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61
AUG 19, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Meeting: August 19, 2024

The Fargo City Commission held its regular meeting on Monday, August 19, 2024, at 5:00 PM in Commission Chambers at City Hall. Mayor Timothy Mahoney presided, with Commissioners Denise Kolpack, Dave Piepkorn, John Strand, and Michelle Turnberg present. The meeting covered a range of items including consent agenda approvals, public hearings for affordable housing and development projects, a resolution to place a public safety sales tax on the November ballot, and several property tax exemptions. The meeting adjourned at 6:10 PM. Consent Calendar - Approved the agenda, adding approval of minutes from the August 12, 2024 Special Meeting. - Approved minutes from the August 5, 2024 Regular Meeting and the August 12, 2024 Special Meeting. - Approved the consent agenda (items 1-23) which included: - First reading of an ordinance amending the Electrical Code. - Final adoption of rezoning ordinances for YWCA Addition and Presentation Addition. - Approval of game of chance applications for Fargo Davies High School, Veterans Honor Flight, YWCA Cass Clay, and El Zagal Outdoors Unlimited. - Administrative penalties ($500 fines) for liquor license violations at Front Street Tap Room, VFW, and multiple other establishments. - Various change orders, contracts, and bond approvals. - Resolutions authorizing taxable annual appropriation bonds Series 2024F and 2024G. - Acceptance of grants (ND Forest Service, FEMA, ND Health and Human Services) and reallocation of funds. - Bid awards for Fire Station No. 5 Renovation ($2,463,004) and contracted fuel purchase ($1,031,160). - Plat approval for Prairie Farms Third Addition. - Received the Bias Motivation and Hate Crime 2nd Quarter Report. - Bills in the amount of $13,779,075.36. Public Comments & Testimony - Camping on Public Property Ordinance (Item 24): - Allison Slavic (Fargo resident) thanked staff for their work and urged the commission to approve the proposed resolution, supporting camping restrictions (100 feet from bridge embankments, 30 feet from bike paths) as long as residents use downtown engagement center services. She also requested a recommended fine of $5 for unhoused individuals and inclusion of a housing first pilot program, expressing concern about lack of empathy. - Kim Siebe (licensed social worker, 30+ years) emphasized the vulnerability of people experiencing homelessness and opposed simply sweeping camps. She cited CDC research on the harmful effects of camp cleanups and advocated for a thoughtful, respectful approach. - Ben Myrick (Fargo resident) argued the bill mischaracterizes a systemic criminal justice failure (releasing dangerous individuals) as a homelessness issue. He criticized the imbalance of penalties for the poor versus tax breaks for developers, and suggested tabling the ordinance. - John Campbell (Executive Director, Fargo Moorhead Coalition to End Homelessness) expressed strong support for the ordinance and resolution in their entirety, calling them based on best practices and vital for addressing public safety and health. Discussion Items - Camping on Public Property (Item 24): City staff explained the first reading of the ordinance and the accompanying resolution, which will be revised based on public comments. The ordinance would take 30 days to change, so priority enforcement details are placed in a flexible resolution. Questions were raised by commissioners about fines, location of camps, and camp size; staff agreed to provide mapping and data. - Beyond Shelter PILOT (Item 25): Dan Madler, CEO of Beyond Shelter, presented a request for a 17-year zero payment PILOT (Payment in Lieu of Taxes) exemption for a two-phase affordable senior housing project at 2131 and 2185 65th Avenue South. He highlighted that the project will add 78 units, of which 20% (16 units) will be fully accessible. Beyond Shelter has developed 580 affordable homes in Fargo, with 406 for seniors; 172 seniors are on the waitlist for the recently opened Plaza Apartments. Commissioner Kolpack praised the public-private partnership. Commissioner Strand asked about proactive partnerships; Madler indicated demand is increasing and is open to collaboration. - Schatz Fifth Addition (Item 26): Staff presented a request for rezoning to MR-3 with a PUD overlay, allowing a higher density (32 units/acre vs. standard 24) for an 82-unit apartment building at 5601/5671 34th Avenue South. The applicant, John Eunice of Eagle Ridge Development, explained that the project includes 74 underground parking stalls and retains some garages to meet market demand. The planning commission recommended approval, with a contingent approval for the plat. The first reading of the rezoning ordinance was also approved. - Renaissance Zone Rehab (Item 27): Nicole Crutzfield presented a Renaissance Zone application for a commercial property at 514 14th Street North. The project involves a $1.5 million investment (approximately $153/sq ft) to renovate the building into commercial space, with occupancy expected by June 2025. The Renaissance Zone Authority recommended unanimous approval. Discussion centered on the possibility of extending the exemption from five to eight years, which would require collaboration with the county and school district. - Fargo Growth Plan 2024 (Item 28): Mark Williams presented the City's new comprehensive growth plan, the first since 2007, covering the entire city. He noted the planning commission approved it unanimously. Commissioners discussed next steps, including a rewrite of the land development code (LDC) to accommodate higher-density development and modern needs, with a timeline of 18-24 months. Questions were raised about greenfield expansion, special assessments, and external boundaries; staff clarified that the plan includes tasks to evaluate southern and northern areas. - Police and Fire Sales Tax Resolution (Item 29): Eric Islendar, President of Fargo Firefighters Local 642, presented a request for a quarter-cent sales tax for 20 years, estimated to raise $8 million annually, to fund police and fire services. He cited rising call volumes, aging infrastructure (e.g., Fire Station 4 built in 1966), staffing challenges, and a building purchase for police. The motion to adopt the resolution passed 3-2 (Kolpack, Strand, Turnberg in favor; Piepkorn, Mahoney against). The ballot language was approved separately 4-1 (Piepkorn dissenting). Opponents (Commissioner Piepkorn and Mayor Mahoney) argued the tax was not fully vetted with finance, would burden taxpayers, and should wait until 2026; supporters viewed it as a way to let voters decide on funding for essential services. - Property Tax Exemptions (Item 30): Approved a series of 5-year property tax exemptions for improvements to buildings owned by Border Properties 1, LLC, Samantha Smestad and Ryan Thompson, Joe Boulger, Preston Nesemeier, Michael Shirk/Heath, KLH&J Land, LLC, Kristin Bode, and Mitchell and Kathleen Rumple. - Dangerous Building Extension (Item 31): Approved a 30-day extension to September 23, 2024, for the property at 909 4th Street North, recently acquired by Willington Savings Fund Society, to assess whether to repair or demolish the dangerous building. The representative also committed to cleaning up the lawn and backyard. - Liaison Commissioner Assignment Updates: Commissioners provided updates on boards and committees. Commissioner Strand highlighted the Human Rights Commission's focus on the Arbors community; Mayor Mahoney noted the importance of local ownership in that community. - Resident Comments: Katie Bunkelman requested the city increase the allowed number of backyard chickens from four to six, aligning with Moorhead and West Fargo. Key Outcomes - Approved consent agenda and routine items unanimously. - Approved first reading of the Camping on Public Property ordinance (unanimous). Final adoption and resolution to come in two weeks. - Approved Beyond Shelter PILOT application with a 17-year zero-payment exemption (unanimous). - Approved Schatz Fifth Addition rezoning, PUD, master land use plan, and plat (unanimous) and first reading of rezoning ordinance (unanimous). - Approved Renaissance Zone project for Campsite 4, LLC (unanimous). - Approved Fargo Growth Plan 2024 (unanimous). - Approved resolution to place quarter-cent sales tax for police and fire on November 5th ballot (3-2), and approved ballot language (4-1). - Approved all eight property tax exemption applications (unanimous). - Approved 30-day extension for dangerous building at 909 4th Street North (unanimous).

PUBLIC SAFETY 24% · HOMELESSNESS 21% · PROCEDURAL 13% · AFFORDABLE HOUSING 11%
62
AUG 5, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Regular Meeting – August 5, 2024

The Fargo City Commission met on Monday, August 5, 2024, at 5:00 p.m. in the Commission Chambers. The meeting included unanimous approval of a 38-item consent agenda, public hearings on tax increment financing and a zone change, a proclamation declaring August 9 as Savannah Greywind Day, and lengthy discussions on a proposed camping ordinance, the 2025 preliminary budget, and ballot measures for a Fargodome sales tax and a lodging tax. The meeting adjourned at 7:24 p.m. Consent Calendar - Wildlife Management Program Resolution for the 2024–2025 season. - Ordinance amending the Electrical Code (Section 23-0211) – received and filed. - Second Amendment to Findings of Fact regarding 1710 1st Avenue South. - Amendment to Municipal Code 25-1512(D) waiving compliance failure penalty if licensee agrees to use an ID scanner. - Extension of Class “F” Alcoholic Beverage License for Mango’s, Inc. d/b/a Mango’s pending building repairs. - Games of Chance applications for five organizations (raffles, bingo). - Change Order No. 1 in the amount of $66,647.96 for Improvement District No. PR-24-G1. - Utility Relocation Reimbursements to Midcontinent Communications ($10,816.95) and Sparklight ($2,000.00). - Developer Agreements with 202 Flats, LLC (Cityside Addition) and ProCore Development LLC (Legacy I Eighth Addition). - Memorandum of Understanding with the City of Horace for storm sewer and street maintenance in Deer Creek Addition. - Temporary Construction Easement with Global Development, LLC (Improvement District No. BR-25-F1). - Memorandum of Offer to Landowner for permanent easements with JLB South, Inc. (PR-24-A1). - Contract and bond for Improvement District No. BN-24-C1. - Change Order No. 4 ($20,800.00) and time extensions for Project No. NR-23-A2. - Change Order No. 1 ($4,085.00) for Project No. UR-24-H1. - Final Balancing Change Orders ($0.00) for Projects ER-24-A1 and ER-24-B1. - Bid awards: Industrial Builders, Inc. ($169,060.00) for DR-21-A1; Key Contracting, Inc. ($393,470.00) for UR-24-A1; RDO Equipment ($25,000.00 for wheel loader; $65,000.00 for two rental wheel loaders); Butler Machinery Company ($42,500.00 for motor grader); Sanitation Products ($612,298.00 for two auto side load refuse trucks). - Contracts and bonds for Projects PR-24-F2 and WA2451. - Master Service Agreements for HVAC and Plumbing Services with multiple vendors. - FAHR Staff meeting items: sales tax update and NP Avenue/Red River tree removal. - Bond documents for Taxable Annual Appropriation Bond (NP Parking), Series 2024E. - Agreement between Doyle’s Yellow Checker Cab, Inc. and Fargo Cass Public Health. - Title V/Maternal and Child Health Program grant application. - Addendum C to Cass Human Service Zone Agreement with Fargo Cass Public Health. - Purchase of Phosphorus Unified xloT Security Management Platform from Doosan Digital Innovation America, LLC. - Plat approval for University South Fifth Addition. - Joint Powers Agreement for School Resource Officers Amendment Number One. - Agreement for Transit Services and 2024–2025 Amendment to Joint Powers Agreement with NDSU. - Change Order No. 4 ($127,486.00) for emergency repairs to West Side Interceptor Project WW1701. - Bills in the amount of $31,392,477.36. Public Comments & Testimony - Elizabeth Cook (item 45) expressed support for the camping ordinance, stating that residents are “fearful for their lives” due to unsafe conditions on trails and under bridges, citing a recent rape, attacks, needles, nudity, and defecation. - Charles King (resident comments) urged the commission not to abolish the Diversity, Equity, and Inclusion (DEI) office, emphasizing its role in supporting children and single parents. - Olivia Fischer (resident comments) criticized the commission for not acting on a ceasefire resolution and for spending taxpayer money on military aid to Israel, arguing that $11.6 million could have funded 1,259 public housing units for a year. - Cori Edgerton (resident comments) highlighted World Breastfeeding Week, stated that breastfeeding is challenging in conflict zones like Gaza, and criticized the police oversight process regarding the shooting of Shane Netterville, noting an oral reprimand for the officer involved. She also cited data showing Black people make up 10% of Fargo’s population but 20% of traffic stops. - Wess Philome (resident comments) spoke (content not in summary). Discussion Items - Proclamation for Savannah Greywind Day: Mayor Mahoney proclaimed August 9 as Savannah Greywind Day in recognition of missing and murdered indigenous women. Ruth Buffalo of the Fargo Native American Commission accepted the proclamation. - Item 39 – Sale of Property West of Landfill: Staff explained the property, acquired in 1995, is no longer needed for landfill expansion. The commission adopted a resolution to declare it surplus and direct staff to prepare an RFP for listing. Motion carried unanimously (5-0). - Item 42 – Fargodome Remodeling Project: Fargo Dome Authority representative Dave Soupis presented a plan for a quarter-cent sales tax for 20 years to fund a renovation. Matt Larson, NDSU Athletic Director, expressed support, noting the Dome’s role beyond football. The commission approved three motions: (1) to approve the recommendations, (2) to adopt a resolution amending the Home Rule Charter for the sales tax, and (3) to approve ballot language for the November 5, 2024 election. All three motions passed unanimously (5-0). - Item 40 – TIF Renewal (600 Block 4th Street North): The public hearing was held; no public testimony. The renewal plan and developer agreement with JS 2L Partners, LLP were adopted unanimously (5-0). The plan includes demolition of blighted buildings and a five-year TIF period. - Item 41 – YWCA and Presentation Additions Zone Change: The public hearing was held. YWCA CEO Aaron Procno described plans to acquire additional property for supportive housing. The commission approved the zone change from MR-1, MR-2, and SR-2 to P/I (Public and Institutional), and approved first readings of the rezoning ordinances for both additions. All votes were 5-0. - Item 43 – Lodging Tax Resolution: Charlie Johnson of Visit Fargo-Moorhead requested approval to place a 3% city lodging tax (hotel-motel tax) on the November 5 ballot for 25 years to fund conference space. Claire Hughes, Mike Preckle, and Dan Herder spoke in support. The commission adopted the resolution with an amendment specifying “hotel-motel tax,” passing 5-0. - Item 44 – Construction Update: City Engineer Tom Knakmuhs provided an update on completed, ongoing, and upcoming projects, including the 42nd Street Overpass opening and various street reconstructions. No injuries reported. - Item 45 – Camping on Public Property Ordinance: After debate on process, the commission voted to receive and file the ordinance (not expedite). The ordinance prohibits camping on public property; a separate resolution will outline enforcement areas and a housing-first pilot project (10 units). The motion to receive and file passed unanimously (5-0). Commissioner Piepkorn requested removal of a whereas clause referencing homelessness, but staff noted it would be addressed in the resolution. - Item 46 – 2025 Preliminary Budget: Mayor Mahoney presented the budget proposal. Key highlights: a 5% COLA for employees (later reduced to 4.5% in a compromise), no new general fund positions, a net zero mill levy increase, and a debate over funding for the airport (two mills vs. one mill; compromise allocated one mill and added one mill to the city for net zero). The budget includes $13.97 million increase in general fund expenses (11% increase). 74% of the general fund goes to personnel. Utility rates increase $10/month. The motion to approve the preliminary budget and set a public hearing for September 16, 2024 passed 3-2 (Commissioners Piepkorn and Strand voted nay). - Item 47 – Human Rights Commission Appointments: Approved unanimously (5-0). - Item 48 – Liaison Commissioner Assignment Updates: Commissioners provided reports. Commissioner Strand reported on the Air Show and airport enthusiasm; Commissioner Turnberg reported 13% increase in library visits and 44% increase in program attendance. Key Outcomes - Consent Agenda: Approved unanimously (5-0). - Resolution Authorizing Sale of Property West of Landfill: Adopted unanimously (5-0). - Fargodome Remodeling Ballot Measures: Approved unanimously (5-0) to place a quarter-cent sales tax (20 years) and ballot language on the November 5, 2024 ballot. - Tax Increment Financing Renewal (600 Block 4th Street North): Adopted unanimously (5-0). - YWCA/Presentation Additions Zone Change: Approved unanimously (5-0); first readings of rezoning ordinances passed. - Lodging Tax Resolution: Adopted unanimously (5-0) to place a 3% hotel-motel tax on the November 5, 2024 ballot. - Camping on Public Property Ordinance: Received and filed unanimously (5-0); first reading will occur at a later meeting. - 2025 Preliminary Budget: Approved 3-2 (Mahoney, Kolpack, Turnberg in favor; Piepkorn, Strand opposed). The budget sets a net zero mill levy, a 4.5% COLA, and a public hearing on September 16, 2024. - Human Rights Commission Appointments: Approved unanimously (5-0).

PUBLIC SAFETY 22% · PROCEDURAL 21% · BUDGET EQUITY ANALYSIS 13% · RACIAL EQUITY 11%
63
JUL 22, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Regular Meeting July 22, 2024: Dangerous Building Extension, TIF History, Nuisance Vehicles, and License Approvals

The Fargo City Commission met on Monday, July 22, 2024, at 5:00 PM in the Commission Chambers. The meeting covered a wide range of items including approval of a 90-day extension for repairs on a dangerous building, a presentation on the history of Tax Increment Financing (TIF), updates on a draft nuisance vehicle ordinance, approval of multiple alcoholic beverage licenses and ownership changes, and appointments to various boards and commissions. Public comment addressed the Israel-Hamas conflict and homelessness. Consent Calendar - Approved unanimously items 1–32, excluding item 20d (withdrawn) and items 22–24 (moved to regular agenda). Major items included: dangerous building orders for 1011 University Dr N and 421 15th Ave N; rezoning ordinance for Cityside Addition; pledged securities through June 30, 2024; games of chance site authorizations and applications; various change orders and final balancing change orders for improvement districts; bid award to Northern Improvement Co. ($3,768,706.31) for Improvement District BN-24-C1; termination of encroachment agreement with Park District for Island Park Pool bleachers; speed limit reduction along 32nd Avenue South and University Drive South; prequalification of eight vendors for HVAC and Plumbing Services; FAHR staff reports (including General Fund budget-to-actual and year-end projections through June 30, 2024, and 2024 State Aid Award for Library); Mutual Aid MOU with West Fargo Fire Department; change orders for Fire Station No. 8 (electrical and general construction contracts); bid award for on-call transportation services to Doyle’s Yellow Checker Cab, Inc.; notice of grant award for school-located clinics to boost childhood immunization; directive to review and update Electrical Code (Chapter 23); CDBG/HOME 2023 Action Plan amendment; plat approvals for Edgewood Estates Third Addition and Agassiz First Addition; Master Project Agreement for advanced metering infrastructure (Project WA2402); and bills totaling $11,974,269.92. Public Comments & Testimony - Olivia Fischer (Fargo resident): Stated a request for written responses from each commissioner asking, "Are you ashamed of yourselves for not condemning a genocide?" and argued that the city’s tax dollars are funding Israeli weaponry and the killing of Palestinian civilians. She described decades of occupation and displacement, and urged the commission to divest. - Isabetta Herrera (via conference call): Spoke about homelessness in Fargo, sharing a personal story of narrowly avoiding homelessness despite working full time. She opposed banning tents on public property, arguing that a proposed $35/day camping fee ($1,085/month) exceeds average rent in Fargo and would not solve homelessness. She also referenced $2 million of Fargo taxpayer money going to Israeli weaponry, suggesting it could instead fund 242 households in public housing, and called for increased funding for shelter and outreach. - Andrew Nelson (mentioned in minutes, transcript does not capture his comments). Discussion Items - Item 33 – Dangerous Building Extension (1710 1st Avenue South): - Applicant Jamie Swinson requested a 90-day extension to complete repairs on a 1,636 sq ft two-story wood frame structure. City staff recommended denial, citing failure to provide an engineering report despite a previous 180-day extension, poor track record, and concerns about completion. Swinson countered that he had invested $16,000 in foundation reinforcement (Ram Jack), worked 220 hours during winter, and recently hired an engineer who deemed the structure sound. He stated his intent to renovate the home into a single-family residence. - Commissioners expressed support for saving the house. Commissioner Piepkorn made a motion to grant the 90-day extension, contingent on receiving the engineering report and ensuring the building is no longer dangerous. The motion passed unanimously (5-0). - Item 43 – Presentation of Tax Increment Financing (TIF) History: - City Assessor Michael Splonskowski presented a comprehensive overview. Key data: Since 1982, Fargo has implemented 32 TIF projects. Total base value at start: $152 million; value at expiration: $1.2 billion (700% increase, 17%/year). Estimated tax base grew from $2.2 million to $11.4 million (408% increase, 10%/year). For 15 expired projects, base value grew from $11 million to $489 million (4,300% increase, 116%/year). Average project lifespan 10–13 years. Commissioners noted the program's value and urged careful use. - Item 44 – Draft Ordinance on Nuisance Vehicles: - Assistant City Attorney Ian McLean and Police Chief David Zibolski presented proposed legislative changes to address racing, exhibition driving, and unreasonably noisy vehicles. State statutory limitations currently cap fines at $50 for exhibition driving and $100 for racing, with no escalation for repeat offenders. Proposed changes include increasing fines, allowing cities to set penalties, and escalating fines for repeat offenses. A draft local ordinance would give a 30-day fix period for illegal exhausts, with potential vehicle impoundment upon second offense through court action. No action was taken; the item was informational. Commissioners expressed frustration at the lack of local authority and vowed to make it a legislative priority. Chief Zibolski noted that a fleeing vehicle owner liability bill is also needed. - Items 36–41 – Alcoholic Beverage Licenses and Ownership Changes: - All items were approved unanimously after public hearings. Details: - Item 36: Class “CW” license for PKPham Inc d/b/a The Nail Company (2911 45th Street South). Approved. - Item 37: Class “F” license for Martini Blu at the Grotto LLC (3233 45th Street South). Approved. - Item 38: Class “F” license for Dami & Company, LLC d/b/a SOHO23 (1450 25th Street South). Upgrade from beer/wine license. Approved. - Item 39: Class “F” license for Guadalajara Mexican Restaurant, LLC (1324 25th Avenue South). New business. Approved. - Item 40: Ownership change for Class “AB” license for Demeske Enterprises d/b/a Tailgators Sports Café (1322 Main Avenue) due to death of one owner. Approved. - Item 41: Ownership change for Class “F” license for Mangos Inc. d/b/a Mangos (2901 Main Avenue). A five-percent partner with background concerns was removed. Approved. Commissioners noted that Mangos recently suffered a fire and discussed potential license hiatus issues; staff will follow up. - Item 42 – Consolidated Annual Performance Evaluation Report (CAPER) for 2023 HUD Action Plan (CDBG and HOME Programs): - Public hearing held; no action required. Planning Director Nicole Crutchfield presented highlights: demolition projects with Community Land Trust, land acquisition with Beyond Shelter, multifamily construction underway with Habitat for Humanity, and COVID-era assistance (over 2,500 individuals for emergency housing). Public comment period ends July 25, 2024. - Items 45–46 – Appointments and Property Tax Exemptions: - Appointments to Arts and Culture Commission, Historic Preservation Commission, Native American Commission, Board of Adjustment, and Renaissance Zone Authority were approved unanimously. - Twelve property tax exemption applications (for improvements to buildings) were approved unanimously for 5-year terms. - Items 22–24 – Fire Station No. 8 Change Orders (moved from Consent): - Fire Chief Dirksen explained three change orders totaling approximately $36,414.95, covering conduit/wiring relocation for AC units, station alerting system changes, electrical and framing modifications, and fireproof sheetrock. He confirmed the project remains under budget (budget $5.775 million, currently at $5.4 million). Approved unanimously. Key Outcomes - Dangerous Building Extension Approved: Commission voted 5-0 to grant a 90-day extension to Jamie Swinson for 1710 1st Avenue South, contingent on receiving an engineering report and ensuring the building is no longer dangerous. - TIF History Presented: Informational; no action. - Nuisance Vehicle Ordinance: Draft presented; no action taken. Staff will continue development and prepare a white paper for the legislative session. - Alcoholic Beverage Licenses: Six license applications/ownership changes approved unanimously (roll call votes, each 5-0). - CAPER Hearing: Held; no motion required. - Appointments and Tax Exemptions: Both approved unanimously. - Fire Station No. 8 Change Orders: Approved unanimously (5-0). - Consent Agenda: Approved with withdrawals and moves (unanimous). - Public Hearings Continued: TIF Renewal continued to August 5, 2024; Fort Noks license continued to September 3, 2024. - Liaison Reports: Commissioner Kolpack highlighted a Solid Waste outreach event and thanked departments for the memorial service for Jake Wellin held July 14, 2024. - Resident Comments: Two speakers addressed the commission; requests for written responses noted (no action taken). - Meeting Adjourned: 6:11 PM.

PUBLIC ENGAGEMENT 17% · PROCEDURAL 14% · HISTORIC PRESERVATION 13% · ALCOHOLIC BEVERAGE LICENSING 13%
64
JUL 8, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Meeting - July 8, 2024

The Fargo City Commission met on Monday, July 8, 2024, starting with an executive session at 4:30 PM for attorney consultation regarding potential opioid litigation with Indivior, Inc. and Mylan N.V. The regular session convened at 5:00 PM. Mayor Mahoney presided with all commissioners present (Denise Kolpack, Dave Piepkorn, John Strand, Michelle Turnberg, Timothy Mahoney). Municipal Judge Steve Dawson administered oaths of office to newly elected Commissioners John Strand and Michelle Turnberg. The consent agenda (items 1-31) was approved unanimously. The meeting adjourned at 6:18 PM. Consent Calendar - Approved 31 items including an Interest Buydown Agreement with Bank of North Dakota for Roosevelt Family Lofts LLC, a letter of support for the APH Stores Project, final adoption of three rezoning ordinances (Selkirk Place, Chas A. Roberts, Rocking Horse Farm), findings of fact for dangerous buildings (1449 4th Ave S and 909 4th St N), acceptance of primary election canvass, 11 games of chance applications, a Class N alcoholic beverage license extension for North Dakota Horse Park, change orders and bid awards for several improvement districts and projects, a lease agreement with NDSU and Fargo Dome Authority, multiple grant awards from ND Department of Health and Human Services and ND Housing Finance Agency, a health services agreement for Cass County Jail, bid awards for sanitation equipment, a mass transit agreement with West Fargo, and bills totaling $8,474,687.20. Public Comments & Testimony - Isabetta Herrera (Fargo resident and teacher) urged the Commission to take a public stand against U.S. funding for Israeli military operations in Gaza, citing civilian deaths and displacement. She criticized the Commission for not using its voice. - Jamie Selzler (resident at 247 Robert Street North) described dangerous conditions at the Roco parking ramp: multiple cars with slashed tires over the weekend, and nonstop drug dealing on the top floors. He requested action to ensure ramp safety and maintain downtown's reputation. - Mark Bosserman (resident near the river) expressed concerns about homeless encampments along the bike path, stating police said their hands were tied. He welcomed the Supreme Court ruling on Grants Pass and urged enforcement to ensure safety and sanitation for all. - Katherine Bosserman (wife of Mark) echoed concerns, stating she runs on the bike path and now carries mace due to feeling unsafe. She noted unsanitary conditions and litter, wanting Fargo to avoid becoming like West Coast cities. - Cori Edgerton commented on the Gaza humanitarian crisis, citing Lancet estimates of high death tolls and criticizing the Commission for inaction. Discussion Items Update on Grants Pass Ruling City Attorney Nancy Morris summarized the U.S. Supreme Court's June 28, 2024 decision (Grants Pass v. Johnson) which held that banning camping on public property is not cruel and unusual punishment under the Eighth Amendment. She stated that municipalities may now enforce laws against camping on public property. Staff will work with the Park District and other stakeholders to develop a draft ordinance or resolution. Commissioner Piepkorn emphasized that the ordinance should apply to everyone (not just homeless individuals) and suggested a $50 fine. He requested coordination with the Park District. Commissioner Strand asked about communication with Moorhead to avoid policy gaps. Staff (Brenda Derrick) noted ongoing monthly meetings with multiple departments and a meeting later that week. The Commission provided direction to bring forward a draft ordinance. Dangerous Building – 1011 University Drive North Sean Rodnik (Inspections) presented the 1918 duplex structure (1011 and 1013 University Drive) with a collapsed garage roof, deteriorated south roof, broken windows, foundation cracks, squirrel infestation, and water damage. The property meets 9 of 10 dangerous building criteria. The contract-for-deed owner, Terry Tegmeyer (licensed contractor), requested more time to demolish the garage and complete repairs, citing weather delays. Public testimony was heard. Commissioner moved to direct the City Attorney's Office to prepare findings of fact and order, and authorize the Inspections Department to solicit removal proposals if the structure is not removed by September 6, 2024. Unanimous approval. Vacation Plats - Leach and Wells Subdivision (Item 35): Vacation of a portion of 5th Avenue North right-of-way adjacent to Block 23, near 421 and 415 4th Street North. Approved unanimously after discussion about traffic access and snow removal responsibilities. - First Industrial Subdivision of Beardsley's Addition (Item 36): Vacation of west 23.5 feet of 22nd Street North right-of-way. Approved with a contingency to add a small utility easement. Unanimous. Cityside Addition (Item 37) Rezoning from MR-3 (Multi-Dwelling Residential) to DMU (Downtown Mixed Use) and plat of Cityside Addition (parcels at 202-212 6th Avenue North and 509-515 3rd Street North). The applicant, Nate Bilmouth, stated the intent is to increase property value for redevelopment. First reading of the rezoning ordinance also approved. Unanimous. CDBG and HOME Program Amendment (Item 38) Public hearing on a proposed amendment to the 2023 HUD Action Plan to identify a specific property (213 and 215 24th Street South) for a Habitat for Humanity twin home. No action taken; public comment period ends July 19, final consideration on July 22. Scooter Rental Business License (Item 39) Kevin Gorder (Engineering) presented the request to license scooter rental businesses. Staff recommended denial due to lack of municipal code, concerns about sidewalk obstruction, liability, drop-off management, and enforcement. Discussion included potential for designated drop zones. Motion to deny and not amend the code at this time. Unanimous approval. FAHR Staff Meeting Items (Item 40) Approved: sales tax update (5.4% increase year-to-date through April), acceptance of Badges of Unity donation ($158,790.07) for National Police Week travel, reclassification of vacant Engineering Technician III position from 0.8 FTE to full-time, and authorization for Health Department to add two Home Health Aide contract positions for the school year (100% billed back to Fargo Public Schools). Unanimous. Commission Liaison Assignments (Item 41) Approved new liaison assignments based on commissioner preferences. Commissioner Piepkorn raised a procedural concern that a change at the Diversion Authority had been implemented before the vote, but it was noted the mayor had communicated with commissioners. Unanimous. Appointment of Deputy Mayor (Item 42) Commissioner Denise Kolpack was appointed Deputy Mayor. Vote: 4-1 (Commissioner Piepkorn dissented). Commissioner Strand encouraged the mayor to actively involve the deputy mayor. Key Outcomes - Consent Agenda approved unanimously (items 1-31). - Grants Pass Ruling: Staff directed to draft an ordinance prohibiting camping on public property, working with Park District and Moorhead. - Dangerous Building: Owner given deadline of September 6, 2024 to remove the garage and repair the building; city authorized to remove if not done. - Vacation Plats approved (two properties). - Cityside Addition rezoning and plat approved. - CDBG/HOME Amendment: Public hearing held; final consideration July 22. - Scooter Rental License denied; no code changes. - FAHR items, liaison assignments, and deputy mayor appointment approved. - Commissioner Reports: Updates on airport expansion groundbreaking, aerial mosquito spraying scheduled for July 10, retirement of Water Treatment Plant's Dave Buckholtz (31 years of service), and recognition of outgoing Engineering liaison role. - Resident Comments: Noted; no immediate action taken.

PUBLIC SAFETY 16% · ENGINEERING AND INFRASTRUCTURE 16% · ZONING 12% · PROCEDURAL 11%
65
JUN 24, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Regular Meeting - June 24, 2024

The Fargo City Commission met on Monday, June 24, 2024, at 5:00 PM in the Commission Chambers. The meeting included consent agenda approvals, numerous public hearings, a flood project update, adoption of a transit reorganization study, a presentation on homeless camps, and recognition of outgoing Commissioner Arlette Preston. Mayor Mahoney presided, with Commissioners Kolpack, Piepkorn, Preston, and Strand present. Consent Calendar - Approved the agenda with additions: Alcoholic Beverage and Live Entertainment license renewals through June 30, 2025, and a Gaming Site Authorization for the ND Horse Park Foundation. - Approved minutes of June 10, 2024. - Approved all 28 consent items and 2 added items unanimously (roll call vote 5-0). Items included: resolution establishing the Commission as Finance Committee, game of chance applications, site authorizations, easements, bid advertisements, change orders, contracts, developer agreements, grant awards, purchase agreements, ordinance amendments, and bills totaling $8,475,557.20. Regular Agenda - Appointments (Item 30): After a split vote (3-2), approved reappointments to the Special Assessment Commission (Dylan Dunn) and Planning Commission (with Commissioners Piepkorn and Strand voting against the Planning Commission appointment due to term-limit concerns for outgoing members John Gunkelman, Rocky Schneider, and Dawn Morgan). - Airport Annual Report & Mill Levy Request (Item 31): Executive Director Shawn Dobberstein reported record boardings of over 516,000 passengers in 2023, surpassing the million-passenger milestone. Two major projects are underway: a terminal expansion (four gates, 80,000 sq ft, $155.9M total related projects) and a parking garage ($45M). The Airport Authority requested continuation of the 2-mill levy to leverage federal funds. Commissioner Piepkorn voiced support for the levy now but stated it should eventually taper to zero once parking garage revenue flows. The report was received. Public Hearings - Items 32-34: Continued to July 8, 2024 (TIF District No. 2024-01 renewal) and July 22, 2024 (two alcohol beverage license applications – The Nail Company and Martini Blu at the Grotto). All continuations approved 5-0. - Dangerous Building – 909 4th Street North (Item 35): City inspectors detailed 68 police calls, drug paraphernalia, unpermitted electrical, and structural issues. The foreclosing bank requested 60-day extension. Motion passed 5-0 to direct the City Attorney to prepare findings of fact and order removal by August 23, 2024, unless an extension is requested. - Dangerous Building – 1449 4th Avenue South (Item 36): Building deemed repairable; water/power off since 2023, unpermitted electrical, junk. Motion passed 5-0 to order repairs with permits by September 23, 2024, and completion by December 20, 2024. - Selkirk Place Second Addition (Item 37): Rezoning from AG/GC to MR-3, SR-4, SR-5 with a Conditional Overlay, and plat of 48 lots. Approved 5-0; first reading of ordinance passed 5-0. - Rocking Horse Farms Seventh Addition (Item 38): Rezoning from AG to LC with Conditional Overlay and plat of two lots. Approved 5-0; first reading passed 5-0. - Chas A. Roberts Addition (Item 39): Repeal of Conditional Overlay on Neighborhood Commercial zone. Approved 5-0; first reading passed 5-0. - Variance Appeal (Item 40): Appeal of Board of Adjustment denial for a pergola/gazebo at 97 23rd Avenue North. Applicant Julie Saytoff cited extreme heat (deck temps over 120°F) and the need to accommodate her terminally ill daughter. Commission overturned the denial, approving the variance 4-0 (Commissioner Kolpack absent during vote? Actually roll call shows all present voting aye – Kolpack, Piepkorn, Preston, Strand, Mahoney all aye. Note: transcript shows Kolpack returned, and roll call was 5-0). Motion required supermajority (4 votes) and passed. Condition: structure must be a 6x12 gazebo. - Flood Project Update – Resolution of Necessity (Item 41): Staff reported 27.5 miles of levees built, 259 properties acquired. Resolution to acquire two properties (1502 and 1514 South River Road) via eminent domain for the Belmont flood risk project was adopted 5-0. - Transit Reorganization Study (Item 42): Consultant Wade Klein presented a plan to designate Fargo as the single recipient of federal transit funds, establish a new MAP board, and implement cost-sharing. A funding gap of $600,000 due to TMA designation was noted. Commissioner Strand urged immediate meetings with congressional delegation. Motion to adopt the study and approve next steps passed 5-0. - FAHR Staff Items (Item 43): Approved 5-0: receive and file YTD May 2024 budget (revenues below budget, expenditures farther below, net $755,000 above budget); increase grant to Southeast Human Service Center from $16,635 to $18,463; authorize EECGB grant application for sustainability. - Homeless Camps Presentation (Item 44): Brenda Derrick and Chandler presented a plan including a draft ordinance not allowing camping on public land except by resolution, a resolution with camping parameters, and a “Fargo Streets to Housed” pilot project to move 10 individuals into permanent housing (estimated to reduce unsheltered river camps by 50%). Commissioner Piepkorn expressed concerns about discrimination, sanitation, and flooding. Commissioner Strand urged scaling up to 20. Commissioner Kolpack supported pursuing all three. Motion to direct staff to draft the ordinance, resolution, and pilot project passed 4-1 (Commissioner Piepkorn dissenting). Key Outcomes - Approved all consent items (including bills of $8.48M) and added license renewals. - Appointed new Special Assessment Commissioner (Dylan Dunn) and reappointed Planning Commission members (split 3-2). - Continued three public hearings to July 8 or July 22, 2024. - Declared two buildings dangerous: one ordered removed by Aug 23, 2024; one ordered repaired by Dec 20, 2024. - Approved three rezoning/plat applications (Selkirk Place, Rocking Horse Farms, Chas A. Roberts) with first readings. - Approved variance for overhead structure at 97 23rd Ave N (4-0? Actually 5-0) for ADA accommodation. - Adopted Resolution of Necessity to acquire two properties for flood protection via eminent domain if needed. - Adopted Transit Reorganization Study and directed next steps for implementation. - Directed staff to draft an ordinance and policy on homeless camping and a pilot housing project. - Recognized outgoing Commissioner Arlette Preston for 16 years of public service. Resident Comments - Prairie Johnson urged the Commission to adopt a ceasefire resolution regarding the Israel-Palestine conflict, citing over 47,000 casualties and calling for a written response. - Andrew Nelson addressed the Commission to support a ceasefire resolution from the Fargo Human Rights Commission, noting the UN finding of intentional attacks on civilians. He compared the lack of action on Gaza to the unanimous vote on Ukraine sanctions.

PUBLIC SAFETY 15% · ZONING 14% · HOMELESSNESS 12% · FLOOD MANAGEMENT 11%
66
JUN 10, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Regular Meeting - June 10, 2024

The Fargo City Commission met on Monday, June 10, 2024, at 5:00 PM in the Commission Chambers. The meeting covered a wide range of items including consent agenda approvals, appointments, tax abatements, public hearings, police deployment to the Republican National Convention, dangerous driving enforcement, speed limit reductions, and encampment management. Commissioners voted on several key items, and resident comments focused on the ban on signs/flags, the conflict in Gaza, and public safety concerns. Consent Calendar - Approved the order of the agenda with a correction: Item 11f changed from "Horse Race North Dakota at Edgewood Tavern" to "North Dakota Horse Park Foundation at Edgewood Tavern." - Approved the minutes of the May 28, 2024 regular meeting. - Approved Consent Agenda items 1 through 39, which included: - Letter of Support for the YWCA childcare project to the ND Opportunity Fund Consortium. - Receipt and filing of summons and complaints. - Final adoption of several ordinances (Land Development Code use regulations, alcoholic beverage amendments, public and sanitary nuisance amendments). - Site authorizations and applications for games of chance. - Agreement amendments, bid awards, contracts, bonds, improvement district actions, and other routine items. - Bills in the amount of $9,769,563.04. Public Comments & Testimony - Sumaya Abukar spoke against the new rule banning signs and posters, arguing it silences advocacy for Palestinian rights. She urged the commission to call for a ceasefire. - Heidi Soliman thanked commissioners for their service but expressed concern that the sign ban appears Islamophobic and racist. She read a letter from a friend in Gaza describing the destruction and loss of family. She also criticized the decision to send police officers to the Republican National Convention, noting the suspension of body cameras in Milwaukee. - Allison Slavik (via conference call) criticized the commission for not condemning the genocide in Gaza and for banning signs. She demanded a written response from the mayor and commissioners regarding their actions. - Olivia Fischer (via conference call) echoed similar sentiments, calling the commission complicit in genocide and pledging continued activism until Palestine is free. Discussion Items - Appointment of Jennifer Faul as Director of Fargo Cass Public Health: Brenda Daring presented the recommendation following a national search. Faul has over 15 years of healthcare experience. The commission unanimously approved the appointment. - Tax Abatement for 1019 4th Avenue South: The city assessor explained that the property had been gutted and values were reduced for 2022 and 2023 to $99,500 each year. The commission unanimously approved the abatement. - Public Hearing – TIF District Continuation: The hearing for a renewal plan and developer agreement with JS2L Partners was continued to June 24, 2024. - Public Hearing – Property Tax Exemption for Precision Dental Laboratories: The company plans to expand from 9,000 to 15,000 square feet, adding jobs (average wage over $31/hour). The commission approved the five-year exemption unanimously. - Public Hearing – CDBG/HOME Action Plan: Planning Director Nicole Crutchfield explained the 2024 action plan, including allocations for YWCA shelter, Beyond Shelter housing, High Plains Fair Housing Center, and administration. The commission approved the plan and amendments. - FAHR Staff Items: The commission approved routine items including sales tax update, budget adjustment for a truck, highway deicing salt contract extension, FEMA grant acceptance for December 2023 ice storm, and a workforce development agreement with University of Mary. - Construction Update: City Engineer Tom Knakmuhs reported on ongoing projects, safety incidents (none), and traffic impacts. He noted that contractors are affected by recent rains. - Request for Police Personnel Assistance to Wisconsin: Police Chief David Zibolski requested approval to send 15 crowd management officers to Milwaukee for the Republican National Convention (July 13-19, 2024). Costs are reimbursed. Commissioner Kolpack expressed concern about staffing during the busy summer and recent traffic enforcement issues. Commissioner Strand supported the request as mutual aid. The commission approved the request 4-1, with Kolpack voting no. - Presentation on Dangerous Driving and Loud Muffler Issues: Chief Zibolski and Assistant City Attorney Ian McLean presented enforcement options, including increasing fines, legislative changes to allow higher penalties, a fleeing vehicle owner liability bill, nuisance vehicle seizure, and photo radar. They emphasized the need for deterrence. Commissioner Preston urged immediate local action. The commission directed the chief and city attorney to return with specific recommendations for local ordinance changes at the next meeting. - Speed Limit Reduction on 52nd Avenue South: The commission approved reducing the speed limit from 45 mph to 40 mph on 52nd Avenue South from I-29 to the Sheyenne River, effective June 18, 2024. The vote was 4-1, with Commissioner Piepkorn voting no. - Encampment Management Policy Directive: Commissioner Kolpack moved to direct the Assistant City Administrator to report back in two weeks with policy and ordinance recommendations to manage encampments on public property, aligned with a Housing First philosophy. Commissioner Piepkorn raised concerns about equal application of camping rules. The motion passed unanimously (5-0). - Liaison Commissioner Assignment Updates: Commissioners reported on their board and committee assignments. Commissioner Preston mentioned a new basketball league; Commissioner Strand highlighted the fire department's successful marathon; Commissioner Kolpack provided updates on vector control and water quality. Key Outcomes - Votes: - Appointment of Jennifer Faul: Approved unanimously (5-0). - Tax abatement for 1019 4th Ave S: Approved unanimously (5-0). - Property tax exemption for Precision Dental: Approved unanimously (5-0). - CDBG/HOME Action Plan: Approved unanimously (5-0). - FAHR staff items: Approved unanimously (5-0). - Police personnel assistance to Wisconsin: Approved 4-1 (Kolpack opposed). - Speed limit reduction on 52nd Ave S: Approved 4-1 (Piepkorn opposed). - Encampment management directive: Approved unanimously (5-0). - Next Steps: - Police Chief and Assistant City Attorney to return at the next commission meeting with specific recommendations for local ordinance changes to address dangerous driving and loud mufflers. - Assistant City Administrator to report back in two weeks with a summary of policy and ordinance recommendations for managing encampments on public property, aligned with Housing First philosophy. - The public hearing for the TIF district renewal plan was continued to June 24, 2024. - The commission will engage with state legislators on legislative changes for traffic enforcement. The meeting adjourned at 6:38 PM.

PUBLIC SAFETY 27% · TRANSPORTATION SAFETY 14% · PROCEDURAL 10% · ECONOMIC DEVELOPMENT 10%
67
MAY 28, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Meeting - May 28, 2024

The Fargo City Commission met on May 28, 2024, to address a range of items including routine approvals, public hearings on alcohol licenses, a housing property transfer, a noise ordinance amendment, and a contentious governance policy on signs in the city commission chambers. The meeting also featured public comments on homelessness, special assessments, and the Gaza conflict. Consent Calendar - Approved the agenda and minutes of the May 13, 2024 regular meeting. - Approved consent agenda items 1 through 39 via roll call (unanimous). - Approved the mayor's recommendations for the Board of Appeals (unanimous roll call). Public Hearings - Item 41 – FA Alcohol License for KHP Fargo (Korean barbecue & hot pot): The liquor control board recommended approval. No public speakers. The commission approved the license (roll call 5-0). - Item 42 – Class C V Alcohol License for a pawn banal company: Staff requested a continuance to June 24, 2024, as the applicant had not responded. The commission granted the continuance (roll call 5-0). Discussion Items - Item 43 – Improvement District BM23G1 (23rd Avenue & 53rd Street): Tom Knock reported that the project received one protest (45.1% of the district), which was declared insufficient on May 13. The low bid from Dirt Dynamics was $3.2 million, $150,000 under estimate. The commission awarded the contract (unanimous roll call). - Item 44 – Transfer of 69 Fourth Street North to Fargo Housing Authority: Nicole Crutchfield and Chris Burngart explained the property (22 single-room occupancy units) will be rehabilitated using a RAD conversion, providing deeply subsidized housing for extremely low-income residents. The building has been vacant about five years. Commissioner Strand praised the partnership. The commission approved the transfer (unanimous roll call). - Item 45 – Ordinance amending Section 11-0209 (amplified sound permits): Nancy Morris presented a change to allow four amplified sound permits in a 30-day period (instead of one), with at least five days between permits, only within 500 feet of residential zoning. The change was separated from broader noise ordinance discussions. Commissioner Strand supported the move, noting community support for local musicians. The commission approved the first reading (unanimous roll call). - Governance Policy – Sign Restrictions in City Commission Chambers: The mayor introduced a resolution to prohibit signs, posters, and other displays in the chamber, citing safety and decorum. Commissioner Strand moved to delay the item for two weeks to allow public awareness, but the motion failed (2-3: Preston and Strand in favor; Colpack, Pepcorn, Mahoney opposed). After debate, the main motion to adopt the resolution passed (roll call 4-1, with Strand voting no). Commissioner Preston expressed confusion about the process, and Strand argued the policy stifles speech. Public Comments & Testimony - Melissa LeBay: Asked why the city allows homeless encampments on city-owned land in the floodway near the Red River, citing safety and fairness concerns. Requested a written response. - Paige Klug: Expressed concern about proliferation of homeless encampments and lack of enforcement of park ordinances. Requested information on the city's policy and standards for encampments. - Corey Edgerton: Called for a ceasefire resolution in Gaza, describing the humanitarian crisis and urging the commission to take a stand. - Heidi Solomon: Shared personal testimony from a friend in Gaza and pleaded with commissioners to reconsider a ceasefire resolution. - Brad Schaeffer: Criticized the city's use of special assessments for developer projects, arguing that Fargo should not act as a bank for developers. Suggested a different model used in other cities. - Caden Fletch: Described the trauma of displacement in Rafah and urged the commission to support a ceasefire, condemning recent airstrikes on tent camps. - Sabaya Abakar (through a letter read by another speaker): Described personal experiences of discrimination at checkpoints in Palestine and called for peace. - Mohammed Sonallah: Urged the commission to reconsider its stance on a ceasefire resolution, emphasizing the daily death toll of children. - Prairie Johnson (virtual): Criticized the commission for stifling free speech and for complicity in genocide through U.S. tax dollars, demanding a ceasefire. Key Outcomes - Contract awarded to Dirt Dynamics for improvement district BM23G1 (unanimous). - Property transferred to Fargo Housing Authority for affordable housing rehabilitation (unanimous). - Ordinance amended to allow four amplified sound permits per 30 days (unanimous, first reading). - Governance resolution adopted banning signs in the city commission chambers (passed 4-1, with Commissioner Strand dissenting). - Continuance granted for an alcohol license application to June 24, 2024. - Public comments on homelessness, special assessments, and Gaza conflict were received but no immediate action was taken. Liaison Reports - Commissioner Kolbeck reported on the upcoming Zencity community engagement survey, launching in June 2024, to benchmark resident sentiment against peer cities. - Commissioner Preston noted that the Fargo Growth Plan is available for public review at fargogrowthplan.org.

INTERNATIONAL AFFAIRS 25% · PROCEDURAL 17% · PUBLIC ENGAGEMENT 14% · ALCOHOLIC BEVERAGE LICENSING 13%
68
MAY 13, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Regular Meeting - May 13, 2024

The Fargo City Commission met on Monday, May 13, 2024, at 5:00 PM in Commission Chambers. The meeting was called to order by Mayor Mahoney, with all commissioners present (Kolpack, Piepkorn, Preston, Strand, Mahoney). The meeting lasted until 6:16 PM. Key actions included approvals of consent and regular agenda items, public hearings on federal transit grants and MATBUS route changes, and a declaration of insufficient protest for an improvement district. Two residents spoke during public comments, calling for a ceasefire resolution in Gaza. Consent Calendar - Approved 36 items en bloc, including grant agreements, ordinance readings, bid awards, budget adjustments, and service agreements, after moving Item 24 (FAHR staff meeting items) to the regular agenda. - Notable approvals: Purchase agreement with the Union of Sisters of the Presentation for property at 3000 11th Street South; bid awards totaling over $15 million for various improvement districts; and budget adjustments of $200,000 for landfill containers, $60,000 for fiber at Fire Station 8, and $159,300 for a portable basketball floor at the FARGODOME. Public Comments & Testimony - KJ Atkinson (in person) and Prairie Johnson (via conference call) addressed the commission, urging the city to pass a ceasefire resolution for Gaza. Atkinson described the suffering of mothers and children in Gaza, referencing over 17,000 orphaned children and the use of C-sections without anesthesia. Johnson cited a Euromed report estimating 43,640 deaths, including nearly 16,000 children, and criticized the city for not taking action similar to its support for Ukraine. Both speakers requested the commission to speak out against the violence. Discussion Items - First Amendment to Developer Agreement with Grove Enclave, LLC (Item 37): Staff presented a one-year extension (through end of 2025) for the developer to complete pad sites and meet TIF obligations. The developer had already built 30,000 sq ft of commercial space and a car wash, but two pad sites (including a Burger King parcel) were not yet started. Commissioner Preston clarified that the city would not issue the TIF note until project completion, and property taxes collected in the interim would be returned to the county. The extension was approved unanimously. - Appointment to Economic Development Incentives Committee (Item 41): Matthew Schlenvogt was appointed to the committee without opposition. - Property Tax Exemptions for Building Improvements (Item 42): Four applications for 5-year exemptions were approved unanimously: Dream Homes LLC (312 10th Ave N), David and Pamela Olson (1233 9th St N), Rommesmo Family LLP (4438 Carrie Rose Ln S), and Matthew and Katie Chaussee (2314 18th Ave S). - Protest Insufficiency for Improvement District BN-23-G (Item 40): City Engineer Tom Knakmuhs presented the project for new roads (23rd Ave N and 53rd St N) in the Veterans Industrial Park. One protest from Mid-America Steel (45.1% of assessed land area) fell short of the 50% threshold required to bar the improvements. Attorney Mark Hansen, representing Mid-America Steel, argued that the developer’s agreement should shield his client from the estimated $630,000 assessment, calling the improvement district “void.” City Attorney Nancy Morris countered that the process was standard and that Mid-America could challenge the benefit at a future special assessment hearing. The commission voted unanimously to declare the protest insufficient, with Commissioner Preston noting the road would eventually serve Mid-America’s lot. The project will proceed to bid opening on May 22, 2024. - Public Hearing – Section 5307 Federal Transit Grant (Item 38): Julie Bummelman reported that the city’s 2024 allocation of $2.965 million for transit capital and operations was a 26% decrease from the prior year due to population-based formula changes. The commission approved the Program of Projects for submission and execution. - Public Hearing – Permanent MATBUS Route and Service Changes (Item 39): Transit Planner Cole Swingen presented changes to address post-COVID ridership decline (from 1.8 million rides in 2019 to 1.2 million in 2023) and driver shortages. Proposed changes: reduce weekday service hours (6:15 AM–10:15 PM, originally 6:15 AM–11:15 PM), extend Saturday hours to 10:15 PM based on public feedback, reduce Route 13 to 60-minute service on Saturdays, reduce Route 15 to 30-minute service in mornings, eliminate Route 32W (NDSU route not renewed), adjust Route 33 to 10-minute all-day service, and eliminate Route 36 (replaced by additional vehicle on Route 13). Estimated annual savings: $306,000 ($97,000 from hours, $209,000 from route changes). Commissioner Kolpack noted the savings will help increase driver wages for recruitment and retention. The changes were approved unanimously. - FAHR Staff Meeting Items (Item 24, moved from Consent): Susan Jacobson presented a summary of the Finance, Administration, and HR (FAHR) committee’s bi-weekly meetings, including a sales tax update. The February sales tax collection appeared low due to a timing “flop” (deadline extended to April 1), but March collections are expected to be $6.98 million, averaging out. Other items: budget adjustments for landfill containers, fiber installation, basketball floor, and promotion of three firefighters to captains. Commissioner Kolpack praised the increased transparency of the FAHR process compared to the prior finance committee. The items were approved unanimously. Key Outcomes - All votes were unanimous (5-0) on all agenda items requiring a vote. - Grove Enclave received a one-year extension on its developer agreement, with TIF note issuance delayed until project completion. - Improvement District BN-23-G will proceed; Mid-America Steel may contest assessments at the special assessment hearing in fall 2025 or request a deferral. - Transit grant was approved for submission; the city will seek additional capital grants to offset the 26% federal funding reduction. - MATBUS route changes will take effect after approval; the commission noted the need to address safety concerns for drivers and riders. - Future meetings: The next regular meeting is scheduled for May 28, 2024, at 5:00 PM. The commission will also discuss formalizing the FAHR committee at the second quarter finance committee meeting on May 28, 2024.

ENGINEERING AND INFRASTRUCTURE 29% · PUBLIC ENGAGEMENT 18% · PUBLIC TRANSIT 14% · PUBLIC WORKS 9%
69
MAY 7, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo Planning Commission Meeting – May 7, 2024: Rocking Horse Farm Subdivision Approved

Fargo Planning Commission Meeting - May 7, 2024\n\nThe Fargo Planning Commission met on May 7, 2024, at 9:00 AM. The meeting featured a consent calendar, a public hearing on a minor subdivision and zone change, and updates on the growth plan and land development code. The commission unanimously approved the Rocking Horse Farm seventh edition subdivision and zone change.\n\n Consent Calendar\n- Agenda approved.\n- Minutes from the April 2, 2024, meeting approved.\n\n Public Comments & Testimony\n- No oral public comments were made during the hearing for Rocking Horse Farm seventh edition. Staff reported receiving one inquiry regarding the subject property, which expressed no concern.\n\n Discussion Items\n- Rocking Horse Farm Seventh Edition (Minor Subdivision and Zone Change): Applicant representative Mike Love of Houston Engineering, acting for Ken Promisberger and Jan Promisberger, presented a request to replat the southeast quarter of Section 32, Township 139 North, Range 49 West into two new lots from one larger lot. The property is located at 5151 59th Street South. The zone change proposed was from agricultural to limited commercial with a conditional overlay (CO), which is standard for arterial roadways. Both lots will access 51st Avenue South. Commissioner Morgan asked about the intended use, specifically regarding high-density residential language in the growth plan. Staff explained that the growth plan layer shows low-to-medium residential, but adjacent commercial uses (including a daycare to the west) justify the commercial zoning. The applicant stated that an interested party exists for lot one, with intent for a commercial building housing multiple tenants, though no deal is closed. No other questions or opposition arose.\n- Growth Plan Update: Staff noted that a draft of the latest growth plan, incorporating research on finance, engineering, and infrastructure, has been received. This draft will be sent to commissioners within the next two weeks, followed by distribution to the advisory committee and stakeholders. A public comment period will then open. Staff plans to schedule a brown bag or formal presentation to discuss the plan. The entire public comment process is expected to take approximately six weeks.\n- Land Development Code (LDC) Update: Staff reported that a draft Request for Proposals (RFP) for the LDC update is anticipated in late August or early September 2024. Commissioner Shuey asked about the RFP timeline. Staff stated the RFP would be open for about six weeks, with the interview and selection process taking eight to twelve weeks, aiming for a project start by the end of 2024 or early 2025. Commissioner Shuey inquired whether the lengthy process influences development in the southern area; staff replied that most developers in that area already hold options or ownership and are aware of flood management constraints (diversion) and growth plan expectations.\n\n Key Outcomes\n- Approval: Rocking Horse Farm seventh edition minor subdivision and zone change from agricultural to limited commercial with a conditional overlay was approved unanimously (9-0) as per the staff recommendation.\n- Upcoming Milestones: Growth plan draft to be distributed within two weeks; public comment period to follow. LDC RFP draft to be presented in late summer 2024, with work starting by end of 2024 or early 2025.

PROCEDURAL 39% · ZONING 32% · GROWTH MANAGEMENT 29%
70
APR 29, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Regular Meeting - April 29, 2024

The Fargo City Commission held its regular meeting on April 29, 2024, at 5:00 PM in the Commission Chambers. The meeting included approval of a consent agenda, public comment on the Israel-Gaza conflict, several public hearings, and updates on affordable housing, downtown parking, and winter shelter initiatives. Key decisions included approval of a liquor license, zoning change, tax exemption for senior housing, TIF funding for Lashkowitz, and adoption of new governance policies. Consent Calendar - Approved the order of agenda, moving item 5 (background checks for liquor license owners/managers) to the regular agenda. - Approved minutes of the April 15, 2024 regular meeting. - Approved the consent agenda (items 1-4, 6-32) with a roll call vote: Strand (yes), Colpack (aye), Pepcorn (aye), Preston (aye), Mahoney (yes). Public Comments & Testimony - Prairie Johnson (virtual) urged the commission to call for a ceasefire in Gaza, stating that U.S. tax dollars should not fund war crimes. She referenced mass graves and executions, and asked the commission to work with the Human Rights Commission, which had passed ceasefire resolutions. - Cody Schuler (ACLU of North Dakota) supported the proposed public comment policy, emphasizing it would expand citizen participation and First Amendment rights. - NERS Abu Thailands criticized the commission for not passing a ceasefire resolution, calling their silence complicity. - Sade Aweis stated that the commission's actions are divisive and that protesters will not stop until the violence ends. - Andrew Nelson (Fargo resident) cited statistics: over 34,000 Palestinians killed, including 13,000 children, and 60% of buildings damaged. He argued that U.S. tax dollars are funding the conflict and urged the commission to support a ceasefire. - Sina (virtual) spoke about the power imbalance and called for a ceasefire without watering it down. - Allison Slavic detailed the killing of aid workers and children, stating that since the April 1 meeting, over 1,000 Palestinians had been killed. She noted that between 5:00 PM and the end of the meeting, an average of 12 children died in Gaza. Public Hearings - Item 34: Class C Alcoholic Beverage License for AKC Hoff Co. (Good Times on NP) – Located at 623 NP Avenue, the license allows beer-only sales and a physical bar. The business concept is a mocktails and comedy club. The Police Department recommended approval. No public opposition. Approved unanimously. - Item 35: Erskine’s Addition Zoning Change – Rezoning from MR-2 and SR-3 to P/I (Public and Institutional) for a church at 1002 and 1008 10th Street South. The Planning Commission recommended approval. No public opposition. Approved unanimously. - Item 36: Payment in Lieu of Tax Exemption (PILOT) for NEX Senior, LLC – A 40-unit affordable senior housing project at 1728 42nd Street South (vacant since 1970s). The 17-year zero property tax exemption (except on land) was recommended by the Economic Development Incentives Committee (4-1 vote). Concerns were raised about higher soft costs due to federal regulations (Davis-Bacon, legal costs for syndication). The developer, Tyler Shannon (Commonwealth Development), confirmed the project uses 9% Low-Income Housing Tax Credits. Commissioner Strand asked about ownership changes; the affordable requirement remains for 30 years. Approved unanimously. Discussion Items - Item 37: TIF Funds for Lashkowitz Housing Project – Jim Gilmour proposed providing $536,000 in TIF funds for architectural improvements and washers/dryers in each unit. An additional $8,900 in TIF funds was received. Commissioner Preston requested a long-term plan for the TIF district. Construction is expected to start June 2, 2024, with closing on June 1. Approved unanimously. - Item 38: NP Parking Garage Project Update – Susan presented financing plans: $16 million in appropriation bonds (interest-only for a few years) and an interfund loan using excess cash from a debt service fund. A revised interfund loan policy and an enabling ordinance were received and filed for first reading, with final approval expected in four weeks. Commissioner Preston requested a parking study and financial proforma, scheduled for May 17. The commission approved the motions to receive and file both items. Approved unanimously. - Item 39: Update on Overnight Winter Weather Initiative at Engagement Center – Brenda Derrick reported that the initiative (funded by ARPA and a FEP grant) will close April 30. From November 15, 2023 to April 25, 2024, there were 8,096 encounters, 698 unique individuals, 233 new to City services, and 86 successful diversions to shelters, hotels, family, or friends. Average length of stay was 8 nights. Only $50,000 of the $152,000 ARPA allocation was spent. A full report and next steps (including a neighborhood outreach team) are planned. No vote required. - Item 40: Governance Policies Resolution – The commission adopted a resolution codifying governance policies (code of conduct, agenda rules, public comment changes) developed over 10 months. Public comment will move to the end of meetings, and agenda comment will be before agenda items. Implementation will be phased by July 1, 2024. Commissioner Preston asked about parliamentarian training and effectiveness reviews. Approved unanimously. - Item 40a: Review of Boards, Commissions, and Committees – Staff presented options: internal review, commissioner feedback, or a facilitated meeting. Mayor suggested a July timeline for commission discussion. Commissioner Strand recommended including existing board members. No action taken; staff will prepare a report for July. - Item 5 (from consent): Background Checks for Liquor License Owners/Managers – Steve Sprague explained the ordinance change to require annual background checks for all owners and general managers at renewal, but only for incidents after June 30, 2024 (grandfathering). The Police Department will evaluate suitability based on existing criteria. If a manager is deemed unsuitable, the liquor control board may deny the license, with appeal to the commission. Commissioner Strand expressed concern about not differentiating felonies; Chief clarified that each case is evaluated individually. Approved unanimously. Key Outcomes - Approved (all unanimous): - Class C liquor license for Good Times on NP (item 34). - Erskine’s Addition zoning change (item 35). - PILOT for NEX Senior affordable senior housing (item 36). - TIF funding for Lashkowitz Housing Project (item 37). - Received and filed NP Parking Garage financing documents and revised interfund loan policy (item 38). - Governance policies resolution (item 40). - Background check ordinance for liquor license owners/managers (item 5). - Library Board appointments (item 41). - No action on boards/commissions review (item 40a); staff to report back in July. - No vote on winter weather initiative update (item 39); report noted. - Next meeting scheduled for May 13, 2024 (first meeting under new governance policies).

ALCOHOLIC BEVERAGE LICENSING 18% · HUMAN RIGHTS COMMISSION 13% · PROCEDURAL 11% · AFFORDABLE HOUSING 9%
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