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Fargo City Commission- March 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 5:00 o'clock p.m., Monday, March 3, 2025.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.

A video was shown featuring the Water Treatment Plant and Matt Hager, Water Treatment Plant Operator lll, received the “Rising Star” award.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, moving Item No. “1” from the Consent Agenda to the Regular Agenda and adding the item to the end of the Regular Agenda to discuss requiring overtime hours be approved ahead of time by the City Commission effective immediately.
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 February 18, 2025 be approved as read.
Second by Turnberg. 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. Time change to 5:05 p.m. for Public Hearings effective 7/7/25 (moved to the Regular Agenda).
2. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 8-0305, of Article 8-03, of Chapter 8, of the Fargo Municipal Code, Relating to Current License and Registration Required- Impoundment for Violation and Section 1-0305 of Article 1-03 of Chapter 1, of the Fargo Municipal Code, Relating to the Classification of Ordinance Violations.
3. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 25-1509, of Article 25-15, of Chapter 25, of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages.
4. 2nd reading, waive reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Grafstrom First Addition to the City of Fargo, Cass County, North Dakota.
5. Applications for Games of Chance:
a. GiGi’s Playhouse for a raffle on 3/29/25.
b. Knights of Columbus - 6570 for a calendar raffle from 5/1/25-5/31/25.
c. NDSU Kappa Delta Sorority for a raffle 3/29/25.
d. Nordic Culture Clubs for a raffle on 4/5/25.
e. North Dakota Academy of Physician Assistants for a raffle on 5/9/25.
f. TNT Kid’s Fitness and Gymnastics for a raffle on 3/21/25-3/23/25.

6. Developer Agreements with Just North of the Horse Park, LLC, and Randy and Stacie Harwood for Grafstrom First Addition.

7. Developer Agreement with Bison Gold Investments, LLC for Skyline Addition.

8. Change Order No. 5 in the amount of -$3,092.00 and time extensions to the Interim Completion Date 2 to 9/20/24, Interim Completion Date 3 to 9/14/24 and the Substantial Completion Date to 10/31/24 for Project No. NR-23-A2.

9. Amendment No. 1 with Houston Engineering in the amount of $26,500.00 for Project No. SN-25-B0.

10. Bid award to Eagle River Utility Solutions in the amount of $235,468.80 for Project No. TN-24-A1.

11. Bid award to Border States Electric for street lighting materials (RFP #s 25018, 25019 and 25020).

12. Contract and bond for Project No. ER-24-C1.

13. Contract and bond for Improvement District No. BR-25-F1.

14. Bid award to Dakota Underground Company Inc. in the amount of $2,988,482.36 for Improvement District No. BR-25-E1.

15. Create Improvement District No. BR-25-C (Paving and Utility Rehab/Reconstruction) and adopt Resolution of Necessity.

16. Create Improvement District No. NR-24-C (Lift Station Rehab/Reconstruction) and adopt Resolution of Necessity.

17. Items from the FAHR Meeting:
a. Receive and file General Fund – 2024 Year End Preliminary and Sales Tax Update.
b. Reimbursement to Cass Rural Water User District in the amount of $190,867.95 for water billing overcharge.
c. Modification to the Transit financial model to add an allocation for City of Fargo overhead costs and approve the related budget adjustments.

18. Purchase of Service Agreement with ND Department of Health and Human Services, Behavioral Health Division.
19. Intent to extend and expand the CredibleMind Platform License Agreement (EX25094).
20. Employee Assistance Program (EAP) Full-Service Contract for EAP Services with The Village Family Service Center.
21. Benefit Plan Agreement with Blue Cross Blue Shield of North Dakota.
22. Drug and Alcohol Policy - Federal Transit Administration, effective January 2025 (Policy Number 400-008-B).
23. Receive and file the 10-year review of the City’s Public Arts Program document “ROI: Ripples of Impact.”
24. Police Department Service Uniforms and Equipment Agreement with BALCO Uniform Co., Inc. (RFP25004).
25. Bid Award to Ferguson Waterworks for the purchase of Water Main Materials, Miscellaneous Water Distribution Materials, Fire Hydrants/Parts and Miscellaneous Street Materials (RFP25065).
26. Bid awards for Aggregate Materials, Concrete, Concrete Materials, Asphalt, Emulsified Asphalt and black dirt as presented (RFP25066).
27. Transit Director as the Public Transportation Operators designee to sign the Memorandum of Agreement Covering Metropolitan Planning with the Fargo-Moorhead Metropolitan Area.
28. Amendment No. 1 to the Hazard Mitigation Grant Program Subgrant Agreement for Building Resilient Infrastructure and Communities (BRIC) 2020 with the ND Department of Emergency Services (Project No. WW1905).
29. Bills in the amount of $9,457,504.28.
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.

Presentation by Gate City Bank of the 2025 Neighborhood Revitalization Initiative (NRI) Program:
Gate City Bank representatives Brandie Haugen, Pam Krupke and Christina Clark presented the City with a check representing the bank’s $2 million investment in the Neighborhood Revitalization Initiative (NRI) Program.
Planning Director Nicole Crutchfield said the NRI program improves neighborhood quality and encourages investment in the City’s existing neighborhoods. She said the program provides homeowners with low-interest loans to address qualifying property repairs and improvement projects. In 2024, she said, there were 38 applications submitted and 16 completed projects totaling more than $900,000.00 in home improvements. She said the average NRI loan was $56,885.00. The program is a necessary community development tool for implementing goals in the City’s Core Neighborhood Plan, she stated. Applications will be available March 17th, she said, and will be accepted through October 31st. Loans can range from $10,000.00 to $100,000.00, she said, with repayment options of 10 or 15 years, and annual percentage rates are as low as 4.66%. She said other details of the program include homes must be 40 years or older, residences must be occupied by the owners, the assessed value must be less than $275,000.00 and participating homes must be within the NRI boundary.

Presentation of the Annual Review of F-M Ambulance, Inc. d/b/a Sanford Ambulance – Fargo:
Tim Meyer, Senior Director of Sanford Ambulance and Sanford AirMed, reviewed the 2024 City of Fargo Ambulance Data. He said there are 140 team members, 130 of which are patient care providers. Sanford Ambulance is the only accredited ambulance service in North Dakota, he said. The call volume in 2024 was 15,473, he said, and he shared a heat map showing the volume of Fargo area responses, with the busiest area being in Downtown Fargo. He shared various slides with information on response types and times and information on Sanford Ambulance receiving the Gold award for cardiac and stroke care. He presented information on opiate overdoses and Naloxone doses, and in 2024, overall overdose numbers were down from 2023. He stated that in 2024, Sanford Ambulance personnel delivered five babies.
In response to a question from Commissioner Kolpack asking if there is anything he would like the community to know, Mr. Meyer said the biggest challenge is recruiting. He said it is a 14-month training program to become a paramedic and now, similar to the Police and Fire Departments, Sanford Ambulance has an Academy and recruits are employees and paid while attending school.

Hearing to Consider a Vacation Plat of Portions of 22nd Street North, the Remainder of 8th Avenue North Lying West of 21st Street North, and the Block 34 East-West Alley, all Originally Dedicated with Beardsley’s Addition, Lying Between 7th and 8th Avenues North (2105 and 2115 7th Avenue North; 706, 716, 718, 724 and 738 21st Street North; 705 22nd Street North) Continued to March 17, 2025:
A Hearing had been set for this day and hour to consider approval of a Vacation Plat of Portions of 22nd Street North, the Remainder of 8th Avenue North Lying West of 21st Street North, and the Block 34 East-West Alley, all originally dedicated with Beardsley’s Addition, Lying Between 7th and 8th Avenues North (2105 and 2115 7th Avenue North; 706, 716, 718, 724 and 738 21st Street North; 705 22nd Street North).
Commissioner Piepkorn moved that the Hearing be continued to 5:15 p.m. on Monday, March 17, 2025.
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.

Hearing to Transfer the Alcoholic Beverage License from BFG, Inc. d/b/a Borrowed Bucks to No Blue, LLC d/b/a Lyv at Uptown Main Continued to April 14, 2025:
A Hearing had been set for this day and hour on an application to transfer the Class "A" Alcoholic Beverage License from BFG, Inc. d/b/a Borrowed Bucks to No Blue, LLC d/b/a Lyv at Uptown Main to be located at 2850 Uptown Way; however, the applicant is requesting the Hearing be continued to April 14, 2025.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, April 14, 2025.
Second by Turnberg. On call of the roll Commissioners Piepkorn, Turnberg, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Hearing on an Application for an Ownership Change of the Alcoholic Beverage License for 518 Properties LLC d/b/a 518 Properties Continued to April 14, 2025:
A Hearing had been set for this day and hour on an application for an ownership change of the Class “A" Alcoholic Beverage License for 518 Properties LLC d/b/a 518 Properties located at 4554 7th Avenue South; however, staff is requesting the Hearing be continued to April 14, 2025
Commissioner Piepkorn moved the Hearing be continued to 5:15 p.m. on Monday, April 14, 2025.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Application for an Ownership Change of the Alcoholic Beverage License for Spirit Properties, Inc. d/b/a Edgewood Tavern Approved:
A Hearing had been set for this day and hour on an application for an ownership change of the Class “FA-Golf" Alcoholic Beverage License for Spirit Properties, Inc. d/b/a Edgewood Tavern to Edgewood Tavern, LLC d/b/a Edgewood Tavern located at 19 Golf Course Road, 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 owner is transferring the license to the manager. He said the business does a significant amount of catering and should be able to meet the food requirements of the license.
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.

Special Assessments for Abatement of Nuisances on Certain Properties in the City of Fargo Approved:
A Hearing had been set for this day and hour on special assessments for abatement of nuisances on the list of properties on file in the City Auditor’s Office.
No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said the nuisance abatements are done twice a year, this time for mowing, Dutch Elm disease removal and code enforcement, and a second abatement is done later in the year for snow removal. He said property owners receive notice from the City that specific work needs to be done and if the property owners do not do the work, the City does, then adds the information into the accounts receivable system and sends property owners invoices. He said property owners have the opportunity to pay the invoice and if the invoice is not paid, the fee is added to the owner’s property taxes.
In response to a question from Mayor Mahoney asking about the Dutch Elm disease abatements, Mr. Sprague said it was a recommendation a few years ago from Commissioner Strand that the City give an opportunity to property owners to spread that payment out rather than being one payment; therefore, this allows property owners to pay for tree removal over a 5-year period.
Commissioner Strand moved the special assessments for abatement of nuisances on certain properties be approved as submitted.
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.

Special Assessments for 2024 Sewer Repair Assessment Fees Approved:
A Hearing had been set for this day and hour on the special assessments for 2024 sewer repairs on the list of properties on file in the City Auditor’s Office.
No appeals have been filed in writing against any item appearing on such special assessments list and no person is present at this Hearing to appeal or offer any objection thereto.
Deputy Auditor Angie Bear said the City has maintained a program to assist with sewer repairs for some time and the sewer repair program consists of two parts. She said the first part is if the repair goes to the main and replaces the Y, the City tries to cover the cost of digging in the street. The City pays half of the first $4,000.000 and 25% after the first $4,000.00, she said. The second part is the homeowner’s share, she stated, which can be put on their assessments for a 15-year period with an interest rate of 5%. She said repairs from 2024 total $2,707,452.00 with 203 properties involved.
In response to a question from Commissioner Strand asking about insurance programs, Mr. Sprague said people can contact their homeowner’s insurance and put a rider on their policy to cover a sewer backup or in some cases, if they have good insurance, it will help cover some of the cost of going to the main. He said he recommends a cap so it does not get too expensive, such as covering up to $10,000.00. He said right now the total cost for a sewer repair is about $18,000.00 with the City covering $5,500.00 and $12,500.00 going to the homeowner.
In response to a question from Commissioner Strand asking if all sewer repairs happen in the winter, Mr. Sprague said not necessarily. He said it has a lot to do with older areas of town and the heavy soils that deteriorate the clay pipes. He said another issue is tree roots and some property owners have it done for peace of mind that their sewer line is functioning.
Commissioner Kolpack moved the special assessments for 2024 sewer repair assessment fees be approved as submitted.
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.

Fargo Dome Authority Authorized to Develop a Proposal for the FARGODOME to be a Possible Location for the New Convention Center:
Fargo Dome Authority President Dave Suppes said according to Fargo Municipal Code, the Fargo Dome Authority does not have the power to pursue responding to the Request for Proposals (RFP) for the Convention Center; therefore, after speaking with the City’s attorneys, he is requesting the City Commission grant permission to the Fargo Dome Authority to respond to the RFP when it is available. He said this a house-cleaning item to give the Authority a clear path to respond.
Commissioner Piepkorn moved to authorize the Fargo Dome Authority to work with City staff to explore and develop a proposal for the FARGODOME to be a possible site for the new Convention Center project and to submit the proposal to the City in accordance with the RFP process.
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.

Fee Waived for Privately Owned Lead Service Line Replacements with Completed EPA-Mandated Follow Up Requirements (Project No. WA2403):
Water Utility Director Troy Hall said the lead service line inventory shows there are 2,103 lead service lines and 44 service lines where the lead status is unknown. He stated the total loan amount is $35 million and grants offered are at 66.5%, totaling more than $23 million. The local cost will be about $11.7 million, he said, and terms will be 30-years at .5% interest and payments will begin in 2030 or possibly later. Water Utility staff have applied for and continue to seek additional funding and grant opportunities for this program, he said. There are two phases to complete a lead service line replacement, he said; first is to replace the water line and the second is to complete the replacement testing required 3 to 6 months after the installation. He said the testing needs to be completed by the customer to comply with EPA-required responsibilities after the lead line replacement. For customers who do not help Water Utility to fully comply with EPA-required follow-up procedures, a flat fee of $1,000.00 will be charged, he said, which can be paid in full or assessed to the property. He said, Once the follow-up testing is completed by the property owner, he recommends the $1,000.00 be waived, which would make the replacement free to customers. If approved, he said, the Water Utility will be obligated to make annual payments for the Drinking Water State Revolving Fund (DWSRF) loan beginning in 2030 or later. He stated, If available funding is fully utilized, the water utility will pay back approximately $11.7 million over 30 years. He said the DWSRF loan repayment source will be Infrastructure Sales Tax, if extended, otherwise it will be water rates. He said there are 44 water service lines of unknown status from the curb-stop to the house and service lines with unknown status need to be identified by late 2027 per regulatory requirements; however, those will be identified prior to the required date and if determined to be lead service lines, those may also be part of the replacement project.
In response to a question from Commissioner Piepkorn asking if the replacements would be on a first come, first serve basis, Mr. Hall said his department is working on a plan to target certain areas and it has not been decided on where the replacements would start; however, ideally one area would be done each year and the replacements would be completed within 5 to 6 years.
In response to a question from Commissioner Piepkorn asking if the City has started contacting residents about the program, Mr. Hall said one mailing went out and about 15% of those customers have inquired about more information.
In response to a question from Commissioner Strand asking how confident he is that the Federal grant will not be lost at the last minute, Mr. Hall said the funds are already in the State account.
In response to a question from Commissioner Strand asking what is being done to make sure no one loses out on this opportunity to have their property brought up to this necessary standard, Mr. Hall said Water Utility will send out notices annually to affected property owners.
Commissioner Kolpack moved the fee be waived for privately owned lead service line replacements with completed EPA mandated follow-up replacements.
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.

City Attorney’s Office Directed to Draft Revisions to Fargo Municipal Codes 25-1518(a) and 10-0326:
Police Chief David Zibolski said as part of the Police Department’s ongoing efforts to collaborate with Downtown community partners and businesses, it was discovered that several years ago a number of Ordinances that addressed behavior were changed from infractions, which allow officers to make a physical arrest, to non-criminal fines, which do not allow officers to take any enforcement action other than issuing a citation and walking away. He said this has shown over time to be ineffective in terms of the Department’s ability to address these issues and alleviate a large amount of community concern associated with them. This effort is not an arrest only solution, he said; however, it would be in combination with the Department’s booking station and would also further the facilitation of a deflection or diversion program the Department has been partnering on with Public Health as part of the Bloomberg project initiative. He said two of the Ordinances identified that are currently non-criminal fines are urinating in public and consuming alcohol in public.
Deborah Frederickson and Rocky Schneider spoke in favor of the Ordinance changes.
In response to a question from Commissioner Kolpack asking about what kind of attention will be paid to monitoring any outcomes with these changes, Chief Zibolski said currently, Police cannot do anything and it has created quite a problem. He said Police will continue to work with Public Health and try to get these individuals to the right place and de-escalate the situation. There are times when the Police are left with no other alternative, he stated, and based on the concerns of the rest of the community, the Police have to be in a position to take some action.
In response to a question from Mayor Mahoney asking about the amount of the fine, City Attorney Nancy Morris said the fine is $100.00 and could be up to $1,000.00, which would be at the discretion of a municipal court judge.
Commissioner Strand said nobody wants to see urination in public or public intoxication; however, the jail is full and he does not want to criminalize homelessness. He said a practical solution is porta potties for people needing to go to the bathroom. The State is lowering citations for things such as marijuana possession, he said, yet Fargo is stepping up public urination. He said he does not know the right answer, he would like to know more on what others have done and what has or has not worked; however, porta potties would be the human thing to do.
Commissioner Kolpack moved to direct the City Attorney’s office to draft revisions to Fargo Municipal Codes 25-1518(a) and 10-0326 and to review similar Ordinances as provided by the Police Department for similar consideration and action.
Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, Piepkorn and Mahoney voted aye.
Commissioner Strand voted nay.
The motion was declared carried.

Camping Resolution Extended to April 30, 2025:
City Administrator Brenda Derrig said she has been meeting to coordinate the City strategies to address the concerns Downtown for when the camping resolution ends along with when the winter warming ends. Through those discussions, it was recommended to align the ending of those two dates, which would extend the ending of the camping from March 23rd to April 30th.
In response to a question from Mayor Mahoney asking how this would affect camping, Fargo Cass Public Health (FCPH) Director Jenn Faul said when the resolution was scheduled to end March 30th, FCPH did not have the partnership established with United Way and the FM Coalition to End Homelessness and their campaign for United to End Homelessness. She said the extension of the camping resolution allows that campaign to increase the matrix of their financial and physical assets to move the people from winter warming into a home situation.
In response to a question from Mayor Mahoney, asking if the City would expect after April 30th camping would not be allowed, Ms. Faul said it would go back into the Ordinance and camping would be enforced as it was written.
Commissioner Turnberg said with warmer weather coming, the river is going to break up and by extending this to April 30th, people will move back along the river. She said when the river rises, all of that trash will head to Grand Forks and any person that is there could potentially end up in the river and be harmed. She said this is a terrible time to extend it.
Ms. Faul said the City had discussed previously about doing the clean-up when the ground was thawed and right now it is thawed but still too soft for the Public Works Department. She said those abandoned camps will be cleaned up, hopefully before the water rises.
Commissioner Turnberg said if the camping is extended, that will encourage people to go back and camp and then there is a bigger mess to clean up.
Ms. Faul said there is still winter warming and if they do not choose to come inside, they will have limited ability to be in those areas. She said if people go back to the camping areas, they will be given notices to move.
Ms. Derrig said there is a part in the resolution that states if people are not utilizing the Engagement Center and winter warming, they will be asked to move.
Commissioner Turnberg said this is dangerous for people and the City keeps kicking the can down the road. She said a date was set and the City should stick to it.
Commissioner Strand said he wants to commend Fargo for taking up this topic and what has been done has saved lives.
Commissioner Strand moved the camping resolution be extended to April 30, 2025.
Second by Kolpack. On call of the roll Commissioners Strand, Kolpack and Mahoney voted aye.
Commissioners Piepkorn and Turnberg voted nay.
The motion was declared carried.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Allan Luistro and Mary English-Luistro, 5027 Rose Creek Parkway South (5 years).
b. Steven Fischer, 3907 20th Street South (5 years).
c. 2Dogs and 2Cats, LLC, 1514 4th Avenue North (5 years).
d. Michael and Pamela Redlinger, 2410 Parkview Drive South (5 years).
e. Kelly Lackman and Scott Steffes T/O/D, 4714 Rose Creek Parkway South (5 years).
f. John Wheeler and Emily Williams-Wheeler, 412 9th Avenue South (5 years).
g. Kevin and Holly Prodoehl, 2526 32nd Street South (5 years).
h. Block 8, LLC, 814 Main Avenue (5 years).
i. Tyler and Mary Brandriet, 44 35th Avenue Northeast (5 years).
j. Pauline Aamodt, 1307 21st Street South (5 years).
k. Whiskey Birdie, LLC, 613 2nd Street North (5 years).
l. David and Brooke Flaten, 1725 10th Street South (5 years).
m. REA Revocable Trust, 3010 35 1/2 Court Avenue South (5 years).
n. Kyle and Elisabeth Barlow, 1111 7th Street South (5 years).
o. Savvy Maverick, LLC, 1426 3rd Avenue South (5 years).
p. Jade and Laney Witty, 1529 Broadway North (5 years).
q. Shanon Sell, 2505 64th Avenue South (5 years).
r. Barbara Merth, 1818 11th Avenue South (5 years).
s. 3222, LLC, 3511 Main Avenue (5 years).
t. 3222, LLC, 3511 Main Avenue (5 years).
u. Brady Pekas, 1001 4th Street South (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.

Time Change to 5:05 p.m. for Public Hearings effective 7/7/25 Approved (Moved from the Consent Agenda):
Commissioner Kolpack said it was earlier discussed to change the time for Public Hearings as a way of finding efficiencies in the order of the agenda. She said since that time there was a presentation on the Zen City results and the City’s recommitment to more community engagement. She said for that reason and also after hearing from two constituents who work until 5:00 p.m., having the Public Hearings start at 5:15 p.m. gives people more time to get to City Hall and engage in those hearings. She said for those reasons she will not be supporting this change, even though in previous conversations it made sense.
Commissioner Piepkorn said the issue is the order of the agenda and it happened tonight when the Mayor had to fill in time until 5:15 p.m., which jumbles up the order. He said by changing the Public Hearing time to 5:05 p.m., it is easier for staff and the public to keep track of the agenda.
Mayor Mahoney said tonight he had to move the ambulance report up to fill in time; however, someone may have wanted to hear that report and assumed it would happen closer to 5:30 p.m. He said by going to 5:05 p.m., he does not have to move anything. Another example, he said, is there were Public Hearings tonight about nuisance abatements and sewer repairs and no one was here to talk. For efficiency, he stated, it just makes people understand more clearly the order of the agenda and the move to 5:05 p.m. is to make sure there is not a substitution.
In response to a question from Commissioner Strand asking if residents can submit written testimony, City Administrator Michael Redlinger said emails are accepted.
Commissioner Strand moved that Public Hearings be noticed and advertised at 5:05 p.m. for City Commission meetings effective July 7, 2025.
Second by Turnberg. On call of the roll Commissioners Strand, Turnberg, Piepkorn and Mahoney voted aye.
Commissioner Kolpack voted nay.
The motion was declared carried.

Discussion Regarding Employee Overtime Pay Delayed for Two Weeks:
Commissioner Piepkorn said he encourages everyone to read the article posted March 1st, written by Forum columnist Robin Huebner. He said the overtime numbers were surprising and it needs to stop. The concern is one City employee made $80,000.00 in overtime in one year, he stated, and a total of $31 million was paid in a period of 10 years. He said when heads of departments notice staff is getting overtime, they should say those staff members are done for the week.
Mayor Mahoney said there are many reasons City workers work overtime, including snow removal, Police Officers and Firefighters. Overtime is 3-5% of the budget every year, he said, and about 30 percent of employees who are exempt from overtime pay put in many hours and do not get paid for that time. He said there are employees who go out in the middle of the night to fix light poles and other emergency reasons and overtime is part of running a business in the public sector.
Commissioner Kolpack said it is important for citizens to know the reasons for overtime and she thanks every employee who chooses to work for the citizens of Fargo. She said every single example of overtime is explainable: staffing shortages, winter storms, a major pandemic or a crisis. She said overtime budgets are part of each annual budget and approved by the City Commission. She said the Communications Director worked an additional 1,338 hours that went unpaid and the Assistant Communications Director worked an additional 840 unpaid in 2023. She stated in 2024, the Communications Director worked 865 additional hours unpaid and the Assistant Communications Director worked 847 hours unpaid.
Commissioner Piepkorn said he is behind overtime during floods and heavy snow. He said the City should not be paying overtime hours right now. This is about managing public money wisely, he stated, and he cannot believe department managers are not sending people home who are getting close to working overtime.
Commissioner Kolpack said the $80,000.00 paid to the Communications Director was during the pandemic and paid with Federal dollars for extra work required to implement a vaccination campaign and other communications. She said it was a one-time expense due to a crisis and she trusts directors to manage their departments knowing when and if they need to utilize overtime.
Mayor Mahoney suggested City Administrator Michael Redlinger present something with Human Resources regarding overtime and how it is managed.
Commissioner Strand said he would be interested in seeing details from Human Resources to see how overtime works and learn more before he jumps to conclusions.
Commissioner Piepkorn moved effective immediately, any overtime hours must be approved ahead of time by the City Commission.
Second by Turnberg.

Commissioner Strand said this item was not on the agenda and the public did not know this was going to be discussed.
Commissioner Strand moved to amend the motion and delay discussions regarding employee overtime for two weeks.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Turnberg and Mahoney voted aye.
Commissioner Kolpack voted nay.
The motion was declared carried.

Resident Comments:
None.

The meeting adjourned at 6:38 o’clock p.m.