Fargo City Commission

Board of City Commissioners - November 10, 2025 Minutes

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 4:00 o'clock p.m., Monday, November 10, 2025.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney announced that the Board of City Commissioners will retire into Executive Session in the Red River Room for the purposes of discussing negotiating strategy and/or providing negotiating instructions to its attorney or other negotiator regarding contractual negotiations and/or reasonably predictable litigation regarding annexation with the City of Harwood, Applied Digital Corporation and/or Fercho Properties, LLP. Discussing these items in an open meeting would have a negative fiscal effect on the bargaining and/or litigation position of the City. Thus, an Executive Session for this matter is authorized pursuant to North Dakota Century Code (NDCC) § 44-04-19.1 subsections 2, 5 and 9 and NDCC § 44-04-19.2, subsection 1.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC § 44-04-19.1 subsections 2, 5 and 9 and NDCC § 44-04-19.2, subsection 1 to discuss said matters.

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

At 4:01 o’clock p.m. the Board moved to the Red River Room to discuss the matters in Executive Session.
Members present were: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Members absent: None.

The Executive Session closed at 4:34 p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present.
Mayor Mahoney presiding.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, adding an extra item to the Regular Agenda recommending appointment of Angie Bear as Deputy City Auditor.

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

Minutes Approved:
Commissioner Kolpack moved that the Minutes of the Regular Meeting of the Board held on October 27, 2025 be approved as read.

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

Consent Agenda Approved:
Commissioner Piepkorn moved the Consent Agenda be approved as follows:

1. Interest Buydown Agreement, Escrow Agreement - Pace Program and Community Pace Interest Buydown Authorization with the Bank of ND and GLDNBER ND, LLC.

2. Receive and file the following Ordinances:
a. An Ordinance Amending Section 16-0201, 16-0204, 16-0206, 16-0213, 16-0214 and 16-0216 and Repealing Section 16-0205 of Article 16-02 of Chapter 16 of the Fargo Municipal Code Relating to Waterworks System.
b. An Ordinance Amending Section 22-0301 of Article 22-03 of Chapter 22 of the Fargo Municipal Code Relating to Plumbing Code.

3. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Selkirk Fourth Addition to the City of Fargo, Cass County, North Dakota.
4. 2nd reading, waive reading and final adoption of an Ordinance Annexing a Certain Parcel of Land Lying in a Portion of the Southwest Quarter and Part of the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the 5th Principal Meridian in Cass County, North Dakota.
5. Applications for Games of Chance.
6. Gaming Site Authorizations.
7. Negative Final Balancing Change Order No. 6 in the amount of -$67,300.00 and a time extension to the Final Completion Date of 7/31/25 for Project No. NR-23-A2.
8. Purchase Agreement with 64th Avenue Development LLC for Project No. BN-26-D1.
9. Memorandum of Offer to Landowner for an Easement (Temporary Construction Easement) with Forum Communications Company (Project No. QN-23-B1).
10. 2027 to 2030 Federal Aid Transportation Project Applications.
11. Maintenance Certification for Urban Federal Aid Projects for North Dakota Department of Transportation.
12. Rescission of Maintenance Agreement and Maintenance Agreements (Public Right of Way) with J&O Real Estate, LLC, Makt, LLC and Christopher H. Crowe, as Trustee of the Christopher H. Crowe Revocable Trust, dated the 12th day of October, 2015 and the addition of Project No. BN-26-B1 to the 2026 Capital Improvement Plan.
13. Pipeline License with BNSF (Revision to Exhibit A) (Project No. UR-24-C1).
14. Final Balancing Change Order No. 3 in the amount of $17,698.94 for Improvement District No. BR-25-B3.
15. Change Order No. 2 in the amount of $17,590.00 for Improvement District No. BR-25-E1.
16. Negative Final Balancing Change Order No. 1 in the amount of -$3,067.06 for Improvement District No. PR-25-C1.
17. Permanent Easements (Storm Sewer and Street and Utility) with County 20 Storage & Transfer, Inc. (Improvement District No. BN-25- F1).
18. Bid award to Dakota Underground Company, Inc. in the amount of $5,036,378.90 for Improvement District No. BN-25-F1.
19. Receive and file Limited Franchise Agreement with Cass County Electric, adding the area annexed by the City of Fargo on 10/16/25.
20. Items from the FAHR Meeting:
a. Receive and file Sales Tax Revenue Update.
b. Accept the donation of $10,998.00 from the Fargo Police Foundation, authorize the purchase of two massage chairs and related budget adjustments (RFQ25306).
c. Request from the Fire Department to frontload one firefighter in the January 2026 Fire Academy in anticipation of a Quarter One 2026 retirement.
d. Modification No. 1 - Contract Agreement in the amount of $100,000.00 with Cloudburst Consulting Group, Inc. (EX25023).

21. Notice of Grant Award from the ND Department of Emergency Services in the amount of $15,021.00 for the 2024 Emergency Management Performance Grant.
22. Notice of Grant Award Amendment from the ND Department of Health and Human Services for HIV.HCV Counseling, Testing and Referral (CFDA #94.940).
23. Set November 24, 2025 at 5:05 p.m. as the date and time for a Public Hearing on a dangerous building located at 1544 3rd Avenue South.
24. Resolution Approving Plat of Archer Place First Addition (Attachment “A”).
25. Resolution Approving Plat of University South Sixth Addition (Attachment “B”).
26. Direct the City Attorney’s Office to review and propose revisions to Fargo Municipal Code regarding electric bicycles.
27. Lease with Option to Purchase Agreement with Kinetic Leasing, Inc. in the amount of $240,908.38 for a large aerial truck for the Forestry Department (PBC #s 25228 and 25229).
28. Services Contract with Minnesota State University Moorhead for the U-Pass Program.
29. Contract and bond for Project No. WA2501 (general construction contract).
30. Amendment No. 1 to Task Order No. 1 with HDR Engineering, Inc. in the amount of $46,400.00 for Project No. WA2501.
31. Reject and readvertise the bids for Project No. WA2505 - Lead Service Line Replacement.
32. Bills in the amount of $13,430,024.47.

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

Angie Bear Appointed Deputy City Auditor:
Director of Finance Susan Thompson said in March 2023, Angie Bear’s position was reclassified as Deputy City Auditor; however, she was not formally appointed. With the current extended leave and pending retirement of City Auditor Steve Sprague, she said, she is requesting the City Commission formally appoint her to the role of Deputy City Auditor.
Commissioner Piepkorn moved the appointment of Angie Bear as Deputy City Auditor 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.

Tax Incentives Compliance Policy Referred Back to the Economic Development Incentives Committee for Further Review:
Commissioner Strand said he wants to mandate reporting requirements for recipients of tax incentives such as PILOTs and similar economic development programs. He said he was surprised the annual reporting requirement for tax incentive applicants, specifically on jobs created and wage levels, is voluntary and his original understanding was it would be mandatory. He said with all recipients of tax incentives, mandatory reporting is the correct policy and the Commission's true intent, especially for future applicants. He said he wants to see the reporting made mandatory and to establish clear consequences such as losing the incentive for failure to comply.
Commissioner Piepkorn said he agrees with the concept that reporting should be mandatory and said the consequence of not reporting is the end of the incentive.
Commissioner Kolpack said the formal motion proposed by Commissioner Strand needs careful review and she asked that the motion be simplified to clearly define the specific rules and consequences.
Commissioner Strand moved that the tax incentives compliance policy be referred back to the Economic Development Incentives Committee for further review and a simplified policy be brought back to the City Commission in a timely matter for a final vote.

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.

Parcels of Land in EOLA Second Addition and on the Proposed J&O 45th Street Apartments Addition Rezoned and a Planned Unit Development Master Land Use Plan Approved (4417 and 4477 26th Avenue South, and 4410, 4448, 4470 and 4474 24th Avenue South, and 4415 and 4471 24th Avenue South):
At a Hearing held on May 6, 2025 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial with a PUD, Planned Unit Development Overlay to GC, General Commercial with an amended PUD, Planned Unit Development Overlay; and from GC, General Commercial with a PUD, Planned Unit Development Overlay to GC, General Commercial with a C-O, Conditional Overlay and removal from the PUD, Planned Unit Development Master Land Use Plan.
The City Auditor's Office published a Notice of Hearing stating October 13, 2025 at 5:05 p.m. was the time and date set for said Hearing at which time all interested persons could appear and would be heard.
At the October 13, 2025 Regular Meeting the Hearing was continued to October 27, 2025.
At the October 27, 2025 Regular Meeting the Hearing was continued to this day and hour.
Current Planning Coordinator Donald Kress said these zoning and subdivision changes are being requested by multiple new owners of a partially developed large-scale destination PUD project that included a water park and other features. He said the initial developer went out of business, requiring this complete restructuring. The application involves four primary, interconnected changes to the site's entitlements, he said and include five residential apartment buildings totaling 330 units and one single-story commercial building. Two lots will be removed from the PUD and given a Conditional Overlay, he stated, which allows for development outside the complex PUD rules while maintaining design standards via the CO. A new subdivision Plat for the apartment area is necessary to accommodate the new residential layout and ownership structure, he said. The developers also requested a waiver for standard cul-de-sac diameter, turnout distance and length, he said and these modifications were reviewed and approved by the Engineering and Fire Departments.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning, Planned Unit Development (PUD) Overlay, Planned Unit Development Master Land Use Plan and Conditional Overlays 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 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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in EOLA Second Addition and J&O 45th Street Apartments Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Piepkorn 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 Lying in EOLA Second Addition and J&O 45th Street Apartments Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in EOLA Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Piepkorn 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 Lying in EOLA Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

Resolution Adopted Approving J&O 45th Street Apartments Addition:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “J&O 45th Street Apartments Addition” containing 8 Lots, 1 Block and 10.26 acres of land more or less, located at 4417 and 4477 26th Avenue South and 4410 and 4448 24th Avenue South; and
WHEREAS, A Hearing was held May 6, 2025 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on October 1 and 8, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., October 13, 2025 at which time said Plat would be considered and all interested persons would be heard. At the October 13, 2025 City Commission meeting, the Hearing was continued to October 27, 2025, and further continued to November 10, 2025 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “J&O 45th Street Apartments Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Resolution Adopted Approving Plat of 19th Avenue Storage Addition:
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of 19th Avenue Storage Addition.
Current Planning Coordinator Donald Kress said the primary reason this Plat is before the Commission is to address the legal removal of a 150-foot buffer mandated by the original 1969 subdivision covenants. He said the applicant successfully went through a covenant modification process with the Planning Commission in February and this process required more extensive notification of surrounding neighbors than usual. Although the covenants were modified, the 150-foot buffer can only be removed from the property's legal record through a replatting process, he said. The Engineering Department also required an additional 10 feet of right-of-way be dedicated on 19th Avenue, he stated, which will slightly shorten the south side of the Plat. He said the proposed layout includes a new, narrower 20-foot buffer with trees that will be installed along the adjacent properties and new buildings are planned primarily for the developer's own business storage needs.
In response to a question from Dave Trautmann, who lives at 1914 10th Street North, asking why the trees were taken out instead of being incorporated into the new plan, Rick Flacksbarth, Cityscapes Development, said new trees will be planted and will be a significant aesthetic improvement. He said the original tree line, established by the 1969 covenants, was in very poor condition, more than half of the trees were dead and that area was the scene of several homeless encampments. He said removing the trees and replacing them with a new, healthier, narrower line of trees is a better long-term solution.
Commissioner Piepkorn said the existing trees were in very poor condition and there was high turnover of businesses on the site. He said he is confident the new development will be an improvement for the neighboring residents.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “19th Avenue Storage Addition” containing 1 Lot, 1 Block and 1.54 acres of land more or less, located at 1101 19th Avenue North; and
WHEREAS, A Hearing was held September 4, 2025 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on October 29 and November 5, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., November 10, 2025 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “19th Avenue Storage Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Resolution of Annexation for 303.23 Acres, More or Less, in the West Half of Section 3, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota Continued to November 24, 2025:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on October 1 and 8, 2025 stating that a Hearing had been set for this date and hour to determine the sufficiency of any written protests against the annexation proposed as set forth in the Resolution of Annexation.
Director of Strategic Planning and Research Jim Gilmour said the City Commission recently passed a Resolution of Annexation for this property. He said the owner of the property, Applied Digital Corporation, and the City of Harwood are protesting the annexation due to the fact that it is in Harwood’s extraterritorial (ET) zoning jurisdiction. The City may either stop the annexation or submit the matter to a committee for mediation as provided in NDCC Section 40-51.2-07.1, he stated.
Assistant City Attorney Ian McLean said the alternative to mediation is to postpone a decision for two weeks; however, still have the Public Hearing tonight to allow people to speak.
Nick Phillips, Applied Digital, said Applied Digital strongly objects to the City's attempt to annex the West Half of Section 3, land that lies within the City of Harwood's ET jurisdiction. He said Fargo has no legal claim to it and Harwood has voted to retain that jurisdiction and to annex the same land into its own city limits. He said 100% of property owners oppose this annexation. Fargo has the opportunity to set the tone for what the next four years can represent, he said and an opportunity to show that Fargo values lawful process, neighborly cooperation and the rights of area individuals and businesses. He said he urges the City to rescind the annexation and begin rebuilding trust so everyone can move forward together on the largest development project in Cass County history.
Blake Hankey, Mayor of Harwood, said he wants to reiterate Harwood’s clear and consistent position that Harwood opposes this action. He said throughout his entire tenure with the City of Harwood, no one from the City of Fargo reached out to him and only now, after this project was announced, Fargo suddenly desires to be neighborly. The City of Fargo originally sought to act behind Harwood’s back, he stated, attempting to negotiate within Harwood’s ET zone without informing Harwood and that is not being a good neighbor. He said he met on July 30th with all respective parties and his interpretation of those negotiations is they did not go well for Fargo and specifically, Fargo was unwilling to compromise on the 4% franchise fee, which represents millions of dollars and is likely unconstitutional. Following that meeting, he said, Fargo immediately ceased all communication and held an Executive Session, after which the property in question was suddenly slated for annexation. He said he recalls Mayor Mahoney saying if Harwood did not want Fargo's help, Fargo would back-off. He is now asking Fargo to back-off, he said, Harwood does not want Fargo's help and wants to be left alone. He said Harwood demands Fargo cease its attempts to annex what he believes is rightfully Harwood’s property within Harwood’s ET zone.
Mayor Mahoney said Fargo sent two letters to the Mayor and the Commission in Harwood asking to sit down and work out differences and there has been no response. He said he did meet with the Mayor Hankey last week to try to see if issues could be resolved and he was waiting for tonight's meeting to go through some of those issues. Applied Digital met with both Harwood and Fargo, he stated and were offered this deal and there is nothing secret. He said the project was initially going to be in the City of Fargo's ET and then it was moved to Harwood’s ET due to the fact that it was closer to the power source, which was reasonable. According to the law, he stated and when it is something in the ET, things have to be done in a certain fashion and Fargo exercised that right. He said both cities can sit down and have a discussion; unfortunately, there have not been any discussions, which makes it difficult and he is still in favor of having a discussion. Harwood is going to benefit from this project and he welcomes that, he said. It is great for the City of Harwood, the tax implications for Harwood are fantastic and it will help Harwood grow, he said and there is nothing wrong with that. He said he has concerns about some of the issues around a large facility such as this and he would like to sit down and just talk about some of his concerns. If Harwood has time to do that in the next two weeks, he said, he will be happy to meet.
Commissioner Kolpack moved the Resolution annexing 303.23 acres, more or less, in the West Half of Section 3, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota be continued to 5:05 p.m. on Monday, November 24, 2025 to allow time for discussions with the City of Harwood and affected property owners, consistent with the negotiation instructions presented in Executive Session to the Mayor and the City Attorney’s Office.

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

Resolution of Annexation for 256.87 Acres, More or Less, in the East Half of Section 3, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota Continued to November 24, 2025:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on October 1 and 8, 2025 stating that a Hearing had been set for this date and hour to determine the sufficiency of any written protests against the annexation proposed as set forth in the Resolution of Annexation.
Director of Strategic Planning and Research Jim Gilmour said the City Commission recently passed a Resolution of Annexation for this property, which is immediately east of the previously discussed property. A Public Hearing was scheduled to review any written protests against the annexation, he said, and the owner of the property has filed a written protest. He said as previously discussed, the City has the option to stop the annexation or submit to a committee for mediation.
Nick Phillips said Applied Digital holds a contract to purchase this property and is asking the City Commission not to annex the land at this time, even though it is within Fargo's extraterritorial area. He said Applied Digital is willing to work with Fargo only after the annexation attempts are withdrawn. Continuing this action sends a wrong signal to the development community, he stated, suggesting Fargo prefers to fight its partners rather than collaborate. The ongoing legal battle wastes taxpayer dollars on legal fees instead of infrastructure and public safety, he said, and he urges the City Commission to vote “no” on the annexation, demonstrating leadership, respect for landowners and fiscal responsibility, and to move toward a productive future for Fargo and Harwood.
Bill Fercho said his family owns the property and reiterates his family’s opposition. He said there was no interest in the property until the Applied Digital project came along and suggested the City's action to annex the property appears to be a vindictive action due to the fact that Fargo did not secure the project.
Commissioner Kolpack moved the Resolution annexing 256.87 acres, more or less, in the East Half of Section 3, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota be continued to 5:05 p.m. on Monday, November 24, 2025 to allow time for discussions with the City of Harwood and affected property owners, consistent with the negotiation instructions presented in Executive Session to the Mayor and the City Attorney’s Office.

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

Resolution of Annexation for 236.16 Acres, More or Less, in the Southeast Quarter and the East One-Half of the Southwest Quarter of Section 35, Township 141 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota Continued to November 24, 2025:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on October 1 and 8, 2025 stating that a Hearing had been set for this date and hour to determine the sufficiency of any written protests against the annexation proposed as set forth in the Resolution of Annexation.
Director of Strategic Planning and Research Jim Gilmour said the City Commission recently passed a Resolution of Annexation for this property. He said the owner of the property was notified and did not file a written protest prior to the October 31, 2025 deadline; therefore, the City may proceed with the annexation. He said this property is immediately north of the last one discussed and is currently within Fargo's ET zoning jurisdiction and is only used for agriculture. Annexing the property is expected to result in no additional expenses for the City, he said, as its south and east borders are maintained by Cass County. A Public Hearing was scheduled to determine the sufficiency of written protests, he stated and since no protests were received, City staff recommends formally determining that there were no property owner protests and the annexation could be completed tonight or continued for two weeks.
Nick Phillips asked why Fargo taxpayers' money is being spent on an effort the City cannot win when essential services such as fixing streets and balancing the budget are neglected. He said the City's annexation notice process was deficient based on City code and the notice was only provided to one-seventh of the owners of the parcel. Since the code requires written notice to the owner and the full resolution was not mailed to the owner of each parcel within seven days of adoption, the process appears to be flawed, he stated. He said the Commission should vote “no” and avoid a lengthy waste of taxpayer dollars.
Mr. Gilmour said the notice was sent to the property owner listed on record at the County. He said it is impractical and not legally required to notify every individual stakeholder, drawing a comparison to not notifying every stockholder of Applied Digital.
Mayor Mahoney said Fargo does have a balanced budget and the City’s roads are some of the best in the country. He asked where Mr. Phillips got his facts and offered that AI does not always give all of the facts.
Commissioner Kolpack said this is in the spirit of continuing the conversation and there are real implications and costs to the citizens of Fargo. She said as a City Commissioner she has accountability to the citizens of Fargo to protect those interests.
Commissioner Piepkorn said this is a growth corridor for Fargo and the City Commission is protecting the future rights of the citizens of Fargo.
Commissioner Kolpack moved the Resolution annexing 236.16 acres, more or less, in the Southeast Quarter and the East One-Half of the Southwest Quarter of Section 35, Township 141 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota be continued to 5:05 p.m. on Monday, November 24, 2025 to allow time for discussions with the City of Harwood and affected property owners, consistent with the negotiation instructions presented in Executive Session to the Mayor and the City Attorney’s Office.

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

United to End Homelessness Update:
Chandler Esslinger, FM Coalition to End Homelessness and Taylor Syvertson, United Way of Cass-Clay, presented an update on the United to End Homelessness initiative, first introduced in 2024:
• The initiative is focused on individuals who have often experienced many years of unsheltered homelessness, have frequent contact with emergency services and engage repeatedly with outreach and drop-in services; however, have failed to transition to long-term supportive housing. This focus is designed to bridge gaps between outreach, shelter and housing resources for those who continue to fall through the cracks of the existing system.
• The initiative has implemented all objectives set in January, including established a Steering Committee of direct service providers, formed a Cross-Sector Regional Planning Group for long-term strategy, developed fundraising and financial strategies and implemented a plan for addressing high-visibility homelessness.
• Funding allows support for up to 20 individuals, 16 individuals from the target population have been pulled into programming, 2 individuals have secured permanent housing, 11 are actively searching for housing and 3 are still in the outreach/trust-building phase.
• Direct service partners (SENDCAA, Lakes and Prairies Community Action, Presentation Partners in Housing) are being supported by three new FTEs to maintain caseloads.
• Data on the approximately 40 individuals with comprehensive records reveals they represent a combined experience of more than 250 years of homelessness and only about 50% currently qualify as experiencing chronic homelessness under technical definitions, highlighting that the system often misses highly vulnerable people with long episodes of homelessness due to regulatory definitions.
• Demand for resources still exceeds availability, especially in winter. Next steps include engaging four more individuals to reach full program capacity (based on current funding) and to continue fundraising.
• This structure is building the region's long-term strategy to prevent and end homelessness through deep collaboration. This is a brand new, cross-border group launched in April with authorization from five metro communities and both counties. It involves more than 70 organizations, including city and county governments, nonprofits and business leaders, all recognizing the issue crosses organizational borders.
• Secured commitment from a wide variety of stakeholders, gathered extensive feedback and insight on the impact of homelessness, established a source of truth for homelessness data in the community and vetted a governance structure to ensure transparent, accountable and shared decision-making.
• The ultimate goal is to launch the comprehensive regional plan following the July 2026 meeting. The Council will then shift to supporting the plan's implementation, maintenance and evaluation.
In response to a question from Commissioner Strand asking for clarification on substance abuse disorders, which seemed lower than expected for a population experiencing high crisis, Ms. Syvertson said data points are largely self-reported and behaviors sometimes associated with substance use are often a combination of factors, such as living unsheltered, being in public crisis and high acuity. Regardless of specific complexities, she stated, the unifying factor for all participants is experiencing homelessness and the solution is providing housing and individualized critical supportive services.

2nd Phase of the Request for Proposals (RFP) for the Convention Center Project Approved:
Convention Center Committee member Charley Johnson said he is seeking approval for the release of the second round RFP to the four finalists competing to build a Convention Center in Fargo. He said key details include nine categories with bullet points requiring more detailed information from the four finalists, alongside a scoring system with seven scoring points. He said he plans to release the RFP to the finalists this week and they will have until 4:00 p.m. on February 27th to respond. An interim meeting of the Committee will be held in January, he said, to answer any questions the finalists may put forward. He said the process will largely repeat the first round where finalists will give second-round presentations and participate in a question-and-answer session, then the Committee will conduct its scoring. He said the aim is to bring a final recommendation to the City Commission by March 30th.
Director of Strategic Planning and Research Jim Gilmour said the Committee discussed whether finalists could modify their initial proposals for this second round, and in general, agreed not to restrict them, allowing flexibility to improve their projects. He said this includes bringing in a better hotel operator or improving the hotel's configuration and modifying the exact location or arrangement of buildings on the site. The goal, he said, is to encourage all four finalists to improve their proposals, ensuring the City has the best possible choice.
Mr. Johnson said the Committee views this as a continuous work in progress where finalists can refine, improve and provide much greater detail, including any desired changes.
In response to a question from Commissioner Strand asking about public engagement, Mr. Johnson said the Committee, having diligently worked on this project since early February, feels it is in the best position to make a choice. He said there are currently no plans for an open house or formal public input session for the approval process; however, the Committee has been receiving and considering public comments throughout.
Commissioner Piepkorn said all meetings are open to the public, broadcast and available online, and all proposals and Committee scores are publicly accessible on the website. He said the primary focus of the Committee is on the facility's users, those coming to Fargo for meetings.
Mr. Johnson said he will add a discussion item to the January meeting agenda to consider ways to increase public visibility, such as having the four finalists' presentations open to the public, which is already standard practice. The Committee could possibly create a display of the four proposals in City Hall for public viewing, he stated.
Commissioner Kolpack said the Convention Center Committee has done its due diligence, participation has been good and almost every member who started shows up for every meeting and she is feeling good about the process so far.
Commissioner Kolpack moved the 2nd phase of the Request for Proposals for the Convention Center Project be approved.

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.

2026-2030 Transit Development Plan Approved:
Transit Fleet and Facilities Manager Jordan Smith said this presentation is about the 2026-2030 Transit Development Plant (TDP), a comprehensive five-year strategy for MATBUS.
Bolton & Menk Community Outreach Specialist Blue Weber said MetroCOG and MATBUS began working with Bolton & Menk in July 2024 to develop the TDP, a State and Federally required five-year plan that evaluates current MATBUS operations, identifies community needs, sets goals and strategies to guide future Transit investments, and serves as a management and planning tool for future service and investment decisions. He said community priorities were integrated through extensive public input collected throughout the process. Adoption of the TDP does not authorize spending, he stated and future investment requests will follow the normal budget process. He said the MATBUS Coordination Committee recommended approval of the TDP on October 15th and the development process spanned approximately 12-13 months and was broken down into four phases: existing conditions that analyzed the current state of the system; future system needs that identified needs beyond just routes for the entire system; service recommendations and developing and seeking feedback on proposed service changes; and a coordinated transportation plan, which is an important component that inventories available transportation services provided by human service agencies. Engagement was split into two key areas, he said, including a Study Review Committee where community leaders met four times and public input that included open houses, on-bus surveys and focus groups across six different user groups. Overall, more than 60% of users feel the system works really well, he stated, indicating a strong foundation. A common observation was riders often use multiple routes and transfers to complete continuous trips, he stated, which helped guide service scenario development. The entire network design was guided by six principles, he said: simple and direct, bidirectional, fewer transfers with the aim of no more than two to three jumps, maintain access to areas, scalable and maintain a reliable network. He said key proposed route changes in the NDSU neighborhood focused on maintaining convenience and maximizing ridership. With Route 14, he said, the proposed modification ensured service is provided to the Elliot Place Apartments, and in West Fargo, the focus was on enhanced connectivity and bidirectional running to better serve the area and maintain strong links across the entire regional system. He said the TDP's five goals will guide the MATBUS team over the next five years. The plan provides the necessary information for the MATBUS team, he stated, despite ongoing challenges related to external factors such as budget constraints.
Commissioner Kolpack acknowledged the major challenge in Transit planning is the moving number and target of available resources, especially given the complex funding environment between two states and multiple municipalities. She said another challenge is the Federal funding formula changes and the need for legislative work in North Dakota regarding the funding formula now that Fargo has taken over direct Transit staffing and oversight. She also stressed the importance of Transit in supporting the local workforce.
In response to a question from Commissioner Strand asking about the recent reported dissatisfaction in West Fargo regarding the TDP, Mayor Mahoney said it was a misunderstanding and issues raised included bus stops, the placement of new bus shelters, which West Fargo had already budgeted for in 2027, and the perceived high cost per rider.
Mr. Smith said staff have since clarified the details with the West Fargo City Administrator and Mayor and offered to meet with the West Fargo team to fully answer any outstanding questions, confirming communication is ongoing.
Commissioner Strand moved the 2026-2030 Transit Development Plan be approved.

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.

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

University Drive and 10th Street Corridor Study Approved:
Division Engineer Jeremy Gorden said the City, in partnership with MetroCOG and the North Dakota Department of Transportation, began a Corridor Study for University Drive and 10th Street in 2022 whose project extents were 13th Avenue South on the south end and 19th Avenue North on the north end for a total of 6 miles of urban roadways. The study was broken into a Phase 1 and a Phase 2, he said and Phase 1 of the study was all about two-way conversion feasibility. He said items included in the analysis were public outreach, including door to door visits, identifying multimodal activity, safety and crash history, alternative analysis including two-way conversion without any street widening, two-way conversion with street widening and two-way conversion in Downtown only. He said Phase 2 of the study included additional public outreach and engagement, refinement and enhancements of the Downtown conversion only alternative looking at reducing speeds, reducing pedestrian crossing distances and improving multimodal opportunities, traffic calming strategies using enforcement, technology and geometry, one network-wide pedestrian crossing improvement plan, one network-wide bicycle connectivity plan, one network-wide safety improvement plan, developing an implementation plan and final study approvals. This study gave Engineering the opportunity to look at both of these corridors to identify any improvements that could be made to improve traffic operations and safety, he said, as well as improve bicycle and pedestrian movements and forward the goals of the GO2030 Plan. With this study Engineering also got to see what is working well, what could be improved upon and what it should be looking to do to make improvements to better serve the residents of Fargo, he stated.
Mike Bittner, Project Manager with Bolton & Menk, said this study took three years and was divided into two phases to allow for thorough investigation and extensive public input. This unique, diverse corridor touches NDSU, the FARGODOME area and Downtown, he stated, serving as the third most trafficked arterial system in the region when both corridors are combined. He said walking, biking and Transit use these streets 2 to 3 times more than the metro average and 12% of metro-wide pedestrian/bike crashes occur on these roads and it is one of the highest vehicular crash corridors, with seven of Fargo's top 10 crash intersections along the stretch. Speeding is a major public complaint, he said, including frequent drag racing at night. The corridor is built like a local road with many access points, he said; however, it operates like an arterial. Phase 1 of the study included a one-way to two-way conversion analysis, he said. A no widening option resulted in significant gridlock, he stated, even outside peak hours, due to left turns, bus stops and necessary street activities and travel times increased by 8 to 20 minutes to major destinations. He said computer models showed 50% of traffic could not be accommodated and would seek alternate routes, likely local roads. The widening option and adding a center turn lane improved safety and flow, he said; however, this option was deemed unpopular due to the fact that it required impacting 125 trees and 175 signal/light poles at an estimated $20 million extra cost. More importantly, he said, widening the road would lengthen pedestrian crossings and ultimately fail to meet the goal of slowing traffic. Based on this analysis, he said, the study recommended not advancing the two-way conversion for the north and south segments. The second half of the study focused on Downtown reconfiguration and a package of solutions, he said, referred to as “side dishes,” to address safety and traffic issues on the non-converted segments. Three concepts were evaluated for the Downtown stretch, he said: two-way conversion was found to significantly deteriorate traffic flow due to added left-turn conflicts; eliminate one lane and keep one-way uses freed-up to allow for a curb extension/bulb-out, providing space for bus pickup, loading/unloading or aesthetics, which maintains effective traffic flow; eliminate one lane and keep one-way with two-way bike facility is similar to the second option; however, it uses the space for a dedicated bike lane. He said the conclusion is concepts 2 and 3 were found to be more multimodally effective, improving pedestrian crossings, adding bike facilities and maintaining Transit efficiency. He said these concepts were also favored by the public over a full conversion. The study identified several popular traffic calming and safety packages for the non-converted north and south segments, he said. For biking connectivity, he said, improving parallel routes such as 11th Street and focusing improvements at railroad crossings, as most people do not feel comfortable biking on University or 10th Street. For enhanced intersections, he stated, improving safety at signals, including Leading Pedestrian Intervals (LPI) gives pedestrians and cyclists a head start, which has proven to reduce crashes by about 60%, and pedestrian scrambles, which are all-direction crossings, for intersections such as University and 12th and 17th Streets. Rest-and-Red Signal Timing was the most popular, he said and is an innovative traffic calming technique for off-peak hours. He said all signals stay red and if a vehicle approaches at an acceptable speed, such as 30 mph, the light turns green. If the vehicle is speeding, he said, the light hangs on red until the driver slows down. This was proven successful in an identical one-way pair corridor in Albuquerque, New Mexico, he said. Tightening signal timing during peak hours and posting signs, such as "Timed for 30 mph," discourages speeding by threatening a red-light sequence, he said. The overall vision recommends starting with these side-dish improvements, he said and continuing to evaluate the Downtown reconfiguration options. The final recommendations of the study break down improvements into two main implementation tracks: near-term safety and long-term reconstruction, he said. The study recommends packaging the high-impact, low-cost traffic signal and beacon improvements into a single project at an estimated cost of $1.2 million, he said. The funding strategy is to apply for the Highway Safety Improvement Program (HSIP), which would cover about 80 percent of the cost. He said HSIP funding typically takes five years for the overall timeline and the City could opt to advance the project sooner if it chooses not to wait for HSIP funding. For the Downtown segment, he said, the three viable reconfiguration alternatives (two one-way concepts that remove one lane, or the full two-way conversion), were intentionally left open in the plan. The study findings will serve as the foundation for three programmed reconstruction projects that are already in the City's plan, he said. The final decision on which specific alternative, removing a lane for aesthetics/loading vs. removing a lane for a two-way bike path, will be made later during the environmental document phase of the corresponding construction project, he stated, allowing for continued public engagement.
Mr. Gorden said the reconstruction of 10th Street and 4th Avenue North just received funding for 2029, providing time to decide the final configuration for that portion.
In response to a question from Commissioner Piepkorn asking what is being approved tonight, Mr. Gorden said approval confirms the alternatives identified in the study are valid options the City will look to implement when funding and construction is lined up for specific road projects. He said it also approves the direction to apply for the HSIP safety program funding.
In response to a question from Commissioner Piepkorn about the many access points on these corridors and is there any way to reduce those, Mr. Gorden said that would be complicated due to the fact that the routes are State roads and while difficult, the City has successfully reduced access points on similar State routes, such as Main Avenue. The report includes an exercise to systematically identify and evaluate redundant driveways/alleyways, which will be addressed through redevelopment and forthcoming construction projects.
In response to a question from Commissioner Strand asking about the relationship between the State and the City with co-owned roads, Mr. Gorden said both corridors are designated as U.S. highways, meaning the right-of-way is ultimately owned by the State of North Dakota. He said through cost participation and maintenance agreements, the City is in charge of the operation and maintenance of the streets, making the planning process a collaborative effort with the State.
Commissioner Kolpack moved the University Drive and 10th Street Corridor Study be approved.

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.

Discussion Regarding the Safer Smoking and Needle Disbursement Programs: Motion to Halt the Harm Reduction Program Lost for Lack of a Majority:
Commissioner Turnberg said she was contacted recently by a Fargo Police officer asking if the City was handing out pipes for drug users due to the fact that they had been finding them all over Downtown and around City Hall and the Civic Center. She said she told the officer that nothing had been brought up to the City Commission; however, she would find out. She said she called Fargo Cass Public Health Director Jenn Faul who confirmed Fargo Cass Public Health (FCPH) had implemented a Safer Smoking Program. She said she requested supporting data; therefore, she would like to see Ms. Faul’s presentation.
Ms. Faul said the Syringe Services Program (SSP) was last authorized by the City Commission in November 2024 to continue operations under FCPH. She said the approach is rooted in evidence-based public health research and is responsive to community needs, not personal opinions. The effectiveness of the SSP in mitigating injection-related harm is evident, she said and FCPH has successfully reduced deaths associated with opioid injection and lowered the incidence of Hepatitis C and HIV transmission. She said FCPH observed a concerning increase in the death rate associated with opioid use via smoking and that shift necessitated an adaptation of the harm reduction strategy, leading to the temporary introduction of safer smoking supplies. She said the decision to distribute safer smoking supplies is supported by robust public health literature and she provided various source references, including the Harm Reduction Journal, Drug and Alcohol Dependence Reports and the Journal of Public Health Management, which concluded safer smoking practices are essential forms of harm reduction. The initiation of safer smoking supply distribution started in February 2025, she stated and demonstrated a significant increase in program engagement and positive health outcomes across Fargo, including a 49% increase in Naloxone distributed and 38% more lives saved by overdose reversals. Serving more unique individuals who were previously unengaged suggests the SSP successfully reached a new population of people who use drugs who primarily smoke rather than inject, she stated. Additionally, she said, Harm Reduction saw increases in referrals, including:
• HIV/Hepatitis C Screening & Referrals: 40% increase
• Behavioral Health Referrals: 66% increase
• Rape and Abuse Crisis Center Referrals: 155% increase
• Total Treatment Referrals: 190 visits resulting in referrals.
NDCC authorizes the SSP, she stated and includes language allowing for the distribution of other items recognized as “supporting safe drug use,” which served as the basis for adding smoking supplies. The North Dakota Department of Health and Human Services (NDDHHS) reviewed and reauthorized the program, she said, including the safer smoking distribution, in March 2025. The safer smoking supply distribution was suspended last week due to an inconsistency between two sections of the NDCC, she said: the SSP authorization, which allows for “other safe drug use items,” and the criminal definition of drug paraphernalia, which does not specifically exempt pipes distributed by an SSP. This ambiguity created confusion for law enforcement partners, she stated and in consultation with the Fargo Police Department and the City of Fargo legal team, FCPH suspended pipe distribution to seek further clarification and resolution regarding the policy conflict.
Commissioner Turnberg said she is surprised that Fargo Police officers were unaware the City was distributing crack pipes. She said when she contacted Ms. Faul after she became aware of the pipe program, Ms. Faul’s reply began with, "I know you do not support the free syringes, but I hope you do not go to the media or on social media," which she considered a red flag. Some of the SSP supplies include tourniquets, spoons, needles, pipes, condoms, dental dams, mouthguards and "boof kits," she said, and that “boofing” is a slang term for the transrectal administration of drugs for absorption and is promoted as a harm reduction method; however, quick, direct entry into the bloodstream carries a huge risk of overdosing. She said no way of taking drugs is safe; however, users can get free kits at Harm Reduction. Days after discovering the City was giving away pipes, she said, Ms. Faul sent her studies, yet nothing on the financial breakdown. She said she still does not have the requested information regarding where the money is coming from, how much has been spent, what the Federal opioid grants specifically pay for and the actual cost of the program, including employee salaries, buildings and overhead. She said Ms. Faul claims no local tax money is used due to the fact that the program is funded entirely by Federal opioid grants. However, the individuals working at Harm Reduction are City employees, she said, and the City pays their salaries. There are also buildings and overhead, which is paid for with taxpayer dollars as well as the salaries of those tasked with cleaning-up the needles and other paraphernalia along the river and in the parks. The Safer Smoking Program, which handed out almost 5,000 pipes over the last 10 months, was halted after an emergency meeting due to the fact that it may be illegal, she said. Harm Reduction also said there has been a 98 percent increase in enrollment, 407 percent increase in visits, a 34 percent increase of unique individuals served and 38 percent more lives saved, she said; however, she is not sure where those numbers come from and somehow this is making the community safer. NDCC repeatedly states the term "exchange" when referring to syringe services, she said and nowhere does it say “free needles.” She challenges whether Fargo is breaking the law by simply handing out free needles with no exchange required, given the countless complaints of citizens about finding needles in parks and by the river. She said Harm Reduction celebrated a "skyrocket" in engagement, including increased enrollment, visits, unique individuals served and more lives saved and claims these metrics prove the program is making the community safer. She asked how handing out 5,000 crack pipes saves taxpayer dollars and most people would think a Harm Reduction program would want to work itself out of a job, not celebrate the distribution of 5,000 pipes. The Harm Reduction program was started by a Blue Ribbon Commission created by Mayor Mahoney in 2017, she stated, against the advice of addiction counselors who said those who actually knew anything got silenced. She said the mission of the Commission was narrowly focused on opiates, ignoring alcohol, and today, instead of using opioid settlement dollars for treatment, the City gives out drug paraphernalia. Harm Reduction calls it safe drug use, she stated, then offers Narcan when the person overdoses on the supplies the City has provided. She said that is like cutting off a man's leg, handing him a crutch then boasting about how much you helped him. She said she works in medical sales where she studies the studies for a living and there can be competing companies with the exact same data and each has an entirely different narrative to sell its product. She said she received the following messages from recovered addicts and family members:
• Austin: "I think it is outrageous that they would hand out free pipes. Why would you hand out free drug items for drug use and not invest into getting people into treatment? My mind is blown. Instead of enabling drug habits, help them get better."
• Maria: "My stepdaughter came from Oregon to Fargo. They are all visiting and getting more drug supplies from the Harm Reduction Center until the sixth or 10th overdose and they finally die.”
• Heidi: "After being released from jail, a young woman I work with was back at Harm Reduction within hours, high again and threatening people. The circle of help Fargo Cass Public Health is giving her is killing her. She has been raped and overdosed countless times, but cannot get an inpatient bed anywhere."
• Neil: "The end of Harm Reduction and this insanity is my prayer this morning. I am tired of watching my brothers and sisters die from this madness."
She said Fargo is one of only 429 cities in the country that hands out pipes and the time is now to wake up and shut this program down. She said there are City employees once again afraid to speak up due to the fear of retaliation. Cigarette vending machines are illegal, she said; however, many of these items are in a vending machine at the Downtown Engagement Center and there seems to be no consequences for illegal drugs. San Francisco is dialing back its harm reduction yet Fargo keeps adding to it. There is a fox running the hen house, she stated, while the City is $1.3 billion in debt.
Ms. Faul said the decision to distribute pipes was made by the Director of the Harm Reduction program, based on evidence-based research. The SSP is in a different location and is not affiliated with the DEC, she said and the SSP is funded by opioid settlement dollars and uses City staff. The DEC does have a vending machine; however, it does not contain pipes and requires a unique access code given to participants who are over the age of 18.
In response to a question from Commissioner Turnberg asking if a needle exchange program that has zero exchanges is legal under NDCC, City Attorney Nancy Morris said the statute itself requires the number of individuals served, the number of syringes, needles and supplies collected, the number of syringes and needles distributed and any additional information requested be reported to NDDHHS so they are aware of the number received and the number distributed. She said there is not a one-for-one requirement.
In response to a question from Commissioner Turnberg asking about NDCC and if it specifically states exchange, not free needles, Ms. Morris said she can only provide the language of the Ordinance. She said she does not have an opinion as to whether it is an exchange; however, that is not what is required to be reported to the NDDHHS.
Ms. Faul said it is not a one-for-one, it is done by volume, needles are received back, sharps containers are given to those getting the needles and there are drop boxes at FCPH and at sites Downtown for people to turn in the used sharps.
Commissioner Piepkorn said he opposes the distribution of safer smoking supplies within the SSP and requests an immediate review of its operational policies. He said his first concern is the current exchange method and the City must move to a one-for-one exchange model for syringes and the weight-based system is inappropriate. He thanked Commissioner Turnberg for ensuring this issue, specifically the distribution of drug paraphernalia, was brought into the public eye and the public reaction has confirmed this action was widely considered shocking and inappropriate. He said this practice crosses the line from harm reduction to enabling addiction and the dictionary defines enabling as “giving misguided support to someone with addiction,” which perfectly describes the distribution of supplies such as pipes instead of focusing on recovery. He said the true path to harm reduction is getting people into treatment and by ending this enabling practice, the City will become safer and taxpayer expenditures will be reduced on staff and resources. He said this is a turning point for the City.
Mayor Mahoney said he wants to clarify the process and outcomes of the Blue Ribbon Commission. The recommendations were generated by addiction experts and staff who reported their findings directly to the Mayors, not by the Mayors themselves. The Commission was formed in response to a record number of overdose deaths, many of which involved young people and the expert recommendations led directly to crucial changes, such as equipping every Police cruiser and all Fire Departments with Narcan, significantly increasing the availability of Narcan throughout the community, enhancing and expanding the variety of addiction and narcotic treatment programs available in the community, which were previously unavailable. The initiatives stemming from the Blue Ribbon Commission successfully turned the situation around, he stated, decreasing the number of deaths and resulting in positive gains by saving lives and getting more people into treatment. He said the Commission was far from a failure as it yielded many effective, life-saving ideas and valuable lessons.
Commissioner Kolpack said she will always make decisions based on data, research and facts and she just heard research about how the City connects people to services. She said she has mixed feelings about the pipes for different reasons; however, she continues to support the needle exchange. The intravenous use of needles and the cost of hepatitis treatments can be avoided by the exchange, she said. She respects choices made in public health, she stated, as long as it is based on research, data, facts and best practices. The information Ms. Faul provided demonstrates the needle exchange program does that, she said.
Commissioner Strand said when he was elected in 2016, the opioid crisis was an immediate concern, leading to numerous deaths across the community and affecting families from all backgrounds. This crisis catalyzed the formation of the Blue Ribbon Commission and subsequent actions, he said, such as establishing a Community Medical Services liquid methadone treatment plan to provide daily, medically assisted treatment, which is scientifically proven to work. He said harm reduction is about the fundamental goal of saving lives. The debate over specific harm reduction strategies, such as needle exchange programs, comes down to the question of is it the intention to save lives when possible, he stated. Addiction is a broad, debilitating challenge, not limited to a single substance and while the focus is on opioids and meth, it is often overlooked to address the mountain of alcohol-related addiction, he stated, even as the City continues to support and expand bar licenses Downtown. He said everyone agrees addiction is a scourge and the goal should be to support the people trying to save lives. It is understandable that people struggle with the concept of providing tools such as needles to addicts, he said; however, if a person comes in for a needle or pipe and is introduced to support services and gets help, that is a worthwhile way to connect them with the resources they need. He said he appreciates the discussion; however, this is not the Board of Health and this critical topic belongs in the hands of the experts who can vet, measure, learn from and discuss what works and what does not work. He said the City Commission’s job is to set policy and honor the people who serve the City Commission. He said the City Commission needs to trust staff to execute on the operational details.
Commissioner Turnberg said there have been several instances of experiments in the City that have been tried for years and are not working. When does the City Commission finally say enough is enough and try something else, she asked. Alcohol and cigarettes are legal, she said; crack, fentanyl and meth are not and they are a big problem, yet the City just keeps enabling. There is an election coming up, she said, and voting records are public record.
Commissioner Turnberg moved the Harm Reduction Program be halted.

Second by Piepkorn. On call of the roll Commissioners Turnberg and Piepkorn voted aye.
Commissioners Kolpack, Strand and Mahoney voted nay.
The motion was declared lost for lack of a majority.

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

Public Comments:
None.

Mayor Mahoney said there has been significant discussion among the Commissioners and staff regarding the broadcasting of public comments, particularly concerning statements made during that time that can be problematic if aired. To address this, he said, staff has developed a new policy regarding the broadcasting of the public comment section of meetings. Effective November 24th, he stated, the Commission will continue to hear from the public and there will be no change to the public comment procedure itself; however, broadcasting the public comment portion of the meeting will stop and will not show the presenters during that time and broadcasting will resume at the conclusion of the public comment period. He said he also reminds the public that in order to speak during public comment, a person’s proper name and address must be provided. He said he cannot allow individuals to speak if they use a made-up name. He said the City Commission welcomes comments; however, those wanting to speak must adhere to these requirements.

The meeting adjourned at 7:48 o’clock p.m.