Fargo City Commission Meeting Summary: September 30, 2024
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Fargo City Commission Regular Meeting – September 30, 2024
The Fargo City Commission met on Monday, September 30, 2024, at 5:00 PM in the Commission Chambers. The meeting lasted until 7:13 PM. Key actions included approval of a $116,750 Flock Safety technology purchase (4–1), adoption of the 2025 Final Budget with a 4.5% COLA and no new mill increase (3–2), and continuation of a special assessment hearing to October 14 due to a North Dakota Supreme Court ruling. Several public hearings were held on zoning, Renaissance Zone rehabilitation, special assessments, and budget amendments. Public comments addressed Flock Safety concerns, budget priorities, homeless services, and community programs.
Consent Calendar
- Approved unanimously (Items 1–38): including second readings of rezoning ordinances for Harwood's 4th Addition and Legacy I Eighth Addition; renewal of alcoholic beverage and live entertainment licenses; games of chance applications; consent to construction with JBJ Properties; conduit lease with VAL-ED Joint Venture; variance and waiver for Riverside Cemetery; encroachment agreement with Oak Grove Lutheran School; deferral of special assessments for A & T Land Co.; negative final balancing change order (-$192,930.10); MOUs with Park District for shared use paths; change order and time extension for BN-23-E1 ($4,614.50); reimbursement to St. Mary's Cathedral ($12,587.17); creation of Improvement District BR-25-A; contract and bond for BR-23-G3; bid awards for snow removal; FAHR staff meeting items; letter of support for FAA waiver; joint fire training MOU; master service agreement with AdShark; agreements with Clay County Public Health and various service providers; grant awards from ND HHS; letter of support for EPA 319 Grant; amendment to consulting agreement with czb, LLC; exempt purchase from Butler Machinery ($144,701.97); task order with HDR Engineering ($179,130); amendment to task order with AE2S ($96,850); bills totaling $14,155,780.13.
Public Comments & Testimony
- Ron Gilmore (Fargo resident) opposed the Flock Safety purchase, calling it an intrusion on First and Fourth Amendment rights and expressing concerns about potential errors and police stops.
- Tim Nasheim (resident in Improvement District PN-23A) requested that curb/gutter and sidewalk repairs within the asphalt wear course project be separated and assessed at appropriate rates.
- Whitney Johnson (Chair of Native American Commission) spoke against proposed cuts to Indigenous Association and Youth Works, emphasizing the importance of these services to the Native community, especially on Truth and Reconciliation Day.
- Summer Sturlugson (Fargo resident) advocated for funding the Downtown Engagement Center (DEC), stating it diverts people from a broken system and helps connect homeless individuals to resources.
- Ron Gilmore (again) criticized the commission for known funding shortfalls and urged cutting "fat" rather than essential services.
- Melanie Heitkamp (Executive Director of Youth Works) described the emergency shelter's role in keeping police officers on the street and urged continued funding ($41,200 from the city).
- Kimberly Kemppanion (Fargo resident) warned that defunding the DEC would worsen homeless visibility and violate Resolution 4 of the camping ordinance.
- Asher Lorentzen (resident) criticized the city for providing port-a-potties for fishermen but not for homeless neighbors, and accused the commission of prioritizing fears over dignity.
- Olivia Fischer (resident via conference call) denounced the commission's silence on the Gaza genocide and called on them to denounce the violence.
Discussion Items
- Flock Safety Technology (Item 39): Police Captain Bill Ahfeldt presented the system, noting 42 documented successes since June 3, 2024, including stolen vehicle recovery, warrant arrests, and suspect identification. Data is retained 30 days and not used for facial recognition or speed enforcement. The purchase ($116,750) is from seized assets. Commissioner Piepkorn opposed, citing financial uncertainty and desire for regional cost-sharing. Commissioner Strand supported the technology. Motion passed 4–1 (Piepkorn nay).
- The Pines at the District Rezoning (Item 40): Planning Director Donald Kress explained the zone change to MR-3 with Conditional Overlay for two subdivisions owned by Bethany on 42nd. Planning Commission recommended approval. Unanimous vote.
- Renaissance Zone Project (Item 41): Director Cole Kritzfeld presented rehabilitation at 315 Main Avenue ($900,000 investment, 5 residential units). Scoring was 49/90, but staff recommended approval. Renaissance Zone Authority approved 8/28. Unanimous vote.
- Special Assessments – BID, Utilities, Skyway, Snow Removal (Item 42): Steve Sprague detailed BID increase to $760,000, Skyway to $160,000, snow removal for two properties, and unpaid utilities (193 properties list). Unanimous approval.
- Sidewalk Special Assessments (Items 43–44): Two projects totaling $1.2 million, affecting 250 parcels. Interest rate 5.08% including 0.75% net. Unanimous approval.
- Improvement District Assessments (Item 45): Due to a September 17, 2024 ND Supreme Court ruling, public hearing was held but final action continued to October 14, 2024, to allow Special Assessment Commission to confirm benefit. Tim Nasheim spoke on District PN-23A. Motion to accept list pending benefit confirmation carried unanimously.
- 2025 Final Budget and Tax Levies (Item 46): Mayor Mahoney presented balanced budget with 4.5% COLA, no mill increase, $12 million increase (11%) driven by transit deficit ($3.5M), police station bonding, and compensation. Commissioner Strand proposed amendment to add three RIFs and eliminate Office of Strategic Planning & Research – failed for lack of second. His second amendment to remove non-legacy funding for arts partnerships, land trust, MLK/Juneteenth events – also failed for lack of second. After public comment, motion to approve budget as presented passed 3–2 (Kolpack, Strand, Mahoney aye; Piepkorn, Turnberg nay).
- Liaison Commissioner Updates (Item 47): Commissioners reported on board/committee assignments. Mayor noted Fire Station #8 ribbon cutting October 23, 2024, and new fire academy.
Key Outcomes
- Flock Safety Purchase: Approved (4–1). Funds from seized assets; system installed June 3, 2024.
- The Pines Rezoning: Approved unanimously (5–0).
- Renaissance Zone Project (315 Main Ave): Approved unanimously (5–0).
- Special Assessments (BID, utilities, skyway, snow removal): Approved unanimously (5–0).
- Sidewalk Assessments (SR-23-A & SR-23-B): Approved unanimously (5–0).
- Improvement District Assessments: Accepted as presented with benefit confirmation pending; action continued to October 14, 2024 at 5:15 PM.
- 2025 Final Budget: Approved (3–2). The budget is balanced with a 4.5% COLA and no new mills. The commission will begin work on 2026 budget immediately.
- Public Input Opportunity: All public hearings were held; speakers exercised their rights.
Meeting Transcript
Good evening. We'll begin with the Pledge of Allegiance. I invite you to join us. Roll call. Cole Pack. Here. Pepcorn. Here. Strand. Turnberg. Here. Mahoney. Here. Fire. October is fire prevention month in the Fargo Fire Department reminds residents to install smoke alarms in every bedroom outside each separate sleeping area and on each level of the home, including the basement. And to test smoke alarms at least once a month by pushing the test button. All smoke alarms should be replaced when they are ten years old or stop responding when tested. Second. All those in favor say aye. Aye. Opposed say nay. Motion carried. So moved. Is there a second? Second. Any corrections? Otherwise, all those in favor say aye. Aye. Those opposed, say no. Motion carried. Is there a motion to approve the consent agenda items one through thirty-eight? That's a move. Is there a second? Second. Yes. Turnberg. Aye. Mahoney. Aye. Item 39. Recommendations approve the purchase of the Flock Safety Technology from the Flock Group for the Fargo Police Department. Chief Sabowski or who's going to give it? Bill AFLC. Good afternoon or good evening, I guess everyone. Appreciate the opportunity to come up here and just give a quick presentation on a purchase set we'd like to make as it pertains to safety in the city of Fargo. This is going to be a very short presentation, shorter than one that was given on September 23rd finance committee meeting. But at the request of Commissioner Saran, we thought we'd uh go through this a little bit for the public to see what we'd like to do. So we'll take about five minutes here to talk about Flock and the real-time crime center implementation. So a brief history of uh of what Flock is in 2022, we were uh asked to look into uh options to replace our downtown camera system. As we started to do that, we saw that there are uh much more advanced technologies out there, more than just uh cameras, but also cameras and license plate readers.
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