Board of City Commissioners - March 2, 2026 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 5:00 o'clock p.m., Monday, March 2, 2026.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.
Part three of the 2026 State of the Cities video was shown.
Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on February 17, 2026 be approved as read.
Second by Turnberg. 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. Letter of Support for Fettes Moving and Storage to the ND Opportunity Fund Consortium.
2. Appointment of Rammie Olson as an alternate to the ND Opportunity Fund Loan Committee.
3. Application for Abatement or Refund of Taxes #4639 for property located at 2665 Meadow Creek Circle South requesting a reduction in value for 2025 from $711,200.00 to $331,800.00; staff is recommending a reduction in value to $331,800.00 for 2025.
4. Amendment to the Findings of Fact, Conclusions and Order for property located at 1544 3rd Avenue South to allow a 60-day extension of time to 3/27/26.
5. Site Authorizations for Games of Chance.
6. Applications for Games of Chance.
7. Contract Amendment No. 1 in the amount of $8,963.50 ($2,987.83 City of Fargo Share) for Project No. MS-25-B0.
8. Contract Amendment No. 2 in the amount of $70,000.00 ($35,000.00 City of Fargo Share) for Project No. QN-23-B0.
9. Bid advertisement for Project No. SR-26-B.
10. Create Improvement District No. BN-26-C and adopt Resolution of Necessity (New Paving and Utility Construction).
11. Create Improvement District No. BR-26-B and adopt Resolution of Necessity (Paving and Utility Rehab/Reconstruction).
12. Create Improvement District No. PN-26-A and adopt Resolution of Necessity (Asphalt Wear Course).
13. Bid awards for Improvement District Nos. NR-26-A1 and NR-26-A3:
a. Key Contracting, Inc. in the amount of $468,200.00 (general construction contract).
b. JDP Electric, Inc. in the amount of $148,051.00 (electrical construction contract).
14. Bid award and Agreement with Osgood Cleaning Services, LLC in the amount of $129,600.00 for cleaning services at Carlson Library (RFP26099).
15. Agreements between Owner and Contractor for Construction Contract (Stipulated Price) with Gast Construction Co., Inc. and Peterson Mechanical, Inc. for the HVAC Project at the Police Department Headquarters (ITB26052).
16. Items from the FAHR Meeting:
a. Receive and file - Sales Tax Revenue.
b. Budget adjustment in the amount of $18,435.00 for replacement of the Zamboni pit drain line P-trap at the FARGODOME (EX26111).
c. Acceptance of the Hometown Heroes Foundations donation in the amount of $4,038.90 to use for the purchase of equipment and supplies, and related budget adjustment.
d. Acceptance of a $33,000.00 donation from the Fargo Police Foundation to purchase a 2026 subscription to the Magnus One Wellness application and associated training, and related budget adjustment (RFQ26097).
e. Purchase of one used 2025 Bomag BC672RB compactor from the Polk County Landfill utilizing the Landfill Capital Improvement funds.
17. Notice of Grant Award Amendment from the ND Department of Health and Human Services for Title X Family Planning Program (CFDA #93.217).
18. Management Control Agreement between the Red River Regional Dispatch Center and the City of Fargo regarding the FBI Criminal Justice Information Systems (CJIS).
19. Bid award to Braun Intertec Corporation in an amount not to exceed $67,000.00 for Professional Environmental Consultant Services (RFP26027).
20. Resolution approving Plat of Horace Mann School Addition (Attachment “A”).
21. Piggyback purchase through the ND State Contract with Nelson’s Auto Center in the amount of $138,995.76 for three 2026 Ford Police Interceptors (PBC26116).
22. Master Professional Services Agreement with Stone Group Architects, Inc. (RFP25215).
23. Resolution of Governing Body of Applicant authorizing the filing of application with the ND Department of Environmental Quality for a loan under the Clean Water Act and/or the Safe Drinking Water Act (Attachment “B”).
24. Bid Advertisement for Project Nos. WA2508, WA2509, WA2510, WA2511, WA2512 and WA2513.
25. Reject and readvertise the bids for Project Nos. WA2504, WA2505 and WA2506.
26. Task Order No. 26-01 with Houston Engineering, Inc. in the amount of $198,774.00 for Project No. WA2403.
27. Task Order No. 26-02 with Houston Engineering, Inc. in the amount of $240,948.00 for Project No. WA2403.
28. Task Order No. 43 with AE2S, LLC in the amount of $161,750.00 for Project No. WA2451.
29. Bills in the amount of $5,625,107.18.
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.
Hearing on an Application Filed by Moonrise Café LLC d/b/a Moonrise Café LLC for an Alcoholic Beverage License Continued to March 30, 2026:
A Hearing had been set for February 2, 2026 on the application filed by Moonrise Café LLC d/b/a Moonrise Café LLC for a Class "GH" Alcoholic Beverage License at 111 Broadway North.
At the February 2, 2026 Regular Meeting, the Hearing was continued to this day and hour; however, the Auditor’s office has requested that the Hearing be continued to March 30, 2026.
Commissioner Piepkorn moved the application be continued to 5:05 p.m. on Monday, March 30, 2026.
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.
Hearing on an Application Filed by Cellar 624 d/b/a Cellar 624 for an Alcoholic Beverage License Continued to March 30, 2026:
A Hearing had been set for February 2, 2026 on the application filed by Cellar 624 d/b/a Cellar 624 for a Class "VWB" Alcoholic Beverage License at 624 Main Avenue, Suite 5.
At the February 2, 2026 Regular Meeting, the Hearing was continued to this day and hour; however, the Auditor’s office has requested that the Hearing be continued to March 30, 2026.
Commissioner Piepkorn moved the application be continued to 5:05 p.m. on Monday, March 30, 2026.
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.
Hearing on an Application Filed by Dakota Food Group LLC d/b/a Teddy’s for an Alcoholic Beverage License Continued to March 30, 2026:
A Hearing had been set for February 2, 2026 on the application filed by Dakota Food Group LLC d/b/a Teddy’s for a Class "FA-RZ" Alcoholic Beverage License at 624 Main Avenue, Suite 4.
At the February 2, 2026 Regular Meeting, the Hearing was continued to this day and hour; however, the Auditor’s office has requested that the Hearing be continued to March 30, 2026.
Commissioner Piepkorn moved the application be continued to 5:05 p.m. on Monday, March 30, 2026.
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.
Parcels of Land in Mehl/First Addition Rezoned (2506 35th Avenue South):
At a Hearing held on February 3, 2026 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential to LC, Limited Commercial with a C-O, Conditional Overlay.
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 subject property is located within the Stonebridge neighborhood and was previously an office building and a school. He said the proposed use is a daycare center with a minimum of 75 children, which is consistent with these land uses and place types. In 2021, he said, a Conditional Use Permit (CUP) was obtained by Capstone Classical Academy and the permit allowed for waiver of a section in the Land Development Code to be exempt from the minimum base site area of 10 acres for schools in the MR, Multi-Dwelling zoning district. One of the conditions of the CUP was the permit would cease if the land use changed from a school for a period of more than 12 consecutive months, he stated. Capstone relocated in December 2024, therefore the CUP terminated in December 2025, he said.
Commissioner Piepkorn 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 and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.
Second by Turnberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Turnberg, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Mehl/First 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 Mehl/First Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.
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.
Renaissance Zone Project for a New Construction Project for Central at the Horizon, LP (Project 374-F) at 11 12th Street North Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Central at the Horizon, LP (Project 374-F) located at 11 12th Street North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
Planning Director Nicole Crutchfield said this new construction project is a five-story multi-family building with about 262 units and above ground indoor parking. The application indicates an investment of $93,700,000.00, she stated, which is $262.00 per square foot, which exceeds the minimum investment threshold. She said there was a delay in this agenda item due to the fact that there was a simultaneous Payment In Lieu of Taxes (PILOT) application being heard. She said the PILOT application has since been withdrawn and only the Renaissance Zone application is moving forward. At current estimates, the property value after the initial five-year period is projected to generate $1.3 million in annual tax value, she said and this will be subsidized housing. The applicant is also pursuing a potential partnership with the North Dakota Housing Finance Agency in lieu of the City-sponsored PILOT to make the financing work, she said.
David Wesner, The Annex Group, said the company originally applied for the Renaissance Zone and the PILOT incentives; however, after the PILOT application was turned down, the company found a way to move forward with affordable housing using specific tax credits, allowing the company to proceed without the City-sponsored PILOT. The Renaissance Zone incentive remains vital to the project's feasibility, he stated and even with this incentive, there will be a substantial tax payment to the City, Cass County and School District starting in year six.
Commissioner Kolpack said it would be beneficial if The Annex Group eventually spoke with the School Board as there was some confusion regarding how these exemptions function. She said one of the School Board’s concerns involved the level of equity The Annex Group has in the investment, which was clarified during the Economic Development Incentives Committee meeting. In these types of large-scale projects, she stated, companies often have to find various investors to make the deal move.
In response to a question from Commissioner Kolpack asking what he considers affordable housing and what would actual rents be for these units, Mr. Wesner said every unit will be capped at 60% of the AMI and based on current figures, those rents typically range between $1,000.00 and $1,400.00 depending on the bedroom count. Without the City-sponsored PILOT, he said, the project is only feasible if the Renaissance Zone incentive is received. Beyond that request, he said, the company is self-financing and funding the remainder of the project.
Commissioner Piepkorn said this site was toxic and the City is fortunate to have anyone wanting to build at the site as it requires specialized construction techniques. This project also provides both affordable and workforce housing, he stated, which has been a primary goal for Downtown. He said the City wants people who work Downtown to be able to live Downtown and while $1,000.00 to $1,400.00 for rent might sound high for some, for two- and three-bedroom units, that is the reality of affordable housing today. This project checks multiple boxes for the City, he said and he is thankful the applicant found a way to make it work after the PILOT was withdrawn.
In response to a question from Commissioner Strand asking if this is a five-year Renaissance Zone incentive as he recalls a discussion about potentially modifying it to eight years, Ms. Crutchfield said the City was not able to amend the plan to eight years due to the fact that the proposal failed to pass through the School District.
Commissioner Strand said this is a terrific investment and he has rarely seen a Renaissance Zone application he did not endorse due to the fact that the program is solid and, crucially, it is not permanent. He said he would not have voted for a PILOT and he is hesitant to grant those incentives until the City’s policies are better aligned.
In response to a question from Commissioner Kolpack asking about the 62 out of 90 point rating this project received, Ms. Crutchfield said the 62 score is a metric used as a guide; however, it is not the final truth test for approval. She said the 2018 Downtown In Focus plan prioritizes first-floor retail activation; however, there is also a housing study showing a desperate need for more affordable units. She said the Planning Department balances the scoring metric against the immediate need for housing and the economic reality of the market.
In response to a question from Commissioner Kolpack asking about incentive policies and seeing where things are with the School District and the County, are there concerns about moving forward before policy changes are finalized, Ms. Crutchfield said there are ongoing discussions with the School District regarding changes to incentive policies and she just received a draft policy for the City’s feedback. She said Planning is going to be discerning about what that means for the City and she does not want to proceed with projects that will not be supported by other political subdivisions. She said Planning will do its due diligence over the next month to discern the impact on future applications.
Commissioner Kolpack said it might be good to sit down and have a broader discussion about these policies again, as it seems to be a constant point of debate.
Ms. Crutchfield said if there are policy changes, it would be ideal to have the Commission discuss them before the summer and the upcoming election transition.
Commissioner Strand moved the Renaissance Zone application filed by Central at the Horizon, LP for a project located at 11 12th Street North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn and Mahoney voted aye.
Commissioners Kolpack and Turnberg voted nay.
The motion was declared carried.
Special Assessments for Nuisance Abatement Fees on Certain Properties in the City of Fargo Approved:
A Hearing had been set for this day and hour on special assessments for nuisance abatement fees on the list of properties on file in the City Auditor’s Office.
No appeals have been filed in writing against any item appearing on such special assessment reinspection list and no person is present at this Hearing to appeal or offer any objection thereto.
Deputy City Auditor Angie Bear said the City prepares a list annually of code enforcement and nuisance abatements, commonly Dutch Elm tree removal, mowing, snow removal and dog waste removal. She said the City offers a five-year process for Dutch elm disease removal and this year four properties opted to use that assessment rather than a one-year assessment.
Commissioner Kolpack moved the special assessments for nuisance abatement fees on the listed properties be approved.
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.
Presentation by Gate City Bank of the 2026 Neighborhood Revitalization Initiative (NRI) Program:
Planning Director Nicole Crutchfield said the NRI program improves neighborhood quality and encourages investment in the City’s existing neighborhoods. She said the program provides homeowners with low-interest loans to address qualifying property repairs and improvement projects.
Gate City Bank representatives Brandie Haugen and Pam Krupke said this year the bank is making a $2 million investment in the Neighborhood Revitalization Initiative (NRI) Program. They said loans are available to finance new improvement projects not yet under construction and may be used for items such as structural corrections, energy upgrades and general property improvements. Other requirements include homes must be 40 years or older, residences must be occupied by their owners, the assessed value of homes must be less than $300,000.00 and participating homes must be located within the NRI boundary, they said. Applications are reviewed on a first-come, first-serve basis as funds are available, they said and applications will be accepted March 16 through October 31, 2026. Loans can range from $10,000.00 to $100,000.00, they said and have repayment options of 10 or 15 years with an annual percentage rate as low as 4.66%.
Mayor Mahoney said the City appreciates its longstanding partnership with Gate City Bank, which over the years has helped hundreds of Fargo homeowners renovate and improve their properties. He said by investing in neighborhoods, the City is strengthening the community and building a strong, vibrant future for residents.
Nancy Mansouri Appointed to the Civil Service Commission:
The Board received a communication from Mayor Mahoney recommending that Nancy Mansouri be appointed to the Civil Service Commission to replace Mike Wenaas, whose term ended on June 30, 2025.
Commissioner Strand moved Nancy Mansouri be appointed to the Civil Service Commission for a term ending June 30, 2028.
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.
Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Jamie and Mary Alderman (5 years).
b. Richard and Lisa Osborne (5 years).
c. Stacy Belehar (5 years).
d. Jeremy Johnson (5 years).
e. Daniel and Nancy Hull (5 years).
f. Wayne and Kathleen Henjum (5 years).
Commissioner Piepkorn moved the applications 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.
Request to Grant a 60-Day Extension to the Human Rights Commission Approved:
Assistant City Administrator Brenda Derrig said that since the City Commission meeting on January 5th, the Human Rights Commission (HRC) has been meeting bi-weekly to determine a strategic path forward. They have consulted with the North Dakota Human Rights Coalition and the New American Resource Center to explore various options for making the Board more community-focused, she said. While a proposal was introduced at the February 19th meeting, she stated, the Board felt the turnaround time was too tight to hold a proper vote; therefore, the HRC is requesting a 60-day extension from the City Commission to refine a proposal and complete their work.
Sekou Sirleaf, Barry Nelson, Christopher Coen and Dalton Erickson spoke.
Commissioner Turnberg said equating the potential disbanding of the HRC with a loss of civil rights is simply not the case. This group has been ineffective and grossly disorganized and have ignored parliamentary procedure and existing rules entirely, she said. When she met with some of the HRC members, she said, she asked what they had brought forward since she joined the City Commission and no one could name a single thing. She said the City Commission is just kicking the can down the road on a group that has not been effective and the City Commission needs to put a stop to it.
Commissioner Kolpack said the HRC could be impactful if it had a different format, perhaps with a City Commissioner as a liaison and a clear understanding of its mission without over-utilizing staff resources. She said the Board is close to bringing forward a proposal, possibly aligning as a chapter of the North Dakota Human Rights Coalition; however, adding another 60 days feels like belaboring the point. This work was supposed to start 14 months ago, she said, and other Boards, including the Native American Commission and the Arts and Culture Commission, have already completed transitions and found solutions to operate independently.
Commissioner Kolpack moved the final proposal for the future evolution of the HRC be presented for consideration and a vote be taken at the next City Commission meeting.
The motion died for lack of a second.
Commissioner Strand said working with deadlines is difficult and he does not see the harm in giving the HRC more time. He said it is not easy to take a Board like this, put the burden on the citizens' shoulders and tell them to reinvent themselves while the City Commission passes the baton. He said he wants to see what the HRC comes up with on its own terms.
Mayor Mahoney said the difficulty is that there needs to be a defined purpose and this Board does not need to be part of the City. He said he met with the Chair and the reality is the HRC is asking for a quick decision on a Resolution that was not very timely. Other Boards, such as the Native American Commission, have shown they have value by doing the work independently, he said and currently the HRC has no power to investigate or take specific actions. He asked if the HRC does not have those rights, what are the meetings for and what are they addressing in the community? The HRC needs to do some introspective work, he stated and bring solutions to the City Commission, not just more dialogue.
Commissioner Turnberg said this originally came forward due to the strain on City time and resources. Every other Commission has found a solution within the timeframe, she said and even current HRC members cannot define what they are supposed to be doing. The Native American Commission deserves kudos as they have organized themselves and are continuing their work outside of City government, she stated, and if an issue arises, the NAC can still come to the City Commission. Passing an extension for the HRC just to feel good does not change the fact that the HRC has been ineffectual, she said.
Commissioner Piepkorn said he wants the HRC to have a solid succession strategy and instead of rushing, the City Commission should give them time to make sure they have a good plan.
Commissioner Strand moved the request for a 60-day extension be approved.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Kolpack and Mahoney voted aye.
Commissioner Turnberg voted nay.
The motion was declared carried.
Transition Plan for the Native American Commission Approved:
Planning Director Nicole Crutchfield said over the last 60 days, Ashley Littlewolf, Chair of the Native American Commission (NAC) and her Committee members have worked to develop a formal transition plan.
Ms. Littlewolf said since 2006, the NAC and the City have worked collaboratively to build trust and foster representation for Native voices and this new structure outlines a future where the NAC remains a visible and consistent presence without a reliance on City funding or administrative resources. This is not just about approving a document, she stated; it is about how Fargo chooses to engage with a historically underserved and fast-growing population. Under this new structure, she said, the NAC will continue its essential advisory role to the Mayor and the City Commission on matters impacting the Native American community; however, the NAC will transition into an informal, volunteer, community-led body which allows the NAC greater flexibility and self-directed governance while maintaining an advisory relationship with City leadership. The NAC’s goals remain the same: ensuring Native representation in decision-making, supporting sovereign partnerships with tribal nations and promoting cultural education. She said the NAC is moving toward a model of partnership, not dependency.
Mayor Mahoney said Ms. Littlewolf has done a wonderful job leading the transition and her relationship with the community has been helpful in addressing local needs.
Commissioner Strand said he has spent years learning from Native cultures. Fargo was the first city in the country to establish a Native American Commission, he said and among the first to celebrate Indigenous Peoples' Day. He said Ms. Littlewolf has been stellar and humble throughout this and his only regret is that the community support has not always been adequate. He said the NAC does not need permission to speak, to ask or to lead. Native people are the original inhabitants of this land, he said and he is thankful to Ms. Littlewolf for not giving up and for working to make this transition meaningful.
Commissioner Kolpack said she views this as the next evolution for the NAC, much like the path taken by the Fargo Youth Initiative and the Arts and Culture Commission. She said she hopes the Human Rights Commission follows this lead.
Commissioner Strand moved the proposed transition plan be approved, as presented.
Second by Kolpack. 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.
A Decision Regarding Ordinances Relating to Sale of Tobacco Products, Definitions and Classification of Ordinance Violations Delayed Until After the June 9, 2026 City Election:
Fargo Cass Public Health (FCPH) Director Jenn Faul and Abby Lang, Director of the Health Promotions Division at Fargo Cass Public Health addressed the City Commission regarding a comprehensive tobacco and nicotine Ordinance. They said the proposal is the result of extensive collaboration with local and national health organizations, including the American Heart Association, Sanford Medical Center and the Public Health Law Center. Since July 2025, they said, FCPH has worked with the City Attorney’s office and held multiple joint meetings with the Board of Health to examine the harms of modern nicotine products, specifically focusing on licensing and flavor policies. On February 20th, the Board of Health passed a Resolution of support for this Ordinance, they stated. Tobacco products have changed, they said and in the past the market was limited to cigarettes and loose-leaf tobacco. Today there are nicotine salts, they said, which use organic acids to increase potency, allowing small devices to deliver massive doses of nicotine. The industry uses flavors to mask the harshness of nicotine, they said and the brain’s perception of flavor is a combination of smell and taste. They said for example, when a youth smells a product that reminds them of birthday cake or strawberry kiwi, it creates a halo effect of safety. While these flavorings are safe for ingestion in food or soap, they said, the Surgeon General has noted they can be toxic when inhaled into the lungs. Menthol, the most well-known flavor, is specifically designed to numb the throat, they said, making it easier for first-time youth users to experiment without discomfort. Currently, North Dakota lacks a local license for tobacco retailers, they said, unlike the system for alcohol. This Ordinance would require a local retail license in Fargo, they stated, running from July 1st to June 30th to align with State cycles. This gives the City the authority to enforce local laws quickly and equitably, they said. A mandatory retailer education program is also being proposed, they said, similar to FCPH’s Responsible Beverage Server Training for alcohol which would ensure clerks have the strategies necessary to decline sales to minors. Additionally, they said, FCPH is proposing a cap on the number of licenses. Fargo currently has 144 locations selling nicotine, including 17 specialty shops, which is a high density for Fargo’s population, they said and they recommend a maximum of 139 licenses, which is a ratio of one per 10,000 residents, which is a standard supported by the National Institutes of Health. Current retailers would be grandfathered into this clause, they said. There is a misconception that youth primarily buy products online, they said and data from the CDC Foundation and FCPH’s own anecdotal evidence from local health classes show the internet is the least common source. Adolescents are impulsive, they said, they want the product immediately and are more likely to attempt a local purchase. Regarding penalties for violations, they said, they are proposing the following tiered system:
• First violation: $500 fine and probation.
• Second violation: $1,000 fine and a 7-day license suspension.
• Third violation: $2,000 fine, a 14-day suspension and mandatory use of a City-provided forensic ID scanner.
• Subsequent violations: $2,000 fine and license revocation.
They said vapes and nicotine pouches are not part of the 28.6% tobacco excise tax and are only taxed at the general rate of 7.5%. They said the goal is to remove illegal flavored products targeting youth, not to eliminate vaping entirely. North Dakota currently ranks 49th in the nation for tobacco taxes, they said and Fargo’s youth use rate is nearly 2.5 times the national average. Since the State has not passed significant tobacco regulations in 33 years, they said, Fargo must act. They said Fargo is not a pioneer and would be joining six states and nearly 400 localities that have already restricted flavored tobacco to protect its citizens.
Reba Mathern-Jacobson, Jason McCoy, Tony Burke, Patrick Mapp, Cam Johnson, Jeremiah Duckworth, Zachary Johnson, Darius Endres, Albert Mata, Susan Decker and Brad Erpelding spoke.
Mayor Mahoney said the Chamber of Commerce has offered to host listening sessions between shop owners and FCPH to open a more transparent dialogue.
In response to a question from Commissioner Strand asking for clarification on the recommended motion and if this Ordinance is received and filed, does that mean approval or is it just entering the system to be vetted, City Attorney Ian McLean said Ordinances require a receive and file status unless four-fifths of the City Commission waves it. This allows for public and Commission input before a first reading, he said. Receive and file technically moves the Ordinance forward; however, it must still come before the City Commission twice more, with the earliest being March 16th and 30th.
Commissioner Strand moved the Ordinances relating to sale of tobacco products, and definitions and classification of Ordinance violations be received and filed and placed on first reading at the next Regular Meeting of the Board.
Mayor Mahoney relinquished the Chair to second the motion (Deputy Mayor Kolpack presiding).
Commissioner Turnberg said she feels there is too much one-sided data and she will not vote to move the Ordinances forward until there is a meeting with both sides represented. She said much of the data presented was erroneous and represents government overreach. It is frustrating that a Department that handed out 6,000 crack pipes for illegal drugs now wants to prohibit legal products for adults, she said. This ban touches menthol, Big League Chew and even beef jerky that looks like chew. When does it end, she asked, and will the City ban soda or Twinkies next because of diabetes? She said she would like to delay this item until after the June 9th election.
Mayor Mahoney said everyone agrees youth should not vape; however, the freedom of adults must be respected. He said there has not been enough retailer involvement and he supports a pause to find the best path forward.
In response to a question from Commissioner Strand asking if this item is delayed, who handles the next steps and how does the City Commission ensure the conversation actually happens, City Administrator Michael Redlinger said he will work with the Chamber of Commerce and a meeting could be held in the Commission Chambers so it is recorded and public.
Commissioner Piepkorn said before there is a vote, he wants to clarify the intention to stop flavored vaping for minors is clear. The draft Ordinances touch on many issues not transparently discussed, he said.
Commissioner Turnberg move to amend the motion to delay until after the June 9th election to allow for a neutral informational meeting where all entities can talk.
Deputy Mayor Kolpack returned the Chair (Mayor Mahoney presiding).
Second by Kolpack. On call of the roll Commissioners Turnberg, Kolpack, Strand and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.
Liaison Commissioner Assignment Updates:
The Commissioners gave reports on the Boards and Committees on which they serve.
Public Comments:
Jeremy Schaeffer and Christopher Coen spoke.
The meeting adjourned at 7:23 o’clock p.m.