Fargo City Commission Meeting – December 26, 2023

The Fargo City Commission met on Tuesday, December 26, 2023, at 4:00 PM for an executive session regarding threatened litigation at 501 Main Avenue and negotiating strategy, authorized under NDCC 44-04-19.1 subsections 2, 5, and 9. The regular meeting convened at 5:00 PM in the Commission Chambers. The Commission approved a 42-item consent agenda, conducted several public hearings for alcoholic beverage licenses, reconsidered a land management plan permit, accepted the Fargo Fire Department’s 2024‑2029 Strategic Plan, heard an update on the 2024‑2027 Engineering Capital Improvement Plan (CIP), and voted on the future of the North Broadway Bridge. Liaison assignments were also updated.

Consent Calendar

• Canvassing Board Results (December 5 Special Election): Accepted results and withdrew from final passage of two ordinances related to a lodging tax and a sales tax for the Fargodome conference center.
• Ordinance Repeal: Waived the one‑week reading requirement and gave first reading to repeal sections on “Persons Using Streets not to be Molested” and “Panhandling.”
• Rotary Traffic Islands & Alcoholic Beverage Ordinances: Second reading and final adoption for both.
• City Deposits/Withdrawals Resolution: Authorized officers to make deposits and withdrawals.
• Games of Chance: Approved five raffle applications (Isaac Douglas Benefit, El Zagal Temple, NDSU Saddle and Sirloin, St. John Paul II Catholic Schools, El Zagal Shrine Arab Patrol).
• Maintenance Certification: For urban federal aid projects with NDDOT.
• Street Light Pole: Bill of sale with Xcel Energy for a pole at 613 1st Avenue North.
• Engineering Service Amendments: KLJ ($28,857.10 for FM‑24‑A0); Apex Engineering Group ($140,071.00 for NR‑24‑A0).
• Final Balancing & Change Orders: Items for improvement districts BR‑23‑E1, BR‑22‑C1, PN‑23‑A1, PR‑23‑F1, PR‑23‑G1, FM‑22‑C3, and Fire Station 8 construction/electrical.
• Bid Awards: Dakota Underground Company ($4,107,126.09 for BR‑24‑B1); Select Pro Cleaning ($636,300 for City Hall/Sky Commons); Automated Maintenance Services ($447,037 for Fargo Cass Public Health); Osgood Cleaning Services ($266,400 for downtown Library); Sanitation Products (two refuse trucks, $395,923 and $191,736); Via Mobility LLC for paratransit software/hardware.
• Master Services Agreement: With JLG Architects for engineering/architectural services (RFP24011).
• Lease & Extension: Tenth amended lease with NDSU for the Fargodome; acknowledgment of extension with Ovations Food Services.
• Policy Adoption: Purchasing Card Policy and Purchasing Policy/Procedure Manual.
• Fire Department: Capital fund rollover and budget adjustment for recruitment.
• Public Health Grants: Budget adjustments for infrastructure/workforce grant (CFDA #93.967), opioid stimulant misuse, and substance abuse prevention.
• Property Orders: Direct City Attorney to amend findings for 1208 University Drive South (contingent on ownership transfer) and 1710 1st Avenue South (repair by June 28, 2024).
• Police Academy: Overfill January 22, 2024 class by five sworn positions.
• Exempt Purchases: Parts/service from New Flyer Industries and Cummins NP ($250,000 each).
• Electrical Services Extension: One‑year extension with Sun Electric for Water Treatment Plant.
• Bond Amendment: Amended and restated $98,000,000 Sales Tax and Water Revenue Bond (Series 2013B) and loan agreement with ND Public Finance Authority.
• Bills: Approved in the amount of $10,814,828.92.

All consent items were approved unanimously on a roll call vote.

Public Comments & Testimony

• No Resident Comments: Item 43 of the regular agenda had no speakers.
• Public Hearings (Alcoholic Beverage Licenses) — No public speakers appeared for any of the five hearings (items 44‑48).
• Public Hearing – Land Management Plan Reconsideration (Item 49):
  • Dr. Darrell Ross (co‑owner of adjacent property at 340 9th Avenue South) spoke in support of his urban prairie planting. He apologized for not obtaining a permit initially, emphasized the ecological benefits, and stated the planting is only 2,000 square feet. He noted that the complaining neighbor misrepresented the number of nearby residents and that most neighbors support the prairie. He provided letters of support.
  • Erica Venberg (Fargo resident) spoke in favor of the prairie garden, calling it a wonderful initiative and expressing disappointment that a single neighbor could derail the process. She urged the Commission to reconsider favorably.
  • Marilyn Sites (opposing neighbor) objected to the “weed patch” on city property in her front yard, questioned how the city existed before the planting, and said Dr. Ross violated her privacy by publishing her floor number. She asserted that Ross should plant on his own property.

Discussion Items

• Fargo Fire Department 2024‑2029 Strategic Plan: Chief Dirksen presented the five‑year plan developed with community and internal stakeholders. Key goals include safeguarding through prevention, improving alternative response models (medical and fire), recruiting/retaining top talent, managing physical resources (including joint training facility with West Fargo), and adapting to new technologies (lithium‑ion battery risks, drones, data analytics). The Chief noted that the department expects to become very young—nearly 40% of firefighters will have less than three years’ experience after staffing Station 8. The plan was approved unanimously.
• Engineering CIP Update (2024‑2027): City Engineer Tom Knakmuhs provided an update on the four‑year Capital Improvement Plan. He presented funding challenges: sales tax needs are outpacing revenues, and special assessment caps have not kept pace with construction inflation (averaging ~7.2% annually over 15 years). Proposed is a 20% increase in caps in 2024, followed by 7.19% increases in 2025‑2027, which would result in an ~80‑20 city‑to‑special‑assessment cost split. Without the increase, the split would be ~85‑15. Knakmuhs noted that of 214 parcels assessed for 2024 street projects with the 20% increase, only 8 protests (≈4%) were received. Commissioners discussed alternative funding sources: increasing utility rates, modifying the sales tax allocation (e.g., moving the flood diversion quarter‑cent to streets), creating a street utility fee, or using a portion of the mill levy. No vote was taken; the final CIP approval is scheduled for the next meeting.
• North Broadway Bridge Decision (Project QR‑23‑A0): Engineer Knakmuhs outlined three options:
  1. Reconstruct at similar elevation.
  2. Reconstruct above the 100‑year floodplain (2A on similar alignment, 2B realigned to Royal Oaks Drive North).
  3. Do not reconstruct; install permanent traffic calming on 10th Street North and request MetroCOG remove the project from the TIP. Commissioner Piepkorn moved to move the project from 2026 to 2028 in the TIP, move the 17th Avenue South project from 2027 to 2026, and direct staff to work with Clay County on alternative funding. The motion passed 3‑2 (Kolpack, Piepkorn, Mahoney aye; Preston, Strand nay). Commissioners Preston and Strand opposed, stating they need more information on federal grant opportunities and partner funding before selecting a bridge option. Commissioner Piepkorn argued that building a bridge that floods (Option 1) is “dumb” given the $3 billion diversion project. The Commission did not vote on a preferred bridge option, as no motion was made.

Key Outcomes

• Fire Dept. Strategic Plan: Approved unanimously.
• Land Management Plan Reconsideration:
  • Motion to uphold the Board of Adjustment’s decision reaffirming the Forestry Department’s approval of the Land Management Plan at 338 9th Avenue South passed 4‑1 (Kolpack, Preston, Strand, Mahoney aye; Piepkorn nay).
  • Motion to approve the License Agreement with Darrell Ross and Kimberly Wallin for the city‑owned property at that address also passed 4‑1 (same vote).
• Alcoholic Beverage Licenses: All five transfer/new applications approved unanimously.
• Board of Health Appointments: Reappointed West Fargo Mayor Bernie Dardis and Fargo City Commissioner Arlette Preston, and appointed Cass County Commissioner Jim Kapitan to three‑year terms ending December 31, 2026. Approved unanimously.
• MetroCOG Policy Board Appointment: Tommy Schmidt appointed unanimously.
• North Broadway Bridge: Project moved from 2026 to 2028 in the TIP (subject to MetroCOG approval); 17th Avenue South moved up one year; staff directed to seek alternative funding with Clay County. (Motion passed 3‑2.)
• Adjournment: The meeting adjourned at 6:53 PM. The next regular meeting is scheduled for Monday, January 8, 2024, at 5:00 PM.