OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Fargo City Commission Regular Meeting July 22, 2024: Dangerous Building Extension, TIF History, Nuisance Vehicles, and License Approvals

City CommissionMonday, July 22, 2024
BodyFargo, North Dakota
SessionCity Commission
DateMonday, July 22, 2024
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

July 24th at 1 p.m.

0:01

at the Carlson Library.

0:03

And a salary eats to Kid Story Town on July 25th at 10 a.m.

0:07

the main library.

0:09

And finally, a cupcake decorating contest for teens will be August 1st at 1 p.m.

0:14

at Carlson Library.

0:16

This event is free of all materials will be provided for and pre-registration is required.

0:21

July 25th at 10 a.m.

0:24

Don't quite know why we're getting an echo.

0:27

Is there a motion to approve the order agenda withdrawing item 20-d and moving items 22, 23, and 24 from the consent agenda to the regular agenda for further discussion?

0:39

So moved.

0:40

Sir second.

0:41

Second.

0:41

All those in favor say aye.

0:43

Aye.

0:44

Motion carried.

0:45

Sir motion to approve the minutes of July 8th, 2024 regular meeting, and the July 15th special meeting.

0:52

So moved.

0:53

Is there a second?

0:54

Second.

0:54

Any corrections?

0:56

All those in favor say aye.

0:58

Aye.

0:58

Aye.

0:59

Motion carried.

1:01

So a motion to approve the consent agenda items one through 32, excluding item 20, which has been withdrawn, and items 22, 23, 24, which have been moved to the regular agenda.

1:12

So moved.

1:12

Is there a second?

1:15

Second.

1:16

Roll call vote, please.

1:17

Colpack.

1:18

Aye.

1:18

Turnberg.

1:19

Aye.

1:19

Epcorn.

1:20

Hi.

1:21

Strand?

1:21

Yes.

1:22

Mahoney.

1:23

Hi.

1:25

We're a little early.

1:26

Way early.

1:30

On a public hearings.

1:33

Mike, are you ready with the presentation and tax increment financing?

1:38

Is that a yes?

1:40

That's a yes.

1:44

Mayor, excuse me.

1:45

You do have um prior to that number 33 recommendation to deny the request for extension.

1:52

But that's open for public discussion, is it not?

1:55

No, that is not.

1:56

There's nobody here.

1:58

I don't believe so, but I'm not sure.

2:00

Oh, there is, yes.

2:01

I'm sorry.

2:02

You could recognize the speaker if you wish, but it's not a public hearing that requires a 515.

2:08

Okay.

2:08

Uh Mike, do you mind if I have that?

2:11

Go ahead.

2:11

Okay.

2:13

Item 33 recommendation tonight.

Discussion Breakdown — Share of Meeting
Public Engagement█████████████████17%
Procedural██████████████14%
Historic Preservation█████████████13%
Alcoholic Beverage Licensing█████████████13%
Public Safety███████████11%
Engineering And Infrastructure█████████9%
Economic Development███████7%
Public Works██████6%
Homelessness████4%
Summary of Proceedings

Fargo City Commission Regular Meeting – July 22, 2024

The Fargo City Commission met on Monday, July 22, 2024, at 5:00 PM in the Commission Chambers. The meeting covered a wide range of items including approval of a 90-day extension for repairs on a dangerous building, a presentation on the history of Tax Increment Financing (TIF), updates on a draft nuisance vehicle ordinance, approval of multiple alcoholic beverage licenses and ownership changes, and appointments to various boards and commissions. Public comment addressed the Israel-Hamas conflict and homelessness.

Consent Calendar

  • Approved unanimously items 1–32, excluding item 20d (withdrawn) and items 22–24 (moved to regular agenda). Major items included: dangerous building orders for 1011 University Dr N and 421 15th Ave N; rezoning ordinance for Cityside Addition; pledged securities through June 30, 2024; games of chance site authorizations and applications; various change orders and final balancing change orders for improvement districts; bid award to Northern Improvement Co. ($3,768,706.31) for Improvement District BN-24-C1; termination of encroachment agreement with Park District for Island Park Pool bleachers; speed limit reduction along 32nd Avenue South and University Drive South; prequalification of eight vendors for HVAC and Plumbing Services; FAHR staff reports (including General Fund budget-to-actual and year-end projections through June 30, 2024, and 2024 State Aid Award for Library); Mutual Aid MOU with West Fargo Fire Department; change orders for Fire Station No. 8 (electrical and general construction contracts); bid award for on-call transportation services to Doyle’s Yellow Checker Cab, Inc.; notice of grant award for school-located clinics to boost childhood immunization; directive to review and update Electrical Code (Chapter 23); CDBG/HOME 2023 Action Plan amendment; plat approvals for Edgewood Estates Third Addition and Agassiz First Addition; Master Project Agreement for advanced metering infrastructure (Project WA2402); and bills totaling $11,974,269.92.

Public Comments & Testimony

  • Olivia Fischer (Fargo resident): Stated a request for written responses from each commissioner asking, "Are you ashamed of yourselves for not condemning a genocide?" and argued that the city’s tax dollars are funding Israeli weaponry and the killing of Palestinian civilians. She described decades of occupation and displacement, and urged the commission to divest.
  • Isabetta Herrera (via conference call): Spoke about homelessness in Fargo, sharing a personal story of narrowly avoiding homelessness despite working full time. She opposed banning tents on public property, arguing that a proposed $35/day camping fee ($1,085/month) exceeds average rent in Fargo and would not solve homelessness. She also referenced $2 million of Fargo taxpayer money going to Israeli weaponry, suggesting it could instead fund 242 households in public housing, and called for increased funding for shelter and outreach.
  • Andrew Nelson (mentioned in minutes, transcript does not capture his comments).

Discussion Items

  • Item 33 – Dangerous Building Extension (1710 1st Avenue South):

    • Applicant Jamie Swinson requested a 90-day extension to complete repairs on a 1,636 sq ft two-story wood frame structure. City staff recommended denial, citing failure to provide an engineering report despite a previous 180-day extension, poor track record, and concerns about completion. Swinson countered that he had invested $16,000 in foundation reinforcement (Ram Jack), worked 220 hours during winter, and recently hired an engineer who deemed the structure sound. He stated his intent to renovate the home into a single-family residence.
    • Commissioners expressed support for saving the house. Commissioner Piepkorn made a motion to grant the 90-day extension, contingent on receiving the engineering report and ensuring the building is no longer dangerous. The motion passed unanimously (5-0).
  • Item 43 – Presentation of Tax Increment Financing (TIF) History:

    • City Assessor Michael Splonskowski presented a comprehensive overview. Key data: Since 1982, Fargo has implemented 32 TIF projects. Total base value at start: $152 million; value at expiration: $1.2 billion (700% increase, ~17%/year). Estimated tax base grew from $2.2 million to $11.4 million (408% increase, ~10%/year). For 15 expired projects, base value grew from $11 million to $489 million (4,300% increase, 116%/year). Average project lifespan ~10–13 years. Commissioners noted the program's value and urged careful use.
  • Item 44 – Draft Ordinance on Nuisance Vehicles:

    • Assistant City Attorney Ian McLean and Police Chief David Zibolski presented proposed legislative changes to address racing, exhibition driving, and unreasonably noisy vehicles. State statutory limitations currently cap fines at $50 for exhibition driving and $100 for racing, with no escalation for repeat offenders. Proposed changes include increasing fines, allowing cities to set penalties, and escalating fines for repeat offenses. A draft local ordinance would give a 30-day fix period for illegal exhausts, with potential vehicle impoundment upon second offense through court action. No action was taken; the item was informational. Commissioners expressed frustration at the lack of local authority and vowed to make it a legislative priority. Chief Zibolski noted that a fleeing vehicle owner liability bill is also needed.
  • Items 36–41 – Alcoholic Beverage Licenses and Ownership Changes:

    • All items were approved unanimously after public hearings. Details:
      • Item 36: Class “CW” license for PKPham Inc d/b/a The Nail Company (2911 45th Street South). Approved.
      • Item 37: Class “F” license for Martini Blu at the Grotto LLC (3233 45th Street South). Approved.
      • Item 38: Class “F” license for Dami & Company, LLC d/b/a SOHO23 (1450 25th Street South). Upgrade from beer/wine license. Approved.
      • Item 39: Class “F” license for Guadalajara Mexican Restaurant, LLC (1324 25th Avenue South). New business. Approved.
      • Item 40: Ownership change for Class “AB” license for Demeske Enterprises d/b/a Tailgators Sports Café (1322 Main Avenue) due to death of one owner. Approved.
      • Item 41: Ownership change for Class “F” license for Mangos Inc. d/b/a Mangos (2901 Main Avenue). A five-percent partner with background concerns was removed. Approved. Commissioners noted that Mangos recently suffered a fire and discussed potential license hiatus issues; staff will follow up.
  • Item 42 – Consolidated Annual Performance Evaluation Report (CAPER) for 2023 HUD Action Plan (CDBG and HOME Programs):

    • Public hearing held; no action required. Planning Director Nicole Crutchfield presented highlights: demolition projects with Community Land Trust, land acquisition with Beyond Shelter, multifamily construction underway with Habitat for Humanity, and COVID-era assistance (over 2,500 individuals for emergency housing). Public comment period ends July 25, 2024.
  • Items 45–46 – Appointments and Property Tax Exemptions:

    • Appointments to Arts and Culture Commission, Historic Preservation Commission, Native American Commission, Board of Adjustment, and Renaissance Zone Authority were approved unanimously.
    • Twelve property tax exemption applications (for improvements to buildings) were approved unanimously for 5-year terms.
  • Items 22–24 – Fire Station No. 8 Change Orders (moved from Consent):

    • Fire Chief Dirksen explained three change orders totaling approximately $36,414.95, covering conduit/wiring relocation for AC units, station alerting system changes, electrical and framing modifications, and fireproof sheetrock. He confirmed the project remains under budget (budget $5.775 million, currently at $5.4 million). Approved unanimously.

Key Outcomes

  • Dangerous Building Extension Approved: Commission voted 5-0 to grant a 90-day extension to Jamie Swinson for 1710 1st Avenue South, contingent on receiving an engineering report and ensuring the building is no longer dangerous.
  • TIF History Presented: Informational; no action.
  • Nuisance Vehicle Ordinance: Draft presented; no action taken. Staff will continue development and prepare a white paper for the legislative session.
  • Alcoholic Beverage Licenses: Six license applications/ownership changes approved unanimously (roll call votes, each 5-0).
  • CAPER Hearing: Held; no motion required.
  • Appointments and Tax Exemptions: Both approved unanimously.
  • Fire Station No. 8 Change Orders: Approved unanimously (5-0).
  • Consent Agenda: Approved with withdrawals and moves (unanimous).
  • Public Hearings Continued: TIF Renewal continued to August 5, 2024; Fort Noks license continued to September 3, 2024.
  • Liaison Reports: Commissioner Kolpack highlighted a Solid Waste outreach event and thanked departments for the memorial service for Jake Wellin held July 14, 2024.
  • Resident Comments: Two speakers addressed the commission; requests for written responses noted (no action taken).
  • Meeting Adjourned: 6:11 PM.

Meeting Transcript

July 24th at 1 p.m. at the Carlson Library. And a salary eats to Kid Story Town on July 25th at 10 a.m. the main library. And finally, a cupcake decorating contest for teens will be August 1st at 1 p.m. at Carlson Library. This event is free of all materials will be provided for and pre-registration is required. July 25th at 10 a.m. Don't quite know why we're getting an echo. Is there a motion to approve the order agenda withdrawing item 20-d and moving items 22, 23, and 24 from the consent agenda to the regular agenda for further discussion? So moved. Sir second. Second. All those in favor say aye. Aye. Motion carried. Sir motion to approve the minutes of July 8th, 2024 regular meeting, and the July 15th special meeting. So moved. Is there a second? Second. Any corrections? All those in favor say aye. Aye. Aye. Motion carried. So a motion to approve the consent agenda items one through 32, excluding item 20, which has been withdrawn, and items 22, 23, 24, which have been moved to the regular agenda. So moved. Is there a second? Second. Roll call vote, please. Colpack. Aye. Turnberg. Aye. Epcorn. Hi. Strand? Yes. Mahoney. Hi. We're a little early. Way early. On a public hearings. Mike, are you ready with the presentation and tax increment financing? Is that a yes? That's a yes. Mayor, excuse me. You do have um prior to that number 33 recommendation to deny the request for extension. But that's open for public discussion, is it not? No, that is not.

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