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Record of Proceedings

Fargo City Commission Regular Meeting Summary (August 21, 2023)

City CommissionMonday, August 21, 2023
BodyFargo, North Dakota
SessionCity Commission
DateMonday, August 21, 2023
StatusFILED
Video Record

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Transcript — Verbatim
3:01

Good evening.

3:02

We'll begin with Pleasure of Allegiance.

3:03

I invite you to join us.

3:22

Roll call.

3:26

Culpac here.

3:27

Pepcorn?

3:28

Here.

3:28

Preston?

3:29

Here.

3:29

Strand?

3:30

Here.

3:30

Mahoney.

3:31

Here.

3:32

Health.

3:33

August is the National Immunization Awareness Month.

3:36

A great time to make sure your kids are up to date with important vaccinations before school starts.

3:42

Fargo Cast Public Health will host a walk in immunization clinics on August twenty-third and August twenty-fourth from eight AM to four PM.

3:51

All recommended child and teen immunizations will be available for the public.

5:00

We've had a lot of conversations in our retreat sessions about that particular item as well.

5:07

And it's just not real clear when we look at the rules, how to deal with it.

5:13

Now I don't know.

5:14

Um item number 41 does not have any background information with it.

5:19

Wondering in my mind, that shouldn't have even been on the agenda.

5:25

Um, but wondering what the process is for dealing with with that kind of uh ongoing issue.

5:36

You make a good point at the retreat.

5:38

We have talked about policy and we get that policy.

5:41

Unfortunately, we have not brought the new policy forward, which is in every type of agenda item, one should have either a written note and/or a request to who who would be giving the report.

5:53

Uh Commissioner Pickborn has not told me which directors he wanted to give a report.

5:58

So right now we don't have anything prepared.

6:01

Uh if you want to delay that two weeks, then you can tell me which directors you want to report on there, Commissioner Pepcorn, that'd be reasonable.

6:07

But I don't know who you want to report on.

6:10

Let me no, I I Mr.

6:11

Chair, I do not I did not want to report, just wanted some discussion.

6:15

So that's all.

6:15

Thank you.

6:16

Okay.

6:17

Mr.

6:17

Chairman, let me clarify.

6:19

Um, even though we've been talking about it more recently, it has been part of our rule since a long time ago.

6:25

So Mr.

6:26

Church, I disagree.

6:28

This is not a portable rule order.

6:30

Excuse me, it is still point of order.

6:32

What I would suggest is that we um somehow figure out how to deal with these, that they do not even get on the agenda.

6:41

I would suggest any further discussion.

6:47

And how would you like item 41 handled today?

6:51

I would make a motion to um approve the agenda removing item number 41.

6:58

Is there a second second discussion?

7:04

Yeah, Mr.

7:05

Petro, what would that be based on?

7:09

Preston.

7:10

So if you look at the uh rules of conduct, I can um actually read it to you.

7:16

Um let's see.

7:20

Any items or issues which have not qualified for the regular agenda under the rules as stated above, or any new and timely issues which arise after preparation with the consent of a majority of the city commissioners who are present in voting be considered as an extra item.

7:36

So it is possible that with a motion to actually add it as an extra item.

7:43

Um we can do that.

7:45

My motion is to remove it.

7:48

Further discussion, Commissioner Strand.

7:51

Thank you.

7:51

Uh Commissioner Preston, I believe we do have policies in place about when you advance a topic to place on the agenda.

Discussion Breakdown — Share of Meeting
Homelessness███████████████████████████████31%
Procedural███████████████15%
Public Health██████6%
Public Safety█████5%
Zoning█████5%
Economic Development█████5%
Native American Affairs████4%
Alcoholic Beverage Licensing████4%
Affordable Housing████4%
Summary of Proceedings

Fargo City Commission Regular Meeting Summary (August 21, 2023)

The Fargo City Commission met on Monday, August 21, 2023, at 5:00 PM in the Commission Chambers. Mayor Timothy Mahoney presided. The meeting covered a broad agenda, including consent calendar approvals, public hearings on liquor licenses and zoning changes, a detailed update on downtown public health services, and discussions on governance and economic development incentives. All five commissioners were present: Mayor Timothy Mahoney, Commissioner Denise Kolpack, Commissioner Dave Piepkorn, Commissioner Arlette Preston, and Commissioner John Strand.

Consent Calendar

  • The Commission unanimously approved the consent agenda (items 1-30) as recommended. Key items included: extensions of alcoholic beverage licenses for Hennessey's Irish Pub and The Stage at Island Park; a resolution establishing the Wildlife Management Program for 2023-2024; gaming site authorization and games of chance permits for several organizations; change orders for construction projects FM-19-C1 and FM-22-C2; property acquisition for flood mitigation (3000 11th Street South); easements; contracts; financial reports (General Fund budget through 7/31/23 and Annual Comprehensive Financial Report for 2022); grants from the ND Department of Environmental Quality; service agreements with American Lung Association, Soul Solutions, Dacotah Foundation, New Life Center, and Sanford Clinic North; a public hearing date for a dangerous building; amendments to the Native American Commission; FMLA extension for Police Sergeant Tyrell Fauske; direction to review panhandling ordinances; a seat belt ordinance amendment; bid award to Titan Machinery for $141,973.00; and bills totaling $12,590,005.89.

Public Comments & Testimony

  • Kristina Klinkhammer expressed concerns about LED street lighting, stating that the lack of diffusers could cause macular degeneration and blindness, and urged the city to take preventive measures.
  • Faith Dixon criticized the Liquor Control Board, alleging "political abuse," lack of diversity, and institutional discrimination against marginalized groups.
  • Kathy Polansky reported on a dangerous building at 1449 4th Avenue South, citing a garage fire in January, squatters, drug paraphernalia, stolen tools, and safety concerns for neighborhood children.
  • Wess Philome criticized a city commissioner for "unjustly targeted" new American and indigenous people, and argued for continued services for those battling mental health, addiction, and poverty.

Public Hearings

  • Alcoholic Beverage License Approvals: The Commission approved all four liquor license applications unanimously:
    • Five Star African Cuisine (Class GH) – continued from June 26, 2023, approved 5-0.
    • Taj India (Class GH) – approved 5-0.
    • Michele's Table (Class GH) – approved 5-0.
    • NoBull Smokehouse (Class Z transfer, ownership change only) – approved 5-0.
  • Zoning Changes:
    • Wentz Addition (2320 22nd Street South): Rezoning from SR-2 to SR-3 approved 5-0; first reading of ordinance passed 5-0. Staff noted no public inquiries or comments were received.
    • University South Fourth Addition (1376 Oak Manor Avenue South): Rezoning to include General Commercial overlay and plat approved 5-0; first reading passed 5-0. Beyond Shelter Housing is the applicant; Commissioner Mahoney asked about low-income housing units, noting the project may include 32-42 units (according to Brad Garcia). The project was scaled back due to funding shortfalls; the city has financial involvement, though the exact amount was not stated.
    • Southwest Fargo Mission Second Addition: Public hearing continued to October 16, 2023 (5-0).
  • CAPER Report: Public hearing held on the Consolidated Annual Performance and Evaluation Report (CAPER) for 2022. No action required. Staff reported spending over $2.6 million in HUD funds over the last 12 months on homelessness, housing, and neighborhood improvements. No public comments were received.

Discussion Items

  • Public Health Downtown Services Update: Presented by Desi Fleming, Chandler Esslinger (Community Liaison Specialist, Harm Reduction), and Police Chief Dave Sabolski. They highlighted:
    • Historical background of harm reduction programs since 2014, starting with the Gladys Ray Shelter.
    • Downtown Engagement Center services: showers, lockers, laundry, and connection to services; serving an average of 110 guests per day in July 2023, with a peak of 146 visitors.
    • National trends: homelessness rising 6% since 2017; unsheltered homelessness now exceeds sheltered; indigenous people are up to five times more likely to experience homelessness.
    • Local data: Fargo-Moorhead has about 330 shelter beds but 340 people sought shelter in July 2023; chronic homelessness is increasing.
    • Fargo PD stats: 1,038 mental health-related calls year-to-date; 21% of those involve 15 individuals with significant mental health issues; six homeless individuals accounted for 104 calls for service in June.
    • The Downtown Engagement Center budget was cut from $2.7 million to $1.3 million, leading to reduced hours (from 8-8 to 8-5).
  • Commissioner Piepkorn's Discussion Item on Homelessness: Removed from the agenda due to lack of background information (motion passed 4-1, Piepkorn opposed).
  • Governance Meetings Update: Commissioner Kolpack and City Administrator Michael Redlinger reported on the past six four-hour sessions with Dr. Schatz. Next steps: draft governance policies meeting, new commissioner handbook, and upcoming seventh session cost $1,500-$2,000 per meeting.
  • Economic Development Incentive Policies: Commissioner Strand moved to schedule a working session to discuss all EDIC policies. After debate, the motion passed 4-1, with Commissioner Piepkorn dissenting, citing ongoing work by the EDIC committee and the city's growth plan.

Key Outcomes

  • All consent items were approved and all four liquor licenses were granted.
  • All zoning changes were approved with first readings; the Southwest Fargo Mission Second Addition hearing was continued.
  • The CAPER public hearing was closed with no action required.
  • A working session on Economic Development Incentive Policies was scheduled.
  • Appointments to the Human Rights Commission: Motion passed 5-0 to reappoint Carolyn B. Craft and appoint four new members (Xavier Welty, Richie Aboa, Kristen Nelson, Zoe Apsey), with thanks to outgoing member Barry Nelson.
  • The meeting adjourned at 6:31 PM.

Additional Notes

  • During liaison updates, Commissioner Piepkorn reported on the airport expansion (124 million project, doubling in size to nine gates).
  • A public attendee, Ryan Netterville, shared a grievance about a county worker destroying his late brother's wooden headstone; Chief Sabolski texted that he would look into it.

Note: There is a discrepancy between the agenda item 41 and the minutes: the agenda originally listed item 41 as "Commissioner Piepkorn would like to discuss homelessness in and around Downtown," but due to lack of a memo or background info, it was removed from the agenda (motion approved 4-1).

Meeting Transcript

Good evening. We'll begin with Pleasure of Allegiance. I invite you to join us. Roll call. Culpac here. Pepcorn? Here. Preston? Here. Strand? Here. Mahoney. Here. Health. August is the National Immunization Awareness Month. A great time to make sure your kids are up to date with important vaccinations before school starts. Fargo Cast Public Health will host a walk in immunization clinics on August twenty-third and August twenty-fourth from eight AM to four PM. All recommended child and teen immunizations will be available for the public. We've had a lot of conversations in our retreat sessions about that particular item as well. And it's just not real clear when we look at the rules, how to deal with it. Now I don't know. Um item number 41 does not have any background information with it. Wondering in my mind, that shouldn't have even been on the agenda. Um, but wondering what the process is for dealing with with that kind of uh ongoing issue. You make a good point at the retreat. We have talked about policy and we get that policy. Unfortunately, we have not brought the new policy forward, which is in every type of agenda item, one should have either a written note and/or a request to who who would be giving the report. Uh Commissioner Pickborn has not told me which directors he wanted to give a report. So right now we don't have anything prepared. Uh if you want to delay that two weeks, then you can tell me which directors you want to report on there, Commissioner Pepcorn, that'd be reasonable. But I don't know who you want to report on. Let me no, I I Mr. Chair, I do not I did not want to report, just wanted some discussion. So that's all. Thank you. Okay. Mr. Chairman, let me clarify. Um, even though we've been talking about it more recently, it has been part of our rule since a long time ago. So Mr. Church, I disagree. This is not a portable rule order. Excuse me, it is still point of order. What I would suggest is that we um somehow figure out how to deal with these, that they do not even get on the agenda. I would suggest any further discussion. And how would you like item 41 handled today? I would make a motion to um approve the agenda removing item number 41. Is there a second second discussion? Yeah, Mr. Petro, what would that be based on?

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