Fargo City Commission Meeting - May 28, 2024

The Fargo City Commission met on May 28, 2024, to address a range of items including routine approvals, public hearings on alcohol licenses, a housing property transfer, a noise ordinance amendment, and a contentious governance policy on signs in the city commission chambers. The meeting also featured public comments on homelessness, special assessments, and the Gaza conflict.

Consent Calendar

• Approved the agenda and minutes of the May 13, 2024 regular meeting.
• Approved consent agenda items 1 through 39 via roll call (unanimous).
• Approved the mayor's recommendations for the Board of Appeals (unanimous roll call).

Public Hearings

• Item 41 – FA Alcohol License for KHP Fargo (Korean barbecue & hot pot): The liquor control board recommended approval. No public speakers. The commission approved the license (roll call 5-0).
• Item 42 – Class C V Alcohol License for a pawn banal company: Staff requested a continuance to June 24, 2024, as the applicant had not responded. The commission granted the continuance (roll call 5-0).

Discussion Items

• Item 43 – Improvement District BM23G1 (23rd Avenue & 53rd Street): Tom Knock reported that the project received one protest (45.1% of the district), which was declared insufficient on May 13. The low bid from Dirt Dynamics was $3.2 million, $150,000 under estimate. The commission awarded the contract (unanimous roll call).
• Item 44 – Transfer of 69 Fourth Street North to Fargo Housing Authority: Nicole Crutchfield and Chris Burngart explained the property (22 single-room occupancy units) will be rehabilitated using a RAD conversion, providing deeply subsidized housing for extremely low-income residents. The building has been vacant about five years. Commissioner Strand praised the partnership. The commission approved the transfer (unanimous roll call).
• Item 45 – Ordinance amending Section 11-0209 (amplified sound permits): Nancy Morris presented a change to allow four amplified sound permits in a 30-day period (instead of one), with at least five days between permits, only within 500 feet of residential zoning. The change was separated from broader noise ordinance discussions. Commissioner Strand supported the move, noting community support for local musicians. The commission approved the first reading (unanimous roll call).
• Governance Policy – Sign Restrictions in City Commission Chambers: The mayor introduced a resolution to prohibit signs, posters, and other displays in the chamber, citing safety and decorum. Commissioner Strand moved to delay the item for two weeks to allow public awareness, but the motion failed (2-3: Preston and Strand in favor; Colpack, Pepcorn, Mahoney opposed). After debate, the main motion to adopt the resolution passed (roll call 4-1, with Strand voting no). Commissioner Preston expressed confusion about the process, and Strand argued the policy stifles speech.

Public Comments & Testimony

• Melissa LeBay: Asked why the city allows homeless encampments on city-owned land in the floodway near the Red River, citing safety and fairness concerns. Requested a written response.
• Paige Klug: Expressed concern about proliferation of homeless encampments and lack of enforcement of park ordinances. Requested information on the city's policy and standards for encampments.
• Corey Edgerton: Called for a ceasefire resolution in Gaza, describing the humanitarian crisis and urging the commission to take a stand.
• Heidi Solomon: Shared personal testimony from a friend in Gaza and pleaded with commissioners to reconsider a ceasefire resolution.
• Brad Schaeffer: Criticized the city's use of special assessments for developer projects, arguing that Fargo should not act as a bank for developers. Suggested a different model used in other cities.
• Caden Fletch: Described the trauma of displacement in Rafah and urged the commission to support a ceasefire, condemning recent airstrikes on tent camps.
• Sabaya Abakar (through a letter read by another speaker): Described personal experiences of discrimination at checkpoints in Palestine and called for peace.
• Mohammed Sonallah: Urged the commission to reconsider its stance on a ceasefire resolution, emphasizing the daily death toll of children.
• Prairie Johnson (virtual): Criticized the commission for stifling free speech and for complicity in genocide through U.S. tax dollars, demanding a ceasefire.

Key Outcomes

• Contract awarded to Dirt Dynamics for improvement district BM23G1 (unanimous).
• Property transferred to Fargo Housing Authority for affordable housing rehabilitation (unanimous).
• Ordinance amended to allow four amplified sound permits per 30 days (unanimous, first reading).
• Governance resolution adopted banning signs in the city commission chambers (passed 4-1, with Commissioner Strand dissenting).
• Continuance granted for an alcohol license application to June 24, 2024.
• Public comments on homelessness, special assessments, and Gaza conflict were received but no immediate action was taken.

Liaison Reports

• Commissioner Kolbeck reported on the upcoming Zencity community engagement survey, launching in June 2024, to benchmark resident sentiment against peer cities.
• Commissioner Preston noted that the Fargo Growth Plan is available for public review at fargogrowthplan.org.