Fargo City Commission - February 18, 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 3:30 o'clock p.m., Tuesday, February 18, 2025.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Turnberg, Mahoney.
Absent: Strand.
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 negotiation discussions regarding offers received from WMF Properties LLC and Hazer Ventures LLC for the acquisition of portions of the City property west of the landfill. Discussing this negotiation in an open meeting will have a negative fiscal effect on the bargaining position of the City of Fargo. An Executive Session for this matter is authorized pursuant to North Dakota Century Code §44-04-19.1, subsection 9. He said the Board of City Commissioners will also discuss in Executive Session in the Red River Room exempt records pertaining to Security System Plans as provided for in North Dakota Century Codes §§ 44-04-24 and 44-04-25. An Executive Session to discuss closed or confidential records is authorized by North Dakota Century Code § 44-04-19.2, subsection 1.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC, Section 44-04-19.1(2), subsections 1 and 9 to discuss said matters.
Second by Piepkorn. All the Commissioners present voted aye and the motion was declared carried.
At 3:35 o’clock p.m. the Board moved to the Red River Room to discuss the matters in Executive Session.
Members present were: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
The Executive Session closed at 4:50 o’clock p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present.
Mayor Mahoney presiding.
Commissioner Kolpack moved City Administrator Michael Redlinger be authorized to negotiate within the parameters as established in the Executive Session for the offers received from WMF Properties LLC and Hazer Ventures LLC.
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.
The Mayor read a message with the following information: A Cooperative Games Night for teens will be February 24th at the Main Library; the annual online “Reading is SNOW Much Fun!” Winter Reading Challenge ends March 1st; and videos were shown commemorating the ninth anniversary of the death of FPD Officer Jason Moszer and recognizing FPD Officers Andrew Dotas and Tyler Hawes, who are back on the street serving Fargo residents, businesses and visitors after 18 months of recovery.
Order of Agenda Approved:
Commissioner Strand 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 Kolpack moved that the Minutes of the Regular Meeting of the Board held on February 3, 2025 be approved as read.
Second by Turnberg. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Piepkorn moved the Consent Agenda be approved as follows:
1. Application for Abatement or Refund of Taxes #4589 for property located at 6456 56th Avenue South requesting a reduction in value for 2023 from $533,700.00 to $485,200.00; staff is recommending a reduction in value to $515,500.00 for 2023.
2. Application for Abatement or Refund of Taxes #4591 for property located at 1214 41st Avenue North requesting a reduction in value for 2023 from $505,900.00 to $450,800.00; staff is recommending a reduction in value to $450,800.00 for 2023.
3. 2nd reading, waive reading and final adoption of an Ordinance Enacting Article 3-14 of Chapter 3 of the Fargo Municipal Code Relating to Conference Center and City Lodging Tax.
4. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 20-0402(T) and 20-0403(C)(5) of Article 20-04 of Chapter 20, of the Fargo Municipal Code Relating to Use Standards and Accessory Uses.
5. 2nd reading, waive reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Beardsley’s Addition to the City of Fargo, Cass County, North Dakota.
6. 1st reading of an Ordinance Amending Section 8-0305, of Article 8-03, of Chapter 8, of the Fargo Municipal Code, Relating to Current License and Registration Required - Impoundment for Violation and Section 1-0305 of Article 1-03 of Chapter 1, of the Fargo Municipal Code, Relating to the Classification of Ordinance Violations.
7. 1st reading of an Ordinance Amending Section 25-1509, of Article 25-15, of Chapter 25, of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages.
8. Interim Financing Agreement, Series E with Garrison Diversion Conservancy District, Lake Agassiz Water Authority and City of Grand Forks for the Red River Valley Water Supply Project.
9. Extension of the Class “FA” Alcoholic Beverage License for Mexican Village II, LLP d/b/a Mexican Village until 6/30/25.
10. Applications for Games of Chance:
a. FM Walleye’s Unlimited, Inc. for a raffle 4/3/25.
b. NDSU Lions Club for a raffle 4/2/25.
c. North Central Turfgrass Association for a raffle 2/26/25.
d. Red River Volkswagen Club for a raffle 7/26/25.
e. St. Joseph’s School for a raffle 4/26/25.
f. Love Your Buns for a raffle 3/15/25.
g. Red River Valley Figure Skating Club for a raffle 3/16/25.
11. Bid award to Central Specialties, Inc. in the amount of $562,302.20 for Project No. SN-25-A1.
12. Bid advertisement for Project No. PR-25-A.
13. Bid advertisement for Project No. QR-25-A.
14. Bid advertisement for Project No. TR-25-C.
15. Bid advertisement for Project No. TR-25-D.
16. Bid award to Northern Improvement Company in the amount of $1,995,413.50 for Improvement District No. BR-25-F1.
17. Create Improvement District No. PR-25-E and adopt Resolution of Necessity (Asphalt Mill and Overlay).
18. Items from the FAHR Meeting:
a. Agreement with Rochester Armored Car Company, Inc. to include the addition of the Transit locations.
b. 2025 Program of Projects for Transit - Public Hearing to be held for final approval.
c. Agreement with the City of Moorhead for Federal Transit Grant Fund Distribution and related budget adjustment.
d. Reallocation of unspent funds from Project No. WW1707 for procurement of a hook and hoist refuse truck.
e. Additional Library security services expenses in the amount of $23,385.00 and related budget adjustment (RFP25002).
19. Change Order No. 1 in the amount of $2,883.25 for Fire Station No. 5 Renovation Project (electrical construction contract).
20. Bid award and associated Agreement for Vehicle Towing and Storage Services for the Inspections Department to Fargo Moorhead Towing of Fargo (RFP25064).
21. Resolution approving Plat of Avery Commons Addition (Attachment “A”).
22. Resolution approving Plat of Skyline Addition (Attachment “B”).
23. Submission of an application for the 2025 Digital Forensics LTP Grant Program to purchase the DATAPILOT Forensic Platform.
24. Extension of unpaid leave for Jeffery Kolrud through 3/2/25.
25. Extend the Services Agreement - Lawn Maintenance Services with Valley Green and Associates (RFP22037).
26. Extend the Services Agreement - Lawn Maintenance Services with JT Lawn Services (RFP23056).
27. Bid award to Northdale Oil, Inc. for fuel purchasing in the 3rd and 4th Quarters of 2025 and execute the Forward Fuel Contract (RFP25042).
28. Bills in the amount of $6,313,407.64.
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.
Application for Abatement or Refund of Taxes #4590 for Property Located at 6480 56th Avenue South Requesting a Reduction in Value for 2023 Denied:
City Assessor Mike Splonskowski said the property owners stated the property was reduced as part of the 2024 reappraisal efforts, which is their basis for the appeal of the previous years’ valuation. He said the owners believe the value should not swing that much from year to year, yet no other evidence was provided in support of a reduction. While he understands the concern, he stated, federal interest rates did not start rising until March 2022 and up to that time and after, there were large market increases due to low interest rates and bidding wars. The impact of the interest rate hike was not seen locally until the end of 2022 or early in 2023, he stated, where he saw the median sale price rise 11% and 12% in two consecutive years prior to 2022. He said some of the market swings were much larger than 12%, and there is evidence of more than 30% swings in one year in some markets. The 2022 sales year, he said, which the 2023 valuation was based on, was the second largest on record, with the ratio coming in at 86.6%, during which Assessors had to make large adjustments to come into compliance. Large swings in value are not only possible, he said, they are also to be expected during times of change. He said mass appraisal is not always 100% accurate to each property’s value and is used to try to ensure fairness in taxation. He said sales support a higher value than requested and comparable sales range from $289.00 to $334.00 per square foot, with the median sales price at $306.00 per square foot. The current value is $301.00 per square foot and is supported overall by the sales range, he said and comparably assessed properties range from $295.00 to $313.00 a square foot, with a median of $307.00, which supports this property’s 2023 value.
In response to a question from Mayor Mahoney asking if in 2024, the value is $402,800.00 and in 2023 the value was higher, Mr. Splonskowski said that is correct.
In response to a question from Mayor Mahoney asking how many years can a property owner go back and ask to reduce taxes, Mr. Splonskowski said two years is what is allowed and anything after two years is beyond the statute of limitations.
Commissioner Piepkorn moved, based upon Mr. Splonskowski’s recommendation, that the application for abatement or refund of taxes #4590 for the property located at 6480 56th Avenue South requesting a reduction in value for 2023 be denied.
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.
City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2025 Approved:
A Hearing had been set for this date and hour to consider the City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2024.
The Board determined that no one is present to protest thereto.
Transit Director Julie Bommelman said the Federal Transit Administration (FTA) has made available to the City $1,288,069.00 in Section 5307 funds to be used for operating and capital for Transit. She said the initial amount is a 5/12ths allocation and an estimated additional $1,803,297.00 will be allocated when the full appropriation is made available, for an estimated full allocation of $3,091,366.00. She said this is an approximate 4% increase over last year and this estimate of Federal funding was included in the 2025 City budget process. She said Transit is proposing the money be allocated between operating, planning and Paratransit and there is a Federal requirement to put 1% towards safety and security purposes.
In response to a question from Commissioner Strand asking if any of those funds are in jeopardy, Ms. Bommelman said she did ask the FTA and she was told that as of now they are not.
In response to a question from Commissioner Strand asking if that happens, what would she do, Ms. Bommelman said Transit would have to cut services.
Commissioner Strand moved the City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2025 be approved.
Second by Turnberg. On call of the roll Commissioners Strand, Turnberg Kolpack, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion as declared carried.
Parcels of Land in Grafstrom First Addition Rezoned (5401 and 5617 19th Avenue North; and 2101 57th Street North):
At a Hearing held on December 3, 2024 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to LI, Limited Industrial and AG, Agricultural.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the land is near the North Dakota Horse Park and Mid America Steel. He said there are two residences on the largely undeveloped land and those properties will remain agricultural. On the remaining land, he stated, the subdivision plat proposes to create 13 lots, which will be zoned limited industrial.
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 Certain Parcels of Land in Grafstrom First Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land in Grafstrom First 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 Grafstrom First Addition:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Grafstrom First Addition” containing 13 Lots, 1 Block and 21.88 acres of land more or less, located at 5401 and 5617 19th Avenue North and 2101 57th Street North; and
WHEREAS, A Hearing was held December 3, 2024 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 February 5 and 12, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., February 18, 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 “Grafstrom First Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.
Second by 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.
Request for Qualifications for Professional Event Curation and Management Services at the Fargo Civic Center Approved:
City Administrator Michael Redlinger said at the January 8, 2025 City Commission meeting, the Commission discussed the future of the Fargo Civic Center and at that time directed City staff to create a Request for Qualifications (RFQ) to engage organizations or individuals to program community events at the Civic Center. He said a proposed RFQ invites interested organizations and individuals to submit proposals to curate events and coordinate Civic Center activities with the City. A proposed schedule of events is contained within the RFQ, he stated, and the City Commission will approve a preferred vendor at the conclusion of the process.
In response to a question from Commissioner Piepkorn asking about the infrastructure of the building due to its age, are there some potential costs to the City, will that be a separate issue or how will that be addressed, Mr. Redlinger said he was careful in the RFQ to include language that the City is not warrantying or guaranteeing any kind of condition of the Civic. He said it is being offered in an “as is” condition and if someone looks at it and in order to make their idea work, they need to have some physical Improvements, that would have to come to the Commission for discussion. He said ideally whomever is interested can use it in the “as is” condition and the City does not intend to put any capital dollars into it. He said there will be some cost to the City such as cleaning and other services that may be necessary; however, he wants to hear from proposers first.
Mayor Mahoney said there has been interest from someone who wants to use it for pickleball courts.
In response to a question from Commissioner Strand asking what if somebody wants to buy the Civic, Mr. Redlinger said the RFQ does not contemplate a sale of the property, this is simply allowing someone to come in and operate it and work with the City to try activate it. He said if someone did propose those terms, he would bring that to the Commission for discussion.
In response to a question from Commissioner Stand asking if the RFQ does not go anywhere, does the City then look at City use of the building or with the schools or parks or some other public use or what would what would be “Plan B,” Mr. Redlinger said there will be continued needs for office space within the City, he would like to hold the upstairs office space if possible due to the fact that the Finance Department, for example, is using part of it for training. He said he would engage other public users if he thinks there could be a fit; however, ideally based on past experiences of renting out the space, a lot of time and effort went into making the space above the Civic available for other outside groups and there was not a great deal of rental income. He said he wants to hear from proposers if someone has an idea for the office space; however, he prefers to reserve as much of that space as possible for City needs first and he primarily wants to see respondents talk about the lower level and the arena.
Commissioner Kolpack moved the Request for Qualifications (RFQ) for professional event curation and management services at the Fargo Civic Center be approved and to authorize City staff to proceed with the solicitation process as described in the RFQ.
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.
Resident Comments:
None.
The meeting adjourned at 5:30 o’clock p.m.