Fargo City Commission - February 3, 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 4:15 o'clock p.m., Monday, February 3, 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 attorney consultation regarding threatened litigation pertaining to the Board of City Commissioners approval of the acquisition of a Modular Vehicle Barrier System from Advanced Security Technologies. Discussing this matter in an open meeting will have an adverse fiscal effect on the bargaining and/or litigation position of the City of Fargo. An Executive Session for this matter is authorized pursuant to North Dakota Century Code §44-04-19.1 subsections 2, 5 and 9.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC, Section 44-04-19.1(2) to discuss said matter.
Second by Turnberg. All the Commissioners voted aye and the motion was declared carried.
At 4:16 o’clock p.m. the Board moved to the Red River Room to discuss the matter in Executive Session.
Members present were: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
The Executive Session closed at 4:59 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 to reject the protest made to the City’s sole source purchase of the Modular Vehicle Barrier System and direct staff to continue to work with the seller, Advanced Security Technologies, and the City Attorney’s office to negotiate acceptable terms in accordance with the approval granted on January 21, 2025.
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: The Government Finance Officers Association of the U.S. and Canada awarded the Certificate of Achievement for Excellence in Financial Reporting to the City of Fargo for its annual comprehensive financial report for fiscal year 2023; the annual Northern Narratives 2025 writing project is accepting submissions of poetry, fiction and nonfiction writing through March 31st; a Romance Roundtable event highlighting the romance genre will be February 11th at 6 p.m. at the Carlson Library; and a portion of the State of the City video focused on the themes of vision and excellence was shown.
Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on January 21, 2025 be approved as read.
Second by Turnberg. 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. Receive and file 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.
2. Receive and file 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.
3. 1st reading of an Ordinance Enacting Article 3-14 of Chapter 3 of the Fargo Municipal Code Relating to Conference Center and City Lodging Tax.
4. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading 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 Certain Parcels of Land Lying in The Pines at the District Seventh Addition to the City of Fargo, Cass County, North Dakota.
6. Direct the City Attorney’s Office and appropriate staff to develop a Security Policy.
7. Pledged securities as of 12/31/24.
8. Gaming Site Authorizations:
a. WF Events Inc. at Spirits Lounge/Holiday Inn.
b. Harwood Area Fire & Rescue Inc. at District 64.
9. Applications for Games of Chance:
a. Brandi DesMarais Benefit for a raffle 2/23/25; Public Spirited Resolution.
b. BPOE Elks Lodge #260 for a calendar raffle from 3/1/25 to 12/26/25.
c. Fargo Elks #260 for a calendar raffle from 5/1/25 to 5/31/25.
d. NDSU Asian Student Organization for a raffle on 2/15/25.
e. North Dakota Newspaper Association for raffles on 5/8/25 and 5/9/25; Public Spirited Resolution.
f. Ronald McDonald House Charities of the Red River Valley for a raffle board on 2/8/25.
g. USA Wrestling of North Dakota for a raffle on 7/17/25.
h. Vocational Training Center for a raffle on 7/11/25.
10. Bid advertisement for Project No. PR-25-B.
11. Bid advertisement for Project No. SR-25-A.
12. Create Improvement District No. BR-25-B (Paving and Utility Rehab/Reconstruction).
13. Create Improvement District No. PR-25-C (Seal Coat).
14. Memorandum of Offer to Landowner for Permanent Easement (Street and Utility) and Permanent Easement (Utility) with Liberty Square Center, LLC (Improvement District No. PR-24-A1).
15. Items from the FAHR Meeting:
a. Receive and file Sales Tax Update.
b. Piggyback purchase through the Sourcewell Cooperative Purchasing Agreement with Great Plains Fire Equipment in the amount of $136,605.00 for 35 sets of structural firefighting turnout gear (PBC25074).
c. One-year contract extension with Assistant City Attorney Erik Johnson (EX24070).
16. Resolution adopting the 2025 Cass County Multi-Hazard Mitigation Plan (Attachment “A”).
17. Lease with ND Department of Health and Human Services.
18. Resolution approving Plat of Hawthorne Elementary Addition (Attachment “B”).
19. Resolution approving Plat of Prairie Farms Third Addition (Attachment “C”).
20. Second Addendum to Landfill Use Agreement with the City of Valley City.
21. Submission of the Transit Disadvantaged Business Enterprise (DBE) Program for 2025 to the Federal Transit Administration.
22. Contract for Services with Signal of North Dakota (RFP25002).
23. Lease Agreement with the City of Moorhead for use of the Moorhead-owned Fixed Route buses.
24. Bid award in the amount of $91,174.76 to KLJ, Inc. for Architectural and Engineering Services for the GTC deck overlay (RFP25024).
25. First Amendment to Sewer Agreement with the City of Horace.
26. Contract and bond for Project No. WW2005 (ITB24354).
27. Bills in the amount of $8,882,223.24.
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.
Committee to Create and Manage the Request for Proposals Process for a Convention Center Project Appointed:
Charley Johnson, President and Chief Executive Officer of Visit Fargo-Moorhead, said he is suggesting a list of people to be appointed to a committee that will create and manage a Request for Proposals (RFP) process for selection of a convention center project. He said funds for the project, and the use of the RFP process to select it, were approved by Fargo voters in November 2024. He said along with his suggested committee members, Assistant City Attorney Erik Johnson and City Administrator Michael Redlinger will participate, along with other City support staff as needed. When approved, he said, the committee will meet weekly to craft the RFP and the work may include a trip to one or two existing convention center operations within driving distance. He said the goal will be to submit the RFP to the City Commission for approval by the end of April 2025, and once approved, distributed to parties interested in entering a partnership with the City to build a convention center and other amenities. When the period for submission ends, he said, the committee will reconvene to review proposals and ultimately bring a recommendation to the City Commission for approval. He said he would like to recommend the following people for the selection committee: Mallari Ackerman, Director of Convention Sales, Visit Fargo-Moorhead; Clare Hughes, General Manager of the Fargo Clubhouse Inn and Suites and Visit Fargo-Moorhead Board Vice Chair; Joe Raso, President and Chief Executive Officer, Fargo Moorhead Economic Development Corporation; Shannon Full, President and Chief Executive Officer, The Chamber of Fargo Moorhead West Fargo; Katlyn Blastad, Southeast Education Cooperative Meeting Planner; Kent Kolstad, LiveWire; Emma McIntyre, Folkways; Taylor Snelling, Mezzaluna; and one City Commissioner, to be determined.
Commissioner Piepkorn said it should be all the Commissioners and the meetings should be public noticed. He said there needs to be integrity and transparency and by including all Commissioners, that will be assured. He said there have been some circumstances recently where some Commissioners were not included in activities and there are things going on in private that have to do with public trust and public dollars.
Mr. Johnson said since the committee was created by a government body, it would have to be public noticed no matter how many Commissioners serve on it.
Commissioner Kolpack said it is difficult to schedule all five Commissioners; therefore, she is concerned that having all five on the Committee will slow down the process. She said she is also concerned that one of the Commissioners serves on the Fargo Dome Authority, who may be a player in this, and she would expect a recusal during those discussions if it does come up.
Mr. Johnson said this will be an open process, that is what the residents voted for. He said he expects the Fargodome will find a private partner and submit a proposal. He said the meetings will happen weekly and whomever can come, can come and there will be a virtual option. He stated he would not cancel a meeting due to the fact that a particular person could not attend.
In response to a question from Commissioner Strand asking what the role of the City Commission will be, City Administrator Michael Redlinger said the Commission will approve the RFP, review proposals received and then approve a proposal.
Mayor Mahoney said the RFP will eventually come to the Commission for approval. He said he has concerns about all five Commissioners being involved as it will slow down the process. Once proposals come in, he stated, those will also be back to the Commission for final approval and all meetings and discussions are open and accessible to the public and there is nothing secret about what the Committee is going to do. He said he wants people to be involved, he wants developers to come forth and be a part of it. The Committee is going to talk about meeting rooms, parking, hotels, a variety of different things, he stated, which is preliminary staff work that has to be done. He said quicker decisions will happen with just one Commissioner.
Commissioner Piepkorn said if a Commissioner does not want to attend the meetings, they do not have to; however, Commissioners should be able to attend if they wish and that is the point. To say this was going to be open is hard to believe, he said, considering what he experienced recently at a homeless meeting where he learned they had been meeting for a year and he did not know about it.
Mayor Mahoney said Commissioner Piepkorn does have a conflict due to the fact that he serves on the Fargo Dome Authority and that could be viewed as a bias. He said there was one meeting with Bloomberg Commissioner Piepkorn was not part of; however, he was offered a meeting when Bloomberg came back to Fargo. He said Bloomberg does meet with staff without Commissioners present to have discussions, which is part of any work group.
Commissioner Strand said he would like to explore whether or not it is conceivable to include a performing arts center in the overall concept. He said he cannot advocate for that if he is not at the table.
In response to a question from Commissioner Strand asking if the RFP will be limited to just a convention center or is there room to expand the concept to include a performing arts center, Mr. Johnson said he definitely supports a performing arts center; however, the citizens of Fargo approved only a convention center. He said another concern is the 3% lodging tax would not raise enough money to build a combo convention center and performing arts center. The tax would only pay for about half and the rest would have to be raised philanthropically, he stated.
Commissioner Strand said he was told that everything is open, even though the specific wording on the ballot did not say performing arts center; now this is a different message. He said he is going to dig in his heels and fight for the arts community.
Mayor Mahoney said the design plans for a convention center versus a performing arts center are vastly different. He said the cost for a convention center is about $40 to $50 million and last time he looked at costs for a performing arts center, it was $60 to $70 million. He said the set-up for a performing arts center is completely different than a convention center, which is meeting rooms and exhibit space. The vote was for a convention center, he stated, and the City would be remiss if it suddenly built a performing arts center.
Commissioner Piepkorn said there needs to be clarification about the FARGODOME. Even though he is the liaison for the FARGODOME, he stated, it is an entity of the City and how will the Commission act impartially.
Mr. Johnson said he is confident the City is going to get multiple good proposals and it is going to be an extremely interesting process to see what comes forward.
In response to a question from Commissioner Strand asking if schools, park districts and universities will be involved, Mr. Johnson said those entities did not take a stand when this was proposed.
In response to a question from Commissioner Strand asking if Jade Presents will be included and what about sporting events, Mr. Johnson said perhaps some cheer and dance groups or volleyball tournaments would use the convention center; however, it is not being built as a sporting or performing arts venue. He said once the convention center is up and operating it will be open to whomever wants to rent it for whatever purpose might be suitable.
Commissioner Piepkorn moved the recommended list of committee members be approved as presented, with the addition of the City Commissioners.
Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Turnberg voted aye.
Commissioners Kolpack and Mahoney voted nay.
The motion was declared carried.
Parcels of Land in Beardsley Addition Rezoned (1142 18th Street North):
At a Hearing held on January 7, 2025 the Fargo Planning Commission recommended approval of a change in zoning from SR-3, Single-Dwelling Residential to UMU, University Mixed-Use.
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 University Mixed Use zoning district was created in 2009 and shortly after the Ordinance was adopted, an area of the Roosevelt/NDSU neighborhood was rezoned to UMU from the then-current zoning designations. He said at the time of that rezone, individual property owners were offered the chance to opt out of the rezone to UMU. The property owner at that time opted out of the zone change and retained the property’s SR-3 zoning. The current property owner is willing to make the change from SR-3 to UMU and there is no development proposed, just a change in zoning to complete the block.
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 Lying in Beardsley’s 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 Beardsley’s 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.
Surface Transportation Block Grant Application for 2027 Approved:
City Engineer Tom Knakmuhs said each year the City applies for various Federal Aid funding sources for construction projects. There are many different buckets of Federal Aid the City goes after, he stated, and some are distributed locally and a portion go through MetroCOG. He said an example would be Transportation Alternative Projects worth about $850,000.00, which the City commonly uses for shared use paths and trails. He said another example would be the Carbon Reduction Program, which is about $1.1 million annually and Fargo has used this in the past for LED light bulb replacement for street lights and for some shared use paths and trails. He said the big bucket is the Surface Transportation Block Grant (STBG) for about $10.5 million annually, which has been used for projects such as 17th Avenue South, 1st Avenue North and 32nd Avenue South. In November and December 2024, he stated, the City Commission approved the list of projects submitted for various Federal Aid buckets and one of those projects was 17th Avenue South from 25th to 38th Street and the City had planned to request STBG funds for 2029. He said he is proposing to delay that project for a year and anticipates construction in 2030. A summary of what is programmed using STBG funds in 2025, he said, includes $9.6 million in West Fargo for 9th Street Northeast from Main to 12th Avenue, and in Fargo, $156,000.00 for bridge rehab on 36th Street South. In 2026, he said, STBG funds in Fargo are programmed for 32nd Avenue South from 15th Street to the Red River and $5.4 million on 17th Avenue South from 25th Street to University Drive. In 2027, he said, Fargo has $4.16 million slated for the 40th Avenue South pedestrian bridge near Bluestem where Fargo has partnered with Moorhead, and West Fargo has a project funded on 13th Avenue South from Sheyenne to 9th Street. In 2028, Fargo has all the funds between two projects on 1st Avenue North from 10th to 3rd Street, he said. In 2029, the previously requested full allocation of $11 million is for the 17th Avenue South project from 38th to 25th Street. He said he is proposing no changes in 2025 and 2026, and in 2027, West Fargo has determined the $6.3 million programmed for 13th Avenue is not adequate; therefore, West Fargo will withdraw the application for those funds, which would be an opportunity for Fargo to go after those funds and program a project on 1st Avenue North from University Drive to 10th Street. He said there would be no change in 2028 for the remaining portion of 1st Avenue and if the City is able to do this between funding buckets in 2027 and 2028, Fargo would be reconstructing 1st Avenue North from University all the way to 3rd Street. He said the implication of that would be to delay the request for 17th Avenue South by one year. He said if this is approved by the City Commission, it will go to MetroCOG’s policy board, who ultimately makes the decision on these funds.
In response to a question from Commissioner Strand asking if any of the funds are at risk with what is going on in Washington, City Administrator Michael Redlinger said he has not received any communication from MetroCOG, the state or anyone that Federal funds used for transportation improvements are in jeopardy. He said until he hears any different, it is business as usual.
Commissioner Strand moved the Surface Transportation Block Grant Application for 2027 be approved, as presented, and the 17th Avenue South project be delayed for one year.
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 was declared carried.
Fargo Police Foundation Presentation:
Police Chief David Zibolski said the mission of the Fargo Police Foundation is to foster a stronger, safer and more connected community by supporting the Fargo Police Department in its mission.
Melissa Brandt and Christine Jaeger, members of the Fargo Police Foundation, formerly known as Badges of Unity, said the Police Department’s mission is driven by three core pillars: staff wellness, community engagement and expansion of supportive resources. They said wellness includes enhancing opportunities for physical, mental and emotional health of law enforcement professionals, ensuring a resilient and supportive police force. Building trust and positive relationships between law enforcement and the community is also part of the mission, they said, as well as providing the department with the tools, technology and training necessary to address the evolving challenges of modern policing.
Commissioner Strand said this presentation gives the Commissioners an opportunity to say “thank you” and to acknowledge the Foundation’s important work being done in the community.
Legislative Update:
Commissioner Kolpack said she was able to attend some legislative sessions and hearings recently, including testifying at the House Veterans and Government Affairs Committee on House Bill 1297, which is the attempt to eliminate Approval Voting for Fargo.
Commissioner Piepkorn said in the past, the Commission would have a matrix of the bills and would go through them and as a group decide what the Commission was going support or not support.
Mr. Redlinger said he tries to distill down the bills he thinks are unique and different and potentially going to subject the City to changes in Home Rule authority or a change in position. Of the 1,068 bills introduced, the City is tracking about 100 and where there is a question about authority and what should be said, for example on property taxes, he wants to come back to the Commission and ask what the Commissioners want to do; however, when there are bills the City has consistently opposed or consistently supported, such as funding for water projects, those have always just been the standing areas of support for the Commission. He said there are 20 bills he is looking at this week and can certainly bring those back to the Commission.
The Mayor said an electronic list of bills could be sent to the Commissioners for comment. He said the League of Cities meets every Friday, and Commissioners can be on those calls.
Commissioner Piepkorn said his main concern is Commissioners should go through the bills. He said Commissioners represent the public and he does not want some Commissioners speaking for him when he does not agree with what they say.
Commissioner Kolpack said she also sat in on a call with Senators Amy Klobuchar and Kevin Cramer and with Fire Chief Steve Dirksen and others regarding the Fallen Heroes Act, which reimburses firefighters for occupational cancer. She said that bill is making its way through the Federal system now.
Mayor Mahoney gave an update on the Red River Water Supply Project, which is the second largest water project in the State other than the Diversion, and possible funding from the State to help the City move the Engagement Center and address mental health issues.
Appointment to the Sustainability and Resiliency Committee Approved:
The Board received a communication from Mayor Mahoney recommending that Setia Hamidi be appointed as the Fargo Youth Initiative representative on the Sustainability and Resiliency Committee.
Commissioner Strand moved Setiya Hamidi be appointed as the Fargo Youth Initiative representative on the Sustainability and Resiliency Committee.
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.
Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Brandon Beliveau and Kaitlyn Schmeets, 5317 20th Street South (5 years).
b. Thomas and Carolyn Buchholz T/O/D, 3702 15th Street South (5 years).
c. Richard Lindstrom and Betty Wieland, 3671 21st Street South (5 years).
d. Melissa Burkland and Grant Syverson, 415 8th Street South (5 years).
e. JAR Properties, LLC, 2004 1st Avenue South (5 years).
f. Cole Stoll, 1806 23rd Avenue South (5 years).
g. Roger and Nancy Gress, 3114 10th Street North (5 years).
Commissioner Kolpack moved the applications 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.
Liaison Commissioner Assignment Updates:
The Commissioners gave reports on the Boards and Committees on which they serve.
Resident Comments:
Olivia Fischer spoke.
The meeting adjourned at 6:16 o’clock p.m.