Fargo City Commission Regular Meeting – August 5, 2024

The Fargo City Commission met on Monday, August 5, 2024, at 5:00 p.m. in the Commission Chambers. The meeting included unanimous approval of a 38-item consent agenda, public hearings on tax increment financing and a zone change, a proclamation declaring August 9 as Savannah Greywind Day, and lengthy discussions on a proposed camping ordinance, the 2025 preliminary budget, and ballot measures for a Fargodome sales tax and a lodging tax. The meeting adjourned at 7:24 p.m.

Consent Calendar

• Wildlife Management Program Resolution for the 2024–2025 season.
• Ordinance amending the Electrical Code (Section 23-0211) – received and filed.
• Second Amendment to Findings of Fact regarding 1710 1st Avenue South.
• Amendment to Municipal Code 25-1512(D) waiving compliance failure penalty if licensee agrees to use an ID scanner.
• Extension of Class “F” Alcoholic Beverage License for Mango’s, Inc. d/b/a Mango’s pending building repairs.
• Games of Chance applications for five organizations (raffles, bingo).
• Change Order No. 1 in the amount of $66,647.96 for Improvement District No. PR-24-G1.
• Utility Relocation Reimbursements to Midcontinent Communications ($10,816.95) and Sparklight ($2,000.00).
• Developer Agreements with 202 Flats, LLC (Cityside Addition) and ProCore Development LLC (Legacy I Eighth Addition).
• Memorandum of Understanding with the City of Horace for storm sewer and street maintenance in Deer Creek Addition.
• Temporary Construction Easement with Global Development, LLC (Improvement District No. BR-25-F1).
• Memorandum of Offer to Landowner for permanent easements with JLB South, Inc. (PR-24-A1).
• Contract and bond for Improvement District No. BN-24-C1.
• Change Order No. 4 ($20,800.00) and time extensions for Project No. NR-23-A2.
• Change Order No. 1 ($4,085.00) for Project No. UR-24-H1.
• Final Balancing Change Orders ($0.00) for Projects ER-24-A1 and ER-24-B1.
• Bid awards: Industrial Builders, Inc. ($169,060.00) for DR-21-A1; Key Contracting, Inc. ($393,470.00) for UR-24-A1; RDO Equipment ($25,000.00 for wheel loader; $65,000.00 for two rental wheel loaders); Butler Machinery Company ($42,500.00 for motor grader); Sanitation Products ($612,298.00 for two auto side load refuse trucks).
• Contracts and bonds for Projects PR-24-F2 and WA2451.
• Master Service Agreements for HVAC and Plumbing Services with multiple vendors.
• FAHR Staff meeting items: sales tax update and NP Avenue/Red River tree removal.
• Bond documents for Taxable Annual Appropriation Bond (NP Parking), Series 2024E.
• Agreement between Doyle’s Yellow Checker Cab, Inc. and Fargo Cass Public Health.
• Title V/Maternal and Child Health Program grant application.
• Addendum C to Cass Human Service Zone Agreement with Fargo Cass Public Health.
• Purchase of Phosphorus Unified xloT Security Management Platform from Doosan Digital Innovation America, LLC.
• Plat approval for University South Fifth Addition.
• Joint Powers Agreement for School Resource Officers Amendment Number One.
• Agreement for Transit Services and 2024–2025 Amendment to Joint Powers Agreement with NDSU.
• Change Order No. 4 ($127,486.00) for emergency repairs to West Side Interceptor Project WW1701.
• Bills in the amount of $31,392,477.36.

Public Comments & Testimony

• Elizabeth Cook (item 45) expressed support for the camping ordinance, stating that residents are “fearful for their lives” due to unsafe conditions on trails and under bridges, citing a recent rape, attacks, needles, nudity, and defecation.
• Charles King (resident comments) urged the commission not to abolish the Diversity, Equity, and Inclusion (DEI) office, emphasizing its role in supporting children and single parents.
• Olivia Fischer (resident comments) criticized the commission for not acting on a ceasefire resolution and for spending taxpayer money on military aid to Israel, arguing that $11.6 million could have funded 1,259 public housing units for a year.
• Cori Edgerton (resident comments) highlighted World Breastfeeding Week, stated that breastfeeding is challenging in conflict zones like Gaza, and criticized the police oversight process regarding the shooting of Shane Netterville, noting an oral reprimand for the officer involved. She also cited data showing Black people make up 10% of Fargo’s population but 20% of traffic stops.
• Wess Philome (resident comments) spoke (content not in summary).

Discussion Items

• Proclamation for Savannah Greywind Day: Mayor Mahoney proclaimed August 9 as Savannah Greywind Day in recognition of missing and murdered indigenous women. Ruth Buffalo of the Fargo Native American Commission accepted the proclamation.
• Item 39 – Sale of Property West of Landfill: Staff explained the property, acquired in 1995, is no longer needed for landfill expansion. The commission adopted a resolution to declare it surplus and direct staff to prepare an RFP for listing. Motion carried unanimously (5-0).
• Item 42 – Fargodome Remodeling Project: Fargo Dome Authority representative Dave Soupis presented a plan for a quarter-cent sales tax for 20 years to fund a renovation. Matt Larson, NDSU Athletic Director, expressed support, noting the Dome’s role beyond football. The commission approved three motions: (1) to approve the recommendations, (2) to adopt a resolution amending the Home Rule Charter for the sales tax, and (3) to approve ballot language for the November 5, 2024 election. All three motions passed unanimously (5-0).
• Item 40 – TIF Renewal (600 Block 4th Street North): The public hearing was held; no public testimony. The renewal plan and developer agreement with JS 2L Partners, LLP were adopted unanimously (5-0). The plan includes demolition of blighted buildings and a five-year TIF period.
• Item 41 – YWCA and Presentation Additions Zone Change: The public hearing was held. YWCA CEO Aaron Procno described plans to acquire additional property for supportive housing. The commission approved the zone change from MR-1, MR-2, and SR-2 to P/I (Public and Institutional), and approved first readings of the rezoning ordinances for both additions. All votes were 5-0.
• Item 43 – Lodging Tax Resolution: Charlie Johnson of Visit Fargo-Moorhead requested approval to place a 3% city lodging tax (hotel-motel tax) on the November 5 ballot for 25 years to fund conference space. Claire Hughes, Mike Preckle, and Dan Herder spoke in support. The commission adopted the resolution with an amendment specifying “hotel-motel tax,” passing 5-0.
• Item 44 – Construction Update: City Engineer Tom Knakmuhs provided an update on completed, ongoing, and upcoming projects, including the 42nd Street Overpass opening and various street reconstructions. No injuries reported.
• Item 45 – Camping on Public Property Ordinance: After debate on process, the commission voted to receive and file the ordinance (not expedite). The ordinance prohibits camping on public property; a separate resolution will outline enforcement areas and a housing-first pilot project (10 units). The motion to receive and file passed unanimously (5-0). Commissioner Piepkorn requested removal of a whereas clause referencing homelessness, but staff noted it would be addressed in the resolution.
• Item 46 – 2025 Preliminary Budget: Mayor Mahoney presented the budget proposal. Key highlights: a 5% COLA for employees (later reduced to 4.5% in a compromise), no new general fund positions, a net zero mill levy increase, and a debate over funding for the airport (two mills vs. one mill; compromise allocated one mill and added one mill to the city for net zero). The budget includes $13.97 million increase in general fund expenses (11% increase). 74% of the general fund goes to personnel. Utility rates increase $10/month. The motion to approve the preliminary budget and set a public hearing for September 16, 2024 passed 3-2 (Commissioners Piepkorn and Strand voted nay).
• Item 47 – Human Rights Commission Appointments: Approved unanimously (5-0).
• Item 48 – Liaison Commissioner Assignment Updates: Commissioners provided reports. Commissioner Strand reported on the Air Show and airport enthusiasm; Commissioner Turnberg reported 13% increase in library visits and 44% increase in program attendance.

Key Outcomes

• Consent Agenda: Approved unanimously (5-0).
• Resolution Authorizing Sale of Property West of Landfill: Adopted unanimously (5-0).
• Fargodome Remodeling Ballot Measures: Approved unanimously (5-0) to place a quarter-cent sales tax (20 years) and ballot language on the November 5, 2024 ballot.
• Tax Increment Financing Renewal (600 Block 4th Street North): Adopted unanimously (5-0).
• YWCA/Presentation Additions Zone Change: Approved unanimously (5-0); first readings of rezoning ordinances passed.
• Lodging Tax Resolution: Adopted unanimously (5-0) to place a 3% hotel-motel tax on the November 5, 2024 ballot.
• Camping on Public Property Ordinance: Received and filed unanimously (5-0); first reading will occur at a later meeting.
• 2025 Preliminary Budget: Approved 3-2 (Mahoney, Kolpack, Turnberg in favor; Piepkorn, Strand opposed). The budget sets a net zero mill levy, a 4.5% COLA, and a public hearing on September 16, 2024.
• Human Rights Commission Appointments: Approved unanimously (5-0).