Fargo City Commission - July 7, 2025
Regular Meeting: Monday, July 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 4:00 o'clock p.m., Monday, July 21, 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 Commissioners will retire into Executive Session in the Red River Room for the purposes of discussing negotiation strategy, to provide negotiating instructions to the City’s attorney or other negotiator regarding various and separate pending or potential contracts for the sale of land by the City located west of the landfill, said separate contracts being between the City and Galvanizers, Inc.; WMF Properties, LLC; Hazer Ventures LLC; Thor Investments, LLC; and ARD Properties, LLC; regarding litigation pertaining to 501 Main Avenue and to discuss negotiating strategy or provide negotiation instructions to its attorney, 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 reasonably predictable and/or threatened litigation by Northdale Oil, Inc. and its affiliate Eastdale, LLC, and to discuss negotiating strategy or provide negotiating instructions to its attorney or other negotiator regarding the reasonably predictable or threatened litigation, and to receive its attorney’s advice and guidance on the legal risks, strengths and weaknesses of an action of a public entity. Discussing these matters in an open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City; thus, an Executive Session for these matters 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 subsections 2, 5 and 9 to discuss said matters.
Second by Turnberg. All the Commissioners voted aye and the motion was declared carried.
At 4:03 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 4:53 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 in accordance with the terms discussed in Executive Session, the City Administrator is authorized to finalize any necessary verbiage in the agreement and to make the counteroffer, and the Mayor is authorized to sign the counteroffer, with the understanding that if it is accepted by the buyer the agreement will then be brought back to the City Commission for receipt and filing.
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.
Commissioner Piepkorn moved to direct the City Attorney to work with the City Auditor to prepare a draft Ordinance for the City Commission’s consideration creating a new liquor license classification authorizing the licensee, upon annexation, to sell off-sale only.
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.
A video was shown featuring the Assessors Department and Appraiser Brenda Sommer received the “Rising Star” award.
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 July 7, 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. Receive and file an Ordinance Amending Article 11-04 of Chapter 11 of the Fargo Municipal Code Relating to Automobiles and Personal Property.
2. 2nd reading, waive reading and final adoption of an Ordinance Amending Sections 21-0601, 21-0602, 21-0603, 21-0604 and Enacting Sections 21-0601.1 and 21-0605 of Article 21-06 of Chapter 21 of the Fargo Municipal Code Relating to Flood Plain Management; 1st reading 7/7/25.
3. 2nd reading, waive reading and final adoption of an Ordinance Amending Ordinance
No. 5464 Pertaining to Zoning of The Pines at the District Seventh Addition to the City of Fargo, Cass County, North Dakota; 1st reading 7/7/25.
4. 2nd reading, waive reading and final adoption; 1st reading, 7/7/25 of the following Ordinances:
a. Enacting Section 8-1322 of Article 8-13 of Chapter 8 of the Fargo Municipal Code relating to Traffic Code.
b. Amending Section 1-0305(C)(7) and adding Section 1-0305(C)(14) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
5. 2nd reading, waive reading and final adoption; 1st reading, 7/7/25 of the following Ordinances:
a. Amending Sections 8-1006 and 8-1006.2 of Article 8-10 of Chapter 8 of the Fargo Municipal Code Relating to Parking Regulations.
b. Repealing Section 8-1025 of Article 8-10 of Chapter 8 of the Fargo Municipal Code Relating to Parking Regulations.
c. Repealing Sections 18-0505, 18-0506, 18-0507, 18-0508, 18-0509, 0510,18-0511, 18-0512 and 18-0513 of Article 18-05 of Chapter 18 of the Fargo Municipal Code Relating to Public Ways and Places.
6. 2nd reading, waive reading and final adoption; 1st reading, 7/7/25 of the following Ordinances:
a. Amending Sections 10-0322 and 10-0322.1 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Harassment and Harassment - Hate Crime.
b. Amending Section 10-0103 of Article 10-01 of Chapter 10 of the Fargo Municipal Code Relating to Sale of Tobacco to Individuals Under Twenty-One (21) Years of Age and Use and Possession by Individuals Under 21 Years of Age Prohibited.
c. Amending Section 8-0610 of Article 8-06 of Chapter 8 of the Fargo Municipal Code Relating to Rotary Traffic Islands.
d. Amending Section 08-0313 of Article 08-03 of Chapter 8 of the Fargo Municipal Code Relating to Careless Driving and Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
e. Amending Section 8-0309 of Article 8-03 of Chapter 8 of the Fargo Municipal Code Relating to Driving while License Suspended or Revoked - Impoundment of License Plates and Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
f. Enacting Section 10-0502 in Article 10-05 of Chapter 10 of the Fargo Municipal Code Titled Proof of Identification in Licensed Premises.
g. Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
h. Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
i. Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
7. 2nd reading, waive reading and final adoption; 1st reading, 7/7/25 of an Ordinance Rezoning Certain Parcels of Land Lying in Prairie Crossing Addition to the City of Fargo, Cass County, North Dakota.
8. Resolution Establishing the Wildlife Management Program for the 2025-2026 season (Attachment “A”).
9. Resolution Concluding the Sustainability and Resiliency Committee Effective December 31, 2025 (Attachment “B”) and waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Repealing Article 5-04 of Chapter 5 of the Fargo Municipal Code Relating to Fargo Police Advisory and Oversight Board.
10. Applications for Games of Chance:
a. EagleRidge Legacy Fund, Inc. for a raffle on 7/24/25.
b. El Zagal Shrine Temple for a calendar raffle from 1/1/26 to 6/30/26.
c. Fargo South High School for a raffle from 9/5/25 to 5/15/26.
d. Healthcare Equipment Recycling Organization (HERO) for a raffle on 9/26/25.
e. Lend a Hand Up for a raffle on 8/13/25.
f. Red River Zoo for a raffle on 8/22/25.
g. Tri-City United Soccer Club for a raffle on 8/12/25.
h. YWCA Cass Clay for a raffle on 9/4/25.
11. Gaming Site Authorization for Fargo Youth Hockey Association at Bar 209.
12. Pledged securities as of 6/30/25.
13. Memorandum of Understanding between Fargo Dome Authority and NDSU.
14. Second Amendment to the 2005 Agreement with the City of West Fargo (Improvement District No. PR-25-I1).
15. Final Balancing Change Order No. 1 in the amount of $28,173.98 for Improvement District No. BN-24-C1.
16. Change Order No. 3 in the amount of $4,730.00 for Improvement District No. BN-24-B1.
17. Bid award to Paras Contracting, Inc. in the amount of $954,313.30 for Improvement District No. BR-25-H1.
18. Create Improvement District No. BN-25-C and adopt Resolution of Necessity (New Paving and Utility Construction).
19. Permanent Easement (Alley) with James R. and Leighann N. Knopp (Project No. AN-19-A1).
20. Permanent Easement (Alley) with Michael L. and Barbara A. Stenberg (Project No. AN-19-A1).
21. Permanent Easement (Alley) with Harold and Lila D. Unruh (Project No. AN-19-A1).
22. Permanent Easement (Alley) with Randy and Wendy Iwerks (Project No. AN-19-A1).
23. Bid award to Cobalt Coatings in the amount of $72,450.00 for Project No. TR-25-E1.
24. Memorandum of Offer to Landowner, Permanent Easement (Street and Utility) and Easement (Temporary Construction Easement) with M&P Holdings LLLP (Improvement District No. BN-25-C1).
25. Items from the FAHR Meeting:
a. Request for a reduction of one full-time regular position of Home Health Aide.
b. Donation in the amount of $1,564.56 to the Red River Valley SWAT team to cover entry fees, per diem and lodging for the Superior Sniper Competition.
c. Grant Award and Acceptance for the FY24 State and Local Cybersecurity Grant Program under CFDA #97.137 in the amount of $202,680.00 and related budget adjustments.
26. Bid award to AchieveIt for Strategy Management Software and Consultant Services (RFP25146).
27. Notice of Grant Award from the ND Department of Health and Human Services for State Aid to Local Public Health.
28. Notice of Grant Award from the ND Department of Health and Human Services for Increasing Immunization Rates (CFDA #93.268).
29. Notice of Grant Award from the ND Department of Health and Human Services for State Aid Regional Environmental Health Services.
30. Fargo Public School District and Fargo Cass Public Health Contract for Services.
31. Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs 2025-2029 HUD Consolidated Plan including 2025 HUD Action Plan and Budget, and Amendments to the 2023 Action Plan and 2024 Action Plan.
32. Bid award to OK Tire for tires and tire services (RFP25161).
33. Bid award to Northdale Oil, Inc. for fuel purchasing in the 1st and 2nd Quarters of 2026 and execute the Forward Fuel Contract (RFP25203).
34. Contract with Compass Minerals Inc. for Bulk Highway Deicing Salt (RFP25165).
35. Amendment No. 2 to State Contract No. 283 (Paratransit Software) with Via Mobility LLC.
36. Resolutions Authorizing the Issuance and Sale of $20,000,000.00 City of Fargo Sales Tax and Sewer Revenue Bonds for Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) (Attachments “C” and “D”).
37. Bills in the amount of $14,621,042.61.
Introduction of the New Fire Chief:
Mayor Mahoney introduced Gary Lorenz, who is the new Fire Chief, replacing Steve Dirksen who retired in May. He said the Fire Department welcomes back one of its own and the City is excited for his return and his continued service to the Fire Department and community.
Commissioner Kolpack administered the Oath of Office to Fire Chief Lorenz. She congratulated him and said the City Commission wishes him the best in his new role and on his return to the City of Fargo.
Hearing on a Dangerous Building Located at 2826 12th Street South Withdrawn:
This item was withdrawn.
Resolution Adopted Determining Protests Insufficient on Resolution Annexing 87.89 acres, more or less located in a part of Section 10 and Section 15, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota (4370 52nd Avenue North; 4300, 5001 and 5115 County Road 81; 4821-4943 43rd Street North; 4349 and 4350 48th Avenue North):
A Hearing had been set for June 23, 2025 to determine the sufficiency of any written protests against the proposed annexation.
At the June 23, 2025 Regular Meeting the Hearing was continued to July 7, 2025.
At the July 7, 2025 Regular Meeting the Hearing was continued to this day and hour.
Current Planning Coordinator Donald Kress said on May 12, 2025, the City Commission adopted a Resolution to annex approximately 87.89 acres of land within the City's four-mile extra-territorial jurisdiction along County Highway 81 North of County Highway 20 (40th Avenue North) in order to bring these parcels into the City limits now that City utilities are available in this area. All parcels are developed except the parcel at the south end, he stated, which is the subject property of a pending subdivision, Northdale First Addition. The developed properties are all zoned LI, Limited Industrial, he said and the Northdale First Addition is also proposed to be zoned LI and the annexation includes a portion of Cass County Highway 81. The purpose of this Hearing is to determine if protests to the annexation have been filed, he said and in the absence of protests filed by the owners of more than one-fourth of the territory proposed to be annexed as of the date of adoption of the Resolution, the territory described in the Resolution becomes a part of the City of Fargo. The deadline for submittal of protests was June 20, 2025, he said and as of that date, one protest had been received, which did not exceed the sufficiency of protests threshold stated in North Dakota Century Code Section 40-51.2-07(1)(c).
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, the City of Fargo, Cass County, North Dakota, is a municipal corporation, organized and existing under the laws of the State of North Dakota, with approximately one hundred thirty-three thousand one hundred eighty-eight (133,188) inhabitants; and
WHEREAS, there is contiguous and adjacent to the City of Fargo, a tract or parcel of land hereinafter specifically described, containing approximately 87.89 acres, more or less, which tract or parcel of land is not presently a part of the City of Fargo.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners of the City of Fargo, North Dakota, that the boundaries of the City of Fargo be, and they hereby are, extended so as to include and incorporate within the corporate limits of the City of Fargo, Cass County, North Dakota, all the land described as follows:
That part of Section 10 and Section 15, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota, more particularly described as follows:
Beginning at the southeast corner of the Southwest Quarter of said Section 10; thence northerly on the existing City of Fargo Corporate Limits as shown on the City of Fargo Annexation Plat document 1096475 on file and of record in the Cass County Recorder's Office, also being the east line of said Southwest Quarter, to a point on a line parallel with and 100.00 feet northerly of, as measured perpendicular to, the south line of said Southwest Quarter; thence westerly on said line parallel with the south line of said Southwest Quarter to a point on the easterly right-of-way line of the BNSF Railway; thence southeasterly on said easterly right-of-way line of the BNSF Railway to the most northerly corner of the existing City of Fargo Corporate Limits as shown on document 1688513 on file and of record in the Cass County Recorder's Office; thence continuing on the existing City of Fargo Corporate Limits as shown on said document 1688513 on the following three courses; thence South 29°05'19" East, a distance of 4660.20 feet; thence South 79°10'53" East, a distance of 540.52 feet; thence North 87°58'51" East, a distance of 208.09 feet to a point on the westerly line of the existing City of Fargo Corporate Limits as shown on the City of Fargo Annexation Plat document 1637528 on file and of record in the Cass County Recorder's Office, also being the westerly right-of-way line of County Highway 81; thence continuing on the existing City of Fargo Corporate Limits as shown on said document 1637528 on the following four courses; thence northerly along a nontangential curve, concave to the southwest, having a radius of 1332.69 feet, a central angle of 42°49'16" and a chord bearing of North 38°41'30" West; thence North 60°06'04" West, tangent to the preceding curve, a distance of 499.80 feet; thence on a tangential curve to the right having a radius of 1532.69 feet and a central angle of 6°13'49"; thence North 35°43'11" East, a distance of 200.00 feet, to a point on the westerly boundary of the existing City of Fargo Corporate Limits as shown on the City of Fargo Annexation Plat document 1604271 on file and of record in the Cass County Recorder's Office, also being the easterly right-of-way line of said County Highway 81; thence continuing on the existing City of Fargo Corporate Limits as shown on said document 1604271 on the following five courses; thence on a nontangential curve, concave to the northeast, having a radius of 1332.69 feet, a central angle of 24°42'29" and a chord bearing of North 41°27'19" West; thence North 29°06'04" West, tangent to the preceding curve, a distance of 208.50 feet; thence South 60°53'56" West a distance of 40.00 feet; thence North 29°06'04" West a distance of 168.47 feet; thence North 02°45'09" West, a distance of 1235.96 feet, to the southwest corner of the existing City of Fargo Corporate Limits as shown on document 1689684 on file and of record in the Cass County Recorder's Office; thence North 02°45'09" West, on the westerly line of said existing City of Fargo Corporate Limits as shown on said document 1689684, a distance of 1903.41 feet to the point of beginning.
Second by Turnberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Turnberg, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Parcels of Land in Northdale First Addition Rezoned (4300 County Highway 81 North):
A Hearing had been set for June 23, 2025 to consider a change in zoning from AG, Agricultural to LI, Limited Industrial with a C-O, Conditional Overlay.
At the June 23, 2025 Regular Meeting the Hearing was continued to July 7, 2025.
At the July 7, 2025 Regular Meeting the Hearing was continued to this day and hour.
Current Planning Coordinator Donald Kress said this property is the same as the one just annexed in the previous Public Hearing and is a minor subdivision. He said the site was previously home to Generous Jerry’s Fireworks and it is currently zoned Agricultural, with the proposed zoning to be Limited Industrial with a Conditional Overlay, which addresses signage and limits certain incompatible uses. He said the Plat creates one lot and one block, and there is also a signed Proximity Agreement related to the Airport and nearby sewage lagoons and is a standard agreement for properties in this area.
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 Turnberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Turnberg, Kolpack, 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 Northdale 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 Lying in Northdale First Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.
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.
Resolution Adopted Approving Northdale 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 “Northdale First Addition” containing 1 Lot, 1 Block and 13.77 acres of land more or less, located at 4300 County Highway 81 North; and
WHEREAS, A Hearing was held September 5, 2024, and continued to October 1, 2024, November 5, 2024 and February 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 June 11 and 18, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., June 23, 2025, at which time said Plat would be considered and all interested persons would be heard. At the June 23, 2025 City Commission meeting the Hearing was continued to July 7, 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 “Northdale 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 Turnberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Turnberg, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Resolution Adopted Approving a Vacation Plat of a Portion of 50th Avenue North and 43rd Street North Right-of-Way Adjacent to Lots 7-12, Block 4 and Lots 6-11, Block 2, North 81-20 Subdivision and Lot 1, Block 2, North 81-20 Second Subdivision (5001 County Road 81; 4821-4943 43rd Street North; 4349 48th Avenue North):
A Hearing had been set for this day and hour to consider approval of a Vacation Plat of a portion of 50th Avenue North and 43rd Street North Right-of-Way Adjacent to Lots 7-12, Block 4 and Lots 6-11, Block 2, North 81-20 Subdivision and Lot 1, Block 2, North 81-20 Second Subdivision (5001 County Road 81; 4821-4943 43rd Street North; 4349 48th Avenue North).
Current Planning Coordinator Donald Kress said the proposed street vacation encompasses approximately 1.82 acres of public right-of-way, and upon vacation, the area will become part of the adjacent lots. He said the area to be vacated and the adjacent lots are within the area of the just approved annexation and in discussions with the property owners, they agreed to the vacation. These areas have never been improved and utilities are not available, he said.
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 “Vacation Plat of Part of 50th Avenue Northwest and A Part of 43rd Street Northwest” containing 1.82 acres of land more or less, located at 5001 County Road 81; 4821-4943 43rd Street North; 4349 48th Avenue North; and
WHEREAS, A Hearing was held June 3, 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 June 18 and 25 and July 2 and 9, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., July 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 “Vacation Plat of Part of 50th Avenue Northwest and A Part of 43rd Street Northwest” 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 Turnberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Turnberg, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Hearing on Community Development Block Grant (CDBG) and HOME Programs 2024 Consolidated Annual Performance and Evaluation Report (CAPER):
A Hearing had been set for this day and hour on the Community Development Block Grant (CDBG) and HOME Programs 2024 Consolidated Annual Performance and Evaluation Report (CAPER).
Assistant Planner Catlyn Christie said the CAPER is an annual report mandated by the US Department of Housing and Urban Development (HUD) for recipients of HOME and CDBG funds. She said the City receives these federal funds annually, using them for various projects, programs and operations primarily benefiting low- to moderate-income residents. The City's HUD program year runs from May 1st to April 30th, she said and the 2024 CAPER covers year five of Fargo's 2020-2024 five-year consolidated plan. The majority of projects from the 2024 program year Action Plan are currently in progress, she said and several pre-2024 program year projects were completed in the past year. The public comment period for the 2024 CAPER concludes on July 24th, she said and following this, the report will be submitted to HUD for final review and approval.
Commissioner Strand moved to receive and file the 2024 Consolidated Annual Performance and Evaluation Report (CAPER).
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.
Application Filed by Corvent Medical, Inc. for Five-Year Property Tax Exemption Approved (4837 Amber Valley Parkway South):
A Hearing had been set for this day and hour on an application filed by Corvent Medical, Inc. for a property tax exemption for a manufacturing project at 4837 Amber Valley Parkway South.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.
Strategic Planning and Research Director Jim Gilmour said this facility will be used for general storage and handling of medical device mechanical ventilator components and finished goods. Corvent Medical, a medical device manufacturer, received an initial property tax exemption from the City in 2023, he said, to begin operations in this same building. He said this expansion will create 12 additional jobs, bringing the total to more than 40 employees and the jobs generally pay an average of more than $39.00 per hour.
Ryan Aasheim, Greater Fargo Moorhead Economic Development Corporation, said he has worked with Corvent Medical CEO Richard Walsh since 2021, initially enticing the company to relocate from California to Fargo. He said Corvent acquired space at the NDSU Research and Technology Park in January 2022 for design and engineering of innovative ventilator systems. Their move to the Amber Valley Parkway building in 2023 involved transforming an unfinished space into a sophisticated office and manufacturing facility. The company has exceeded its job creation commitments from the 2023 PILOT incentive, he stated, currently employing 42 people against a committed 27 with the average salary of more than $140,000.00, significantly exceeding the committed $97,510.00, resulting in a $6 million payroll.
Richard Walsh, CEO of Corvent Medical, said the company relocated from California to Fargo due to the favorable business climate. He said the company has hired more than 40 local individuals, fostering a strong company culture. He said there are currently 16 NDSU interns working with Corvent, with eight slated for full-time hire by year-end. Corvent is now the only US-owned and operated mechanical ventilator company, he said, following the departure of major competitors such as GE, Medtronic, Philips and Vyaire from the market. This presents a significant opportunity, he said, especially with 167,000 ventilators in the US Federal stockpile nearing end-of-service. The expanded space will be used for warehousing and component supply, he said and Corvent expects to ship approximately 500 ventilators this year.
Commissioner Piepkorn expressed strong support, noting the five-year exemption period as favorable compared to longer requests. He said he appreciated Corvent's move from California for the business environment, viewing it as a compliment to Fargo. He also acknowledged Corvent’s positive track record.
Mayor Mahoney said Corvent has consistently exceeded their performance metrics, scoring well above the target in the City's exemption calculator (145 after the first year, 158 after the third year). He also noted Corvent’s continued success in a competitive market and the increasingly compact size of their ventilators.
Commissioner Piepkorn moved that the application filed by Corvent Medical, Inc. for a five-year property tax exemption pursuant to Chapter 40-57.1, NDCC be approved.
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 to Transfer the Alcoholic Beverage License from Mexican Village to Golden Empire Inc. d/b/a Phoenix Buffet Approved:
A Hearing had been set for this day and hour on the application to transfer the Class "FA" Alcoholic Beverage License from Mexican Village to Golden Empire Inc. d/b/a Phoenix Buffet at 3155 45th Street South, prior notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the Class “FA” license was originally issued in early 2014, predating the City's moratorium on transferring new liquor licenses. He said Mexican Village operated at the 45th Street South location for about 10 years before closing, at which point they had the opportunity to sell the building and transfer the existing liquor license.
Commissioner Piepkorn moved the application be approved.
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 to Transfer the Alcoholic Beverage License from Toasted Frog to The Toasted Frog Part 2 LLC d/b/a The Toasted Frog Approved:
A Hearing had been set for this day and hour on the application to transfer the Class "FA-RZ" Alcoholic Beverage License from Toasted Frog to The Toasted Frog Part 2 LLC d/b/a The Toasted Frog at 305 Broadway, prior notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the Class “FA-RZ” liquor license is non-transferable unless it is part of a going concern, which means the new owner must continue to operate the business with the same menu and concepts. He said this specific transfer ensures the continuation of The Toasted Frog in Downtown Fargo with a new owner and the same established menu and concept. While there have been instances of these licenses moving locations with the same owner or changing business names with the same owner and location, this case involves a new owner maintaining the existing business as a going concern, he said.
Commissioner Piepkorn moved the application be approved.
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.
Construction Update:
City Engineer Tom Knakmuhs said that since last month, there have not been any safety incidents or injuries on any of the projects. He said with the rehab/reconstruction project on 45th Street from I-94 to 32nd Avenue South, traffic is reduced to one lane, all mainline concrete has been replaced, the contractor is completing finishing touches and the anticipated completion is the end of July. For the 32nd Avenue South Reconstruction from 17th to 22nd Street, he said, the roadway is closed in this section, business access is maintained throughout the project, underground construction is ongoing between 18th and 22nd Street, paving is occurring between 17th and 18th Street, and the anticipated opening for the paved portion is early August. On NP Avenue from Broadway to Roberts, he said, underground construction is complete, most mainline concrete paving is complete, most curb and gutter is installed and the contractor is beginning sidewalk work. He said for the North University Concrete Pavement Rehab North of 19th Avenue, the contractor is currently working in Phase 1A and will transition to Phases 2 and 2A soon with the scheduled completion later this fall. He said other Citywide rehab projects include mill and overlay work, sidewalk replacement, core neighborhood reconstruction projects, Citywide spot repairs on concrete pavement and seal coat is almost complete. Other projects, he said, are the RRRDC fiber expansion, miscellaneous rehab on sanitary sewer manholes and lining, and Veterans Boulevard safety improvements. He said new development projects include the Industrial Business District Edition where roadway pavement is currently under way and storm sewer lift station construction is in progress. He said with the Southwest Metro Pond project, the contractor continues to strip topsoil and excavate clay for the pond, box culverts for water, and a pedestrian crossing has been installed under the future 64th Avenue connecting, north and south halves of the pond and they anticipate installing similar box culverts on 45th Street in early August, which requires a road closure on 45th Street South between 64th and 76th Avenue. In Dakota Commerce Center North, he said, final grading and sidewalks are being worked on, and in Selkirk Place Third Edition, a residential development south of 64th Avenue South and east of the interstate, the contractor has just started working on topsoil stripping. For Flood Risk Management Projects, at Lift Station No. 27 East of University on 32nd Avenue South, the walls have been poured and he anticipates pouring the lid of the structure soon. Upcoming projects include a water main installation west of University Drive connecting systems north of Main Avenue up to NP Avenue, Lift Station 15 pipe repair, and on Third Street North between NP and 1st Avenue, the contract has been awarded and it is anticipated that project will start soon.
In response to a question from Mayor Mahoney asking when the NP Garage is going to open, Mr. Knakmuhs said there is a delay for the opening; however, the roadway should be done well in advance of the parking garage.
Reconsideration of the City Commission’s Action Taken on July 7, 2025 Regarding the Request from Folkways to Close a Portion of Broadway for Upcoming Events:
Commissioner Kolpack said at the last City Commission meeting, this item was pulled from the Consent Agenda minutes before the meeting began. She said there was insufficient time for Commissioners to understand internal processes related to the request. She initiated the reconsideration by contacting Joe Burgum at Folkways and Rocky Schneider at the Downtown Community Partnership, she stated, and Mr. Burgum indicated Folkways would be in support if the reconsideration focused solely on the S'mores Eating Contest, despite having moved to "Plan B." Several citizens also contacted Commissioners, she said, expressing interest in reconsidering the decision. The street closure application process began in February, she stated, and involved months of back-and-forth and there were drops in communication on both sides. The request, she said, is for a street closure on July 25th from 3:00 to 11:00 p.m. for a TEDx after-party event. The closure would be on the street between 2nd and 3rd Avenue North, she said, not an intersection and this is presented as a common-sense request for a one-time event. She said she would also like to instruct the multi-department Street Closure Task Force to evaluate current street closure processes for additional efficiencies, which she understands is already under way, and to add specific criteria to the legacy designation for street closures. This aims to provide clearer guidelines for future street closure requests, she stated, benefiting Folkways and other groups organizing events.
Rocky Schneider, Downtown Community Partnership Executive Director, said he praises Folkways for pushing the City to re-evaluate policies regarding events, emphasizing that good ideas should not be dismissed due to outdated policy. He said the final approach brought forward is acceptable and addresses technical concerns. Businesses are generally supportive of Downtown events, he said, recognizing that not all events are the same and require specific criteria to minimize disruptions. He said this event will enhance Broadway Square and future opportunities for the City and Downtown. He acknowledged concerns about potential interference with businesses and said the concern about businesses has waxed and waned over the years. He said events such as the Street Fair are ultimately for the businesses and can be a boom to businesses when events effectively engage with them.
Commissioner Strand said a public misconception is that Commissioners do not support Downtown events and expressed appreciation for Mr. Burgum's work and the events he brings Downtown. He reiterated the last-minute nature of the previous request and the inability for Commissioners to discuss outside of public meetings. He also acknowledged improved communication and anticipated better future processes for defining legacy events.
Commissioner Piepkorn questioned if City staff were included in the current discussion, as the previous vote was in favor of the staff's recommendation to not close the street.
Commissioner Kolpack confirmed that she immediately reached out to staff, who indicated they would be open to reconsidering this one-time event.
Commissioner Kolpack moved the closure of Broadway on July 25, 2025 for the TEDx after-party S'mores Eating Contest event be approved as presented and to direct the Street Closure Task Force to evaluate current street closure processes and add specific criteria to the legacy designation.
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.
Discussion on the Development of an Event Street Closure Policy:
Commissioner Piepkorn said it costs the City a lot of money to close the streets and he would like to know the costs and how much people should pay for this service. He said it costs the Engineering and Police Department due to the fact that “no parking” signs have to be put up and bollards need to be installed. His opinion is that the City has to start charging for this service, he said, due to the fact that it is not free and right now the taxpayers of Fargo are subsidizing this service. The City has to start looking for revenue, he said, due to the fact that money is tight.
Mayor Mahoney said staff is working on this and a report is being prepared for the City Commission.
Discussion on Parking Revenues Associated with the Parking Garages:
Commissioner Piepkorn said opportunities exist to re-evaluate hourly parking rates in City parking garages, as these rates have not been changed recently. Current policies offer free parking for one hour, two hours and free overnight parking, he stated and these policies should be re-evaluated, especially with a new parking garage coming online. He said there is a need to project revenues and identify ways to enhance them.
Assistant Planning Director Mark Williams said staff is already addressing these issues with KLJ, analyzing all aspects of parking in the central business district to include on and off-street parking as well as all of the publicly held parking facilities. He said he hopes to bring the completed report to the City Commission in August or September.
Commissioner Strand said he would like a broader overview of parking garage ownership and relationships, including who owns the various garages, what were the original terms and agreements, and what changes have occurred or are anticipated regarding terms.
Mr. Williams said the current study is focused only on publicly held facilities and it does not cover privately held facilities.
City Attorney Directed to Review How Funds Given by the City to Nonprofits is Spent and the Possibility of Recovering Funds:
Commissioner Piepkorn asked that the City Attorney investigate what Fargo's legal options are if a nonprofit inappropriately spends public money given through City grants. He said he is making the request after leaders from two local nonprofits, Faith4Hope Scholarship Fund Inc. and Presentation Partners in Housing, have been separately charged with embezzling. He said he proposes that the City explore all legal avenues to claw back on any money the City gave to either nonprofit over the years. He said money is tight and all departments are scrambling to find expenses to cut or hidden revenue streams.
Commissioner Kolpack expressed concern about specifically looking into the two nonprofits, noting neither has been found guilty in court. She said she is uncomfortable calling out two people, especially one that is still alleged. She suggested that the City generalize the review of grant funding and not specifically name Faith4Hope Scholarship Fund Inc. and Presentation Partners in Housing when asking the attorney to review the matter.
Commissioner Strand asked that the City in general check to ensure grantees spend money given to them by the City on services for which it was intended.
Commissioner Piepkorn moved to direct the City Attorney to review how funds given by the City to nonprofits is spent and the possibility of recovering funds.
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.
Reappointments to the Human Rights Commission:
The Board received a communication from Mayor Mahoney recommending that Nancy Boyle, Cody Severson, Aaron Kawreh and Sekou Sirleaf be reappointed to the Human Rights Commission.
Commissioner Strand moved Nancy Boyle, Cody Severson, Aaron Kawreh and Sekou Sirleaf be reappointed to the Human Rights Commission for 3-year terms ending July 1, 2028.
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.
Reappointments to the Liquor Control Board:
The Board received a communication from Mayor Mahoney recommending that Tatiana Hackman and Mark Doyle be reappointed to the Liquor Control Board.
Commissioner Strand moved Tatiana Hackman and Mark Doyle be reappointed to the Liquor Control Board for 3-year terms ending July 1, 2028.
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.
Liaison Commissioner Assignment Updates:
The Commissioners gave reports on the Boards and Committees on which they serve.
Resident Comments:
Olivia Fisher and Christopher Coen spoke.
The meeting adjourned at 6:11 o’clock p.m.