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• Approved unanimously items 1–32, excluding item 20d (withdrawn) and items 22–24 (moved to regular agenda).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.