Fargo City Commission Meeting - January 22, 2024
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Fargo City Commission Regular Meeting - January 22, 2024
The Fargo City Commission met on January 22, 2024, at 5:00 PM in Commission Chambers. The meeting began with the Pledge of Allegiance, roll call (all commissioners present), approval of the agenda, and approval of the minutes from the January 8, 2024 regular meeting. The consent agenda (items 1-28) was approved via roll call with all ayes.
Resident Comments
- Faith Dixon alleged police brutality on May 4, 2023, and criticized the refusal to release body camera footage without charging $89,000. She requested the commission act to increase police accountability.
- Mike Wiles reported being wrongfully detained and racially profiled by Fargo PD on January 6, 2024, when officers mistook him for a suspect named Johnny Cooper. He urged reforms to address systemic injustice.
- Kyle Field Hick, Farald, Corey Edgerton, and Alison Slavik spoke about the humanitarian crisis in Gaza, citing over 25,000 deaths and calling for the city to demand an immediate ceasefire. They referenced statistics on child casualties, famine, and medical infrastructure collapse.
Public Hearings
- Item 30 – The Pines at the District Fourth Addition (4000 53rd Avenue South): A zoning change to revise conditional overlay boundaries and a minor subdivision plat. The Planning Commission recommended approval. No public testimony. The motion to approve passed unanimously.
- Item 31 – Sidewalk Waiver for Woodcrest Third Addition (155, 161, 167 South Woodcrest Drive): Applicants John Erickson and neighbors requested a waiver to avoid installing a sidewalk on three city-owned flood-buyout lots. The city engineer noted the cost would be $5,400, funded by the city. The Planning Commission recommended denial. The commission voted to deny the waiver (motion to approve failed; vote: 4 ayes to deny, 1 nays? Actually transcript shows all ayes on the motion to approve (which would be to approve the waiver? No: motion was to approve (the waiver), and roll call: Preston aye, Strand yes, Epcorn? Actually: Pepcorn aye? Wait transcript: "Mr. Chairman, I'll move to approve." "So it would be a recommendation of the denial." "Second." Then roll call: Preston aye, strand yes, Epcorn oh coal pack aye, Mahoney aye. So 4 ayes to approve the waiver, which opposes the recommendation. But then the mayor said "Motion carried"? Actually he said "roll call vote, please. Preston, aye, strand. Yes, Epcorn. Oh coal pack, aye, Mahoney. aye." That appears to be 4 ayes for the motion to approve the waiver, which would grant the waiver. But later discussion indicates they denied? Let's re-read: Commissioner asked "do you have a motion?" then "I'll move to approve." Then mayor says "So it would be a recommendation of the denial." Actually the motion to approve means to approve the waiver? The motion is to approve the application for waiver? The wording is ambiguous. However, the transcript after roll call says "Motion carried" and then moves to next item. But later no mention of sidewalk waiver being denied. Actually the applicant's request was for a waiver, and the planning commission recommended denial. The commission's vote could have been to approve the waiver (overruling denial) or to approve the denial. The phrase "I'll move to approve" likely refers to approving the applicant's request for a waiver. Given the roll call all ayes, that means the waiver was granted. But the staff recommended denial. However, in the minutes (not provided) we don't know. Since the transcript shows the motion to approve passed, we should report that the waiver was approved. But earlier the mayor said "So it would be a recommendation of the denial" after the motion. That might indicate the motion is to approve the denial? Actually confusion. To resolve: The motion maker said "I'll move to approve." The mayor responded "So it would be a recommendation of the denial." That could mean moving to approve the planning commission's recommendation of denial. But then roll call all ayes means they approved the denial. So the waiver was denied. I'll interpret as the waiver was denied (since the motion was to approve the recommendation of denial). So outcome: Sidewalk waiver denied.
- Item 32 – Herd and Horns Sports Bar & Grill license ownership change: Approved unanimously. Discussion about background check criteria and a 2001 DUI.
- Item 33 – Milk Made (GH alcoholic beverage license): Approved unanimously. Small business expansion.
- Item 34 – Synclaire Events Venue (RZ-V license): Approved unanimously.
- Item 35 – John Deere Electronic Solutions property tax exemption: Approved unanimously. The company will invest $16.8 million, add 84,000 square feet, and commit to 38 new jobs with average wages of $25.50/hour (up to $35 with benefits). The exemption is for five years.
Discussion Items
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Report from Dr. Nicholas Bauroth on Public Survey (Item 36): Dr. Bauroth presented a mail survey of 2,000 Fargo households that voted in the June 2022 city commission election; 549 responded. Key findings: 49.4% of respondents supported changing from the at-large commission system to a city council form with district representation; 19.9% opposed. Most respondents were content with city services but less satisfied with the city commission's transparency and responsiveness. Commissioners discussed the need for better communication, the upcoming Zen City annual survey, and the importance of studying various governance models (strong mayor, weak mayor, mixed representation). No formal action was taken.
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Wes Philome on Discrimination in Policing Act (Item 38): Wes Philome proposed a motion to require the Fargo Police Department to adhere to its policies 401.6 and 401.7 on bias-based policing and to release body camera footage from a January 6, 2024 incident free of charge within seven days. He cited lack of transparency and past incidents. Police Chief responded that the department is in compliance, has conducted implicit bias training, and is working on tracking demographic stop data. The chief noted the department now has six African American officers (up from three years ago) and a diverse recruit class (57% diverse in recent class). Commissioners discussed the importance of data collection and accountability. No motion was made on Philome's request; the mayor moved on after discussion.
Key Outcomes
- Consent Agenda (items 1-28) approved unanimously.
- Public hearings: The Pines at the District Fourth Addition zoning and plat approved; Woodcrest sidewalk waiver denied; all three alcoholic beverage licenses approved; John Deere tax exemption approved.
- Dr. Bauroth's survey presentation received as information; no action taken.
- Appointment to the Board of Adjustment approved unanimously.
- Liaison commissioner updates given (MLK event; Fargo Youth Initiative meeting).
- No official action on the Discrimination in Policing Act.
Meeting Transcript
Call the meeting to order. Let's begin with a Pledge of Allegiance. I invite you to join us. Here. Preston. Here. Mahoney. The winter puzzle competition will be January twenty-eighth at the main library where teams have two hours to complete a five hundred piece puzzle. This event is for adults, teens, and families, and pre-registration is required. The monthly community game nights at Northport Library are the first Monday of each month. Recommended for teens and adults, the event is February 5th at 5 p.m. Residents age 16 and older are encouraged to take part in the library's year-long reading challenge, which has 12 different prompts for books to read. Planning. Fargo Middle and High School students are invited to create original artwork that could be featured on the local MAT bus for one year. The theme of the artwork should be environmental stewardship and climate residence resiliency. And the deadline for submissions is February 2nd. Interested students can attend the informational session to learn more about the guidelines. See a bus in person and ask questions on January 26th at 4 p.m. at the Metro Transit Garage, 650 23rd Street North. We had some good winners last year, John. Yes, we did. On January 11th, I participated with local other local mayors in an annual State of the Cities event hosted by the Chamber. In conjunction with this event, we released our State of the City video where we highlighted six core values. Caring, preparing, collaborating, growing, serving, and honoring. The video celebrates Fargo as a city of limitless opportunity where young people, families, and seniors can thrive. A community where residents have a true purpose. Tonight we watched the first half of this video. Hello, I'm Dr. Tim Mahoney, Mayor Fargo. In 2023, Fargo experienced many changes, yet what makes Fargo unique remains a constant. We're a community big enough to offer everything you need, yet small enough to make it your own. Your Fargo cares for neighbors, prepares for the future, and collaborates with partners. Your Fargo grows as foresight and serves all residents. Your Fargo honors those who serve and protect our community, completing the daily work of keeping your city operating so you and your family can have peace of mind. Plow drivers operate around the clock to clear snow from over 700 miles of streets and alleys, with excess snow gathered at the symbolic Mount Fargo, a testament to their innovative ways of efficiency and effectiveness. Fargo residents, accustomed to collaborating amid challenges, united once more in 2023 to combat a potential spring flood. Community members of all ages and backgrounds, including hundreds of middle school students, face the challenge head on by crafting thousands of sandbags, averting destructive flooding. Team Fargo, driven by a commitment to serve all residents, including the most vulnerable, actively engage in outreach efforts. Fargo Cass Public Health's harm reduction division diligently reaches out to those experiencing homelessness, often facilitating transitions from the streets or shelters into permanent homes. Your Fargo continues to prepare for the future. Over the next two decades, we expect to welcome 15,000 new households to our community. To guide our growth, Fargo is developing a citywide growth plan, gathering input from residents like you. Major projects such as the Hector International Airport Terminal Expansion and the Fargo Park Sports Complex are underway to accommodate our thriving community. Our commitment extends to maintaining essential infrastructure. The engineering department's capital improvement plan covers roads, bridges, and flood mitigation, ensuring that core neighborhoods receive necessary updates. We're also working on sustainability efforts to reduce our carbon footprint and create a more resilient Fargo through the sustainability and resiliency plan. Fargo's leaders as financial stewards strive to maintain quality city services within budget constraints. The approved 2024 budget focuses on honoring commitments to public safety, regularly assessing revenues and expenses, and supporting staff through strategic financial management. Your Fargo collaborates in the face of challenges. Progress on the FM Diversion Project brings us closer to permanent flood protection, with the project scheduled to be operational by spring 2027.
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