Fargo City Commission Regular Meeting – September 5, 2023

The Fargo City Commission met at 5:00 PM on Tuesday, September 5, 2023, in Commission Chambers at City Hall. All five commissioners were present: Denise Kolpack, Dave Piepkorn, Arlette Preston, John Strand, and Mayor Timothy Mahoney. The meeting opened with the Pledge of Allegiance, a video honoring the Sanford Health care team that treated officers Andrew Dotas and Tyler Hawes following the July 14 critical incident, approval of the meeting order, and approval of the August 21, 2023 minutes. The meeting adjourned at 7:50 PM.

Consent Calendar

• The commission unanimously approved the consent agenda, items 1 through 29.
• Notable items included a letter of support for the Beyond Boundaries project to the ND Opportunity Fund; final adoption of two rezoning ordinances; gaming site authorization for Fargo Post 2 Baseball at El Zagal; nine games of chance applications; direction to amend city code to allow booting or towing for unpaid parking citations; appointment of Commissioner Strand as Civil Service Commission liaison; multiple easements, change orders, and time extensions; a $186,544 budget adjustment for the 2023 Spring Flood emergency; contracts for tobacco prevention, emergency response services, the Medicine Shoppe, and Southeast Human Service Center; a bid award to Bailey Nurseries for the 2024 spring tree order in the amount of $65,106.23 plus shipping; and bills totaling $20,464,500.49.

Public Comments & Testimony

• Tracey Wilkie, a citizen of the Turtle Mountain Band of Chippewa, spoke during resident comments about the overrepresentation of Native Americans in the unhoused population, jails, prisons, and social services. She connected these conditions to the boarding schools of the past and cultural genocide, and she called on Fargo to do better and for the genocide to stop.

Public Hearings

Dangerous Building – 1449 4th Avenue South

• Staff reported that the 20-by-24-foot detached wood-frame garage had extensive fire damage, missing or broken windows, compromised weatherproofing, and met all 10 dangerous-building criteria. A January 2023 fire was reported, and the owner had received insurance payouts but had not made repairs.
• Neighbors Kathy Pelanski and Todd Kensinger testified. Pelanski expressed concern about property values. Kensinger described long-term drug activity at the property and said he no longer felt safe in his own home.
• The commission voted unanimously to direct the City Attorney’s Office to prepare and serve Findings of Fact and Order and to authorize the Inspections Department to solicit proposals for removal if the structure was not removed within the time allowed by the Board’s Order. Staff had recommended removal by November 4, 2023.

Group Living Conditional Use Permit Appeal – 2545 69th Avenue South

• This was an appeal of the Planning Commission’s August 1, 2023 decision to approve a Conditional Use Permit for group living in the SR-4 single-dwelling residential district. The proposed use is an agency adult foster home for up to four adults with medical conditions such as stroke, traumatic brain injury, or dementia.
• Applicant Giselle Shimwe, an RN, described the state-licensed home, planned 24/7 staff coverage, and intended accessibility improvements. She said comparable homes exist elsewhere and cited MLS data indicating similar homes in the neighborhood had increased about 20% in value since January 2021, compared with 18% for Fargo comps.
• Appellants Corey Jacobson, Mike Strobel, and Edie Holcomb spoke in opposition. Jacobson argued the CUP conflicts with subdivision covenants defining family occupancy. Strobel, a real estate agent, questioned the applicant’s planning and said the use could make nearby lots harder to sell. Holcomb, the nearest homeowner, described what she called a misleading process and raised concerns about parking, traffic, safety, property values, and accessibility.
• Commissioners discussed the value of integrating people with disabilities into neighborhoods and the need for supportive housing, while also acknowledging neighborhood concerns and process issues.
• Commissioner Preston moved to approve the CUP with two conditions: if the property is transferred, the new owner must apply for a new CUP; and the CUP would not become effective until a certificate of occupancy for group living is granted and North Dakota requirements for agency adult foster homes are met. The motion passed 3–2, with Preston, Strand, and Mahoney voting aye and Kolpack and Piepkorn voting nay.

Discussion Items

NDSCS Career Workforce Academy / Career Innovation Center Update

• NDSCS President Ron Flanigan and Foundation Executive Director Kim Nelson presented the update. The original 2018 intent remains unchanged: to provide K-14 students and incumbent workers with career preparation through the Career Innovation Center.
• Groundbreaking occurred in July 2021. Federal funds were released August 4, 2023, including a $10 million federal grant plus an additional $3 million in matching inflationary dollars.
• The north half of the building’s core and shell is being erected; the south half is expected to start construction within weeks. Bids are expected to go out in January 2024 and be accepted by February 29, 2024, with completion expected by August 2025.
• Funding reported includes $34 million pledged, with nearly $12 million paid in and about $22 million yet to be collected, including $13 million in grant and inflationary funds, a $1.5 million EDA grant, and about $7 million in outstanding pledges. The City of Fargo pledge is $1.5 million; $900,000 has been paid, with $600,000 remaining over two years.
• A portion of the building, including the third floor, remains a shell until additional fundraising is completed.

Main Avenue Reconstruction Project Update – University Drive to 25th Street

• Transportation staff and consultants from Apex Engineering Group and SRF Consulting presented an update on Improvement District No. BR-23-A1. The project area has a tight 60-foot right-of-way east of 18th Street, with about 80 driveways in one mile.
• Traffic analysis shows current capacity is adequate for 2045 traffic, so the project focuses on pedestrian improvements, access management, aging infrastructure, and underground utilities. An environmental assessment is underway and is expected to be completed in February 2024.
• Alternatives presented included a no-build option; a four-lane C1 option with a center turn lane requiring a 70-foot right-of-way and impacting seven buildings, including the International Market Plaza housing 18 minority-owned businesses; a realigned C1 avoiding one building; C2, which uses a 68-foot right-of-way and avoids building impacts by reducing sidewalk widths only along building fronts; and D, a three-lane section within the existing 60-foot right-of-way.
• Project Review Committee scoring placed C2 slightly ahead of D, and city staff identified C2 as the preferred alternative. Access management could reduce driveway access by about 39%. Staff reported five pedestrian accidents in the five-year crash-study period.
• Construction is expected to take two seasons, likely 2026 and 2027. The next steps are PUPEC review, a commission decision requested for October 2, 2023, and a presentation to the North Dakota DOT on October 6, 2023.

Director of Finance Appointment

• The commission unanimously approved the appointment of Susan Thompson as Director of Finance. City staff praised her service as interim finance director and her relationships with staff.

NP Parking Garage Developer Agreement Third Amendment

• The commission unanimously approved the Third Amendment to the Developer Agreement with Great Plains NP Holdings, LLC for the NP Parking Garage. The amendment provides another six months to start and construct the project due to the Kilborn Group’s request for additional time to finalize financing.
• Project details include 168 apartments, about 3,000 square feet of retail, 461 parking spaces, and the Fargo Moorhead Community Theatre relocation. The parking ramp cost remains capped at $20 million, the mixed-use development is estimated at $36 million, and the theater is estimated at $5 million for core and shell plus interior fit-out.
• Judy Lewis of FMCT spoke in support, noting the nonprofit has invested about $500,000 and that the theater would bring at least 200 children downtown every Saturday.

Dangerous Building Repair Extension – 437 23rd Street South

• Staff recommended amending the requested extension from October 30, 2023 to December 30, 2023, a 90-day extension for property owner Guy Thomas Jr. He had made substantial repairs but faced supply and contractor delays.
• The commission unanimously directed the City Attorney’s Office to amend the Findings of Fact, Conclusions and Order to allow completion by no later than December 30, 2023, with the existing $50.00-per-day administrative fine if the work is not completed by that date.

Opioid Settlement Funds Agreement

• The city has received $203,000 so far, with combined Fargo, West Fargo, and Cass County receipts likely totaling $350,000 to $400,000 and payments expected for more than 10 years.
• The commission unanimously approved the agreement on use of opioid settlement funds, directing settlement funds to Fargo Cass Public Health.
• A public health representative confirmed free Narcan/naloxone distribution would continue, including a new initiative to send naloxone home with inmates released from the Cass County Jail and to provide education and naloxone in the jail lobby.

Red River Regional Dispatch Center Ground Lease

• The commission unanimously approved a 50-year ground lease with the Red River Regional Dispatch Center for approximately two acres adjacent to 4630 15th Avenue North.
• The dispatch center will construct an estimated $12 million facility and own the building, while the city retains ownership of the land. The lease includes a purchase option using a three-appraisal process in the final 10 years and an optional 25-year extension for substantial improvements.

FARGODOME Remodeling and Conference Center Project

• The Fargo Dome Authority recommended a remodel of the existing facility plus a $50 million conference center addition. The plan would use up to $30 million from the approximately $40 million permanent fund, a proposed 20-year, 3% additional lodging tax, and a 20-year, 1/4% citywide sales tax.
• Presenters said the project would improve accessibility, security, and patron experiences. Planned improvements include increasing accessible football seating from about 84 seats to approximately 225 seats and increasing women’s restroom fixtures from about 135 to more than 260.
• The commission unanimously approved four related motions: approving the concept and authorizing a citywide special election on December 5, 2023; adopting a resolution to amend the Home Rule Charter authorizing the lodging and sales/use taxes; receiving and filing the ordinances enacting the taxes for first reading; and adopting the resolution on special election matters.
• Steve Sprague noted the election would use paper ballots and hand counting, with no early voting but with absentee voting available. Commissioner Preston said her vote to place the question on the ballot was not an endorsement; Commissioner Strand commented on the sales tax cap; Commissioner Piepkorn noted the previous dome tax did end and the permanent maintenance fund had been valuable.

Liaison Commissioner Assignment Updates

• Commissioners gave brief reports on boards and committees. Commissioner Kolpack reported on the Cheyenne River/52nd Avenue South bridge work related to the Red River Water Supply Project and on a police ride-along with Sergeant Chris Mathis on August 25, 2023 from 11:00 PM to 3:30 AM.

Key Outcomes

• Approved the consent agenda, including bills of $20,464,500.49.
• Approved action on the dangerous building at 1449 4th Avenue South, including possible removal solicitation.
• Approved the Conditional Use Permit for group living at 2545 69th Avenue South by a 3–2 vote with conditions.
• Received updates on the NDSCS Career Innovation Center and the Main Avenue reconstruction project; no formal action was taken on those updates.
• Appointed Susan Thompson as Director of Finance unanimously.
• Approved the NP Parking Garage Third Amendment, the December 30, 2023 dangerous building repair extension, the opioid settlement funds agreement, and the Red River Regional Dispatch Center ground lease, all unanimously.
• Approved all Fargodome-related motions unanimously, setting up a December 5, 2023 special election on the proposed lodging and sales taxes.
• Adjourned to Monday, September 18, 2023 at 5:00 PM.