Fargo City Commission Regular Meeting – July 24, 2023
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Fargo City Commission Regular Meeting – July 24, 2023
The Fargo City Commission held its regular meeting on Monday, July 24, 2023, at 5:00 p.m. in Commission Chambers at Fargo City Hall. Mayor Mahoney presided, and Commissioners Denise Kolpack, Dave Piepkorn, Arlette Preston, John Strand, and Timothy Mahoney were present. The meeting included a tribute to fallen Police Officer Jake Wallin, approval of the consent agenda, public hearings on liquor licenses and a proposed waterpark resort, and authorization of Red River Valley Water Supply financing. The meeting adjourned at 6:30 p.m.
Consent Calendar
- The Commission unanimously approved the consent agenda (items 1-37) en bloc. Notable items included: dangerous-building findings for 421 15th Avenue North; ordinance readings related to liquor license classifications, a Veterans Industrial Park rezoning, and commercial pedal car regulations; pledged securities as of 06/30/2023; gaming authorizations; engineering task orders and contract amendments (e.g., $401,182.60 for floodwall repair, $68,100 for MS-23-C0, $25,500 for NR-24-B0, $203,400 for AE2S, and $634,118 for Apex); emergency sewer repair payment of $274,513; bid award of $1,666,648.81; change orders and balancing change orders; easements, encroachments, contracts, and bonds; a library/senior center ground lease supplement; sole source procurement of $25,600; intergovernmental and service agreements; HUD CDBG/HOME grants; a landfill/recycling fund transfer; a lease agreement with Moorhead; loan application resolutions; and bills totaling $10,928,397.07.
Public Comments & Testimony
- Resident Wess Philome expressed condolences for Officer Jake Wallin, praised the communications department and Police Chief for their response, and urged support for the Muslim community against potential backlash, ending with 'We are Fargo Strong.'
- During the public hearing on The Wave by EPIC waterpark PILOT, several community members testified. Blake Nyboken of EPIC Companies supported the project, emphasizing a 500-space public parking ramp, no upfront city cash, increased density, and economic benefits. Alex Christensen of Christians Companies raised concerns about high leverage, parking variance shortfalls, and whether the development increment justified the incentive. Charlie Johnson, president and CEO of the Convention & Visitors Bureau, and Sally Jacobson of the zoo spoke in favor, citing the waterpark as a regional attraction and parking relief. An unidentified resident questioned whether the city tracks total tax incentives and their long-term feasibility.
Discussion Items
- Mayor Mahoney updated the Commission on the July 14 shooting: Officer Andrew Dotas was critical but stable, Officer Tyler Hawes fair and stable, civilian Karlee Koswick in rehab, and Officer Zach Robinson with family. A Celebration of Life for Jake Wallin was set for Wednesday, July 26 at Scheels Arena.
- Public hearings were held for a Class 'N' alcoholic beverage license for The North Dakota Horse Park and a transfer of the Class 'FA-RZ-M' license for Wurst Bier Hall to Two Star Boys LLC. Staff explained the license types and noted recommendations for approval.
- The Valley View Estates Fourth Addition public hearing was withdrawn by the applicant. The Southwest Fargo Mission Second Addition was continued to the August 21, 2023 regular meeting. The Commission approved the plat of Radio Second Addition (5709-5790 53rd Avenue South).
- The Commission reviewed a PILOT application from The Wave by EPIC, LLC for a full-service waterpark resort at 4410 and 4471 24th Avenue South. Staff reported the Economic Development Incentives Committee recommended a 10-year payment in lieu of taxes after PFM found 17 years excessive; the developer proposed a 500-space public parking ramp.
- John Shockley, representing Lake Agassiz Water Authority, presented the Interim Financing Agreement Series D for Fargo's 25% local cost share of the Red River Valley Water Supply Project for 2023-2025 construction. He cited $180 million in state cost share, a $953 million legislative intent, a $60 million Bank of North Dakota loan at 2% over 40 years, and debt shaping to match population growth. The project is expected operational by 2031.
- Liaison Commissioner assignment updates included acknowledgments, condolences, and thanks to first responders from commissioners.
Key Outcomes
- Approved order of agenda and July 10, 2023 regular meeting minutes.
- Approved consent agenda items 1-37 unanimously.
- Approved Class 'N' liquor license for Horse Race North Dakota d/b/a The North Dakota Horse Park (5-0).
- Approved Class 'FA-RZ-M' liquor license transfer to Two Star Boys LLC d/b/a Wurst Bier Hall (5-0); Commissioner Strand disclosed business relationships with licensees.
- Withdrew Valley View Estates Fourth Addition hearing.
- Continued Southwest Fargo Mission Second Addition to August 21, 2023 (5-0).
- Approved plat of Radio Second Addition (5-0).
- On The Wave by EPIC LLC PILOT, the Commission voted 3-2 (Kolpack, Preston, Strand in favor; Piepkorn, Mahoney against) to refer the item back to the Economic Development Incentives Committee for further policy review, effectively delaying the project.
- Approved the Red River Valley Water Supply Project Interim Financing Agreement Series D (5-0).
- Approved appointment to the Special Assessment Commission (5-0).
- Adjourned to August 7, 2023 at 5:00 p.m.
Meeting Transcript
Call the mini daughter. We'll begin with Pledge of Allegiance. I invite you to join us. Roll call. Call Pack. Here. Papcorn. Here. Preston. Here. Strand. Here. Mahoney? Here. Well, we've had quite a week last week in which a rific event happened in our community. Just want to update the conditions. Uh, Andrew Doutus is in critical stable condition and continues to make improvement. Tyler Haas is in fair stable condition at this time, and also has continued to make good improvement. Carlene Coswick is a young lady that was injured in the uh shooting, and she is in rehab at this time, and we hope he's making good improvement. Uh, Zach Officer Zach Robinson is with his family, and uh, we thank him for his heroic efforts during this time and what he stopped. Just to remind you all, we're gonna have a celebration of Life Service Wednesday at one PM at Shields Arena. We basically had Jake's funeral in Pequot Lakes last Saturday, and a lot of the military honors and such were given to him at that time. This is a celebration of life. And that's what we will be doing Wednesday. So on Wednesday, you may see something a little different in which people talk about Jake's life, the things he's done, and perhaps in more of uh a light of hope and what should come going forward. So the public is invited to the Shields Arena, but it also will be on WDAY TV if you don't have time to make it to the event. At this time, the Cons team, which is doing a wonderful job during this whole time that was great with us, is gonna show us a video to celebrate Jake Waleen. Throughout my my entire life, I've always wanted to work in some sort of position that had purpose behind my job. And police officer is always what kind of came to me. I've tried other careers, but I came right back into law enforcement as a career path I wanted to go through. My desire to serve comes directly from the want to have purpose behind my job each and every day. I don't want to be sitting in the office wondering why I'm here every day. Throughout my thank you. It's a move. Is there a second? Second. All those in favor say aye. Aye. Motion carried. So motion approved the minutes of the July tenth, two thousand twenty-three regular meeting. So move. Is there a second? All those in favor say aye. Aye. Motion carried. Is there a motion to prove approve the consent agenda items one through thirty-seven? So moved. Is there a second? Roll call vote, please. Call pack.
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