(FARGO) – The Fargo City Commission took action Tuesday night regarding the city’s continued effort working on camping on public property.
City staff presented commissioners with an ordinance and resolution on Tuesday night.
Resolution
Assistant City Administrator Brenda Derrig opened the discussion by updating commissioners on edits done to the resolution. Two additions were made to the resolution.
The first was regarding implementation of the Housing First strategy, of which the resolution is a short-term fix preceding the long-term strategy being developed by the city.
The second addition was to allow for a report back to commissioners regarding the issues being focused on in 90 days.
Drafters of the resolution also added wordage to the critical infrastructure, adding public buildings. Derrig also told commissioners that sidewalks were added to the resolution.
Parks were also added to the enforcement priority in the resolution.
Expectations were also adjusted, adding the riverbank setback be added.
Changes were also made to the homeless camp expectations, allowing for the ensuring ofHowdy, Chris Larson
The priority enforcement areas include areas adjacent to the city’s trail system and within 100 feet of the bridge over the Red River. Additionally, critical infrastructure will be a priority enforcement area, Derrig said.
Comments received
Derrig said the city allowed an online comment period.
The comment period gathered 62 comments, with a majority of the comments sharing concerns regarding fees. Additionally, many comments were received in support of the Housing First program.
“Many who were concerned with the fee amount were also supportive of a Housing First program and affordable housing,” Derrig said.
A wide variety of other comments were given – including the non-support of the ordinance.
Additional comments were received asking the city to reduce the 48-hour notification of camp removal to a 24-hour notification.
Ordinance
The ordinance states that anyone camping unlawfully must vacate and remove all belongings from the public property within 48 hours of receiving notice to vacate from an enforcement officer. After 48 hours, the City or its contractor shall remove the campsite. All unclaimed personal property with apparent value or utility will be stored for 60 days. After 60 days, unclaimed personal property may be disposed of in accordance with Fargo Municipal Code.
Anyone who violates the ordinance is guilty of an infraction, which is punishable by a fine not to exceed $1,000.
Community Comment
Beth Olson, who serves on the board for the F-M Coalition to End Homelessness and has worked with the homeless population for several years, said homelessness is ‘a complex problem with a remarkably straightforward solution – housing.’
“At the F-M Coalition to End Homelessness, we don’t support any laws that criminalize homelessness,” she said. “We believe the city’s proposed ordinance and resolution have been misunderstood overall.”
She said the ordinance and resolution don’t completely ban camping, but rather ban ‘unsafe behaviors.’
Rocky Schneider, executive director of the Downtown Community Partnership, called homelessness ‘a serious issue.’
“We appreciate the City and all of your attention to this issue,” he said during an open comment period. “Challenge us, and challenge the community, to come up with a solution.”
Olivia Fisher, a Fargo resident, said she was speaking at the meeting ‘from a place of frustration.’
She shared personal stories of working with the homeless population.
“It’s been very disturbing to hear some city officials make assumptions that unhoused people in our town are dangerous and less deserving of basic human rights,” Fisher said.
She said more than 40 people are unsheltered in the city, because all shelters are full.
Fisher called on city commissioners to pass the Housing First strategy.
Fargo resident Debra Fredericksen said she believes the city should ‘break up’ scattered camps and consolidate them into a central location.
“That will be more efficient in allocation of necessary resources,” she said.
She proposed an alternative fine to homeless, including a work program within the community.
Additionally, Fredericksen said the Downtown Engagement Center needs to continue, but needs to move from out of downtown.
State Senator Tim Mathern, D-Fargo, said he appreciates the city’s effort put into homelessness.
“I think you led us in the right direction when you took on the stance regarding housing first,” Mathern said. He has worked as a social worker for 50 years, currently at Prairie St. John’s.
“Your task is multi-faceted,” he said.
Before being cut off due to time limits given to all speakers, Mathern had started discussing recommendations.
Mayor Tim Mahoney requested Mathern provide commissioners with written recommendations.
Commission waives second reading of ordinance, approves final passage
Commissioner Dave Piepkorn made a motion to waive the second reading of the ordinance, seconded by Michelle Turnberg. That passed unanimously.
Piepkorn made a motion to approve the second reading and final passage of the ordinance, seconded by Commissioner Denise Kolpack.
Commissioner comments
Before voting, commissioners made comments.
“I believe this ordinance will improve public safety in downtown Fargo,” Piepkorn said. “This is very important. We have had rapes, murder, arson and vandalism all underneath the bridges.”
Piepkorn said he would not support the resolution.
“Basically, it is contrary to what we are going to vote on right now (the ordinance),” he said. “Everything there is a continuation of what we have, which is failure.”
Ian McLean, with the City Attorney’s Office, offered clarification to Commissioner Denise Kolpack’s inquiry about the fine.
“There is no requirement of any fine,” he said. “For an infraction, the maximum fine is $1,000. It could be $1. It could be suspended.”
McLean said the City of Fargo has had more than 300 infractions in municipal court.
“I don’t think a single one has resulted in a $1,000 fine this year,” he said. Only a handful of cases in the past several years have resulted in a substantial fine. An infraction would allow the police department remove, or arrest, someone breaking a law.
Commissioner John Strand asked whether or not the city could reduce the penalty to a non-criminal citation.
McLean warned that police would not be able to arrest someone under that situation.
“That’s up to the City Commission about how they want to go about it,” he said. “You would set the penalty for whatever the City Commission deems appropriate.”
Mahoney reminded Strand that an infraction ‘is needed to enforce it.’
Strand asked whether or not a penalty has to be included in the ordinance.
“If there is a penalty, it must be included in the ordinance,” City Attorney Nancy Morris said. The ordinance is then published for the public to notify them of the penalty for not following the ordinance.
Commissioner Michelle Turnberg said the resolution ‘muddies the water.’
“It’s a deep, deep, heavy-rooted problem that’s going to take a lot of work,” she said. “People think that we, somehow, are heartless by trying to pass an ordinance and resolution, which is not the case whatsoever.”
She said commissioners have met with many people, but the first step needs to be taken.
In the end, Turnberg said she recognizes the homelessness problem.
“I agree that it’s a big problem, but I don’t agree with the resolution,” she said.
Mahoney calls the issue ‘a serious problem for our community.’
“We want the downtown to be successful,” he said. “We always try to get it right, but sometimes it’s hard to get it right.”
Resolution narrowly passes, ordinance passes unanimously
The resolution presented to the commission passed 3-2, with commissioners Turnberg and Piepkorn voting against its passage.
The ordinance passed unanimously.
Several people in the audience applauded the result of the vote.
Next steps
The ordinance will take effect following its publication in the official newspaper of the City of Fargo, The Forum. That’s scheduled to take place on Saturday.
