Fargo City Commission

Fargo City Commission - September 2, 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., Tuesday, September 2, 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 Fargo Cass Public Health and Mike Hondlik, an Office Associate in the Environmental Health Division, received the “Rising Star” award.

The American Red Cross presented a trophy to the Fargo Fire Department.

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 Turnberg moved that the Minutes of the Regular Meeting of the Board held on August 18, 2025 and the Minutes of the Special Meeting held on August 27, 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. 1st reading 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.

2. 1st reading of an Ordinance Amending Section 2-0202 of Article 2-02 of Chapter 2 of the Fargo Municipal Code Relating to Election Dates.

3. 1st reading of an Ordinance Amending Section 2-0205 of Article 2-02 of Chapter 2 of the Fargo Municipal Code Relating to Election Procedures.

4. 2nd reading, waive reading and final adoption of an Ordinance Amending Sections 12-0306, 12-0308, 12-0310, 12-0311 and 12-0314 of Article 12-03 of Chapter 12 of the Fargo Municipal Code Relating to Domestic Fowl, Wild Birds and Pets.

5. Applications for Games of Chance:
a. Fargo Davies High School for a raffle on 9/4/25-10/30/25.
b. NDAWWA Water for People Committee for a raffle on 10/15/25.

6. Consolidated Agreement for Special Improvements with Dakota Commerce Center 5, LLC (Improvement District Nos. BN-23-F1 and BN-25-C1).

7. Developer Agreement with County 20 Storage & Transfer, Inc. for 46th Avenue Industrial Park Second Addition.

8. Developer Agreement with GBP, LLC for Valley View Twelfth Addition.

9. Bid award to Dakota Underground Company Inc. in the amount of $8,585,918.81 for Improvement District No. BN-25-C1.

10. Create Improvement District No. BN-26-A and adopt Resolution of Necessity (New Paving and Utility Construction).

11. Change Order No. 1 in the amount of $91,738.00 for Project No. SR-25-A1.

12. Change Order No. 1 for a time extension to the Substantial and Final Completion Dates of 10/31/2025 and 11/30/2025 for Project No. UR-24-C1.

13. Final Balancing Change Order No. 1 in the amount of $4,335.00 for Project No. ER-24-C1.

14. Bid award in the amount of $13,860.00 and Agreement with Limble Solutions, Inc. for a computer maintenance management system (RFP25176).

15. Twelfth Amended Lease Agreement with North Dakota State University and Fargo Dome Authority.

16. Items from the FAHR Meeting:
a. Receive and file Sales Tax update.
b. Receive and file General Fund – Budget to Actual through 6/30/25.
c. Receive and file General Fund – Budget to Actual through 7/31/25.
d. Receive and file General Fund – 2025 Year End Projections through 6/30/25.
e. Independent Auditor’s report and the City’s Annual Comprehensive Financial Report for the year ending 12/31/24.
f. Reallocation of $279,274.00 from the approved 2025 Public Safety Sales Tax plan to the Public Safety Sales Tax Reserve and to approve the timing adjustments of promotions and hiring as presented.

17. Request for out-of-grade pay for Archie Ingersoll and Brian Sellin effective 8/18/25.

18. Bid award to Safety-Kleen Systems in the amount of $72,475.60 for Central Garage lubricating oil products (RFP25210).

19. Direct the City Attorney’s Office to work with the Public Works Department to review and update Article 8-1009 – Night Parking Restrictions.

20. Solid Waste Management Agreement for Private Haulers with Fuchs Sanitation.

21. Submission of the City of Fargo Transit Policy of Title VI Civil Rights Program to the Federal Transit Administration.

22. ND Department of Transportation Amendment to Contract No. 38231169 for additional transit capital funds (CFDA #20.526).

23. Written Renewal of Contract with Ambassador Inc. d/b/a Ambassador Cleaning.

24. Agreement for Transit Services and 2025-2026 Amendments to Joint Powers Agreement for Transit Support with North Dakota State University.

25. Change Order No. 1 in the amount of $146,458.00 for Project No. WA2255.

26. Change Order No. 1 in the amount of $13,981.35 and time extensions to the substantial completion dates to 9/15/25 and 12/1/25 and the final completion date to 12/31/25 for Project No. WW2005.

27. Task Order No. 15 with AE2S in the amount of $136,400.00 for Project No. WW2352.

28. Bills in the amount of $14,540,550.68.

Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Kolpack, Turnberg and Mahoney voted aye.

No Commissioner being absent and none voting nay, the motion was declared carried.

Hearing on Special Assessments for Maintenance of the Skyway System:
A Hearing had been set for this day and hour on the special assessments list for maintenance of the Skyway System in the City of Fargo, North Dakota.
No appeals have been filed in writing against any item appearing on such special assessments list and no person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said that annually, the Skyway maintenance fees are assessed to cover cleaning, electricity, heating and air conditioning. Last year's assessment was $160,000.00, he said, and it will remain at that amount for the next five years in order to build up a savings fund to replace the carpet and wall coverings.
Commissioner Piepkorn moved that the special assessments list for maintenance of the Skyway System be and the same is hereby approved confirmed and ordered filed in the office of the City Auditor and that the City Auditor's Office be instructed to proceed to collect the assessments in the manner provided by law.

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.

Hearing on Special Assessments for Nuisance Abatement Fees – Snow Removal on Certain Properties in the City of Fargo:
A Hearing had been set for this day and hour on special assessments for Nuisance abatement fees – snow removal on the list of properties on file in the City Auditor’s Office.
No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said upon receiving a snow removal complaint, photos are taken before and after the work is done. He said a bill is then sent to the property owner through the accounts receivable process and if payment is not received by mid-summer, the unpaid balance is transferred to the assessment process. He said there is about $7,000.00 remaining unpaid.
In response to a question by Commissioner Strand asking if this snow removal is the same as the Social Services fund, Mr. Sprague said this is for a homeowner or rental property owner who is not properly maintaining their property. The Social Services fund is a program where property owners can apply for assistance to remove snow from their property, he stated.
Commissioner Kolpack moved the special assessments for nuisance abatement fees – snow removal be approved as submitted.

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 on Special Assessments for Unpaid Utilities on Certain Properties in the City of Fargo:
A Hearing had been set for this day and hour on the special assessments for unpaid utilities on the list of properties on file in the City Auditor’s Office.
No appeals have been filed in writing against any item appearing on such special assessments list and no person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said to get ahead of the new meter project, a list has been compiled of properties in the City limits served by Cass County Rural Water. For these properties, he said, the water cannot be shut off due to the fact that the debt does not belong to the City; however, these properties have other unpaid City services and those are the assessments being collected. He said for several years, there has been a focus on rental properties and most landlords now understand they are responsible for their properties' utilities. The list also includes properties where accessing the shut-off valves is difficult, he said, such as when a car is parked over them. He said if an individual chooses not to pay for storm sewer services, the only method of collection is through this assessment process.
In response to a question by Commissioner Strand regarding the raise in cost to consumers a while back and if it had an impact on the growth in collectibles, Mr. Sprague said that is not the case at all. He said some property owners just choose not to pay their utilities and it is difficult to turn off service for everyone who does not pay and now the collection method is through property taxes. When the property owners receive the notice, he stated, a substantial increase in payments was seen and people do not want that added to their property taxes. He said the initial notice for the $318,000.00 was the first assessment sent out and before it is officially converted to an assessment, payments will be double-checked.
Commissioner Piepkorn moved the special assessments for unpaid utilities 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 La Fiesta Mexican & American Grill d/b/a Casa Mexico Taqueria Express for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by La Fiesta Mexican & American Grill d/b/a Casa Mexico Taqueria Express for a Class "F" Alcoholic Beverage License at 2511 Kristen Lane South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said this is for an existing business that wants to add an owner. He said the business holds a Class “F” liquor license, which allows for a full range of alcoholic beverages but requires food sales and prohibits a physical bar on the premises. The business was previously owned by one individual, he stated; however, a partner has since been added.
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.

Parcels of Land in Brekke 64th Avenue Addition Rezoned (1606 and 1648 64th Avenue South):
At a Hearing held on Tuesday September 2, 2025 the Fargo Planning Commission recommended approval of a change in zoning from SR-2, Single-Dwelling Residential to SR-4, Single-Dwelling Residential.
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 this is a request to rezone a 4.62-acre property for development of a new housing subdivision. It is informally referred to as Borrow Pit Park and is a large, empty lot that has been cleared and is being prepared for development, he said. The proposed plan would transform two large residential lots into a 30-lot subdivision, he stated and access to the new subdivision will be provided by an internal private drive that connects to 64th Avenue South. The roads and utilities will be maintained by the developer, he said, not the City and a key component of the plan is the addition of a four-and-a-half-foot-wide sidewalk that will wrap around the entire property. This was a specific recommendation from the Planning Commission, he said and it will connect to a nearby Shared-Use Path. He said the City received some public feedback about the project, particularly from a neighbor who had concerns about the property line. In response to these concerns, he stated, the developer has agreed to build a steel-reinforced fence along the south side of the property, between the new subdivision and the existing residences. This solution satisfies the neighbor's concerns, he said and the developer's obligation to build the fence will be documented by City staff.
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 Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Kolpack, Strand, Turnberg 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 Brekke 64th Avenue 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 a Certain Parcel of Land Lying in Brekke 64th Avenue Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

Resolution Adopted Approving Brekke 64th Avenue Addition:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Brekke 64th Avenue Addition” containing 30 Lots, 1 Block and 4.62 acres of land more or less, located at 1606 and 1648 64th Avenue South; and
WHEREAS, A Hearing was held March 4, and continued to April 1, 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 August 20 and 27, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., September 2, 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 “Brekke 64th Avenue 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.

Proposed Changes in MATBUS Passenger Fares for Metro Area Transit Approved Effective January 1, 2026:
A Hearing had been set for this day and hour to consider the following proposed changes in passenger fares for Metro Area Transit effective January 1, 2026:

Ticket Fares: Existing Proposed Change
Adults Cash Fare $1.50 $2.00 +$0.50
Discount Cash Fare (Youth/Elderly/Disabled $0.75 $1.00 +$0.25
7-Day Pass (New) Nonexistent $10.00 +$10.00
Connect Adult Fare $1.50 $2.00 +$1.00
Connect Discount Fare $0.75 $1.00 +$0.25
Connect 1-Day Pass Nonexistent $5.00 +$5.00
Paratransit Cash/Check Fare $3.00 $4.00 +$1.00
Paratransit Prepaid Coupon Book $60.00 $80.00 +$20.00
Paratransit Guest Fare $3.00 $4.00 +$1.00

Transit Director Julie Bommelman said the proposed changes to the fare structure are based on a review of other comparable transit agencies, including those in Grand Forks, Bismarck, Minot, St. Cloud, Mankato, Rochester and Sioux Falls. The analysis showed the current fare structure is more complex than it needs to be, she said; therefore, a simpler system that would be beneficial for the City and riders. She said the proposed changes are still less than double the adult cash fare, as required by law. She said Personal Care Attendants will continue to ride for free and the new fare would apply to any other guests accompanying a rider. She said this proposal is focused on cash-only fares and does not impact passes. A common concern with fare increases is a significant decrease in ridership, she said; however, Grand Forks recently raised its fares and did not see a significant decrease in ridership. She said based on industry standards, a 10% decrease in ridership is being forecasted due to these changes. Even with this anticipated drop, she said, an additional $196,000.00 in fare revenue is projected, which could change depending on any potential route adjustments. She said the proposal was presented to the MATBUS Coordination Committee on April 16, 2025 and May 21, 2025 and the Committee unanimously approved the changes.
Quincy Tellic spoke in opposition of the fare changes.
In response to a question from Commissioner Strand asking if the State Legislature pushed for increases on the financial contribution from riders, Ms. Bommelman said during conversations and trips to the State Legislature, nearly every legislator asked if fares had been increased, and if so, when and what the impact was. She said since cash fares have not been increased since 2009, raising them was one of their recommendations. In return, she said, the City did secure $424,637.00 in additional funding for this year and next year. She said the effort to educate them was worthwhile and the City is also now involved in a State study moving forward.
Commissioner Kolpack said the study will be another significant outcome of that work. Hopefully, she said, the formulas will more accurately reflect ridership by market.
In response to a question from Commissioner Strand regarding hardship programs or scholarships that could help people ride the bus, Ms. Bommelman said several programs are in place to help riders with the cost of Transit. The Opportunities Under Transit (OUT) Program, she said, developed with Federal funding more than 10 years ago, allows various agencies to pay a portion of a person's fee, meaning the rider may only have to pay a small amount such as $15.00 to $20.00 for a monthly pass. Additionally, she said, discounted fares are available for seniors (60 and older), youth and individuals with a documented disability.
Commissioner Strand moved the proposed changes in MATBUS passenger fares for Metro Area Transit effective January 1, 2026 be approved as presented.

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 on Permanent Route and Service Changes for MATBUS:
A Hearing had been set for this date and hour to consider permanent route and service changes for MATBUS.
Transit Director Julie Bommelman said several route changes are being proposed in response to rising operational costs and stagnant revenue streams. She said Transit is also closely monitoring discussions at the Federal level, as the Federal Transportation Bill is set to expire next year. There are ongoing conversations between the House, which is considering cuts to public transportation, and the Senate, which is advocating for increases, she said. Extensive research has been conducted to propose changes that would impact the fewest number of riders, she said and the final adjustments and associated costs will depend on which of these proposed changes are approved at the September 15th City Commission meeting. Transit has also conducted significant public outreach, she said and she appreciates everyone who came to tonight’s meeting to share their input and there has been considerable effort to notify riders about these potential changes. A common question Transit receives is about ridership, she stated and while this presentation has a lot of numbers, it is important to note that Transit is seeing a significant upward trend in ridership across the system, which includes Fargo, Moorhead, West Fargo and NDSU. Last year alone, there was a 3% increase in ridership, she said and there has also been continued growth in Paratransit service which is a complementary service for people with qualifying disabilities. Paratransit is the most affordable option available to many of these users, she said and it is anticipated this need will continue to grow. She said Paratransit service operates within the city boundaries of Fargo, West Fargo, Dilworth and Moorhead. She provided the following summary of route proposals:
• Route 13: Reducing the frequency from every 30 minutes to every 60 minutes, this route travels between the GTC, north on 10th Street to 32nd Avenue and then serves NDSU before returning to the GTC. This change would reduce the number of trips by about 39% from Monday to Friday.
• Route 14: The proposed change would reduce the frequency from every 30 minutes to every 60 minutes. This route travels from Downtown, south on University Drive to 32nd Avenue South. An average of 13 riders would be impacted by this change. By adjusting the route's alignment, Transit would be able to serve Elliot Place and it would then travel to the Walmart area before returning Downtown.
• Route 15: Increase the route time from 60 minutes to 90 minutes to improve on-time performance. A pilot program was implemented in May, which has been successful. Drivers have been able to stay on schedule and positive feedback from riders has been received. There is no cost impact associated with this change and this route, sometimes called the "gold star" route, travels from Downtown along 13th Avenue, serves West Acres and Walmart, and then returns Downtown.
• Route 16: The proposal is to eliminate this route entirely, as much of the area is already covered by Routes 14 and 15. This route currently travels from Downtown along 4th Street to 13th Avenue and 17th Avenue South, serving Cash Wise and the West Acres area. While ridership dropped after the removal of the Lashkowitz high-rise, after meeting with Fargo Housing it was learned they have no concerns, as Route 14 will still serve the new low-income housing development being built at the former Lashkowitz site.
• Route 18: It is proposed to end this route at the Essentia Clinic area on 32nd Avenue South and no longer serve the area to the south. It is also proposed to adjust the northern portion of the route to continue serving the Cass County Jail, a connection currently provided by Route 20. The proposed changes would impact 117 riders based on 2024 data.
• Route 20: This route serves parts of West Fargo and would be changed from a 60-minute to a 30-minute route and would only travel as far east as 42nd Street, eliminating service to the Cass County Jail. If the proposed change for Route 18 is approved, the jail would still be served.
• Route 24: This proposal is a realignment of the northern section of the route. It would no longer use the West Acres Transit hub as a transfer point and would instead utilize the Walmart shelter. This change would impact eight riders; however, it would still serve the same general areas, including Sanford Medical Center, which is a major destination for many riders.
Ms. Bommelman said other proposed changes include stopping use of the West Acres hub as a transfer point and shift that function to the Walmart bus shelter, and eliminating the Industrial Park On-Demand Service, which currently serves an average of 10-12 riders per day and is an expensive service to provide. She said it is also being proposed to eliminate Paratransit service on Sundays. This service is used by 10-12 riders on Sundays, she said, and typically for roundtrips to church or shopping. The proposed service changes have been incorporated into the 2026 Transit Department budget, she said.
Several residents shared concerns about the proposed route changes and relocation of the West Acres hub as well as the impact these changes will have on their ability to travel.
Commissioner Piepkorn said the decision to leave the West Acres hub was not the City’s decision. He said West Acres management requested that Transit relocate.
Ms. Bommelman said West Acres management does want Transit to relocate. She said a study was done about eight years ago that proposed a different location within the West Acres area; however, the costs associated with full-time security and the lease fees have become a significant factor. She said Transit has been looking at the Walmart bus stop as an alternative for a while.

Hearing on a Dangerous Building Located at 1202-1204 1st Avenue South and 103, 105 and 105 1/2 12th Street 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 1202-1204 1st Avenue South and 103, 105 and 105 1/2 12th Street South.
Inspections Director Shawn Ouradnik said this building is a two-story, 2,948-square-foot wood-frame structure built in 1915, which contains five residential units. While property taxes are current, the building has had 17 calls for service in 2025, he said and the building shows extensive damage from a fire on July 7, 2025, which caused a total loss of the basement unit and smoke damage throughout. He said this is the second fire on the property, following one in 2020. A police action on June 14, 2025, caused significant damage, he stated, including a compromised, load-bearing header over a large window, which is a major structural problem. He said other issues include: compromised and kicked-in entry doors, leading to squatter complaints; a deteriorated deck and significant wall and window damage; and signs of movement in the basement walls with some bracing in place. He said the interior shows issues with cleanliness and sanitation, and there are missing smoke detectors. Due to these problems, he said, the building meets eight of the ten dangerous building criteria. He said while electrical meters were temporarily removed after the fire, they have since been re-established. An investigation was conducted on July 10th, he said and the building was posted as a dangerous building on July 24th. He said a report for temporary safeguards was submitted by the owners on July 30th and they secured the structure the following day. He said the property owners, who have no current mortgages, have an insurance claim filed for the Police action damage and are working to secure financing for repairs. No permits have been issued yet, he said, as they are still in the clean-up and evaluation phase.
The owners of the house, Hui Lu and Sufen Mo, said the property was damaged on June 14th while they were out of the country. They said tenants sent them video showing a SWAT team had broken a large, first-floor window and the Police told the tenants they would come back to seal the window; however, no one ever did. Another tenant helped cover the window with a temporary plastic tarp, they said; however, more damage was done by homeless people entering the building. The damage is significant, they said and they have already had to ask all of the tenants to move out. Several companies have given estimates, they said, with the total cost of repairs coming to more than $31,000.00; however, insurance is only giving them $3,000.00, which will not cover the full amount. Before this incident, they said, the building was in excellent condition and the Inspections Department always found the property to be perfect and ready to rent. Now they are facing a large bill for repairs and the money received is not enough and they are struggling to figure out what to do next. They said they have been to the Police station, they have gone to the insurance company and filed a complaint with the State Insurance Commission. They said they are ready to start repairs as soon as they have enough money to cover costs.
In response to a question by Mayor Mahoney asking if the home is livable and if the house has water and electricity turned on, Mr. Ouradnik said while the house is not livable the water and electricity are currently on. He said this order will give the owners 60 days to work with their insurance company.
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 Strand. On call of the roll Commissioners Piepkorn, Strand, Kolpack, Turnberg, and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Extension Request for the Dangerous Building Located at 1102 1st Avenue South Denied:
Inspections Director Shawn Ouradnik said there is a request for an extension from AJS Ventures LLC for the property at 1102 1st Avenue South. He said this building was deemed dangerous by the City Commission on June 23rd and the owner's extension request was submitted on August 15th. He said on August 18, 2025 plans for a permit to salvage the property were received; however, the engineering and plans were not suitable for any permitting purposes and the City responded on August 21st with a list of necessary revisions. He said the original deadline was August 23rd; however, due to the fact that the owner requested an extension, the City Commission must hear him out. Revised plans were received on May 26th and included some updates, he said; however, they still lacked clarity, confirmation of necessary details and all structural plans. He said photos submitted in the packet show the property's current condition and the owner was asked to install Tyvek to prevent further deterioration; however, it was improperly installed and ineffective. He said complaints about this property continue to be received.
The owner of the property, Adam Stonestreet, said he is committed to this neighborhood and believes this property will be a positive addition to its housing options and vibrancy. When he purchased the building in 2022, he said, it was represented and used as a triplex and all records, including utilities, inspections and appraisals reflected this. When renovations began, he said, he discovered a 57-year-old record that indicated it was originally a duplex. He said that stalled the project for nearly two years as he navigated legal questions and redesigned the entire plan to meet current code, including fire, parking and structural requirements. He said he has worked with multiple architects, engineers and legal counsel to get the project back on track and the project is closer than ever to compliance. He understands the frustration of the neighbors over the property's appearance, he said and his intention has always been to rehabilitate the building properly and safely, not to cut corners. With 30 more days, he said, he is confident he can submit the final documents and begin construction. This is a small project; however, it is of great importance to the neighborhood, he said and it will eliminate blight, add housing and support Downtown's architectural character, he said.
Mr. Ouradnik said a 30-day extension would not be enough time to complete the necessary paperwork and the entire construction project. The standard procedure for extension requests is to ask for a timeframe that allows for both permitting and completion of the project, he stated, not just a partial period. He said the City has concerns about whether the project will actually be completed, given its long period of being stalled. His recommendation is to deny the extension due to the fact that he does not believe the project will move forward to completion.
Commissioner Strand moved the request for an extension for the dangerous building located at 1102 1st Avenue South be denied.

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

Update on the Communications Department:
City Administrator Michael Redlinger said the investigative report regarding the Communications Department is now public. Due to legal considerations, he said, he must ask that all comments and questions remain focused on the future and the path forward, rather than on the details of the report. He said it is confirmed that an internal employment investigation was conducted after the City received a formal complaint and related concerns. Given the scope of the issues, he said, an external investigator was brought in, which is a standard procedure for the City in these matters. He said in the interim, two excellent staff members have been appointed to serve as co-leads for the department and he is providing direct support to them to ensure a smooth transition and they have everything they need to succeed. He said the remaining Communications Team has done a great job rebalancing workloads and continuing to move important projects forward. The top priority is to prepare the department for its future and finding a new director, he said, and once a new director is in place, he will work with them to evaluate the department's operations, workload and other opportunities.
Commissioner Piepkorn said he is concerned he was not made aware of the situation and the lack of communication is troubling, it seems that City employees made these decisions independently, he said, including the significant expenditure for the outside investigation. He said he does not support continuing the Communications Department in its previous form and the budget for this department needs to be drastically reduced. He said he would like to know if a formal Request for Proposals (RFP) was issued for the investigation and who authorized the funds due to the fact that the Finance Committee did not approve this spending and that is a serious issue.
Mayor Mahoney said City policy was followed throughout this process. He said losing four people at once is a huge challenge; however, the remaining team members are working exceptionally hard to keep things running smoothly and their work is vital to the City's operations.
Assistant Human Resources Director Beth Wegman said when facing a potential investigation, the Human Resources Department always assesses the specific circumstances of the situation. In this case, she said, Human Resources worked with City Administration and decided that due to the complexity and scope of the matter, it was best to hire an external investigator rather than handle it internally.
In response to a question from Commissioner Turnberg asking why Commissioners are discouraged from asking questions for legal reasons, Mr. Redlinger said tonight's report is focused on the future of the Communications Department. He said the investigative report was conducted by a third-party investigator and its findings stand on their own and since the report is public, he is not going to discuss its contents. He appreciates the investigator's work and will use the findings to guide decisions and support the team moving forward, he said, and it is important to learn from these experiences and the information from the report will certainly inform the changes that need to be made.
In response to a question from Commissioner Turnberg asking whether the third-party investigator was supposed to be a neutral party, Mr. Redlinger said the City uses third-party investigators when a case is complex and when the City needs to ensure impartiality, or when there are concerns about internal bias. He said this approach gives the investigation the best chance for success and provides an unbiased, third-party review. He said the City has used this method in the past for other matters, as it allows investigators to use their own expertise and tactics to get to the bottom of the issues.
Commissioner Turnberg said she is concerned about the selection of the external investigator, whose background and certain comments they have made during the investigation appear biased and unprofessional. She said she also questions the decision to spend $30,000.00 on an external review, particularly when a similar issue has not been pursued for other departments with a higher number of complaints, such as the Police Department. She said it seems this situation could have been resolved internally, which might have prevented the loss of four valuable employees.
In response to a question by Commissioner Turnberg asking why there has not been an investigation done on the Police Department, Mr. Redlinger said there has not been a formal complaint regarding the Police Department that would require an external investigation. He said when selecting an outside investigator, the City works with the City Attorney's office to find qualified labor and employment law experts experienced in North Dakota law and who are available to take on the work. In this case, he said, it was determined the investigator was available, credible and well-qualified to conduct the investigation.
In response to a question from Mayor Mahoney asking about the difference between a written complaint received by the Human Resources Department and a general complaint, Ms. Wiegman said after receiving a formal written complaint from an employee, along with other related concerns, it was determined that an investigation was necessary.
Commissioner Kolpack said the Communications Department has faced significant public scrutiny for nearly two years, yet the team has continued to perform its critical, round-the-clock duties. She said the team, which is approved by both the Personnel and Finance Committees, also generates approximately $1 million annually for the City's general fund. She said it is important to remember that Governance Policies state the Commission’s oversight is limited to the City Administrator, making it inappropriate to criticize specific employees. This entire period of public criticism, she said, coupled with a lack of transparency from Administration, has been deeply demoralizing for staff across all departments. She said her review of the investigation report revealed a major failure: a concern escalated into a complaint and resignations without the involved managers being informed for five months. She said had they been notified immediately, an investigation might have been avoided and the City may not have lost dedicated employees. She said she will now work with the City Administrator to implement changes to ensure managers are given the support they need.
Commissioner Strand said as leaders, we must remember our duty to treat everyone with respect, especially during challenging times and we have failed in this instance. Instead of publicly criticizing our own people, he said, we should use internal channels to address concerns. He said airing disagreements in public reflects our own faults and the City needs to protect employees and create a more supportive environment for everyone.

Construction Update:
City Engineer Tom Knakmuhs said there have been no injuries or accidents on any City projects since the last report. He said he encourages residents to use the Fargo Streets webpage for information on current and future projects, including an interactive map that shows real-time road closures. Gateway Fiber has begun installation in South Fargo, he said, and the work is progressing from active installs to approved routes. He said residents with any concerns can contact Engineering directly. The 32nd Avenue South roadway is now closed between 18th and 22nd Street and all underground utility work is complete, he said and the contractor is on track to finish paving in the next couple of weeks. He said this same contractor is also working on concrete pavement repair on North University Drive, where two of four phases are already complete, with work now in the third phase between 28th and 32nd Avenue North. He said the Broadway railroad crossing just north of Main Avenue will be closed for about 10 days while BNSF upgrades the crossing material. Many of the street and pavement preservation projects are progressing well, he said. For new developments, he said, contractors are installing underground utilities at Selkirk 3rd Addition and concrete paving is underway at the Interstate Business District. The Southwest Metro Pond continues to be excavated, he stated and the new 32nd Avenue Storm Lift Station walls are now poured. He said it is expected the Dakota Commerce Center Phase 2 Project will start soon, NP Avenue between Broadway and Roberts Street is now fully open and the concrete pavement repair at 45th Street and 32nd Avenue South is complete.

Ashley Littlewolf and Amanda Strauss Reappointed to Native American Commission:
The Board received a communication from Mayor Mahoney recommending that Ashley Littlewolf and Amanda Strauss be reappointed to the Native American Commission.
Commissioner Strand moved Ashley Littlewolf and Amanda Strauss be reappointed to the Native American Commission for 3-year terms ending June 30, 2028.
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.

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

Resident Comments:
Robert Kost and Christopher Coen spoke.

The time at adjournment was 7:31 o’clock p.m.