Fargo City Commission Regular Meeting – November 16, 2023

The Fargo City Commission convened at 4:00 PM on November 16, 2023, beginning with an executive session to discuss participation in class action settlements with 3M and DuPont (authorized under NDCC 44-04-19.1 subsections 2 and 9). The public meeting reconvened at 5:00 PM. The commission considered a range of topics including downtown revitalization, noise ordinance enforcement, transportation projects, bond issuance, and budget adjustments.

Consent Calendar

• Approved 31 items, including first and second readings of ordinances (railroad franchise, alcoholic beverages, recreational aquatic facilities, hotels/motels), findings for dangerous buildings at 1208 University Drive S and 1710 1st Avenue S, a $500 fine for a liquor license violation at the Old Broadway, games of chance applications, contracts and bonds for multiple projects, change orders, bid awards (notably a $3.4 million award to Dakota Underground for Improvement District BR-24-A1 and bid awards for snow removal, a wheel loader, and motor graders), pipeline easement with Northern States Power, software agreement with Tyler Technologies, lease with CapFirst Equipment Finance, a resolution supporting the adjusted Fargo-Moorhead Urbanized Area Boundary, appointment of two alternate municipal court judges, and bills totaling $16,658,540.70.

Public Comments & Testimony

• No resident comments were presented.

Discussion Items

• Executive Session & 3M/DuPont Settlement: The commission voted unanimously (5-0) to authorize the city attorney and administration to prepare and serve requests for exclusion, opting the City of Fargo public water system out of the proposed class action settlements in the Aqueous Film-Forming Foams Products Liability Litigation (MDL No. 2:18-mn-02873).
• Appeal of Board of Adjustment Decision (Land Management Permit at 338 9th Avenue S): The property, owned by the city, had been planted with native wildflowers by adjacent homeowners. Neighbors appealed the permit approval due to concerns about noxious weeds and maintenance. Commissioner Kolpack moved to table the decision until a maintenance and use agreement is finalized (expected in two weeks). The motion passed unanimously (5-0), continuing the hearing to November 27, 2023, at 5:15 PM.
• Downtown InFocus Take Action 2023 Implementation Plan: Scott Page from Interface Studio presented a 20-action operational plan focused on four themes: implementation roles (clarifying responsibilities), public realm (Broadway maintenance, 2nd Avenue redesign, riverfront development, City Hall Plaza), inclusive growth (addressing homelessness, mixed-income housing), and public financing (incentive policies, transparent RFP process). The plan is a living document; the public comment period is open. Staff will report back in two to four weeks.
• Noise and Vibration Study Final Report: Stephen Martin from Veneklasen Associates presented findings from a three-week monitoring period (summer 2023). The study measured noise levels downtown and found that current commercial district limits (65 dBA day/60 dBA night) are appropriate. Complaints during the study primarily involved street performers and venue noise exceeding 65 dBA. Recommendations included updating the noise code to clarify measurement procedures and enforcement, exploring sound limiters for venues, and potentially installing permanent monitoring stations. Commissioner Kolpack requested staff return with ordinance revision recommendations. Commissioner Strand emphasized engaging businesses, citizens, and performers. No formal action was taken; direction was given to staff to research ordinance changes and technology solutions.
• Federal and State Aid Transportation Project Applications 2024–2028: Jeremy Gorden, Transportation Division Engineer, presented a comprehensive list of projects for eight funding programs. Highlights included: $10 million request for NP Avenue corridor flex funds (8th Street to Broadway), shared-use path extensions in Deer Creek and drain 53, adaptive traffic signals on 45th Street, brick intersection replacements on Broadway (Second, Fourth, and Sixth Avenues), reconstruction of University Drive north of I-29 and Main Avenue concrete pavement repair, 17th Avenue South and First Avenue North rebuilds, and safety improvements (J-turn at 52nd Avenue/27th Street, pedestrian safety at University/25th Avenue, widening on 45th Street). The presentation was for information; formal approval is expected at the next meeting.
• $42 Million Refunding Improvement Bonds, Series 2023D: The city sold bonds that morning with 13 bids received. JP Morgan won with a true interest cost of 4.32%, about 100 basis points lower than projected. Moody's confirmed the city's AA2 rating with a stable outlook. The resolution to issue the bonds was adopted unanimously (5-0).
• First Readings of Ordinances:
  • Ordinance amending massage therapy establishment regulations (Sections 13-1801, 13-1802, 13-1806) approved 4-1 (Commissioner Strand dissenting).
  • Ordinance amending classification of ordinance violations (Section 1-0305(A)(1)) approved unanimously (5-0). Commissioner Strand confirmed no ordinances lead to felonies.
• Appointments to Commissions: Approved appointments to the Human Rights Commission and Native American Commission unanimously (5-0).
• Property Tax Exemptions: Approved 12 five-year exemptions for building remodels (e.g., Bruce Morgan, Michael Joyce, GMM Properties, etc.) unanimously (5-0).
• Budget Adjustments (Item 22): Finance Director Susan Thompson presented adjustments totaling a net $2 million reduction in revenues, offset by approximately $2 million in salary savings from vacant positions. The adjustments align the budget with actual expectations. Approved unanimously (5-0).
• Liaison Commissioner Assignment Updates: Commissioners provided reports. Commissioner Piepkorn announced that the ultraviolet water treatment system became fully operational on November 1, further improving water quality and bringing PFAS levels to undetectable. Commissioner Strand reported attending the National League of Cities and an Auschwitz Institute program on genocide prevention.

Key Outcomes

• Voted unanimously (5-0) to opt out of 3M/DuPont class action settlements.
• Continued the appeal hearing for the land management permit to November 27, 2023, pending a maintenance agreement.
• Directed staff to research noise ordinance revisions, enforcement tools (including sound limiters), and legal compliance with First Amendment protections.
• Accepted the Downtown InFocus Take Action 2023 plan and opened a public comment period; staff to report back in 2–4 weeks.
• Received the Federal/State Aid Transportation Project list; formal approval scheduled for November 27, 2023.
• Adopted the resolution for $42 million in refunding improvement bonds (Series 2023D) at a 4.32% rate.
• Approved first readings of two ordinances (massage therapy and classification of violations).
• Approved appointments, property tax exemptions, and budget adjustments as presented.
• Meeting adjourned at 6:35 PM; next regular meeting set for November 27, 2023, at 5:00 PM.