OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Fargo City Commission Regular Meeting – October 30, 2023

City CommissionMonday, October 30, 2023
BodyFargo, North Dakota
SessionCity Commission
DateMonday, October 30, 2023
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
4:26

Call the meeting to order.

4:27

I invite you to join us with a Pledge of Allegiance.

4:46

Roll call, please.

4:48

Cold Pack.

4:49

Here.

4:50

Pepcorn.

4:50

Here.

4:51

Preston.

4:51

Here.

4:52

Strand.

4:53

Here.

4:54

Mahoney.

4:55

Here.

5:00

Job Service North Dakota is offering on-site walk-in services at the Carlson Library on November 7th from 2 to 4 p.m.

5:04

Services offer include job seeking assistance, veteran services, information on training programs, resume building assistance, limited unemployment insurance assistance, and migrant and seasonal farm worker services.

5:17

And in November, libraries dance workshop and storytime for kids in partnership with the FM Ballet is on November 8th at 6 30 p.m.

5:26

in the main library.

5:27

We could learn how to do some ballet dance, I think.

5:30

Other dedication ceremony was held on October 27th to mark the turnover of the diversion inlet structure.

5:38

The ceremony was supposed to take place at the site of the inlet near horse, however, due to inclement weather, it was held here in the commission chambers.

5:46

IMS construction, the U.S.

5:48

Carps of Engineers are wrapping up work on the major component of the $3.2 billion FMRA diversion project, which means that it is time for the Metro Flood Diversion Authority to take on operations and maintenance.

6:01

Other components in the project include the rising of I 29, which should be done November 1st, which is it which be able to have two-way traffic up and down, and completing other structures, including the wild rice structure, which is 95% complete, the Red River structure, which is 29% complete, and the Drayton Dam, which is about completed.

6:22

It's a great milestone, just tells us that we're going to get flood protection, and that really helps us move forward.

6:30

Is there motion to approve the order of agenda adding an additional item to the public hearings for the application filed by Dakota Air Parts International for payment in lieu of tax exemption?

6:43

And that items 53B and C the ordinance be received and filed and placed on first reading at the next regular meeting.

6:51

So moved.

6:52

Is there a second?

6:54

Second.

6:54

Any discussion or questions?

6:57

We have something on the Mr.

6:59

Preston.

7:00

Is there something on the table here about the addition?

7:04

Kimmer, do we have an addition for the commissioners?

7:10

Sent by email on Friday.

7:12

Could we just have somebody quickly make copies so the commissioners can have it in print?

7:20

Pardon?

7:23

It'll be in a PowerPoint.

7:25

Okay.

7:27

Any other questions?

7:29

All those in favor say aye.

7:30

Aye.

7:31

Aye.

7:32

Post?

7:33

Nay.

7:34

Motion carried.

7:35

Is there a motion to approve the minutes of the September 18th, 2023 regular meeting?

7:42

Also moved.

7:44

Second.

7:46

Special meeting, I'm sorry.

7:47

Also.

7:47

All those in favor say aye.

7:49

Aye.

7:49

Aye.

7:51

So it was two meetings, regular meeting October 16th, and also the special meeting October 25th.

7:56

Thank you.

7:57

Is there a motion to approve the consent agenda items 1 through 44?

8:02

So moved.

8:03

So move.

8:04

Moved and seconded.

Discussion Breakdown — Share of Meeting
Bridge Reconstruction███████████████15%
Procedural████████████12%
Alcoholic Beverage Licensing████████████12%
Cannabis Regulation█████████9%
Economic Development█████████9%
Public Safety████████8%
Water And Wastewater Management████████8%
Technology and Innovation██████6%
Public Engagement█████5%
Summary of Proceedings

Fargo City Commission Regular Meeting – October 30, 2023

The Fargo City Commission met on Monday, October 30, 2023, at 4:00 p.m. for an executive session and then convened the regular meeting at 5:00 p.m. in the Commission Chambers. The meeting included a consent agenda, multiple public hearings, and discussion of several major items including the North Broadway Bridge feasibility study, advanced metering infrastructure, and a homeless task force. All votes were unanimous unless noted.

Consent Calendar

  • The Commission approved the consent agenda (items 1–44) en bloc, which included routine approvals such as:
    • Amendment to developer agreement with PS Holdings, LLC (Brewhalla TIF)
    • Lease agreement with Prairie Public Broadcasting
    • Various ordinances on first/second reading (railroad franchise, alcoholic beverages, recreational aquatic facilities, hotels/motels, rezoning)
    • Dangerous building order for 924 7th Street North
    • Games of chance applications for five organizations
    • Franchise amendment with Cass County Electric Cooperative
    • Appointment of election workers and canvassing board for the December 5, 2023 special election
    • Special improvement agreements, bid awards, change orders, and easements
    • Grant awards from ND Department of Emergency Services, ND Health and Human Services, and others
    • Contracts for snow removal, software, and lawn care
    • Hate crimes report for Q3 2023
    • Landfill use agreement amendment with Valley City, ND
    • Bills in the amount of $27,894,816.96

Public Comments & Testimony

  • No residents spoke during the resident comments period.

Public Hearings

  • Vacation Plat (Portions of 3rd Avenue N and 3rd Street N) – Approved unanimously. The city will own the vacated right-of-way after quitclaim agreements with adjacent property owners; an easement will be provided to City Center Condo Association.
  • Dangerous Building – 1710 1st Avenue South – Designated dangerous and ordered removed by December 29, 2023. The structure met 10 of 10 criteria; testimony noted squatter activity and extensive damage.
  • Dangerous Building – 1208 South University Drive – Ordered removed by December 29, 2023. The property met 9 of 10 criteria; the owner has a hoarding issue and is working with family to sell.
  • Class “FA” Alcoholic Beverage License – El Agave Mexican Restaurant – Approved unanimously. The applicant previously failed a compliance check; the liquor board recommended approval after hearing his explanation.
  • Transfer of Class “FA” License – from Johnny Carino’s to Cairo Restaurant and Bar – Approved unanimously. The applicant had language barriers; the liquor board recommended approval.
  • Class “ABH” Limited Alcoholic Beverage License – AmericInn Fargo – Approved unanimously.
  • Transfer of Class “A” License – from Hennessey’s to Double Down – Approved unanimously. One owner had a DUI from 15 years ago; no other issues.
  • Gaming Site Authorization – Fargo Angels Hockey Club at Double Down – Approved unanimously.
  • Payment in Lieu of Tax Exemption – Dakota Air Parts Int’l, Inc. – Approved unanimously. The company will expand into a 72,000 sq. ft. facility for Black Hawk helicopter support, adding 7 jobs initially and 9 more in three years. The five-year exemption was supported by a benefit-cost ratio of 107–142.

Discussion Items

  • Update on Massage Therapy Establishment Program – Staff presented licensing options and proposed ordinance revisions to include background checks and increase violations to a Class B misdemeanor. Commissioner Strand opposed, stating the premise was to curb human trafficking but no issues were found. The motion to adopt the resolution and receive the ordinances passed 4–1 (Strand nay).
  • North Broadway Bridge Feasibility Study – Transportation staff and Houston Engineering presented four options: (1) replace at existing elevation ($15–17M construction), (2A) higher bridge to Broadway ($37–39M), (2B) higher bridge to Royal Oaks ($46–48M), (3) no replacement ($0.5M for traffic calming). All options meet hydraulic and permitting requirements. Commissioners discussed costs, property impacts, special assessments, and the need for public input. No decision was made; staff will return in four weeks with a recommendation.
  • Advanced Metering Infrastructure (AMI) Project – Staff requested authorization to publish an RFP for a citywide automated meter reading system. Benefits include reduced water loss (2–10% savings), remote shutoff, and customer monitoring. The project would be funded through a state revolving fund loan. Motion to authorize the RFP passed unanimously.
  • Applications for Abatement or Refund of Taxes #4546 and #4547 – For property at 4773 32nd Street South, the assessor recommended denying the 2022 value ($749,400) and reducing the 2023 value from $887,600 to $784,000. The Commission voted unanimously to deny the 2022 request and approve the 2023 reduction.
  • Agreement to Grant Emergency Egress Easement and Parking Lease Option with T&K Property Management LLC – Approved as presented with redline changes, authorizing the mayor to execute by November 3, 2023, subject to no litigation. Vote was unanimous.
  • Fargo-Moorhead Metropolitan Area Ending Homelessness Task Force – City Administrator provided an update on forming a political alignment meeting with West Fargo, Moorhead, Cass County, and Clay County, planned for early November. A technical advisory group will also be established. No action taken.
  • Recommendation from Commissioner Preston for Changes to Liquor License Ordinance – Proposed requiring scanners, annual background checks, and notification of manager changes. After debate, the motion failed 2–3 (Preston and Strand aye; Kolpack, Piepkorn, Mahoney nay). Commissioners noted the Liquor Control Board is already studying these issues.
  • Recommendation for Appointments to Housing and Redevelopment Authority – Approved unanimously.
  • Applications for Property Tax Exemptions for Improvements to Buildings – Six applications approved unanimously.
  • Liaison Commissioner Assignment Updates – Commissioners reported on board and committee activities, including water treatment plant awards, fire station construction, and the diversion project.

Key Outcomes

  • Consent Agenda – Approved unanimously.
  • Massage Therapy Program – Resolution and ordinances adopted 4–1 (Strand nay).
  • Vacation Plat – Approved unanimously.
  • Dangerous Buildings – Both orders for removal by December 29, 2023, approved unanimously.
  • Alcoholic Beverage Licenses (El Agave, Cairo, AmericInn, Double Down) – All approved unanimously.
  • Gaming Site Authorization (Fargo Angels) – Approved unanimously.
  • Dakota Air Parts PILOT – Approved unanimously.
  • AMI RFP Authorization – Approved unanimously.
  • Tax Abatement (4773 32nd St S) – Denied for 2022, reduced for 2023; approved unanimously.
  • T&K Property Management Agreement – Approved unanimously.
  • Liquor License Ordinance Changes – Motion failed 2–3.
  • HRA Appointments – Approved unanimously.
  • Property Tax Exemptions for Improvements – Approved unanimously.

Meeting Transcript

Call the meeting to order. I invite you to join us with a Pledge of Allegiance. Roll call, please. Cold Pack. Here. Pepcorn. Here. Preston. Here. Strand. Here. Mahoney. Here. Job Service North Dakota is offering on-site walk-in services at the Carlson Library on November 7th from 2 to 4 p.m. Services offer include job seeking assistance, veteran services, information on training programs, resume building assistance, limited unemployment insurance assistance, and migrant and seasonal farm worker services. And in November, libraries dance workshop and storytime for kids in partnership with the FM Ballet is on November 8th at 6 30 p.m. in the main library. We could learn how to do some ballet dance, I think. Other dedication ceremony was held on October 27th to mark the turnover of the diversion inlet structure. The ceremony was supposed to take place at the site of the inlet near horse, however, due to inclement weather, it was held here in the commission chambers. IMS construction, the U.S. Carps of Engineers are wrapping up work on the major component of the $3.2 billion FMRA diversion project, which means that it is time for the Metro Flood Diversion Authority to take on operations and maintenance. Other components in the project include the rising of I 29, which should be done November 1st, which is it which be able to have two-way traffic up and down, and completing other structures, including the wild rice structure, which is 95% complete, the Red River structure, which is 29% complete, and the Drayton Dam, which is about completed. It's a great milestone, just tells us that we're going to get flood protection, and that really helps us move forward. Is there motion to approve the order of agenda adding an additional item to the public hearings for the application filed by Dakota Air Parts International for payment in lieu of tax exemption? And that items 53B and C the ordinance be received and filed and placed on first reading at the next regular meeting. So moved. Is there a second? Second. Any discussion or questions? We have something on the Mr. Preston. Is there something on the table here about the addition? Kimmer, do we have an addition for the commissioners? Sent by email on Friday. Could we just have somebody quickly make copies so the commissioners can have it in print? Pardon? It'll be in a PowerPoint. Okay. Any other questions? All those in favor say aye. Aye. Aye. Post? Nay. Motion carried. Is there a motion to approve the minutes of the September 18th, 2023 regular meeting? Also moved. Second. Special meeting, I'm sorry.

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