Fargo City Commission Regular Meeting - August 7, 2023

The Fargo City Commission met on Monday, August 7, 2023, at 5:00 PM in the Commission Chambers. The meeting covered a wide range of items including consent agenda approvals, public hearings, updates on the 10th Street and University Drive Corridor Study and House Bill 1340, adoption of a resolution for additional liquor licenses, approval of the Mayor's 2024 Preliminary Budget with a two-mill levy increase and franchise fee increase, appointment to the Liquor Control Board, and property tax exemptions. The meeting adjourned at 6:17 PM.

Consent Calendar

• Approved 46 items en bloc (items 1–46) unanimously. Notable items include:
  • Sole source procurements for RRVWSP review, Avista Technologies chemicals, and Zenon Environmental ultrafiltration modules.
  • Second reading of ordinance amending liquor license classifications.
  • Extension of settlement agreement with James and Joyce Lepine.
  • Resolution establishing commercial pedal car fees.
  • Site authorizations and applications for games of chance.
  • Various change orders, bid awards, easements, and agreements.
  • Market adjustments for Maintenance Technician positions.
  • Purchase of ten copiers, a tractor loader backhoe, and a Ford F-450.
  • Grant awards for water pollution, monkeypox vaccination, and homeless services.
  • Bills in the amount of $12,162,552.63.

Public Comments & Testimony

• No resident comments were offered.

Discussion Items

• Update on the 10th Street and University Drive Corridor Study: City Engineer Tom Knakmuhs and Mike Bittner (Bolton & Menk) presented findings from a six-mile corridor study (13th Avenue South to 19th Avenue North). The study highlighted safety concerns, with 12% of citywide pedestrian/bicycle crashes occurring along the corridor and seven of the top ten crash-rate intersections. Public outreach included 600 residential and 60 business visits, 31 focus groups, and 500 online comments. A two-way conversion through downtown (from Second Avenue South to Fourth Avenue North) was deemed feasible without widening, while north and south segments would require widening and cost $17 million, impacting 125 trees and 175 signal poles. The next phase will explore traffic calming, enhanced crossings, and bike facilities. Commissioner Preston asked about pedestrian scrambles and left-turn elimination. Commissioner Strand requested alignment with Safe Routes to School. No vote was taken; the item was for information only.
• Update on HB 1340 (Firearms): Assistant City Attorney Ian McLean reported that the city filed a declaratory judgment action in Cass County District Court on August 1, 2023, challenging the state law that would void home occupation ordinances prohibiting firearms sales from homes. The city argues the law unlawfully strips home rule powers. A decision is expected by year-end. The commission took no action.
• Recommendation to adopt a resolution establishing procedure for issuance of additional liquor licenses: Bureau of Administrative Services Director Steve Sprague explained that the city's population estimate of 131,000 triggered two new licenses (Class Z and B-limited). The resolution sets a process: advertise availability, accept applications by October 27, 2023, review by city departments, recommendation from the Liquor Control Board, and final commission decision. If applications exceed licenses, a drawing will be held. The commission unanimously adopted the resolution.
• Recommendation to approve the Mayor's 2024 Preliminary Budget and set public hearing date: Mayor Mahoney and Finance Director Susan Thompson presented the budget, which began with a $13 million gap. Through expense reductions (6.3 million) and revenue increases (two-mill property tax increase and franchise fee increase), the balanced budget totals $120 million in general fund expenses. The average homeowner impact is $145 per year ($12 per month). The budget includes 22 new personnel (15 firefighters for Station 8, 6 grant-funded traffic officers, and 1 IT attendant). Commissioner Piepkorn opposed the increases, advocating for spending cuts such as eliminating the downtown engagement center. Commissioner Strand supported the budget but sought transparency on how the two mills are allocated. Commissioner Kolpack expressed concern about the unallocated line item and lack of clarity on the two mills. Commissioner Preston asked for a one-page summary of allocations. The commission voted 4-1 to approve the preliminary budget and set the public hearing for September 18, 2023, at 5:15 PM. Commissioner Piepkorn voted no.
• Recommendation for appointment to the Liquor Control Board: Commissioner Piepkorn moved to appoint Tatiana Hamilton, an attorney with Anstad Twitchell and former server, for a term ending July 1, 2025. Commissioner Strand voted no, expressing concern about losing citizen voices. The motion passed 4-1.
• Applications for Property Tax Exemptions for Improvements Made to Buildings: 14 applications for five-year exemptions were approved unanimously.

Key Outcomes

• Approved Consent Agenda (items 1–46): Unanimous.
• Approved Special Assessments for Skyway System Maintenance: $130,000 (up from $100,000 last year). Unanimous vote.
• Approved Special Assessments for Nuisance Abatement Fees: Unanimous. Notable: included a new fee for dog waste removal.
• Adopted Resolution for Liquor License Issuance Procedure: Unanimous.
• Approved Mayor's 2024 Preliminary Budget (with two-mill increase and franchise fee increase): Passed 4-1 (Piepkorn nay). Public hearing set for September 18, 2023, at 5:15 PM.
• Appointed Tatiana Hamilton to Liquor Control Board: Passed 4-1 (Strand nay).
• Approved Property Tax Exemptions: Unanimous.
• Liaison Commissioner Assignment Updates: Reports on fire station construction, lead and copper testing results (best ever, no samples above EPA action level since 2014), and other committee updates. No votes.