Fargo City Commission - May 12, 2025

Regular Meeting: Monday: May 12, 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 4:15 o'clock p.m., Monday, May 12, 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 City Commission will retire into Executive Session in the Red River Room for the purpose of attorney consultation regarding litigation pertaining to 501 Main Avenue and to discuss negotiating strategy or provide negotiation instructions to its attorney, and to receive its attorney’s advice and guidance on the legal risks, strengths and weaknesses of an action of a public entity. To discuss this matter in public in an open meeting would have an adverse fiscal effect on the City. Thus, an Executive Session is authorized pursuant to North Dakota Century Code 44-04-19.1 subsections 2, 5 and 9.
Commissioner Strand moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC Subsections 44-04-19.1(2, 5 and 9) to discuss said matter.
Second by Turnberg. All the Commissioners present voted aye and the motion was declared carried.

At 4:20 o’clock p.m. the Board moved to the Red River Room to discuss the said matter in Executive Session.
Members present were: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.

The Executive Session closed at 4:53 p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present.
Mayor Mahoney presiding.

A video was shown in honor of Steve Dirksen, the current Fire Chief who will retire on May 16, 2025 after 13 years of service.

Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved, withdrawing Item No. “31” from the Consent Agenda.
Second by Piepkorn. 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 April 28, 2025 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. Receive and file the following Ordinances:
a. Amending Section 8-1425 of Article 8-14 of Chapter 8 of the Fargo Municipal Code Relating to Traffic Code.
b. Amending Section 1-0305 (C)(2) & (5) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.

2. Receive and File an Ordinance Amending Section 12-0105(E), of Article 12-01, of Chapter 12, of the Fargo Municipal Code, Relating to Running At Large Prohibited - Habitually At Large; an Ordinance Amending Section 12-0117, of Article 12-01, of Chapter 12, of the Fargo Municipal Code, Relating to Potentially Dangerous and Dangerous Dogs; and an Ordinance Amending Section 1-0305, of Article 1-03, of Chapter 1, of the Fargo Municipal Code, Relating to Classification of Ordinance Violations.
3. Receive and file an Ordinance Amending Section 25-1512, of Article 25-15, of Chapter 25, of the Fargo Municipal Code, Relating to Licenses - Termination, Suspension, Revocation, and Sanctions.
4. 2nd reading, waive reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Selkirk Place Third Addition to the City of Fargo, Cass County, North Dakota.
5. 2nd reading, waive reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Golden Valley Sixth Addition to the City of Fargo, Cass County, North Dakota.
6. Site Authorizations for Games of Chance:
a. Fargo Metro Baseball Association at Applebee’s Grill & Bar - 13th Ave.
b. Fargo Metro Baseball Association at Applebee’s Grill & Bar - 45th St.
c. Fargo Metro Baseball Association at Applebee’s Grill & Bar - North Fargo.
d. Fargo Metro Baseball Association at Empire Tavern.
e. Friends of the Children Fargo-Moorhead at Crooked Pint Ale House.
f. Harwood Area Fire & Rescue at District 64/Las Palmas.
g. Horse Race North Dakota at Chub’s Pub.
h. Horse Race North Dakota at Golf Addiction (change of charity).
i. Horse Race North Dakota at Labby’s Bar and Grill.
j. Horse Race North Dakota at Sidestreet Grille and Pub.
k. Special Olympics North Dakota at Rooters Bar.
l. Team Makers Club, Inc. at Fargo Dome.
m. Team Makers Club, Inc. at Fort Noks.
n. Team Makers Club, Inc. at Frank’s Lounge.
o. Team Makers Club, Inc. at Lucky’s 13 Pub.
p. Team Makers Club, Inc. at Sanford Health Athletic Complex-Scheels Arena (SHAC).

7. Applications for Games of Chance:
a. Benefit for Maria Boyle for bingo on 5/18/25; Public Spirited Resolution.
b. Bethlehem Lutheran Church for a raffle on 5/28/25.
c. Capstone Classical Academy Colloquium for a raffle on 8/20/25; Public Spirited Resolution.
d. El Zagal Provost Guard for a raffle on 9/11/25.
e. Fargo Air Museum for bingo on 5/22/25.
f. Fargo North High School for a raffle from 5/5/25 to 6/7/25.
g. Memory Café of the Red River Valley for a raffle on 6/3/25; Public Spirited Resolution.
h. North Dakota Pottery Club Society for a raffle on 6/14/25.
i. River Keepers for a raffle on 6/9/25.
j. UND Alumni Association & Foundation for a raffle board on 6/25/25.
k. Washington Elementary School PTA for a raffle on 6/3/25.

8. Negative Final Balancing Change Order No. 1 in the amount of -$69,322.50 for Project No. SR-24-A1.

9. Contract and bond for Project No. SR-25-B1.

10. Encroachment Agreement (Parking Stalls) with 810 Development LLP located at 802 1st Avenue North.

11. Change Order No. 4 in the amount of $119,547.40 for Improvement District No. BN-23-F1.

12. Change Order No. 4 in the amount of $7,133.20 for Improvement District No. BR-24-F1.

13. Change Order No. 1 in the amount of $30,721.76 for Improvement District No. UR-24-F1.

14. Contract award for Consulting Services to WSB, LLC in the amount of $750,659.00 for Improvement District No. BR-28-E0.

15. Bid award to KPH, Inc. in the amount of $2,199,412.02 for Improvement District No. BR-25-B3.

16. Bid award to FM Asphalt LLC in the amount of $1,897,626.93 for Improvement District No. PN-25-A1.

17. Bid award to Dakota Underground Co., Inc. in the amount of $2,689,940.54 for Improvement District No. PR-25-F1.

18. Create Improvement District No. BN-25-E and adopt Resolution of Necessity (New Paving and Utility Construction).

19. Contract and bond for Improvement District No. NR-24-C.

20. Items from the FAHR Meeting:
a. Receive and file Sales Tax Revenue Update.
b. Sole Source Procurement with Kilbourne Construction Management to install gateless security equipment at the ROCO Parking Ramp at an estimated cost of $244,002.00 (SSP25163).
c. Allow the existing contract with First Transit/Transdev to expire at the end of 2025 and to authorize staff to pursue the necessary steps to transition Transit staff to City of Fargo employees as outlined.
d. Implementation of a Donations and Contributions Policy.

21. Purchase of Service Agreement with Kindred Public School District.
22. Notice of Grant Award from ND Department of Health and Human Services for the Title X Family Planning program (CFDA #93.217).
23. Consulting Services Agreement - Employee Engagement Services with Cooperative Personnel Services d/b/a CPS HR Consulting.
24. Third Amendment to the Findings of Fact, Conclusions and Order for property located at 1011/1013 University Drive North.
25. Resolution of Annexation of a Part of Sections 10 and 15, Township 140 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota, containing approximately 87.89 acres, more or less: Public Hearing on the Sufficiency of Protests to be held 6/23/25 (Attachment “A”).
26. Resolution approving Plat of Cottonwood Corner Addition (Attachment “B”).
27. Resolution approving Plat of The Pass at Woodhaven Addition (Attachment “C”).
28. Bid award to RADeCo in the amount of $393,500.00 for a quadruped tactical robot (RFP25133).
29. Street Snow Plowing Services Agreement with Master Construction Co., Inc. for the 2025/2026 snow season (RFP23138).
30. Bid award to Steffes Group Inc for Professional Online Auction Services (RFP25125).
31. Elimination of LinkFM service for the events as outlined, effective 5/13/25 (withdrawn).
32. Bills in the amount of $8,121,891.43.
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.

Presentation of the Draft Non-Exclusive Right of Way Occupancy Agreement with Ubiquity North Dakota, LLC:
Division Engineer Kevin Gorder said Engineering has received a proposal from Ubiquity Fiber, based in Kansas City, Missouri to construct a comprehensive fiber-to-home network throughout Fargo. He said the presentation serves to inform and no immediate action is required. There are proposals from two companies, Gateway Fiber and Ubiquity, to install comprehensive fiber networks throughout Fargo using the City right-of-way. He said Gateway Fiber offers traditional internet services, while Ubiquity proposes an open-access model. He said he wants to provide a clear understanding of these proposals, answer any questions and gather input over the next couple of weeks. This initiative is part of a broader national trend in fiber infrastructure development, he stated and due to federal regulations, the City has limited ability to deny these deployments. He said while traditional Franchise Agreements and the current right-of-way fee structure are not applicable, the City can recover costs associated with managing the utility work. He said residents can expect temporary disruptions such as sidewalk and street closures, as well as potential impacts on lawns and parking. He said the installation will involve both digging and boring, and in many areas, work will extend beyond the sidewalk into public utility easements on private property. In older areas without these easements, he stated, work will primarily be in the street right-of-way. He said Engineering is committed to ensuring all disturbed areas are restored according to the City's excavation code.
In response to a question by Commissioner Piepkorn regarding compensation to the City as well as making sure the City is fully staffed as to not hold them up, Mr. Gorder said Engineering estimates an annual cost of $350,000.00 to manage utility conflicts from these fiber projects. He said Gateway Fiber is proposing a prorated fee that increases with their network size. Ubiquity's draft agreement includes an initial $350,000.00 payment plus a potential 5% of gross revenue above that, he said and an inflation escalator. He said significant Engineering concerns exist regarding the increased workload for locating and protecting existing City infrastructure. This includes processing permits, determining optimal routes in congested areas, overseeing installations and ensuring complete restoration, he said. Engineering’s current locating team is already busy, he said and he anticipates needing four to six additional staff members to handle this increased demand. Both companies have agreed to reimburse the City for these additional costs, he stated and this is similar to West Fargo's approach of hourly reimbursement for their related work.
Sonny Nunez, Ubiquity’s Vice President of External Affairs, said Ubiquity operates as an open-access fiber provider. He said Ubiquity constructs infrastructure that enables multiple internet service providers to join, which fosters competition and benefits consumers through a shared network. He said Ubiquity’s research highlighted Fargo as an ideal location where a fiber network would significantly boost economic development and this pattern has been observed in their other markets. This infrastructure is also foundational for developing a smart city, he stated, by providing the necessary robust connectivity. He said their open-access approach aims to close the digital divide, promote digital equity and enhances connectivity, which improves quality of life and access to essential services. Ubiquity has a substantial long-term investment in fiber infrastructure nationwide, he stated and establishes clear lines of communication including social media and in-person engagement via door knocking and informational tags to keep residents informed about upcoming work. He said Ubiquity is committed to addressing any concerns during the buildout and will work in coordination with the City.
In response to a question from Commissioner Piepkorn regarding use of City Engineering Department staff to accelerate the process in other cities and if it was agreeable, Mr. Nunez said Ubiquity considers this a high-volume deployment which can strain the City's standard resources funded by permits. He said in order to address this, Ubiquity will offer reimbursement for any additional fees associated with expediting or resolving permitting issues, which is a common practice for in-current and prospective markets.

Presentation of the Draft Non-Inclusive Right of Way Occupancy Agreement with Gateway Infrastructure, LLC:
John Meyer, Chief Customer Officer at Gateway Fiber, said Gateway Fiber was established six years ago and has a growing presence in the Minneapolis area. He said the company understands the disruptive nature of fiber deployment and prioritizes clear communication and a positive customer experience. As the owner and operator of its network, he stated, the company offers direct accountability for service and billing and is supported by local customer service and efficient issue resolution processes. He said Gateway Fiber also covers all restoration costs and differentiates themselves from incumbents by providing a fairer internet experience, which includes transparent, all-inclusive pricing and no contracts. He said Gateway Fiber offers a friendlier approach with local support and high customer satisfaction ratings.
Derek Leffert, Head of Government Affairs at Gateway Fiber, said the company prioritizes strong community partnerships which is achieved through consistent communication and local engagement. Gateway Fiber recognizes the disruptive nature of fiber installation, he said is a pioneer industry-leading detailed damage prevention process, which involves third-party auditors who verify locates and monitor construction and that minimizes utility strikes and ensures safety. He said the company aims for a collaborative relationship with the City and understands resource limitations and adapts the approach accordingly. He said Gateway Fiber is committed to matching the $350,000.00 figure without a phase-in.
Division Engineer Kevin Gorder said Engineering utilizes a Geographic Information Systems (GIS) site for sharing punch list items with contractors. He said he proposes leveraging this system to track and resolve field issues and Engineering should establish a central inbox or voicemail to ensure timely responses to inquiries.
In response to a question by Commissioner Strand asking why these projects are coming forward and if this is something the City can open up to the public, Mr. Gorder said this is part of a nationwide broadband deployment effort aimed at delivering high-speed internet, enabling remote work and rapid data downloads. The Federal Communication Commission (FCC) has made this a priority, he said, which influences what municipalities can and cannot do. Ultimately, the market is responding, he stated, and Fargo's size makes it an attractive location for these companies and the City should anticipate further expansion.
In response to a question by Commissioner Strand asking how this will affect the community and if this is something the City is asking for, City Engineer Tom Knakmuhs said the City did not initiate these fiber build-outs, these companies approached the City directly with proposals. He said the City’s involvement is subject to certain limitations and these agreements were finalized quickly in the past month.
In response to a question by Commissioner Kolpack asking when the communication with these companies began, Mr. Gorder said in June 2024.
In response to a question from Commissioner Turnberg asking what the cost to the residents would be, Mr. Gorder said there will only be a charge to the resident if they choose to use the company as a provider.
In response to a question from Commissioner Turnberg asking if it will include wireless and cable options, Mr. Meyer said Gateway Fiber operates on a
fiber-to-the-premise model, which means Gateway Fiber runs a dedicated fiber optic line directly to each building, whether it is a home, business or school.
In response to a question from Commissioner Turnberg asking if there will be a need to increase cell tower infrastructure to support wireless customers, Mr. Gorder said that is a separate aspect related to a different type of competitor.

Kevin Bartram Reappointed to the Board of Appeals:
The Board received a communication from Mayor Mahoney recommending that Kevin Bartram be reappointed to the Board of Appeals.
Commissioner Piepkorn moved Kevin Bartram be reappointed to the Board of Appeals for a five-year term ending June 30, 2030.
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.

Construction Update:
City Engineer Tom Knakmuhs said there was one safety incident on the 45th Street project where a crew member injured their hand. He said that person received medical care and is back to work. He said the Fargostreets.com website has new features with interactive maps allowing residents to see all active projects with detailed information and updates. The ongoing project on 45th Street between I-94 and 32nd Avenue South is under Phase One, impacting northbound traffic with a single lane. Phase Two and Phase Three will follow later this year, he said. A proactive sanitary sewer lining project has started, he stated, which includes lining both the main lines and the service connections. He said by leveraging data on areas with frequent sewer replacements, the aim is to reduce costs and inconvenience for residents and the City. Work is currently underway on the main lines, he said, with lateral service lining to follow. The shared use path network progress continues along River Drive, he stated, just east of University Drive near 40th Avenue South. There are several Citywide projects in progress, he said, including crack filling, mill and overlay, sidewalk replacement and storm sewer repairs. In new development projects, he said, north of Amazon at the Dakota Commerce Center North addition, underground utilities are complete, the sanitary sewer lift station is nearing completion and roadway paving is underway. At the Interstate Business District, he said, underground utilities and roadway preparation are ongoing on 44th Street just west of the interstate and north of 40th Avenue North. Ongoing flood risk management projects include Storm Sewer Lift Station No. 27 on 32nd Avenue South, east of University Drive has the concrete floor poured, he said and there is extensive shoring and reinforcement for the large 78-inch and 60-inch pipes. At the Southwest Metro pond site, he said, topsoil stripping is in progress preceding a significant excavation of 1.5 million cubic yards. He said interior work is nearing completion at Lift Station No. 11 and 57 near Trollwood. Looking ahead to upcoming projects, he said, Citywide concrete spot repair includes 16 sites, notably Area 8 at the intersection of Broadway and Second Avenue North, where deteriorated brick pavers in the pedestrian walkway pose a tripping hazard and that area will be closed for nine days starting May 19th. He said pedestrian access will be maintained with detours and temporary ramps. There are four core neighborhood reconstruction projects slated to begin soon, he said, along with other Citywide and new development projects that are in the pipeline.

Presentation of the 2024 Fire Department Annual Report:
Fire Chief Steve Dirksen said the 2024 Fire Department Annual Report highlights the successes of the Department as well as the areas where the Department aims to improve. He said the commitment to improvement is evident in the accreditation process and the Fargo Fire Department is only one of 124 Departments nationwide holding accreditation and an ISO Class 1 rating. The Department underwent the fourth site visit with the Commission on Fire Accreditation International recently, he stated, and in this thorough review, some areas were identified for enhancement and a detailed report will be presented once the findings are finalized. He said some minor adjustments will further improve service and the safety of personnel, ultimately benefiting the community. While the team did offer recommendations, he stated, the positive news is the Department had already begun addressing some of the items and this proactive approach demonstrates the ongoing commitment to becoming an even better Department. He said Fargo remains an ISO Class 1 community, a significant improvement from the ISO Class 3 rating in 2011. The strategic plan approved by the City Commission, he said, outlines the following key goals: Safeguard the community through proactive prevention, preparedness and a public education program; ensure systems and processes are in place to minimize the impact of life and property loss from medical emergencies, fires, disasters and other incidents; recruit, develop and retain the highest quality team members; and implement a comprehensive training program for continuous education, career preparation and opportunities for all personnel. He said during his tenure, he has made job offers and hired 117 individuals, significantly transforming the Department. He said only five current supervisors were promoted before his arrival, highlighting the growth and development within the ranks. The Department will dynamically and continually adjust to meet the evolving fire problem through new technologies, laws, regulations and community changes, he said, and personnel are the greatest asset. He said there was a decline in total incidents over the past two years and after a high of 14,546 in 2022, the numbers for 2024 were 14,222. This reduction is a positive trend for residents, he said, meaning fewer instances requiring response at their homes, businesses or on the street. Regarding fire injuries and fatalities, he said, there was one fatality, two civilian injuries and five firefighter service injuries reported last year. Total dollar loss due to fires did increase this year, he said slightly more than doubling from the previous year. While 2023 was exceptionally good in terms of limiting property loss, he stated, this past year saw a rise to approximately $4 million; however, Fargo remains below the national average for a community of Fargo’s size and population. He said the Department completed 8,918 inspections in 2024 and within are a crucial way to maintain community safety by identifying and addressing potential risks in businesses. He said the Department had about 2,500 adult education contacts, which occur at events such as street parties and children's programs. Fire alarms alerted occupants in 76 percent of the incidents where there was an active fire, he stated, which indicates the community is recognizing and utilizing important safety measures such as smoke detectors. He said the number of fire incidents in the City decreased last year and of the 239 total fires in 2024, 139 were unintentional, the cause of 41 could not be determined, 37 were due to equipment or heat source failure and 22 were intentionally set. The opening of Fire Station No. 8 last year immediately began making a positive impact in southeast Fargo, he said, and the station was completed under budget. He said the City is also investing in Fire Station No. 5, which required significant reconstruction due to safety concerns. Through a valuable partnership with the West Fargo Fire Department, he said, the crew from Fire Station No. 5 is temporarily housed at a different station. He said response times is an area where he strives for improvement, with the goal to respond to medical incidents within 4 minutes and the average is 8 minutes and 50 seconds. This total response time includes call-taking time at the Dispatch Center, dispatch time, turnout time at the station and travel time, he said. While travel time cannot be controlled, the Department is actively working to improve call handling time and he is optimistic the new Dispatch Center will facilitate process changes and allow the Department to reduce this component, leading to faster response times. He said the Department is performing better against the goal of 6 minutes and 20 seconds for fire calls. The dispatch process is typically quicker for fire incidents and the Effective Response Force (ERF) goal, which measures the time until personnel are on scene for a fire, is 13 minutes and the Department continues to analyze and work to improve this, recognizing the influence of distance and unit availability. The specialty team provides crucial services and responded to 151 HAZMAT calls last year, he said. Many of those involved natural gas leaks, which are more frequent during construction seasons, he said. There were also 85 technical rescues, including vehicle incidents into buildings, which seemed higher last year, water rescues, structural issues and vehicle extrications, he said. Last year, Fargo partnered with Moorhead and West Fargo Fire Departments to provide joint water rescue training, he stated, ensuring consistent practices and strengthening of regional relationships. In recruitment, he said, 13 new firefighters and two paramedics were hired last year. A graduation ceremony will be held later this week for nine new metro-area firefighters, he said, and interviews have already begun for the next academy in August. He said it has been an honor to serve as the tenth Fire Chief for the City of Fargo, he thanked the Mayor and Commissioners for their support and said he is grateful for the opportunity to have served.
In response to a question from Commissioner Kolpack asking what is the biggest concern a successor will inherit, Chief Dirksen said the ever-changing technological evolution that has occurred since he entered the fire service in 1989. He said the vehicles, the chemicals and the health challenges have evolved. He said he also realized early on the importance of considering long-term impacts. It requires a visionary and contemplative approach in addition to aligning departmental goals with the City's direction and ensuring the Department has the necessary resources and personnel. He said his concern is that his successor maintains that long-term perspective and adaptability.

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 6:28 o’ clock p.m.