Board of City Commissioners - January 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 5:00 o'clock p.m., Wednesday, January 8, 2025.
The Commissioners present or absent were as shown following:
Present: Piepkorn, Preston, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: In 2024, new construction in the City totaled $687 million; events at the Main Library include a presentation and workshop on January 11th for the National Junior Duck Stamp Art Contest and National Puzzle Day will be celebrated January 18th; the City is continuing to support the expansion of child care facilities as a member of the ND Opportunity Fund; on December 26th, bus driver Zachary Armstrong administered Narcan to a passenger who was slumped in their seat; and a video about the City’s sanitary landfill reclamation project was shown.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved adding an additional item to the Consent Agenda under No. 7 for a Games of Chance application for the ND Elite Cheer Parents d/b/a NDECP for a raffle on 1/18/25, changing the name on Item No. 34 to MBN Properties, LLC, changing the address on Item No. 38a to 1605 28 1/2 Avenue South, and adding an additional Item to the end of the Regular Agenda to consider approval of a Purchase Agreement and Earnest Money Contract with Galvanizers, Inc.

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

Minutes Approved:
Commissioner Turnberg moved that the Minutes of the Regular Meeting of the Board held on Monday, December 23, 2024 be approved as read.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

Consent Agenda Approved:
Commissioner Kolpack moved the Consent Agenda be approved as follows:
1. Letter of Support for Small Wonders Preschool & Child Care Center.
2. 2nd reading, waive reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Hal Addition to the City of Fargo, Cass County, North Dakota.
3. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Eagle Valley Fifth Addition to the City of Fargo, Cass County, North Dakota.
4. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 8-0602, of Article 8-06, of Chapter 8, of the Fargo Municipal Code, Relating to Starting, Stopping, or Turning Movements and Required Signals.
5. Second Amendment to the Findings of Fact, Conclusions and Order regarding 909 4th Street North.
6. Amend Fargo Municipal Code sections 20-0403(C)(5)(e) and 20-0402(T)(3) to comply with the North Dakota Supreme Court decision.
7. Applications for Games of Chance:
A F5 Project for a raffle on 1/27/25.
b. Fargo Air Museum for bingo on 1/23/25.
c. St. John Paul II Catholic Schools for a raffle on 1/31/25.
d. ND Elite Cheer Parents d/b/a NDECP for a raffle on 1/18/25.
8. Concur with the findings of staff and the Liquor Control Board and apply the administrative penalty of a $500.00 fine for a first failure to the liquor license violations identified at Buffalo Wild Wings-42nd Street South.
9. Concur with the findings of staff and the Liquor Control Board and apply the administrative penalty of a $500.00 fine for a first failure to the liquor license violations identified at Rick’s Bar.
10. Concur with the findings of staff and the Liquor Control Board and apply the administrative penalty of a $500.00 fine for a first failure to the liquor license violations identified at Old Broadway.
11. Concur with the findings of staff and the Liquor Control Board and apply the administrative penalty of a $500.00 fine for a first failure to the liquor license violations identified at Rhombus Guys.
12. Concur with the findings of staff and the Liquor Control Board and apply the administrative penalty of a $750.00 fine for a second failure to the liquor license violations identified at VFW.
13. Memorandum of Offer to Landowner for Permanent Easement (Sidewalk) with Christopher Sanger (Improvement District No. BR-25-B1).
14. Memorandum of Offer to Landowner for Permanent Easement (Sidewalk) with Michele Sanger (Improvement District No. BR-25-B1).
15. Memorandum of Offer to Landowner for Permanent Easement (Sidewalk) with Jonathan B. and Marie T. Offutt (Improvement District No. BR-25-B1).
16. Memorandum of Offer to Landowner for Permanent Easement (Sidewalk) with Brian D. and Rochelle S. Durgin (Improvement District No. BR-25-B1).
17. Memorandum of Offer to Landowner for Permanent Easement (Sidewalk) with Gregory C. and Renee E. Danz (Improvement District No. BR-25-B1).
18. Memorandum of Offer to Landowner for Permanent Easement (Sidewalk) with Tiffaney Marie Persson (Improvement District No. BR-25-B1).
19. Change Order No. 4 in the amount of $19,309.41 for Improvement District
No. BR-24-B1.
20. Create Improvement District No. BR-25-F (Paving and Utility Rehab/Reconstruction).
21. Negative Final Balancing Change Order No. 1 in the amount of -$89,350.42 for Project No. PR-24-F2.
22. Bid advertisement for Project No. TN-24-A.
23. Bid advertisement for Project No. SN-25-A.
24. Master Service Agreements for Electrical Services, as presented (RFP25017).
25. Items from the FAHR Meeting:
a. Receive and file Sales Tax update.
b. 2024 to 2025 Capital Fund budget rollover request from the Fire Department.
c. Piggyback purchase through the State of ND contract with AVI Systems, Inc. for the broadcast display replacement project (PBC24052).
26. Contract with Bee Seen Gear for Fire Department Service Uniforms (RFP25003).
27. Purchase of Service Agreement with Cass Human Service Zone.
28. Notice of Grant Award Amendment for Ryan White Part B Program (CFDA #93.917).
29. Health Savings Account Administrative Services Agreement with WEX.
30. Resolution approving Plat of Estes Addition (Attachment “A”).
31. Mass Transit Agreement with the City of West Fargo for 2025.
32. Bills in the amount of $8,159,535.58.

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.

Recommendation for the Alignment of the River Drive Shared Use Path Approved (Project No. SN-25-B0):
Division Engineer Jeremy Gorden said this route has been identified as a priority for decades and has been included in multiple Metro COG planning studies. He said the City has cooperated with Fargo Parks, the VA Hospital, NDDOT and Federal Highway Administration (FHWA) for the 10’ wide concrete shared use path that runs along the Red River from 15th Avenue North to Woodcrest Drive, is 1.12 miles in length and the estimated cost is $1.3 million. Funding will consist of Federal funds, City sales tax funds and Fargo Park District funds, with no special assessments, he said, and will be located on lands owned by the City, Park District and USA c/o VA Hospital. He said the path was reviewed in Metro COG studies including FM Metro Bikeways Gap Analysis, the FM Metropolitan Bicycle and Pedestrian Plan and the Red River Greenway Plan. Public input was solicited, he said, in person, at an open house, using an online format and the comments were mixed for or against the project. He said staff reviewed and revised the alignment to address concerns received from public input. He shared a map showing the original alignment and the revised alignment, stating that portions of the path were moved further from property lines and lowered in elevation while balancing the design criteria, engineering practices and minimizing costs and impacts.
Mayor Mahoney said in the original alignment neighbors had concerns that walkers would be able to see into houses from the back of properties so dropping the path 7 to 8 feet helped with that.
Commissioner Piepkorn said this opens the potential for the bike trail to go all the way north in the future, connect into Moorhead and later go all the way to Detroit Lakes.
Commissioner Piepkorn moved the proposed alignment for the River Drive Shared Use Path be approved, as presented.

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.

Renaissance Zone Project for MBN Properties, LLC Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Rehabilitation Project for MBN Properties, LLC to rehabilitate a commercial building at 701 Main Avenue.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
Planning Director Nicole Crutchfield said the application is for rehab of an existing building at 701 Main Avenue and indicates the intent to apply for historic preservation tax credits. She said the project meets all state and local requirements and is consistent with goals and objectives as established in the Fargo Renaissance Zone Development Plan. The current building value is $954,600.00, she said, and the application indicates an investment of approximately $850,000.00, which is approximately $69.00 per square foot and exceeds the minimum investment threshold as set forth in the plan. These figures do not include potential exterior work indicated on the application, she stated.
In response to a question from Mayor Mahoney asking about the rating being only 65 for what seems to be a great project, Ms. Crutchfield said it ranks that way due to the recent trend that when the Renaissance Zone plan update was done five years ago, the criteria was overshot and will be re-examined.
Commissioner Piepkorn said a letter to the editor criticized the City for selling this property; however, it was the Fargo Park District that sold it, not the City. If someone wanted to do something with it, then they could have bought it, he said. They seemed to say, he said, that it is a historic landmark and nothing should be done to it. He said it is great that the applicant proposes investing $850,000.00.
Commissioner Strand said his comments have nothing to do with the developer or the opportunity they saw. He said he feels remiss that a discussion was not done months ago. One of the most pristine, national historic properties in the City owned by the people was turned over to a private owner, he said. This is a misstep, he stated, and he is upset there was not a public discourse about an asset of this caliber and historic relevance did not even get talked about. He knows it is the Park Districts role, he said, and while he always supports Renaissance activities, he does not support where this came from and how it was handled and that the public no longer owns this spectacular, historic asset. He said it did not even go before the City’s Historic Preservation Commission. It will be a great addition when they are done, he said; however, it is a loss to the public who owned this asset.
Ms. Crutchfield said the Historic Preservation Commission is afforded its authority through the Land Development Code, which is not part of the Federal Historic Registry and its process. She said this is not a City placed historic preservation element like an historic overlay.
Mayor Mahoney said the company taking it over is respecting that it is historic and improving on it.
Commissioner Piepkorn moved the Renaissance Zone application filed by MBN Properties, LLC and property tax exemptions, State income tax exemptions, and historic preservation and tax credits, as allowed by the ND Renaissance Zone law contingent upon completion of the project and verification of cost be approved.

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

Parcels of Land in The District of Fargo Fifth Addition Rezoned (3788 55th Avenue South):
At a Hearing held on December 3, 2024 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish a C-O, Conditional Overlay.
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.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
Current Planning Coordinator Donald Kress said the applicant is seeking approval of a zone change to repeal and re-establish a C-O, Conditional Overlay on Lot 1, Block 1, The District of Fargo Fifth Addition, the proposed Conditional Overlay will revise the list of prohibited signs. He said on July 18, 2024 the applicant applied for a sign permit to build a monument sign with an electronic messaging center (EMC) on the northwest corner of the subject property. He said during review, staff found the proposed portion of the monument sign is not allowed by the C-O Conditional overlay because “animated sign” is listed under the proposed signage section. The applicant then revised their proposal to exclude the EMC from their sign and add it at a later date if they are able to change the C-O, which allowed them to receive their permit. Removing “Animated Sign” from the prohibited signage listed in the C-O will let the Land Development Code’s Sign Code (Article 20-13) regulate the electronic messaging center, he said.
Commissioner Kolpack 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 and the Planning Commission be accepted and the Zoning Change to repeal and reestablish a C-O, Conditional Overlay be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the 2024 Growth Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in the District of Fargo Fifth Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Kolpack 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 the District of Fargo Fifth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

Appropriate Staff Directed to Draft a Request for Qualifications (RFQ) for the Fargo Civic Center to be Approved by the City Commission:
Mayor Mahoney said the Fargo Civic Center presents an opportunity for reinvigoration in 2025 as an event and community space. To solicit ideas and interest from the public and outside organizations, he said, he proposes staff be authorized to develop a Request for Qualifications (RFQ) process for the curation, promotion and management of events at the Civic Center. The Civic Center has been utilized in a limited capacity over the past several years, he said, and he believes an opportunity is now present to think differently about activating the space. He said he proposes staff develop on RFQ to invite fresh thinking on event promotion and management; new staffing plan/model that utilizes an outside vendor/food and beverage services/management and a long-term operation agreement that encourages the promotion of new events. He said he would ask the Commissioners to provide perspective and ideas they believe should be included in a proposed RFQ and staff will compile feedback and draft an RFQ for consideration and approval at a future meeting in January or February. He said City Administrator Michael Redlinger will take the suggestions and bring back a formal RFQ.
Commissioner Piepkorn said this seems premature. He said the first thing should be to find out what it is going to cost if something is done with the Civic Center to modernize the infrastructure. He said a study in 2021 showed that would cost $6.1 million, which in today’s dollars is about $7.5 million just to update it to be usable. He said the City does not have money for that and there are changes that need to be done before doing an RFQ.
Commissioner Strand said it is the Board’s fiduciary responsibility to give the public as much result as possible on assets under its control. He said he welcomes this approach and would like to hear from developers what they can do and hear from the public what they would like done. He said he can envision things like a childcare mecca, but does not know if that is viable.
Commissioner Kolpack said she welcomes this approach, part of the RFQ process will be to determine what is doable in its current condition.
Mayor Mahoney said he is not asking for a major redo of the facility, he seeks ideas to go forward, and the public and developers can get involved. He said the Civic Center is an asset that can be better utilized and an RFQ allows for advice that may or may not be accepted.
Commissioner Piepkorn said the furnace system needs updating and accessibility is from 1950 and that has to be done before opening the building. He said the City does not have money, is over the fiscal cliff and is now deciding how hard it will land.
Commissioner Turnberg said she has already posed the question on social media and is getting feedback. This is a step in the right direction, she said.
Commissioner Strand moved appropriate staff be directed to draft a Request for Qualifications (RFQ) for the Fargo Civic Center to be considered and approved by the City Commission in January or February of 2025.

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.

Mark Doyle Appointed to the Liquor Control Board:
The Board received a communication from Mayor Mahoney recommending that Mark Doyle be appointed to the Liquor Control Board to replace John Stibbe who has moved out of the area and is no longer eligible to serve.
Commissioner Piepkorn moved Mark Doyle be appointed to the Liquor Control Board for a term ending July 1, 2025.

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.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
Commissioner Kolpack moved the applications be approved.
a. Thomas and Skylar Bailey, 1605 28 1/2 Avenue South (5 years).
b. Melody Merrill, 60 6th Avenue North (5 years).
c. Jeanna Beyer, 910 35th Avenue South (5 years).
d. Mark and Kristi Erickson, 1452 5th Street South (5 years).
e. Christine Rose, 1261 Broadway North South (5 years).
f. Andrew and Hailey Stein, 3119 46th Avenue South (5 years).
g. Wade and Cheryl Iverson, 2620 Parkview Drive South (5 years).
h. Michael Toomey, 3302 1st Street North (5 years).
i. Paul and Marlys Bohrer, 2828 Parkview Drive South (5 years).
j. Heather Neal, 3014 18th Street South (5 years).
k. Megan Spencer and Chris Ingenansen, 2825 37 1/2 Avenue South (5 years).
l. Jared and Abigail Hineman, 101 Meadowlark Lane North (5 years).
m. Bradley Berg and Lorie Beauchamp-Berg, 2724 38th Avenue South (5 years).
n. Hannah Briard, 2515 2nd Street North (5 years).
o. Britta Holland, 1513 11th Street South (5 years).
p. Michael and Kimberly Gruchalla, 2849 Lilac Lane North (5 years).
q. Kyle and Taylor Wieler, 105 26th Avenue North (5 years).

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

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

Purchase Agreement and Earnest Money Contract with Galvanizers, Inc:
City Administrator Michael Redlinger said negotiated terms consistent with established parameters were arrived at with Galvanizers, Inc. on December 31, 2024. He said Houston Engineering developed a survey and description for the City owned property west of the landfill. He said the parcel is 10.84 acres, the purchase price is $1,055,000.00 with $100,000.00 in earnest money. The buyer is responsible for all subdivision work, platting and entitlements with the City of West Fargo, he said, and Galvanizers has signed a purchase agreement
Commissioner Kolpack moved the Purchase Agreement and Earnest Money Contract with Galvanizers, Inc. for acquisition of a portion of City-owned property west of the landfill be approved.

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

Resident Comments:
Andrew Hennessey said emergency shelter capacity must be increased and he shared his idea of a tent encampment for 35 adults with 24/7 staff.

The meeting adjourned at 5:52 o’clock p.m.