Fargo City Commission- March 31, 2025

Regular Meeting: Monday, March 31, 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 4:00 o'clock p.m., Monday, March 31, 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 purpose of negotiation discussions regarding an offer received from WMF Properties LLC and from Hazer Ventures LLC for the acquisition of portions of the City property west of the landfill and to establish strategy and pricing for other portions of the same City property to be marketed for sale by the City. Discussing these negotiations, strategy and pricing in an open meeting would have a negative fiscal effect on the bargaining position of the City of Fargo. An Executive Session for this matter is authorized pursuant to North Dakota Century Code §44-04-19.1 subsection 9.
Commissioner Piepkorn moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC, Section 44-04-19.1(9) to discuss said matter.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.

At 4:05 o’clock p.m. the Board moved to the Red River Room to discuss the matter in Executive Session.
Members present were: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.

The Executive Session closed at 4:30 p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present.
Mayor Mahoney presiding.

Commissioner Piepkorn moved to authorize the City Administrator to convey the counteroffers to WMF Properties LLC and to Hazer Ventures LLC as discussed in Executive Session and to develop with said parties the terms of the Purchase Agreements between those parties and the City to then be presented to the City Commission for approval; and to authorize the listing of the northerly portion of the landfill property of approximately 24 acres for public sale utilizing non-exclusive listing agreements, as were used for the sale of the parcels to Galvanizers, WMF and Hazers, and to offer a listing price of $3.85 per square foot for said northerly portion.
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.

A video was shown featuring the Public Works Department. Public Works Office Associate Alyssa Geller received the Rising Star Award and third grade students Evelyn Anderson and Ninjin Bat-Od were recognized for their winning “Mayor for a Day” essays.

Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved, continuing Item No. 34 to 5:15 p.m. on Monday, April 14, 2025 and Item No. 37 to 5:15 p.m. on Monday, April 28, 2025.
Second by Turnberg. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on March 17, 2025 be approved as read.
Second by Turnberg. All the Commissioners voted aye and the motion was declared carried.

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

1. Receive and file an Ordinance Amending Article 13-03 of Chapter 13 of the Fargo Municipal Code Relating to the Control and Regulation of Food Service Establishments and an Ordinance Amending Section 1-0305(A)(1) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
2. 1st reading of 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.
3. 1st reading of 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.
4. Interest Buydown Agreement – PACE Program with the Bank of North Dakota received by Gateway Arches Real Estate Holdings LLC.
5. Site Authorizations for Games of Chance:
a. Fargo Youth Hockey Association at Buffalo Wild Wings - 19th Avenue North.
b. Fargo Youth Hockey Association at Buffalo Wild Wings – 42nd Street South.
c. Fargo Youth Hockey Association at Fargo Youth Hockey Association.
d. North Dakota Association for the Disabled, Inc. at Bulldog Tap.
e. North Dakota Association for the Disabled, Inc. at Cowboy Jack’s.
f. Plains Art Museum at Big Top Bingo.
g. Plains Art Museum at Blue Wolf Casino.
h. Plains Art Museum at Wild Bill’s Sports Saloon.
i. WF Events Inc. d/b/a West Fargo Events at Fargo Billiards & Gastropub.

6. Applications for Games of Chance:
a. Anne Carlson for a raffle and raffle board on 4/26/25.
b. Carson Glore Foundation for a raffle and raffle board on 6/2/25.
c. Centennial Elementary for a raffle on 4/4/25.
d. Delta Delta Delta for a raffle on 4/7/25.
e. Fargo Lions for sports pool from 12/29/25.
f. St. John Paul II Catholic Schools for a raffle on 4/26/25.
g. STEM Alliance of Fargo Moorhead for a raffle on 5/1/25.
h. YWCA Cass Clay for a raffle and raffle board on 4/28/25.

7. Renewal of the Alcoholic Beverage and Live Entertainment Licenses until 3/31/26, contingent upon all essential requirements for renewal are met by 3/31/25.
8. Contract and bond for Project No. PR-25-B1.
9. Contract and bond for Project No. SR-25-A1.
10. Contract and bond for Project No. TN-24-A1.
11. Variance Acknowledgement and Liability Waiver with Century Holdings LLC for property located at 3459 39th Street South.
12. Amendment No. 2 with Houston Engineering in the amount of $35,000.00 for Project No. MS-24-A0.
13. U.S. Department of Transportation Grant Agreement Under the Fiscal Year 2022 RAISE Grant Program.
14. Memorandum of Understanding with the City of West Fargo for Project Nos. TR-25-C1 and TR-25-D1.
15. Bid award to Opp Construction LLC in the amount of $1,038,742.90 for Project
No. PR-25-A1.
16. Bid award to Border States Paving, Inc. in the amount of $1,851,825.70 for Improvement District No. PR-25-E1.
17. Create Improvement District No. BR-25-B and adopt Resolution of Necessity (Paving and Utility Rehab/Reconstruction).
18. Create Improvement District No. PN-25-A and adopt Resolution of Necessity (Asphalt Wear Course).
19. Create Improvement District No. PR-25-F and adopt Resolution of Necessity (Concrete Paving Rehab/Reconstruction).
20. Items from the FAHR Meeting:
a. Receive and file Sales Tax Revenue Update.
b. Receive and file General Fund - Budget to Actual through 2/28/25.
c. Purchase of four Trikke Positron 72v-XLs units from Trikke Professional Mobility using seized asset forfeiture funds in the amount $51,000.00 and related budget adjustment (RFQ25128).

21. Notice of Grant Award from the ND Department of Health and Human Services for increasing TB infection identification and treatment (CFDA #93.116).
22. Memorandum of Understanding between Local Public Health Units in the Southeast North Dakota Public Health Collaborative.
23. Appointment of Dr. Jessie Lindemann as Health Officer for Fargo Cass Public Health (RFP25078).
24. Direct the City Attorney’s office to work with the Public Works and Water Filtration Departments to review and update Article 16-02 - Control and Regulation of Water Meters.
25. Authorization Application for Vector Disease Control International, LLC for aerial spraying.
26. Bid awards to Master Construction; Earthwork Services, Inc.; Lenzmeier Trucking Inc.; and Diesel Dogs Contracting, LLC for 2025/2026 Snow Hauling Trucking Services and subsequent Services Agreements (RFP25059).
27. Bid award to Poynette Iron Works in the amount of $283,765.00 for front load containers (RFP25105).
28. Resolution Authorizing the Issuance and Sale of $30,595,000.00 City of Fargo Sales Tax and Water Revenue Bond, Series 2025 (Attachment “A”) and $4,100,000.00 City of Fargo Taxable Sales Tax and Water Revenue Bond, Series 2025C (Attachment “B”).
29. Bid advertisement for Project No. WA2502 (Water Tower Demolition).
30. Bid advertisement for Project No. WA2501 (Water Tower No. 6 Reconditioning).
31. Bid advertisement for Project No. WA243A (Lead Service Line Replacement Phase 1).
32. Bills in the amount of $11,995,783.25.
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.

Appointments to the Board of Health:
The Board received a communication from Mayor Mahoney stating the terms of Evelyn Telford, Kayla Nelson and Nyamal Dei expired on December 31, 2024 and they are no longer wishing to continue their service on the Board. The Mayor is recommending Dr. Andrew McLean, Meg Forde and Valentina Bamfowaa Asiedu be appointed to the Board of Health.
Commissioner Strand moved Dr. Andrew McLean, Meg Forde and Valentina Bamfowaa Asiedu be appointed to the Board of Health for three-year terms ending December 31, 2027.
Second by Kolpack. On call of the roll Commissioners Strand, Kolpack, Piepkorn, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Hearing to Consider a Renewal Plan and Developer Agreement with Skyline, LLC for Tax Increment Financing Dist. No. 2018-03 (1100 Block of 18th Street North):
This item was continued to 5:15 p.m. on Monday, April 14, 2025.

Application Filed by Sol Ave Kitchen, Inc. d/b/a Nova Eatery and Supper Club for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Sol Ave Kitchen d/b/a Nova Eatery and Supper Club for a Class "F" Alcoholic Beverage License at 402 Broadway North, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said following the closure of BernBaum’s, a new restaurant operator, who has several other restaurants in the metro area, saw the opportunity at this location and has applied for a Class “F” alcoholic beverage license. He said the Class “F” license mandates that food sales surpass alcohol sales, does not allow a traditional bar and all drinks must be prepared in a dedicated area, away from the dining space.
Commissioner Piepkorn moved the application 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.

Application Filed by TC Lodging LLC d/b/a Springhill Suites for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by TC Lodging LLC d/b/a Springhill Suites for a Class "ABH-Limited" Alcoholic Beverage License at 3401 Jacks Way South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said this application pertains to a new hotel located near Suite Shots and King Pins. This license permits the hotel to offer manager's specials, which may include complimentary drinks with hors d'oeuvres, he stated, and also allows for off-sale alcohol to hotel guests through a sundries shop.
Commissioner Piepkorn moved the application 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.

Application Filed by STL of North Dakota d/b/a Target Wine & Spirits for an Alcoholic Beverage License:
This item was continued to 5:15 p.m. on Monday, April 28, 2025.

Recommendation to Make City-Owned Land Possible Sites for a Convention Center Location Died for Lack of a Second:
Commissioner Strand said he would like to make the Downtown Mid America Steel, Civic Auditorium, former Police station and Public Health building sites possible locations for the Convention Center in the Request for Proposal (RFP) process. He said the land could be made available for such proposals under suitable terms, including compensation to be determined by the City Commission. He said he wants to make sure the Commission considers all options and to make these sites available to developers who might not already have land or hotel access. He said this would give some developers a chance to propose a Downtown convention center and create a vibrant destination. He said he does not know if anyone will be interested in making Downtown home to Fargo’s Convention Center; however, he wants to make the opportunity available.
Director of Strategic Planning and Research Jim Gilmour said the Mid America site is a large parcel; however, the development potential is constrained. Accessibility is limited due to the proximity of railway tracks and Main Avenue, he said, and a significant portion of the eastern area is within the floodplain. He said approximately four acres may be developable, subject to existing building restrictions and site preparation would necessitate the removal of residual foundations and the implementation of flood mitigation measures. The Civic Center site encompasses approximately 85,000 square feet, he stated, extending to the Ten Commandments monument. He said the other site includes the current Engagement Center and the vacant Public Health building.
Commissioner Kolpack said she is not opposed to the concept of assisting potential developers; however, she does have questions regarding the necessity. She said all developer proposals will be presented to the Convention Center Committee for final approval, including the terms and conditions associated with any property acquisition. She needs more clarification to ensure there are no unintended consequences resulting from this preliminary approval request, she said.
Mayor Mahoney said Commissioners Kolpack and Piepkorn took a tour of the Rochester and St. Cloud Convention Centers and urges them to both think about what Fargo needs as far as space.
Charley Johnson, President and Chief Executive Officer of Visit Fargo-Moorhead, said he wants to clarify he does not have any objection to this concept and actually thinks the sites are essentially already available for discussion with potential developers. He said his only concern would be ensuring there is clear communication that this process remains open and competitive as he anticipates there will be multiple proposals. He said all proposal submissions will be welcomed and considered and it is crucial all stakeholders understand this action does not predetermine the outcome. The RFP has not yet been issued, he stated, and is still in the process of being finalized.
Commissioner Piepkorn said he was grateful for the opportunity to participate in an insightful tour of the Convention Centers. He said he would like to bring attention to the importance of maintaining transparency of this process. The site visits highlighted the critical need for ample space and expansion potential, as future additions are likely and these landlocked sites would effectively eliminate them from consideration. He said developing the Mid America site prior to the completion of the Diversion project, scheduled for 2030, would be premature. He said that property's value will significantly appreciate post-Diversion and he would advise against its immediate consideration.
Commissioner Kolpack said the tours were well-organized and a valuable use of time. She said the key takeaway was that each one was unique and tailored to its specific community; therefore, Fargo needs to clearly define its goals, budget and long-term sustainability for its own facility. The group of people who attended the tours gained valuable insights and best practices from both sites that were visited, she stated, and the hosts were very open and informative.
Assistant City Engineer Nathan Boerboom said the Engineering and Planning Departments are working to engage a consultant to assess the Mid America site, which will identify necessary clean-up procedures, associated costs, flood protection requirements and potential grant opportunities. He said it is anticipated the timeline on getting that assessment presented to the Commission is about a year.
In response to a question from Mayor Mahoney asking about the flood requirements, Mr. Boerboom said flood mitigation is necessary to ensure the Mid America site, if redeveloped, can withstand a 500-year flood event, in addition to the 100-year flood protection already in place.
In response to a question by Mayor Mahoney regarding obstacles in the process, Mr. Gilmour said a significant obstacle to development in this small triangle is the existing river setback ordinance. He said that another thing to consider is the current market conditions, with an abundance of available downtown properties, have diminished interest in new construction projects like housing, hotels or offices.
Commissioner Strand moved the City-owned land located at the Mid America and the Civic Auditorium sites, to include the former Police station and Public Health building, be made available for the RFP process being developed by the Convention Center Project Committee, with said land to be made available for such proposals under suitable terms, including compensation for such lands, to be determined by the Board of City Commissioners.
The motion died for lack of a second.

Legislative Update:
City Administrator Michael Redlinger said there are ongoing discussions within the Legislature regarding property tax relief and reform. He said the Senate's version of the property tax relief and reform bill differs from the House version, requiring a potential Conference Committee. The Senate version will have to go back to the House, he said, and then a Conference Committee will be formed. He said there was positive news regarding the paratransit bill, which allocates $2 million statewide for communities providing paratransit services. The funds will be distributed based on a formula developed by the communities involved, he stated, and this is the first time the State has provided funding at this level for paratransit services. House Bill 1297 deals with the Approval Voting ban, he said, and the Senate is expected to take final action on that bill soon.
Commissioner Strand asked about possible impacts of Federal funding reductions on communities, particularly in the areas of Health and Human Services and education, Mr. Redlinger said at the League of Cities level they are still learning about the specific effects of the reductions, especially on grants allocated through the North Dakota Department of Health. He said those grants are allocated by the State in block grants to local communities such as Fargo Cass Public Health. He said he is still learning more and does not have a definitive answer. As far as education, he said, the City is not as connected to that and what those cuts might look like. He said his primary focus is Approval Voting, property tax relief and economic development and transit matters. He said the State is concerned about the Federal funding pullback; however, the full effects are not yet understood. It is expected more information will be available within the next 30 to 60 days, he said.

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

Resident Comments:
None.

The meeting adjourned at 5:45 o’clock p.m.