Fargo City Commission - January 21, 2025
The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Tuesday, January 21, 2025.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.
The Mayor read a message with the following information: The Library, in partnership with local gardening group Growing Together, will offer an indoor tomato seed starting workshop on January 28th at 6 p.m. at the Carlson Library; the Northern Narratives 2025 writing project starts February 1st; Hector International Airport had its busiest year on record in 2024; residents are encouraged to vote for their favorite snow plow names and the top five names will be displayed on the City’s plows this winter; the Human Rights Commission hosted the annual MLK Day Celebration on January 20th at the Fargo Theatre; and a portion of the “State of the City” video focused on the theme of strength was shown.
Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.
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 January 8, 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 Rezoning Certain Parcels of Land Lying in The District of Fargo Fifth Addition to the City of Fargo, Cass County, North Dakota.
2. Memorandums of Understanding between United States Department of Veterans Affairs, Fargo VA Health Care System and Fargo Police Department.
3. Gaming Site Authorization for Fargo Park District Foundation at CJ’s Tavern.
4. Applications for Games of Chance:
a. Fargo Ducks Unlimited for a raffle on 2/7/25.
b. Fargo-Moorhead Symphony Orchestra for a raffle on 2/22/25.
c. Holy Spirit Church for a raffle on 2/16/25.
d. ND Nursery, Greenhouse and Landscape Association for bingo and a raffle on 1/28/25.
e. NDSU Saddle and Sirloin Club for a raffle on 2/15/25.
f. NDSU Saddle and Sirloin Club for a raffle on 3/26/25.
g. Outdoor Adventure Foundation for a raffle board on 3/22/25.
h. Vietnam Veterans of America Chapter 941 for a raffle and calendar raffle from 2/1/25-2/28/25.
i. Whitetails Unlimited, Inc. for a raffle on 2/22/25.
j. Women’s Care Center (Firstchoice Clinic) for a raffle on 2/13/25.
5. Negative Final Balancing Change Order No. 3 in the amount of -$14,885.23 for Project No. PR-24-F1.
6. Bid award to Midwest Seeding, Inc. in the amount of $89,977.00 for Project No. ER-24-C1.
7. Bid award to Master Construction Company, Inc. in the amount of $526,790.00 for Project No. UR-24-C1.
8. Create Improvement District No. BR-25-E (Paving and Utility Rehab/Reconstruction).
9. Reimbursement to Designer Homes in the amount of $18,083.00 for repair and backfill of the old borrow site located at 5865 31st Street South.
10. Agreement for Construction of Floodwall and Grant of Floodwall Easement with John and Sherian Stern for property located at 1458 South River Road.
11. Supplement No. 4 to Ground Lease with the Park District of the City of Fargo (Carlson Library and Ed Clapp Senior Center).
12. Items from the FAHR Meeting:
a. Utilization of donations received during the 2025 Giving Hearts Day campaign to replace two K-9s at the Police Department.
b. Grant Agreement with Youthworks.
c. Bid award for 2025 contracted forestry services to Cougar Tree Care, Inc., All-Terrain Grounds Maintenance and Carr’s Tree Service and related agreements as presented (RFPs 21023, 22002, 24223 and 24291).
d. Agreement with the City of West Fargo for the 12th Avenue Industrial Division, which includes a $52,843.72 payment in lieu of public dedication of parkland.
e. Allocation of $372,416.00 from the Public Safety Sales Tax for the Sole Source Procurement of a Modular Vehicle Barrier system.
f. Acceptance of up to $25,000.00 from the Organized Crime Drug Enforcement Task Forces for the reimbursement of overtime hours worked by Task Forces Detectives and related budget adjustment.
13. Change Order No. 1 in the amount of $7,763.36 for Fire Station No. 5.
14. Notice of Grant Award from the ND Department of Health and Human Services to increase the number of Farm to School/Table Programs (CFDA #93.110).
15. Interim Agreement for Health Officer Services with Dr. Jessie Lindemann.
16. Adjustment of the items to be purchased with the 2025 Project Safe Neighborhoods (PSN) Grant Program dollars.
17. Bid award and Agreement for Services with Valley Veterinary Hospital, P.C. for animal pound services (RFP25007).
18. Subrecipient Agreement with YWCA Cass Clay - 2025 Community Development Block Grant (CDBG) Funds for Emergency Shelter Facility Improvements at 3000 South University Drive.
19. Bid award to Sanitation Products in the amount of $388,956.00 for two three-wheeled mechanical street sweepers (RFP25027).
20. Bid award to Fargo Freightliner in the amount of $239,655.00 for the purchase of a heavy-duty tandem axle truck chassis with dump body (RFP24366).
21. Task Order Amendment No. 2 with Stantec in the amount of $67,289.55 for Project No. SW 23-01.
22. Task Order No. 25-01 from Stantec in the amount of $282,294.00 for 2025 General Engineering Services.
23. Interim Financing Agreement, Series E with Garrison Diversion Conservancy District, Lake Agassiz Water Authority and the City of Grand Forks for the 2023-2025 biennial work plan for the Red River Valley Water Supply Project.
24. Resolution Authorizing the Issuance and Sale of $35,000,000.00 City of Fargo Taxable Sales Tax and Water Revenue Bond for the Lead Service Line Replacement (LSLR) Project (Project No. WA2403) (Attachment “A”).
25. One-year extension to the Electrical Services Agreement with Sun Electric, Inc. for electrical services for the water utility.
26. Bills in the amount of $11,315,864.94.
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.
2024 Downtown Fargo Business Improvement District Overview:
Downtown Community Partnership Executive Director Rocky Schneider said the Business Improvement District (BID) works to improve and enhance the overall attractiveness and appeal of Downtown by making sure Downtown is clean, safe, maintained and properly promoted. He explained the history of BID in Fargo as well as BIDs mission statement, which is to improve and enhance the overall attractiveness and appeal of Downtown. He said BID staff includes an operations manager and several ambassadors in charge of cleaning, hospitality and safety and he named the members of the BID Advisory Committee. The 2024 financials were $926,408.00 in revenue received mainly from assessments, he said, and annual expenses were $925,370.00. He said expenses included services and tasks for cleanliness, safety, maintenance and beautification as well as expenses for promotion, administration and insurance. There are five zones in the BID, he stated, where services include litter control, graffiti removal, sidewalk pressure washing and weed control, as well as cleaning benches, trash cans, directory signs and cigarette receptacles, he said, and beautification tasks include winter lights, seasonal flags, flower baskets, tree trimming and shrub pruning. Different zones receive different services, he stated, depending on the assessed value. He said last year 800 pieces of graffiti were removed, 6,896 pieces of infrastructure were disinfected, there were 55 referrals made to the Mobile Outreach Unit, snow removal hours were at 500 and crews removed 14,175 pounds of recycling and 91,375 pounds of trash.
Parcels of Land in The Pines at the District Seventh Addition Rezoned (3960 53rd Avenue South):
At a Hearing held on June 4, 2024 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial with a C-O, Conditional Overlay to LC, Limited Commercial with a C-O, Conditional Overlay and MR-3, Multi-Dwelling Residential with 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.
Current Planning Coordinator Donald Kress said the applicant is requesting to split an existing lot into a three-lot subdivision.
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 and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it 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 the Pines at the District Seventh 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 the Pines at the District Seventh 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 The Pines at the District Seventh 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 “The Pines at the District Seventh Addition” containing 3 Lots, 1 Block and 11.97 acres of land more or less, located at 3960 53rd Avenue South; and
WHEREAS, A Hearing was held June 4, 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 January 8 and 15, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., January 21, 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 “The Pines at the District Seventh 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.
Ordinance Enacting Article 3-14 of Chapter 3 of the Fargo Municipal Code Relating to Conference Center and City Lodging Tax to be Placed on First Reading at the Next Regular Meeting of the Board:
Assistant City Attorney Erik Johnson said in the recent election a majority of City electors voted to approve a Home Rule Charter (HRC) amendment, which authorized the City Commission to impose an additional lodging tax of up to 3 percent on hotel and motel lodging receipts within the City. He said the lodging proceeds are authorized to be used to finance the construction of a new conference center within the City. The Ordinance provides that the proceeds from the lodging tax will be deposited into a conference center capital construction fund, he stated, and proceeds are to be utilized for construction costs at a location within the City and the tax is to be collected over a period of 25 years, among other things. HRC provisions are not self-executing, he said; rather, they must be implemented by Ordinance. In this particular case, he stated, the lodging tax HRC provision requires the City Commission to establish a Request for Proposal process (RFP) to identify a location for the conference center and as part of choosing the winning proposal and agreeing to the terms of an agreement with the successful proposer, the City Commission will consider and approve the means and methods by which a new conference center will be designed, built, financed, owned, operated and maintained. He said the actual collection of the tax may not commence and the precise term over which such collection will occur until the City Commission has identified the location for the conference center project. As a result, he said, this Ordinance does not contain a commencement date for collection of the tax nor does it identify an end date for such collection. Those details will be inserted by amendment of this Ordinance once an RFP and selection process is completed, he said.
Mayor Mahoney said Fargo Moorhead Convention and Visitor Bureau Director Charley Johnson has a clear picture of what he is looking for in a convention center and hotel. Commissioners need to weigh in and visit with Mr. Johnson, he said, due to the fact that the City Commission is going to choose what the City will get after the RFP process.
City Administrator Michael Redlinger said Mr. Johnson has collected some names of people he thinks would be willing to serve on an advisory committee; however, all of the directives and authorities will come from the City Commission.
Commissioner Strand said he would like the City to explore including a performing arts center in the conference center. He said the City has been talking about that for many years and he hopes that can be part of the conversation.
Mr. Redlinger said Mr. Johnson has been thinking about the possibility of a conference center for many years and his intention is to have an open process, seeking input from any and all proposers.
Commissioner Piepkorn moved the Ordinance Enacting Article 3-14 of Chapter 3 of the Fargo Municipal Code Relating to Conference Center and City Lodging Tax be received and filed and placed on first reading at the next Regular Meeting of the Board.
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.
Overview of Employee Exit Interviews:
Commissioner Kolpack said she requested the Human Resources Department provide an overview of the exit interview process, including steps taken if any corrective actions need to be implemented and how information is shared with respective department managers.
Human Resources Director Jill Minette said when an employee of Fargo leaves their job for any reason — be it retirement, career change or termination — the City’s Human Resources Department offers to do an exit interview with the individual. She said the optional exit interviews are offered verbally or as a written questionnaire. As the City strives to be an employer of choice in the community, she said, exit interviews continue to be an important strategic tool. Nationally, she said, about 61% of organizations offer exit interviews to departing employees and 74% use exit interviews as a tool to boost employee retention. Last year, she said, 280 employees left the City for a variety of reasons, and 60 employees filled out exit interviews. She said employee turnover numbers remain consistent over the last five years, and she does hear a lot of positives in the exit interviews. If issues arise, Human Resources meets with the employee’s supervisor to get their side of the story before working with the supervisor on an as-needed basis toward any corrective action, she said, which could include training or disciplinary action. The results of those one-on-ones with the employee’s supervisor are not included in exit interview documentation, she said. The City is committed to making improvements in areas where there are underlying issues, she stated.
Commissioner Kolpack said it is important that exit interviews are taken seriously and if there are actionable items, there needs to be continuous improvement in departments where there are concerns. She also asked that going forward, Human Resources document what action is taken based on exit interviews.
In response to a question from Commissioner Strand asking if exit interviews, personnel evaluations, employment improvement plans and similar things are open records, Ms. Minette said they are.
In response to a question from Commissioner Strand asking how does the City take exit interview information proactively so it is not easy to say “sour grapes,” Ms. Minette said organizations across the country have implemented check-ins, stay interviews and other forms of employee engagement as a way of getting information before someone is considering exiting. She said sometimes there are employees who leave under difficult circumstances; however, through check-ins, stay interviews and ongoing conversations, hopefully at the point of an exit interview it is known why an employee might be choosing to exit.
In response to a question from Commissioner Strand asking about 360 reviews where people review each other, Ms. Minette said the check-ins are intended to be two-way interactions about all aspects of employment. In a future phase of implementing the check-ins, there has been discussion about 360 reviews and if they are right for the City. She said like anything there are pros and cons, 360 reviews take a lot of training and ensuring it is constructive feedback that can be used. Check-ins versus performance reviews will encourage more conversations early on so concerns can be addressed, she said.
Mayor Mahoney said people leave jobs for many reasons and a frustration he has is if there is someone the City wants to retain, then a regular check-in should help. He said other concerns such as working hours for example can be addressed. Perhaps once a year, the Commission can get information on what is going on with employees, he stated, and at that point it can be determined if Commissioners can do anything to help support different departments.
Liaison Commissioner Assignment Updates:
The Commissioners gave reports on the Boards and Committees on which they serve.
Resident Comments:
Apostle Cizaria and Ryan Netterville spoke.
The meeting adjourned at 6:03 o’clock p.m.