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Record of Proceedings

Fargo City Commission Regular Meeting - April 29, 2024

City Commission — Monday, April 29, 2024
BodyFargo, North Dakota
SessionCity Commission
DateMonday, April 29, 2024
StatusFILED
Video Record
0:00 / 1:32:28

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
2:54

From nineteen ninety.

2:56

We'll call the meeting to order.

2:58

I'll begin with the Pledge of Allegiance.

2:59

I invite you to join us.

3:19

Call Pack here.

3:22

Preston.

3:22

Here.

3:23

Strand?

3:24

Here.

3:24

Mahoney?

3:25

Here.

3:26

Health.

3:26

Farrow Cash Public Health Spring Social is April 30th from five to six thirty PM.

3:32

That is tomorrow.

3:33

The community is invited to attend to visit about all things public health and hear a message from Health Officer Dr.

3:39

Tracy Newman.

3:46

So we suggest you greet her and say goodbye.

4:16

Uh, visit FargoPass Public Health.com to get started.

4:20

The library.

4:22

Teams are invited to sign up to the Stressless Kit during the May uh week of May twelfth to help with stressors at this time of year.

4:30

It contains tools and tips for stress management, including breathing exercise, stress balls, and more.

4:35

Registration is required in the library's website, and kits will be available at pick up at each library location.

4:51

Guidelines, rules, and information are all available through the library's website.

4:55

One lucky artist will get their photograph on the cover of Northern Narratives two thousand twenty-four.

5:02

And finally, the annual cleanup week begins next Monday, May 6th.

5:06

And again, this year will be a two-week event with pickup happening on your recycling day.

5:12

We have a short video with a reminder of some of the rules to ensure we have another successful cleanup week in Fargo.

5:20

The annual cleanup week is almost here.

5:23

This year it will take place during the weeks of May 6th and the 13th.

5:26

And like last year, we'll follow the recycling collection schedule.

5:30

The week of May 6th is the A week, and the week of May 13th is the B week.

5:35

Debris should be placed out on the boulevard before 7 a.m.

5:38

on your pickup date.

5:39

Please don't place out items multiple days in advance, as damage from weather can make your items difficult to pick up.

5:45

The rules are the same this year as in past years, there are items that you can leave out.

5:50

Please separate items of the same type into distinct files as separate trucks collected different items.

5:56

For more information, please visit Cleanup Week.com.

6:13

Is there a motion to approve the order of agenda moving item five from the consent agenda to the regular agenda?

6:20

So move.

6:21

Is there a second?

6:22

Second.

6:23

Moved and seconded.

6:24

Any discussion?

6:24

All in favor say aye.

6:26

Aye.

6:27

Those and opposed, say nay.

6:29

Motion carried.

6:30

Sir a motion to approve the minutes of the April 15th, 2024 regular meeting.

6:34

So moved.

6:35

Is there a second?

6:37

Second.

6:38

Any discussion or changes?

6:40

All those in favor say aye.

6:41

Aye.

6:42

Motion carries.

6:52

No move.

6:53

Strand, is there second?

6:55

Second.

6:56

Cole back.

6:58

Any discussion or changes?

Discussion Breakdown — Share of Meeting
Alcoholic Beverage Licensing██████████████████18%
Human Rights Commission█████████████13%
Procedural███████████11%
Affordable Housing█████████9%
Public Engagement████████8%
Public Infrastructure████████8%
Homelessness████████8%
Downtown Revitalization███████7%
Zoning████4%
Summary of Proceedings

Fargo City Commission Regular Meeting - April 29, 2024

The Fargo City Commission held its regular meeting on April 29, 2024, at 5:00 PM in the Commission Chambers. The meeting included approval of a consent agenda, public comment on the Israel-Gaza conflict, several public hearings, and updates on affordable housing, downtown parking, and winter shelter initiatives. Key decisions included approval of a liquor license, zoning change, tax exemption for senior housing, TIF funding for Lashkowitz, and adoption of new governance policies.

Consent Calendar

  • Approved the order of agenda, moving item 5 (background checks for liquor license owners/managers) to the regular agenda.
  • Approved minutes of the April 15, 2024 regular meeting.
  • Approved the consent agenda (items 1-4, 6-32) with a roll call vote: Strand (yes), Colpack (aye), Pepcorn (aye), Preston (aye), Mahoney (yes).

Public Comments & Testimony

  • Prairie Johnson (virtual) urged the commission to call for a ceasefire in Gaza, stating that U.S. tax dollars should not fund war crimes. She referenced mass graves and executions, and asked the commission to work with the Human Rights Commission, which had passed ceasefire resolutions.
  • Cody Schuler (ACLU of North Dakota) supported the proposed public comment policy, emphasizing it would expand citizen participation and First Amendment rights.
  • NERS Abu Thailands criticized the commission for not passing a ceasefire resolution, calling their silence complicity.
  • Sade Aweis stated that the commission's actions are divisive and that protesters will not stop until the violence ends.
  • Andrew Nelson (Fargo resident) cited statistics: over 34,000 Palestinians killed, including 13,000 children, and 60% of buildings damaged. He argued that U.S. tax dollars are funding the conflict and urged the commission to support a ceasefire.
  • Sina (virtual) spoke about the power imbalance and called for a ceasefire without watering it down.
  • Allison Slavic detailed the killing of aid workers and children, stating that since the April 1 meeting, over 1,000 Palestinians had been killed. She noted that between 5:00 PM and the end of the meeting, an average of 12 children died in Gaza.

Public Hearings

  • Item 34: Class C Alcoholic Beverage License for AKC Hoff Co. (Good Times on NP) – Located at 623 NP Avenue, the license allows beer-only sales and a physical bar. The business concept is a mocktails and comedy club. The Police Department recommended approval. No public opposition. Approved unanimously.
  • Item 35: Erskine’s Addition Zoning Change – Rezoning from MR-2 and SR-3 to P/I (Public and Institutional) for a church at 1002 and 1008 10th Street South. The Planning Commission recommended approval. No public opposition. Approved unanimously.
  • Item 36: Payment in Lieu of Tax Exemption (PILOT) for NEX Senior, LLC – A 40-unit affordable senior housing project at 1728 42nd Street South (vacant since 1970s). The 17-year zero property tax exemption (except on land) was recommended by the Economic Development Incentives Committee (4-1 vote). Concerns were raised about higher soft costs due to federal regulations (Davis-Bacon, legal costs for syndication). The developer, Tyler Shannon (Commonwealth Development), confirmed the project uses 9% Low-Income Housing Tax Credits. Commissioner Strand asked about ownership changes; the affordable requirement remains for 30 years. Approved unanimously.

Discussion Items

  • Item 37: TIF Funds for Lashkowitz Housing Project – Jim Gilmour proposed providing $536,000 in TIF funds for architectural improvements and washers/dryers in each unit. An additional $8,900 in TIF funds was received. Commissioner Preston requested a long-term plan for the TIF district. Construction is expected to start June 2, 2024, with closing on June 1. Approved unanimously.
  • Item 38: NP Parking Garage Project Update – Susan presented financing plans: $16 million in appropriation bonds (interest-only for a few years) and an interfund loan using excess cash from a debt service fund. A revised interfund loan policy and an enabling ordinance were received and filed for first reading, with final approval expected in four weeks. Commissioner Preston requested a parking study and financial proforma, scheduled for May 17. The commission approved the motions to receive and file both items. Approved unanimously.
  • Item 39: Update on Overnight Winter Weather Initiative at Engagement Center – Brenda Derrick reported that the initiative (funded by ARPA and a FEP grant) will close April 30. From November 15, 2023 to April 25, 2024, there were 8,096 encounters, 698 unique individuals, 233 new to City services, and 86 successful diversions to shelters, hotels, family, or friends. Average length of stay was 8 nights. Only $50,000 of the $152,000 ARPA allocation was spent. A full report and next steps (including a neighborhood outreach team) are planned. No vote required.
  • Item 40: Governance Policies Resolution – The commission adopted a resolution codifying governance policies (code of conduct, agenda rules, public comment changes) developed over 10 months. Public comment will move to the end of meetings, and agenda comment will be before agenda items. Implementation will be phased by July 1, 2024. Commissioner Preston asked about parliamentarian training and effectiveness reviews. Approved unanimously.
  • Item 40a: Review of Boards, Commissions, and Committees – Staff presented options: internal review, commissioner feedback, or a facilitated meeting. Mayor suggested a July timeline for commission discussion. Commissioner Strand recommended including existing board members. No action taken; staff will prepare a report for July.
  • Item 5 (from consent): Background Checks for Liquor License Owners/Managers – Steve Sprague explained the ordinance change to require annual background checks for all owners and general managers at renewal, but only for incidents after June 30, 2024 (grandfathering). The Police Department will evaluate suitability based on existing criteria. If a manager is deemed unsuitable, the liquor control board may deny the license, with appeal to the commission. Commissioner Strand expressed concern about not differentiating felonies; Chief clarified that each case is evaluated individually. Approved unanimously.

Key Outcomes

  • Approved (all unanimous):
    • Class C liquor license for Good Times on NP (item 34).
    • Erskine’s Addition zoning change (item 35).
    • PILOT for NEX Senior affordable senior housing (item 36).
    • TIF funding for Lashkowitz Housing Project (item 37).
    • Received and filed NP Parking Garage financing documents and revised interfund loan policy (item 38).
    • Governance policies resolution (item 40).
    • Background check ordinance for liquor license owners/managers (item 5).
    • Library Board appointments (item 41).
  • No action on boards/commissions review (item 40a); staff to report back in July.
  • No vote on winter weather initiative update (item 39); report noted.
  • Next meeting scheduled for May 13, 2024 (first meeting under new governance policies).

Meeting Transcript

From nineteen ninety. We'll call the meeting to order. I'll begin with the Pledge of Allegiance. I invite you to join us. Call Pack here. Preston. Here. Strand? Here. Mahoney? Here. Health. Farrow Cash Public Health Spring Social is April 30th from five to six thirty PM. That is tomorrow. The community is invited to attend to visit about all things public health and hear a message from Health Officer Dr. Tracy Newman. So we suggest you greet her and say goodbye. Uh, visit FargoPass Public Health.com to get started. The library. Teams are invited to sign up to the Stressless Kit during the May uh week of May twelfth to help with stressors at this time of year. It contains tools and tips for stress management, including breathing exercise, stress balls, and more. Registration is required in the library's website, and kits will be available at pick up at each library location. Guidelines, rules, and information are all available through the library's website. One lucky artist will get their photograph on the cover of Northern Narratives two thousand twenty-four. And finally, the annual cleanup week begins next Monday, May 6th. And again, this year will be a two-week event with pickup happening on your recycling day. We have a short video with a reminder of some of the rules to ensure we have another successful cleanup week in Fargo. The annual cleanup week is almost here. This year it will take place during the weeks of May 6th and the 13th. And like last year, we'll follow the recycling collection schedule. The week of May 6th is the A week, and the week of May 13th is the B week. Debris should be placed out on the boulevard before 7 a.m. on your pickup date. Please don't place out items multiple days in advance, as damage from weather can make your items difficult to pick up. The rules are the same this year as in past years, there are items that you can leave out. Please separate items of the same type into distinct files as separate trucks collected different items. For more information, please visit Cleanup Week.com. Is there a motion to approve the order of agenda moving item five from the consent agenda to the regular agenda? So move. Is there a second? Second. Moved and seconded. Any discussion? All in favor say aye. Aye. Those and opposed, say nay. Motion carried. Sir a motion to approve the minutes of the April 15th, 2024 regular meeting. So moved. Is there a second?

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