Fargo City Commission Regular Meeting – October 2, 2023

The Fargo City Commission met on Monday, October 2, 2023, at 5:00 PM in the Commission Chambers. The meeting included a consent agenda, multiple public hearings, approval of the 2024 final budget, and other routine business. Mayor Tim Mahoney presided. The pre-scheduled executive session at 4:30 PM was cancelled.

Consent Calendar

• Approved the order of the agenda, withdrawing Item No. 29 (Updated art concept for Skyway Mosaic project) and Item No. 56 (Agreement with T&K Property Management LLC) from the regular agenda.
• Approved the minutes of September 18, 2023.
• Approved all 38 consent agenda items (excluding withdrawn Item 29) including:
  • Letter of Support for The Wave Water Park project to the ND Opportunity Fund.
  • Second reading of an ordinance on safety belt use.
  • Waived second readings for ordinances on lodging tax and sales tax for the Fargodome (to be placed on the December 26, 2023 agenda).
  • Seven games of chance applications.
  • Direction to amend municipal code to add three alcoholic beverage licenses to Class “C” and “W”.
  • Extension of a Class “FA” license for Johnny Carino’s until March 31, 2024.
  • 2024 City Commission meeting dates.
  • Contract and bond for Project BP-23-0.
  • ND DOT participation agreement for Project QR-24-A1.
  • Consent to construction agreement with 9th & Main, LLC.
  • Change Order No. 1 ($65,450 and 35-day extension) for Project SR-23-A1.
  • Final balancing change orders for Projects MP-20-A2 ($0) and PR-23-A1 (-$4,706.72).
  • Contract Amendment No. 2 with Apex Engineering ($94,559) for Improvement District BR-23-G0.
  • Creation of Improvement District BR-24-A.
  • Easement offers with Easter Seals Good Will ND and FM Property Pros II.
  • Grant awards: FY2023 Emergency Management Performance Grant ($338,921 for the Bomb Squad), Community Grant Program, Maternal and Child Health, Women Infants and Children program.
  • Extension of architectural services at Fargodome (R.L. Engebretson Architects).
  • Change Order No. 4 ($5,880) for Fire Station No. 8.
  • Direction to review Articles 13-10, 13-14, and 13-18.
  • Master Clinical Affiliation Agreement with UND.
  • Vacating findings for property at 509 21st Street North.
  • Setting public hearing (Oct 16, 5:15 PM) for dangerous building at 924 7th Street North.
  • Updated art concept for Skyway Mosaic (withdrawn).
  • Bid awards: Ford F-450 ($56,173 to Nelson Auto Center), 2024 Fire Pumper Truck ($628,464.59 via Sourcewell).
  • Extension of snow groomer services agreement.
  • Resolutions for Solid Waste Revenue Bonds ($701,000 Series 2023E and $10,647,000 Series 2023F).
  • Bid award to Excavating Inc. ($6,165,624.20) for Cell 21 Waste Excavation.
  • ND DOT Section 5310 Transit Grant Agreement.
  • Services agreement with Minnesota Municipal Utilities Association for safety training.
  • Bills in the amount of $16,670,812.67.

Public Comments & Testimony

• John Campbell (Executive Director, Fargo Moorhead Coalition to End Homelessness) spoke in support of the Downtown Engagement Center (DEC), arguing that defunding it would severely limit services for the most vulnerable and set the community back years. He emphasized the DEC’s role in providing safe shelter, showers, medical help, and coordinated services.
• Ginny Stoe (resident and employee of Churches United) also spoke in support of the DEC, noting that over 1,000 individuals are homeless on any given night. She warned that closing the DEC would lead to unsafe situations and a catastrophic loss for the community, especially as cold weather approaches.
• Tim Nation (resident) spoke during the public hearing on Improvement District BN-21-A, arguing that the city cannot levy special assessments for a bridge located outside municipal limits (in Stanley Township) under North Dakota Century Code. He requested denial of that district. The item was continued to October 16, 2023, for a legal interpretation.

Discussion Items

• EOLA Second Addition (Item 40): Planning staff presented a minor subdivision, zoning change, and PUD amendment for the EOLA development, including a water park and hotel. The project includes modifications to setbacks and parking. No public opposition. Approved unanimously.
• Dangerous Building at 1809 14th Avenue South (Item 41): Staff presented a garage with a collapsed roof and leaning walls, meeting 8 of 10 dangerous building criteria. The owner is current on taxes. Approved to direct the City Attorney to prepare findings and authorize removal if not removed by December 1, 2023.
• Corvent Medical Tax Exemption (Item 42): The company reapplied for a property tax exemption at a new location (4837 Amber Valley Parkway South) for manufacturing medical ventilators. The company will expand from 3,000 to 14,600 sq ft, with 6 full-time employees growing to 70 by 2027. Average compensation over $115,000 including benefits. The Economic Development Incentive Committee recommended approval. Approved unanimously.
• MATBUS Route 18 Changes (Item 43): Staff proposed removing a loop in the Osgood area to improve on-time performance. The route currently takes 90 minutes; removing 2 miles and 8 stops (651 rides over 5 months, about 2 per day) will save 4 minutes. Approved unanimously, effective October 30, 2023.
• Main Avenue Reconstruction (Item 55): Staff recommended Alternative C2 (5-lane to 4-lane, no building impacts), Option 1 (widened sidewalks from 23rd to 25th Streets), and Option 3 (north curb reconstruction at University Drive). Commissioner Preston questioned pedestrian safety improvements. The motion passed unanimously.
• 2024 Final Budget (Item 57): Finance Director Susan Thompson presented modifications from the preliminary budget, including adjustments to property tax allocations, state aid, and enterprise fund transfers. The total general fund budget is $119.77 million, with a 7.1% increase. Key drivers: staffing for Fire Station No. 8, public safety initiatives, and two additional mills for community safety (funding police equipment, fire equipment, public health harm reduction, security upgrades, and a compensation study). The net increase for a $275,000 home is $145/year ($12/month). Commissioner Piepkorn opposed, citing the 100% increase in franchise fees and regressive impact on low-income residents. Commissioner Kolpack supported the budget but called for better communication and next year’s budget process to start earlier. Commissioner Strand emphasized the need to address growth and safety. The budget was approved 5-1 (Piepkorn nay).
• Appointments to Boards and Commissions (Item 58): Approved appointments to the Human Rights Commission and Library Board. Unanimous.
• Property Tax Exemptions for Improvements (Item 59): Approved six applications for 5-year exemptions on residential improvements. Unanimous.
• Liaison Commissioner Assignment Updates (Item 60): Commissioners reported on the ND League of Cities conference, fire academy graduation, and other liaisons.

Key Outcomes

• Consent Agenda: Approved unanimously.
• EOLA Second Addition: Approved unanimously (PUD amendment, zoning change, plat, and first readings of ordinances).
• Dangerous Building (1809 14th Ave S): Approved to direct removal per ordinance.
• Corvent Medical Tax Exemption: Approved unanimously.
• MATBUS Route 18 Changes: Approved unanimously, effective October 30, 2023.
• Special Assessment Lists:
  • BID fees and unpaid utility bills: Approved.
  • Sidewalk projects SR-22-A and SR-22-B: Approved.
  • Improvement districts (47 items): Item c (BN-21-A) continued to October 16, 2023, for legal review on assessing outside city limits; all other items approved.
• Alcoholic Beverage Licenses:
  • Continued to October 30, 2023: El Agave Mexican Restaurant (Class FA) and Cairo Restaurant (transfer).
  • Approved: Chub’s Pub (ownership change, Class AB), SOHO23 (Class GH), Uncorked Lounge (Class W), The 40Fifty Lounge (Class CW), The 1889 (Class W). All unanimous.
• Main Avenue Reconstruction: Approved Alternative C2 with Options 1 and 3 unanimously.
• 2024 Final Budget: Approved 5-1 (Piepkorn dissenting).
• Board/Commission Appointments: Approved unanimously.
• Property Tax Exemptions: Approved unanimously.
• Meeting adjourned at 6:44 PM to next meeting on October 16, 2023, at 5:00 PM.