Far More is Happening Here

Fargo City Commission - August 5, 2024

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Monday, August 5, 2024.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Back-to-school immunization clinics will be August 7th, 14th, 21st and 27th at Fargo Cass Public Health and August 21st and 27th at Family Healthcare; the Jigsaw Puzzle Social and Swap is August 17th at 9 a.m. at the Downtown Library; beginner Yoga for adults is at 6 p.m. Thursdays through the summer at the Carlson Library; and videos were shown featuring Navy Week, the Fargo AirSho and the demolition of Water Tower No. 1.

Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved, amending the motion for Item No. “45” to read “Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Enacting Article 10-14 of Chapter 10 of the Fargo Municipal Code Relating to Camping on Public Property.”

Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg and Mahoney voted aye.
Commissioners Strand and Piepkorn voted nay.
The motion was declared carried.

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on July 22, 2024 be approved as read.

Second by Turnberg. All the Commissioners voted aye and the motion was declared carried.

Consent Agenda Approved:
Commissioner Kolpack moved the Consent Agenda be approved as follows:
1. Resolution Establishing the Wildlife Management Program for the 2024-2025 season (Attachment “A”).
2. Receive and file an Ordinance Amending Section 23-0211 of Article 23-02 of Chapter 23 of the Fargo Municipal Code Relating to the Electrical Code.
3. Second Amendment to the Findings of Fact, Conclusions and Order regarding 1710 1st Avenue South, Fargo, North Dakota.
4. Direct the City Attorney to amend Fargo Municipal Code 25-1512(D) waiving compliance failure penalty if licensee agrees to use ID Scanner.
5. Extension of a Class “F” Alcoholic Beverage License for Mango’s, Inc. d/b/a/ Mango’s until building repairs are made.
6. Applications for Games of Chance:
a. HERO Healthcare Equipment Recycling Organization for a raffle and raffle board on 9/27/24.
b. Legacy Children’s Foundation for a raffle on 8/19/24.
c. Nativity Church of Fargo for bingo and a raffle on 11/3/24.
d. North Dakota Long Term Care Association for a raffle on 9/26/24.
e. United Republican Committee of Cass County for a raffle on 8/14/24.
7. Change Order No. 1 in the amount of $66,647.96 for Improvement District No. PR-24-G1.
8. Utility Relocation Reimbursement in the amount of $12,816.95 for Improvement District No. BN-23-A1.
9. Developer Agreement with 202 Flats, LLC for Cityside Addition.
10. Developer Agreement with ProCore Development, LLC for Legacy 1 Eighth Addition.
11. Memorandum of Understanding Regarding Storm Sewer and Street Maintenance, Repairs and Reconstruction with the City of Horace (Deer Creek Addition).
12. Easement (Temporary Construction Easement) with Global Development, LLC (Improvement District No. BR-25-F1).
13. Memorandum of Offer to Landowner for Permanent Easement (Street and Utility) and Permanent Easement (Utility) with JLB South, Inc. (Improvement District No. PR-24-A1).
14. Contract and bond for Improvement District No. BN-24-C1.
15. Change Order No. 4 in the amount of $20,800.00 and time extensions to interim completion date 3 and interim completion date 4 for Project No. NR-23-A2.
16. Change Order No. 1 in the amount of $4,085.00 for Project No. UR-24-H1.
17. Final Balancing Change Order No. 1 in the amount of $0.00 for Project No. ER-24-A1.
18. Final Balancing Change Order No. 1 in the amount of $0.00 for Project No. ER-24-B1.
19. Bid award to Industrial Builders Inc. in the amount of $169,060.00 for Project No. DR-21-A1.
20. Bid award to Key Contracting Inc. in the amount of $393,470.00 for Project No. UR-24-A1.
21. Contract and bond for Project No. PR-24-F2.
22. Contract and bond for Project No. WA2451 (ITB24209).
23. Master Service Agreements for HVAC and Plumbing Services, as presented (RFP24229).
24. Items from the FAHR Staff meeting:
a. Sales tax update.
b. NP Avenue/Red River tree removal.
25. Taxable Annual Appropriation Bond (NP Parking), Series 2024E (Infrastructure Revolving Loan Fund) Term Bond, Closing Certificate, Loan Agreement (Infrastructure Revolving Loan Fund) and Financing Resolution (Attachment “B”).
26. Agreement between Fargo Cass Public Health Department and Doyle’s Yellow Checker Cab, Inc. (RFP24232).
27. Application for the Title V/Maternal and Child Health Program Grant.
28. Addendum C to the Cass Human Service Zone Agreement with Fargo Cass Public Health.
29. Purchase of the Phosphorus Unified xloT Security Management Platform from Doosan Digital Innovation America, LLC. (RFP24272).
30. Resolution approving Plat of University South Fifth Addition (Attachment “C”).
31. Bid award to RDO Equipment in the amount of $25,000.00 for the 2024 rental wheel loader contract (RFP24268).
32. Bid award to RDO Equipment in the amount of $65,000.00 for the 2024 rental wheel loaders contract (RFP24267).
33. Bid award to Butler Machinery Company in the amount of $42,500.00 for the 2024 rental motor grader contract (RFP24266).
34. Bid award to Sanitation Products in the amount of $612,298.00 for the purchase of two auto side load refuse trucks (RFP24269).
35. Joint Powers Agreement for School Resource Officers Amendment Number One with Fargo Public School District.
36. Agreement for Transit Services and 2024-2025 Amendment to Joint Powers Agreement for Transit Support with North Dakota State University.
37. Change Order No. 4 in the amount of $127,486.00 for emergency repairs to West Side Interceptor Project No. WW1701.
38. Bills in the amount of $31,392,477.36.

Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resolution Authorizing the Sale of Property West of the Landfill Adopted:
Director of Strategic Planning and Research Jim Gilmour said the property west of the landfill was acquired in 1995 as a future landfill site; however, it is no longer suitable for a landfill. The site is approximately 85 acres and located in the City of West Fargo, he said, and portions of the site are used for landfill monitoring wells and a snow dump the City needs to retain, which could be sold after a new site is located. The recommendation, he said, is to use a nonexclusive listing agreement with commercial realtors to list the property and hire a commercial realtor as an adviser. He said upon approval of a Resolution authorizing the sale of the property, staff will write a request for proposals for advisory services and commercial realtors. The Resolution states the property is no longer required for entirely a public purpose, he stated, and it directs staff to initiate a process for marketing and disposal of the property that is not used by the City.
Commissioner Piepkorn moved the Resolution titled “Resolution Authorizing Sale of Property,” and referred to as Attachment “D,” be adopted and attached hereto.

Second by Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Kolpack, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Recommendation for a FARGODOME Remodel and Expansion Project Without a Conference Center Addition Approved: Project to be Placed on the November 5, 2024 Ballot:
David Suppes, President of the Fargo Dome Authority, said the Resolution will start the process of amending the City’s Home Rule Charter to authorize a one quarter of one percent sales, use and gross receipts tax, which would be placed before Fargo voters on November 5, 2024 as to whether the Home Rule Charter should be amended. He said the proposed tax is for a 20-year term for collection starting April 1, 2025, and ending March 31, 2045 and the funds collected from the tax will be used for costs associated with the remodeling of the FARGODOME and with ongoing capital improvements, maintenance and operations. Proceeds will be placed initially in a capital construction fund, he said, with proceeds used to make direct payment of the costs for construction, maintenance and operations or to amortize bonds or other obligations, which may be sold to finance such costs. Any funds remaining after completion of the remodel and payment of related obligations, he said, will be placed in a special escrow fund to be utilized by the Fargo Dome Authority to provide for future capital improvements, maintenance and operations. The Fargo Home Rule Charter requires that all sales tax receive a 60 percent majority City-wide vote, he stated, and there would be a $6.25 cap on the sales tax charged on any single transaction of one or more items, which limits the sales tax to the first $2,500.00 of larger transactions. He said the sales tax would recognize the same exemptions as the 5 percent State sales tax. If this is approved, he said, a public information campaign will begin to inform voters of the planned improvements, which would include enhanced accessibility and patron experiences, improved seating and operational efficiencies.
Matt Larson, Director of Athletics at North Dakota State University, said over the last 30 years, Bison Nation and the City have enjoyed many wonderful moments in the FARGODOME. This renovation is a lot more than just Bison football, he said, and in his 10 years in Fargo, he has brought his children to the FARGODOME for the circus, monster trucks, high school championships, concerts, pancake breakfasts, craft fairs, Ribfest and the list goes on. He said this facility has served the community on so many levels over the past 30 years; however, a lot has changed, including technology, fan amenities, building codes, concessions and the overall fan experience. He said people do not consume games, events and concerts the way they did 30 years ago and they expect more. This renovation addresses those expectations and raises the FARGODOME to the level the fans and community members want, he stated.
Commissioner John Strand said it is the Commission’s role to put the question to the people, who will have the opportunity to decide.
Mayor Mahoney said this is long overdue and the Civic Center is an example of what happens when things are mothballed. The FARGODOME needs to expand to make it a place where people want to go, he said, and everyone wants Fargo to be a destination city and the FARGODOME is needed to achieve that. Enhancing the experience for the visitors and fans who come into the FARGODOME will be greatly appreciated for anybody who attends a concert or anything else, he said, and people go for an enhanced experience and Fargo needs to compete with the Twin Cities, Grand Forks and Sioux Falls.
Commissioner Piepkorn moved the Fargo Dome Authority’s concept for a FARGODOME remodel and expansion project without the conference center addition be approved.

Second by Turnberg. On call of the roll Commissioners Piepkorn, Turnberg, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

_Commissioner Kolpack moved City staff be authorized to move forward with placing language to amend the Home Rule Charter to allow for a 20-year, one-quarter of one percent City-wide general sales, use and gross receipts tax on the City’s Election ballot held in conjunction with the Cass County General Election on November 5, 2024.

Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Commissioner Piepkorn moved the language to establish a one-quarter of one percent sales, use and gross receipts tax for a FARGODOME remodeling project on the November 5, 2024 ballot be approved, as presented.

Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent an none voting nay, the motion was declared carried

The Mayor read a proclamation proclaiming August 9th as Savanna Greywind Day and recognized Ruth Buffalo and her family, who were in attendance and representing the Greywind family.

Renewal Plan and Developer Agreement with JS2L Partners, LLP for Tax Increment Financing District No. 2024-01 Approved (600 Block of 4th Street North):
A Hearing had been set for June 10, 2024 on a Renewal Plan and Developer Agreement with JS2L Partners, LLP for Tax Increment Financing District No. 2024-01.
At the June 10, 2024 meeting the Hearing was continued to June 24, 2024.
At the June 24, 2024 meeting the Hearing was continued July 8, 2024.
At the July 8, 2024, the Hearing was continued to this date and hour.
Director of Strategic Planning and Research Jim Gilmour said this plan is for redevelopment of a block on the northeast edge of Downtown between 6th and 7th Avenues North and 3rd and 4th Streets North. He said the entire block is vacant and the buildings are blighted. The future land use plan for the Downtown indicates housing for the block, he said, and current and proposed zoning would allow housing on the block. He said the developer is requesting up to $1,706,500.00 in Tax Increment Financing (TIF) to demolish the buildings and clean-up the site. The amount of new development could be between $10 million and $30 million, he said, and the annual TIF income is up to $400,000.00 per year with the length of the TIF district proposed to be 5 years following the completion of the project and expiration of any incentives.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, Certain areas within the City are in need of redevelopment order to prevent further deterioration, to encourage investment and to preserve property values; and
WHEREAS, The Board of City Commissioners desires to avail itself of the power and authority granted by Chapter 40-58 NDCC.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners as follows:
1. That one or more slum or blighted areas, or areas consisting of industrial or commercial property, or a combination of those areas of properties, exist in the City of Fargo.
2. That the development, rehabilitation, conservation or redevelopment, or a combination thereof, of the area contained within the Renewal Plan for Tax Increment Financing District No. 2024-01, is necessary in the interest of public health, safety, morals or welfare of the residents of the City of Fargo and will afford maximum opportunity, consistent with the sound needs of the city as a whole, for the rehabilitation or redevelopment of the development area by private enterprise.
3. That there are blighted areas within the area contained within the Renewal Plan with deteriorated conditions that discourage redevelopment. The Renewal Area, as defined in the Renewal Plan, is blighted due to the presence of these conditions have substantially impaired the growth of the City, and have slowed the provision of appropriate redevelopment in this area. As a result, the Board of City Commissioners finds that a blighted condition exists in the said area.
4. That the area designated as the Renewal Plan for Tax Increment Financing District No. 2024-01 is appropriate for a development project.
5. That such development, rehabilitation, conservation or redevelopment of the area contained in the Renewal Plan for Tax Increment Financing District
No. 2024-01 requires the powers and authority granted in Chapter 40-58 NDCC.
6. That the Renewal Plan for Tax Increment Financing District No. 2024-01 is hereby officially adopted by the Board.
7. That a Developer Agreement be prepared in regard to the Tax Increment Financing.
8. That the appropriate staff be directed to request the County Auditor and Treasurer to compute, certify and remit tax increments resulting from the development or renewal of the area in accordance with the plan and any modifications thereof, and that the County Auditor and Treasurer shall do so in accordance with this section.

Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Parcels of Land in YWCA Addition and Presentation Addition Rezoned (3000 University Drive South; 3014 12th Street South; 3000, 3001, 3003 and 3004 11th Street South; 1120 30th Avenue South; 1001 and 1101 32nd Avenue South):
At a Hearing held on July 2, 2024 the Fargo Planning Commission recommended approval of a change in zoning from MR-1, Multi-Dwelling Residential, MR-2, Multi-Dwelling Residential, and SR-2, Single-Dwelling Residential to P/I, Public and Institutional.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the joint application is between the YWCA, Sisters of the Presentation and the City. He said the ownership of the properties will ultimately be the YWCA for future development and the City has planned infrastructure projects related to flood risk management on a portion of the property.
Erin Prochnow, CEO of the YWCA Cass Clay, said the YWCA’s location on South University Drive provides emergency shelter for women and children and a partnership exists with the Sisters of the Presentation to provide affordable and supportive housing. She said the YWCA acquired the former Sacred Heart Convent from the Sisters of the Presentation in 2022 and invested $8.3 million to create Lantern Light, which is 23 units of supportive housing for women and children. She said last year the YWCA purchased two other buildings in this same location and invested $3 million to renovate them and recently moved 12 families into those locations. The YWCA has a purchase agreement in place for another property in this area, she stated, which will be additional supportive and affordable housing for women and children.
Commissioner Kolpack said the YWCA brings expertise and determination to complex solutions for housing and the community is better for it.
Commissioner Kolpack offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Kolpack, Strand, Piepkorn, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land in YWCA Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Kolpack moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land in YWCA Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

Second by Strand. On call of the roll Commissioners Kolpack, Strand, Piepkorn, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

First Reading of an Ordinance Rezoning Certain Parcels of Land in Presentation Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Kolpack moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land in Presentation Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

Second by Strand. On call of the roll Commissioners Kolpack, Strand, Piepkorn, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resolution to Amend the Home Rule Charter to Allow for an Additional 3% City Lodging Tax to be Placed on the November 5, 2024 Ballot:
Visit Fargo-Moorhead President Charley Johnson said the Resolution, if approved, would put a measure on the November 5th ballot to amend the Home Rule Charter to establish an additional 3% City lodging tax for the purpose of constructing a conference space somewhere within the City. He said as a point of clarification, the lodging tax is specifically a hotel/motel or other short-term rental tax, such as a bed and breakfast, not a tax on any private lodging or home. He said the measure specifically does not call for a particular project and instead, if passed, Commissioners would establish a committee to do a Request for Proposal seeking a public-private partnership for the project. He said the Resolution further states that if passed, the City would not begin collecting the new hotel/motel tax until and unless a project was identified and approved by the City Commission. This process, if approved by voters, he said, would allow the City to attract a variety of proposals for a new conference space that would likely include an attached hotel. He said he was aware the Fargo Dome Authority would be asking to put a question on the ballot seeking approval of a quarter cent sales tax for renovation and expansion of the FARGODOME and Visit Fargo-Moorhead staff supports that measure. This additional hotel/motel tax is a painless way for the citizens of Fargo to build a convention center, he said, and it is a tax; however, it qualifies as a user fee and if voters approve this project, it will be paid for almost entirely by people who do not live in Fargo. Once it is in operation, it will lead to increased visitation to the community by visitors who will spend their money here and lift the local economy, he said.
Clair Hughes, General Manager of the Clubhouse Hotel and Suites, said she supports this measure, which is the most painless way for a convention center to happen. She said the community needs this and for hotels, being able to bring in larger groups, especially during the week, brings more spending to the community, which overall makes the hotel industry revenues grow and increases sales tax revenue. She said it will also increase Fargo's overall branding.
Mike Prekel, General Manager of the Fargo Holiday Inn, said he has past experiences with a new convention center from working in Kansas City, Missouri. He said overall it was a very good experience for the community and it brought in outside businesses and attractions, created jobs and promoted the overall hospitality industry in a positive light. This is a tax that does not impact Fargo residents, he said, the opportunity is there and now is the time to strike.
Dan Hurder, owner of Great Plains Hospitality, said he owns Marg's Diner and The Boiler Room restaurants as well as catering brands including Chef's Table, Urban Foods and Brew Catering. He said from the catering perspective, he sees quite a few events come through other venues in the area, including the Sanctuary Events Center, Fargo Theatre, Brewhalla and The Armory, and with every one of them, when there is an event happening, his businesses feel it, and when there is a concert at the FARGODOME, it is almost a guarantee that his business will spike. He said TedX at the Civic Center is a great influx of business for Downtown restaurants and he is an advocate for getting a convention center somewhere in the Fargo area due to the fact that it will impact restaurants across the board.
Mr. Johnson said Fargo cannot compete with other regional cities for convention space, including Bismarck, Grand Forks, Sioux Falls, St. Cloud, Rochester and Duluth. He said if this is approved, he would ask that the Resolution be amended to include reference to a hotel/motel tax, not just a lodging tax.
In response to questions from Commissioner Strand asking about the 50 percent versus 60 percent voting thresholds, what role will the City have if this is passed and will the City own the convention center, Mr. Johnson said due to the fact that this it is not a sales tax, it is not subject to the 60 percent requirement, the City Commission would establish a committee to run a RFP process to seek proposals from developers and then review those proposals and bring recommendations to the City Commission and depending on where it ends up being built, the City would have ownership of the public part of the building.
Commissioner Piepkorn moved that the Resolution titled “Resolution – Amendment of Home Rule Charter – Lodging Tax,” and referred to as Attachment “F,” be amended to include the words “Hotel/Motel Tax,” be adopted and placed on the November 5, 2024 ballot.

Construction Update:
City Engineer Tom Knakmuhs said there have been no safety incidents reported. He said completed projects include the 42nd Street overpass on I-94, 1st Avenue South between 4th and 7th Street and City-wide crack fill and sealcoat. Ongoing projects for rehab and reconditioning, he said, include: 7th Street North, NP Avenue, 9th Street South, Woodcrest Drive North, 32nd Avenue South, 13½ Street South, 1st Street North, various areas of asphalt mill and overlay, 39th Street South, various asphalt wear course projects, 40th Avenue South water main repair, and Citywide concrete sidewalk repair, traffic signal maintenance and pavement marking replacement. He said new development projects include: 52nd Avenue South, Veteran’s Industrial Park Addition, 45th Street North, 46th Avenue North, Alexander Drive South, the Bison Village Shared Use Path and various flood risk management projects. He said upcoming projects include: the Dakota Commerce Center North Addition and Selkirk Place 2nd Addition.

An Ordinance Enacting Article 10-14 of Chapter 10 of the Fargo Municipal Code Relating to Camping on Public Property Received and Filed:
Assistant City Administrator Brenda Derrig said at the beginning of the meeting there was a motion to amend the motion to waive the requirement to receive and file the Ordinance one week prior to the first reading; therefore, this will be the first reading of the Ordinance.
Commissioner Strand said the amendment added to the approval of the agenda is not the proper place to change the nature of a motion and he wants to stand by the original motion and timing. He said he disagrees with it being part of approving the agenda and it should be presented when the topic is discussed, not at the beginning of a meeting.
Commissioner Piepkorn said this is a very important issue and decisions should not be rushed. He said he knows a lot of people are concerned and want the Commission to address the issues; however, the Commission should take the time to go through it thoroughly.
Commissioner Strand moved that the Commission go back to the original motion, as presented.

Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Kolpack, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Elizabeth Cook spoke about being homeless and said the City should not make it illegal to camp on public property.
Commissioner Turnberg said residents are fearful for their lives and she has received many emails and phone calls from citizens. She said there was a rape under the bridge recently, people have been attacked, accosted, propositioned and asked for needles and they have seen nakedness and defecation into the river. She said it is unsanitary and unsafe, and it is not fair to others citizen who should also be able to use the trails and enjoy Downtown.
In response to a question from Commissioner Piepkorn asking about the fines, Ms. Morris said the three levels of penalty in Fargo are non-criminal, infraction and Class B misdemeanor. She said this is identified as an infraction; therefore, the maximum penalty would be a $1,000.00 fine, there is no jail time and the reason for an infraction is to have some enforcement authority in the event there is a required camp removal and Police involvement. She said Commissioners could make a recommendation as to what fine would be appropriate for the Municipal Court judge; however, if there is a citation for an infraction, the discretion for the judge is up to $1,000.00.
Commissioner Piepkorn said it is good to know there is a technical reason for the fine; however, any fine is going to be unaffordable to many of the homeless.
In response to a question from Commissioner Strand asking for a broader view of what this proposal would do, Ms. Derrig said this will be a multi-department approach and working with the Park District due to the fact that some of the parcels are owned by Parks and others are owned by the City. She said the City can only go so far with outreach and there needs to be expectations regarding cleanliness, size and appropriate locations for camps. She said under structures such as the bridges where the trails are close by is where the growth of some of the camps is happening and they are infringing on the trails. Some other camp areas are near critical structures, she said, such as water intakes and pump stations and the camps will have to stay outside of a certain footage of those structures as well as keeping a certain distance away from the trails. She said another expectation for those in the camps is to continue to work with the outreach teams. She will be back to the Commission in the near future with a proposal on what she feels could be done for a Housing First Pilot Project, she said. There are some American Rescue Plan funds still available that could be used for master leases to house a minimum of 10 people, she said, and she is also trying to find other funding opportunities for a Pilot Project.
Commissioner Kolpack said any project needs to be manageable in its roll out and there are not unlimited resources. She said other regional communities have tried different things and the City has learned some lessons from that. In the end, she stated, it is about safety for all.
Ms. Derrig said she is working with the Park District to see if there are any comments for the Resolution and she will be asking Commissioners for input on a Resolution. She said she will bring an updated draft Resolution to a future meeting and the Ordinance and the Resolution will be adopted at the same time.
In response to a question from Commissioner Turnberg asking if the Ordinance needs to be passed in order to help push the Housing First Pilot Project and make more progress, Ms. Derrig said the City needs to be able to manage some of the concerns covered in the Ordinance while working toward a Housing First Pilot Project, including the size of camps, expectations, keeping camps away from critical infrastructure and so forth.
Commissioner Kolpack said there needs to be ongoing monitoring to understand what success looks like. She said in the future any changes to the Resolution will be much easier than changes to an Ordinance and the Commission can be quickly reactive and adjust as it sees what works and what does not.
Commissioner Strand said other communities need to step up, including Moorhead and West Fargo. He said this is more than Fargo’s issue and he wants to know how Fargo’s neighbors can help.
Ms. Derrig said one of the differences between Moorhead and Fargo is Moorhead Parks is a City department and when there is a City ordinance, those rules can also be enforced on Moorhead park property. She said in Fargo, the Park District is separate and has its own Ordinances. The goal is an overarching Ordinance that covers Park and City land, she said.
Commissioner Kolpack moved the Ordinance Enacting Article 10-14 of Chapter 10 of the Fargo Municipal Code Relating to Camping on Public Property be received and filed and placed on first reading at the next Regular Meeting of the Board..

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.

At 6:25 o’clock p.m. the Board took a five-minute recess.
After recess: All Commissioners present.
Mayor Mahoney presiding.

2025 Preliminary Budget Approved: Public Hearing Set for Monday, September 16, 2024 at 5:15 p.m.:
Mayor Mahoney said the 2025 preliminary budget was presented to the Commissioners at a Special Meeting on July 25, 2024. He said the next step is to approve a preliminary budget and schedule a Public Hearing as required by North Dakota State budget law. He said this is a revised budget from his July 25th presentation, and includes an updated recommendation for mill levies that will have a net zero impact on taxpayers, with the City levy at 56 mills, the Airport levy at 1 mill for a total of 57 mills and a 4.5 percent Cost of Living Adjustment (COLA) for City employees. He said this revision also includes $400,000.00 in additional reductions and stressed that departments did not get everything they asked for and City staff went through the proposed budget line by line to cut expenses. The City is not hiring any new employees this year, he said, and is instead prioritizing spending on retaining current staff. He said he had planned to take the 2 mills from the Airport, worth $1.6 million, to fund the Police and Fire departments; however, after pushback from some Commissioners and the Airport Authority, he is proposing giving the Airport 1 mill and to cut other City spending to balance the budget and avoid raising taxes.
Commissioner Piepkorn said he does not support increasing the budget 11%. He said there have been no attempts to reduce spending in departments and for example, if MATBUS ridership is down, staff and hours need to be reduced and the Communications Department is bloated and wasteful. He said he requested information on how much would be saved if the Diversity, Equity and Inclusion Department and the Downtown Engagement Center were eliminated; however, he never received any information. It is City employees and the Mayor who created the budget, not the Commissioners, he said, and there is no consideration for the taxpayers.
In response to a question from Commissioner Strand asking how many additional full-time, sworn officers has the Police Department received in the past few years and what would be the ideal number of new full-time sworn officers for the Department, Chief Zibolski said he has received one full-time sworn position and the ideal number would be 18.
Commissioner Kolpack said the City is behind in pay structure across the board in all departments, including Fire and Police. She said 76% of the general fund is staff and the City continues to grow and there were 35 requests for additional staff, which were not considered due to revenue shortfalls. She said there were cuts made in every department; however, there are escalating technology fees and costs that come from decisions made years ago. The Transit issue is a $3.5 million hit due to Fargo’s status change, she said, and the Health Department is looking at how it can deliver services differently. What still is missing is the longer-term strategic planning for capital investments, she stated. The Fire Department training center is falling down, she said, a new fire truck costs $1 million and those capital expenses along with the technology to support public safety departments are real and there needs to be a long-term strategic plan.
Commissioner Turnberg said the fact that the City hit net zero with this budget says a lot; however, not raising taxes is what she overwhelmingly hears from people. She said residents expect to be safe, they expect water to come out of the faucet and they expect the streets to be drivable. Beyond that, she said, there are things that can still be done to cut expenses; however, the City is not raising taxes this budget cycle and she is happy with that.
Commissioner Strand said this is a growing community with growing needs. One topic he would like to visit is the sales tax formula and perhaps a vote of the public to eliminate all caps on sales taxes at the local level. He said the City should look at other ways of generating revenue, for example, bottling and selling water, such as Minnesota is doing. He said some of the City’s boards and commissions pull staff off-task and take them away from their primary jobs and the City should take a look at a moratorium on non-essential efforts, including boards and commissions. With regards to law enforcement, he said, the City needs more officers, the public is demanding the City address public safety issues such as street racing. He said for the moment, he stands by the 2-mill commitment made to the Airport.
Commissioner Kolpack moved the 2025 Preliminary Budget be approved and the Public Hearing be scheduled for Monday, September 16, 2024 at 5:15 p.m.

Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg and Mahoney voted aye.
Commissioners Piepkorn and Strand voted nay.
The motion was declared carried.

Appointments to the Human Rights Commission:
The Board received a communication from Mayor Mahoney recommending that Zoey Absey and Tambah Saah be reappointed to the Human Rights Commission for three-year terms and Courtney Kronback be appointed for a three year term to replace Cheryl Schaefle who no longer wishes to serve.
Commissioner Strand moved that Zoey Absey and Tambah Saah be reappointed and Courtney Kronback be appointed to the Human Rights Commission for three-year terms ending July 1, 2027.

Second by Kolpack. On call of the roll Commissioners Strand, Kolpack, Piepkorn, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Liaison Commissioner Assignment Updates:
The Commissioners gave reports on the Boards and Committees on which they serve.

Resident Comments:
Charles King, Olivia Fischer, Cori Edgerton and Wess Philome spoke.

The time at adjournment was 7:24 o’clock p.m.