Fargo City Commission - June 23, 2025

Regular Meeting: Monday: June 23, 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, June 23, 2025.
The Commissioners present or absent were as shown following:
Present: Kolpack, Turnberg, Piepkorn, Strand, Mahoney.
Mayor Mahoney presiding.

Mayor Mahoney announced that the Board of City Commissioners will retire into Executive Session in the Red River Room for purposes of attorney consultation regarding reasonably predictable and/or threatened litigation by Southern Valley Fire & Rescue Rural Fire Protection District and to discuss negotiating strategy or providing negotiating instructions to its attorney or other negotiator regarding the reasonably predictable or threatened litigation and to receive its attorney’s advice and guidance on the legal risks, strengths and weaknesses of an action of a public entity, which, to discuss these matters in an open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City. Thus, an Executive Session for this matter is authorized pursuant to North Dakota Century Code 44-04-19.1 subsections 2, 5 and 9.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC, 44-04-19.1 subsection 2,5 and 9 to discuss said matter.
Second by Turnberg. All the Commissioners voted aye and the motion was declared carried.

At 4:02 o’clock p.m. the Board moved to the Red River Room to discuss the matter in Executive Session.
Members present were: Kolpack, Turnberg, Piepkorn, Strand, Mahoney.

The Executive Session closed at 4:25 p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
Members present were: Kolpack, Turnberg, Piepkorn, Strand, Mahoney.
Mayor Mahoney presiding.

A video was shown featuring the Library and Dani Leapaldt, a Librarian at the Northport Library, received the “Rising Star” award.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, continuing Item No. 43 on the Regular Agenda to 5:05 p.m. on Monday, July 7, 2025.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Turnberg moved that the Minutes of the Regular Meeting of the Board held on June 9, 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. Letter of Support for Southpointe Service Center and J & I Enterprises to the ND Opportunity Fund Consortium.

2. Evaluation of the amenities along Broadway from Main Avenue to 6th Avenue.

3. Repeal the appropriate Ordinances and/or Resolutions to conclude the Parking Commission, Community Development Committee and the City Hall/Auditorium Commission.

4. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 25-1506, of Article 25-15, of Chapter 25, of the Fargo Municipal Code Relating to Licenses – Classifications.

5. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 18-0310 of Article 18-03 of Chapter 18 of the Fargo Municipal Code Relating to Public Ways and Places.

6. 2nd reading, waive reading and final adoption of the following Ordinances:
a. Repealing and Re-Enacting Article 21-01 of Chapter 21 of the Fargo Municipal Code Relating to the International Building Code.
b. Repealing and Re-Enacting Article 21.1-01 of Chapter 21.2 of the Fargo Municipal Code Relating to the International Existing Building Code.
c. Repealing and Re-Enacting Chapter 21.3 of the Fargo Municipal Code Relating to the International Energy Conservation Code.
d. Repealing and Re-Enacting Sections 9-0701 and 9-0704 of Article 9-07 of Chapter 9 of the Fargo Municipal Code Relating to Fire Protection and Prevention.
e. Repealing and Re-Enacting Article 30.1-01 of Chapter 30.1 of the Fargo Municipal Code Relating to the International Fuel Gas Code.

f. Amending Section 30-0106 of Article 30-01 of Chapter 30 of the Fargo Municipal Code Relating to the International Mechanical Code.

g. Repealing and Re-Enacting Article 31-01 of Chapter 31 of the Fargo Municipal Code Relating to the International Property Maintenance Code.

h. Repealing and Re-Enacting Article 21.1-01 of Chapter 21.1 of the Fargo Municipal Code Relating to the International Residential Code.

7. Renewal of the Alcoholic Beverage and Live Entertainment Licenses until 6/30/26, contingent upon all essential requirements for renewal are met by 6/30/25.

8. Site Authorizations for Games of Chance:
a. Fargo Park District Foundation at Suite Shots.
b. Fargo Youth Hockey Association at Brewhalla.
c. Metro Sports Foundation at Twin Peaks.
d. VFW Post 762 at VFW Club.

9. Applications for Games of Chance:
a. CCRI, Inc. for bingo and a raffle on 10/9/25.
b. Fargo Gateway Lions for a raffle on 7/15/25.
c. First Responders Appreciation Night, Inc. for a raffle on 9/18/25.
d. Haiti Eye Mission for a raffle on 10/3/25.
e. Steve Weidner FM Junior Tour for a calendar raffle from 7/1/25-6/30/26.
f. Veterans Honor Flight of ND/MN for a raffle 7/1/25-6/30/26.
g. YMCA of the Northern Sky for a raffle from 8/8/25-9/6/25.

10. Access Agreement with Riverside Cemetery Association.

11. Acceptance of the Urban Grant Program Funds from the NDDOT.

12. Developer Agreement with Prairie Grove, Inc. for Champions Gate Addition.

13. Storm Sewer Easement Payment Form and Permanent Easement (Storm Sewer) from Alexander T. Dostert, Morgan Dostert and Carolyn Marcks.

14. Ground Mural Artwork Project Right of Way Use Agreement with Folkways Community and Ground Mural Artwork Project Artwork License Agreement with Folkways Community and Lesleyanne Buegel.

15. Permanent Easement (Storm Sewer) with NDSU Research & Technology Park, Inc. (Project No. SR-25-B1).

16. Negative Final Balancing Change Order No. 1 in the amount of -$262,173.64 for Project No. NR-26-B0.

17. Final Balancing Change Order No. 1 in the amount of $4,694.00 for Project No. ER-25-A1.

18. Change Order No. 1 in the amount of $262,173.64 for Project No. NR-25-D0.

19. Memorandum of Understanding - Storm Water Pond and Park Facilities, Permanent Easements (Storm Sewer) and (Retention Pond) with the Park District of the City of Fargo.

20. Contract and bond for Project No. UR-24-C1.

21. Contract and bond for Project No. UR-24-I1.

22. Contract and bond for Project No. UR-25-D1.

23. Negative Final Balancing Change Order No. 4 in the amount of -$55,963.37 for Improvement District No. BR-24-A1.

24. Change Order No. 1 in the amount of $1,650.00 for Improvement District No. BN-24-B1.

25. Change Order No. 2 in the amount of $107,837.00 and a two-week time extension to the Substantial and Final Completion Dates to 9/29/25 and 10/29/25 for Improvement District No. BN-24-B1.

26. Negative Final Balancing Change Order No. 1 in the amount of -$53,617.01 for Improvement District No. PR-24-H1.

27. Bid award to Dakota Underground Company, Inc. in the amount of $6,399,043.71 for Improvement District No. BN-25-E1.

28. Items from the FAHR Meeting:
a. Receive and file General Fund - Budget to Actual through 5/31/25.
b. Amendment to the Prairie Public Office Space Lease Agreement.
c. Capital Asset Policy.
d. Proposed rate changes for the EV charging station at City Hall.
e. Request for the hiring of two additional RNs for the FCPH school nursing staff.
f. Proposed Scope of Services with SRF Consulting for the former Mid America Steel site.
g. Budget adjustment request for the transfer of funds from the Red River Valley SWAT revenue account to the General Supplies and Training expense accounts.
h. Budget adjustment request for the Red River Valley Unmanned Aircraft Systems Unit to update current equipment.

29. Purchase of Service Agreement with Central Cass Public School District.

30. Set July 21, 2025 at 5:05 p.m. as the date and time for a Public Hearing on a dangerous building located at 2826 12th Street South.

31. Resolution approving Plat of Urban Plains Medical Park Second Addition (Attachment “A”).
32. Services Agreement - Sidewalk Snow and Ice Removal Services for Code Enforcement with Turf Tamers LLC and Valley Green & Associates for the 2025/2026 snow season (RFP22129).

33. Services Agreement - Sidewalk Snow and Ice Removal Services for City Owned Properties with Valley Green & Associates for the 2025/2026 snow season (RFP22139).

34. Public Transportation Agency Safety Plan.

35. Contract and bond for Project No. WA2502.

36. Lead Service Line Replacement Agreement and Right of Entry Form and delegation of signing authority.

37. Bills in the amount of $15,186,196.84.

Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

2025 Legislative Session Report:
Terry Effertz, Special Assistant City Attorney for Government Relations, said each session has its own character and the dominant theme of the 2025 session was tax reform. She said 1,089 bills were introduced, with an additional 700 drafted but not introduced and that high volume strained legislative council resources. The City of Fargo, through staff, Commissioners and Mr. Redlinger monitored, supported or opposed approximately 80 bills, she said, and Fargo's advocacy focused on infrastructure funding, protecting local control, strengthening public safety and shaping policy on transportation, taxation and governance. She said she anticipates a shift to annual legislative sessions in the near future, noting that support for this change is growing each session. Legislative management will assign legislators to interim committees on June 26th, she said, and these committees will study 47 interim studies, 20 mandatory and 27 chosen. The City is committed to having a seat at the table for relevant interim studies, she said, particularly one related to transit, to provide input and help shape future policy. Fargo led a phenomenal effort to organize major cities facing transit budget shortfalls, she said, and while a study was put in place, it will be imperative for Fargo to participate in shaping outcomes due to uncertainties in Federal funding and Fargo's changed urban designation. The City successfully added West Fargo Mayor Bernie Dardis to the Garrison Diversion and LAWA board, she said, which was considered a significant win. A major challenge was the legislation impacting Fargo's chosen voting method, which the City must now pivot away from, she stated. Despite lobbying efforts, the outcome was unchangeable, she said, partly due to local legislators voting against Fargo's method. There were successful advocacy efforts in public safety, she said, with Chief David Zibolski making several impactful appearances and testimonies. House Bill 1176 was the session's main topic and the bill initially proposed 3% property tax caps, she said; however, despite numerous iterations and proposals throughout the session, it largely reverted to its original form by the end. Legislators and the Governor's staff have emphasized the need for cities to closely monitor the impact of the 3% caps at departmental levels and to contribute ideas for improvement, as tax reform will be a recurring discussion in future sessions, she said and Commissioners and department heads are encouraged to document and share any ideas. She said the City should hold more local Legislator meetings, perhaps quarterly and to potentially expand to include legislators from the greater Cass County area as Fargo's current model is already seen as an example by other North Dakota cities. She asked that the City adopt a formal bill positioning process, ideally using a City Commission vote or a dedicated subcommittee, to determine and uphold an official support or opposition stance. This would prevent individual Commissioners from undermining majority-supported positions, which reportedly occurred with a bill regarding the Deflection and Diversion Center. For future legislation, she also suggested developing bill ideas earlier and to proactively identify prime sponsors from the majority party to increase traction.
In response to a question from Commissioner Strand asking why there is such significant statewide interest in Fargo's call for primary elections compared to other cities, Ms. Effertz said there may be a fear that if Fargo adopts a method, other cities might follow, and with Fargo's diverse City Commission, this diversity might be perceived as a reason for increased scrutiny.
Mayor Mahoney expressed concern that the 3% cap will handicap the City's ability to provide services and emphasized the need for active involvement in any committees discussing this and the desire to engage earlier than the next session.
In response to a question from Commissioner Strand asking about the impact of term limits on legislative faces, Ms. Effertz explained that rapid turnover is expected, leading to a significant loss of institutional knowledge. This, combined with an aging state workforce, she said, could slow down the legislative process and lead to the reintroduction of previous ideas.
In response to a question from Commissioner Strand asking about a Commissioner’s differing legislative advocacy for a specific proposal, Ms. Effertz confirmed her understanding that a Commissioner had made direct calls to legislators advocating against a bill that the majority of the City Commission supported.
Mayor Mahoney said he will follow up internally on this matter, noting existing policies that address individual advocacy versus official City positions.

City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2025 Approved:
A Hearing had been set for this date and hour to consider the City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2025.
The Board determined that no one is present to protest thereto.
Transit Director Julie Bommelman said the Federal Transportation Administration initially made available to the City of Fargo $1,288,069.00 in Section 5307 funds to be used for operating and capital for the Transit system, which was discussed at the May 12, 2025 City Commission meeting. Since that time, she said, the FTA has made the full appropriation available for an additional $2,480,097.00. In addition, she said, there is funding of $266,243.00 carried over from FY2020 and $856,812.00 from FY2024 involved in the swap of funds with the City of Moorhead, bringing the total amount of available 5307 operating capital for the Transit system to $3,603,152.00. Grant allocations are published in the federal register and indicate an approximate 4% increase over last year, she said.
Commissioner Strand moved the City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2025 be approved.
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 as declared carried.

City of Fargo’s Sections 5310 and 5339 Federal Transportation Administration Grant Preliminary Program of Projects for 2025 Approved:
A Hearing had been set for this date and hour to consider the City of Fargo’s Sections 5310 and 5339 Federal Transportation Administration Grant Preliminary Program of Projects for 2025.
The Board determined that no one is present to protest thereto.
Transit Director Julie Bommelman said the Federal Transportation Administration (FTA) has made available to the City of Fargo $2,904,016.00 in Section 5310 and 5339 funds to be used for capital for the Transit system. This funding now comes directly to the Fargo-Moorhead TMA, she said, when in the past, the funds were sub-allocated by the North Dakota Department of Transportation (NDDOT). These projects and funds were programmed into all applicable planning documents, she said, and estimates of this federal funding were included in the 2025 City of Fargo budget process.
Commissioner Strand moved the City of Fargo’s Sections 5310 and 5339 Federal Transportation Administration Grant Preliminary Program of Projects for 2025 be approved.
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 as declared carried.

Request for the Rezoning of Land in Prairie Crossing Addition Withdrawn (3910 25th Street South):
This item was withdrawn.

Hearing on a Zoning Change and Plat for Northdale First Addition Continued to July 7, 2025 (4300 County Highway 81 North):
A Hearing had been set for this day and hour on a zoning change and plat for Northdale First Addition; however, staff is requesting the Hearing be continued to July 7, 2025.
Commissioner Kolpack moved the Hearing be continued to 5:05 o’clock p.m. on Monday, July 7, 2025.
Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing Regarding Annexation of 87.89 Acres, More or Less Located in a Part of Section 10 and Section 15, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota Continued to July 7, 2025 (4370 52nd Avenue North; 4300, 5001 and 5115 County Road 81; 4821-4943 43rd Street North; 4349 and 4350 48th Avenue North):
A Hearing had been set for this day and hour to determine the sufficiency of any written protests against the proposed annexation; however, staff is asking that the Hearing be continued to July 7, 2025.
Commissioner Kolpack moved that the Hearing be continued to 5:05 p.m. on Monday, July 7, 2025.
Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Application Filed by DBLD, Inc. d/b/a Lil’ Jimmy’s for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by DBLD, Inc. d/b/a Lil’ Jimmy’s for a Class "C" Alcoholic Beverage License at 2603 Kirsten Lane South, Suite 103, 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 is a beer only on-sale license and no food sales are required. The Police Department conducted a background check, he said and four items were noted as being prior to 2013, which were not deemed a concern by the Police Department and did not rise to a level that would impact the application.
In response to a question from Commissioner Strand asking about the scope and timeframe of background checks for liquor license applicants and that he is concerned with how far back the Police investigate incidents, Assistant Police Chief Travis Stefonowicz said current policy specifies a look-back period of two years for certain offenses, others such as DUIs typically have a five-year look-back period and felonies are grounds for denial. He said the Police Department's only role is fact-finding and providing information to the Liquor Control Board for their decisions.
Mr. Sprague said asking applicants about prior offenses is more about truthfulness rather than the charges.
Commissioner Strand suggested the Liquor Control Board discuss and adjust the general parameters for background checks in the future.
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 Hera Nail Bar & Head Spa Inc. d/b/a Hera Nail Bar & Head Spa for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Hera Nail Bar & Head Spa Inc. d/b/a Hera Nail Bar & Head Spa for a Class "W" Alcoholic Beverage License at 2701 Uptown Way, Suite 105, 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 is for a wine only license, which does not require food sales. He said the Liquor Control Board had a two to two vote on this application, resulting in no recommendation for approval. He said the dissenting members expressed concern that alcohol sales should be limited to establishments primarily focused on alcohol, not businesses such as nail salons where alcohol sales are secondary. He said it was noted that of ten businesses with beer or wine licenses, eight integrate alcohol sales as a secondary offering and of those eight, five are nail or hair salons, which highlights a precedent of approving similar applications in the past.
Commissioner Piepkorn said the precedent is set by previous approvals for similar businesses and he also confirmed these establishments must still adhere to server training rules and regular checks.
In response to a question from Commissioner Strand asking what would have happened if the Board had defeated the motion, Mr. Sprague said the City Commission would still have the final decision on issuance.
Commissioner Piepkorn moved the application be approved.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Hearing on a Dangerous Building Located at 1102 1st Avenue South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 1102 1st Avenue South.
Inspections Director Shawn Ouradnik said the property owner, AJS Ventures LLC, has failed to comply with the order to either obtain a permit to repair or remove the heavily damaged structure at that location within the time allowed for that removal. He said the property was brought to the attention of the Inspections Department when the owner, Adam Stonestreet, applied for a permit to renovate the property that consisted of a three-unit apartment building. The interior of the building had been demoed by a previous owner, he said; however, the exterior was untouched. During the plan review, he said, Mr. Stonestreet was informed the property would not be able to be reconstructed under the International Residential Code for one- and two-family occupancies and would need to follow the International Building Code that is applied to structures with more than two occupancies in the building. After some discussion with the owner over a long period of time, he said, Mr. Stonestreet made the decision to demo the structure. The exterior was removed, he stated, then the demolition process was halted by Mr. Stonestreet. The Inspections office has received multiple complaints about the state of the structure, he said, multiple reports of squatters and an accumulation of junk in the yard. He said the house is in a general state of disrepair and neglect; therefore, the decision was made to post the structure as a dangerous building in March 2025 under Article 21-04 of the Fargo Municipal Code. He said after the posting, the owner requested an extension for the demo permit to May 15, 2025, which was granted; however, since that time, no additional demo work has been done. He said the owner has assured the City he will pick up the yard and cover the house with a weatherproof wrap. The owner has also informed Inspections that he will hire a structural engineer and submit plans for repairing the home, he said. The recommendation is to designate this a dangerous building, he stated, and direct the City Attorney to prepare Findings of Fact in this matter and order its removal before or by August 22, 2025. He also asked that the appropriate staff be directed to secure the removal of the building should the owner fail to do so.
Heather Johnson, who lives near the home in the Hawthorne neighborhood, said the house is a public nuisance and she wants to ensure that it is demolished. She said she does not believe the owner will repair it in time and he has had more than adequate time to transform it into something of value for the neighborhood. Instead, she said, the owner has allowed the house to become a nuisance, compromising the safety of the neighbors and the general public.
Mayor Mahoney said that if the City ends up having to demolish the house, the upfront costs would be paid by the City, then those costs are assessed against the property.
Commissioner Turnberg said the City has been generous with the owner and she feels bad for the neighbors who have to live near this property.
Commissioner Piepkorn moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and the Inspections Department be authorized to solicit proposals for the removal of this structure if it is not removed within the time allowed by the Board’s Order.
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.

Floodproof Construction Requirements Policy Approved: Appropriate Staff Authorized to Submit Basement Exception Renewal Request to the Federal Emergency Management Agency (FEMA):
Assistant City Engineer Nathan Boerboom said after the 1997 flood, FEMA initiated a process to update flood plain maps across Cass County. The County was later split into two study areas, he said, and the Cass County Flood Insurance Study was completed in 2015, focusing on the Red and Wild Rice Rivers. He said the Western Cass Flood Insurance Study continued thereafter, concentrating on the Sheyenne, Maple and Rush Rivers, along with various legal drains and western tributaries. FEMA issued a Letter of Final Determination for the Western Cass study in March 2025, he stated, which signifies the completion of all mapping and studies. The City must now review and update its flood plain Ordinances and policies to remain in good standing with the National Flood Insurance Program (NFIP), he said, and failure to do so could result in suspension or removal from the NFIP, meaning residents would lose eligibility for flood insurance and the City would lose access to disaster recovery funds. He presented a map showing that the Red River flood plain from the 2015 study remains unchanged and two red boxes on the map indicate areas within Fargo's City or extraterritorial limits that fall within the Western Cass study boundaries. While these areas are within the study, he stated, their specific flood plain mapping is not changing and the update is primarily about maintaining compliance. He said the City is recommending minor modifications to its flood plain management Ordinance and Floodproof Construction Policy. The updates primarily involve minor definition changes and clarifications to better align with North Dakota's model Ordinance and clarify existing requirements, he said, and no new requirements are being introduced. In 2014, a requirement was implemented in the Floodproof Construction Policy for new structures to be built to a 41-foot water surface elevation or higher to account for potential increases in the 100-year flood plain if the Diversion project did not proceed, he said. With the Diversion now nearing completion, this requirement is now being eliminated, he said and buildings will revert to the standard FEMA 100-year flood plain elevation plus 2 feet for minimum building elevation. Floodproof basements will still be required in areas within or removed from the 100-year flood plain, he stated, as per FEMA's minimum requirements; however, the previous requirement for floodproof basements within the 41-foot area is being removed. This change will decrease construction costs for homes outside the 100-year flood plain by no longer requiring them to have floodproof basements, he said. For areas outside the 100-year flood plain, the required structure elevation will revert to the long-standing practice of being 30 inches above the adjacent street or back of curb, he said. The City is seeking renewal of its basement exception with FEMA, he said, which is a unique allowance with only about 50 out of 26,000 NFIP communities nationwide having a basement exception and 14 of those are in North Dakota. This exception is crucial for Fargo due to the climate, he said, as footings must be at least 5 feet deep to get below the frost level. This allows for the cost-effective creation of additional living space and provides storm shelter protection, he stated, which was important given recent weather events. While building a slab-on-grade home is an option, he said, the deep footings required in Fargo mean that adding a basement provides additional square footage at a lower per-unit cost. He said Fargo has had a basement exception since 1975, and there have been no failures for structures built with floodproof basements, demonstrating the effectiveness of the design. A comprehensive review of the current design was completed with a structural engineer, he stated, identifying no significant updates needed and minor updates were made in coordination with the Building Industry Association to better reflect current practices. With the Diversion's completion, flood plain maps will change significantly, he said and the City will be remapped again. While most homes will likely be removed from the flood plain, the basement exception will remain important for areas that may still be within the flood plain as the City grows.
Commissioners expressed appreciation for the work done and the fact that these policy changes will help decrease homeowners' costs and were achieved sooner than anticipated.
Commissioner Kolpack moved the revised Floodproof Construction Requirements Policy, including the June 12, 2025 Floodproof Basement Structural Design Report be approved and appropriate staff be authorized to submit the Basement Exception renewal request to FEMA.
Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Receive and File an Ordinance Amending Sections 21-0601, 21-0602, 21-0603, 21-0604 and Enacting Sections 21-0601.1 and 21-0605 of Article 21-06 of Chapter 21 of the Fargo Municipal Code Relating to Flood Plain Management:
Commissioner Kolpack moved to receive and file an Ordinance Amending Sections 21-0601, 21-0602, 21-0603, 21-0604 and Enacting Sections 21-0601.1 and 21-0605 of Article 21-06 of Chapter 21 of the Fargo Municipal Code Relating to Flood Plain Management.
Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

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

Resident Comments:
Olivia Fisher, Brian Brockner and Ryan Netterville spoke.

The meeting adjourned at 6:12 o’clock p.m.