Fargo City Commission Regular Meeting - September 16, 2024

The Fargo City Commission met on Monday, September 16, 2024, at 5:00 PM in Commission Chambers. All five commissioners were present: Mayor Mahoney, Commissioners Kolpack, Piepkorn, Strand, and Turnberg. The meeting began with the Pledge of Allegiance and roll call. It included approvals of a consent agenda, regular agenda items, three public hearings on zoning changes and a public hearing on the 2025 Preliminary Budget, followed by a vote on budget-related position eliminations. The meeting adjourned at 6:26 PM.

Consent Calendar

• Approved unanimously (5-0) the consent agenda (items 1-20, excluding item 16 moved to regular agenda). Items included: Agreement for Special Improvements with ARD Properties LLC (Improvement District No. BN-24-B1); games of chance applications for Carl Ben Eielson PTA and New Life Center; Final Balancing Change Order No. 2 ($0.00) for Project UR-24-H1; Memorandum of Offer for easements with Tones LLC; Change Order No. 1 ($284,983.47) for Improvement District BN-23-F1; Change Order No. 2 ($2,475.00) for Improvement District BN-23-J1; creation of Improvement District FP-19-A (Southwest Regional Pond Phase 2); Facilities Management Policies; resolutions authorizing Taxable Annual Appropriation Bonds Series 2024F and 2024G; FAHR staff items including a $99,200 WIC grant amendment, a plat application to West Fargo, an RFP for advisory services and commercial realtors for landfill-adjacent property, an amendment with KLJ Engineering ($42,375.00) for City Hall Deck Repairs Phase 2, and interim compensation for City Administrator Michael Redlinger (net $0.00 impact to City); contracts for Fire Station No. 5 Renovation (general, electrical, mechanical); grant agreement for TB Care Coordination Services; vacating findings for 1710 1st Avenue South; amended findings for 909 4th Street North; funding approval and HOME Investment Partnerships Agreement with HUD; consent to rename the Badges of Unity Fund to the Fargo Police Foundation; quitclaim deed with the Park District for South Ridge First Addition; bid award to Northern Truck Equipment ($195,525.00) for a hook and hoist refuse truck; and bills totaling $15,098,132.58.

Regular Agenda Items

• Item 16: Resolution approving Plat of College Third Addition – Moved from consent agenda at Commissioner Strand's request. Planning Director Donald Cress presented a minor subdivision at 1038 25th Street North to create a second lot for a single-family residence on an SR3-zoned lot. Public comment: Paula Strom Sow (resident of 1122 25th Street North) expressed concerns about parking congestio, green space, and behavior of current renters. Discussion: Commissioner Piepkorn noted parking is not allowed in alleys; Commissioner Strand stated that parking issues are citywide but housing needs take precedence. Motion to approve carried 5-0 (Kolpack, Piepkorn, Strand, Turnberg, Mahoney aye).
• Item 21: Appointments to Civil Service Commission and Fargo Dome Authority – Approved 5-0.
• Item 27: Application for Property Tax Exemption – For improvements at 1416 West Gateway Circle South (5 years). Approved 5-0.

Public Hearings (commenced at approximately 5:15 PM)

• Item 22: Legacy I Eighth Addition (6155 24th Street South) – Recommended by Planning Commission on 6/4/24. Zoning change from GO (General Office) with C-O (Conditional Overlay) to GO with C-O and SR-5 (Single-Dwelling Residential), plus plat. No public speakers. Motion to approve rezoning and plat carried 5-0. Subsequently, first reading of the rezoning ordinance was approved 5-0.
• Item 23: Legacy I Eighth Addition (same property) – Recommended by Planning Commission on 8/6/24. Zoning change from GO with C-O to MR-3 (Multi-Dwelling Residential) with PUD (Planned Unit Development) overlay, and approval of the PUD Master Land Use Plan. Developer Brandon Rayborn (Rayline Realty) presented a proposed 51-unit apartment building with half-story underground parking and a residential protection buffer. Commissioner Piepkorn noted no opposition from neighbors. Commissioner Strand asked about incentives; Rayborn stated no incentives were used. Motion to approve rezoning and PUD plan carried 5-0. First reading of ordinance approved 5-0.
• Item 24: Harwood's 4th Addition (806 7th Street North) – Recommended by Planning Commission on 7/2/24. Zoning change from MR-3 to SR-5 and plat for a twin home development on a 7,000 sq ft lot. No public speakers. Motion to approve carried 5-0. First reading of ordinance approved 5-0.
• Item 25: Public hearing on the 2025 Preliminary Budget and recommended tax levies – Mayor noted no increase in mill levy for the airport authority. Approximately eight residents spoke (Connie Hamre, Glenn Knudson, Brad Shaffer, Jonathan Adams, Hassan Iber, Charles King, Sekou Sirleaf, Matuor Alier, and others). Positions varied: Several speakers expressed opposition to property tax increases and called for spending reductions, with some singling out the DEI position as wasteful; others, particularly members of the community of color, voiced strong support for retaining the DEI position, arguing it provides essential representation for people of color, veterans, and people with disabilities. The mayor and commissioners acknowledged the comments; final budget hearing scheduled in two weeks.

Discussion Items

• Item 26: Recommendation for budget-related position eliminations – City Administrator recommended elimination of 6.2 positions (3 occupied, 3.2 vacant) to meet expenditure reduction targets, including the DEI Director position. Commissioner Strand expressed dissatisfaction, stating he wanted broader cuts across departments before supporting employee COLAs. Commissioner Kolpack supported the recommendation, noting it followed the process and that every department made cuts. Mayor Mahoney indicated ongoing review. Motion by Commissioner Piepkorn, second by Turnberg. Roll call vote: Ayes – Kolpack, Piepkorn, Turnberg, Mahoney; Nay – Strand. Motion carried 4-1. This action eliminated the DEI position.

Key Outcomes

• Consent agenda approved 5-0.
• Plat of College Third Addition approved 5-0.
• Appointments to boards approved 5-0.
• Property tax exemption approved 5-0.
• Legacy I Eighth Addition zone changes and plats (Items 22 and 23) both approved 5-0.
• Harwood's 4th Addition zone change and plat approved 5-0.
• Budget-related position eliminations approved 4-1, eliminating the DEI position.
• Final budget hearing set for two weeks (date not specified but implied as the next meeting).
• Commissioner Strand reported that the Airport Authority changed meeting schedule to the second Tuesday of each month.