Fargo City Commission Meeting Summary

The Fargo City Commission held its regular meeting on Monday, August 19, 2024, at 5:00 PM in Commission Chambers at City Hall. Mayor Timothy Mahoney presided, with Commissioners Denise Kolpack, Dave Piepkorn, John Strand, and Michelle Turnberg present. The meeting covered a range of items including consent agenda approvals, public hearings for affordable housing and development projects, a resolution to place a public safety sales tax on the November ballot, and several property tax exemptions. The meeting adjourned at 6:10 PM.

Consent Calendar

• Approved the agenda, adding approval of minutes from the August 12, 2024 Special Meeting.
• Approved minutes from the August 5, 2024 Regular Meeting and the August 12, 2024 Special Meeting.
• Approved the consent agenda (items 1-23) which included:
  • First reading of an ordinance amending the Electrical Code.
  • Final adoption of rezoning ordinances for YWCA Addition and Presentation Addition.
  • Approval of game of chance applications for Fargo Davies High School, Veterans Honor Flight, YWCA Cass Clay, and El Zagal Outdoors Unlimited.
  • Administrative penalties ($500 fines) for liquor license violations at Front Street Tap Room, VFW, and multiple other establishments.
  • Various change orders, contracts, and bond approvals.
  • Resolutions authorizing taxable annual appropriation bonds Series 2024F and 2024G.
  • Acceptance of grants (ND Forest Service, FEMA, ND Health and Human Services) and reallocation of funds.
  • Bid awards for Fire Station No. 5 Renovation ($2,463,004) and contracted fuel purchase ($1,031,160).
  • Plat approval for Prairie Farms Third Addition.
  • Received the Bias Motivation and Hate Crime 2nd Quarter Report.
  • Bills in the amount of $13,779,075.36.

Public Comments & Testimony

• Camping on Public Property Ordinance (Item 24):
  • Allison Slavic (Fargo resident) thanked staff for their work and urged the commission to approve the proposed resolution, supporting camping restrictions (100 feet from bridge embankments, 30 feet from bike paths) as long as residents use downtown engagement center services. She also requested a recommended fine of $5 for unhoused individuals and inclusion of a housing first pilot program, expressing concern about lack of empathy.
  • Kim Siebe (licensed social worker, 30+ years) emphasized the vulnerability of people experiencing homelessness and opposed simply sweeping camps. She cited CDC research on the harmful effects of camp cleanups and advocated for a thoughtful, respectful approach.
  • Ben Myrick (Fargo resident) argued the bill mischaracterizes a systemic criminal justice failure (releasing dangerous individuals) as a homelessness issue. He criticized the imbalance of penalties for the poor versus tax breaks for developers, and suggested tabling the ordinance.
  • John Campbell (Executive Director, Fargo Moorhead Coalition to End Homelessness) expressed strong support for the ordinance and resolution in their entirety, calling them based on best practices and vital for addressing public safety and health.

Discussion Items

• Camping on Public Property (Item 24): City staff explained the first reading of the ordinance and the accompanying resolution, which will be revised based on public comments. The ordinance would take 30 days to change, so priority enforcement details are placed in a flexible resolution. Questions were raised by commissioners about fines, location of camps, and camp size; staff agreed to provide mapping and data.

• Beyond Shelter PILOT (Item 25): Dan Madler, CEO of Beyond Shelter, presented a request for a 17-year zero payment PILOT (Payment in Lieu of Taxes) exemption for a two-phase affordable senior housing project at 2131 and 2185 65th Avenue South. He highlighted that the project will add 78 units, of which 20% (16 units) will be fully accessible. Beyond Shelter has developed 580 affordable homes in Fargo, with 406 for seniors; 172 seniors are on the waitlist for the recently opened Plaza Apartments. Commissioner Kolpack praised the public-private partnership. Commissioner Strand asked about proactive partnerships; Madler indicated demand is increasing and is open to collaboration.

• Schatz Fifth Addition (Item 26): Staff presented a request for rezoning to MR-3 with a PUD overlay, allowing a higher density (32 units/acre vs. standard 24) for an 82-unit apartment building at 5601/5671 34th Avenue South. The applicant, John Eunice of Eagle Ridge Development, explained that the project includes 74 underground parking stalls and retains some garages to meet market demand. The planning commission recommended approval, with a contingent approval for the plat. The first reading of the rezoning ordinance was also approved.

• Renaissance Zone Rehab (Item 27): Nicole Crutzfield presented a Renaissance Zone application for a commercial property at 514 14th Street North. The project involves a $1.5 million investment (approximately $153/sq ft) to renovate the building into commercial space, with occupancy expected by June 2025. The Renaissance Zone Authority recommended unanimous approval. Discussion centered on the possibility of extending the exemption from five to eight years, which would require collaboration with the county and school district.

• Fargo Growth Plan 2024 (Item 28): Mark Williams presented the City's new comprehensive growth plan, the first since 2007, covering the entire city. He noted the planning commission approved it unanimously. Commissioners discussed next steps, including a rewrite of the land development code (LDC) to accommodate higher-density development and modern needs, with a timeline of 18-24 months. Questions were raised about greenfield expansion, special assessments, and external boundaries; staff clarified that the plan includes tasks to evaluate southern and northern areas.

• Police and Fire Sales Tax Resolution (Item 29): Eric Islendar, President of Fargo Firefighters Local 642, presented a request for a quarter-cent sales tax for 20 years, estimated to raise $8 million annually, to fund police and fire services. He cited rising call volumes, aging infrastructure (e.g., Fire Station #4 built in 1966), staffing challenges, and a building purchase for police. The motion to adopt the resolution passed 3-2 (Kolpack, Strand, Turnberg in favor; Piepkorn, Mahoney against). The ballot language was approved separately 4-1 (Piepkorn dissenting). Opponents (Commissioner Piepkorn and Mayor Mahoney) argued the tax was not fully vetted with finance, would burden taxpayers, and should wait until 2026; supporters viewed it as a way to let voters decide on funding for essential services.

• Property Tax Exemptions (Item 30): Approved a series of 5-year property tax exemptions for improvements to buildings owned by Border Properties #1, LLC, Samantha Smestad and Ryan Thompson, Joe Boulger, Preston Nesemeier, Michael Shirk/Heath, KLH&J Land, LLC, Kristin Bode, and Mitchell and Kathleen Rumple.

• Dangerous Building Extension (Item 31): Approved a 30-day extension to September 23, 2024, for the property at 909 4th Street North, recently acquired by Willington Savings Fund Society, to assess whether to repair or demolish the dangerous building. The representative also committed to cleaning up the lawn and backyard.

• Liaison Commissioner Assignment Updates: Commissioners provided updates on boards and committees. Commissioner Strand highlighted the Human Rights Commission's focus on the Arbors community; Mayor Mahoney noted the importance of local ownership in that community.

• Resident Comments: Katie Bunkelman requested the city increase the allowed number of backyard chickens from four to six, aligning with Moorhead and West Fargo.

Key Outcomes

• Approved consent agenda and routine items unanimously.
• Approved first reading of the Camping on Public Property ordinance (unanimous). Final adoption and resolution to come in two weeks.
• Approved Beyond Shelter PILOT application with a 17-year zero-payment exemption (unanimous).
• Approved Schatz Fifth Addition rezoning, PUD, master land use plan, and plat (unanimous) and first reading of rezoning ordinance (unanimous).
• Approved Renaissance Zone project for Campsite 4, LLC (unanimous).
• Approved Fargo Growth Plan 2024 (unanimous).
• Approved resolution to place quarter-cent sales tax for police and fire on November 5th ballot (3-2), and approved ballot language (4-1).
• Approved all eight property tax exemption applications (unanimous).
• Approved 30-day extension for dangerous building at 909 4th Street North (unanimous).