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Record of Proceedings

Fargo City Commission Regular Meeting - July 11, 2023

City Commission — Tuesday, July 11, 2023
BodyFargo, North Dakota
SessionCity Commission
DateTuesday, July 11, 2023
StatusFILED
Video Record
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Transcript — Verbatim
0:00

Good evening.

0:01

Call the meeting to order.

0:02

We'll begin with the pledge of allegiance.

0:04

I invite you to join us.

0:11

And to the Republic for which it stands.

0:14

One nation undervisible.

0:22

Roll call, please.

0:24

Colpak.

0:25

Here.

0:25

Pepcorn.

0:26

Here.

0:27

Preston.

0:27

Here.

0:28

Strand.

0:28

Here.

0:29

Mahoney.

0:30

Here.

0:31

Library.

0:32

Beginning yoga sessions for adults are Thursday evenings at 6 p.m.

0:35

through the summer at the Carlson Library.

0:38

The Fargo Historic Hunt continues through August 15th or August 5th and features 12 historic buildings in downtown Fargo.

0:46

Maps are available at all three library locations.

0:50

The annual summer reading challenge runs through August 26th, and many engaging programs and activity are planned.

0:56

Participants can keep track of their reading over the summer to be eligible to win prizes.

1:14

This is an enormous loss for the community.

1:17

Mark worked tirelessly to make Fargo Marathon a reality.

1:20

And he was looking forward to next year's 20th anniversary.

1:25

In a statement from the Fargo Marathon staff, it said in part that Mark's warm and continual, warm and genuine nature endeared him to all those who had the privilege of meeting him.

1:36

And his kindness, drive, and passion were evident to everybody he encountered.

1:41

Those words are so true.

1:43

Denny Wallacker and I had the privilege of knowing Mark and attending many Fargo Marathon events over the years.

1:49

I was able to see firsthand what Mark and his team had accomplished, and it was very remarkable for our community.

1:56

He truly will be missed.

1:59

In honor of Mark, I'd like to just observe a moment of silence for somebody who contributed so much to our community.

2:15

Thank you.

2:16

On June 20th, the Fargo Fire Department hosted the groundbreaking ceremony for the new fire station number eight.

2:22

This station located at 6617 33th Street South is expected to be completed in the late 2024.

2:30

Being future focused, responsive, and proactive are the keys to being a regional leader, and Fargo was proud to break ground on this facility in service of our residents.

2:39

It will help decrease response times in a growing south side of Fargo while also providing up-to-date firefighting gear and technology.

2:47

Let's watch the short video of this event.

2:52

So by building the station, we're going to decrease our response times in this area.

2:57

This will result in better service to all of the citizens that live here in this area.

3:00

In the past five years in this planning zone, there's been approximately 1,897 calls for service.

3:06

And we respond to 90% of all those calls in 10 minutes and 46 seconds.

3:11

And that's not acceptable by our state leaders.

3:13

Our goal is to respond to every emergency in every planning zone in six minutes and 20 seconds or less.

3:18

So this station and this investment is going to help us reach that goal.

3:22

Public safety is at the core of our responsibility to our citizens, and today we continue showcasing the investment and the commitment.

3:29

We have talked about this for a long time, and I'm very pleased now is a reality.

3:34

We take our responsibility to work on their home where they work and live during their shifts.

3:42

Really serious and try to make that as safe as we possibly can.

3:45

Fire station number eight will feature positive pressure gear storage and a decontamination area to bolster the safety features available to our team.

3:54

It will be equipped with the latest technology and equipment and improving the overall efficiency and effectiveness of the fire department operations.

4:02

To hire the best, you need to build the best.

4:05

I'm proud of this plan and believe it will help us recruit and retain the next generations of firefighters for decades to come.

4:18

When are they going to start building that, Denise?

4:20

Pretty soon.

4:21

They have started.

4:22

Oh good.

4:24

Is there a motion to approve the order of the agenda?

Discussion Breakdown — Share of Meeting
Zoning████████████████████████████████32%
Public Works████████████████16%
Procedural█████████9%
Technology and Innovation████████8%
Engineering And Infrastructure██████6%
Environmental Protection██████6%
Community Engagement█████5%
Budget Equity Analysis███3%
Public Safety███3%
Summary of Proceedings

Fargo City Commission Meeting - July 11, 2023

The Fargo City Commission met on July 11, 2023, to address a wide range of issues including a dangerous building declaration, annexation and zoning changes, an enterprise resource planning (ERP) system upgrade, federal aid transportation projects, and the appointment of a new city engineer. The meeting included public testimony on several items, particularly a controversial zoning proposal for the Interstate Business District Edition.

Consent Calendar

  • Agenda, Minutes, and Consent Agenda (Items 1-34): Approved unanimously after roll call. The consent agenda included routine approvals, financial items, and administrative actions.

Public Comments & Testimony

  • Edward Kristosik (South Fargo resident): Opposed the city’s unanimous vote to sue the state over HB 1340 (related to gun regulations). He argued that guns are already present in neighborhoods and criticized the city’s belief that the ordinance would make neighborhoods safer. He noted that as a federally licensed dealer, his premise address must be in a commercially zoned location.
  • Don Hanley (owner): Addressed the dangerous building at 421 15th Avenue North. Explained that the garage was partially demolished after a fire, and requested more time to complete demolition and rebuilding due to financial and resource constraints.
  • Paula Peterson (Prairie Estates resident): Opposed the Interstate Business District Edition zoning proposal, citing potential 25% decrease in home values, health concerns from industrial operations, and inconsistency with the 2007 growth plan. Represented about 30 landowners.
  • Kyla Dubord (45th Street resident): Opposed the zoning change, arguing it would set a precedent for surrounding areas, cause traffic and safety issues on 45th Street (currently a dirt road), and that industrial uses are incompatible with existing residential neighborhoods.
  • Dr. Joshua Morell (radiologist, UND): Testified against the industrial zoning, stating that cement dust and other industrial emissions pose serious long-term health risks (cancer) due to cumulative exposure. Urged the commission to prioritize public health over development.
  • Maria Goriecheva (Chemical Engineering, UND): Stated that there is no harmless industrial operation and highlighted the dangers of fugitive dust. Noted that the applicant had not disclosed hazards of cement dust until she raised it in earlier meetings.
  • Trent Duda & Lee Gross (applicants, ARD Properties): Argued for approval, stating that the staff twice recommended approval, the concrete crushing operation had been removed from conditional overlay, and that denial could be seen as arbitrary given that similar developments (e.g., Coast Materials) operate near neighborhoods. Cited only one prior denial of a staff-recommended project since 2015.

Discussion Items

  • Library Announcements & Tribute: The commission opened with library summer programs (yoga, Historic Hunt through August 5th, reading challenge through August 26th) and a moment of silence for Mark, founder of the Fargo Marathon, who passed away.
  • Fire Station #8 Update: A video highlighted the June 20th groundbreaking. Key statistics: In the planning zone, 1,897 calls in the past 5 years; current response time 10 minutes 46 seconds for 90% of calls; goal is 6 minutes 20 seconds or less. Construction has begun (foundations poured).
  • ERP System Upgrade (Ron, Jill, Susan): Current legacy systems (Central Square from 1998, Kronos from ~2015) will reach end-of-life by 2025-2027. Recommended provider: Tyler Technologies (Finance & HR) and UKG (timekeeping). Tyler is about half the cost of the second-choice vendor. Total one-time setup costs ~$2.7 million, with annual subscriptions ~$500,000. Funding via ARP funds and debt. Expected go-live on or before January 1, 2026. Motion to proceed passed unanimously.
  • Dangerous Building – 421 15th Ave N (Item 36): Staff reported the garage met 9 of 10 dangerous building criteria. Owner Don Hanley stated that his fiancé Justin had started demolition but needed more time. Motion to declare dangerous and require demolition by September 8, 2023, passed unanimously (5-0). Separate junk abatement is also underway.
  • Annexation – 80.4 Acres (Item 38): City-initiated annexation in southwest quadrant (19th Ave N/57th St N). No protests received. Motion to approve passed unanimously.
  • Veterans Industrial Park Edition (Item 39): Rezoning from AG to Limited Industrial and plat approval. Consistent with 2007 growth plan. Motion to approve passed unanimously.
  • Interstate Business District Edition (Item 40): Contested proposal to change growth plan designation from residential/park to industrial/commercial, with zoning changes. Planning Commission recommended denial (June 6). Staff recommended approval with conditions (excluding concrete crushing). After extensive public testimony, the commission voted 5-0 to refer the item back to the Planning Commission for reconsideration, citing the need for a holistic review of the area and alignment with the upcoming growth plan update (expected by February/March 2024).
  • Appointment of City Engineer: Tom Knock Moose, assistant city engineer for 4 of his 8 years with the city, was appointed. Motion approved unanimously.
  • Federal Aid Road & Bridge Projects (Jeremy):
    • 64th Avenue Interchange at I-29: Originally funded for 2025, but ND DOT moved funding to 2028 due to inflation. Commissioners expressed interest in appealing to the transportation commissioner.
    • North Broadway Bridge: Demolition is ~50% complete; feasibility study by Houston Engineering expected in late September. Traffic counts will be taken to assess neighborhood impact. Funding split 80/20 federal/local on ND side; Clay County may participate.
    • Main Avenue Reconstruction: Delayed to 2026 due to environmental assessment requirement; estimated cost $41 million for less than a mile.
    • Other Projects: 52nd Ave bridge widening (starts Labor Day), 32nd Ave South extension, LED streetlight replacement (saving $75,000/year), pedestrian paths, and bridge maintenance. Total of 16 projects exceeding $100 million.
  • Property Tax Exemptions (Item 44): Approved unanimously.

Key Outcomes

  • Approved: Consent agenda, minutes, dangerous building declaration with Sept 8 deadline, annexation of 80.4 acres, Veterans Industrial Park rezoning and plat, appointment of new city engineer, property tax exemptions.
  • Referred to Planning Commission: Interstate Business District Edition (Item 40) – will be reconsidered with new conditions and broader growth plan context.
  • Directed: Staff to proceed with ERP contracts with Tyler Technologies and UKG, and authorize funding (up to ~$2.7M one-time plus annual costs).
  • Noted: 64th Avenue interchange delayed; commission will engage with ND DOT. North Broadway Bridge study to return in September.
  • Commissioner Reports: Updates on missing middle housing (Preston), budget work (Mahoney), mosquito spraying and fire activity over July 4th (Colpack), and birthday recognition (Strand).

Meeting Adjourned

Motion carried to adjourn.

Meeting Transcript

Good evening. Call the meeting to order. We'll begin with the pledge of allegiance. I invite you to join us. And to the Republic for which it stands. One nation undervisible. Roll call, please. Colpak. Here. Pepcorn. Here. Preston. Here. Strand. Here. Mahoney. Here. Library. Beginning yoga sessions for adults are Thursday evenings at 6 p.m. through the summer at the Carlson Library. The Fargo Historic Hunt continues through August 15th or August 5th and features 12 historic buildings in downtown Fargo. Maps are available at all three library locations. The annual summer reading challenge runs through August 26th, and many engaging programs and activity are planned. Participants can keep track of their reading over the summer to be eligible to win prizes. This is an enormous loss for the community. Mark worked tirelessly to make Fargo Marathon a reality. And he was looking forward to next year's 20th anniversary. In a statement from the Fargo Marathon staff, it said in part that Mark's warm and continual, warm and genuine nature endeared him to all those who had the privilege of meeting him. And his kindness, drive, and passion were evident to everybody he encountered. Those words are so true. Denny Wallacker and I had the privilege of knowing Mark and attending many Fargo Marathon events over the years. I was able to see firsthand what Mark and his team had accomplished, and it was very remarkable for our community. He truly will be missed. In honor of Mark, I'd like to just observe a moment of silence for somebody who contributed so much to our community. Thank you. On June 20th, the Fargo Fire Department hosted the groundbreaking ceremony for the new fire station number eight. This station located at 6617 33th Street South is expected to be completed in the late 2024. Being future focused, responsive, and proactive are the keys to being a regional leader, and Fargo was proud to break ground on this facility in service of our residents. It will help decrease response times in a growing south side of Fargo while also providing up-to-date firefighting gear and technology. Let's watch the short video of this event. So by building the station, we're going to decrease our response times in this area. This will result in better service to all of the citizens that live here in this area. In the past five years in this planning zone, there's been approximately 1,897 calls for service. And we respond to 90% of all those calls in 10 minutes and 46 seconds. And that's not acceptable by our state leaders. Our goal is to respond to every emergency in every planning zone in six minutes and 20 seconds or less. So this station and this investment is going to help us reach that goal. Public safety is at the core of our responsibility to our citizens, and today we continue showcasing the investment and the commitment. We have talked about this for a long time, and I'm very pleased now is a reality. We take our responsibility to work on their home where they work and live during their shifts.

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