Board of City Commissioners - November 24, 2025 Minutes
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 4:30 o'clock p.m., Monday, November 24, 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 purpose of attorney consultation regarding eminent domain litigation the City of Fargo is involved in with the Joyce Cole Trust and Edna Holm as Trustee of the Daniel H. Holm and Edna T. Holm Revocable Living Trust, and to receive its attorneys’ advice and guidance on the legal risks, strengths and weaknesses of an action of a public entity, which, to discuss these matters in open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City; and for purposes of discussing negotiating strategy and/or providing negotiating instructions to its attorney or other negotiator regarding the litigation with Joyce Cole Trust and Edna Holm as Trustee of the Daniel H. Holm and Edna T. Holm Revocable Living Trust. 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 § 44-04-19.1 subsections 2, 5 and 9 to discuss said matter.
Second by Turnberg. All the Commissioners voted aye and the motion was declared carried.
At 4:31 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 4:52 o’clock p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present.
Mayor Mahoney presiding.
A video was shown about the opening of the NP Parking Garage.
Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved, moving Item No. “1” from the Consent Agenda to the Regular Agenda and adding an additional item to Discuss the Employee Engagement Survey and Next Steps.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on November 10, 2025 be approved as read.
Second by Turnberg. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Kolpack moved the Consent Agenda be approved as follows:
1. Appointment of Ian McLean as City Attorney effective 11/25/25 (moved to the Regular Agenda.)
2. 1st reading of an Ordinance Amending Section 16-0201, 16-0204, 16-0206, 16-0213, 16-0214 and 16-0216 and Repealing Section 16-0205 of Article 16-02 of Chapter 16 of the Fargo Municipal Code Relating to Waterworks System.
3. 1st reading of an Ordinance Amending Section 22-0301 of Article 22-03 of Chapter 22 of the Fargo Municipal Code Relating to Plumbing Code.
4. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in EOLA Second Addition and J & O 45th Street Apartments Addition to the City of Fargo, Cass County, North Dakota.
5. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in EOLA Addition to the City of Fargo, Cass County, North Dakota.
6. Applications for Games of Chance.
7. Direct the City Attorney to seek clarification from the Attorney General regarding North Dakota Century Code § 5-02-10 concerning pre-emption of City Ordinance pertaining to procedures.
8. Direct the City Attorney, Police Chief and Deputy City Auditor to review application guidelines and background investigation processes for Alcoholic Beverage Licenses.
9. Bid award to Opp Construction for the installation of traffic signal protective bollards (RFP25304).
10. Negative Final Balancing Change No. 1 in the amount of -$1,455.24 for Project
No. ER-25-D1.
11. Negative Final Balancing Change Order No. 3 in the amount of -$298,259.14 for Project No. FM-21-A2.
12. Change Order No. 2 for a time extension to the substantial and final completion date to 7/18/26 for Project No. TM-25-A1.
13. Bid award to PCI Roads LLC in the amount of $1,466,293.26 for Project No. QR-25-A1.
14. Bid award to Northern Improvement Company in the amount of $496,432.70 for Project No. TR-26-A1.
15. Amendment (First) to Master Services Agreements with previously approved consultants (Project No. MS-23-A0).
16. Negative Final Balancing Change Order No. 2 in the amount of -$12,671.52 for Improvement District No. BR-25-F1.
17. Change Order No. 3 in the amount of $2,783.75 for Improvement District No. PR-24-A1.
18. Bid award to Border States Paving, Inc. in the amount of $1,918,999.07 for Improvement District No. BR-26-E1.
19. Contract and bond for Improvement District No. BR-26-A1.
20. Items from the FAHR Meeting:
a. Receive and file General Fund - Budget to Actual through 10/31/25.
b. Notice of Grant Award from the ND Department of Health and Human Services for WIC and related budget adjustment (CFDA #10.557).
c. Replacement of the fire system at Newman Outdoor Field and related budget adjustments (RFP25283).
d. Energy Efficiency and Conservation Block Grant and related budget adjustment.
e. Sale or disposal of City-owned assets through the Ford Motor Company’s automotive remarketing service with the proceeds going back to the General Fund.
f. Lease Amendment Agreement with Bison Square Partnership (EX25314).
21. Agreement with EHS Insight.
22. Resolution Prescribing Rates and Charges for Solid Waste Services effective 1/1/26 (Attachment “A”).
23. Change Order No. 3 in the amount of $0.00 for the GTC Deck Overlay Project.
24. State of Minnesota - Minnesota State Colleges and Universities - Minnesota State Community and Technical College Services Contract (U-Pass).
25. Contract and bond for Project No. WA2501 (electrical construction contract).
26. Bid award for the Water Treatment Plant chemicals for 2026, as presented (ITB26024).
27. Bid award for the Water Reclamation Utility chemicals for 2026, as presented (ITB26025).
28. Extension to the Electrical Services Agreement with Sun Electric, Inc. until 2/28/26 for the water utility.
29. Extension to Agreements for Consulting Services for Water, Water Reclamation and Solid Waste Utilities as presented.
30. Bills in the amount of $12,255,098.18.
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.
Agreement Concerning Annexation and Extraterritorial Jurisdiction with the City of Harwood Approved:
City Attorney Ian McLean said following the Executive Session on November 10th, Mayor Mahoney contacted the Blake Hankey, Mayor of Harwood, pursuant to the negotiation instructions provided during that Executive Session and they discussed Section 3, Township 140 North, Range 49 West in Cass County. He said the West half of Section 3 is within Harwood's extraterritorial jurisdiction (ET) and is owned by Applied Digital Corporation. The East half is within Fargo's ET jurisdiction, he said and is owned by Fercho Properties, LLC. The Mayors discussed Fargo withdrawing its annexation resolution for the West half, he said and agreeing not to take any action to annex the West half of Section 3. They also discussed Harwood agreeing to take no action to annex the East half of Section 3, he said which is within Fargo's ET jurisdiction. Accordingly, he said, the City Attorney’s office prepared an Agreement concerning annexation and ET jurisdiction, which provides that Fargo will withdraw its annexation resolution for the West half and will take no action to annex the West half into Fargo, and Harwood will take no action to annex the East half into Harwood. The Agreement has a term of twenty years, he stated, which is the maximum allowed under State law. He said if the Agreement is approved by the City Commission, the Agreement will be sent to Harwood's City Council for consideration and approval. The property owners, who collectively own 100% of the affected land, protested the annexation of both halves, he said and Harwood did not consent to the annexation of the West half. After closing the Public Hearing on November 10th, he said the City Commission postponed consideration of the annexation resolutions and the related motions to initiate mediation under N.D.C.C. § 40-51.2-07.1 in order to allow time for the City's designated negotiators to pursue a potential resolution consistent with the instructions provided by the Commission. He said as the City continues to make progress toward resolving the outstanding annexation issues, it is recommended the Commission further postpone consideration of the annexation Resolutions concerning the West half and East half of Section 3, Township 140 North, Range 49 West in Cass County and it is anticipated that either a negotiated Resolution will be reached by December 8th or it will become clear that Resolution is not possible without proceeding to mediation.
In response to a question from Commissioner Strand asking about the 20-year annexation agreement between Fargo and Harwood, Mr. McLean said the document would bind both cities for the full term, preventing future City Councils from dissolving it, similar to agreements already in place with West Fargo and Horace. He said that withdrawing the annexation Resolution for the West half of the disputed territory would allow Harwood's existing petition to move forward, while Fargo's City Commission has two weeks to decide whether to proceed with or hold back on the annexation of the Fercho property in the East half.
Mayor Mahoney said the initial plan to annex was intended to gain leverage with Applied Digital on infrastructure issues; however, this was complicated by the company's refusal to come to the table. Following discussions, he said, the Mayor of Harwood is now willing to negotiate and work in good faith on critical infrastructure needs, such as fire and sewage. He said he believes that removing the annexation impediment will allow both cities to make more progress together.
Commissioner Piepkorn moved that the Agreement concerning annexation and extraterritorial jurisdiction with the City of Harwood 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 as declared carried.
Application for an Ownership Change of the Alcoholic Beverage License from 3803 Spirits LLC d/b/a Holiday Inn to HIWA Lounge, LLC d/b/a Holiday Inn Approved:
A Hearing had been set for this day and hour on an application for an ownership change of the Class “ABH" Alcoholic Beverage License from 3803 Spirits d/b/a Holiday Inn to HIWA Lounge, LLC d/b/a Holiday Inn located at 3803 13th Avenue South, 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.
Deputy City Auditor Angie Bear said the Class “ABH” license is for a hotel with 100 rooms or more, it allows on and off sale, a bar is allowed and there are no food sales requirements.
Commissioner Piepkorn said this particular application included ten new owners, a significant increase from the typical one or two. He said this shift from singular to multiple ownership has presented a challenge for staff, particularly concerning the necessary background checks, which must now be performed for multiple individuals. He said he felt this trend toward multiple owners could be a continuing challenge going forward, requiring an explanation due to the fact that in the past, many applications had only a single name listed.
Ms. Bear said the Auditor’s Office requires a local contact to be listed for the Police Department. She said this is crucial due to the fact that having ten separate points of contact is impractical in case of an issue. Auditor’s maintains a database that requires the listing of a local manager with a phone number and email, she stated and in fact, two local phone numbers are required. Auditor’s is working with the Police Department to establish a "view only" database for officers, she stated, ensuring the officers have immediate access to this information in the field.
In response to a question from Commissioner Strand asking if there was trouble at the establishment, whom should one call out of the ten owners, Ms. Bear confirmed the database lists a local manager who would serve as the primary point of contact.
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.
Application Filed by Kimp’s Kitchen, LLC d/b/a Kimp’s Kitchen for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Kimp’s Kitchen, LLC d/b/a Kimp’s Kitchen for a Class "GH" Alcoholic Beverage License at 1000 45th Street South, 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.
Deputy City Auditor Angie Bear said this application is for the issuance of a Class “GH” liquor license, which is for beer and wine only, no bar and the business must meet food requirements.
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 Filed by Spaghetti Western d/b/a Spaghetti Western for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Spaghetti Western d/b/a Spaghetti Western for a Class "F" Alcoholic Beverage License at 524 Broadway North, 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.
Deputy City Auditor Angie Bear said this application is for the issuance of a Class “F” license, which is for beer, wine and spirits in a restaurant with no bar. She said the restaurant currently has a Class “GH” license, which allows only beer and wine, and food sales must exceed alcohol sales.
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.
Application for an Ownership Change of the Alcoholic Beverage License for Texas Roadhouse Holdings, LLC d/b/a Texas Roadhouse Approved:
A Hearing had been set for this day and hour on an application for an ownership change of the Class “FA" Alcoholic Beverage License from Roadhouse of Fargo Holdings, LLC d/b/a Texas Roadhouse to Texas Roadhouse Holdings, LLC d/b/a Texas Roadhouse at 4971 13th Avenue South, 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.
Deputy City Auditor Angie Bear said this application is for an ownership change at Texas Roadhouse. She said the Class “FA” license is for a full-service bar and food sales are required.
Commissioner Piepkorn said this is similar to the previous discussion regarding multiple owners where it was previously structured like a franchise. He noted this situation could actually be an improvement, as dealing with a local person is often easier than navigating a national number sometimes associated with a franchise.
In response to a question from Commissioner Strand asking if there are any limits on how many licenses an owner can hold, noting that many of these applicants are the same owners as the Holiday Inn, Ms. Bear said there is no current limit on the number of licenses an individual can hold.
Commissioner Piepkorn said there is a growing concern of non-profits purchasing liquor licenses in North Dakota. He said this presents an issue due to the fact that non-profits receive preferential tax advantages, creating an uneven playing field when competing with regular, tax-paying businesses. He said this is an ongoing matter the Liquor Control Board is monitoring and will be discussing.
Commissioner Strand questioned the competitive fairness against non-profits and among existing owners who hold multiple licenses across the City. He said there are limits on some types of licenses and the primary concern regarding non-profits was reiterated and substantial tax advantages are received when operating a business such as a bar or restaurant are unfair to regular, taxable businesses.
Ms. Bear said she did not have specific details on which licenses have ownership limits; however, she said she will find the answer. She did recall a previous application where an owner was deemed ineligible to hold a particular license.
Commissioner Strand said a specific example was the owner of multiple Downtown establishments, including JL Beers and Vinyl Taco, had to place one of the licenses in a spouse's name to comply with limits at the time. He said this incident, which occurred in the Renaissance Zone Downtown, demonstrates that limits do exist, though the specific rules need clarification.
Mayor Mahony said a concern originated in Grand Forks where charitable organizations were buying bars, potentially routing profits back to charitable missions while benefiting from the tax-exempt status, which then leads to the aforementioned taxable issue for the community. He said the need to prepare for this possibility locally was emphasized and staff was directed to look into the regulations. While the spouse originally took ownership of one license, he stated, the ownership has since reverted to the original owners, who now own both, suggesting a recent change in the permissibility.
Ms. Bear said she will provide a full clarification on all ownership limits at a future meeting.
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.
Resolution Adopted Approving Plat of Gateway Hyundai Addition:
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of Gateway Hyundai Addition.
Planning Director Nicole Crutchfield said the site was previously home to the Biltmore Hotel, which was demolished earlier this year and a new Hyundai dealership is currently under construction. A building permit for the dealership was issued in August, she said and the property's zoning remains General Commercial with no changes proposed. The Plat itself is straightforward, she stated, featuring one lot in one block plus the dedication of the Main Avenue right-of-way.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Gateway Hyundai Addition” containing 1 Lot, 1 Block and 5.3 acres of land more or less, located at 3800 Main Avenue; and
WHEREAS, A Hearing was held August 5, 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 November 12 and 19, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., November 24, 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 “Gateway Hyundai 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.
Hearing on a Dangerous Building Located at 1544 3rd Avenue South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 1544 3rd Avenue South.
Inspections Director Shawn Ouradnik said the property is a 1,570 square foot, two-story, wood-frame single-family home built in 1922. He said the property meets eight out of ten dangerous building criteria and the key issues include an interior fire in 2024, damage to the interior and exterior of both levels, broken or missing windows, an insecure rear door, fire damage to the siding, outstanding junk abatements, presence of tents in the yard and possible vermin harborage due to excess junk. He said utilities have been terminated and property taxes for 2023 and 2024 have not been paid. The City sent a first dangerous building letter, after which the owner pulled a permit for interior demolition, he said; however, the owner performed no substantial work, leading to the issuance of a second, active letter on March 13, 2025. He said the initial permit has since expired due to lack of activity.
Daniel Wahl, the owner of the property, challenged the City's designation, citing extensive professional experience in construction and safety. He contested the claim that taxes have not been paid, stating he paid more than $3,000.00 in taxes two months prior. He said the fire displaced his son's family, placing a massive burden on him to manage the clean-up and repairs alone. He said Inspections staff shut down his work and refused to issue a new permit, delaying repairs right before winter. The property is fenced, he said and while he has suffered thefts, he is working on the house daily and does not believe it is unsafe.
Randy Wagner with Van Raden Properties said he feels the property is safe.
Mr. Quradnik said City staff clarified the permit was not issued prior to the meeting due to the fact that the property was already on the agenda for City Commission review. He said if the Commission votes to declare it a dangerous building, the owner will have until January 23rd to pull new permits and complete substantial repairs. To get the dangerous building designation vacated, he stated, the structure must be structurally sound, roof and windows on, and the exterior and all fire-related issues must be repaired or gone. The owner confirmed his intention to seek permits immediately to convert the burned story-and-a-half structure into a full two-story building using clear span joists, he stated, which will require engineering review during the permitting process.
Commissioner Piepkorn moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and the Inspections Department be authorized to solicit proposals for the removal of this structure if it is not removed within the time allowed by the Board’s Order.
Second by Strand. On call of the roll Commissioners Piepkorn, Strand, Kolpack, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Resolution of Annexation for 303.23 Acres, More or Less, in the West Half of Section 3, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota Continued to December 8, 2025:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on October 1 and 8, 2025 stating that a Hearing had been set for November 10, 2025 to determine the sufficiency of any written protests against the annexation proposed as set forth in the Resolution of Annexation.
At the November 10, 2025 Regular Meeting, the Hearing was continued to this date and hour.
Commissioner Kolpack moved the Hearing be continued to 5:05 p.m. on Monday, December 8, 2025.
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.
Resolution of Annexation for 256.87 Acres, More or Less, in the East Half of Section 3, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota Continued to December 8, 2025:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on October 1 and 8, 2025 stating that a Hearing had been set for November 10, 2025 to determine the sufficiency of any written protests against the annexation proposed as set forth in the Resolution of Annexation.
At the November 10, 2025 Regular Meeting, the Hearing was continued to this date and hour.
Commissioner Kolpack moved the Hearing be continued to 5:05 p.m. on Monday, December 8, 2025.
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.
Resolution of Annexation for 236.16 Acres, More or Less, in the Southeast Quarter and the East One-Half of the Southwest Quarter of Section 35, Township 141 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota Continued to December 8, 2025:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on October 1 and 8, 2025 stating that a Hearing had been set for November 10, 2025 to determine the sufficiency of any written protests against the annexation proposed as set forth in the Resolution of Annexation.
Commissioner Kolpack moved the Hearing be continued to 5:05 p.m. on Monday, December 8, 2025.
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.
Metro Railroad Needs Study Presentation:
Ben Griffith, MetroCOG and Dan Bergerson, HDR presented the results of a long-term study on rail infrastructure improvements.
Mr. Griffith said the projected overview goal is to identify long-term infrastructure improvements related to BNSF Railroad crossings in the region and BNSF Railroad paid the 20% local match for the Federal transportation planning dollars, meaning no local jurisdictions were required to contribute. He said the study included 15 locations within the metro area, five of which are in Fargo, chosen by the jurisdictions.
Mr. Bergerson said the key objectives included evaluating existing conditions, assessing potential improvements and recommending infrastructure enhancements with extensive public and stakeholder engagement including a Study Review Committee. He said a Stakeholder Committee was formed with members from Fargo Fire, Police and Engineering, among others, with pop-up meetings and public meetings across the metro area. He said the project alternatives were prioritized using criteria such as magnitude of project benefits and emergency service access along with community impacts and cost. He stated preferred alternatives in the study identified preferred long-term alternatives for five locations in Fargo:
• 18th Street Pedestrian Crossing:
New elevated ramp and bridge for pedestrians and bicyclists. No existing crossing. An elevated bridge was preferred over a challenging underpass that would require railroad shutdown. Located near Brewhalla.
• 7th Avenue North Skewed Crossing:
Quiet Zone implementation. Preferred over a full grade separation due to high cost and site constraints.
• University Drive:
Replacement of the existing underpass structure. Aimed at increasing vertical clearance and improving bicycle/pedestrian facilities.
• 10th Street North:
Replacement of the aging structure. Similar to University Drive, focused on improving bicycle/pedestrian facilities and vertical clearance.
• 19th Avenue North:
Creation of a pedestrian path beneath the existing railroad bridge. Utilizes excavation beneath the current structure. The path is preferred on the South side to minimize pedestrian crossings of 19th Avenue.
Fargo resident Colton Ulmer spoke.
Commissioner Strand said there is a need to continuously monitor and address train speeds within the City due to the recurring danger to pedestrians and the difficulty in obtaining accurate speed data from the railroad.
Application for Abatement or Refund of Taxes #4595 for Property Located at 1437 15th Street South Requesting a Reduction in Value for 2025 Approved:
City Assessor Mike Splonskowski said the applicant is seeking a reduction in the 2025 tax value. He said this request stems from a sale that occurred in July of this year with the new owner claiming the property's valuation was incorrect due to its severely dilapidated condition. He said the Assessor's office noted the previous owner died in 2023 and the house was vacant, possibly contributing to the deterioration. The current owner stated the house was unlivable, requiring a construction loan instead of a conventional loan for clean-up and renovation, based on the lack of comparable sales for properties in poor condition and an appraisal submitted by the owner. He said the Assessor's office agrees the value was overstated for 2025 and is recommending a reduction in value from $225,007.00 to $134,200.00, a recommendation the applicant has accepted. He said the new owners are currently in the process of gutting and remodeling the house rather than demolishing it.
Commissioner Piepkorn moved, based upon Mr. Splonskowski’s recommendation, that the application for abatement or refund of taxes #4595 for property located at 1437 15th Street South requesting a reduction in value for 2025 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 as declared carried.
2026 Engineering CIP, 2027 Core Neighborhood Reconstruction Projects, 2027 Federal Aid Reconstruction Projects and Updated Infrastructure Funding Policy Language Approved:
City Engineer Tom Knakmuhs shared a summary of what he presented at the November 10, 2025 Finance Committee meeting. He said approval is sought for several 2027 projects to allow for early design and communication with property owners. The 2027 projects include three Core Neighborhood reconstruction projects in the Longfellow, Hawthorne and Horace Mann neighborhoods, he stated and one Federal Aid Reconstruction Project on 17th Avenue South from 25th Street to University Drive. He said the 2027 Federal Aid projects include the reconstruction of Main Avenue, which is a two-year project and a safety improvement at 19th Avenue North and University Drive. The Engineering Department is also proposing an update to the Infrastructure Funding Policy, he said, to reduce the special assessment term for initial wear and seal coat from 25 years to 15 years. He said this change would result in a slight increase for typical properties; however, there would be long-term interest savings.
Commissioner Kolpack said the main point emphasized was the dynamic nature of the CIP, which serves as a necessary roadmap for future construction that is constantly being evaluated and adjusted. She said this flexibility is required due to uncertainties in future funding sources, such as Prairie Dog and Federal funds, as well as potential collaboration with neighboring cities and changes in City leadership.
Mr. Knakmuhs said the CIP provides a four-year outlook and formal approval is only sought for one year at a time due to potential changes, highlighting that future projects are crucial for informing the public and property owners in order for them to plan accordingly.
Commissioner Kolpack moved the 2026 Engineering CIP, 2027 Core Neighborhood Reconstruction Projects, 2027 Federal Aid Reconstruction Projects and Updated Infrastructure Funding Policy Language 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.
Discussion Regarding the Continuation of Broadcasting Public Comments:
Mayor Mahoney said the discussion tonight will center on revising the Public Comment Policy during Commission meetings, particularly in response to concerns about negative, derogatory or abusive language and the use of false names. He said he apologizes to the Commissioners who were not fully briefed on previous staff discussions about how to quickly address negative or inappropriate comments, a discussion prompted by Commissioner Turnberg.
City Attorney Nancy Morris said citizens can mention Commissioners' names; however, the ability to cut off the microphone depends on the content immediately following the name, specifically if it becomes derogatory, defamatory, abusive, harassing or unlawful, as guided by State statute and the First Amendment within the context of a limited public forum. She said State statue says comments should be pertinent to the public entity, must not interfere with the orderly conduct of the regular meeting, focus on Commission action as a whole, be truthful and respectful.
Commissioner Kolpack said the existing 2018 Broadcasting Policy still mandates broadcasting public comments and she supports its continuation, stating no action was needed unless the policy was revoked.
Commissioner Turnberg said she agrees on the importance of broadcasting; however, she has concerns about the persistent issue of people using fake names and she advocated for an amendment to the rules to ensure the identity of speakers is verified. She said comments need to be pertinent to Fargo City business and that subjects such as Palestine are inappropriate for this forum. The Commission should also revisit the call-in portion of public comments due to the fact that many times it is hard to hear the callers, she said.
Mayor Mahoney said there needs to be a process for enforcing the real-name requirement and that he should have the prerogative to prevent a person with a non-real name from speaking.
Commissioner Piepkorn said he and Commissioner Strand were not included in the prior discussion about making changes, and he emphasized the necessity of including all elected officials in policy-changing deliberations.
Commissioner Strand said managing free speech and First Amendment rights as well as maintaining decorum is a struggle for municipal bodies nationwide. He stressed the importance of civility, suggesting the Commission must be prepared to shut off mics or cameras and briefly recess if decorum is lost.
Mayor Mahoney said there is no motion needed tonight; however, the Commission will review the current policy with legal counsel and at the next meeting discuss potential changes as requested by Commissioner Turnberg.
Ian McLean Appointed City Attorney Effective November 25, 2025 (Moved from the Consent Agenda):
City Administrator Michael Redlinger said he is recommending the appointment of Ian McLean as the new City Attorney for Fargo following the departure of Nancy Morris, whom the City thanks for her many years of service and counsel. He said Mr. McLean has been with Serkland Law for 13 years and has served as the Assistant City Attorney for the last 10 years. The City is highly appreciative of both Ms. Morris' past service and Mr. McLean's willingness to take on the new role, he stated and he is formally asking the Commissioners to approve Mr. McLean’s appointment.
Commissioner Kolpack said she requested this item be moved from the Consent Agenda specifically to acknowledge and recognize Ms. Morris for her dedicated years of service as City Attorney and she welcomes Mr. McLean to the City Attorney position.
Mr. McLean said he was born and raised in Fargo and graduated from the University of Iowa College of Law and has been practicing law since 2011. He said he has been working with the City since 2015, primarily in prosecution; however, it has grown to about every department in the City. He said he wants to give a special thanks to Ms. Morris and Erik Johnson, the former City Attorney, who have both been great mentors and friends. He also thanked the Commission for the trust that is being placed in him and he is grateful for the opportunity.
Commissioner Kolpack moved that Ian McLean be appointed City Attorney effective November 25, 2025.
Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioners being absent and none voting nay, the motion was declared carried.
Discussion on Employee Engagement Survey and Next Steps:
City Administrator Michael Redlinger said the City of Fargo conducted its first-ever Employee Engagement Survey, which launched in August, as an investment for the workforce to provide necessary support, training and skills. He stated the initiative was successful, achieving a 68% response rate with more than 700 unique employee participants, exceeding the internal goal of 60%. The results, including 433 candid individual comments, provide a baseline for improvement and reveal real issues, he stated, most notably concerning pay and benefits. He said there is a need for increased departmental input/transparency into budgeting and improved internal communication and support for supervisors.
Human Resources Director Jill Minette said the next steps involve ongoing work, including departmental and Citywide focus groups and employee discussion groups led by HR and department leaders, followed by the development of action plans. She said the City plans to repeat the survey in 2027 to measure progress, emphasizing that this is not a one-time effort, it is a commitment to active listening and valuing employees as the City's most critical asset.
Commissioner Kolpack said the nearly 70% participation rate in the employee survey is impressive and highlighted the significance of the 433 raw and candid comments made by employees, noting the issues raised were not a surprise. She said the administration and department leaders must prioritize acting on this feedback, which clearly points to real issues such as pay and benefits. She suggested the need for more budgetary input/transparency for departments and greater support for supervisors. She criticized the initial redaction of the comments, viewing it as minimization and against open records regulations and she requested an unredacted copy. She stated employees are the City's most valuable asset and stressed the need to address the findings, especially concerns about feeling demoralized and poor internal communication, with sincerity and urgency, and pledged to request regular updates.
Commissioner Strand said he is not an HR expert; however, the 433 employee comments are a roadmap for action, particularly given that more than 50% of respondents felt nothing would be done and about a third are considering leaving employment. He said the City must focus on the current workforce to ensure the employees feel appreciated, valued and supported. He said he is committed to reviewing every single comment to demonstrate the City genuinely listens and suggested using a modern AI program to analyze the data and gain detailed feedback categorized by department or topic, such as compensation or the City Commission, ultimately hoping to surprise employees with responsive action.
Mayor Mahoney said it was courageous to conduct the employee survey to determine staff feelings; however, now the critical step is to address the issues that have been identified. He stated one major positive takeaway was many employees are mission-driven and genuinely enjoy working for the City.
Liaison Commissioner Assignment Updates:
The Commissioners gave reports on the Boards and Committees on which they serve.
Public Comments:
Olivia Fischer spoke.
The meeting adjourned at 6:41 o’clock p.m.