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.