Fargo City Commission Regular Meeting - April 15, 2024

The Fargo City Commission held its regular meeting on Monday, April 15, 2024, at 5:00 p.m. in the Commission Chambers, following an executive session that began at 4:30 p.m. The meeting covered a broad range of topics including governance policy updates, the riverfront renewal plan, tax increment financing policies, enforcement of illegal vehicle modifications, and a presentation on fair housing demographics. Commissioners approved multiple consent agenda items, heard extensive public testimony on the Gaza ceasefire resolution and police oversight, and took action on bids, appointments, and policy amendments.

Consent Calendar

• Approved 35 consent items en bloc, including letters of support, ordinances, rezoning, gift agreements, findings of fact, site authorizations for games of chance, sponsorships (e.g., $15,000 for Juneteenth), developer agreements, bid awards (e.g., $638,811.80 to Border States Paving), contracts, easements, improvement districts, and a resolution authorizing $25,705,000 in refunding bonds.

Public Comments & Testimony

• Patrick Kelly opposed the city's noise ordinance restricting free speech, stating he was fined $1,340 for playing guitar downtown and arguing the ordinance is unconstitutional.
• Paul Stalcup expressed appreciation for city staff and commissioners, and encouraged them to continue serving the public well.
• KJ Atkinson, Alen Fejzic, Asher Lorentzen, Allison Slavik, and others criticized the commission for voting down a Gaza ceasefire resolution, accusing commissioners of inconsistency (citing support for Ukraine) and complicity in genocide. They urged the commission to pass a ceasefire resolution and stop funding violence.
• Wess Philome raised concerns about Fargo Police Department investigations, alleging that complainants were not notified of outcomes and that the Police Oversight Board lacked unfettered access to evidence; he referenced a specific case where an officer with only two years of experience handled a complaint.

Discussion Items

• High Plains Fair Housing Presentation: Michelle Rydz presented demographic trends showing emerging segregation patterns in Fargo neighborhoods. Key statistics: 275 housing calls in 2023 (143 discrimination-related, up 100% from 2022), 48 fair housing tests conducted, and a $100,000 settlement for a family facing discrimination based on familial status. She recommended fair housing training for planning/zoning commissions, penalties for slum landlords, and diversity in housing providers.
• Governance Policies: The commission reviewed a final draft of governance policies after eight working sessions. Commissioner Preston successfully amended Policy No. 2a to require that budget line items not be transferred between funds without review by the Finance Committee and authorization by the Board of City Commissioners. The motion to authorize the mayor and city attorney to prepare the policies for adoption (scheduled for April 29, 2024) passed unanimously.
• Riverfront Renewal Plan Update: Jim described the TIF district status, including demolition of Mid-America Steel and the River House apartments project. The TIF fund balance is $84,000, with projected 2025 income of $572,000. Key future items include $536,000 assistance to Fargo Housing Authority for the Lashquid site (design decision needed by next meeting) and potential Civic Plaza improvements. Commissioners requested a brown bag session to prioritize projects.
• TIF Policy Amendments: A new policy was approved to allow pre-approval of TIF assistance for vacant/blighted properties, giving developers five years to redevelop. Reimbursement would cover demolition and building value (per city assessor) only. The Fire Chief supported the change for public safety reasons. Motion carried unanimously.
• Vehicle Noise and Street Racing Enforcement: Commissioner Preston proposed directing the police chief and city attorney to research enforcement options for illegally modified vehicles causing excessive noise. Commissioner Strand successfully amended the motion to include speed racing and other safety issues. The motion passed unanimously, with a report expected in about one month.
• Improvement District BN-23-E1 (45th Street North): The project to pave 1 mile of 45th Street from 19th Avenue North to 32nd Avenue North received a low bid of $3,569,440.50 from Dakota Underground (7% under estimate). Despite 41.5% protests from property owners, the commission approved the bid (unanimous), noting the need for the road to support commercial/industrial development and the city of Riley's Acres cost participation of ~$624,000.

Key Outcomes

• Unanimous approval to authorize the City Attorney to appeal the District Court's February 20, 2024 order and February 28, 2024 judgment in Case No. 09-2023-CV-02540 (City of Fargo v. State of North Dakota) regarding local control.
• Approved property tax exemptions for Bell Bank (520 Main Avenue, 5 years) and Austin & Annika Avery (1532 36th Avenue South, 5 years) — unanimous.
• Appointed Dean Bresciani to the Municipal Airport Authority for a five-year term (5-1; Kolpack dissenting).
• Reappointed Troy Goergen and Mike Ellingson to the Fargo Dome Authority for four-year terms (unanimous).
• Heard liaison commissioner updates: Piepkorn reported on a problematic property at 852 20th Avenue NE with multiple police calls, drug activity, and sex offenders near Longfellow Elementary; Preston highlighted an eviction film screening and a Strong Towns walkability initiative; Mahoney noted the fire department's busy weekend and a motorcycle accident involving a fire truck; Kolpack announced the water utility received a Safe Drinking Water Act achievement award for 2023; Strand reported a $2.6 million federal grant for LED conversion and showcased student art for bus wraps.