no, expressing concern about losing citizen voices. The motion passed 4-1. - Applications for Property Tax Exemptions for Improvements Made to Buildings: 14 applications for five-year exemptions were approved unanimously. Key Outcomes - Approved Consent Agenda (items 1–46): Unanimous. - Approved Special Assessments for Skyway System Maintenance: $130,000 (up from $100,000 last year). Unanimous vote. - Approved Special Assessments for Nuisance Abatement Fees: Unanimous. Notable: included a new fee for dog waste removal. - Adopted Resolution for Liquor License Issuance Procedure: Unanimous. - Approved Mayor's 2024 Preliminary Budget (with two-mill increase and franchise fee increase): Passed 4-1 (Piepkorn nay). Public hearing set for September 18, 2023, at 5:15 PM. - Appointed Tatiana Hamilton to Liquor Control Board: Passed 4-1 (Strand nay). - Approved Property Tax Exemptions: Unanimous. - Liaison Commissioner Assignment Updates: Reports on fire station construction, lead and copper testing results (best ever, no samples above EPA action level since 2014), and other committee updates. No votes.

The Fargo Planning Commission met on Tuesday, August 1, 2023, at 3:00 PM in the Commission Chambers at City Hall. Vice Chair Maranda Tasa presided due to the absence of Chair Rocky Schneider and Member Dawn Morgan. The meeting addressed eight public hearing items, including growth plan amendments, zoning changes, subdivision plats, and conditional use permits. The meeting adjourned at 6:13 PM. Consent Calendar - Approval of Agenda: Moved by Member Holtz, seconded by Member Gunkelman. All members present voted aye. Motion carried. - Approval of Minutes (July 6, 2023): Moved by Member Schmidt, seconded by Member Shewey. All members present voted aye. Motion carried. Public Comments & Testimony - Item 1 – Interstate Business District Addition: Multiple residents of Reile's Acres and the surrounding ETJ spoke in opposition, citing concerns about decreased property values (estimated 25% decrease), buffer distance, tree planting timeline, allowed zoning in the Fargo ETJ, environmental and health impacts (including air quality and cancer risks), noise, traffic, and safety. Speakers included Paula Peterson, Mariia Goriacheva (chemical engineering professor), Josh Morrell (physician), Kyla DuBord, Thomas Krantz (Reile's Acres Council Member), Gail Prudhomme, and Tim Hager (Reile's Acres Council Member). They argued the proposed industrial and commercial zoning is inconsistent with the 2007 Growth Plan and would harm the residential community. - Item 8 – Golden Valley Second Addition: Neighborhood residents spoke in opposition to the conditional use permit for group living, citing concerns about negative impact on property values, number of vehicles, frequency of visitors, allowing a business in a residential area, safety, and the HOA covenants. Speakers included Dan Berglind, Edie Holcomb, Mike Strobel (HOA representative), Harold Rodenbiker, and Gary Schepp. They noted the home was built as a single-family residence and the proposed use does not fit the neighborhood. Discussion Items - Item 1 – Interstate Business District Addition: Applicant Tony Eukel (MBN Engineering) and representatives Lee Grossman (attorney), Tom Nelson (Swan Real Estate), and Nate Vollmuth (Goldmark Design) presented the proposal. The staff report, presented by Planning Coordinator Donald Kress, recommended approval of the growth plan amendment, zoning change, and plat. Key discussion points included the removal of concrete crushing from the conditional overlay, the 260-foot buffer plus 20-foot additional buffer, the proposed berm and tree line, traffic safety, and compatibility with the growth plan. The City Engineer Tom Knakmuhs spoke on traffic. The Board discussed the possibility of a restrictive overlay and the zoning of Lot 9. A motion to amend Lot 9 from LI to GC failed (2-5). The original motion to recommend approval to the City Commission passed 5-2, with Members Gunkelman, Schmidt, Stofferahn, Rosenberg, and Tasa in favor, and Members Holtz and Shewey opposed. - Item 2 – Laverne's Third Addition (Minor Subdivision): Staff report by Donald Kress recommended approval. The plat combines four undeveloped lots into one. No public opposition. Motion to approve carried unanimously (7-0). - Item 3 – Timber Parkway Tenth Addition (Minor Subdivision): Staff report by Planner Luke Morman recommended approval. The plat splits one lot into two. Discussion on access and Charles Way. Motion to approve carried unanimously (7-0). - Item 4 – 45th Street Park Third Addition (Conditional Use Permit): Staff report by Luke Morman recommended approval of a CUP for manufacturing and production in GC zoning. The applicant, Nate Vollmuth, explained the use is for medical ventilator manufacturing. Discussion centered on limiting the CUP to specific square footage or users. The Board decided not to add square footage restrictions. Motion to approve with conditions passed 5-2, with Members Tasa, Gunkelman, Stofferahn, Holtz, and Schmidt in favor, and Members Rosenberg and Shewey opposed. - Item 5 – 45th Street Park Fifth Addition (Conditional Use Permit): Similar to Item 4, for a neighboring property. Staff report recommended approval. Discussion brief. Motion to approve with conditions passed 5-2, same split as Item 4. - Item 6 – Wentz Addition (Zoning Change): Staff report by Planner Brad Garcia recommended changing SR-2 to SR-3 to allow a home addition. No opposition. Motion to approve carried unanimously (7-0). - Item 7 – Buchholz Addition (Minor Subdivision with Drain Setback Waiver): Staff report by Donald Kress recommended approval. The plat replats two lots into three. The subdivision waiver for drain setback was no longer required. Discussion on lot configuration. Motion to approve carried unanimously (7-0). - Item 8 – Golden Valley Second Addition (Conditional Use Permit for Group Living): Staff report by Donald Kress recommended approval for an agency foster home for up to four adults (stroke, brain injury, dementia). The applicant, Giselle Ishimwe (registered nurse), explained the medical care model. The Fire Marshal noted the need for sprinklers. The Board discussed parking, staffing, and the notification process. Neighbors expressed opposition. Motion to approve with condition (new owner must apply for new CUP) passed 5-2, with Members Stofferahn, Shewey, Tasa, Schmidt, and Holtz in favor, and Members Rosenberg and Gunkelman opposed. Key Outcomes - Item 1 – Interstate Business District Addition: Recommended approval to the City Commission (5-2). The staff recommendation was accepted. The amendment to change Lot 9 to GC failed. - Item 2 – Laverne's Third Addition: Approved (7-0). - Item 3 – Timber Parkway Tenth Addition: Approved (7-0). - Item 4 – 45th Street Park Third Addition: CUP approved (5-2) with conditions, including prohibited uses, landscaping, and no hazardous chemicals. - Item 5 – 45th Street Park Fifth Addition: CUP approved (5-2) with same conditions. - Item 6 – Wentz Addition: Zoning change recommended to City Commission (7-0). - Item 7 – Buchholz Addition: Plat approved (7-0). - Item 8 – Golden Valley Second Addition: CUP approved (5-2) with condition that new owner must obtain a new CUP. The decision is subject to a 10-day appeal period.

The Fargo City Commission held its regular meeting on Monday, July 24, 2023, at 5:00 p.m. in Commission Chambers at Fargo City Hall. Mayor Mahoney presided, and Commissioners Denise Kolpack, Dave Piepkorn, Arlette Preston, John Strand, and Timothy Mahoney were present. The meeting included a tribute to fallen Police Officer Jake Wallin, approval of the consent agenda, public hearings on liquor licenses and a proposed waterpark resort, and authorization of Red River Valley Water Supply financing. The meeting adjourned at 6:30 p.m. Consent Calendar - The Commission unanimously approved the consent agenda (items 1-37) en bloc. Notable items included: dangerous-building findings for 421 15th Avenue North; ordinance readings related to liquor license classifications, a Veterans Industrial Park rezoning, and commercial pedal car regulations; pledged securities as of 06/30/2023; gaming authorizations; engineering task orders and contract amendments (e.g., $401,182.60 for floodwall repair, $68,100 for MS-23-C0, $25,500 for NR-24-B0, $203,400 for AE2S, and $634,118 for Apex); emergency sewer repair payment of $274,513; bid award of $1,666,648.81; change orders and balancing change orders; easements, encroachments, contracts, and bonds; a library/senior center ground lease supplement; sole source procurement of $25,600; intergovernmental and service agreements; HUD CDBG/HOME grants; a landfill/recycling fund transfer; a lease agreement with Moorhead; loan application resolutions; and bills totaling $10,928,397.07. Public Comments & Testimony - Resident Wess Philome expressed condolences for Officer Jake Wallin, praised the communications department and Police Chief for their response, and urged support for the Muslim community against potential backlash, ending with 'We are Fargo Strong.' - During the public hearing on The Wave by EPIC waterpark PILOT, several community members testified. Blake Nyboken of EPIC Companies supported the project, emphasizing a 500-space public parking ramp, no upfront city cash, increased density, and economic benefits. Alex Christensen of Christians Companies raised concerns about high leverage, parking variance shortfalls, and whether the development increment justified the incentive. Charlie Johnson, president and CEO of the Convention & Visitors Bureau, and Sally Jacobson of the zoo spoke in favor, citing the waterpark as a regional attraction and parking relief. An unidentified resident questioned whether the city tracks total tax incentives and their long-term feasibility. Discussion Items - Mayor Mahoney updated the Commission on the July 14 shooting: Officer Andrew Dotas was critical but stable, Officer Tyler Hawes fair and stable, civilian Karlee Koswick in rehab, and Officer Zach Robinson with family. A Celebration of Life for Jake Wallin was set for Wednesday, July 26 at Scheels Arena. - Public hearings were held for a Class 'N' alcoholic beverage license for The North Dakota Horse Park and a transfer of the Class 'FA-RZ-M' license for Wurst Bier Hall to Two Star Boys LLC. Staff explained the license types and noted recommendations for approval. - The Valley View Estates Fourth Addition public hearing was withdrawn by the applicant. The Southwest Fargo Mission Second Addition was continued to the August 21, 2023 regular meeting. The Commission approved the plat of Radio Second Addition (5709-5790 53rd Avenue South). - The Commission reviewed a PILOT application from The Wave by EPIC, LLC for a full-service waterpark resort at 4410 and 4471 24th Avenue South. Staff reported the Economic Development Incentives Committee recommended a 10-year payment in lieu of taxes after PFM found 17 years excessive; the developer proposed a 500-space public parking ramp. - John Shockley, representing Lake Agassiz Water Authority, presented the Interim Financing Agreement Series D for Fargo's 25% local cost share of the Red River Valley Water Supply Project for 2023-2025 construction. He cited $180 million in state cost share, a $953 million legislative intent, a $60 million Bank of North Dakota loan at 2% over 40 years, and debt shaping to match population growth. The project is expected operational by 2031. - Liaison Commissioner assignment updates included acknowledgments, condolences, and thanks to first responders from commissioners. Key Outcomes - Approved order of agenda and July 10, 2023 regular meeting minutes. - Approved consent agenda items 1-37 unanimously. - Approved Class 'N' liquor license for Horse Race North Dakota d/b/a The North Dakota Horse Park (5-0). - Approved Class 'FA-RZ-M' liquor license transfer to Two Star Boys LLC d/b/a Wurst Bier Hall (5-0); Commissioner Strand disclosed business relationships with licensees. - Withdrew Valley View Estates Fourth Addition hearing. - Continued Southwest Fargo Mission Second Addition to August 21, 2023 (5-0). - Approved plat of Radio Second Addition (5-0). - On The Wave by EPIC LLC PILOT, the Commission voted 3-2 (Kolpack, Preston, Strand in favor; Piepkorn, Mahoney against) to refer the item back to the Economic Development Incentives Committee for further policy review, effectively delaying the project. - Approved the Red River Valley Water Supply Project Interim Financing Agreement Series D (5-0). - Approved appointment to the Special Assessment Commission (5-0). - Adjourned to August 7, 2023 at 5:00 p.m.

The Fargo City Commission met on July 11, 2023, to address a wide range of issues including a dangerous building declaration, annexation and zoning changes, an enterprise resource planning (ERP) system upgrade, federal aid transportation projects, and the appointment of a new city engineer. The meeting included public testimony on several items, particularly a controversial zoning proposal for the Interstate Business District Edition. Consent Calendar - Agenda, Minutes, and Consent Agenda (Items 1-34): Approved unanimously after roll call. The consent agenda included routine approvals, financial items, and administrative actions. Public Comments & Testimony - Edward Kristosik (South Fargo resident): Opposed the city’s unanimous vote to sue the state over HB 1340 (related to gun regulations). He argued that guns are already present in neighborhoods and criticized the city’s belief that the ordinance would make neighborhoods safer. He noted that as a federally licensed dealer, his premise address must be in a commercially zoned location. - Don Hanley (owner): Addressed the dangerous building at 421 15th Avenue North. Explained that the garage was partially demolished after a fire, and requested more time to complete demolition and rebuilding due to financial and resource constraints. - Paula Peterson (Prairie Estates resident): Opposed the Interstate Business District Edition zoning proposal, citing potential 25% decrease in home values, health concerns from industrial operations, and inconsistency with the 2007 growth plan. Represented about 30 landowners. - Kyla Dubord (45th Street resident): Opposed the zoning change, arguing it would set a precedent for surrounding areas, cause traffic and safety issues on 45th Street (currently a dirt road), and that industrial uses are incompatible with existing residential neighborhoods. - Dr. Joshua Morell (radiologist, UND): Testified against the industrial zoning, stating that cement dust and other industrial emissions pose serious long-term health risks (cancer) due to cumulative exposure. Urged the commission to prioritize public health over development. - Maria Goriecheva (Chemical Engineering, UND): Stated that there is no harmless industrial operation and highlighted the dangers of fugitive dust. Noted that the applicant had not disclosed hazards of cement dust until she raised it in earlier meetings. - Trent Duda & Lee Gross (applicants, ARD Properties): Argued for approval, stating that the staff twice recommended approval, the concrete crushing operation had been removed from conditional overlay, and that denial could be seen as arbitrary given that similar developments (e.g., Coast Materials) operate near neighborhoods. Cited only one prior denial of a staff-recommended project since 2015. Discussion Items - Library Announcements & Tribute: The commission opened with library summer programs (yoga, Historic Hunt through August 5th, reading challenge through August 26th) and a moment of silence for Mark, founder of the Fargo Marathon, who passed away. - Fire Station 8 Update: A video highlighted the June 20th groundbreaking. Key statistics: In the planning zone, 1,897 calls in the past 5 years; current response time 10 minutes 46 seconds for 90% of calls; goal is 6 minutes 20 seconds or less. Construction has begun (foundations poured). - ERP System Upgrade (Ron, Jill, Susan): Current legacy systems (Central Square from 1998, Kronos from 2015) will reach end-of-life by 2025-2027. Recommended provider: Tyler Technologies (Finance & HR) and UKG (timekeeping). Tyler is about half the cost of the second-choice vendor. Total one-time setup costs $2.7 million, with annual subscriptions $500,000. Funding via ARP funds and debt. Expected go-live on or before January 1, 2026. Motion to proceed passed unanimously. - Dangerous Building – 421 15th Ave N (Item 36): Staff reported the garage met 9 of 10 dangerous building criteria. Owner Don Hanley stated that his fiancé Justin had started demolition but needed more time. Motion to declare dangerous and require demolition by September 8, 2023, passed unanimously (5-0). Separate junk abatement is also underway. - Annexation – 80.4 Acres (Item 38): City-initiated annexation in southwest quadrant (19th Ave N/57th St N). No protests received. Motion to approve passed unanimously. - Veterans Industrial Park Edition (Item 39): Rezoning from AG to Limited Industrial and plat approval. Consistent with 2007 growth plan. Motion to approve passed unanimously. - Interstate Business District Edition (Item 40): Contested proposal to change growth plan designation from residential/park to industrial/commercial, with zoning changes. Planning Commission recommended denial (June 6). Staff recommended approval with conditions (excluding concrete crushing). After extensive public testimony, the commission voted 5-0 to refer the item back to the Planning Commission for reconsideration, citing the need for a holistic review of the area and alignment with the upcoming growth plan update (expected by February/March 2024). - Appointment of City Engineer: Tom Knock Moose, assistant city engineer for 4 of his 8 years with the city, was appointed. Motion approved unanimously. - Federal Aid Road & Bridge Projects (Jeremy): - 64th Avenue Interchange at I-29: Originally funded for 2025, but ND DOT moved funding to 2028 due to inflation. Commissioners expressed interest in appealing to the transportation commissioner. - North Broadway Bridge: Demolition is 50% complete; feasibility study by Houston Engineering expected in late September. Traffic counts will be taken to assess neighborhood impact. Funding split 80/20 federal/local on ND side; Clay County may participate. - Main Avenue Reconstruction: Delayed to 2026 due to environmental assessment requirement; estimated cost $41 million for less than a mile. - Other Projects: 52nd Ave bridge widening (starts Labor Day), 32nd Ave South extension, LED streetlight replacement (saving $75,000/year), pedestrian paths, and bridge maintenance. Total of 16 projects exceeding $100 million. - Property Tax Exemptions (Item 44): Approved unanimously. Key Outcomes - Approved: Consent agenda, minutes, dangerous building declaration with Sept 8 deadline, annexation of 80.4 acres, Veterans Industrial Park rezoning and plat, appointment of new city engineer, property tax exemptions. - Referred to Planning Commission: Interstate Business District Edition (Item 40) – will be reconsidered with new conditions and broader growth plan context. - Directed: Staff to proceed with ERP contracts with Tyler Technologies and UKG, and authorize funding (up to $2.7M one-time plus annual costs). - Noted: 64th Avenue interchange delayed; commission will engage with ND DOT. North Broadway Bridge study to return in September. - Commissioner Reports: Updates on missing middle housing (Preston), budget work (Mahoney), mosquito spraying and fire activity over July 4th (Colpack), and birthday recognition (Strand). Meeting Adjourned Motion carried to adjourn.

The Fargo Planning Commission met on July 6, 2023, at 3:00 PM in City Commission Chambers. The meeting covered five development proposals and two annexations, all recommended for approval by staff and passed unanimously (9-0). The commission also discussed the ongoing Growth Plan update and encouraged public input via an online survey. The meeting adjourned at 3:53 PM. Consent Calendar - Approved the order of the agenda as presented (unanimous). - Approved the minutes of the June 6, 2023, regular meeting (unanimous). Public Comments & Testimony - No members of the public spoke for or against any agenda item. All public hearings were closed with no testimony. Discussion Items 1. EOLA Addition (Items 1a-1c) Proposal: Zoning change from GC with PUD to GC with amended PUD, amendment to PUD Master Land Use Plan, and major subdivision plat (EOLA Second Addition) including a waiver for reduced street right-of-way (77 ft instead of 80 ft). Located at multiple addresses near 24th Avenue South and 45th Street. Staff (Planning Coordinator Maegin Elshaug) presented, stating all criteria met and recommending approval contingent on Fargo Park Board approval. Discussion on public streets, right-of-way width, sidewalk width (10-ft trail proposed). Member Dawn Morgan declared she is President of Fargo Park Board for transparency. Motion by Scott Stofferahn, second by Jennifer Holtz, to approve as staff recommended. Unanimous (9-0). 2. Airport Second Addition (Item 2) Proposal: Conditional Use Permit to allow residential living in LC (Limited Commercial) zoning district at 1919 University Drive North. Conversion of 24,000 sq ft of former office space into 19 residential units, resulting in 94 total units in the building, with at least 1,200 sq ft remaining commercial (including existing drive-thru). Staff (Maegin Elshaug) recommended approval with conditions: maximum 94 units; any expansion or use change requires review; minimum 1,200 sq ft commercial space must remain. Applicant representative Nate Vollmuth (Goldmark Design & Development) spoke, noting the building was previously occupied by NDSU and the owner will attempt to lease the remaining 1,200 sq ft for a year before potentially requesting conversion. Discussion on national trend of office-to-residential conversions. Motion by John Gunkelman, second by Thomas Schmidt, to approve with conditions. Unanimous. 3. 46th Avenue Industrial Park Addition (Items 3a-3b) Proposal: Zoning change from AG (Agricultural) to LI (Limited Industrial) and major subdivision plat for a two-lot industrial park at 3336 52nd Avenue North. Includes right-of-way dedications and a concurrent owner-initiated annexation (14.20 acres). Staff (Donald Kress) recommended approval. Discussion on future street connections, proximity to sewage lagoons and airport, and FAA restrictions on residential uses near airport. City Engineer Brenda Derrig spoke on engineering aspects. Applicant representative Andrew Thill (Lowry Engineering) present. Motion by Brett Shewey, second by Dawn Morgan, to approve. Unanimous. 4. University South Fourth Addition (Items 4a-4b) Proposal: Zoning change from MR-3 with C-O overlay to MR-3 with C-O overlay and GC (General Commercial) with C-O overlay, and minor subdivision replat of Lot 1, Block 1, University South Second Addition (former Kmart site at 1376 Oak Manor Avenue South). Lot one reserved for senior housing, lot two for commercial use. Staff (Brad Garcia) presented, recommending approval with updated conditional overlay text, including a modification to allow dumpster facing a stormwater pond. Motion by Jennifer Holtz, second by Scott Stofferahn, to approve as staff recommended. Unanimous. 5. Village West Fourth Addition (Item 5) Proposal: Minor subdivision plat (replat of part of Lots 5-6, Block 1, Village West Addition) at 902 40th Street South. Existing overflow parking lot and undeveloped area, no zone change. Staff (Luke Morman) presented, recommending approval. Motion by John Gunkelman, second by Thomas Schmidt, to approve. Unanimous. Other Items: Annexations - D1: Annexation of 14.20 acres (portion of Section 14) – part of the 46th Avenue Industrial Park property. Staff (Donald Kress) recommended finding consistency with 2007 Growth Plan. Motion by Gunkelman, second by Morgan. Unanimous. - D2: Annexation of 80.40 acres (portions of Sections 28, 29, 32) – includes Veterans Industrial Park area and additional properties; city-initiated. Discussion on West Fargo lift station on property. Staff found consistent with Growth Plan. Motion by Maranda Tasa, second by Stofferahn. Unanimous. Growth Plan Update Chair Rocky Schneider and Assistant Director Mark Williams provided an overview of the Fargo Growth Plan process. A survey is available at fargogrowthplan.org. Commissioners encouraged public participation. Discussion on how the housing study (released in bits) may affect the growth plan, especially regarding affordable housing and density. Staff will promote the survey via social media and stakeholders. Key Outcomes - All five public hearing items (EOLA Addition, Airport Second Addition, 46th Avenue Industrial Park Addition, University South Fourth Addition, Village West Fourth Addition) were approved unanimously (9-0) with conditions as noted. - Both annexation findings (D1 and D2) were approved unanimously as consistent with the 2007 Growth Plan. - The meeting adjourned at 3:53 PM.

The Fargo City Commission held a regular meeting on Monday, June 26, 2023, convening at 5:07 p.m. after an executive session at 4:30 p.m. to discuss attorney consultation regarding 501 Main Avenue. The meeting included approvals of numerous consent agenda items, public hearings, and several contested votes on development proposals, tax incentives, and board appointments. Consent Calendar - Approved the order of the agenda and the minutes of the June 12, 2023 regular meeting. - Approved Consent Agenda items 1–31, including: - First reading of an ordinance amending the Forestry Department code. - Second reading and final adoption of an ordinance on noise control. - Direction to the City Attorney to prepare amendments to the alcoholic beverage code regarding food sales for license renewal. - Site authorizations for games of chance (Metro Sports Foundation, West Fargo Hockey Association). - Seven applications for games of chance (various organizations). - Renewal of alcoholic beverage and live entertainment licenses through June 30, 2024. - Agreement with project manager Nicolette Plante. - Pipeline easement with Cass Rural Water Users District. - Task Order No. 1 with Houston Engineering ($199,501). - Bid advertisement for Project FM-15-F. - Bid awards: Ryan Contracting ($872,126), Border States Paving ($1,499,056.13), SJ Louis Construction ($358,724), Osgood Cleaning Services ($198,000 three-year contract), Peterson Mechanical ($78,000). - Change Order No. 6 ($5,793.55). - Permanent easement with Huynh KHA Property LLC. - Bid award and contract with JLG Architects for a Police Department Master Facility Plan. - Piggyback purchase for FARGODOME Building Automation System upgrade ($137,960). - Resolution establishing a forestry licensing requirement. - Fargo Cass Public Health 2023 budget adjustments. - Five notices of grant awards from ND Department of Health and Human Services. - Request from Downtown Community Partnership to use 501 Main Avenue for parking during the 2023 Street Fair. - Resolution approving plat of Golden Valley Seventh Addition. - Sole source procurement for ultra-filtration membranes ($128,420.40). - Bills totaling $13,894,619.95. Public Comments & Testimony - Noah Sperling expressed concerns about downtown street food vendors, alleging harassment, non-compliance with code (e.g., cart height, unauthorized setups), and misuse of permits by vendors like Top Dog. He stated that these issues have persisted for five to six years and affect safety and business climate. - Wess Philome spoke about the City's Diversity, Equity, and Inclusion (DEI) department. He questioned whether the department was leveraged in the community growth plan and a specialized task force to combat street racing, expressing concern about potential over-policing of BIPOC communities. He noted that he spoke with Dr. Terry about an annual report from the Police Department and expected a report in July. He emphasized the need to demonstrate the effectiveness of the $200,000 taxpayer investment in the DEI department. Discussion Items Public Hearings - Item 33 – Class GH Alcoholic Beverage License for Five Star African Cuisine: Continued to August 21, 2023, by unanimous vote. - Item 34 – Class A-Club Alcoholic Beverage License for Fargo Air Museum: Approved unanimously. The museum has over 400 members and has been in existence for more than 20 years. The license allows in-house alcohol service for events, replacing previous contracts with third parties. - Item 35 – Class W Alcoholic Beverage License for Fargo Brewing Company: Approved unanimously. The brewery previously held a beer-only license; the new license permits wine service on premises. - Item 36 – Dangerous Building at 421 15th Avenue North: Continued to July 10, 2023, by unanimous vote. - Item 37 – Tax Increment Financing District No. 2023-03 Renewal Plan and Developer Agreement with HN 8th Street, LLC: Approved 4–1 (Commissioner Strand dissenting). The TIF supports redevelopment of a vacant six-unit apartment building at 502 8th Street North into five townhome-style apartments. Total TIF amount: $286,500, with an additional $14,000 in fee reimbursement. The project is expected to take 15 years. Developer Dave Noah stated the existing building is in poor condition and the TIF is necessary due to high site work costs. Commissioner Strand questioned the city's role in subsidizing market-rate rentals (projected at $2,800/month for a three-bedroom unit) and argued that blight alone does not justify public investment. Staff noted that without assistance, rental rates would increase by 8%. - Item 38 – Proposed Changes to 501 Main Avenue Development Plan: The developer (501 Main Ave DevCorp, LLC) presented a revised plan reducing the project from a six-story mixed-use building (with office and housing) to a four-story office-only building with a smaller footprint and different exterior. The developer stated they have three committed tenants, financing in place, and have invested over $360,000 in design and site work. The commission voted 4–1 (Commissioner Kolpack dissenting) to reject the new proposal, finding it inconsistent with the original 2020 agreement due to reduced square footage, removal of housing units, and substantially different design. Commissioner Piepkorn emphasized fairness to other bidders. Commissioner Kolpack expressed understanding of the developer's position but noted lessons learned. Other Regular Agenda Items - Item 39 – Informational Overview of 2024 Primary Election Changes: Commissioner Kolpack presented changes approved by Cass County, including extended early voting hours, six ballot-on-demand printers, and 21 vote centers on election day. Commissioner Strand raised concerns about perceived discrimination at the polls regarding proof of citizenship, which he said had not been fully addressed. The Human Rights Commission had requested a presentation from Cass County elections but had not received one. - Item 40 – Cost Share Assistance for Burying Overhead Power Line in Graver Alley: Approved unanimously. The city will provide $105,000 in cost share following the framework of the Robert Street Alley pilot project. Engineering Director Kevin Gorder provided a detailed history of the alley projects, noting that the Robert Street Alley project is 95% complete with pole removal targeted for August 1, 2023. The total investment in that alley over eight years was approximately $3.7 million. Commissioner Strand urged adding safety features like cameras and lighting, which staff indicated are under development. - Item 41 – Estimated Population Declared 131,444: Approved unanimously. The estimate, from the U.S. Census Bureau, triggers the availability of two additional liquor licenses for the city. City Attorney Steve Sprague explained that licenses would be advertised and awarded by drawing if multiple applications are received, with consideration of location and other factors. Commissioner Strand requested a list of criteria used in awarding licenses, including impacts on crime and neighborhood character. - Item 42 – Receive and File Ordinances on Commercial Pedal Car Vehicles: Approved unanimously. The ordinances establish regulations for pedal cars (e.g., party bikes) allowing alcohol consumption on board. Requirements include $2 million insurance, annual inspection, server-trained operator, seat belts, lights, and designated routes. No amplified sound is allowed. The ordinances were developed after input from two interested parties. - Item 43 – Property Tax Exemptions for Improvements: Approved unanimously for DCBA Holdings, LLC (1348 6th Street South, 5 years) and Adam Zavalney and Emma Gruber (1401 12th Street North, 5 years). - Item 44 – Liaison Commissioner Assignment: Approved unanimously, appointing Commissioner Arlette Preston as liaison to the Community Development Committee, replacing Commissioner Strand. - Item 45 – Appointments to Boards and Commissions: - Liquor Control Board: Approved 3–2 (Commissioners Preston and Strand dissenting). Concerns were raised about the lack of diversity (all four men) and the replacement of an incumbent downtown resident with a candidate from the liquor industry, which some felt created a conflict of interest. Commissioner Piepkorn defended the appointment, citing the candidate's experience and passion. - Library Board and Arts and Culture Commission: Approved unanimously. - Item 46 – Construction Update: Assistant City Administrator Brenda Derrig reported on safety incidents, completed projects, and ongoing work. Key updates: one resident injury on Sixth Avenue North; numerous projects underway including NP Avenue reconstruction, 32nd Avenue South paving, and Woodcrest levee flood protection. She noted that utility coordination includes opportunities for electric vehicle infrastructure. - Item 47 – Liaison Commissioner Updates: Commissioners reported on board activities, including the airport authority's terminal expansion (estimated $118 million), police picnic, and employee recognition event. Commissioner Kolpack provided updates on the water quality report, solid waste safety event, fire station 8 groundbreaking, and fireworks reminder. Key Outcomes - Consent Agenda: Approved unanimously. - Public Hearings: - Five Star African Cuisine license continued to August 21, 2023. - Fargo Air Museum and Fargo Brewing Company licenses approved. - Dangerous building hearing continued to July 10, 2023. - TIF District No. 2023-03 approved 4–1 (Strand nay). - 501 Main Avenue revised proposal rejected 4–1 (Kolpack nay). - Graver Alley Cost Share: Approved unanimously. - Population Estimate: Approved unanimously. - Pedal Car Ordinances: Received and filed unanimously. - Property Tax Exemptions: Approved unanimously. - Liaison Assignment: Approved unanimously. - Board Appointments: Liquor Control Board approved 3–2; Library Board and Arts and Culture Commission approved unanimously. - Construction Update: Received as information. - Adjournment: At 7:00 p.m., next regular meeting set for July 10, 2023, at 5:00 p.m. Note: The meeting was preceded by an executive session from 4:30 to 5:04 p.m. regarding 501 Main Avenue litigation.