Fargo City Commission Meeting – March 4, 2024

The Fargo City Commission convened at 4:00 PM for an executive session (attorney consultation regarding City of Fargo v. State of North Dakota, Case No. 09-2023-CV-02540) and resumed the regular meeting at 5:00 PM. The meeting included a proclamation on Gaza, unanimous approval of a 33-item consent agenda, public comments on Gaza and policing, six public hearings, a $2 million affordable housing commitment from Gate City Bank, and a discussion on proposed governance policies that led to a motion to reconvene a working group.

Consent Calendar

• Approved 33 items unanimously, including:
  • Letters of support for Synclaire Events Center and Anvil Design and Manufacturing projects to the ND Opportunity Fund.
  • Second reading and final adoption of ordinances amending the International Property Maintenance Code and rezoning Rheault Second Addition.
  • Site authorizations and applications for games of chance (13 organizations).
  • 2023 CIP Revisions, drain reconstruction agreement, and consent to construct agreements.
  • Bid awards: Key Contracting, Inc. ($4,902,904 for NR-24-B1 general; $8,672,957 for NR-24-A1); Industrial Builders, Inc. ($2,549,697.75 for FM-24-A1); Asphalt Surface Tech Corp ($90,810 for PR-24-C1); Asphalt Preservation Company, Inc. ($1,617,606.87 for PR-24-E1); Q3 Contracting for utility cut repairs; Core and Main for water materials.
  • Bid advertisement for SR-24-B, change order for BN-22-L1 ($46,950.74 and time extension), engineering services with Moore Engineering, Inc., and MOU with Fargo Park District.
  • Property damage release for Mercantile Parking Ramp.
  • General Fund budget-to-actual through 1/31/24.
  • Task Order No. 1 with KLJ Engineering ($248,100 for Fire Station No. 5 renovation).
  • Addendum to nursing services agreement with Northern Cass Public School District.
  • Letter of agreement with AE2S Communications for marketing assistance to Fargo Cass Public Health.
  • Notice of Grant Award for Title X Family Planning Program.
  • Piggyback purchase of dHCI server for RRRDC.
  • Third Amendment to Lease with Boas Northport Fargo LLC.
  • Resolution approving plat of Trollwood Land Three.
  • Agreement with Range Renovation Consulting, Inc.
  • Bills totaling $7,578,093.56.

Public Comments & Testimony

Eight residents spoke during the public comment period (2.5 minutes each, 30-minute cap):

• Habiba Elbassiouny, Kyle Feldhake, Lucky Beddel, Allison Slavik, KJ Atkinson, Fatima Mohammed, and Malik Muhammad Anwar urged the Commission to pass a ceasefire resolution regarding the conflict in Gaza. They described civilian casualties, starvation, and the need for a lasting ceasefire, citing statistics (e.g., 30,000 deaths, 75,000 lives could be saved by immediate ceasefire). Several referenced the mayor's recent joint proclamation with Moorhead and called for stronger action.
• Wess Philome spoke about the Fargo Police Department, requesting the annual report include bias-based complaints and responses, and a concrete timeline for implementing stops-by-demographics data collection. He noted that the chief had previously stated implementation would take a few years but now says two more years.

Discussion Items

Public Hearings (Items 35-41)

All public hearings were conducted without opposition and approved unanimously (5-0 votes):

• Item 35: Renaissance Zone Project for Block 8, LLC – Rehabilitation of 814 Main Avenue (former Mexican Village). Staff recommended a 5-year tax benefit (county did not approve 8-year). Commissioner Preston noted improvements at $125/sq ft exceed the $50 minimum. Motion approved.
• Item 36: Sewer Repair Assessments for 2023 – 181 repairs totaling $2.5 million; average cost $15,000–$18,000. Program pays half of first $4,000 and 25% over that, with 15-year assessments at 5% interest. Approved.
• Item 37: Special Assessment of Nuisance Abatement Fees – Includes Dutch elm removal, mowing, code enforcement, and snow removal. Staff noted 7 code enforcements, 52 mowing, 13 Dutch elm removals. Approved.
• Item 38: Transfer of Class ABH Alcoholic Beverage License – From Fargo Lodging Associates (Hilton Garden Inn) to KAJ Hospitality, with Tony Nasello as manager. Approved.
• Item 39: Class FA Alcoholic Beverage License for Benedict’s Fargo – Located at 3165 33rd Street South (new strip mall). Requires 50% food sales; $100,000 license fee. Approved.
• Items 40 & 41: PILOTs for Lashkowitz 4 and 9 – 110 units of affordable housing at 101 2nd Street South (replacing old high-rise). Developer: Blue Line Development (for-profit) with Fargo Housing Authority. Financing: 4% tax credits ($11M) for 83 units, 9% tax credits ($6M) for 27 units; total project cost $40M including demolition. PILOT for 17 years; after that, housing authority will own and continue tax-exempt status. Tenants will have Section 8 vouchers, paying 30% of income. Commissioner Kolpack praised collaboration. Both approved.

Presentation: Gate City Bank Neighborhood Revitalization Initiative (NRI)

Brandie Haugen, Assistant Vice President and Retail Manager, announced a $2 million allocation for 2024. In 2023, 56 applications were received, 25 projects completed, total $1.15 million disbursed; average loan $46,000. Application period opens March 18 through October 31. Home improvements range from $10,000 to $100,000. Commissioner Mahoney noted the program has contributed $11 million since inception.

Presentation: Proposed Board of City Commissioners Governance Policies

City Administrator Mike Redinger presented draft policies developed over seven sessions with Dr. Schatz. Key points:

• Policy No. 5 on public comment: draft proposed comments at every business meeting (agenda-related at start, non-agenda at end). Some feedback suggested quarterly non-voting public forums and limiting repetitive comments.
• Commissioner Preston emphasized these policies are for the commission, not staff, and noted missing elements: relationship with city administrator, executive limitations from prior draft, and agenda items from advisory boards.
• Commissioner Strand opposed any reduction in public comment, calling proposed quarterly meetings “squelching the voice of the public.” He moved to reconvene the working group with Dr. Schatz to revisit the topic.
• Commissioner Kolpack supported revisiting, noting the current process lacks ability to respond to misstatements and can be intimidating. She suggested rotating forums could improve dialogue.
• Commissioner Preston valued public comment as a check on individual commissioners’ authority.
• Motion to reconvene the working group passed 4-1 (Commissioner Piepkorn voted nay).

Key Outcomes

• Votes: All consent agenda items (33) and public hearing items (35-41) approved unanimously (5-0).
• Motion passed: Reconvene commission working group with Dr. Schatz to revisit public comment topic (4-1; Piepkorn nay).
• Next steps: Governance policies to be discussed further; potential vote on March 18, 2024.
• Proclamation: Mayor Mahoney announced joint proclamation with Moorhead Mayor Carlson advocating for a negotiated settlement, release of hostages, and enduring peace in Gaza.
• Liaison Updates: Commissioners reported on board and committee assignments; no formal action.
• Adjournment: Meeting adjourned at 6:15 PM; next regular meeting set for March 18, 2024 at 5:00 PM.