Fargo City Commission Meeting October 28, 2024: Winter Warming Plan Approved, Annexation and Rezoning Passed
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Fargo City Commission Meeting - October 28, 2024
The Fargo City Commission met on October 28, 2024, at 5:00 PM following a 4:00 PM executive session (4:00–4:52 PM) for attorney consultation regarding pending litigation (Liquid Hospitality, LLC v. City of Fargo). The regular agenda included consent items, public hearings on annexation, rezoning, and a liquor license ownership change, as well as a contentious debate on a winter warming plan for the homeless. The meeting also featured updates on a new fire station, city growth statistics, and other initiatives.
Consent Calendar
- Approved 33 consent items unanimously, including:
- Receive and file an ordinance on contractor littering.
- Site authorizations for games of chance (Homeward Animal Shelter, ND Horse Park Foundation).
- Raffle applications (Shiloh Masonic Lodge, Sts. Anne & Joachim, Village Family Service Center).
- Special assessment deferral agreement with Sanford North.
- Reimbursement of $8,160 for irrigation repairs.
- Modifications to sanitary sewer service participation policy.
- Various change orders and bid awards, including: $1,819,337 to Municipal Pipe Tool Company for Improvement District UR-24-F1; $62,150 to Gast Construction for North Parking Deck repairs; contracts with Valley Green and All Terrain for snow removal (2024–2027).
- Contracts for services: Southeast Human Service Center, Liz Hannig (physical activity code), Center Point Tactical, LLC, and amendment with Tyler Technologies.
- Resolution approving plat of Timber Parkway Eleventh Addition.
- Resolution authorizing $15,000,000 sales tax and water revenue bond/loan for Advanced Metering Infrastructure (AMI) project.
- Bills paid totaling $20,842,594.67.
Public Comments & Testimony
- Tracy Wilkie spoke, referencing President Biden’s first-ever apology for Native American boarding schools and urging the city to continue working with Native American populations. She noted overrepresentation of Native Americans in unhoused populations and the criminal justice system, and called for expanded winter warming services and compassion.
Discussion Items
Winter Warming Plan (Item 34)
Commissioner Strand proposed directing staff to prepare a winter warming plan, citing available ARP funds. A heated debate ensued:
- Commissioner Piepkorn opposed, arguing Fargo has become a magnet for homeless from other counties and that taxpayer-funded services are destroying downtown, increasing property taxes, and driving businesses away. He claimed police are not responding and that the downtown engagement center is a “disaster.”
- Commissioner Strand countered that the alternative is people freezing to death, referencing a historical case. He stated that most homelessness is due to evictions, and that providing warmth is humane.
- Commissioner Kolpack acknowledged complexity but noted staff are actively addressing issues and that a process exists for complaints.
- Mayor Mahoney clarified that police do respond and that crime is down; he supported the plan and noted the city is working with Bloomberg Institute for long-term solutions.
- Commissioner Turnberg supported the plan, recalling that 40–50 people were warmed nightly last winter. The motion passed 3–2 (Kolpack, Strand, Mahoney in favor; Piepkorn and Turnberg opposed).
Annexation (Item 35)
Public hearing on annexation of 243.16 acres (west half of Section 4, Township 138N, Range 49W) for the Southwest Pond regional stormwater facility. City staff noted the city owns the land, no development is proposed, and Cass County and Stanley Township were notified. Motion to annex passed unanimously (5–0). First reading of the annexation ordinance also passed unanimously.
Rezoning (Item 36)
Public hearing for Southwest Fargo Mission Second Addition (4475 40th Avenue South). Proposal to rezone from GC (general commercial with conditional overlay) to MR-3 (multi-dwelling residential with conditional overlay). Planning Commission recommended approval. Motion to approve rezoning and conditional overlay passed unanimously (5–0). First reading of the rezoning ordinance also passed unanimously.
Liquor License Ownership Change (Item 37)
Application for Class “Z” (full alcohol) license for Fort Noks (Vault Partners LLP) at 52 Broadway North. Two new owners: Cole Jirik and Mr. Lavoy. Mayor split the motion.
- Cole Jirik: No background issues; approved unanimously by the Liquor Control Board (4–0). Motion to approve Jirik passed unanimously.
- Mr. Lavoy: Chief of Police reported false statements on the application: failure to disclose a 2015 DUI arrest (pleaded to reckless driving) and a 2010 disorderly conduct misdemeanor. Staff offered options to withdraw or file a corrected application, but Lavoy chose to proceed. After discussion, motion to continue the hearing to the next meeting (November 12, 2024) passed unanimously (5–0).
Property Tax Exemptions (Item 38)
Approved 13 applications for 5-year tax exemptions on building improvements. Motion passed unanimously.
Key Outcomes
- Directed staff to prepare a winter warming plan (3–2 vote).
- Approved annexation of 243.16 acres for the Southwest Pond (unanimous).
- Approved rezoning for multi-dwelling residential (unanimous).
- Approved ownership change for Cole Jirik (unanimous); continued Lavoy portion to November 12, 2024.
- Approved 13 property tax exemptions (unanimous).
- Approved consent agenda items 1–33 (unanimous).
- Received liaison reports and resident comment.
Meeting Transcript
We'll call the meeting to order. I invite you to join us for the parts of allegiance. Under God. Roll call, please. OPAC. Here. Epcorn. Here. Strand. Here. Turnburg. Here. Mahoney. Here. Library. The November movie series will feature four disaster films to the nineteen seventies. The dates in the films are November third, Airport, November tenth, the Poseidon Adventure. Fargo tops, the new analysis of the American's fastest growing cities by Ray Old Toilet.com, which said Fargo's population will surge to nearly 429,000 by the year 2010. North Dakota's current ranks of the sixth most affordable state of cost of living, and Fargo's housing market reflects affordability with a medium home price of 389,000. Other cities in the top 10 include Denton, College Station, Sugarland, Frisco, Round Rock, Texas, and Fort Collins, Colorado, and Move Free Borough, Tennessee, Lincoln, Nebraska, and Renton, Washington. Lumen Securities is a facilitated closing of 21.5 million dollars in tax exempt and taxable bonds to fund the construction and long-term finance of the Alaska Witch Riverfront. A hundred and ten unit affordable multifamily apartment community in Fargo. The project will be developed by Blue Line Development and the Fargo Housing and Redevelopment Authority. And if you haven't been over there, they're putting the foundations and they're starting the building. So excited about that. It should be done by next year. Hopefully it'll be like the fire station and done on time under budget. That'd be great. On Tuesday, City Hall will host Impact Fargo event organized by the Fargo Youth Initiative. All high school students in Fargo are welcome to attend where they can learn how to make impact on issues that affect youth in the community. There will be sessions on youth homelessness and mental health, and the keynote speaker will be Fred Edwards from the group Fred Dissonance. The event runs from 9 to 4 p.m. and lunch will be served and provided. And it's kind of hope the commissioners can make the 215 session, which you'll break out into sessions and visit with the students. And they get to hear your story, how you got in politics or what happened, or maybe John, what you've learned along the way, or how you remember birthdays. I have no idea. Anyway. Okay. The project broke around on June 20th, 2023 and was expected to cost 5.3 million dollars. The station took the station only took 16 months to build and also came in under budget by 7%. This new station is designed with the firefighters' health and safety in mind by adding hot, warm, and cold zones to help them make their working and living quarters more comfortable. And I think the chief and I talked about it. She'd decrease risk of cancer in our firefighters, we hope. You name it, they truly do it all. And they do it because they are dedicated public servants who want the best for this community. I mean, take a go through a project like this with the limited number of change orders that we had. We were able to work through that. And uh just say hold the budget. No, we're not going to do it this way. This is the way it was designed.
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