Fargo City Commission Regular Meeting - November 27, 2023

The Fargo City Commission held its regular meeting on November 27, 2023, at 5:00 PM in Commission Chambers. The meeting included a consent agenda, public hearings, presentations, and votes on zoning changes, a land management permit appeal, a purchasing policy, federal aid project priorities, and a massage therapy ordinance. The meeting adjourned at 6:09 PM.

Consent Calendar

• Approved 46 items including letters of support, ordinance amendments, license extensions, contracts, change orders, grant awards, and resolutions. Notable items: Letter of support for Precision Plumbing project to the ND Opportunity Fund, approval of ARPA funding allocation to the 2023 General Fund, acceptance of a $264,000 Back the Blue Grant for the Fargo Police Department, and a $750,000 COPS Hiring Program Grant for six police officers.

Public Comments & Testimony

• Wess Philome expressed concern about the Downtown Noise and Vibration Study, criticizing how data was presented and suggesting that businesses could be negatively impacted. He opposed any efforts to install sound limiters on sound systems, calling such measures an infringement on First Amendment rights.
• Marilyn Sites, a neighbor of 338 9th Avenue South, spoke against the land management permit for a wildflower/grass planting on city-owned property, stating it harbors pests, is not maintained, and has degraded her property. She questioned why the protests of ten neighbors were ignored.

Discussion Items

• Appeal of Board of Adjustment Decision (338 9th Ave S): The Commission reviewed an appeal of the Board of Adjustment's decision to uphold a land management permit for native plantings on city-owned land. The property owner had obtained a permit to establish wildflowers and grasses, but neighbors appealed. The City's Planning Director Scott Lindau explained that the permit was issued per Chapter 11 of the municipal code. A maintenance and use agreement with the adjacent property owner was now in place. After public hearing, a motion to uphold the Board of Adjustment's decision failed 2-3 (Preston and Mahoney aye; Kolpack, Piepkorn, Strand nay). Commissioner Piepkorn argued it sets a dangerous precedent to allow a neighbor to use city land in this way, while Commissioner Preston considered it a positive precedent for native landscaping. The motion's failure effectively reversed the Board's decision, denying the permit.
• Zoning Changes (Public Hearings):
  • Ekman Addition (1728 42nd Street South): Rezone from GC (General Commercial) to MR-3 (Multi-Dwelling Residential). Applicant Tyler Sheeran of Commonwealth Development Corporation plans a 40-unit senior apartment complex (age 55+). Approved unanimously.
  • Urban Plains by Brandt Seventh Addition (multiple parcels on Seter Parkway South): Repeal and re-establish a C-O (Conditional Overlay) to consolidate three existing overlays, and approval of a plat. Approved unanimously.
  • Timber Parkway Eighth Addition (5056 Charles Way South): Repeal and re-establish a C-O overlay to update standards. Approved unanimously.
  • Timber Parkway Tenth Addition (5107 and 5161 Charles Way South): Same as Eighth Addition. Approved unanimously.
• Purchasing Policy and Procedure Manual: Presented by Finance Director Susan Jacobson and Purchasing Manager Tanner Schmidt. The policy updates procurement limits, adds exempt purchases, and improves internal controls. Approved unanimously.
• Federal Highway Administration Priority Projects: Jeremy Gorden presented 26 projects across eight funding categories for 2024-2028, including street reconstructions, shared-use paths, traffic signal adaptive systems, and safety improvements. The project list was approved unanimously. Commissioner Strand asked about the Second Avenue walkway (not a priority).
• Massage Therapy Establishments Ordinance (2nd Reading): Amends Sections 13-1801, 13-1802, 13-1806 to update regulations. After a procedural issue, the Commission voted unanimously to waive second reading, then final adoption passed 4-1 (Strand nay).
• Property Tax Exemptions: Approved eight applications for 5-year exemptions on building improvements.
• Appointments to Boards and Commissions: Approved appointments to the Historic Preservation Commission and Planning Commission.

Key Outcomes

• Land Management Permit Denied: The Commission voted 2-3 against upholding the Board of Adjustment's decision, effectively denying the permit for native plantings on city property at 338 9th Avenue South. The property will be mowed as green space.
• All four zoning changes (Ekman, Urban Plains, Timber Parkway 8th & 10th) approved unanimously (5-0).
• Purchasing Policy approved unanimously.
• Federal Aid Project List approved unanimously.
• Massage therapy ordinance adopted 4-1 (Strand dissenting).
• Property tax exemptions and board appointments approved unanimously.
• Liaison Reports:
  • Commissioner Strand reported on the National League of Cities conference, highlighting housing topics (inclusionary zoning, preservation, commercial conversions, and accelerated permitting) and public safety technologies (drones, license plate readers, flock cameras).
  • Mayor Mahoney reminded the public about the upcoming vote on the Fargo Dome (December 5, 2023) and encouraged absentee voting (deadline December 4).
  • Commissioner Preston reported on the FM Coalition to End Homelessness conference, noting awards for the Harm Reduction Program and a discussion on the epidemic of loneliness.