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Fargo City Commission

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Fargo City Commission - September 15, 2025

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Monday, September 15, 2025.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.

A video was shown featuring Fire Chief Gary Lorenz.

Mayor Mahoney said if there are people in attendance tonight who have an interest in discussing the 64th Avenue interchange to reach out to his office to schedule a meeting to discuss their concerns.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.

Second by Kolpack.
Commissioner Turnberg moved the Order of the Agenda be amended, adding an item to the Regular Agenda to discuss a social media post, City policy regarding such posts and staff feeling unsafe.

Second by Piepkorn.
Commissioner Kolpack said the Commission has established Governance Policies and the Commission's direct oversight of staff is limited to the City Administrator. She said personnel issues are handled through existing protocols, including Civil Service requirements, and these processes are already underway.
Mayor Mahoney said the City Administrator and Human Resources are addressing the issue, the employee in question removed the post and regrets their action. He said the process would involve Human Resources making recommendations to the City Administrator, who would then take appropriate action. The Mayor said the Commission cannot unilaterally fire the employee; this decision rests with Administration.
City Attorney Nancy Morris said there are First Amendment implications regarding social media posts by public employees and referenced Melton v. City of Forest City, which deals with this issue. She said the hiring authority has the power to fire an employee and the Civil Service process also applies. While the Commission can provide information to the hiring authority, she stated, it cannot make the decision itself.
Commissioner Turnberg said a public discussion was necessary for transparency and denying it is a disservice to the public, which the Commissioners serve.
Commissioner Piepkorn said the Commission is the ultimate hiring authority and therefore has the right to take action to remove an employee if they wish. He said other individuals or groups are merely advisory.
Commissioner Strand said the Commission is going down some rabbit holes lately that are out of its lane. He said there are established protocols and guard rails and handling personnel matters is the job of Administration, not the Commission. He also expressed concern about a pattern of staff being publicly attacked at the Commission dais.
Commissioner Turnberg said freedom of speech does not mean freedom from consequences. She said the post celebrated a real-time assassination and she had received complaints from employees who do not feel safe. She said keeping someone in a health and safety position after such a post is an oxymoron.
On call of the roll on the motion to amend the Order of the Agenda Commissioners Turnberg and Piepkorn voted aye.
Commissioners Kolpack, Strand and Mahoney voted nay.
The motion was declared lost for lack of a majority.

On call of the roll on the original motion to approve the Order of the Agenda Commissioners Piepkorn, Kolpack, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on September 2, 2025 be approved as read.

Second by Kolpack. 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. Second Amendment to Purchase Agreement and Earnest Money Contract with
Galvanizers, Inc.
2. Amendment to Purchase Agreement with ARD Properties, LLC.
3. Affirm the language in the Memorandum of Understanding that defers the management and maintenance of the Downtown amenities to the Downtown Community Partnership and BID.
4. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 2-0202 of Article 2-02 of Chapter 2 of the Fargo Municipal Code Relating to Election Dates.
5. 2nd reading, waive reading and final adoption an Ordinance Amending Section 2-0205 of Article 2-02 of Chapter 2 of the Fargo Municipal Code Relating to Election Procedures.
6. 2nd reading, waive reading and final adoption of an Ordinance Amending Sections 25-1506, 25-1507 and 25-1508 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Licensing and Regulating Businesses and Trades.
7. 2nd reading, waive reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Brekke 64th Avenue Addition to the City of Fargo, Cass County, North Dakota.
8. Site Authorizations for Games of Chance:
a. Fraser Ltd. at Sports Bar.
b. North Dakota Horse Park Foundation at Prairie Rose Meadery.

9. Applications for Games of Chance:
a. Churches United for the Homeless for a raffle on 10/30/25.
b. Fargo Davies High School for a raffle on 8/29/25-3/3/2026.
c. Fargo Davies High School Theatre for a raffle on 9/26/25-4/19/26.
d. Fargo Park District for a raffle on 10/1/25.
e. Firstchoice Clinic d/b/a Women’s Care Center for bingo on 10/7/25.
f. North Dakota Shrine Bowl for a raffle on 12/31/25.
g. Pink Plaid for a raffle on 10/23/25.
h. Sts. Anne & Joachim Catholic Church for a raffle on 11/9/25.
i. UND Alumni Association & Foundation for a raffle board on 10/8/25.

10. 2026 City Commission meeting dates.

11. Recommendation for no monetary incentive program to be included on the project and to include funding in the 2026 Capital Improvement Plan to retain a public relations and marketing firm for Improvement District No. BR-23-A1.

12. Change Order No. 2 in the amount of $3,500.00 for Improvement District No. BR-25-B3.

13. Change Order No. 2 in the amount of $37,188.77 for Improvement District No. PR-24-A1.

14. Create Improvement District No. BR-26-A and adopt Resolution of Necessity (Paving and Utility Rehab/Reconstruction).

15. Contract and bond for Improvement District No. BN-25-C1.

16. Permanent Easement (Bike Trail) with City of Fargo for Use of the Schools aka Fargo Public School District No. 1 (Project No. BR-26-A1).

17. Developer Agreement with Brekke Custom Homes, Inc. for Brekke 64th Avenue Addition.

18. Revision to the 2026-2027 State of North Dakota Flex Funds Project Application.

19. Amendment No. 3 with HDR Engineering, Inc. in the amount of $12,230.00 for Project No. TR-26-A0.

20. Pond Construction and Maintenance Agreement (Alex’s First Addition) and Permanent Easement (Storm Sewer) with KLC Holdings, LLC and the addition of Project No. VF-25-B1 to the 2025 CIP.

21. Resolution Authorizing Sale of Property (Attachment “A”).

22. Change Orders for Fire Station No. 5 Renovation Project:
a. No. 4 in the amount of $18,142.39 (general construction contract).
b. No. 2 in the amount of $3,979.00 (mechanical construction contract).

23. License Agreement with The Park District of the City of Fargo.
24. ND Department of Transportation State Aid for Public Transit Agreement.
25. Bid award to Stone Group Architects for Architectural and Engineering Services at Transit (RFP25215).
26. Agreement and Easement (Temporary Pipeline Construction Easement) with Municipal Airport Authority of the City of Fargo.
27. Bills in the amount of $14,367,375.93.
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.

Public Hearing for Comments on the 2026 Preliminary Budget:
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 be heard.
Mayor Mahoney said there is no vote tonight; this is an opportunity for the public to be heard regarding the proposed budget.
Finance Director Susan Thompson said she is still working through a few things and will consider public feedback from this Hearing. The final budget will be approved in two weeks, she stated, then it will be sent to Cass County. The general fund, which includes revenues and expenses, shows a balanced budget for 2026 of just over $140 million, she said.
Christopher Coen, Fargo, said the proposed 2026 budget disproportionately impacts vulnerable populations. The most significant cut is to the bus system, he said, which is crucial for low-wage workers and the proposed changes, such as reducing the frequency of some of most popular routes will reduce ridership and could lead to a loss of Federal funding. He said he is also concerned about other reductions affecting vulnerable groups, such as snow removal assistance for disabled and elderly residents, affordable housing initiatives and funding for cultural events. There are alternative ways to balance the budget, he said, such as cuts to things such as street paving, grants for The Arts Partnership, Downtown Community Partnership and the Indigenous Association. The City could also increase utility franchise fees and other fees, he said and a pain sharing approach would ensure that no single group or service bears the brunt of the cuts. While Transit is facing a severe cut, the Airport budget remains untouched and he asked why air travel is prioritized over mass transit, which is a lifeline for so many working people. He said there are indirect benefits of a robust mass transit system – it reduces traffic, lowers the need for expensive road maintenance and decreases the number of accidents.
Glenn Knudson, Fargo, said he questions whether the budget adequately addresses the City's growing challenges, particularly regarding public safety. He said the estimate for Police calls for the upcoming year has been kept level with the previous year, which seems unrealistic given the issues he sees and hears about in the City. He said store employees are advised not to call the Police for theft due to the fact that officers will not arrive in time and confronting thieves could be dangerous. This suggests an underreporting of crime and he is concerned the City is playing games with crime statistics so the Police can claim crime is down. He said he is concerned about the Downtown Engagement Center, which encourages destructive behavior by enabling individuals without requiring them to take responsibility for their actions. It is disheartening that Police officers are being used to clean-up human waste from the doorways of Downtown businesses, yet are unable to respond to crimes such as theft, he said. The City has spent millions making Downtown beautiful and due to a lack of safety, businesses are failing, he said. The Police Department has lost approximately 50 experienced officers since the current Chief took charge, he stated, which has left the City with a less experienced force. The budget allocates funds for things such as needles and not for more Police officers, he said and taxes are increasing on citizens through a new sales tax instead of the City making hard decisions and cutting unnecessary spending. He said the City must prioritize the safety of taxpaying citizens who bear the burden of these decisions.
Mayor Mahoney closed the Public Hearing.

Discussion Regarding Public Comment Policy Revisions to Governance Policies:
City Administrator Michael Redlinger said the North Dakota Legislature has adopted new statutory language pertaining to public comment at all governing body meetings in the State of North Dakota. SB 2180 specifically requires the governing body of a City to have a public comment opportunity available at every regular meeting, he stated. In preparation for the implementation of the law change, he said, policy revisions have been made in the City in accordance with the new statute; however, two policy questions remain that require feedback and direction from the City Commission. He said the questions are: Should public comment at City Commission meetings be limited only to those items on the agenda for that meeting and the meeting preceding it; and does the City Commission wish to limit virtual public comment, given the Legislature eliminated the requirement that the speaker be a Fargo resident or business owner. He said once the City Commission’s direction is received on these questions, policy updates will be prepared and presented by the City Attorney to update the Governance Policies at the September 29th City Commission meeting.
Commissioners expressed a desire to keep public comment focused on local issues rather than international or national ones and most Commissioners supported keeping the virtual comment option available for accessibility, though they acknowledged it can feel less impactful than in-person testimony. Commissioners also noted the current policy is working well and if problems arise with non-resident speakers, the policy can be revisited.
Olivia Fischer and Christopher Coen spoke.
Commissioner Piepkorn moved public comment at City Commission meetings be limited to only those items on the agenda for that meeting and the meeting preceding it.

Second by Turnberg. On call of the roll Commissioners Piepkorn and Turnberg voted aye.
Commissioners Kolpack, Strand and Mahoney voted nay.
The motion was declared lost for lack of a majority
No motion was made on the second item regarding virtual testimony, leaving current policy unchanged.

Funding for Engagement Services in 2026 Approved: Staff Directed to Begin Outreach for Potential Relocation Sites:
Assistant City Administrator Brenda Derrig said there have been discussions for the past couple of years about the Engagement Center, including its current location and the City's role in its operation. Everyone has a role to play in the region's response to homelessness, she said and the City's role is to address Downtown concerns through a coordinated response. The Police and Fargo Cass Public Health continue to work on these efforts as has the metro-wide United to End Homelessness initiative. Earlier this year, she said, the City Commission was updated on the work of Bloomberg Associates and since then, there have been State budget discussions and direct coordination with the State Legislature. The Mayor has been working with State and private partners, she stated, who have reached out to him with suggestions about private investments in the community and the Mayor has received feedback from Downtown stakeholders. Staff has continued to stay engaged with Bloomberg Associates, she stated, who provides the City with technical support at no cost. Based on feedback from the community, she said, the City is at a decision point for the Engagement Center and if the City can confirm its commitment, the next steps would be to assess the feasibility of new sites and conduct public outreach, including an open house on September 23rd. After the open house, she said, she will return to the City Commission with more information and a finance plan. She said she knows the community is looking for a resolution and with winter approaching, making this decision is even more urgent. The current location was always meant to be temporary, she said, as the current building is spread across three floors with a fragmented layout, which requires more staff to manage, and the inefficiency of the space makes it difficult for partners to connect with participants. Relocating the Engagement Center would allow the City to create a one-stop shop, she said, where service providers can proactively connect with participants and offer a wide range of services. She said other benefits of this new vision include a faster pathway to treatment for clients with less disruption on the streets, filling critical gaps and expanding service offerings to include mental health resources, consistent and improved access to services and programming for partners, enhanced staff efficiency with a more organized space, better collaboration with State and County partners and improved management of outdoor activity with a better location and exterior space. This would also reduce City staffing needs, she stated. Potential locations include:
• 610 University Drive North: This site is available for lease or purchase, has been discussed since the beginning of the relocation discussions and it has no immediate neighbors.
•720 4th Street North: This site has no immediate neighbors and is available for lease or purchase.
• 2001 1st Avenue North: Available for lease, this site is outside the preferred location, yet the proximity to other City services makes it a viable option.
She said any of these sites would be a better option than the current location and the idea is for the City to commit to funding the center's operations while the facility and renovations are funded through private donations. She said community stakeholders believe it is important to have a central location where providers and those in need can connect; however, before the City invests any more time, she said she needs to have clear direction from the Commission. She said she will return to the City Commission in two weeks with findings.
Camille Brandt and Olivia Fischer spoke via teleconference. In person speakers included Chandler Esslinger, Benjamin Erie, Sarah Hasbargen, Kimberly Kemppanion, Jasmine Vasichek, Summer Sturlaugson, Christopher Coen, Sarah Liljestrand and Rocky Schneider.
Commissioner Turnberg said the current Engagement Center’s Downtown location is enabling destructive behavior and is hurting local businesses. She called for the City to take immediate, decisive action to move the Center and emphasized the issues Downtown are rooted in drug use and mental illness, not homelessness, and providing needles and a lounge is not the same as offering real treatment. She proposed moving the Engagement Center next to the Police Department, a location with no residential neighbors, and she urged the Commission to act with urgency, suggesting the City suspend services temporarily at the current location to facilitate a quick move.
Commissioner Strand said he agrees with many of Commissioner Turnberg's points, acknowledging the City is dealing with a significant national problem: a failure in the healthcare system to provide for people who have fallen through the cracks. He said this is a human problem that requires a unified, compassionate response. He pointed to the City's past success in fighting floods as an example of what can be accomplished when the community works together.
Commissioner Kolpack said she has heard from numerous business owners and citizens who support relocating the Center. She agreed the current building is inadequate and was always intended to be a short-term solution. She emphasized the importance of proceeding with urgency and community input to find a new location that can provide expanded services in a pragmatic and thoughtful way.
Commissioner Strand moved funding for Engagement Services in 2026 be approved and that staff be directed to begin outreach for potential relocation sites.

Second by Kolpack. On call of the roll Commissioners Strand, Kolpack, Turnberg and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Sherri Mutalipassi (5 years).
b. Brian Brockner (5 years).
c. Bradley and Stacy Winter (5 years).
d. Kevin and Cynthia Liedahl (5 years).
e. John and Nancy Lunde (5 years).
f. Thomas and Jadin Stromme (5 years).
g. Douglas and Nancy Kalk (5 years).
h. Shyam Kandel and Jinita Sthapit Kandel (5 years).
i. Tracy and Terri Doyle (5 years).
Commissioner Piepkorn moved the applications 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.

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

Resident Comments:
Cathy Brenan and Christopher Coen spoke.

The meeting adjourned at 6:56 o’clock p.m.