Fargo City Commission Meeting - September 3, 2024: Camping Ordinance, Alcohol Licenses, and Arbors Update
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Fargo City Commission Meeting - September 3, 2024
The Fargo City Commission met on September 3, 2024, at 5:00 PM following a 4:00 PM executive session. The meeting covered a wide range of items including adoption of a camping ordinance and resolution, several alcohol license approvals, a construction update, a report on the Arbors apartment complex, and various administrative items.
Consent Calendar
- Approved 40 consent agenda items unanimously, including: second reading and final adoption of an ordinance amending the electrical code; rezoning of Schatz Fifth Addition; amended findings for 909 4th Street North; site authorization for games of chance for Fargo Youth Hockey Association; multiple game of chance applications; a grant award from the ND Department of Health and Human Services for EPR Statewide Response (CFDA #93.069); bid award to Dakota Underground Company for $17,960,631.45 for Improvement District No. BR-23-G3; easements, change orders, and bid advertisements; extension of snow hauling and snow removal service agreements for the 2024/2025 season; an interim joint powers agreement with the City of Moorhead for transit reorganization; a state aid agreement for public transit for FY 2025; an operation and maintenance surcharge increase for Southeast Cass Sewer District 89-1; multiple engineering task orders and change orders; and bills in the amount of $17,840,649.26.
Public Comments & Testimony
- Mark Bosserman expressed opposition to the camping ordinance, arguing that law enforcement should be empowered to enforce laws and criticizing the current approach as similar to failed policies in San Francisco.
- Katherine Bosserman shared personal safety concerns, stating she felt unsafe biking in Fargo due to encampments and drug use, contrasting with Moorhead where she felt safe. She supported stronger enforcement and agreed with Commissioner Piepkorn's position.
Discussion Items
- Executive Session (4:00 PM) – The Commission met in executive session to discuss participation in class action settlements (Tyco and BASF) and threatened litigation regarding an employment matter. After reconvening, the Commission voted unanimously to authorize the City Attorney and City Administrator to opt out of the Tyco and BASF proposed class action settlements. They also voted unanimously to authorize future opt-outs for similar settlements in the multi-district litigation, provided the conditions are met.
- Construction Update – City Engineer Tom Knakmuhs reported no project-related injuries or accidents. He highlighted completed projects (e.g., 52nd Avenue, Alexander Drive) and ongoing work on 7th Street North, NP Avenue, 9th Street South, Woodcrest Drive, 32nd Avenue concrete rehab, and other citywide projects. Commissioner Strand praised the safety record and inquired about trench shoring, confirming OSHA compliance.
- Public Hearings on Alcoholic Beverage Licenses – Item 42 (Fort Noks) was withdrawn. The Commission approved the following licenses unanimously:
- Transfer of Class “GH” license from Slice, LLC to Blarney Stone Pub, LLC d/b/a Duane’s House of Pizza (1629 University Drive South).
- Class “O” manufacturing and distribution license for Agassiz Wine (612 23rd Street South).
- Transfer of Class “A” license from Jones Enterprises, Inc. d/b/a Slammers to Jones Enterprises, Inc. d/b/a Xcalibur Entertainment (707 28th Avenue North), a family entertainment center.
- Camping Ordinance and Resolution (Items 46 & 46a) – After public comments, the Commission voted 5-0 to waive the second reading and adopt the ordinance enacting Article 10-14 of Chapter 10 of the Fargo Municipal Code, prohibiting camping on public property. The ordinance carries a maximum $1,000 infraction fine, with no jail time. The Commission then debated the accompanying resolution, which outlines enforcement priorities (e.g., 30 feet from trails, 15 feet from riverbanks, near critical infrastructure) and mandates engagement with outreach services. Commissioner Piepkorn strongly opposed the resolution, calling it confusing and unnecessary, while Commissioner Kolpack and Strand supported it as a dynamic, evolving tool. The resolution passed 3-2 (Strand, Kolpack, Mahoney aye; Piepkorn and Turnberg nay). Staff noted that the ordinance provides the enforcement tool needed to remove camps, while the resolution allows flexibility for adjustments.
- The Arbors Update (Item 47) – City Administrator Michael Redlinger and Police Captain Bill Ahfeldt presented data on the Arbors apartment complex. Fire department calls for service from January 2023 to July 2024 totaled over 300, about one-third EMS. Police reported 3,091 calls for service from July 31, 2023 to August 2024, with 8% proactive policing. A three-year comparison showed a spike in 2023 due to gang activity, which dropped after joint operations in September 2023. A new management company (Premier, from Twin Cities) took over in June 2024, leading to a spike in trespass calls (a positive sign of partnership). Recent data shows calls for service below 2022 levels. Commissioner Strand raised concerns about children's safety and the presence of playgrounds.
- Housing and Redevelopment Authority Appointments (Item 48) – Approved reappointments of Thomas Jefferson and Chris Larson for 3-year terms ending September 30, 2027 (unanimous).
- Property Tax Exemptions (Item 49) – Approved four applications for 5-year exemptions for improvements to residential properties (unanimous).
Key Outcomes
- Opt-out of Class Action Settlements: Unanimous vote to opt out of Tyco and BASF settlements and to authorize future opt-outs for similar settlements.
- Camping Ordinance: Adopted 5-0 (final passage).
- Camping Resolution: Adopted 3-2 (Commissioners Piepkorn and Turnberg dissenting).
- Alcohol License Transfers/New Licenses: All approved unanimously (3 items).
- HRA Appointments: Approved unanimously.
- Property Tax Exemptions: Approved unanimously.
- Construction Update: Received and filed.
- Next Steps: Staff will provide monthly updates on the camping resolution's implementation, and the Commission will continue to monitor the Arbors through ongoing partnerships with management and law enforcement.
Meeting Transcript
Call the meeting to order. I invite you to join us in the Pledges of Allegiance. Roll call pack here. Strand. Here. Turnburg. Here. Mahoney. Here. We've come out of the executive session, and I have two motions that are to be forwarded. Commissioner Colpack. Yes. I moved the city commission authorized the city attorney and city administration to prepare, execute, and serve the necessary request for exclusion documents. Excuse me, advising that the City of Fargo public water system opts out of the Tycho and BASF proposed class action settlement agreements in the matters of in ray aqueous film forming foams products liability litigation. Second. Turnberg, I. Pepcorn. Yes. Cold pack. Yes. If you or someone know somebody's having suicidal thoughts, please encourage them to call or text 988. Library. Each kit contains instructions on how to use the device and what to do if high levels of radon are detected. It was interesting to me a few years ago. We had somebody actually give a uh uh wind service on radon, and the young lady was affected by it, so you may not you know you have it in your home, but it's good to have your house tested for it to make sure you don't get any onward side effects. The library's design of bookmark contest returns for the 15th year, and it opens for all ages. Contest forms are available at all library locations. The top designs will be made into bookmarks that will be handed out at all library locations. Police as a part of a continuous efforts to connect with youth in our community, the Fargo Police Department added a sticker coloring contest to the community picnic this year. Three winners were chosen, and their designs were turned into stickers and magnets to be placed in squad cars. The three winners even had a chance to tour the police department headquarters. We have a short video showcasing the contest and the winners. Please enjoy. I was actually brought back to when I was a young kid and remember doing this with my grandma. The idea just kind of came to me as it would be really neat to be able to have kids in the community have that kind of an experience and an experience out with law enforcement. The talent of the kids is really kind of neat. Uh, as you can see in some of the videos that we've taken with a couple of them that were able to do the design. They have they have different work different approaches to everything, right? Like I just saw colors and I wanted a color, or this has been in my mind for a while. Well, like I only did it for my sister at first because she didn't want to do it alone, but then like I kind of got into it. I kind of thought the regular old stickers were kind of boring because they were just black and plain. So, like, and North Dakota is like a farming state. So I just did like a rainbow kind of color. I don't know, to me, it's like natural in a way. I drew a really good one. My mom just showed it to me, and then I said sure. I was so proud. My family members were proud. Like my mom called my dad in office, and he was proud. Like everybody was proud around me.
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