Fargo City Commission- March 17, 2025
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 17, 2025.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.
A video was shown featuring the Transit Department and Andrew Almer, a Fixed Route Dispatcher for MATBUS, received the Rising Star Award.
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 March 3, 2025 be approved as read.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Kolpack moved the Consent Agenda be approved as follows:
1. Receive and file an Ordinance Enacting Section 10-0327 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare and an Ordinance Amending Sections 25-1518(A) and (B) of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages and Section 1-0305 of Chapter 1-03 Relating to Ordinance Violations.
2. Gaming Site Authorizations:
a. Friends of the Children Fargo-Moorhead at Southtown Pourhouse.
b. North Dakota Horse Park Foundation at Boss’ Pizza and Chicken.
3. Applications for Games of Chance:
a. bisonCatholic for a raffle on 3/29/25.
b. Fargo Air Museum for bingo on 3/27/25.
c. FM Walleyes Unlimited, Inc. for a raffle on 4/3/25.
d. FMWF Chamber of Commerce for a raffle on 7/16/25.
e. Jeremiah Program F-M for a raffle on 5/2/25.
f. Pray for Gray for a raffle on 5/9/25.
g. Professional Insurance Agents of North Dakota for a raffle on 5/5/25.
h. Red River Range for a raffle on 5/2/25.
i. She Overcomes Foundation for a raffle on 3/27/25.
j. St. Mary’s Cathedral for raffles on 5/3/25 and 5/4/25.
k. Veterans Honor Flight of ND/MN for a raffle on 4/12/25.
4. Change Order No. 3 for a 30-day time extension to the metal fencing installation date from 3/13/25 to 4/13/25 for Project No. NR-24-B2.
5. Engineering Services Contract with Houston Engineering, Inc. in the amount of $1,499,824.10 for Project No. QR-25-B0.
6. Cost Participation, Construction and Maintenance Agreement with NDDOT for the Red River North Shared Use Path (Project No. SN-25-B1).
7. Bid award to Roadway Services, Inc. in the amount of $112,800.00 for Project
No. PR-25-B1.
8. Bid award to Border States Paving, Inc. in the amount of $844,197.90 for Project
No. SR-25-A1.
9. Bid advertisement for Project No. SN-25-B.
10. Bid advertisement for Project No. SR-25-B.
11. Contract and bond for Project No. SN-25-A1.
12. Contract and bond for Improvement District No. BR-25-E1.
13. Engineering Services Agreement Amendment No. 3 with Apex Engineering Group in the amount of $56,681.00 for Improvement District No. BR-23-G0.
14. Documented CATEX and selection of Alternative B for Improvement District No. BR-26-G1.
15. Rejection of bids for Improvement District No. BR-25-B2.
16. Bid award to Asphalt Preservation Company, Inc. in the amount of $1,751,602.84 and Resolution Determining Insufficiency of Protests for Improvement District No. PR-25-C1.
17. Create Improvement District No. PR-25-H and adopt Resolution of Necessity (Asphalt Mill and Overlay).
18. Items from the FAHR Meeting:
a. Receive and file General Fund - Budget to Actual through 1/31/25.
b. Bid award to FM360, LLC in the amount of $152,870.00 for a Computer Maintenance Management System (CMMS) and related budget adjustment (RFP25068).
c. Solid Waste budget adjustment for 2025 equipment purchases as presented.
d. Reallocation of Solid Waste funds to allow for the development of an RFP for the purchase of 335 front-load collection containers (RFP25105).
19. Agreement with FM360, LLC for a Computer Maintenance Management System (CMMS) (RFP25068).
20. Change Order No. 2 in the amount of $16,370.56 for Fire Station No. 5 Renovation Project (general construction contract).
21. Piggyback purchase through ND State Contract No. 378 with North Central Intl. LLC in the amount of $120,317.39 for one 2026 HV607 International Chassis (PBC25034).
22. Amendment No. 2 to Task Order No. WA04 with Apex Engineering Group in the amount of $85,800.00 for Project No. WA1910.
23. Bills in the amount of $6,989,320.54.
Second by Strand. On call of the roll Commissioners Kolpack, Strand, Piepkorn, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Board of Equalization to Meet at 7:30 a.m. on Tuesday, April 8, 2025:
Commissioner Piepkorn moved the Board of Equalization meet at 7:30 o’clock a.m. on Tuesday, April 8, 2025.
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 for the Rezoning of Land in Brekke’s 64th Avenue Addition Withdrawn (1606 and 1648 64th Avenue South):
This item was withdrawn.
City Administrator, City Attorney’s Office and Human Resources Directed to Research a Full-Time Mayor and Two Additional Commissioners Effective July 1, 2026:
Commissioner Strand said the topic of a full-time Mayor for the City has been discussed in the governance meetings, by the City Commission and the citizens of Fargo. He said with the upcoming vacancy in the Mayor’s office in 2026, now is the time to address whether the next Fargo Mayor, and those who follow, should serve in a full-time rather than part-time capacity. He said he requests the City Commission authorize the City Administrator, City Attorney’s Office and Human Resources to develop a transition plan for a full-time Mayor with the election of Fargo’s next Mayor in June 2026. Staff will also incorporate and reflect this change in the City’s 2026 budget, he stated.
Commissioner Piepkorn said the City is in the process of reducing bureaucracy and government, not expanding it. He said he wants to know how this will be implemented and what are the costs, including if there will have to be added support staff.
Mayor Mahoney said the costs and implementation plan would be included in a presentation to the City Commission after the research is completed.
Commissioner Strand moved to direct the City Administrator, City Attorney’s Office and the Human Resources Department to research a full-time Mayor for the City, propose a plan to transition the Mayor’s role to full-time on July 1, 2026 and incorporate the necessary budget support in the 2026 budget.
Second by Kolpack.
Commissioner Kolpack said she would like to amend the motion to include researching adding two additional City Commissioners. She said according to a recent community engagement survey, this is something the community wants the City to look into.
Commissioner Kolpack moved to amend the motion to include researching the addition of two City Commissioners.
Second by Strand.
On call of the roll on the motion to amend Commissioners Kolpack, Strand, Turnberg and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.
On call of the roll on the original motion as amended Commissioners Strand, Kolpack, Turnberg and Mahoney voted aye.
Commisioner Piepkorn voted nay.
The motion was declared carried.
Hearing to Consider a Renewal Plan and Developer Agreement with Skyline, LLC/Roers for Tax Increment Financing District No. 2018-03 Continued to March 31, 2025 (1100 Block of 18th Street North):
A Hearing had been set for this day and hour on a Renewal Plan and Developer Agreement with Skyline, LLC/Roers for Tax Increment Financing District No. 2018-03 (1100 Block of 18th Street North); however, staff is asking that this Hearing be continued to 5:15 p.m. on March 31, 2025.
Commissioner Kolpack moved the Hearing be continued to 5:15 o’clock p.m. on March 31, 2025.
Second by Strand. On call of the roll Commissioners Kolpack, Strand, Piepkorn, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Resolution Adopted Approving Vacation Plat of Portions of 22nd Street North, the Remainder of 8th Avenue North Lying West of 21st Street North, and the Block 34 East-West Alley, all Originally Dedicated with Beardsley’s Addition, Lying Between 7th and 8th Avenues North (2105 and 2115 7th Avenue North; 706, 716, 718, 724 and 738 21st Street North; 705 22nd Street North):
A Hearing had been set for March 3, 2025 to consider approval of a Vacation Plat of Portions of 22nd Street North, the Remainder of 8th Avenue North Lying West of 21st Street North, and the Block 34 East-West Alley, all originally dedicated with Beardsley’s Addition, Lying Between 7th and 8th Avenues North (2105 and 2115 7th Avenue North; 706, 716, 718, 724 and 738 21st Street North; 705 22nd Street North).
At the March 3, 2025 Regular Meeting the Hearing was continued to this day and hour.
Current Planning Coordinator Donald Kress said this is a very complex plat, with City and private utilities, easements, entryways, the railroad and a street that was dedicated in two parts, the first in 1881 and the second in 1951. He said this is the only street like this in Fargo.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Vacation Plat the East 70.00 Feet of 22nd Street North Adjoining Lots 1 and 21 of First Industrial Subdivision of Beardsley’s Addition, that part of 22nd Street North Adjoining part of Block 27, all of Block 24, and that part of an Avenue as platted on Beardsley’s Addition, between Blocks 27 and 34 of said Beardsley’s Addition, and all of the East-West Alley as platted on Beardsley’s Addition, Adjoining Lots 6 through 13, Block 34 of said Beardsley’s Addition containing 1.17 acres of land more or less, located at 2105 and 2115 7th Avenue North; 706, 716, 718, 724, and 738 21st Street North; 705 22nd Street North; and
WHEREAS, A Hearing was held June 4, 2024 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 January 29, February 5, 12, and 19, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., March 3, 2025 at which time said Plat would be considered and all interested persons would be heard. At the March 3, 2025 City Commission meeting, the Hearing was continued to March 17, 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 “Vacation Plat the East 70.00 Feet of 22nd Street North Adjoining Lots 1 and 21 of First Industrial Subdivision of Beardsley’s Addition, that part of 22nd Street North Adjoining part of Block 27, all of Block 24, and that part of an Avenue as platted on Beardsley’s Addition, between Blocks 27 and 34 of said Beardsley’s Addition, and all of the East-West Alley as platted on Beardsley’s Addition, Adjoining Lots 6 through 13, Block 34 of said Beardsley’s 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.
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.
Appeal of the Denial of a Conditional Use Permit to Allow Group Living at 213 Forest Avenue North Denied:
A Hearing had been held by the Fargo Planning Commission on February 4, 2025 to consider a request for a Conditional Use Permit (CUP) to allow Group Living in the SR-2 Zone for the property at 213 Forest Avenue North (Lot 11, Block 9, Edgewood Second Addition), and the Fargo Planning Commission at such Hearing recommended that the Conditional Use Permit be denied.
The City received an appeal of the denial of the Conditional Use Permit from Connecting Point, LLC/Brad McCaslin, which requires that a Public Hearing be held by the City Commission.
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 Planning Commission recommendation is to deny allowing more than three non-related individuals in a single household. The violation of the zoning violation was brought to the attention of the Inspections Department in July 2024. He said the applicant applied for the CUP in November 2024 and the Planning Commission denied the application, which is why the appeal of that decision is brought before the City Commission. He said the applicant’s attorney, Drew Hushka, will address the City Commission as well as others who may wish to testify in support and opposition to this item.
Drew Hushka, Vogel Law Firm, spoke on behalf of the NDSU students; Coleen Larson, 2941 Edgewood Drive North, and Denise Scufsa, 217 Forest Avenue North, also spoke in favor; and David Slack, 218 Forest Avenue North, spoke in opposition.
Commissioner Turnberg said she went to school in Fargo/Moorhead and it was common that multiple college students were living in one household at a time and the biggest challenge was parking.
In response to a question from Commissioner Turnberg asking when the Ordinance was initially enacted, Mr. Kress said the original Ordinance dates back to the 1950s and the Ordinance as it is known now dates back to 1999.
Commissioner Piepkorn, while acknowledging his understanding of the students' situation from his own college experience, stated he must vote to deny the appeal due to the fact that the students are violating City Ordinances. He emphasized the importance of adhering to rules, suggesting the students could have legally resided together in a duplex had they researched the code beforehand.
Commissioner Kolpack expressed the challenging nature of the decision, weighing the NDSU students' exemplary conduct against the potential for establishing an undesirable precedent. She highlighted the Planning Commission's thorough deliberation and subsequent unanimous vote, while also acknowledging the neighbors’ concerns about the presence of five renters in a primarily residential area.
In response to a comment by Commissioner Piepkorn stating code violations are not sought out by the City and asked Mr. Kress to speak about how these violations were discovered, Mr. Kress explained inspections and zoning enforcement are complaint-driven. He stated in July 2024, the Inspections Department received a complaint about more than three unrelated individuals residing in the home. He said Inspections offered the applicant the opportunity to apply for a Conditional Use Permit, which was subsequently denied by the Planning Commission.
Regarding Commissioner Turnberg's inquiry about temporary housing for NDSU students, Ms. Morris clarified the Ordinance lacks provisions for allowing five unrelated individuals to reside in a household until the students complete their studies. She emphasized the decision is a straightforward approval or denial. Furthermore, she recommended any CUP considerations should be referred back to the Planning Commission for further review.
Drawing an analogy to the extension of the Camping Resolution, Commissioner Turnberg suggested the NDSU students' living arrangement warrants an extension. She emphasized the students’ reputation as ideal neighbors as justification for this extension.
In response to a question from Commissioner Strand asking whether this is something the students are planning on advancing or if it is a one off, Planning Director Nicole Crutchfield said housing is a nationwide issue and this matter will be addressed during the Land Development Code revisions. She said Planning is examining how zoning practices, which originated in the 1950s, are evolving and the topic of group living will be a key point of discussion. It is important to distinguish between single-family and multi-family zoning districts and the north side, particularly near NDSU, is largely multi-family zoned and group living regulations differ between these zones, even if a property appears to be in a single-family neighborhood. She said that without complaints, inspections would not have occurred and this matter would not be before the City Commission today.
In response to a question from Commissioner Turnberg asking about details of the complaints, Mr. Kress said the primary violation was five unrelated individuals residing in a single dwelling, which is a zoning Ordinance breach.
Inspections Director Shawn Ouradnik said a July 2024 inspection revealed the zoning violation, construction and building code infractions, which were subsequently addressed. He stated follow-up visits indicated compliance with bedroom usage, with only three of five bedrooms occupied. He said there continued to be neighbor complaints alleging five unrelated individuals still lived there. He said a drop-in inspection confirmed non-compliance. He emphasized that while the students may be well-behaved, the code is the focus and excessive parking remained a violation, even with neighbor consent.
Commissioner Piepkorn moved the appeal of the denial of the Conditional Use Permit to allow group living at 213 Forest Avenue North be denied.
Second by Strand. On call of the roll Commissioners Piepkorn, Strand, Kolpack and Mahoney voted aye.
Commissioner Turnberg voted nay.
The motion was declared carried.
Renaissance Zone Project for DH Ventures, LLC Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for DH Ventures, LLC (369-F) located at 508, 510 and 512 Broadway.
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.
The Board received a communication from Planning Director Nicole Crutchfield stating the Renaissance Zone Project application presented by DH Ventures, LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. She said the intent of this project is to renovate the existing building into five commercial spaces. She said the work includes new flooring, insulation and drywall, updates to HVAC, electrical, plumbing, roof repairs and façade improvements of new doors, windows and restoring building to brick face. She said the project meets all State and local requirements for approval and is consistent with goals and objectives as established in the Fargo Renaissance Zone Development plan. She said the application indicates investment of approximately $350,000.00, which is approximately $75.00 per square foot and exceeds the minimum investment threshold as set forth in the plan.
Commissioner Piepkorn moved the Renaissance Zone application filed by DH Ventures, LLC for a project located at 508, 510 and 512 Broadway be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.
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.
Renaissance Zone Project for Cass Clay Community Land Trust Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Cass Clay Community Land Trust (370-F) for a project located at 717 3rd Avenue 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.
The Board received a communication from Planning Director Nicole Crutchfield stating the Renaissance Zone Project application presented by Cass Clay Community Land Trust meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. The intent of the project is to renovate the interior into an office space, update the exterior façade and add a 706 square foot addition, she said. The project meets all state and local requirements for approval and is consistent with the goals and objectives as established in the Fargo Renaissance Zone Development Plan, she said. The application indicates an investment of approximately $100,000.00, which is $162.00 per square foot for the rehabilitation, she stated, and an investment of approximately $250,000.00, which is $354.00 per square foot for the new construction. She stated both values exceed the minimum investment thresholds as set forth in the plan.
Paul Gleye, Fargo resident, spoke in opposition to the Renaissance Zone Rehabilitation Project.
Trenton Gerads, Executive Director of the Cass Clay Community Land Trust, spoke in favor of the project and provided additional information.
Commissioner Piepkorn said it has been more than 15 years and this house is deteriorating, which is painful to see as it is one of his favorite Fargo landmarks. He said he has many memories showing it to his son and it is one of the coolest houses in the City. He said he has witnessed its decline firsthand and understands the loss of some authentic features; however, it is simply beyond repair in its current state. He said he shares Mr. Gleye’s sentiment and it is heartbreaking. The prospect of this becoming an active, viable building is positive and he supports the Land Trust's efforts and encourages them to preserve as much of the historic character as possible. He said this project is a special moment for Fargo and he is glad to see it moving forward.
Mayor Mahoney said for the benefit of the public, it is important to note numerous attempts to rehabilitate this building have failed over the past and the Land Trust has now intervened. He said he would like to recognize the financial constraints they face in making this project viable. The property has come before the City Commission repeatedly with reports, yet no progress and this initiative is a significant improvement and he hopes it will positively impact the neighborhood.
Commissioner Strand stated that although he does not have a fiduciary or financial interest in this project, he may have a conflict due to the fact that he serves on the Cass Clay Community Land Trust Board.
Commissioner Piepkorn moved Commissioner Strand be allowed to vote on the Renaissance Zone Project for the Cass Clay Community Land Trust.
Second by Turnberg. On call of the roll Commissioners Piepkorn, Turnberg, Kolpack and Mahoney voted aye.
Commissioner Strand Abstained from voting.
The motion was declared carried.
Commissioner Strand said the establishment of a community land trust is a significant step for Fargo. He said while the aspiration is to create a land bank, this is a major advancement and preserving this historic building is crucial, given Milton Beebe significant contributions to the community. He said this project has been challenging; however, the concept of housing the land trust within such a landmark is exciting. He stated he is in favor of saving this building and supporting the land trust's growth and he would like to acknowledge the Kilbourne Group, who played a vital role in making this restoration possible. He stated he understands the neighbors' concerns; however, Fargo has lost too much history already and it cannot afford to lose more.
Commissioner Piepkorn moved the Renaissance Zone application filed by Cass Clay Community Land Trust for a project located at 717 3rd Avenue North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.
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.
Renaissance Zone Project for Lennon Lofts, LLC Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Lennon Lofts, LLC (371-F) to construct a new multi-family located at 220 6th Avenue 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.
The Board received a communication from Planning Director Nicole Crutchfield stating the Renaissance Zone Project application presented by Lennon Lofts, LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. She said the intent of the project is to demolish two blighted multi-family homes, one with fire damage, and construct a three-story, multi-family building with ground floor parking and 22 apartments units. The project meets all state and local requirements and is consistent with the goals and objectives as established in the Fargo Renaissance Zone Development Plan, she said. The application indicates an investment of approximately $3.4 million, which is $151.00 per square foot and exceeds the minimum investment threshold as set forth in the plan, she said.
Commissioner Piepkorn moved the Renaissance Zone application filed by Lennon Lofts, LLC for a project located at 220 6th Avenue North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.
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.
Renewal Plan and Developer Agreement with Lennon Lofts, LLC for Tax Increment Financing District No. 2025-01 Approved:
A Hearing had been set for this day and hour to review a Renewal Plan and Developer Agreement with Lennon Lofts, LLC for Tax Increment Financing District No. 2025-01.
No written protest or objection to the Plan 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 Plan.
Strategic Planning and Research Director Jim Gilmour said the Renewal Plan is for the redevelopment of a site at 220 6th Avenue North, which is on the northeast edge of Downtown. One of the buildings at the site is a six-unit apartment building, which was damaged by a fire five years ago and is currently vacant and boarded up. He said the project would demolish that building and another vacant building and construct a 22-unit apartment building with a value of more than $2.4 million. Following expiration of the exemptions, he stated, new property taxes are estimated to be up to $42,000.00 a year and the length of the exemption would be 5 years following the completion of a Renaissance Zone property tax exemption. He said the Planning Commission indicated this Renewal Plan is consistent with the Go2030 Comprehensive Plan and the Economic Development Incentives Committee is recommending approval.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, Certain areas within the City are in need of redevelopment in order to prevent further deterioration, to encourage investment and to preserve property values; and
WHEREAS, The Board of City Commissioners desires to avail itself of the power and authority granted by Chapter 40-58 NDCC.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners as follows:
1. That one or more slum or blighted areas, or areas consisting of industrial or commercial property, or a combination of those areas of properties, exist in the City of Fargo.
2. That the development, rehabilitation, conservation or redevelopment, or a combination thereof, of the area contained within the Renewal Plan for Tax Increment Financing District No. 2025-01, is necessary in the interest of public health, safety, morals or welfare of the residents of the City of Fargo and will afford maximum opportunity, consistent with the sound needs of the city as a whole, for the rehabilitation or redevelopment of the development area by private enterprise.
3. That there are blighted areas within the area contained within the Renewal Plan with deteriorated conditions that discourage redevelopment. The Renewal Area, as defined in the Renewal Plan, is blighted due to the presence of these conditions have substantially impaired the growth of the City, and have slowed the provision of appropriate redevelopment in this area. As a result, the Board of City Commissioners finds that a blighted condition exists in the said area.
4. That the area designated as the Renewal Plan for Tax Increment Financing District No. 2025-01 is appropriate for a development project.
5. That such development, rehabilitation, conservation or redevelopment of the area contained in the Renewal Plan for Tax Increment Financing District No. 2025-01 requires the powers and authority granted in Chapter 40-58 NDCC.
6. That the Renewal Plan for Tax Increment Financing District No. 2025-01 is hereby officially adopted by the Board.
7. That a Developer Agreement be prepared in regard to the Tax Increment Financing.
8. That the appropriate staff be directed to request the County Auditor and Treasurer to compute, certify and remit tax increments resulting from the development or renewal of the area in accordance with the plan and any modifications thereof, and that the County Auditor and Treasurer shall do so in accordance with this section.
Second by 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.
Presentation on Employee Overtime Polices, Procedures and Budget:
City Administrator Michael Redlinger said the presentation will explain how overtime is incurred, including circumstances that prompt a need for overtime such as staffing levels and turnover. He said the presentations will also cover the actual numbers, overtime approvals and monitoring, balancing resident expectations, staffing levels and future workforce challenges.
Finance Director Susan Thompson said of the $31 million spent on overtime over the past 11 years, $4 million was reimbursed by a variety of means, including disaster recovery grants. She said there are several ways to monitor overtime, including a timekeeping system where managers can see in real time all of their staff’s hours and the system also alerts managers when an employee is approaching overtime. Every month department managers receive a budget report detailing salaries and overtime and what percent of a department’s budget is lapsed, she said. In Finance, for example, the January budget report showed Finance was over budget with overtime, she said; however, January is a very busy month with year-end reporting, getting ready for the audit, providing 1099s and W2s and other issues and while it showed the department over budget in overtime, in aggregate Finance was well within the budget for overall salaries and benefits. She then showed a detailed spreadsheet of how the Police Department monitors overtime as well as charts and graphs that compare historic overtime numbers.
Human Resources Director Jill Minette said City staff serves the community 24/7/365 and department leaders regularly assess whether overtime is necessary to address daily staffing needs as well as emergency needs and ongoing operational needs without being overstaffed. She said seasonal and temporary workers are hired during peak seasons and she also listed some of the top factors that contribute to overtime, including declared emergencies, seasonal workloads, turnover and weather events. She shared charts with information on staffing gaps and a chart showing turnover rates for all departments. Absences are also a contributor to overtime, she said, and a chart showing the number of FMLA, military and worker’s comp leave cases was shared. She explained mandates and policies for non-exempt and exempt employees, including the fact that 30% of the City’s workforce is exempt from overtime, except under a declared emergency, and the fact that most exempt staff regularly work in excess of 40 hours per week.
Public Works Director Ben Dow said his department is always running about 10% short on staff, putting a strain on employees whose jobs are to clear snow, fix broken water mains, maintain sanitary and storm sewers. He said he watches overtime very closely and tries to provide work-life balance for his employees. Public Works has worked over the years to minimize staffing requests by using other City divisions during weather events, he stated, such as staff from Mains and Hydrants run alley plows and Forestry staff run the sanding trucks. He said a 3-inch snow event is a 5- to 7-day clean-up for his department with crews on 12-hour shifts. His employees regularly miss holidays, birthdays and other special events, he stated; however, they know that is part of the job. He said it is important to remember Public Works responds to numerous other emergencies throughout the year, including river and street flooding, freezing rain, tree damage, water main breaks, frozen water service, pavement blowouts in the summer, vehicle accident clean-up and deceased animal recovery.
Fire Chief Steve Dirksen said he utilizes overtime strategically to maintain a staffing level of a minimum of 32 people across eight fire stations every day to ensure rapid and effective responses to emergencies. His department is down twelve firefighters, he said, and six have left since January to move to other fire departments. He said there are new recruits; however, they have not yet started shift work and another issue is firefighters who are out on long-term FMLA, military leave or attending specialized training,
City Engineer Tom Knakmuhs said there are many tasks within Engineering that might lead to overtime and some are unexpected things, such as responding to a traffic signal failure or a street light knockdown outside of normal business hours. He said most of the overtime in Engineering is driven by construction projects, ensuring work within the public right-of-way is completed according to the City’s plans and specifications. This means staff must be on site whenever the contractor is working, he said, due to the fact that without proper oversight, construction deficiencies could lead to early failures, costly repairs and higher long-term expenses for the taxpayers. He said proper oversight extends the lifespan of the City’s infrastructure, reduces maintenance costs and minimizes disruptions for residents and businesses. The short construction season demands long hours for staff to complete the necessary work each construction season, he said, contractors routinely work 12-hour days, including weekends. He said if projects were restricted to a 40-hour week, what should take two weeks could easily stretch into 3 or 4 weeks. He said overtime comes at a cost; however, when compared to hiring additional full-time staff, contracting with outside engineering firms or allowing critical infrastructure to be built without any oversight, it is clear that the strategic use of overtime is the most cost-effective option. He said just as the City does not overbuild roads to eliminate every traffic delay at peak times, Engineering does not over staff to eliminate all overtime during the busiest months. Instead, he said, he looks to maintain a lean and efficient workforce using overtime strategically to meet seasonal demands while insuring projects are completed on time and with the high standards the City expects.
Mr. Redlinger said employees are desiring work-life balance and the City has experienced a declining interest in overtime over the last several years. Unemployment rates also remain low in the Fargo area and it is getting harder to fill overtime shifts and hard-to-fill positions. All of the City’s supervisors are working supervisors, he said, meaning those supervisors are backfilling the jobs for the people they supervise.
Commissioner Turnberg said the overtime discussion was prompted by a clickbait headline that shocked a lot of residents. Having worked in the media for 20 years, this is non-news, she stated, and there is nothing unusual about the overtime. It is within the parameters of every other city, she said, and this was blown out of proportion and presentation answered a lot of questions for the taxpayers.
Commissioner Piepkorn said going forward, he wants to see a monthly breakdown of overtime by department. He said the overtime cost information comes at a good time due to the fact that the City Commission is working on the 2026 budget.
Commissioner Strand said the story prompted an important discussion and there are many issues and challenges regarding recruiting and retention. He said the City should explore internships, fellowships and apprenticeships as well as the use of artificial intelligence and how that could possible grow City services.
Mayor Mahoney said he spoke to the Mayors of Duluth and Sioux Falls and their overtime costs are higher than Fargo. He said it is the middle of the night and weekend emergency work, such as water main breaks, that happen and the residents appreciate the dedication and great work that is done for the community.
Commissioner Kolpack said she appreciates anyone who chooses to work in public service and the City is competing every day with private industry and other municipalities. She said overtime is used due to understaffed departments and last year there were many requests to add additional staff and none of them were approved, with the exception of the new Fire station. Now the City is seeing the result of that tension and pressure of managing tax dollars and delivering services, she stated.
Motion Regarding Employee Overtime Withdrawn:
In response to a question from Mayor Mahoney asking Commissioner Piepkorn if he wants to pursue his motion from the March 3, 2025 Regular Meeting, which was delayed to this meeting, Commissioner Piepkorn expressed he did not intend to pursue the motion; therefore, the motion is deemed withdrawn.
Liaison Commissioner Assignment Updates:
The Commissioners gave reports on the Boards and Committees on which they serve.
Resident Comments:
Olivia Fischer spoke.
The meeting adjourned at 7:08 o’clock p.m.