OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Fargo City Commission Regular Meeting - November 27, 2023

City CommissionMonday, November 27, 2023
BodyFargo, North Dakota
SessionCity Commission
DateMonday, November 27, 2023
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
3:34

We'll call this meeting to order.

3:36

We'll begin with a Pledge of Allegiance.

3:37

I invite you to join us.

4:00

Preston.

4:00

Here.

4:01

Strand.

4:01

Here.

4:02

Mahoney.

4:03

Here.

4:03

Hell.

4:04

December first is the thirty-fifth commemoration of the World's AIDS Day.

4:08

And this year's theme is World's AIDS Day Thirty-Five.

4:11

Remember and commit.

4:24

All three library locations have mitten trees, and staff are accepting new or handmade mittens as well as hats and scars of any size to provide a member of the community who need the most.

5:00

The bus will be parked at various locations December 6th and 7th, and will be parked at the police department on December 6th from 11 to 1145 a.m.

5:08

Please consider stopping by and placing the donations on the Matt Bus holiday bus.

5:13

Other the annual drinking water taste test was held in October at North Dakota Water and Pollution Control Conference in Grand Forks.

5:21

Fargo won the award for best tasting drinking water in North Dakota in 2023.

5:26

And now are eligible to compete in the National Best Tasting Water Competition in June in Anaheim.

5:33

Joining us today virtually to speak on behalf of the North Dakota American Water Works Association is Jim Kershaw, water of part uh plant superintendent in Bismarck.

5:43

Hi, Jim.

5:44

You ready to tell us some good news?

5:46

Greetings, Mayor and Commissioners and Citizens of Fargo.

5:49

I'm ready to talk to you again.

5:52

Uh as you said, I'm Jim Kershaw, I'm not Santa Claus, although I may look like him a little bit.

5:58

And I am the I am the City of Bismarck's water pond superintendent and the new chairman of the North Cruise section of the AWA.

6:06

The North Dakota AWA sponsors the best tasting drinking water award.

6:11

Last year on Halloween, I appeared here and congratulated Fargo on winning that award at the 2022 conference.

6:20

At this time, like at that time, I said I look forward to going up against you in the other cities at the 2023 conference in Grand Forks.

6:28

Well, that conference was held about six weeks ago, and I wanted to congratulate you for the repeat win that your water team pulled off.

6:36

The other towns that made the top three were Valley City, who has won it many times in the past, and McVeil, a town of 383 people who won the award in 2021.

6:47

I'm sorry it took so long to address you this time, but I was glad for your win, but it took me some time to get over the R loss.

6:54

I was a little jealous.

6:59

In the past, other cities have won it more than once, but not in consecutive years.

7:04

All the sample states are good, so there might be a little luck involved in your repeat, but it is also testament that your team is making a quality product.

7:12

I found out later that I voted for your sample out of the nine or ten samples that were there.

7:17

So I helped you with the win.

7:20

I'm also ashamed to admit that after Troy accepted the award and the banquet was over and pictures were being taken.

7:27

I went to get my personal congratulations, and something came over me.

7:31

And I tried grabbing the award and running off with it.

7:34

Troy locked a hold of it, and a grappling match ensued for five or ten minutes.

7:39

Or maybe it was five or ten seconds.

7:41

Time just kind of stood still.

7:43

Neither of us were gaining an advantage when a couple of thoughts came over me.

7:47

One, I was showing poor sportsmanship, and two, there were more Fargo employees than there were Bismarck employees, and my staff was nowhere to be found.

7:57

In the words of Ron White, I didn't know how many it would take, but I knew how many you had.

8:02

Also earlier in the day, I was introduced to a Fargo employee who they said was quite a wrestler back in the day.

8:09

He would have been more than enough to turn the tide.

8:12

So I let go of the award, and Troy held it over his head in triumph.

8:17

We all had a good laugh and a gesture of good sportsmanship and friendship.

8:21

Troy let my director and I share in the victory by including us in a group picture.

8:25

Commissioner Kolpak has all the pictures to prove this happened because I sent them to her.

8:31

You know, I have met many of your water staff, and they are a very professional and hardworking group of people.

8:37

They continue to use the tools that are given them to improve the quality and quantity of your drinking water.

8:44

When you get the mighty Missouri River water as a source, you will really have it made.

9:03

Once again, congratulations, and I still look forward to going up against you in the other cities when the conference is held next year in my night in October of 2024.

9:14

No pressure, but if you win next year, I would show better sportsmanship and would be happy to appear at your meeting again.

9:20

Just from Mellenburg, together you are four more.

9:25

I would answer any questions you guys might have.

9:28

So thank you.

Discussion Breakdown — Share of Meeting
Zoning█████████████████████████████29%
Fiscal Sustainability████████████████16%
Procedural█████████████13%
Engineering And Infrastructure███████7%
Water And Wastewater Management█████5%
Noise Ordinance█████5%
Affordable Housing█████5%
Homelessness█████5%
Public Safety████4%
Summary of Proceedings

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.

Meeting Transcript

We'll call this meeting to order. We'll begin with a Pledge of Allegiance. I invite you to join us. Preston. Here. Strand. Here. Mahoney. Here. Hell. December first is the thirty-fifth commemoration of the World's AIDS Day. And this year's theme is World's AIDS Day Thirty-Five. Remember and commit. All three library locations have mitten trees, and staff are accepting new or handmade mittens as well as hats and scars of any size to provide a member of the community who need the most. The bus will be parked at various locations December 6th and 7th, and will be parked at the police department on December 6th from 11 to 1145 a.m. Please consider stopping by and placing the donations on the Matt Bus holiday bus. Other the annual drinking water taste test was held in October at North Dakota Water and Pollution Control Conference in Grand Forks. Fargo won the award for best tasting drinking water in North Dakota in 2023. And now are eligible to compete in the National Best Tasting Water Competition in June in Anaheim. Joining us today virtually to speak on behalf of the North Dakota American Water Works Association is Jim Kershaw, water of part uh plant superintendent in Bismarck. Hi, Jim. You ready to tell us some good news? Greetings, Mayor and Commissioners and Citizens of Fargo. I'm ready to talk to you again. Uh as you said, I'm Jim Kershaw, I'm not Santa Claus, although I may look like him a little bit. And I am the I am the City of Bismarck's water pond superintendent and the new chairman of the North Cruise section of the AWA. The North Dakota AWA sponsors the best tasting drinking water award. Last year on Halloween, I appeared here and congratulated Fargo on winning that award at the 2022 conference. At this time, like at that time, I said I look forward to going up against you in the other cities at the 2023 conference in Grand Forks. Well, that conference was held about six weeks ago, and I wanted to congratulate you for the repeat win that your water team pulled off. The other towns that made the top three were Valley City, who has won it many times in the past, and McVeil, a town of 383 people who won the award in 2021. I'm sorry it took so long to address you this time, but I was glad for your win, but it took me some time to get over the R loss. I was a little jealous. In the past, other cities have won it more than once, but not in consecutive years. All the sample states are good, so there might be a little luck involved in your repeat, but it is also testament that your team is making a quality product. I found out later that I voted for your sample out of the nine or ten samples that were there. So I helped you with the win. I'm also ashamed to admit that after Troy accepted the award and the banquet was over and pictures were being taken. I went to get my personal congratulations, and something came over me. And I tried grabbing the award and running off with it. Troy locked a hold of it, and a grappling match ensued for five or ten minutes. Or maybe it was five or ten seconds. Time just kind of stood still. Neither of us were gaining an advantage when a couple of thoughts came over me. One, I was showing poor sportsmanship, and two, there were more Fargo employees than there were Bismarck employees, and my staff was nowhere to be found. In the words of Ron White, I didn't know how many it would take, but I knew how many you had. Also earlier in the day, I was introduced to a Fargo employee who they said was quite a wrestler back in the day. He would have been more than enough to turn the tide. So I let go of the award, and Troy held it over his head in triumph. We all had a good laugh and a gesture of good sportsmanship and friendship.

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