Fargo City Commission

Board of City Commissioners - December 8, 2025 Minutes

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 4:30 o'clock p.m., Monday, December 8, 2025.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney announced that the Board of City Commissioners will retire into Executive Session in the Red River Room for the purpose of discussing negotiating strategy and/or providing negotiating instructions to its attorney or other negotiator regarding contractual negotiations and/or reasonably predictable litigation regarding annexation with the City of Harwood, Applied Digital Corporation and/or Fercho Properties, LLP; 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 with the City of Harwood, Applied Digital Corporation and/or Fercho Properties, LLP. 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 North Dakota Century Code § 44-04-19.1, subsections 2, 5 and 9, and North Dakota Century Code § 44-04-19.2, subsection 1.
Commissioner Piepkorn moved the Commissioners meet in Executive Session in the Red River Room as authorized by North Dakota Century Code § 44-04-19.1 subsections 2, 5 and 9 and North Dakota Center Code § 44-04-19.2, subsection 1 to discuss said matters.

Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.

At 4:31 o’clock p.m. the Board moved to the Red River Room to discuss the said matters in Executive Session.
Members present were: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.

The Executive Session closed at 4:55 p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present.
Mayor Mahoney presiding.

A video was shown recapping the Fire Academy graduation ceremony held on December 5th.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, moving Item Nos. “4” and “13” from the Consent Agenda to the Regular Agenda.

Second by Turnberg. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Kolpack moved that the Minutes of the Regular Meeting of the Board held on November 24, 2025 be approved as read.

Second by Strand. 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. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 16-0201, 16-0204, 16-0206, 16-0213, 16-0214 and 16-0216 and Repealing Section 16-0205 of Article 16-02 of Chapter 16 of the Fargo Municipal Code Relating to Waterworks System.

2. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 22-0301 of Article 22-03 of Chapter 22 of the Fargo Municipal Code Relating to Plumbing Code.

3. Findings of Fact, Conclusions and Order, and Notice of Entry of Order of the Board of City Commissioners of the City of Fargo for property located at 1544 3rd Avenue South.

4. Resolution Establishing Water Meter Charge for Failure to Replace Meter and Opt Out Charge (Attachment “A”) (moved to the Regular Agenda).

5. Applications for Games of Chance.

6. Amended Consulting Agreement with Bloomberg Consulting LLC.

7. Receive and file the fully executed Lease Agreement with Bullinger Enterprises, L.L.L.P. and City of Fargo - Resources and Recovery Center, and Fiscal Sponsorship and Administrative Fee Agreements with FM Area Foundation.

8. Agreement with Catalis Tax & CAMA, Inc. for the replacement of the Computer Assisted Mass Appraisal System (RFP25088).

9. Bid award to Q3 Contracting, Inc. in the amount of $234,808.72 for Project No. BR-27-E4.

10. Bid advertisement for Project No. FM-15-J.

11. Final Balancing Change Order No. 7 in the amount of $0.00 for Project No. NR-23-A2.

12. Negative Final Balancing Change Order No. 1 in the amount of -$8,641.80 for Project No. PR-25-B1.

13. Bridge Cost-Share Agreement with the City of Moorhead for Project No. QR-25-B0 (moved to the Regular Agenda).

14. Negative Final Balancing Change Order No. 3 in the amount of -$32,731.00 for Project No. SR-25-B1.

15. Change Order No. 1 in the amount of $34,950.00 for Project No. TM-25-B1.

16. Change Order No. 2 in the amount of $46,657.00 and a time extension to the substantial and final completion dates of 11/21/25 and 12/10/25 for Project No. UR-24-C1.

17. Negative Final Balancing Change Order No. 7 in the amount of -$194,304.38 for Improvement District No. BN-23-F1.

18. Change Order No. 3 in the amount of $15,625.38 for Improvement District No. BN-25-C1.

19. Negative Final Balancing Change Order No. 7 in the amount of -$21,859.66 for Improvement District No. BR-25-E1.

20. Change Order No. 1 in the amount of $30,195.48 and time extension to substantial and final completion dates of 10/24/25 and 5/15/26 for Improvement District No. BR-25-H1.

21. Final Balancing Change Order No. 2 in the amount of $72,846.74 for Improvement District No. PN-25-A1.

22. Final Balancing Change Order No. 2 in the amount of $57,808.58 for Improvement District No. PR-25-E1.

23. Negative Final Balancing Change Order No. 2 in the amount of -$50,212.31 for Improvement District No. PR-25-H1.

24. Direct the City Attorney to work with Engineering on possible updates to the Municipal Code Related to Event Permitting.

25. Contract and bond for Improvement District No. BN-25-F1.

16. Items from the FAHR Meeting:
a. Receive and file Sales Tax Update.
b. Budget amendment for emergency sanitary sewer line repair at the FARGODOME.
c. Fargo Moorhead Convention and Visitors Bureau 2026 budget.

17. Resolution approving Plat of Veterans Industrial Park Second Addition (Attachment “B).

18. Lease Agreement between the City of Fargo and the Office of the Adjutant General for the Fargo Regional Law Enforcement Training Center.

19. Bid award to Code 4 Services as the primary vendor with Guardian Fleet Safety as the emergency vendor for Emergency Vehicle Squad Set-ups (RFP25293).

20. Negative Final Balancing Change Order No. 4 in the amount of -$256,733.51 for Project No. SW 23-04.

21. Amendment No. 4 to Agreement between City of Fargo and First Transit, Inc. (a/k/a Transdev U.S.).

22. Task Order No. 25-03 with Houston Engineering, Inc in the amount of $121,846.00 for Project No. WA2403.

23. Resolution Prescribing Rates and Charges for Hauled Liquid Waste (Attachment “C”).

24. Amendment No. 1 to Task Order No. 14 with AE2S, LLC in the amount of $35,500.00 for Improvement District No. BN-25-F1.

25. Bills in the amount of $9,054,647.11.

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.

Parcels of Land in 45th Park Second Addition and 45th Park Sixth Addition Rezoned and a Planned Unit Development Master Land Use Plan Approved (200, 300, 330 and 400 45th Street South, and 4414 and 4428 2nd Avenue South):
At a Hearing held on September 4, 2025, the Fargo Planning Commission recommended approval of a change in zoning from LI, Limited Industrial with a C-O, Conditional Overlay and GC, General Commercial to GC, General Commercial with a PUD, Planned Unit Development Overlay, and a PUD, Planned Unit Development Master Land Use Plan.
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 a notable feature in this application is a long section of the property that is Cass County Drain No. 40, which is owned by Southeast Cass Water Resources District (SECWRD). He said the subdivision plat incorporates pieces of the 45th Street Park additions and approval of the plat also requires a subdivision waiver for the drain setback. Normally, a 175-foot setback from the drain's centerline is required when subdividing, he stated; however, due to the fact that this drain consists of two large underground pipes, staff, in collaboration with the City Engineer and SECWRD, determined the full setback is unnecessary, as sufficient access for future maintenance remains on the drain's property. He said the project is called The COVE, or the Center of Innovative Ventures and Entrepreneurs. The Master Land Use Plan is to renovate the existing building by altering the fronts, constructing an additional building on the site and potentially adding two future buildings, he said. The underlying General Commercial zone allows for commercial uses, he said, and the PUD overlay will allow for both residential and industrial uses, creating a genuinely mixed-use development. The plan also includes a flexible area in the back, he said, which could be commercial space; however, if a daycare operator is secured to serve the residents, the current parking lot in that area would be converted into a green space. The overall concept is a variety of activities encompassing working, living and commercial space, he said.
In response to a question from Commissioner Strand asking about the expectation of requesting City incentives, as well as whether incentives were involved in the initial development of the property on 45th Street, Nate Vollmuth, Goldmark Design and Development, said he did not believe any incentives were used for the initial development, which was completed around 1996. However, he said, for the current project, he anticipates applying for incentives under the City's new policy, likely a PILOT (Payment in Lieu of Taxes) for commercial redevelopment. He said the new construction and reconstruction would significantly increase the current property value, potentially doubling the tax revenue.
Commissioner Piepkorn said any incentives proposal would be evaluated under the new guidelines and he stressed the importance of incentives, saying if the City stops offering incentives, businesses will go elsewhere and residential property taxes will eventually increase to compensate. He said the return on investment for past incentives has been substantial.
Planning Director Nicole Crutchfield summarized the Land Development Code (LDC) update, which looks at incentives as a part of the full financial package and aligns with the recently adopted Growth Plan. She said this is an exciting project due to the fact that it aligns with the Growth Plan's vision for this area as a neighborhood center where the idea of living, working and playing at a higher density is exactly the type of development the City would want to incentivize.
Shannon Roers Jones, Roers Development, said the project's goal is reinventing vacant commercial office space, which has become prevalent post-COVID, into a more engaging, mixed-use environment. The COVE would include retail, restaurants, service providers and potentially a daycare, she said, and the intent is to meet the needs of both residential and commercial tenants, thereby making on-site work more enticing than remote work. She said if successful, this model could be replicated in other vacant commercial spaces throughout the region.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning, Planned Unit Development (PUD) Overlay and Planned Unit Development Master Land Use Plan 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 Certain Parcels of Land Lying in 45th Street 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 45th Street Park Second 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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in 45th Street Park Sixth 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 45th Street Park Sixth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.
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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 Plat of 45th Street Park Sixth 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 “45th Street Park Sixth Addition” containing 1 Lot, 1 Block and 13.76 acres of land more or less, located at 200, 300 and 400 45th Street South; 4414 and 4428 2nd Avenue South; and
WHEREAS, A Hearing was held September 4, 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 November 26 and December 3, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., December 8, 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 “45th Street Park Sixth 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.

Resolution Adopted Approving Plat of Borg Addition:
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of Borg Addition.
Current Planning Coordinator Donald Kress said the current zoning is Limited Industrial (LI) and will remain unchanged. This application is classified as a major subdivision, he said, due to the fact that the plat dedicates an existing street and utility easement located on the corner. Additionally, the plat establishes negative access easements, he stated, which will restrict the current open driveway access along the property's frontage to just a few designated points. He said the Plat also adds a 10-foot-wide sidewalk and utility easement along the property frontages. The planned use for the property is a towing company, he stated, which is consistent with the zoning designations.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Borg Addition” containing 1 Lot, 1 Block and 4.22 acres of land more or less, located at 2502 7th Avenue North; and
WHEREAS, A Hearing was held October 7, 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 November 26 and December 3, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., December 8, 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 “Borg 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.

Resolution of Annexation for 303.23 Acres, More or Less, in the West Half of Section 3, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota Withdrawn:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on October 1 and 8, 2025 stating that a Hearing had been set for November 10, 2025 to determine the sufficiency of any written protests against the annexation proposed as set forth in the Resolution of Annexation.
At the November 10, 2025 Regular Meeting, the Hearing was continued to November 24, 2025.
At the November 24, 2025 Regular Meeting, the Hearing was continued to this date and hour.
City Attorney Ian McLean said this involves the land located within Harwood’s extraterritorial jurisdiction (ET) that was the subject of a recent Executive Session.
Mayor Mahoney said a previous recommendation was to pursue mediation; however, the Executive Session had led to a different course of action.
In response to a question from Commissioner Strand asking what action Harwood was expected to take next, Mr. Gilmour said Harwood had already initiated an annexation, and as soon as Fargo's withdrawal was official, Harwood could quickly complete their annexation of the west half of Section 3.
Commissioner Piepkorn said his concern is fire safety and the City must insist its firefighters will not be sent to fight a fire at the proposed data center due to the fact that the facility has not undergone Fargo's standard planning process, which includes Fire Department review of the building. He said Fargo's Hazmat team is the primary responder and he will not support jeopardizing Fargo firefighters by sending them into an unknown building potentially containing dangerous chemicals. He said it is his intent to withdraw support for the mutual aid agreement with Harwood regarding this data center.
Mayor Mahoney said the withdrawal was Mr. McLean’s recommendation as a solution, which would allow Harwood to proceed without the need for a formal legal agreement with the Harwood Council.
Fargo resident Glenn Knudson spoke.
Mayor Mahoney said while many data centers use significant amounts of water, this particular center plans to recycle, making its water usage different from traditional models. He said he is concerned about the power consumption, stating that when all five buildings are complete, Applied Digital is projected to consume 20% of North Dakota's electricity. He also provided an update on the Red River Valley Water Supply Project, confirming it is 40% complete with three more bienniums anticipated for completion, having already invested between $400 and $500 million. He said if the data center were within Fargo's ET, all concerns raised, particularly those of Commissioner Piepkorn, would be addressed through Public Hearings and reviews by the City's Inspection and Fire Departments. He stated this was the core frustration, especially concerning a $100 million building containing $3 billion worth of equipment. The purpose of Fargo's annexation attempt was to bring the company to the table to mediate these concerns, he said, which the company has been unwilling to do.
Commissioner Piepkorn said he will insist that the City Attorney write a document holding the data center responsible for any potential increases in electrical rates. He also raised concerns about noise pollution, noting that a site visit at another data center revealed significant noise. He stressed the need for the Inspections Department to monitor sound levels, establish acceptable limits and define fines. He said Fargo currently treats Harwood's wastewater under an existing agreement and, in the future, Harwood will eventually have to connect to Fargo's water system, as new wells will not be permitted. He said while the immediate issue is the data center, the City must protect this growth corridor for Fargo citizens for the next 50 years.
The Mayor said Harwood currently uses Cass Rural Water, not wells, and confirmed that Fargo supplies Cass Rural Water with its source water.
Commissioner Kolpack moved the Resolution of Annexation for 303.23 Acres, More or Less, in the West Half of Section 3, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota be withdrawn.

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.

Resolution of Annexation for 256.87 Acres, More or Less, in the East Half of Section 3, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota Submitted to a Committee for Mediation:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on October 1 and 8, 2025 stating that a Hearing had been set for November 10, 2025 to determine the sufficiency of any written protests against the annexation proposed as set forth in the Resolution of Annexation.
At the November 10, 2025 Regular Meeting, the Hearing was continued to November 24, 2025.
At the November 24, 2025 Regular Meeting, the Hearing was continued to this date and hour.
City Attorney Ian McLean said Section 3 is divided into a west half and an east half. The west half falls under the Harwood ET, he said, while the east half is within the Fargo ET. The property owner of the east half, Fercho Properties, has objected to Fargo's annexation of this property and due to the fact that 100% of the property owners have objected, Fargo now has two choices, he said, either withdraw its annexation resolution or proceed to mediation with the landowner to resolve the dispute.
Director of Strategic Planning and Research Jim Gilmour detailed Fargo's infrastructure adjacent to the property and said while the area is part of the Cass Rural Water service area, Fargo's softball diamonds are located immediately to the south. Additionally, he said, along the eastern edge of the property, Fargo has utility infrastructure, including water and sewer lines, that extend along that section, making it possible for the property to easily connect to the City's services.
Commissioner Kolpack moved the matter of the Resolution of Annexation for 256.87 Acres, More or Less, in the East Half of Section 3, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota be submitted to a committee for mediation as provided for in NDCC Chapter 40-51.2.

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

Resolution of Annexation for 236.16 Acres, More or Less, in the Southeast Quarter and the East One-Half of the Southwest Quarter of Section 35, Township 141 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota Continued to December 22, 2025:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on October 1 and 8, 2025 stating that a Hearing had been set for November 10, 2025 to determine the sufficiency of any written protests against the annexation proposed as set forth in the Resolution of Annexation.
At the November 10, 2025 Regular Meeting, the Hearing was continued to November 24, 2025.
At the November 24, 2025 Regular Meeting, the Hearing was continued to this date and hour.
City Attorney Ian McLean said this particular piece of land is located north of Section 3, which was just discussed. The reason for continuing the item to a future date, he said, is to ensure that all landowners are properly served and notified of the proposed annexation. While one landowner had been served, he said, staff wanted to serve the remaining property owners to confirm that no objections are filed before the City moves forward with the annexation process.
Commissioner Kolpack moved the Hearing be continued to 5:05 p.m. on Monday, December 22, 2025.

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

Construction Update:
City Engineer Tom Knakmuhs said the past construction season for the City saw successful completion of all planned work and there were no injuries or accidents on any City projects. He said the construction scope covered approximately 12 miles north to south and 6 miles east to west. There were 31 construction contracts awarded, he stated, valued at just under $92 million. He said the key infrastructure replacements included more than a mile of sanitary sewer mains, nearly three miles of water main, 75,000 square yards of concrete pavement, 758,000 square yards of asphalt seal coating and 58,000 tons of asphalt paved. Project highlights included new developments such as Interstate Business District and Dakota Commerce Center North Second Edition in North Fargo and the high-demand residential development at Selkirk Place Third Edition in South Fargo, he said. Infrastructure preservation was a focus this year, he said, highlighted by the concrete pavement rehabilitation on 45th Street to extend the life of the infrastructure and the ongoing reconstruction in the Longfellow-Woodcrest neighborhood. He provided a historical comparison using the NP Avenue Project (Broadway to 8th Street), which replaced sanitary sewer infrastructure dating back to 1893 and water mains from 1912. He said the original 1893 sanitary sewer project cost $1,690.00, while the modern cost to simply remove two of those original manholes was $1,353.00 and the total 2025 sanitary sewer portion cost $226,000.00, illustrating the drastic change in construction costs. He noted the historical significance of the records retained by the Engineering Department and mentioned staff members occasionally find artifacts such as glass bottles and trinkets, especially in the Downtown area. He said the Engineering Department’s dedication and oversight ensures residents receive long-lasting infrastructure.

City of Fargo Total Compensation Philosophy and Strategy Approved:
Human Resources Director Jill Minette said the City is formally adopting a Total Compensation Philosophy to guide all decisions related to employee compensation and benefits, moving beyond historical practices of simply matching the market. She said the philosophy is driven by the goal of making Fargo an employer of choice by ensuring compensation and benefit systems are both equitable and comprehensive. This involves two key processes, she said: using an internal job evaluation to establish internal equity and utilizing market surveys to ensure competitive pay within the relevant labor market, all while aligning with the City's financial position. The City aims to be a competitive employer by keeping pay at market, which means within 95% to 105% of the average market target. The City analyzed applicant data, she stated, which showed most applicants come from North Dakota (71%), Minnesota (20%) and other regions (9%). She said to create the final list of peer cities for comparison, Cabinet members ranked 38 Midwestern cities based on factors such as population and operational size. She said this process resulted in 20 benchmark cities across seven states to be used for regional compensation and benefits surveys. She said the City has outlined its future work, planning a comprehensive regional compensation and benefits survey for all department groups in early 2026. This newly collected market data will be crucial in informing a planned review and potential revision of the overall pay structure, she stated, with any proposed changes requiring alignment with the City's budget.
Commissioner Kolpack said the compensation philosophy must be a living document and she requested the incorporation of employee feedback gathered from upcoming input sessions, noting the pay and benefits were the top concern identified in a recent Employee Survey. She also asked for the addition of clear metrics and goals for variable pay components, such as longevity and shift differential with development of an associated personnel strategy to model and ensure the long-term, sustainable financial support for any future policy adjustments. She said she is committed to bringing this topic back for regular updates to ensure accountability and the continuous inclusion of employee feedback and resulting action plans.
Commissioner Strand said due to current fiscal constraints and limited new hiring, the compensation focus has appropriately shifted to supporting and retaining the current workforce, which is critical while still maintaining a competitive pay structure for inevitable future hiring needs. He said Fargo is emphasizing that prioritizing the existing employees is vital.
Commissioner Kolpack said not all employee benefits need to involve direct compensation costs; instead, the City should be creative and utilize employee feedback to address crucial aspects such as work-life balance, and reviewing practices such as leave accruals, which have not been examined in some time. She said employee input is invaluable for exploring different options and considering a paradigm shift in how the City approaches these ancillary benefits.
Mayor Mahoney said he is urging a serious review of employee suggestions found in the comments section of the survey, noting that many of these ideas could offer different and helpful ways to incentivize and enhance employee retention.
Commissioner Kolpack moved the City of Fargo Total Compensation Philosophy and Strategy be approved.

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.

Discussion Regarding Public Comment Policy: City Attorney Directed to Draft a Motion for the December 22, 2025 Regular Meeting That Would Restrict Public Comments to Agenda Items:
City Administrator Michael Redlinger said at the November 24, 2025 City Commission meeting, the Commission requested time at its next meeting to discuss the City of Fargo Public Comment Policy. The City provides an opportunity for public comments at all governing body meetings per the provisions of SB 2180, he said, which was approved in the 2025 Legislative Session. The Commission discussed public/resident comment policies, virtual meeting participation and other topics related to public meeting participation on November 24, 2025, September 15, 2025 and November 25, 2024. He said a meeting in 2018 established a Broadcast Policy for the Commission Chambers. He said he is seeking the Commission’s directives and based on that, staff would return with any requested modifications or changes. If no changes were requested, he stated, the status quo, televising public comments at the end of meetings, allowing for virtual participation and permitting individual comments on specific items, would continue.
Christopher Coen and Olivia Fischer spoke.
Commissioner Turnberg said she has discussed this topic with other local cities where comments are restricted to agenda items and she supports focusing comments strictly on any City of Fargo item. She said it is inappropriate to bring up, for example, school issues to the City Commission, just as it would be inappropriate to bring City Commission issues to a Park Board meeting, citing each body's separate jurisdiction. She stated that focusing on Fargo issues, rather than Palestine and other global issues, does not impede free speech; rather, it maintains decorum and keeps the meeting focused on its intended targets. She said she agrees to have staff and City Attorney Ian McLean research a motion to address this. The goal is not to squash anyone's ability to speak, she said; however, decorum needs to be maintained by preventing fake names and outbursts. She said the City is already exceeding what is legally required.
City Attorney Ian McLean said the City goes above and beyond what is required by law, which mandates only public comment on the current agenda and at least one prior agenda. He said a motion could be introduced to revert to the State's minimum recommendation, which the Commission could then discuss.
Commissioner Kolpack said she is comfortable with the current policies, which include allowing 12 general comments at two and a half minutes each at the end of every meeting. She felt that most people generally abide by the guidelines of keeping comments germane to the City.
Commissioner Piepkorn said the City Commission is a business meeting to conduct agenda items, suggesting that a space for discussing general topics might need to be created elsewhere. He acknowledged that citizens of Fargo may want to address topics important to them; however, he stressed the importance of focusing on issues the Commission is actively working on. He said people who call in have much less impact on him than those who appear in person, as coming in person takes courage and demonstrates more commitment.
Commissioner Strand said some boards and commissions are currently meeting without recordings, which a citizen has raised concerns about.
Mayor Mahoney said no action or motion was needed tonight and he instructed Mr. McLean to bring back a motion that restricts public comment to agenda items.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Luke and Madison Morman (5 years).
b. Benjamin and Rachael Kohlhaas (5 years).
Commissioner Kolpack moved the applications be approved.
Second by Strand. On call of the roll Commissioners Kolpack, Strand, Piepkorn, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resolution Establishing Water Meter Charge for Failure to Replace Meter and Opt Out Charge Adopted (Moved from the Consent Agenda):
Public Works Director Ben Dow said the new water meters offer significant benefits, providing detailed information on water usage, such as when residents are running sprinkler systems or if an individual has a leak, such as a constantly running toilet. The project has been successful so far, he said, with approximately 65% of the 30,000 meters across Fargo installed in about a year and a month. Residents have done well in scheduling the appointments, he said; however, as the project nears completion, the department anticipates a holdout of about 20% of residents who either refuse to participate or will not schedule an appointment. For these non-compliant residents, he said, the department aims to at least replace the old meter with a new one, even if it lacks the radio technology. After reviewing practices across the country, staff is proposing an opt-out option, he stated, which is included in the Resolution along with associated fees. For those who remain non-responsive after two or three additional mailings, he said, the department is seeking Commission approval to apply a one-time, $50.00 charge on a resident’s monthly water bill as encouragement for them to finally contact the City. The primary goal is to work with residents, not penalize them, he said. Additionally, staff is asking for authorization to charge a $30.00 per month fee for residents who formally choose to opt out, he said. This fee is necessary due to the fact that the project was predicated on eliminating the need for meter readers to walk the streets and collect data, he said. If pockets of non-compliant residents remain, he said, the City will have to continue employing meter readers, along with providing a vehicle and specialized equipment, to manually collect data, which the monthly fee is intended to cover. The opt-out process will involve having the resident sign a document agreeing to the terms, he said, particularly if they are hesitant due to concerns about radio frequencies or health. The Resolution includes an amendment to the municipal code and establishes the associated fees, he said.
Commissioner Strand said he requested this item be moved to the Regular Agenda solely to ensure the public hears this information again, emphasizing the need for cooperation and reminding them of the unfolding process and timeline.
Mr. Dow said his department is in the final round of three letters to every resident and will send an additional educational letter before sending a final letter notifying non-compliant residents that the $50.00 charge will be assessed if they do not comply by a certain date. The goal is to finish the large-scale project to realize the projected savings by eliminating meter reader positions and reassigning those employees to other departments, he said.
Commissioner Strand moved the Resolution entitled "Resolution Establishing Water Meter Charge for Failure to Replace Meter and Opt Out Charge" and referred to as Attachment "A" be adopted and attached hereto.

Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Piepkorn, Kolpack, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Bridge Cost-Share Agreement with the City of Moorhead for Project No. QR-25-B0 Approved (Moved from the Consent Agenda):
Commissioner John Strand said his intent for moving this item to the Regular Agenda was to confirm the Commission's unanimous support for this, contrasting it with the Downtown pedestrian bridge project that was ultimately abandoned. He said he is excited for the project, viewing it as one the City will be glad it pursued and he wants to formalize the vote for the record.
City Engineer Tom Knakmuhs said the current project involves a $1.5 million Federal Rebuilding American Infrastructure with Sustainability and Equity grant (RAISE) the City received to cover the environmental documentation and final plans for the 12th Avenue Bridge over the Red River. This planning process is essential to gather the necessary information to apply for a subsequent Federal construction grant, he said. This Agreement pertains solely to the Engineering portion, he said and due to the fact that there were items outside the original scope discovered during the environmental process, staff sought an Agreement with the City of Moorhead to establish a funding mechanism for any costs that exceed the $1.5 million grant. He said he anticipates returning in two weeks to provide updates on both the 12th Avenue Bridge and the 40th Avenue Pedestrian Bridge.
In response to a question from Commissioner Piepkorn asking about its flood stage closure level, Mr. Knakmuhs said 24 feet. He said the critical issue is that this bridge, which serves northside residents, becomes impassable during a flood fight, particularly an epic flood fight at 35 to 37 feet. The importance of the current effort is that a replacement 12th Avenue Bridge would be floodproof, ensuring essential north-south connectivity throughout the City during major flood events. The RAISE grant funded the initial Federal planning, he said and future construction would involve a combined effort of Federal money, historically up to 90%, along with contributions from the States of Minnesota and North Dakota and the Cities of Moorhead and Fargo. Completing the engineering is the crucial first step to proceed with future construction plans, he said.
Commissioner Strand moved the Bridge Cost-Share Agreement with the City of Moorhead for Project No. QR-25-B0 be approved.

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.

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

Public Comments:
Olivia Fischer and Christopher Coen spoke.

The meeting adjourned at 6:35 o’clock p.m.