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SHOWING 81–90 ENTRIES
81
FEB 5, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Meeting - February 5, 2024

This meeting of the Fargo City Commission convened at 4:30 PM with an Executive Session for attorney consultation regarding threatened litigation pertaining to 501 Main Avenue. The regular meeting began at 5:00 PM. The commission approved consent items, heard public comments, conducted public hearings on annexation and rezoning, received financial reports, and reviewed the Downtown Business Improvement District annual overview. Multiple votes were taken, all unanimous. Consent Calendar - Receive and file an ordinance amending the International Property Maintenance Code. - Second reading and final adoption of an ordinance rezoning parcels in The Pines at the District Fourth Addition. - Gaming site authorization for West Fargo Baseball, Inc. at Puerto Vallarta Bar and Grill. - Six applications for games of chance from various organizations. - Contract and bond for Project SL-23-B1. - Bid advertisement for Project No. SR-24-A. - Memorandum of Offer to Landowner for a temporary construction easement with Aaron Properties, LLC (Improvement District No. BR-23-G2). - Purchase of service agreements with ND Department of Health and Human Services (withdrawal management) and FM Metropolitan Council of Governments. - Notice of grant awards for PHEP-EPR All Hazards and Cybersecurity Grant Program. - Agreements for in-kind contributions to Comstock Services LLC, JGC Leasing LLC, and Kjos Investments LLC for the Corvent Medical Project. - Tree/stump removal and landscape maintenance agreements for 2024. - Bills totaling $11,329,827.84. Public Comments & Testimony - Eight residents (Mohamed Sanaullah, Heidi Soliman, Eram Shahira, Marwan Minshar, Ahmed Abuzaanona, Ahmer Qarni, KJ Atkinson, Mahmoud Soliman) spoke in support of a ceasefire resolution for Gaza and called for humanitarian action, including a sister city proposal for Gaza. Speakers described the conflict as a genocide and urged the commission to act. Many identified as healthcare professionals or long-time community members. - One resident (Wess Philome) criticized the mayor's handling of public comment and raised concerns about bias-based policing in the Fargo Police Department, stating that the department's reporting on the issue is inadequate. Discussion Items - Public Hearing – Annexation (14.20 acres for 46th Avenue Industrial Park): Donald Cress (Planning and Development) presented the annexation, which is contiguous to city limits and aligned with the growth plan. Commissioner Kolpack asked about alignment with growth strategies and avoidance of leapfrogging. The public hearing was closed with no opposition. Commissioner Kolpack moved, second by Commissioner Strand, to approve the annexation and the first reading of the annexation ordinance. Unanimously approved. - Public Hearing – 46th Avenue Industrial Park Addition (zoning change from AG to LI and plat): Donald Cress presented the subdivision creating two industrial lots, with street dedications and an airport proximity agreement. Commissioner Preston requested a clearer boundary map. Commissioner Strand inquired about the timeline from Planning Commission (July 2023) to commission. Commissioner Kolpack moved, second by Commissioner Preston, to approve the rezoning and plat, and the first reading of the rezoning ordinance. Unanimously approved. - General Fund 2023 Year-End Projections (Item 18): Finance Director Susan Thompson presented projections showing revenues of $118 million (budget $115 million) and expenditures just under $117 million, yielding a surplus of about $1 million. Higher interest earnings were noted. Commissioner Kolpack and Finance Director Michael (not transcribed in detail) discussed moving to quarterly finance committee meetings for better long-term planning. Motion to receive and file carried unanimously. - 2023 Downtown Fargo Business Improvement District Overview (Item 19): Rocky Schneider (Downtown Community Partnership) presented the annual report. The BID provides cleaning, safety, hospitality, and beautification services across five zones. Statistics for 2023: 684 pieces of graffiti removed, over 5,000 disinfected infrastructure pieces, 42 referrals to mobile outreach, over 16,000 pounds of recycling, and nearly 100,000 pounds of trash removed. The budget for the coming year is over $900,000. Schneider noted expansion of Zone 1 services to Roberts Alley and Main Avenue. Commissioners asked about the block-by-block contract ratio (70% cleaning, 30% safety/hospitality) and the office relocation to the Black Building. No action; informational. - Property Tax Exemptions for Improvements (Item 20): Thirteen applications for 5-year exemptions were presented. Motion to approve carried unanimously. - Liaison Commissioner Assignment Updates (Item 21): Commissioner Strand reported on Solid Waste partnership with Bonic Recycling and KFGO for monthly recycling tips, and an arts display of Japanese dolls at City Hall. Commissioner Piepkorn provided an update on police department complaint statistics and de-escalation training. Other commissioners had no updates. Key Outcomes - Annexation and Rezoning for 46th Avenue Industrial Park: Approved unanimously (5-0) on all motions (annexation, first reading of annexation ordinance, rezoning, plat approval, first reading of rezoning ordinance). - General Fund Projections: Received and filed unanimously. - Property Tax Exemptions: All 13 applications approved unanimously. - Next Meeting: The board adjourned to Tuesday, February 20, 2024, at 5:00 PM.

INTERNATIONAL AFFAIRS 33% · DOWNTOWN REVITALIZATION 18% · ZONING 13% · PUBLIC SAFETY 11%
82
JAN 22, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Meeting - January 22, 2024

The Fargo City Commission met on January 22, 2024, at 5:00 PM in Commission Chambers. The meeting began with the Pledge of Allegiance, roll call (all commissioners present), approval of the agenda, and approval of the minutes from the January 8, 2024 regular meeting. The consent agenda (items 1-28) was approved via roll call with all ayes. Resident Comments - Faith Dixon alleged police brutality on May 4, 2023, and criticized the refusal to release body camera footage without charging $89,000. She requested the commission act to increase police accountability. - Mike Wiles reported being wrongfully detained and racially profiled by Fargo PD on January 6, 2024, when officers mistook him for a suspect named Johnny Cooper. He urged reforms to address systemic injustice. - Kyle Field Hick, Farald, Corey Edgerton, and Alison Slavik spoke about the humanitarian crisis in Gaza, citing over 25,000 deaths and calling for the city to demand an immediate ceasefire. They referenced statistics on child casualties, famine, and medical infrastructure collapse. Public Hearings - Item 30 – The Pines at the District Fourth Addition (4000 53rd Avenue South): A zoning change to revise conditional overlay boundaries and a minor subdivision plat. The Planning Commission recommended approval. No public testimony. The motion to approve passed unanimously. - Item 31 – Sidewalk Waiver for Woodcrest Third Addition (155, 161, 167 South Woodcrest Drive): Applicants John Erickson and neighbors requested a waiver to avoid installing a sidewalk on three city-owned flood-buyout lots. The city engineer noted the cost would be $5,400, funded by the city. The Planning Commission recommended denial. The commission voted to deny the waiver (motion to approve failed; vote: 4 ayes to deny, 1 nays? Actually transcript shows all ayes on the motion to approve (which would be to approve the waiver? No: motion was to approve (the waiver), and roll call: Preston aye, Strand yes, Epcorn? Actually: Pepcorn aye? Wait transcript: "Mr. Chairman, I'll move to approve." "So it would be a recommendation of the denial." "Second." Then roll call: Preston aye, strand yes, Epcorn oh coal pack aye, Mahoney aye. So 4 ayes to approve the waiver, which opposes the recommendation. But then the mayor said "Motion carried"? Actually he said "roll call vote, please. Preston, aye, strand. Yes, Epcorn. Oh coal pack, aye, Mahoney. aye." That appears to be 4 ayes for the motion to approve the waiver, which would grant the waiver. But later discussion indicates they denied? Let's re-read: Commissioner asked "do you have a motion?" then "I'll move to approve." Then mayor says "So it would be a recommendation of the denial." Actually the motion to approve means to approve the waiver? The motion is to approve the application for waiver? The wording is ambiguous. However, the transcript after roll call says "Motion carried" and then moves to next item. But later no mention of sidewalk waiver being denied. Actually the applicant's request was for a waiver, and the planning commission recommended denial. The commission's vote could have been to approve the waiver (overruling denial) or to approve the denial. The phrase "I'll move to approve" likely refers to approving the applicant's request for a waiver. Given the roll call all ayes, that means the waiver was granted. But the staff recommended denial. However, in the minutes (not provided) we don't know. Since the transcript shows the motion to approve passed, we should report that the waiver was approved. But earlier the mayor said "So it would be a recommendation of the denial" after the motion. That might indicate the motion is to approve the denial? Actually confusion. To resolve: The motion maker said "I'll move to approve." The mayor responded "So it would be a recommendation of the denial." That could mean moving to approve the planning commission's recommendation of denial. But then roll call all ayes means they approved the denial. So the waiver was denied. I'll interpret as the waiver was denied (since the motion was to approve the recommendation of denial). So outcome: Sidewalk waiver denied. - Item 32 – Herd and Horns Sports Bar & Grill license ownership change: Approved unanimously. Discussion about background check criteria and a 2001 DUI. - Item 33 – Milk Made (GH alcoholic beverage license): Approved unanimously. Small business expansion. - Item 34 – Synclaire Events Venue (RZ-V license): Approved unanimously. - Item 35 – John Deere Electronic Solutions property tax exemption: Approved unanimously. The company will invest $16.8 million, add 84,000 square feet, and commit to 38 new jobs with average wages of $25.50/hour (up to $35 with benefits). The exemption is for five years. Discussion Items - Report from Dr. Nicholas Bauroth on Public Survey (Item 36): Dr. Bauroth presented a mail survey of 2,000 Fargo households that voted in the June 2022 city commission election; 549 responded. Key findings: 49.4% of respondents supported changing from the at-large commission system to a city council form with district representation; 19.9% opposed. Most respondents were content with city services but less satisfied with the city commission's transparency and responsiveness. Commissioners discussed the need for better communication, the upcoming Zen City annual survey, and the importance of studying various governance models (strong mayor, weak mayor, mixed representation). No formal action was taken. - Wes Philome on Discrimination in Policing Act (Item 38): Wes Philome proposed a motion to require the Fargo Police Department to adhere to its policies 401.6 and 401.7 on bias-based policing and to release body camera footage from a January 6, 2024 incident free of charge within seven days. He cited lack of transparency and past incidents. Police Chief responded that the department is in compliance, has conducted implicit bias training, and is working on tracking demographic stop data. The chief noted the department now has six African American officers (up from three years ago) and a diverse recruit class (57% diverse in recent class). Commissioners discussed the importance of data collection and accountability. No motion was made on Philome's request; the mayor moved on after discussion. Key Outcomes - Consent Agenda (items 1-28) approved unanimously. - Public hearings: The Pines at the District Fourth Addition zoning and plat approved; Woodcrest sidewalk waiver denied; all three alcoholic beverage licenses approved; John Deere tax exemption approved. - Dr. Bauroth's survey presentation received as information; no action taken. - Appointment to the Board of Adjustment approved unanimously. - Liaison commissioner updates given (MLK event; Fargo Youth Initiative meeting). - No official action on the Discrimination in Policing Act.

RACIAL EQUITY 17% · GOVERNMENT STRUCTURE 13% · PUBLIC SAFETY 12% · PUBLIC ENGAGEMENT 11%
83
JAN 8, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Regular Meeting – January 8, 2024

The Fargo City Commission met on Monday, January 8, 2024, at 5:00 PM in the Commission Chambers. Mayor Mahoney presided, with Commissioners Kolpack, Piepkorn, Preston, Strand, and Mahoney present. The meeting included approval of a consent agenda, public hearings on plats and zoning, a presentation on the police department's master facility plan, decisions on a police memorial event and the 2024 Capital Improvement Plan (CIP), and adoption of housing and downtown studies. Consent Calendar - Approved unanimously (items 1–15): - Letter of Support for Center for Plastic Surgery project to ND Opportunity Fund. - Tax abatements for 2822 8th Street North (values reduced to $305,000 for 2022 and $310,000 for 2023). - Gaming site authorization for Fraser LTD at Cairo Restaurant. - Games of chance applications (El Zagal Temple, Fargo North Boosters, NDSU Asian Student Organization, Rape and Abuse Crisis Center). - Second reading and adoption of ordinances repealing Sections 10-0307 and 10-0311 (relating to persons using streets not to be molested and panhandling). - Amendments to dangerous building orders for 1710 1st Avenue South and 1208 University Drive South. - Second amendment to agreement with Valley Veterinary Hospital, P.C. - Amended Engineer’s Report for Improvement District No. TN-23-A. - Grant awards from ND Department of Health and Human Services for HIV/HCV counseling and TB infection identification. - Bid award to Fargo Moorhead Towing for junked vehicle removal (2024). - Bid award to Gast Construction Company, Inc. ($1,159,700) for Public Works South Side Fuel Station. - Bills in the amount of $15,852,570.59. Public Comments & Testimony - Deni Paramarta spoke in favor of retaining special assessments as a fair funding method for infrastructure, arguing that alternatives (sales tax, property tax) do not correlate with usage. He stated special assessments are “fair and objective” and provide a feedback mechanism between the city and residents. - Wess Philome expressed concern about police transparency regarding “stingray” cell-site simulators. He submitted a public records request that was declined, and asked commissioners to confirm whether the Fargo Police Department possesses such devices. He cited the device’s ability to collect location data and communications, and called for a policy and transparency. Discussion Items - Police Department Master Facility Plan – Chief Saboski, Rob Remark (GLG), and Brian Berry Hill (Rosch/Sherpard) presented. The study found the current headquarters (68,000 sq. ft.) does not meet risk category IV (IBC requirements), has unsecured parking, poor response times due to north-south city length, and inadequate evidence storage. Staffing goals (1.6 sworn per thousand) would require 242 total personnel vs. current 222, needing 116,000 sq. ft. Two options were presented: Option A (new headquarters + substations) and Option B (reuse existing headquarters + substations). Commissioner Kolpack proposed an amendment to also study Option C (mitigate existing headquarters issues and improve substations). The motion to receive, file, and adopt the plan with that amendment passed 4-1 (Piepkorn nay). - 2024 Law Enforcement Memorial Event – Chief Saboski requested approval to commit up to $250,000 in city funds (if pledges fall short) to send officers to National Police Week (May 12–16, 2024) in Washington, D.C., honoring Officer Jake Walen. Robin Nelson (Badges of Unity) noted donations of $25,000 from Corwin and a matching pledge up to $100,000 from Gate City Bank, with additional fundraising through Giving Hearts Day. Commissioners approved unanimously. - 2024 Capital Improvement Plan (CIP) and Infrastructure Funding Policy Revisions – Tom Knokbus presented two options. Option 1: Approve 2024 CIP with a 20% increase in special assessment caps (targeting 80/20 cost share), resulting in a balanced CIP. Option 2: No cap increase, leaving a $2.5 million shortfall addressed by deleting the NP Avenue project from 2024 (delayed to 2025). Protests on affected projects were 0.6% (11 of 1,877 parcels). After debate, Commissioner Preston moved Option 2, seconded. The motion passed 4-1 (Strand nay). Commissioner Strand expressed concern that property owners were notified of a potential increase before commission approval. - Fargo-Moorhead Regional Housing Needs Analysis and Strategies – Nicole Cretchfield presented. The study identifies a need for about 16,000 additional households metro-wide over 10 years, with 8,000 in Fargo. The analysis noted the city is on pace for unit numbers but must address housing type. Next steps include a MetroCOG regional housing commission. Approved unanimously. - Downtown InFocus Take Action Report – Cretchfield summarized the 20-priority update of the 2016 plan, noting 60% of original items are in progress. Over 500 stakeholder interactions informed the refresh. The report will be coordinated by Assistant Administrator Brenda Derrick. Approved 4-1 (Piepkorn nay). - Property Tax Exemptions for Improvements – Six applications (five-year exemptions) for properties at 1538 11th Street North, 6409 14th Street South, 2013 26th Avenue South, 3325 43rd Avenue South, 809 Kennedy Court North, and 813 Kennedy Court North. Approved unanimously. Public Hearings - John Deere Electronic Solutions tax exemption – Continued to January 22, 2024 (5:15 PM). Approved unanimously. - Plat of TYKE Addition (201 27th Street North / 2600 3rd Avenue North) – Approved as recommended by Planning Commission. Unanimous. - Plat of CC’s First Addition (5080 38th Street South) – Approved as recommended. Unanimous. - Gamma Fargo Addition & Pracs Second Addition (Amber Valley Parkway area) – Approved rezoning from LC to GC with PUD and first readings of ordinances. Unanimous. Key Outcomes - Consent Agenda, minutes, and order of agenda approved unanimously. - Police facility master plan adopted with amendment to study Option C (4-1). - 2024 Law Enforcement Memorial participation authorized with up to $250,000 city commitment (unanimous). - 2024 CIP approved with Option 2 (no cap increase, NP Avenue delayed) (4-1). - Regional Housing Needs Analysis and Strategies approved (unanimous). - Downtown InFocus Take Action Report approved (4-1). - All property tax exemptions approved (unanimous). - Liaison reports given by commissioners; meeting adjourned at 6:41 PM.

PUBLIC SAFETY 24% · PUBLIC INFRASTRUCTURE 24% · PROCEDURAL 8% · ZONING 8%
84
JAN 4, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo Native American Commission Meeting - January 4, 2024

The Fargo Native American Commission held its regular meeting on Thursday, January 4, 2024, at 12:00 PM in the Commission Chambers at Fargo City Hall. Chairperson Whitney Johnson presided, with members Amanda Strauss and new member Lisa Ducheneaux present. Suzanne Senske and Vice Chair Ashley Littlewolf participated via phone. Members Emily Sargent and Dale Sayers were absent. City Commissioner John Strand and Fargo School Board Liaison Seth Holden were also in attendance. The meeting adjourned at 12:18 PM. Consent Calendar - Approval of Agenda and Minutes: The agenda and the minutes from September 7, 2023, and November 2, 2023, were approved unanimously. A motion by Member Strauss, seconded by Member Ducheneaux, carried with all voting aye. Public Comments & Testimony - No public comments were made. Discussion Items - Indigenous Association Report: Executive Director Brandon Baity reported on 2023 activities, including the Bear Grease event at the Fargo Theater, the Native American Community picnic, and a New Year's Eve potluck and bingo night that drew approximately 50–60 people. For 2024, the Indigenous Association is transitioning from contracted workers to payroll employees and plans to hire part-time positions for events, activities, and volunteer coordination, with job descriptions expected by the end of January. An open craft night is held every Thursday from 6:00 to 8:00 PM. Volunteers are needed; more information is available at indgns.org or the Indigenous Association Facebook page. Baity also noted a book drive organized by NDSU's Jamie Larson has filled two bookshelves at the association—one entirely with Indigenous authors and another with children's books and other works. - Subcommittee Reports: - Education and Cultural Awareness Subcommittee (Suzanne Senske): The subcommittee attended a listening session with the Fargo Public Schools Superintendent. The Indian Education Program has a tutor position open, paying approximately $15–$17 per hour, posted on the Fargo Public Schools website. - Housing Subcommittee (Ashley Littlewolf): The subcommittee is identifying focus areas for the board to support or engage with in the new year. - Health and Wellness Subcommittee: No updates were provided. - Staff Reports: - Diversity, Equity, and Inclusion Coordinator Ahmed Schiil invited the community to the annual Martin Luther King Jr. Celebration on Monday, January 15, from 6:30 to 8:30 PM at the Fargo Theater, with doors opening at 6:00 PM. The theme is "Emoja 55, Dreamers Unite." - City Commissioner John Strand reported that leaders of the Fargo-Moorhead Diversion Authority have requested connections with the Native American community to incorporate cultural awareness into the diversion project. He has begun sharing contacts with the Indigenous Association. Announcements - Member Amanda Strauss announced a Missing and Murdered Indigenous Persons (MMIP) event will be held on February 14, 2024, at the Indigenous Association, likely around 12:00 PM. Additional details will be posted on the Indigenous Association's website. Key Outcomes - The meeting agenda and minutes from September 7 and November 2, 2023, were approved unanimously. - The next regular meeting of the Native American Commission was scheduled for March 7, 2024. - The meeting adjourned at 12:18 PM.

NATIVE AMERICAN AFFAIRS 68% · PROCEDURAL 15% · EDUCATION 10% · PUBLIC ENGAGEMENT 7%
85
JAN 2, 2024 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo Planning Commission Meeting - January 2, 2024

The Fargo Planning Commission convened on January 2, 2024, at 3:00 PM in the Commission Chambers. Chair Rocky Schneider presided. Member Thomas Schmidt was absent. The commission addressed a full agenda including public hearings on conditional use permits, zoning changes, and subdivision plats, as well as discussions on major planning initiatives. Votes were recorded as shown. Consent Calendar - Order of Agenda: Approved as amended to hear items 3 and 4 first, then items 1 and 2. Motion by Morgan, second by Gunkelman. All present voted aye. - Approval of Minutes: Minutes from December 5, 2023, approved. Motion by Stofferahn, second by Morgan. All present voted aye. Public Hearings Item 1: Replat of Block 5 of Southview Villages Addition (Conditional Use Permit for Group Living) - Staff recommended denial; Planning Coordinator Donald Kress reported that not all approval criteria were met. Rental Inspector Isaiah Bodensteiner described the complaint and inspection, noting five unrelated occupants in a single-dwelling zone. - Applicant Sara Alto (via conference call) argued the house was bought for her son and he had four unrelated friends living there; she claimed no knowledge of the three-unrelated-person rule. Her son Conner Alto stated they intended to fill all five bedrooms and that removing two occupants would make the purchase unjustified. - Residents Gary Kaeding (2307 South Flickertail Drive South) and Ed Lulai (2404 South Flickertail Drive South) spoke in opposition, citing neighborhood character, parking congestion, snow plowing difficulties, and an online ad showing permitted uses that excluded group living. - Outcome: Motion to deny the CUP (by Shewey, second by Morgan) passed 8-0 (Schmidt absent). The commission found the proposal did not satisfy Section 20-0909.D and 20-0402.E of the Land Development Code. Item 2: Crossroads Corporate Center Second Addition (Minor Subdivision) - Staff recommended approval. The plat would modify a negative access easement along 23rd Avenue to allow better access for future development. - Outcome: Motion to approve (by Holtz, second by Gunkelman) passed 8-0 (Schmidt absent). Item 3: Gamma Fargo Addition (Zoning Change to GC with PUD Overlay and PUD Master Plan) - Staff recommended approval. Applicant Scott Kjos (Comstock Services) answered questions about the property's history as a Pracs facility now used for research and office space. - Outcome: Motion to approve (by Stofferahn, second by Gunkelman) passed 8-0 (Schmidt absent). Item 4: South Ridge Second Addition (Minor Subdivision) - Staff recommended approval. Jim Gafner (Real Estate Development Manager, Holiday/Circle K) noted a convenience store and car wash would be built. Discussion included car wash water usage; Nathan Borboom (engineering) confirmed the city's drought management plan phases would restrict car washes at certain levels. - Outcome: Motion to approve (by Gunkelman, second by Rosenberg) passed 8-0 (Schmidt absent). Item 5: Rheault Second Addition (Zoning Change and Minor Subdivision) - Staff recommended denial of both the zoning change (GO to LC and MR-3) and the plat. Planner Brad Garcia argued the area warrants multi-family density (up to 19 units) rather than three single-family homes, citing infill and housing needs. - Applicant Alan Carlson (via phone) said he plans to build three single-family, handicap-accessible homes (including one for himself) and that the zoning change to MR-3 was suggested by staff. Vision Bank President Dan Currier supported the application, noting they would not have sold the land for an apartment building. - Outcome: Motion to reject staff recommendation and approve both the zoning change and plat (by Gunkelman, second by Rosenberg) passed 5-3 (Gunkelman, Shewey, Morgan, Holtz, Rosenberg aye; Tasa, Stofferahn, Schneider nay; Schmidt absent). Item 6: Woodcrest Third Addition (Sidewalk Waiver) - Staff recommended denial of the waiver to install a public sidewalk. Applicants Jon Erickson (161 South Woodcrest Drive North) and Jenaah McLeod-Hanson (155 South Woodcrest Drive North) opposed the sidewalk, citing lack of need, desire for no construction, and concerns about increased foot traffic and reduced safety. - Outcome: Motion to accept staff recommendation and deny the waiver (by Stofferahn, second by Tasa) passed 6-2 (Holtz, Morgan, Gunkelman, Stofferahn, Tasa, Schneider aye; Rosenberg, Shewey nay; Schmidt absent). Other Items D1: Introduction of Covey Ranch 3rd Addition and Master Plan - Planning Coordinator Maegin Elshaug and Matt Welle (Moore Engineering) presented an overview of a 120-acre master plan south of 64th Avenue and east of 45th Street. They outlined future platting, zoning, and stormwater improvements, with construction potentially beginning in 2025. No action was taken. D2: Downtown InFocus Take Action – Recommendation for Adoption - Planning Director Nicole Crutchfield presented the plan, noting public comments received. Chair Schneider disclosed his involvement with the plan but commissioners approved his participation. The commission recommended adoption to the City Commission unanimously (motion by Rosenberg, second by Shewey). D3: FM Regional Housing Study – Recommendation for Approval - Nicole Crutchfield and MetroCOG representative Adam Altenburg discussed the study and next steps, including forming a regional housing commission. The commission recommended approval to the City Commission unanimously (motion by Gunkelman, second by Rosenberg). D4: 25th Street Corridor Study - Removed from the agenda due to meeting length. Key Outcomes - Denied Conditional Use Permit for group living at 2401 South Flickertail Drive South (8-0). - Approved Crossroads Corporate Center Second Addition subdivision (8-0). - Approved Gamma Fargo Addition zoning change and PUD (8-0). - Approved South Ridge Second Addition subdivision (8-0). - Approved Rheault Second Addition zoning change and subdivision (5-3). - Denied Sidewalk waiver for Woodcrest Third Addition (6-2). - Recommended adoption of Downtown InFocus Take Action plan (unanimous). - Recommended approval of FM Regional Housing Study (unanimous). - Removed 25th Street Corridor Study from agenda. Meeting adjourned at 5:53 PM.

ZONING 36% · PARKING MANAGEMENT 9% · PROCEDURAL 8% · AFFORDABLE HOUSING 8%
86
DEC 26, 2023 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Meeting Recap – December 26, 2023

The Fargo City Commission met on Tuesday, December 26, 2023, at 4:00 PM for an executive session regarding threatened litigation at 501 Main Avenue and negotiating strategy, authorized under NDCC 44-04-19.1 subsections 2, 5, and 9. The regular meeting convened at 5:00 PM in the Commission Chambers. The Commission approved a 42-item consent agenda, conducted several public hearings for alcoholic beverage licenses, reconsidered a land management plan permit, accepted the Fargo Fire Department’s 2024‑2029 Strategic Plan, heard an update on the 2024‑2027 Engineering Capital Improvement Plan (CIP), and voted on the future of the North Broadway Bridge. Liaison assignments were also updated. Consent Calendar - Canvassing Board Results (December 5 Special Election): Accepted results and withdrew from final passage of two ordinances related to a lodging tax and a sales tax for the Fargodome conference center. - Ordinance Repeal: Waived the one‑week reading requirement and gave first reading to repeal sections on “Persons Using Streets not to be Molested” and “Panhandling.” - Rotary Traffic Islands & Alcoholic Beverage Ordinances: Second reading and final adoption for both. - City Deposits/Withdrawals Resolution: Authorized officers to make deposits and withdrawals. - Games of Chance: Approved five raffle applications (Isaac Douglas Benefit, El Zagal Temple, NDSU Saddle and Sirloin, St. John Paul II Catholic Schools, El Zagal Shrine Arab Patrol). - Maintenance Certification: For urban federal aid projects with NDDOT. - Street Light Pole: Bill of sale with Xcel Energy for a pole at 613 1st Avenue North. - Engineering Service Amendments: KLJ ($28,857.10 for FM‑24‑A0); Apex Engineering Group ($140,071.00 for NR‑24‑A0). - Final Balancing & Change Orders: Items for improvement districts BR‑23‑E1, BR‑22‑C1, PN‑23‑A1, PR‑23‑F1, PR‑23‑G1, FM‑22‑C3, and Fire Station 8 construction/electrical. - Bid Awards: Dakota Underground Company ($4,107,126.09 for BR‑24‑B1); Select Pro Cleaning ($636,300 for City Hall/Sky Commons); Automated Maintenance Services ($447,037 for Fargo Cass Public Health); Osgood Cleaning Services ($266,400 for downtown Library); Sanitation Products (two refuse trucks, $395,923 and $191,736); Via Mobility LLC for paratransit software/hardware. - Master Services Agreement: With JLG Architects for engineering/architectural services (RFP24011). - Lease & Extension: Tenth amended lease with NDSU for the Fargodome; acknowledgment of extension with Ovations Food Services. - Policy Adoption: Purchasing Card Policy and Purchasing Policy/Procedure Manual. - Fire Department: Capital fund rollover and budget adjustment for recruitment. - Public Health Grants: Budget adjustments for infrastructure/workforce grant (CFDA 93.967), opioid stimulant misuse, and substance abuse prevention. - Property Orders: Direct City Attorney to amend findings for 1208 University Drive South (contingent on ownership transfer) and 1710 1st Avenue South (repair by June 28, 2024). - Police Academy: Overfill January 22, 2024 class by five sworn positions. - Exempt Purchases: Parts/service from New Flyer Industries and Cummins NP ($250,000 each). - Electrical Services Extension: One‑year extension with Sun Electric for Water Treatment Plant. - Bond Amendment: Amended and restated $98,000,000 Sales Tax and Water Revenue Bond (Series 2013B) and loan agreement with ND Public Finance Authority. - Bills: Approved in the amount of $10,814,828.92. All consent items were approved unanimously on a roll call vote. Public Comments & Testimony - No Resident Comments: Item 43 of the regular agenda had no speakers. - Public Hearings (Alcoholic Beverage Licenses) — No public speakers appeared for any of the five hearings (items 44‑48). - Public Hearing – Land Management Plan Reconsideration (Item 49): - Dr. Darrell Ross (co‑owner of adjacent property at 340 9th Avenue South) spoke in support of his urban prairie planting. He apologized for not obtaining a permit initially, emphasized the ecological benefits, and stated the planting is only 2,000 square feet. He noted that the complaining neighbor misrepresented the number of nearby residents and that most neighbors support the prairie. He provided letters of support. - Erica Venberg (Fargo resident) spoke in favor of the prairie garden, calling it a wonderful initiative and expressing disappointment that a single neighbor could derail the process. She urged the Commission to reconsider favorably. - Marilyn Sites (opposing neighbor) objected to the “weed patch” on city property in her front yard, questioned how the city existed before the planting, and said Dr. Ross violated her privacy by publishing her floor number. She asserted that Ross should plant on his own property. Discussion Items - Fargo Fire Department 2024‑2029 Strategic Plan: Chief Dirksen presented the five‑year plan developed with community and internal stakeholders. Key goals include safeguarding through prevention, improving alternative response models (medical and fire), recruiting/retaining top talent, managing physical resources (including joint training facility with West Fargo), and adapting to new technologies (lithium‑ion battery risks, drones, data analytics). The Chief noted that the department expects to become very young—nearly 40% of firefighters will have less than three years’ experience after staffing Station 8. The plan was approved unanimously. - Engineering CIP Update (2024‑2027): City Engineer Tom Knakmuhs provided an update on the four‑year Capital Improvement Plan. He presented funding challenges: sales tax needs are outpacing revenues, and special assessment caps have not kept pace with construction inflation (averaging 7.2% annually over 15 years). Proposed is a 20% increase in caps in 2024, followed by 7.19% increases in 2025‑2027, which would result in an 80‑20 city‑to‑special‑assessment cost split. Without the increase, the split would be 85‑15. Knakmuhs noted that of 214 parcels assessed for 2024 street projects with the 20% increase, only 8 protests (≈4%) were received. Commissioners discussed alternative funding sources: increasing utility rates, modifying the sales tax allocation (e.g., moving the flood diversion quarter‑cent to streets), creating a street utility fee, or using a portion of the mill levy. No vote was taken; the final CIP approval is scheduled for the next meeting. - North Broadway Bridge Decision (Project QR‑23‑A0): Engineer Knakmuhs outlined three options: 1. Reconstruct at similar elevation. 2. Reconstruct above the 100‑year floodplain (2A on similar alignment, 2B realigned to Royal Oaks Drive North). 3. Do not reconstruct; install permanent traffic calming on 10th Street North and request MetroCOG remove the project from the TIP. Commissioner Piepkorn moved to move the project from 2026 to 2028 in the TIP, move the 17th Avenue South project from 2027 to 2026, and direct staff to work with Clay County on alternative funding. The motion passed 3‑2 (Kolpack, Piepkorn, Mahoney aye; Preston, Strand nay). Commissioners Preston and Strand opposed, stating they need more information on federal grant opportunities and partner funding before selecting a bridge option. Commissioner Piepkorn argued that building a bridge that floods (Option 1) is “dumb” given the $3 billion diversion project. The Commission did not vote on a preferred bridge option, as no motion was made. Key Outcomes - Fire Dept. Strategic Plan: Approved unanimously. - Land Management Plan Reconsideration: - Motion to uphold the Board of Adjustment’s decision reaffirming the Forestry Department’s approval of the Land Management Plan at 338 9th Avenue South passed 4‑1 (Kolpack, Preston, Strand, Mahoney aye; Piepkorn nay). - Motion to approve the License Agreement with Darrell Ross and Kimberly Wallin for the city‑owned property at that address also passed 4‑1 (same vote). - Alcoholic Beverage Licenses: All five transfer/new applications approved unanimously. - Board of Health Appointments: Reappointed West Fargo Mayor Bernie Dardis and Fargo City Commissioner Arlette Preston, and appointed Cass County Commissioner Jim Kapitan to three‑year terms ending December 31, 2026. Approved unanimously. - MetroCOG Policy Board Appointment: Tommy Schmidt appointed unanimously. - North Broadway Bridge: Project moved from 2026 to 2028 in the TIP (subject to MetroCOG approval); 17th Avenue South moved up one year; staff directed to seek alternative funding with Clay County. (Motion passed 3‑2.) - Adjournment: The meeting adjourned at 6:53 PM. The next regular meeting is scheduled for Monday, January 8, 2024, at 5:00 PM.

ENGINEERING AND INFRASTRUCTURE 21% · FIRE DEPARTMENT 14% · ALCOHOLIC BEVERAGE LICENSING 10% · ENVIRONMENTAL PROTECTION 10%
87
DEC 11, 2023 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Meeting - December 11, 2023: Executive Session, Bridge Discussion, Prairie Garden Reconsideration

The Fargo City Commission convened at 4:00 PM for an executive session in the Red River Room to discuss pending opioid litigation with McKinsey & Company and to receive attorney advice on Fargo Municipal Code Sections 10-0307 (Persons Using Streets Not to be Molested) and 10-0311 (Panhandling). The executive session, authorized under NDCC 44-04-19.1 subsections 2, 5, and 9, lasted from 4:02 PM to 4:55 PM. The regular meeting reconvened at 5:00 PM with all commissioners present except Arlette Preston. Mayor Mahoney presided. Following the executive session, the Commission voted unanimously (4-0, Preston absent) to opt into the opioid litigation settlement agreement against McKinsey & Company. Additionally, they voted 4-0 to direct the City Attorney to prepare ordinances repealing Sections 10-0307 and 10-0311 (panhandling and related ordinances) and to place them on first reading at the next regular meeting, while also considering other enforcement ordinances. The Mayor read announcements: Gingerbread house decorating sessions on December 14 (Northport Library) and December 16 (Main Library); Job Service ND at downtown Main Library on December 19; all libraries accepting cold weather items for Mitten Trees; Fargo Police Traffic Safety Unit patrolling; and recognition of city departments in the Xcel Energy Holiday Lights Parade. Consent Calendar The Commission approved the Consent Agenda (items 1–49) by a 4-0 roll call vote. Routine approvals included: - Letter of Support for J & S Holdings, LLC project to the ND Opportunity Fund. - Amendment to Developer Agreement, Tax Increment Note, Certificate of Completion, and Private Placement Memorandum with Wild Oak Group, LLC (TIF District 2020-01). - Tax abatement 4549 for property at 2609 11th Street South: value reduced from $319,900 to $289,800 (staff recommendation). - Findings, Conclusions, and Order regarding License Violation of District 64. - Lease Extension Agreement with Red River Properties, LLP for Police Department Building. - First reading of ordinances: Enacting Section 8-0610 (Rotary Traffic Islands) and Amending Section 25-1508 (Alcoholic Beverages). - Second reading and final adoption of several rezoning ordinances (Ekman Addition, Urban Plains by Brandt Seventh, Timber Parkway Eighth and Tenth Additions). - Applications for Games of Chance: NDSU Saddle and Sirloin raffle (2/10/24), NDSU Men’s Lacrosse Club raffle (3/16/24), The Outdoor Adventure Foundation raffle (3/23/24). - Consent to Construct Agreement with 221 Main, LLC. - Developer Agreement with Urban Plains Land Company, LLC. - Multiple change orders and bid awards (e.g., Negative Final Balancing Change Order No. 2 for Project SR-23-A1: -$135,314.00; Bid award to Parsons Electric LLC for $927,349.00; Bid award to Northern Improvement Co. for $346,494.03; Bid award to PCI Roads LLC for $536,628.71). - Purchase Agreement, Sales Contract Addendum with Wells Fargo Bank (Improvement District BN-23-E1). - Creation of Improvement District No. TN-23-A. - Amended Engineers Report for Improvement District No. BR-23-G1. - Multiple final balancing change orders for improvement districts (e.g., BN-22-C1: -$504,886.62; BN-22-F1: $6,509.21; BR-23-C1: $43,496.90; UN-23-A1: -$167,152.75). - Contract and bond for Improvement District No. BR-24-A1. - Master Services Agreements for Engineering/Architectural Services (RFP24010 and RFP24011) with CMTA Engineering and Walker Consultants. - Receive and file General Fund Budget to Actual unaudited monthly financial statements through 11/30/23. - Resolutions prescribing rates for Forestry Utility and Street Lighting/Traffic Control Devices System effective 1/1/24. - First Amendment to Joint Powers Agreement (Red River Regional Dispatch Center) with West Fargo, Moorhead, Cass County, Clay County. - Notice of Grant Award from ND Department of Emergency Services for FY 2023 State Homeland Security Program ($136,000). - Mutual Aid Agreement with City of Jamestown, ND Fire Department. - Bid award to Carr’s Tree Service, Inc. for winter pruning operations ($144,899.00). - Notice of Grant Award from ND Department of Health and Human Services for Regional Public Health (CFDA 93.991). - City of Fargo Employment Policy Revisions (work week, annual leave, sick leave, overtime, longevity, referral bonus). - Memorandum of Understanding with ATF regarding National Integrated Ballistic Information Network (NIBIN). - Directive to City Attorney to draft amendment to City Ordinance 8-0806 (Officer to Report). - Bid awards for refuse trucks: two auto side load trucks ($598,674.00), one container handler truck ($144,760.00), one high compaction front load truck ($353,839.00) – all to Sanitation Products. - Purchase of eight 2024 Police Department replacement vehicles from Nelson’s Auto Center ($380,759.52). - Final Balancing Change Order No. 5 for Project SW 22-01 ($60,145.19). - Memorandum of Understanding with City of Moorhead for MATBUS software purchase. - Resolution authorizing issuance and sale of $6,400,000 Taxable Sales Tax and Water Revenue Bond and ND State Revolving Fund loan for Project WA2255. - Bills in the amount of $10,363,120.88. Public Comments & Testimony - Resident Comment: Deni Paramarta spoke about the prairie garden at 338 9th Avenue South. He expressed disappointment with the Commission’s November 27 decision to mow down the garden, noting that only one neighbor had complained (Marilyn Sites) while a professor of entomology, Dr. Daryl Ross, had spent years and thousands of dollars converting an abandoned lot into a native prairie garden with city forestry department approval. He urged commissioners to listen to experts and professionals in addition to citizens. Discussion Items - Public Hearing Continued to 1/8/24: Application by John Deere Electronic Solutions for a property tax exemption for a project at 4101 19th Avenue North (manufacturing and programming). The Commission voted 4-0 to continue the hearing to January 8, 2024. - Tax Abatement 4552 (2653 45th Street South): Deputy City Assessor James Hanley explained that the applicant, Cafe Holdings LLC, requested value reduction from $2,378,000 to $1,100,000 for 2023. Staff recommended reducing to $2,090,000 after review, and the appellant agreed. The Commission approved the value adjustment to $2,090,000 by a 4-0 vote. - North Broadway Bridge (Project QR-23-A0) Discussion: City Engineer Tom Knakmuhs presented a feasibility study update. He reviewed three options: - Option 1: Replace bridge at same elevation (benefits costs). - Option 2A/2B: Replace at higher elevation (costs benefits). - Option 3: No replacement (costs benefits; permanent detour with traffic calming on 10th Street North). A public survey (over 1,200 responses) showed 62% of respondents want a bridge (38% prefer no build). However, most respondents were not willing to pay special assessments; 59% said no to any payment, and 57% said no regardless of amount. If forced to pay less than $500 over 25 years, 43% still preferred no bridge. Clay County commissioners had a motion for option 3 (no build) which failed 2-3; they expressed concerns about funding local share (estimated at $5.3 million for option 1). The City of Fargo has $2.4 million in Prairie Dog funds earmarked; remaining costs could impact other CIP projects (e.g., NP Avenue, pavement rehab). No decision was made; the item will return in two weeks. - Reconsideration of Prairie Garden Decision (338 9th Avenue South): Commissioner Strand moved to reconsider the November 27 vote denying a land management permit for a prairie garden. He noted public outcry and the need to follow Robert’s Rules. Commissioner Kolpack supported reconsideration after receiving more information and assurance of maintenance documentation. Commissioner Piepkorn opposed, raising concerns about public land use, maintenance costs, weed control, and policy fairness. The motion passed 3-1 (Piepkorn voting no). The topic will be placed on the next agenda for a full public hearing. - Appointments to Metro Flood Diversion Board: Mayor Mahoney recommended reappointing the current slate. The Commission approved the appointments unanimously (4-0). - Liaison Commissioner Reports: Commissioner Strand reported on the Human Rights Commission and DEI department, inviting everyone to the Martin Luther King Day celebration on January 15. Mayor Mahoney provided a public service announcement about cloudy tap water in winter (air bubbles, safe to drink). Key Outcomes - The Commission voted unanimously to opt into the opioid litigation settlement against McKinsey & Company. - The Commission directed the City Attorney to prepare ordinances repealing panhandling and related code sections, with first reading at the next meeting. - The Consent Agenda with 49 items was approved. - The public hearing for John Deere Electronic Solutions’ tax exemption was continued to January 8, 2024. - Tax abatement for Cafe Holdings LLC (2653 45th Street South) was approved, reducing value to $2,090,000 for 2023. - Discussion on the North Broadway Bridge was deferred; a decision is expected in two weeks. - The Commission voted 3-1 to reconsider the November 27 decision on the prairie garden at 338 9th Avenue South, scheduling a public hearing for the next meeting. - Appointments to the Metro Flood Diversion Board were approved unanimously. - The meeting adjourned at 5:40 PM to the next regular meeting on December 26, 2023, at 5:00 PM.

BRIDGE RECONSTRUCTION 34% · PROCEDURAL 21% · INFRASTRUCTURE FUNDING 13% · PUBLIC ENGAGEMENT 10%
88
DEC 5, 2023 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo Planning Commission Meeting: December 5, 2023

The Fargo Planning Commission met on Tuesday, December 5, 2023, at 3:00 PM in Commission Chambers. The meeting included public hearings on a conditional use permit for a telecommunications tower, a zoning change and plat for a downtown mixed-use development, and a minor subdivision. Presentations were also given on the Downtown InFocus plan, the FM Regional Housing Study, and the Fargo Growth Plan. All voting members present (8-0) approved each agenda item, with Member Brett Shewey absent. Note: The agenda listed Member Dawn Morgan as absent, but minutes and voting records show she was present and voted; this discrepancy may be a clerical error. Consent Calendar - Approve Order of Agenda – Approved after noting Item 1 continued to January 2, 2024, and Item 4 withdrawn. - Approve Minutes – Minutes of the November 7, 2023, meeting approved. Public Hearings - Replat of Block 5, Southview Villages Addition – Continued to January 2, 2024, at the applicant’s request. No public hearing held. - Parks Third Addition (Telecommunication Support Structure Setback Reduction) – Applicant: Terrapact Digital Asset, LLC. Hearing on a Conditional Use Permit to reduce the setback from 200 feet to 120 feet from residential property for a 50-foot monopole in the LC zoning district. Staff recommended approval with conditions: height ≤50 feet, setback ≥120 feet, opaque fence ≥6 feet around base, and permit termination if use ceases for 12 months. Applicant representative Brian Pattengale explained site selection due to existing fiber infrastructure. No public opposition. Motion to approve passed unanimously (8-0). - Cityside Addition (Zoning Change and Plat) – Applicant: Sterling Properties LLLP/Goldmark. Request to change zoning from MR-3 to DMU (Downtown Mixed Use) and plat a major subdivision with alley vacation. Properties at 202–212 6th Ave N and 509–515 3rd St N. Staff reported compliance with land development code and neighborhood plans. Applicant representative Patrick Vesey stated no immediate development plans; the change was to enable future mixed-use. No public opposition. Motion to recommend approval to City Commission passed unanimously (8-0). - Gamma Fargo Addition – Withdrawn by applicant. No hearing. - The Pines at the District Fifth Addition (Minor Subdivision) – Applicant: Landco Fargo, LTD/Goldmark Commercial. Request to replat Lot 1, Block 2 into two lots at 4265 53rd Ave S. LC zoning with conditional overlay carries over; no zone change. No direct access to 52nd Avenue via negative easement. Three inquiries with no concerns. Motion to approve passed unanimously (8-0). Other Items - Downtown InFocus Presentation – Director Nicole Crutchfield presented an update on the implementation report card, noting 60% of the 2018 plan completed. Key barriers: capacity, financing, and philosophical clarity. Proposed 20 action items focused on inclusive growth, design, public financing, communication, and coordination among agencies. Discussion included homeless population, mixed-income housing, need for a downtown grocery store, family-friendly dwelling sizes, performing arts center, and City Hall Plaza activation. Comments still accepted; adoption recommendation expected January 2024. - FM Regional Housing Study Presentation – Director Crutchfield highlighted key findings: Fargo is among the fastest-growing regions (19% population change), housing supply is behind national averages (1.5 jobs per housing unit), and there is a critical need for all housing types, especially affordable units for low-income households. Over the next 10 years, Fargo needs approximately 16,000 housing units, with 7,000 expected within city limits. Discussion included regional task force formation, timeline for land use policy changes, and potential funding strategies. Adoption recommendation expected January 2024. - Fargo Growth Plan Update – Director Crutchfield reviewed the plan process, noting completion of Phase 1 and transition to Phases 2/3. Small group meetings scheduled for the following week to review preferred growth path. Over 800 online survey responses and about 100 in-person comments received. The plan will inform land development code updates expected in 2024-2025. Key Outcomes - All voting items approved unanimously (8-0) with Member Shewey absent. - Meeting adjourned at 4:15 PM. - Next steps: The Commission will take up the Downtown InFocus Plan and FM Regional Housing Study for adoption recommendations at the January 2024 meeting.

DOWNTOWN REVITALIZATION 26% · AFFORDABLE HOUSING 21% · ZONING 19% · TECHNOLOGY AND INNOVATION 9%
89
NOV 27, 2023 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Regular Meeting - November 27, 2023

The Fargo City Commission held its regular meeting on November 27, 2023, at 5:00 PM in Commission Chambers. The meeting included a consent agenda, public hearings, presentations, and votes on zoning changes, a land management permit appeal, a purchasing policy, federal aid project priorities, and a massage therapy ordinance. The meeting adjourned at 6:09 PM. Consent Calendar - Approved 46 items including letters of support, ordinance amendments, license extensions, contracts, change orders, grant awards, and resolutions. Notable items: Letter of support for Precision Plumbing project to the ND Opportunity Fund, approval of ARPA funding allocation to the 2023 General Fund, acceptance of a $264,000 Back the Blue Grant for the Fargo Police Department, and a $750,000 COPS Hiring Program Grant for six police officers. Public Comments & Testimony - Wess Philome expressed concern about the Downtown Noise and Vibration Study, criticizing how data was presented and suggesting that businesses could be negatively impacted. He opposed any efforts to install sound limiters on sound systems, calling such measures an infringement on First Amendment rights. - Marilyn Sites, a neighbor of 338 9th Avenue South, spoke against the land management permit for a wildflower/grass planting on city-owned property, stating it harbors pests, is not maintained, and has degraded her property. She questioned why the protests of ten neighbors were ignored. Discussion Items - Appeal of Board of Adjustment Decision (338 9th Ave S): The Commission reviewed an appeal of the Board of Adjustment's decision to uphold a land management permit for native plantings on city-owned land. The property owner had obtained a permit to establish wildflowers and grasses, but neighbors appealed. The City's Planning Director Scott Lindau explained that the permit was issued per Chapter 11 of the municipal code. A maintenance and use agreement with the adjacent property owner was now in place. After public hearing, a motion to uphold the Board of Adjustment's decision failed 2-3 (Preston and Mahoney aye; Kolpack, Piepkorn, Strand nay). Commissioner Piepkorn argued it sets a dangerous precedent to allow a neighbor to use city land in this way, while Commissioner Preston considered it a positive precedent for native landscaping. The motion's failure effectively reversed the Board's decision, denying the permit. - Zoning Changes (Public Hearings): - Ekman Addition (1728 42nd Street South): Rezone from GC (General Commercial) to MR-3 (Multi-Dwelling Residential). Applicant Tyler Sheeran of Commonwealth Development Corporation plans a 40-unit senior apartment complex (age 55+). Approved unanimously. - Urban Plains by Brandt Seventh Addition (multiple parcels on Seter Parkway South): Repeal and re-establish a C-O (Conditional Overlay) to consolidate three existing overlays, and approval of a plat. Approved unanimously. - Timber Parkway Eighth Addition (5056 Charles Way South): Repeal and re-establish a C-O overlay to update standards. Approved unanimously. - Timber Parkway Tenth Addition (5107 and 5161 Charles Way South): Same as Eighth Addition. Approved unanimously. - Purchasing Policy and Procedure Manual: Presented by Finance Director Susan Jacobson and Purchasing Manager Tanner Schmidt. The policy updates procurement limits, adds exempt purchases, and improves internal controls. Approved unanimously. - Federal Highway Administration Priority Projects: Jeremy Gorden presented 26 projects across eight funding categories for 2024-2028, including street reconstructions, shared-use paths, traffic signal adaptive systems, and safety improvements. The project list was approved unanimously. Commissioner Strand asked about the Second Avenue walkway (not a priority). - Massage Therapy Establishments Ordinance (2nd Reading): Amends Sections 13-1801, 13-1802, 13-1806 to update regulations. After a procedural issue, the Commission voted unanimously to waive second reading, then final adoption passed 4-1 (Strand nay). - Property Tax Exemptions: Approved eight applications for 5-year exemptions on building improvements. - Appointments to Boards and Commissions: Approved appointments to the Historic Preservation Commission and Planning Commission. Key Outcomes - Land Management Permit Denied: The Commission voted 2-3 against upholding the Board of Adjustment's decision, effectively denying the permit for native plantings on city property at 338 9th Avenue South. The property will be mowed as green space. - All four zoning changes (Ekman, Urban Plains, Timber Parkway 8th & 10th) approved unanimously (5-0). - Purchasing Policy approved unanimously. - Federal Aid Project List approved unanimously. - Massage therapy ordinance adopted 4-1 (Strand dissenting). - Property tax exemptions and board appointments approved unanimously. - Liaison Reports: - Commissioner Strand reported on the National League of Cities conference, highlighting housing topics (inclusionary zoning, preservation, commercial conversions, and accelerated permitting) and public safety technologies (drones, license plate readers, flock cameras). - Mayor Mahoney reminded the public about the upcoming vote on the Fargo Dome (December 5, 2023) and encouraged absentee voting (deadline December 4). - Commissioner Preston reported on the FM Coalition to End Homelessness conference, noting awards for the Harm Reduction Program and a discussion on the epidemic of loneliness.

ZONING 29% · FISCAL SUSTAINABILITY 16% · PROCEDURAL 13% · ENGINEERING AND INFRASTRUCTURE 7%
90
NOV 16, 2023 · FARGO, NORTH DAKOTA · CITY COMMISSION
Fargo City Commission Regular Meeting – November 16, 2023

The Fargo City Commission convened at 4:00 PM on November 16, 2023, beginning with an executive session to discuss participation in class action settlements with 3M and DuPont (authorized under NDCC 44-04-19.1 subsections 2 and 9). The public meeting reconvened at 5:00 PM. The commission considered a range of topics including downtown revitalization, noise ordinance enforcement, transportation projects, bond issuance, and budget adjustments. Consent Calendar - Approved 31 items, including first and second readings of ordinances (railroad franchise, alcoholic beverages, recreational aquatic facilities, hotels/motels), findings for dangerous buildings at 1208 University Drive S and 1710 1st Avenue S, a $500 fine for a liquor license violation at the Old Broadway, games of chance applications, contracts and bonds for multiple projects, change orders, bid awards (notably a $3.4 million award to Dakota Underground for Improvement District BR-24-A1 and bid awards for snow removal, a wheel loader, and motor graders), pipeline easement with Northern States Power, software agreement with Tyler Technologies, lease with CapFirst Equipment Finance, a resolution supporting the adjusted Fargo-Moorhead Urbanized Area Boundary, appointment of two alternate municipal court judges, and bills totaling $16,658,540.70. Public Comments & Testimony - No resident comments were presented. Discussion Items - Executive Session & 3M/DuPont Settlement: The commission voted unanimously (5-0) to authorize the city attorney and administration to prepare and serve requests for exclusion, opting the City of Fargo public water system out of the proposed class action settlements in the Aqueous Film-Forming Foams Products Liability Litigation (MDL No. 2:18-mn-02873). - Appeal of Board of Adjustment Decision (Land Management Permit at 338 9th Avenue S): The property, owned by the city, had been planted with native wildflowers by adjacent homeowners. Neighbors appealed the permit approval due to concerns about noxious weeds and maintenance. Commissioner Kolpack moved to table the decision until a maintenance and use agreement is finalized (expected in two weeks). The motion passed unanimously (5-0), continuing the hearing to November 27, 2023, at 5:15 PM. - Downtown InFocus Take Action 2023 Implementation Plan: Scott Page from Interface Studio presented a 20-action operational plan focused on four themes: implementation roles (clarifying responsibilities), public realm (Broadway maintenance, 2nd Avenue redesign, riverfront development, City Hall Plaza), inclusive growth (addressing homelessness, mixed-income housing), and public financing (incentive policies, transparent RFP process). The plan is a living document; the public comment period is open. Staff will report back in two to four weeks. - Noise and Vibration Study Final Report: Stephen Martin from Veneklasen Associates presented findings from a three-week monitoring period (summer 2023). The study measured noise levels downtown and found that current commercial district limits (65 dBA day/60 dBA night) are appropriate. Complaints during the study primarily involved street performers and venue noise exceeding 65 dBA. Recommendations included updating the noise code to clarify measurement procedures and enforcement, exploring sound limiters for venues, and potentially installing permanent monitoring stations. Commissioner Kolpack requested staff return with ordinance revision recommendations. Commissioner Strand emphasized engaging businesses, citizens, and performers. No formal action was taken; direction was given to staff to research ordinance changes and technology solutions. - Federal and State Aid Transportation Project Applications 2024–2028: Jeremy Gorden, Transportation Division Engineer, presented a comprehensive list of projects for eight funding programs. Highlights included: $10 million request for NP Avenue corridor flex funds (8th Street to Broadway), shared-use path extensions in Deer Creek and drain 53, adaptive traffic signals on 45th Street, brick intersection replacements on Broadway (Second, Fourth, and Sixth Avenues), reconstruction of University Drive north of I-29 and Main Avenue concrete pavement repair, 17th Avenue South and First Avenue North rebuilds, and safety improvements (J-turn at 52nd Avenue/27th Street, pedestrian safety at University/25th Avenue, widening on 45th Street). The presentation was for information; formal approval is expected at the next meeting. - $42 Million Refunding Improvement Bonds, Series 2023D: The city sold bonds that morning with 13 bids received. JP Morgan won with a true interest cost of 4.32%, about 100 basis points lower than projected. Moody's confirmed the city's AA2 rating with a stable outlook. The resolution to issue the bonds was adopted unanimously (5-0). - First Readings of Ordinances: - Ordinance amending massage therapy establishment regulations (Sections 13-1801, 13-1802, 13-1806) approved 4-1 (Commissioner Strand dissenting). - Ordinance amending classification of ordinance violations (Section 1-0305(A)(1)) approved unanimously (5-0). Commissioner Strand confirmed no ordinances lead to felonies. - Appointments to Commissions: Approved appointments to the Human Rights Commission and Native American Commission unanimously (5-0). - Property Tax Exemptions: Approved 12 five-year exemptions for building remodels (e.g., Bruce Morgan, Michael Joyce, GMM Properties, etc.) unanimously (5-0). - Budget Adjustments (Item 22): Finance Director Susan Thompson presented adjustments totaling a net $2 million reduction in revenues, offset by approximately $2 million in salary savings from vacant positions. The adjustments align the budget with actual expectations. Approved unanimously (5-0). - Liaison Commissioner Assignment Updates: Commissioners provided reports. Commissioner Piepkorn announced that the ultraviolet water treatment system became fully operational on November 1, further improving water quality and bringing PFAS levels to undetectable. Commissioner Strand reported attending the National League of Cities and an Auschwitz Institute program on genocide prevention. Key Outcomes - Voted unanimously (5-0) to opt out of 3M/DuPont class action settlements. - Continued the appeal hearing for the land management permit to November 27, 2023, pending a maintenance agreement. - Directed staff to research noise ordinance revisions, enforcement tools (including sound limiters), and legal compliance with First Amendment protections. - Accepted the Downtown InFocus Take Action 2023 plan and opened a public comment period; staff to report back in 2–4 weeks. - Received the Federal/State Aid Transportation Project list; formal approval scheduled for November 27, 2023. - Adopted the resolution for $42 million in refunding improvement bonds (Series 2023D) at a 4.32% rate. - Approved first readings of two ordinances (massage therapy and classification of violations). - Approved appointments, property tax exemptions, and budget adjustments as presented. - Meeting adjourned at 6:35 PM; next regular meeting set for November 27, 2023, at 5:00 PM.

NOISE ORDINANCE 26% · PUBLIC ENGAGEMENT 20% · DOWNTOWN REVITALIZATION 12% · TRANSPORTATION SAFETY 12%
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