Fargo City Commission Meeting - December 11, 2023

The Fargo City Commission convened at 4:00 PM for an executive session in the Red River Room to discuss pending opioid litigation with McKinsey & Company and to receive attorney advice on Fargo Municipal Code Sections 10-0307 (Persons Using Streets Not to be Molested) and 10-0311 (Panhandling). The executive session, authorized under NDCC 44-04-19.1 subsections 2, 5, and 9, lasted from 4:02 PM to 4:55 PM. The regular meeting reconvened at 5:00 PM with all commissioners present except Arlette Preston. Mayor Mahoney presided.

Following the executive session, the Commission voted unanimously (4-0, Preston absent) to opt into the opioid litigation settlement agreement against McKinsey & Company. Additionally, they voted 4-0 to direct the City Attorney to prepare ordinances repealing Sections 10-0307 and 10-0311 (panhandling and related ordinances) and to place them on first reading at the next regular meeting, while also considering other enforcement ordinances.

The Mayor read announcements: Gingerbread house decorating sessions on December 14 (Northport Library) and December 16 (Main Library); Job Service ND at downtown Main Library on December 19; all libraries accepting cold weather items for Mitten Trees; Fargo Police Traffic Safety Unit patrolling; and recognition of city departments in the Xcel Energy Holiday Lights Parade.

Consent Calendar

The Commission approved the Consent Agenda (items 1–49) by a 4-0 roll call vote. Routine approvals included:

• Letter of Support for J & S Holdings, LLC project to the ND Opportunity Fund.
• Amendment to Developer Agreement, Tax Increment Note, Certificate of Completion, and Private Placement Memorandum with Wild Oak Group, LLC (TIF District 2020-01).
• Tax abatement #4549 for property at 2609 11th Street South: value reduced from $319,900 to $289,800 (staff recommendation).
• Findings, Conclusions, and Order regarding License Violation of District 64.
• Lease Extension Agreement with Red River Properties, LLP for Police Department Building.
• First reading of ordinances: Enacting Section 8-0610 (Rotary Traffic Islands) and Amending Section 25-1508 (Alcoholic Beverages).
• Second reading and final adoption of several rezoning ordinances (Ekman Addition, Urban Plains by Brandt Seventh, Timber Parkway Eighth and Tenth Additions).
• Applications for Games of Chance: NDSU Saddle and Sirloin raffle (2/10/24), NDSU Men’s Lacrosse Club raffle (3/16/24), The Outdoor Adventure Foundation raffle (3/23/24).
• Consent to Construct Agreement with 221 Main, LLC.
• Developer Agreement with Urban Plains Land Company, LLC.
• Multiple change orders and bid awards (e.g., Negative Final Balancing Change Order No. 2 for Project SR-23-A1: -$135,314.00; Bid award to Parsons Electric LLC for $927,349.00; Bid award to Northern Improvement Co. for $346,494.03; Bid award to PCI Roads LLC for $536,628.71).
• Purchase Agreement, Sales Contract Addendum with Wells Fargo Bank (Improvement District BN-23-E1).
• Creation of Improvement District No. TN-23-A.
• Amended Engineers Report for Improvement District No. BR-23-G1.
• Multiple final balancing change orders for improvement districts (e.g., BN-22-C1: -$504,886.62; BN-22-F1: $6,509.21; BR-23-C1: $43,496.90; UN-23-A1: -$167,152.75).
• Contract and bond for Improvement District No. BR-24-A1.
• Master Services Agreements for Engineering/Architectural Services (RFP24010 and RFP24011) with CMTA Engineering and Walker Consultants.
• Receive and file General Fund Budget to Actual unaudited monthly financial statements through 11/30/23.
• Resolutions prescribing rates for Forestry Utility and Street Lighting/Traffic Control Devices System effective 1/1/24.
• First Amendment to Joint Powers Agreement (Red River Regional Dispatch Center) with West Fargo, Moorhead, Cass County, Clay County.
• Notice of Grant Award from ND Department of Emergency Services for FY 2023 State Homeland Security Program ($136,000).
• Mutual Aid Agreement with City of Jamestown, ND Fire Department.
• Bid award to Carr’s Tree Service, Inc. for winter pruning operations ($144,899.00).
• Notice of Grant Award from ND Department of Health and Human Services for Regional Public Health (CFDA #93.991).
• City of Fargo Employment Policy Revisions (work week, annual leave, sick leave, overtime, longevity, referral bonus).
• Memorandum of Understanding with ATF regarding National Integrated Ballistic Information Network (NIBIN).
• Directive to City Attorney to draft amendment to City Ordinance 8-0806 (Officer to Report).
• Bid awards for refuse trucks: two auto side load trucks ($598,674.00), one container handler truck ($144,760.00), one high compaction front load truck ($353,839.00) – all to Sanitation Products.
• Purchase of eight 2024 Police Department replacement vehicles from Nelson’s Auto Center ($380,759.52).
• Final Balancing Change Order No. 5 for Project SW 22-01 ($60,145.19).
• Memorandum of Understanding with City of Moorhead for MATBUS software purchase.
• Resolution authorizing issuance and sale of $6,400,000 Taxable Sales Tax and Water Revenue Bond and ND State Revolving Fund loan for Project WA2255.
• Bills in the amount of $10,363,120.88.

Public Comments & Testimony

• Resident Comment: Deni Paramarta spoke about the prairie garden at 338 9th Avenue South. He expressed disappointment with the Commission’s November 27 decision to mow down the garden, noting that only one neighbor had complained (Marilyn Sites) while a professor of entomology, Dr. Daryl Ross, had spent years and thousands of dollars converting an abandoned lot into a native prairie garden with city forestry department approval. He urged commissioners to listen to experts and professionals in addition to citizens.

Discussion Items

• Public Hearing Continued to 1/8/24: Application by John Deere Electronic Solutions for a property tax exemption for a project at 4101 19th Avenue North (manufacturing and programming). The Commission voted 4-0 to continue the hearing to January 8, 2024.

• Tax Abatement #4552 (2653 45th Street South): Deputy City Assessor James Hanley explained that the applicant, Cafe Holdings LLC, requested value reduction from $2,378,000 to $1,100,000 for 2023. Staff recommended reducing to $2,090,000 after review, and the appellant agreed. The Commission approved the value adjustment to $2,090,000 by a 4-0 vote.

• North Broadway Bridge (Project QR-23-A0) Discussion: City Engineer Tom Knakmuhs presented a feasibility study update. He reviewed three options:

  • Option 1: Replace bridge at same elevation (benefits > costs).
  • Option 2A/2B: Replace at higher elevation (costs > benefits).
  • Option 3: No replacement (costs > benefits; permanent detour with traffic calming on 10th Street North). A public survey (over 1,200 responses) showed 62% of respondents want a bridge (38% prefer no build). However, most respondents were not willing to pay special assessments; 59% said no to any payment, and 57% said no regardless of amount. If forced to pay less than $500 over 25 years, 43% still preferred no bridge. Clay County commissioners had a motion for option 3 (no build) which failed 2-3; they expressed concerns about funding local share (estimated at $5.3 million for option 1). The City of Fargo has $2.4 million in Prairie Dog funds earmarked; remaining costs could impact other CIP projects (e.g., NP Avenue, pavement rehab). No decision was made; the item will return in two weeks.

• Reconsideration of Prairie Garden Decision (338 9th Avenue South): Commissioner Strand moved to reconsider the November 27 vote denying a land management permit for a prairie garden. He noted public outcry and the need to follow Robert’s Rules. Commissioner Kolpack supported reconsideration after receiving more information and assurance of maintenance documentation. Commissioner Piepkorn opposed, raising concerns about public land use, maintenance costs, weed control, and policy fairness. The motion passed 3-1 (Piepkorn voting no). The topic will be placed on the next agenda for a full public hearing.

• Appointments to Metro Flood Diversion Board: Mayor Mahoney recommended reappointing the current slate. The Commission approved the appointments unanimously (4-0).

• Liaison Commissioner Reports: Commissioner Strand reported on the Human Rights Commission and DEI department, inviting everyone to the Martin Luther King Day celebration on January 15. Mayor Mahoney provided a public service announcement about cloudy tap water in winter (air bubbles, safe to drink).

Key Outcomes

• The Commission voted unanimously to opt into the opioid litigation settlement against McKinsey & Company.
• The Commission directed the City Attorney to prepare ordinances repealing panhandling and related code sections, with first reading at the next meeting.
• The Consent Agenda with 49 items was approved.
• The public hearing for John Deere Electronic Solutions’ tax exemption was continued to January 8, 2024.
• Tax abatement for Cafe Holdings LLC (2653 45th Street South) was approved, reducing value to $2,090,000 for 2023.
• Discussion on the North Broadway Bridge was deferred; a decision is expected in two weeks.
• The Commission voted 3-1 to reconsider the November 27 decision on the prairie garden at 338 9th Avenue South, scheduling a public hearing for the next meeting.
• Appointments to the Metro Flood Diversion Board were approved unanimously.
• The meeting adjourned at 5:40 PM to the next regular meeting on December 26, 2023, at 5:00 PM.