Fargo City Commission Meeting - July 8, 2024
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Fargo City Commission Meeting - July 8, 2024
The Fargo City Commission met on Monday, July 8, 2024, starting with an executive session at 4:30 PM for attorney consultation regarding potential opioid litigation with Indivior, Inc. and Mylan N.V. The regular session convened at 5:00 PM. Mayor Mahoney presided with all commissioners present (Denise Kolpack, Dave Piepkorn, John Strand, Michelle Turnberg, Timothy Mahoney). Municipal Judge Steve Dawson administered oaths of office to newly elected Commissioners John Strand and Michelle Turnberg. The consent agenda (items 1-31) was approved unanimously. The meeting adjourned at 6:18 PM.
Consent Calendar
- Approved 31 items including an Interest Buydown Agreement with Bank of North Dakota for Roosevelt Family Lofts LLC, a letter of support for the APH Stores Project, final adoption of three rezoning ordinances (Selkirk Place, Chas A. Roberts, Rocking Horse Farm), findings of fact for dangerous buildings (1449 4th Ave S and 909 4th St N), acceptance of primary election canvass, 11 games of chance applications, a Class N alcoholic beverage license extension for North Dakota Horse Park, change orders and bid awards for several improvement districts and projects, a lease agreement with NDSU and Fargo Dome Authority, multiple grant awards from ND Department of Health and Human Services and ND Housing Finance Agency, a health services agreement for Cass County Jail, bid awards for sanitation equipment, a mass transit agreement with West Fargo, and bills totaling $8,474,687.20.
Public Comments & Testimony
- Isabetta Herrera (Fargo resident and teacher) urged the Commission to take a public stand against U.S. funding for Israeli military operations in Gaza, citing civilian deaths and displacement. She criticized the Commission for not using its voice.
- Jamie Selzler (resident at 247 Robert Street North) described dangerous conditions at the Roco parking ramp: multiple cars with slashed tires over the weekend, and nonstop drug dealing on the top floors. He requested action to ensure ramp safety and maintain downtown's reputation.
- Mark Bosserman (resident near the river) expressed concerns about homeless encampments along the bike path, stating police said their hands were tied. He welcomed the Supreme Court ruling on Grants Pass and urged enforcement to ensure safety and sanitation for all.
- Katherine Bosserman (wife of Mark) echoed concerns, stating she runs on the bike path and now carries mace due to feeling unsafe. She noted unsanitary conditions and litter, wanting Fargo to avoid becoming like West Coast cities.
- Cori Edgerton commented on the Gaza humanitarian crisis, citing Lancet estimates of high death tolls and criticizing the Commission for inaction.
Discussion Items
Update on Grants Pass Ruling
City Attorney Nancy Morris summarized the U.S. Supreme Court's June 28, 2024 decision (Grants Pass v. Johnson) which held that banning camping on public property is not cruel and unusual punishment under the Eighth Amendment. She stated that municipalities may now enforce laws against camping on public property. Staff will work with the Park District and other stakeholders to develop a draft ordinance or resolution. Commissioner Piepkorn emphasized that the ordinance should apply to everyone (not just homeless individuals) and suggested a $50 fine. He requested coordination with the Park District. Commissioner Strand asked about communication with Moorhead to avoid policy gaps. Staff (Brenda Derrick) noted ongoing monthly meetings with multiple departments and a meeting later that week. The Commission provided direction to bring forward a draft ordinance.
Dangerous Building – 1011 University Drive North
Sean Rodnik (Inspections) presented the 1918 duplex structure (1011 and 1013 University Drive) with a collapsed garage roof, deteriorated south roof, broken windows, foundation cracks, squirrel infestation, and water damage. The property meets 9 of 10 dangerous building criteria. The contract-for-deed owner, Terry Tegmeyer (licensed contractor), requested more time to demolish the garage and complete repairs, citing weather delays. Public testimony was heard. Commissioner moved to direct the City Attorney's Office to prepare findings of fact and order, and authorize the Inspections Department to solicit removal proposals if the structure is not removed by September 6, 2024. Unanimous approval.
Vacation Plats
- Leach and Wells Subdivision (Item 35): Vacation of a portion of 5th Avenue North right-of-way adjacent to Block 23, near 421 and 415 4th Street North. Approved unanimously after discussion about traffic access and snow removal responsibilities.
- First Industrial Subdivision of Beardsley's Addition (Item 36): Vacation of west 23.5 feet of 22nd Street North right-of-way. Approved with a contingency to add a small utility easement. Unanimous.
Cityside Addition (Item 37)
Rezoning from MR-3 (Multi-Dwelling Residential) to DMU (Downtown Mixed Use) and plat of Cityside Addition (parcels at 202-212 6th Avenue North and 509-515 3rd Street North). The applicant, Nate Bilmouth, stated the intent is to increase property value for redevelopment. First reading of the rezoning ordinance also approved. Unanimous.
CDBG and HOME Program Amendment (Item 38)
Public hearing on a proposed amendment to the 2023 HUD Action Plan to identify a specific property (213 and 215 24th Street South) for a Habitat for Humanity twin home. No action taken; public comment period ends July 19, final consideration on July 22.
Scooter Rental Business License (Item 39)
Kevin Gorder (Engineering) presented the request to license scooter rental businesses. Staff recommended denial due to lack of municipal code, concerns about sidewalk obstruction, liability, drop-off management, and enforcement. Discussion included potential for designated drop zones. Motion to deny and not amend the code at this time. Unanimous approval.
FAHR Staff Meeting Items (Item 40)
Approved: sales tax update (5.4% increase year-to-date through April), acceptance of Badges of Unity donation ($158,790.07) for National Police Week travel, reclassification of vacant Engineering Technician III position from 0.8 FTE to full-time, and authorization for Health Department to add two Home Health Aide contract positions for the school year (100% billed back to Fargo Public Schools). Unanimous.
Commission Liaison Assignments (Item 41)
Approved new liaison assignments based on commissioner preferences. Commissioner Piepkorn raised a procedural concern that a change at the Diversion Authority had been implemented before the vote, but it was noted the mayor had communicated with commissioners. Unanimous.
Appointment of Deputy Mayor (Item 42)
Commissioner Denise Kolpack was appointed Deputy Mayor. Vote: 4-1 (Commissioner Piepkorn dissented). Commissioner Strand encouraged the mayor to actively involve the deputy mayor.
Key Outcomes
- Consent Agenda approved unanimously (items 1-31).
- Grants Pass Ruling: Staff directed to draft an ordinance prohibiting camping on public property, working with Park District and Moorhead.
- Dangerous Building: Owner given deadline of September 6, 2024 to remove the garage and repair the building; city authorized to remove if not done.
- Vacation Plats approved (two properties).
- Cityside Addition rezoning and plat approved.
- CDBG/HOME Amendment: Public hearing held; final consideration July 22.
- Scooter Rental License denied; no code changes.
- FAHR items, liaison assignments, and deputy mayor appointment approved.
- Commissioner Reports: Updates on airport expansion groundbreaking, aerial mosquito spraying scheduled for July 10, retirement of Water Treatment Plant's Dave Buckholtz (31 years of service), and recognition of outgoing Engineering liaison role.
- Resident Comments: Noted; no immediate action taken.
Meeting Transcript
Call the meeting to order. We'll begin with a pleasure of allegiance. I invite you to join us. Turnburg. Here. We just had executive session. Do I have a motion? I do. In the matter titled The City of Fargo versus Purdue, Pharma LP at all. I move to approve the city attorney's office informing the plaintiff's executive committee that the city of Fargo will not be joining any motion to amend the pleadings to add claims against in Diver Incorporated and Mylan. Is there a second? Second. Any discussion? Roll call vote, please. Turnberg. Yes. Pepcorn. Cole Pack. Aye, Strand. Yes. Mahoney. Aye. Health. The Environmental Health Division of Fargo Chouse Public Health hosted a food truck event in June. Participating vendors were inspected by the staff of the environmental health division and community members enjoyed a variety of food options. Library. A reverse glass planning workshop for teens is June 19th at 1 p.m. at the downtown library. This event is free. All materials will be provided, and pre-registration is required. Chess club sessions for all ages are scheduled Tuesdays at 5 p.m. through the summer at the downtown library. Planning. The value of construction of Fargo in the first six months of 2024 is higher than last year. Permits have been issued for 472 million through the end of June. And the value last year was 389. The two largest projects this year are the 131 million airport expansion, which includes a new parking garage and additional to the terminal, and the 48 million downtown North NP development, which includes a community theater apartment building and city parking garage. She was named the Fargo City Public Health Director in 2018. We want to thank Desi for her three decades of exceptional public service to our Metro community region and state. Public health, you go into someone's home, so you're on their turf. As I got more into public health, that was my love of it, right? Because you're trying to impact people before problems happen. The cool thing about that is all of those things with relationships have helped me so much in my leadership because it taught me, you know, how to connect more with people and the importance of building on a relationship in order to like empower people and to impact change. And I can support and help, and um that's how we make an impact in the community. Like if staff here can feel empowered to do their job, if they can feel supported at their job, they are going to go out and do our mission better. I hope I've made a difference here. I feel like there are people here I will miss. Commissioner John Strand and Commissioner Michelle Turnberg. I think you two need to go down to the floor. Maybe with your cheat sheets.
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