Fargo City Commission - August 4, 2025

Regular Meeting: Monday: August 4, 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, August 4, 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 Commissioners will retire into Executive Session in the Red River Room for the purpose of attorney consultation and to discuss negotiating strategy or provide negotiating instructions to its attorney or other negotiator regarding the Contract for Incarceration of Adult Inmates at Cass County Jail. Discussing these matters in an open meeting will have a negative fiscal effect on the bargaining position of the City. Additionally, the Board of City Commissioners will retire into Executive Session for purposes of discussing confidential records and/or information pursuant to N.D.C.C. § 44-04-19.2 subsection 1, including economic development records and information pursuant to N.D.C.C. § 44-04-18.4 subsections 1, 2 and 5; and for purposes of discussing negotiating strategy, to provide negotiating instructions to the City’s attorney or other negotiator regarding a potential contract regarding economic development records and information; and to receive its attorney’s advice and guidance on the legal risks, strengths and weaknesses of an action of a public entity and regarding reasonable predictable and/or threatened litigation relating to annexation. Discussing these items in an open meeting would 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 N.D.C.C. § 44-04-19.1 subsections 1, 2, 5 and 9 and N.D.C.C. § 44-04-19.2 subsection 1.
Commissioner Strand moved the Commissioners meet in Executive Session in the Red River Room as authorized by North Dakota Century Code § 44-04-18.4, 44-04-19.1 and 44-04-19.2 subsections 2, 5 and 9 to discuss said matters.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.

At 4:06 o’clock p.m. the Board moved to the Red River Room to discuss said matters in Executive Session.
Members present were: Kolpack, Piepkorn, Strand, Turnberg and Mahoney.

The Executive Session closed at 4:56 o’clock 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 direct the City Attorney be directed to seek an Attorney General opinion regarding receipt and storage of inmate property.
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.

Commissioner Piepkorn moved to receive and file the following instruments that were the subject of the motion made and carried on July 31, 2025 at the July 31, 2025 Special Meeting of the Board of the City Commissioners:
a. Resolution of Annexation for 256.87 acres, approximately, in the EAST HALF of Section 3, Township 140, Range 49, as proposed.
b. Resolution of Annexation for 303.23 acres, approximately, in the WEST HALF of the same Section 3 as proposed.
c. Resolution of Annexation for 236.16 acres, approximately, in Section 35, Township 141, Range 49, as proposed.
d. Petition for Exclusion (De-annexation) of certain land currently lying in the City of Harwood.
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.

Commissioner Kolpack moved to ratify and approve the following:
e. Resolution of Annexation for 256.87 acres, approximately, in the EAST HALF of Section 3, Township 140, Range 49, as proposed.
f. Resolution of Annexation for 303.23 acres, approximately, in the WEST HALF of the same Section 3, as proposed.
g. Resolution of Annexation for 236.16 acres, approximately, in Section 35, Township 141, Range 49, as proposed.
h. That the City of Fargo request and petition for the City-owned land in Section 9, Township 140, Range 49 to be de-annexed or excluded from the City of Harwood and to authorize the Mayor to execute the Petition for Exclusion, as proposed and remit the same to the City of Harwood.
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.

Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved.
Second by Piepkorn. 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 July 21, 2025, the Special Meeting held on July 25, 2025 and the Special Meeting held on July 31, 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 Sections 12-0306, 12-0308, 12-0310 and 12-0314 of Article 12-03 of Chapter 12 of the Fargo Municipal Code Relating to Domestic Fowl, Wild Birds and Pets.

2. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of 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. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Section 8-1003 of Article 8-10 of Chapter 8 of the Fargo Municipal Code relating to the Traffic Code.

4. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Section 8-0906 of Article 8-09 of Chapter 8 of the Fargo Municipal Code relating to the Traffic Code.

5. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Section 10-0304 of Article 10-03 of Chapter 10 of the Fargo Municipal Code relating to Public Safety, Morals and Welfare.

6. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Section 21.1-0102 of the Fargo Municipal Code Relating to the International Residential Code (Appendix BE-Radon Control Methods).

7. 1st reading of Ordinance Amending Article 11-04 of Chapter 11 of the Fargo Municipal Code Relating to Automobiles and Personal Property.

8. 2nd reading, waive reading and final adoption of an Ordinance Repealing Article 5-04 of Chapter 5 of the Fargo Municipal Code Relating to Fargo Police Advisory and Oversight Board.

9. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Northdale First Addition to the City of Fargo, Cass County, North Dakota.

10. Concur with the findings of staff and the Liquor Control Board and apply the administrative penalty of a $500.00 fine for a first failure to the liquor license violations identified at the Bismarck Tavern.

11. Concur with the findings of staff and the Liquor Control Board and apply the administrative penalty of a $500.00 fine for a first failure to the liquor license violations identified at the Empire Tavern.

12. Concur with the findings of staff and the Liquor Control Board and apply the administrative penalty of a $500.00 fine for a first failure to the liquor license violations identified at Chili’s.

13. Concur with the findings of staff and the Liquor Control Board and apply the administrative penalty of a $500.00 fine for a first failure to the liquor license violations identified at Applebee’s 45th Street.

14. Concur with the findings of staff and the Liquor Control Board and apply the administrative penalty of a $500.00 fine for a first failure to the liquor license violations identified at Applebee’s 16th Street North.

15. Concur with the findings of staff and the Liquor Control Board and apply the administrative penalty of a $500.00 fine for a first failure to the liquor license violations identified at Applebee’s 13th Avenue South.

16. Direct the City Attorney to work with the City Auditor to create the conditions where an add on limited off-sale liquor license would be appropriate.

17. Applications for Games of Chance:
a. Fargo North Football Team for a raffle on 8/12/25.
b. North Dakota Long Term Care Association for a raffle 9/25/25.
c. St. John Paul II Catholic Schools for a raffle on 4/25/26.

18. Gaming Site Authorization for the North Dakota Association for The Disabled, Inc. at Lil Jimmy’s.

19. Developer Agreement with Eastdale, LLC for Northdale First Addition.

20. Incentive of $5,000.00 per day, for up to 30 days, for Improvement District No. BR-26-H1.

21. Final Balancing Change Order No. 1 in the amount of $68,999.04 for Improvement District No. BR-24-C1.

22. Final Balancing Change Order No. 2 in the amount of $32,733.49 for Improvement District No. NR-23-C5.

23. Final Balancing Change Order No. 1 in the amount of $3,025.00 for Improvement District No. NR-23-C6.

24. Negative Final Balancing Change Order No. 5 in the amount of -$76,635.07 for Improvement District No. BR-24-B1.

25. Change Order No. 1 in the amount of $37,804.00 for Improvement District No. BR-25-B3.

26. Contract and bond for Improvement District No. BR-25-H1.

27. Negative Final Balancing Change Order No. 1 in the amount of $-1,665.00 for Project No. ER-24-E1.

28. Negative Final Balancing Change Order No. 3 in the amount of -$92,780.00 for Project No. FM-24-A1.

29. Permanent Easement (Alley) with Gina Lisa Bar-el (Project No. AN-19-A1).

30. Bid award to Northstar Safety, Inc. in the amount of $534,606.00 for Project No. TM-25-B1.

31. Contract and bond for Project No. NR-25-D2.

32. Contract and bond for Project No. NR-25-D3.

33. Resolution approving Plat of Old Broadway Addition.

34. Notice of Grant Award from the ND Department of Health and Human Services for Women’s Way (CFDA #93.898).

35. Direct the City Attorney’s Office to review and revise the Tobacco Ordinance - Chapter 35.

36. Services Agreement – Snow Groomer Equipment Services with Midwest Snow Services LLC for the 2025/2026 snow season (RFP25198).

37. Piggyback purchase through Sourcewell Cooperative Purchasing Agreement in the amount of $148,930.00 for one 2025 Versalift VO-260-RR (PBC25228).

38. Piggyback purchase through the ND State Contract with North Central Intl. LLC in the amount of $91,978.38 for one 2025 HV607 SBA Chassis (PBC25229).

39. Bid award to NAPA Central in the amount of $31,673.10 for Central Garage’s annual filter consumption (RFP25211).

40. Contractor Work Order Request (State Contract No. 283) with Via Mobility LLC.

41. Bills in the amount of $18,922,783.95.

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.

Parcels of Land in RLN Business Park Second Addition Rezoned (4551 33rd Street North):
At a Hearing held on July 1, 2025 the Fargo Planning Commission recommended approval of a change in zoning from GI, General Industrial to LI, Limited Industrial.
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 owner of the undeveloped property is requesting this zone change in order to make a larger portion of the lot developable.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.
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.

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in RLN Business Park Second Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in RLN Business Park Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.
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.

Parcels of Land in Sullivan Second Addition Rezoned (5201 and 5475 Bishop’s Boulevard South; 5202 and 5534 25th Street South):
At a Hearing held on May 6, 2025 the Fargo Planning Commission recommended approval of a change in zoning from GO, General Office and P/I, Public and Instiutional to GO, General Office and P/I, Public and Institutional.
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 property is the site of Sts. Ann and Joachim Catholic Church, a rectory and related offices. The proposal is to replat the property to create four separate lots, he said, which will ensure that the existing zoning for each lot aligns correctly with the new property lines. This is largely an administrative change to accommodate future development on the site, he said.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.
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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Sullivan Second Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land in Sullivan Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.
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.

Resolution Adopted Approving Sullivan Second Addition:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Sullivan Second Addition” containing 4 Lots, 1 Block and 31.93 acres of land more or less, located at 5202 and 5534 25th Street South, and 5201 and 5475 Bishop’s Boulevard South; and
WHEREAS, A Hearing was held May 6, 2025 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 July 23 and 30, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., August 4, 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 “Sullivan Second 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.

2026 Preliminary Budget Approved: Public Hearing Set for Monday, September 15, 2025 at 5:05 p.m.:
Mayor Mahoney said the 2026 Preliminary Budget was presented at a meeting held earlier today. He said the budget is balanced, with both revenues and expenses totaling $140,287,211.00, which represents a 1.53% increase in operating expenses and is a noteworthy achievement and a testament to staff's hard work. He said property taxes, while often a source of confusion, only account for 33% of the City's total revenue. The Public Safety Sales Tax generates 4% of the City's budget, he said and staffing and personnel costs make up 75% of the total budget. The City is currently working to determine the maximum possible revenue it can collect, which is set at 3% plus growth, he said. The immediate next step is to approve the Preliminary Budget and schedule a Public Hearing for the final budget on September 15, 2025 at 5:05 p.m., he stated. This preliminary approval simply sets the highest possible revenue the City can collect, he said and it does not finalize the budget and encouraged Commissioners to continue working with the budget staff to make changes and recommendations. In previous years, he said, it used to be the budget is going up 1 or 2 mils whereas today, it is 3% plus growth. This is a bit different, he said, due to the fact the City now has to talk real money.
Commissioner Kolpack thanked staff and departments for all of the work that went into this budget. She said she met with her portfolio departments as well as other department heads, which was extremely helpful. She said without the Public Safety Sales Tax the ability to address what the public voted for and approved, the City would be in a different place. She appreciates the work and the public’s support.
Commissioner Piepkorn questioned the timing of the budget's release and noted that the public only had access to the budget for about five hours before this vote. He said he is concerned that this lack of time prevented the public from providing feedback.
Mayor Mahoney said this is only the Preliminary Budget and the Public Hearing scheduled for September 15th is specifically designed for public input. He said public feedback has already been incorporated into the budget, such as keeping funding for the arts and the Northport Library.
Commissioner Turnberg said Commissioners can still take steps to improve and tweak the budget, and to dig in and really see what is being cut and what is staying. She said she thinks the budget can be improved.
Commissioner Strand acknowledged the challenges of a tight budget and he is grateful for the work of City employees who show a strong sense of pride in the City, even in small details such as keeping intersections clean and controlling weeds. He said he is also thankful the budget protects funding for key amenities such as the Airport and the arts, both of which are important to the City.
Commissioner Kolpack moved the 2026 Preliminary Budget be approved and the Public Hearing be scheduled for Monday, September 15, 2025 at 5:05 p.m.
Second by Strand. On call of the roll Commissioners Kolpack, Strand and Mahoney voted aye.
Commissioners Piepkorn and Turnberg voted nay.
The motion was declared carried.

Broadway Streetscape Amenities and Pedestrian Way Preliminary Report Received and Filed:
Assistant City Administrator Brenda Derrig said Broadway was reconstructed in the 2000s and the amenities were added at that time. She said having been in the right-of-way for more than 20 years, these items have never been re-evaluated. She said the City first engaged Confluence in 2013 to develop streetscape guidelines and the subsequent opening of Broadway Square in 2020 added further amenities to the Downtown area. A 2023 Downtown Action Plan identified that Broadway's sidewalks, a signature street for Fargo, are often too narrow and crowded, she said and the plan suggests that if the street were designed today, it would likely feature parallel parking on one side and diagonal on the other to provide more walking space. She said many buildings have been redeveloped and their entrances relocated; however, the amenities were never reassessed to align with these changes. This has created a clear need to re-evaluate the amenities along Broadway, she said, which include benches, trash receptacles, wayfinding signs, bicycle racks and plants with streetlights remaining in their current locations. She said Downtown Fargo is unique in its use of a Business Improvement District (BID) assessment to help maintain these amenities. The Planning and Engineering Departments have completed an initial review, she said, and the Downtown Community Partnership (DCP) is collaborating with Confluence, who is expanding its scope of work to include a comprehensive evaluation of all amenities. She said this evaluation will provide relocation recommendations based on distribution across all Downtown zones, which include the furniture and pedestrian zones and the buffer. She said a key area of focus is the Second Avenue intersection due to its congestion and high activity. The project also considers Americans with Disabilities Act (ADA) requirements, the needs of those using wheelchairs and the necessary maintenance and upkeep, such as repainting and powder coating, for the aging amenities, she said.
Downtown Community Partnership Executive Director Rocky Schneider said the DCP is working with Confluence, a Downtown firm, to re-evaluate pedestrian signage. He said this project is part of the In-Focus Plan and has been in the budget for several years. The hope is to finalize the design and gather public input this fall, with installation planned for next spring, he said. Currently, he said, there are 14 signs on Broadway; however, they are not very effective and studies were done on signage in other Downtown areas to understand how to better direct people to key amenities such as parking ramps, murals, City services and other points of interest. He said this project is critical for balancing the needs of pedestrians in the limited public right-of-way, which is shared by businesses, residents and visitors. While the DCP is looking at removing some benches, they are also working with Confluence to identify new locations for public seating. There are several dozen potential new sites, he stated and Confluence is working with businesses and landowners to find locations where seating is needed and has available right-of-way. The goal is to expand public seating, he stated, not remove it, and place it more strategically. Based on his informal inventory, he said, there are 327 public seats in 103 locations Downtown, including Broadway and two blocks in either direction. Broadway Square accounts for 145 of those seats in 42 locations, making up about 44% of the total public seating, he said. The benches between Main Avenue and 4th Avenue North, which have been a subject of discussion, represent about 10% of the total public seating, with 16 benches in total. The media narrative about removing all public seating is not accurate, he said and there is consideration on relocating some of those 16 benches, not eliminating them entirely. He said the intent is to use that space for new signage and to refurbish other amenities. It is also important to address the high number of Police calls associated with some of these benches, he said and while removing benches will not solve the underlying social issues, it may help limit negative interactions and improve the pedestrian experience. He said the DCP will continue to address these problems in collaboration with the Police Department and through harm reduction efforts. Public seating is a vital amenity, he stated and the DCP is committed to maintaining it effectively, even as misuse is addressed.
In response to a question from Mayor Mahoney asking how the summer has been for the Downtown community, whether there have been any improvements and if the numbers will keep growing, Mr. Schneider said the success of Downtown is a collaborative effort and the events are a prime example of this working well. He said the events are still at capacity and draw large crowds; however, there has been a decrease in foot traffic on non-event days, which is likely linked to the customer experience and public perception. He said he is actively working with the City to address these challenges and while he has seen success in the collaboration with harm reduction and law enforcement, he recognizes that some ongoing issues, particularly those related to the homeless population, require broader solutions and resources beyond his control. Downtown businesses often feel the brunt of this impact, he said, which unfairly pits two separate issues against each other.
Bradley Foster, Shane Mooring and Chase Bode spoke in favor of not removing the benches.
Commissioner Kolpack moved the Broadway Streetscape Amenities and Pedestrian Way Preliminary Report be received and filed and address the removal or relocation of any amenities once the final report is complete in mid-September.
Mayor Mahoney relinquished the Chair to second the motion (Deputy Mayor Kolpack presiding).
Second by Mahoney. On call of the roll Commissioners Kolpack, Mahoney, Strand and Turnberg voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.

Deputy Mayor Kolpack returned the Chair (Mayor Mahoney Presiding).

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

Resident Comments:
Neal Minter, Joseph Garcia and Daniel Hazer spoke.

The time at adjournment was 6:08 o’clock p.m.