Board of City Commissioners - April 13, 2026 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, April 13, 2026.

The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Mayor Mahoney presiding.

Mayor Mahoney announced that the Board of City Commissioners will retire into Executive Session in the Red River Room for the purpose of attorney consultation regarding a pending annexation proceeding with Fercho Properties, LLP and to receive its attorney’s advice and guidance on the legal risks, strengths and weaknesses of an action of a public entity, which, to discuss 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 this matter is authorized pursuant to North Dakota Century Code 44-04-19.1, subsections 2, 5 and 9 and North Dakota Century Code § 44-04-19.2, subsection 1.

Commissioner Strand moved the Commissioners meet in Executive Session in the Red River Room as authorized by North Dakota Century Code § 44-04-19.1 subsections 2, 5 and 9 to and North Dakota Century Code § 44-04-19.2, subsection 1 to discuss said matter.

Second by Turnberg. All the Commissioners present voted aye and the motion was declared carried.

At 4:33 o’clock p.m. the Board moved to the Red River Room to discuss the matter in Executive Session.
Members present were: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.

The Executive Session closed at 4:45 p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present.
Mayor Mahoney presiding.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved, moving Item Nos. “7” and “8” from the Consent Agenda to the Regular Agenda, withdrawing Item No. “29” from the Consent Agenda and adding an additional item to the Regular Agenda to consider an appointment to the Municipal Airport Authority.

Second by Piepkorn. 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 March 30, 2026 be approved as read.

Second by Turnberg. All the Commissioners voted aye and the motion was declared carried.

Consent Agenda Approved:
Commissioner Piepkorn moved the Consent Agenda be approved as follows:
1. Letter of Support for Valley Wealth Advisors to the ND Opportunity Fund Consortium.
2. Interest Buydown Agreement, Escrow Agreement – PACE Program and Community PACE Interest Buydown Authorization with the Bank of ND and The Shop, LLC.
3. 1st reading of an Ordinance Amending Section 31-0102 of Article 31-01 of Chapter 31 of the Fargo Municipal Code Relating to the International Property Maintenance Code.
4. Findings of Fact, Conclusions and Order, and Notice of Entry of Order of the Board of City Commissioners of the City of Fargo for property located at 115 6th Avenue North.
5. Site Authorizations for Games of Chance.
6. Applications for Games of Chance.
7. Concur with the findings of staff and apply the penalty matrix fine of $500.00 for a first offense to the liquor license violations identified at El Agave (moved to the Regular Agenda).
8. Concur with the findings of staff and apply the penalty matrix fine of $750.00 for a second offense to the liquor license violations identified at Chili’s (moved to the Regular Agenda).
9. Encroachment Agreement (Security Fencing and Guard Shack) with Case Equipment Corporation for 3101 1st Avenue North and waive the initial processing and annual fees.
10. Quitclaim Deed with The Park District of the City of Fargo.
11. Bid award to Curb to Curb, LLC in the amount of $692,321.00 for Project No. SR-26-B1.
12. Bid advertisement for Project No. NR-26-C.
13. Bid advertisement for Project No. UR-26-A.
14. Traffic Calming Update for 64th Avenue South.
15. Contract and bond for Project No. SR-26-A1.
16. Contract Amendment No. 5 with Apex Engineering Group in the amount of $48,510.00 for Improvement District No. BR-23-G0.
17. Bid award to Dakota Underground Co., Inc. in the amount of $6,816,754.88 for Improvement District No. BN-26-C1.
18. Bid award to Key Contracting, Inc. in the amount of $3,791,070.90 for Improvement District No. BR-26-B1.
19. Bid award to Border States Paving, Inc. in the amount of $2,852,633.90 for Improvement District No. PN-26-A1.
20. Contract and bond for Improvement District No. AN-26-A1.
21. Contract and bond for Improvement District No. BR-26-C1.
22. Contract and bond for Improvement District No. BR-26-I1.
23. Contract and bond for Improvement District No. PR-26-C1.
24. Contract and bond for City Hall Parking Structure Repairs (ITB26150).
25. Addendum to Agreement with Rieger, Borgen, Benson Electric, Inc. (RFP25283).
26. Items from FAHR Meeting:
a. Interlocal Agreement with Cass County for the 2025 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $79,603.00 and related budget adjustment.
b. Acceptance of the ND Forest Service grant funds in the amount of $50,000.00 and related budget adjustment.
c. Direct the City Attorney to revise Ordinance 11-0809.
d. Extension of additional security for the Main Library on Saturdays through May.
e. Piggyback purchase through Sourcewell Cooperative Contract No. 082025-RVG with Spartan Fire, LLC in the amount of $980,382.00 for a 2026 Fire Pumper truck (PBC26163).
f. Resolution Authorizing Sale of Property (Attachment “A”).
g. Trustee Delegation of Authority and Certificate of Authority to Director
of Finance Susan Thompson and Finance Manager Wyatt Papenfuss.
27. Denial of the request for an extension to the dangerous building located at 1544 3rd Avenue South and direct appropriate staff to solicit a contractor to demolish the structure.
28. Task Order No. 2026-2 with HDR Engineering, Inc. in the amount of $335,250.00 for Cell 22 Waste Excavation and Construction Project.
29. Bid advertisement for the Water Treatment Plant Recycling Drop Site Construction Project (withdrawn).
30. Mass Transit Agreement with the City of West Fargo for 2026.
31. Task Order No. 2026-1 with HDR Engineering, Inc. in the amount of $46,350.00 for Project No. WW2353.
32. Leave of absence extension for Jay Drechsel.
33. Bid award to Capital Exteriors, Inc. in the amount of $628,272.50 for Project No. WA2505.
34. Bid award to J.D. Kraemer Enterprises, LLC in the amount of $308,212.00 for Project No. WA2506.
35. Amendment No. 3 to Task Order No. 41 with AE2S in the amount of $123,200.00 for Regional Water System Master Plan.
36. Bills in the amount of $8,922,869.01.

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.

Presentation of the 2025 Annual Fire Department Report:
Fire Chief Gary Lorenz presented the 2025 Annual Fire Department Report.

Expediated Schedule for the Appointment of Police Chief Approved:
City Administrator Michael Redlinger said in reviewing the legal framework for appointing a new Police Chief, the position is an appointed officer under City Ordinance 4-0102, which requires final approval from the City Commission. Fargo’s unique Civil Service system, he said, is detailed in City Ordinance 7-0302, which mandates the formal announcement and posting of all full-time vacancies. There are no available waivers to bypass these competitive recruitment and application procedures, he said and adhering to them ensures the process remains legally sound and consistent with City policy. Regarding the timeline, he said, Option 1 was a hybrid approach approved on March 16th that bridges the current and future Commissions, with a potential Police Chief appointment in August or September. Option 1B, the consensus position from March 30th, he said, involved a mid-to-late June posting, which would result in an appointment as early as August 31st for an internal candidate or as late as October for an external hire due to the Department's extensive background vetting process. He said now there is an Option 2, which is an expedited schedule. Under this plan, he stated, the position would be posted immediately and interviews would be held in early May. This could allow a new Police Chief to be seated by May 11th for an internal hire, he stated, or July 6th for an external candidate. Regardless of the choice, he said, it is vital to allow candidates enough time to present their specific vision for leading both sworn and civilian staff. He said he urges the Commission to prioritize consistency and predictability to mitigate legal risks and avoid setting problematic precedents. He said he is also asking that the Commission confirm a preferred schedule tonight and provide feedback on any additional evaluation elements to include for the finalists.

Jacob Maahs, Heidi Wetzel, Cristie Jacobsen, Travis Moser, Dan Haugen and Jeremy Schaeffer spoke.

Commissioner Turnberg said the Fargo Police Department is transitioning away from several years of a toxic work environment, and that Officers and residents have expressed a clear desire for leadership rooted in the community and the need for a Police Chief capable of mending vital relationships within the department and with neighboring jurisdictions. She said after being restricted from access for nearly two years, she engaged recently in extensive dialogue with Department staff and the Interim Chief. It is clear that the current constraints are counterproductive, she said and the Interim Chief should have the necessary latitude to implement essential changes to improve fiscal responsibility and operations efficiency. Under the current timeline, she stated the Interim Chief’s ability to lead is hindered as he is tasked with composing next year’s budget and preparing for the most critical interview of his career, all while being unable to enact the very changes the Department requires. She said she hopes the Commission can take into consideration the support the Interim Chief has, the healing that needs to take place, the savings to the City by his appointment and the message it sends to younger officers that if they work hard and excel at their job, they too can succeed and be promoted. Interim Chief Stefonowicz has wonderful ideas that cannot be implemented if a costly nationwide search takes place and a Chief is not named for months. She said unlike the retirement of Fire Chief Steve Dirksen, who gave several months’ notice, the City had only two weeks' notice of our former Police Chief's retirement. This appointment would not set a precedent, she said and legally, the City only has to post this opening for a few days, not months. Also take into consideration the support from Moorhead, West Fargo and the Cass County Sheriff's Department, she stated, who are all in agreement that appointing Interim Chief Stefonowicz is the right move. The fact that none of these high-ranking officers will be applying for this position is due to the fact that they agree Interim Chief Stefonowicz is the best person for the job, she said. The feedback from the community confirms they want a local hire, she said and not another import who has no idea how the community works.

Commissioner Turnberg moved Interim Police Chief Travis Stefonowicz be appointed to the position of Police Chief.
The motion died for lack of a second.

Commissioner Piepkorn said a thorough search provides a valuable opportunity to learn more about the Police Department. While Interim Chief Stefonowicz might ultimately be the final candidate, he said, the City owes it to the community to open the position up and see who else is out there. During the last search, other members of the Department applied for the position and that may happen again, he said. It is part of the Commission’s responsibility to provide that opportunity and see what talent is available, he stated. It is important to not rush this, he said, as it is a very important hire, especially with the upcoming changes in the makeup of the Commission and the Mayor.

Human Resources Director Jill Minette said typically for a Department head level position, the opening is posted for three to six weeks, which allows enough time to reach more targeted recruiting opportunities.

Commissioner Kolpack said she has complete confidence in Interim Chief Stefonowicz and the rest of the Police Department; however, there is a City Ordinance that explicitly states a process must be followed and due to Civil Service requirements, not following the rules could result in future problems. She said Interim Chief Stefonowicz deserves a process of integrity and he should never want the community to doubt that he was the best candidate or feel he was selected through anything other than a legitimate process.

Commissioner Strand said there is no doubt there is a front-runner and the support in the ranks is significant; however, it is important the City follows the rules. He said the City Commission represents the people and needs to hear the candidate’s diverse views during the vetting process. He does not think losing a couple of months for a proper search will be the end of the world, he said and the same path should be followed as the City would for any other Department head to avoid setting a bad precedent for future transitions.

Mayor Mahoney said Interim Chief Stefonowicz is reluctant to make major shift or command changes that would put more officers on the street due to the fact that he does not feel he has the authority. Option 2 allows the City to move forward with a remarkable person while still giving others the opportunity to step up, he said.

Commissioner Kolpack moved Option 2 be selected to expediate the appointment of the Police Chief.

Mayor Mahoney relinquished the Chair to second the motion (Commissioner Strand presiding).
On call of the roll Commissioners Kolpack, Mahoney and Strand voted aye.
Commissioners Turnberg and Piepkorn voted nay.
The motion was declared carried.

Commissioner Strand returned the Chair. (Mayor Mahoney presiding).

Recommendation to Apply the Penalty Matrix to El Agave Mexican Restaurant Approved (Moved from the Consent Agenda):
Assistant City Attorney Will Wischer said it is alleged an employee at El Agave Mexican Restaurant, 2581 45th Street South, served a person under the age of 21 an alcoholic beverage in violation of North Dakota Century Code and Fargo Municipal Code. An affidavit detailing the offense was sent to the City Attorney with a notice of the Hearing and was sent to the licensee as required under law, he said. Historically, alcohol compliance violations are first presented to the Liquor Control Board for consideration before proceeding to the City Commission, he said; however, last year the State amended North Dakota Century Code § 5-02-10 and as part of the amendments, there are new timelines and noticing requirements that require the Liquor Control Board be bypassed in some liquor compliance failures. He said the altered statutes have created conflicts between City and State law and in these instances, the City must follow State law. He said the State has made it significantly harder for the City to bring forward certain compliance violations; however, despite these hurdles, all notices and timelines have been compliant.

Fargo Police Department Officer Shelby Layman said that she, in conjunction with Fargo Cass Public Health, conducted alcohol compliance checks on March 27, 2026. During the checks, two persons under the age of 21 under the supervision of the FPD entered an establishment and ordered alcoholic drinks. The bartender at El Agave asked for and received the under 21 persons valid IDs and since both are under 21, the IDs are vertical and the birth dates confirmed they were minors. Despite this, she said, the bartender provided the alcoholic drinks to both under age individuals and at that time the bartender was issued a citation.

Commissioner Strand said he has always questioned the process and the approach to creating these violations. He said to him it feels like entrapment and setting someone up to fail.

Commissioner Piepkorn moved to apply the penalty matrix of $500.00 for a first failure to the liquor license violation identified at El Agave Mexican Restaurant.

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.

Recommendation to Apply the Penalty Matrix to Chili’s Approved (Moved from the Consent Agenda):
Assistant City Attorney Will Wischer said this is alleged to be a second offense for Chili’s, 3902 13th Avenue South, with a prior violation occurring in 2025. He said as with the previous item on the agenda, an affidavit detailing the offense was sent to the licensee as required under law,

Fargo Police Department Officer Shelby Layman said that she, in conjunction with Fargo Cass Public Health, conducted alcohol compliance checks on March 27, 2026. During the checks, two persons under the age of 21 under the supervision of the FPD entered establishments and ordered alcoholic drinks. While at Chili’s, she said, the two under age persons ordered alcoholic drinks and the server asked for and received both of their valid IDs. Since both are under the age of 21, she stated, their IDs are vertical and the dates of birth indicated they were minors; however, even after checking their IDs, the server provided each with an alcoholic drink and was subsequently provided a citation for the offense.

Commissioner Strand said his comments for this item are the same they were for the previous item.

Commissioner Piepkorn moved to apply the penalty matrix of $750.00 for a second failure to the liquor license violation identified at Chili’s.

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.

Brooks Burgum Appointed to the Airport Authority:
The Board received a communication from Mayor Mahoney recommending that Brooks Burgum be appointed to the Airport Authority to replace James Kapitan whose term expired on April 8, 2026.

Commissioner Strand moved that Brooks Burgum be appointed to the Airport Authority for a five-year term ending April 8, 2031.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Kolpack, 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.

Public Comments:
None.

The meeting adjourned at 6:31 o’clock p.m.