Fargo City Commission - April 22, 2025
Regular Meeting: Monday: April 14, 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, April 14, 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 Solid Waste Department and Dustin Halsne, Landfill Supervisor, received the “Rising Star” award.
Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved, moving Item Nos. “4” and “5” from the Consent Agenda to the Regular Agenda.
Second by Turnberg. 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 March 31, 2025 be approved as read.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commission Strand moved the Consent Agenda be approved as follows:
1. North Dakota Non-Exclusive Right to Sell Agreements with Goldmark Commercial Real Estate Inc., Property Resources Group, LLC and Dakota Commercial & Development Co.
2. 1st reading of an Ordinance Amending Article 13-03 of Chapter 13 of the Fargo Municipal Code Relating to the Control and Regulation of Food Service Establishments.
3. 1st reading of an Ordinance Amending Section 1-0305(A)(1) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
4. 2nd reading, waive reading and final adoption of an Ordinance Enacting Section 10-0327 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare (moved to the Regular Agenda).
5. 2nd reading, waive reading and final adoption of an Ordinance Amending Sections 25-1518(A) and (B) of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages and Section 1-0305 of Chapter 1-03 Relating to Ordinance Violations (moved to the Regular Agenda).
6. Gaming Site Authorizations:
a. Boys & Girls Club of the Red River Valley at Suite Shots on 5/5/25.
b. Fargo Angels Hockey at Double Down Bar Grill and Casino.
c. Fargo Park District Foundation at CJ’s Tavern.
d. John Greenley Amvets Post #7 at Amvets.
e. John Greenley Amvets Post #7 at Hi-Ho Burgers & Brews.
f. North Dakota Horse Park Foundation at Newman Outdoor Field.
g. Northern Prairie Performing Arts at The Old Broadway.
h. Northern Prairie Performing Arts at The Windbreak.
i. Red River Human Service Foundation at Blarney Stone on Broadway.
j. Red River Human Service Foundation at Elks on Broadway.
k. Red River Human Service Foundation at O’Cleavy’s.
l. Red River Human Service Foundation at Sickies on 45th.
m. Red River Human Service Foundation at The Northern.
7. Applications for Games of Change:
a. Benefit for Annie Mehus for a raffle on 5/10/25; Public Spirited Resolution.
b. El Zagal Outdoors Unlimited for a calendar raffle from 7/1/25 to 7/31/25.
c. Make-A-Wish North Dakota for a raffle on 5/3/25.
d. NDSPLS Foundation for a raffle on 2/5/26.
e. NDSU Pinky Swear for bingo on 5/1/25.
f. Rebuilding Together Fargo-Moorhead Area, Inc. for a raffle board on 5/8/25.
g. St. John Paul II Catholic Schools for a calendar raffle from 6/2/25 to 6/30/25.
h. TNT Kid’s Fitness and Gymnastics for a raffle on 5/1/25.
i. TNT Kid’s Fitness and Gymnastics for a raffle on 5/2/25 and 5/3/25.
8. Encroachment Agreement (Landscaping) with Bell Bank for two landscaping beds located at 520 Main Avenue.
9. Excavation Fees and Guidelines Revised April 1, 2025 effective 5/1/25.
10. Agreement Regarding Deferral of Special Assessments with NICD, LLC.
11. Bid advertisement for Project No. UR-25-D.
12. Contract and bond for Project No. PR-25-A1.
13. Rescind the contract award to Master Construction Company, Inc. and reject all bids for Improvement District No. BR-25-A1.
14. Bid award to Northern Improvement Co. in the amount of $2,958,513.60 for Improvement District No. BR-25-C1.
15. Bid award to Key Contracting, Inc. in the amount of $1,323,620.00 for Improvement District No. NR-24-C1.
16. Create Improvement District No. BR-25-G1 and adopt Resolution of Necessity (Paving and Utility Rehab/Reconstruction).
17. Contract and bond for Improvement District No. PR-25-C1.
18. Contract and bond for Improvement District No. PR-25-E1.
19. Items from the FAHR Meeting:
a. Bid award to First Data Merchant Services LLC in the amount of $129,015.00 for a Point of Sale and Inventory System and related budget adjustment (RFP25077).
b. Piggyback purchase through Sourcewell Cooperative Purchasing Agreement with Daktronics in the amount of $288,345.00 for system upgrades at the FARGODOME and related budget adjustment (PBC25117).
c. Amendment to Agreement (Indigent Defense) with Stormy Vickers d/b/a
Vickers Law, LLC.
d. Bid award to MTS Seating in the amount of $128,429.72 for the replacement of meeting room chairs at the FARGODOME (RFP25057).
e. Amendment to Recycling Agreement with Minnkota Enviroservices, Inc. d/b/a Minnkota Recycling.
f. Stockpile Access and Removal Agreement and Release, Hold Harmless and Indemnification Agreement.
20. Amendment to Purchase of Service Agreement with the ND Department of Health and Human Services, Behavioral Health Division.
21. Notice of Grant Award from NDDHHS for the Ryan White Part B program (CFDA #93.917).
22. Direct the City Attorney’s Office to draft revisions to Fargo Municipal Code Article 11-04.
23. Piggyback purchase through Sourcewell Cooperative Purchasing Agreement with Swanston Equipment in the amount of $214,428.51 for one articulating sidewalk tractor and Lease with Option to Purchase Agreement with Kinetic Leasing, Inc. (PBC25022).
24. Bills in the amount of $8,079,399.99.
Second by Turnberg. On call of the roll Commissioners Strand, Turnberg, Kolpack, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application for Abatement or Refund of Taxes #4592 for Property located at 85 22nd Avenue North Requesting a Reduction in Value for 2024 Approved:
City Assessor Mike Splonskowski said the property owner is requesting a reduction in value, citing the presence of only a single-stall garage and the overall condition of the house. An assessment visit indicated that while initial valuation data was generally correct and the property requires some repairs, he said, the assessment fairness measurement and sales comparison demonstrate that this property is currently valued higher than all comparable properties. He said a sales comparison approach was conducted on the property and based on this analysis, a value of $308,100.00 is recommended to the County for the 2024 assessment.
Commissioner Piepkorn moved, based upon Mr. Splonskowski’s recommendation, that the application for abatement or refund of taxes #4592 for the property located at 85 22nd Avenue North requesting a reduction in value for 2024 be approved and the value be reduced to $308,100/00 for 2024.
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.
Appointments to the Fargo Dome Authority Approved:
The Board received a communication from Mayor Mahoney recommending that Dan Armbrust and David Suppes be reappointed to the Fargo Dome Authority.
Commissioner Strand moved Dan Armbrust and David Suppes be reappointed to the Fargo Dome Authority for a four-year term ending April 1, 2029.
Second by Turnberg. On call of the roll Commissioners Strand, Turnberg, Kolpack, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Appointment to the Municipal Airport Authority Approved:
The Board received a communication from Mayor Mahoney recommending that John Cosgriff be reappointed to the Municipal Airport Authority.
Commissioner Kolpack said she received input from former and current members of the Municipal Airport Authority, as well as community members about this significant period of transformation for the Airport, with ongoing remodeling and future planning, an opportunity existed to introduce new and specific expertise as the Airport redefines itself. Therefore, she said, she will be voting “no” on the reappointment.
Commissioner Strand said for approximately six years he has had the privilege of working the Airport. While other excellent candidates have emerged, he said, the current major undertaking, including the parking ramp and terminal expansion, represents a critical phase. Mr. Cosgriff has brought a crucial financial, fiduciary and numbers-focused perspective and he said, aided in moving the parking ramp project forward. Furthermore, he said, there is an understanding that once sufficient cash flow is achieved, a pullback from the millage commitment to the Airport can occur. Therefore, he said, support exists for Mr. Cosgriff's reappointment to continue providing that experience and depth.
Commissioner Piepkorn said it is difficult to imagine a more qualified individual with greater financial expertise than Mr. Cosgriff. He said his experience as a former City Commissioner adds significant value and work done has been excellent; therefore, he will be voting for Mr. Cosgriff.
Commissioner Turnberg said considering the Airport does not currently employ a Chief Financial Officer, with Mr. Cosgriff's extensive experience and keen understanding of numbers, his expertise is a valuable asset.
Mayor Mahoney said he and Commissioner Strand recently toured the garage and expansion at the Airport. The ongoing construction is impressive and will be visible to others in due course, he said, and the progress is proceeding well. He said it was highly satisfying to walk through the garage and envision the convenience of parking indoors next winter, allowing for comfortable travel to the airport regardless of weather. He said this outcome is considered well worth the effort of a long journey.
Commissioner Strand moved John Cosgriff be reappointed to the Municipal Airport Authority for a five-year term ending April 8, 2030.
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.
Parcels of Land in AAB Addition Rezoned (4672 100th Avenue South and 10245 45th Street South):
At a Hearing held on January 7, 2025 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to P/I, Public and Institutional.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said this is a major subdivision and zone change situated on 100th Avenue South. Despite its distance from the main part of Fargo, he said, the location is within City limits due to a strip annexation in approximately 2006. As the map indicates, he said, the site is somewhat removed from the City's core. He said the proposed zoning is public and institutional and the Metro Diversion Authority will own this facility, which will serve as its office and maintenance center. He said the P/I zoning is appropriate for properties owned by government agencies or entities. He said the plat creates a single lot within one block, a 100-foot dedication for 45th Street is included as required and property access will be from 45th Street.
In response to questions from Commissioner Strand asking if this is considered a leapfrog development and if a private developer now wants to build in that area is there a reason to deny that request considering the previous leapfrog program development, Planning and Development Director Nicole Crutchfield said the building is intended for maintenance, categorized as a basic utility, which is the only reason it is supported. Currently the Growth Plan, she said, does not accommodate private developers to build in that area. She said the idea is to discuss this specific topic and its implementation thresholds with Planning and the City Commission later this year as part of the recently adopted Growth Plan.
In response to a question from Commissioner Strand asking if it is a double standard to allow the City to build where needed yet prevent private builders that privilege and if it contradicts the City’s goal to promote smart growth principles, Ms. Crutchfield said the City’s Land Development Code (LDC) has special exemptions for basic utilities, public or private. She said it is not about who is building, rather that it is a basic utility, which gets more flexibility under the current rules than other types of development such as commercial, residential or industrial.
In response to a question from Commissioner Strand asking if there are plans to modify the LDC in the future regarding this, and if so, will the approach be similar or different, Ms. Crutchfield said the basic utilities have special provisions allowed at both the Federal and local levels. She said the ongoing LDC rewrite aims at implementing the recently adopted Growth Plan, which clearly outlines areas where development should be limited.
Mayor Mahoney said as the City has done with other utilities such as Xcel Energy, there are typically special allowances for utility projects. He said the location of the Diversion building, further out than the preferred development area, is necessitated by its function of serving the Diversion itself. This necessity is the basis for its approval, unlike other types of development, he said.
In response to a question from Commissioner Strand asking if this project lead to special assessments for other property owners or will they be required to pay for related developments or improvements, City Engineer Tom Knakmuhs said there are no special assessments needed because this project does not require any public improvements.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.
Second by Turnberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Turnberg, Kolpack and Mahoney voted aye.
Commissioner Strand voted nay.
The Resolution was adopted.
First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in AAB Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in AAB Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.
Second by Turnberg. On call of the roll Commissioners Piepkorn, Turnberg, Kolpack and Mahoney voted aye.
Commissioner Strand voted nay.
The motion was declared carried.
Resolution Adopted Approving AAB Addition:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “AAB Addition” containing 1 Lot, 1 Block and 17.19 acres of land more or less, located at 4672 100th Avenue South and 10245 45th Street South; and
WHEREAS, A Hearing was held January 7, 2025 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on April 2 and 9, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., April 14, 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 “AAB 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, Piepkorn and Mahoney voted aye.
Commissioner Strand voted nay.
The motion was declared carried.
Application 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 Approved:
A Hearing had been set for March 3, 2025 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.
At the March 3, 2025 Regular Meeting, the Hearing was continued to this day and hour.
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 this Class A liquor license, previously held by Borrowed Bucks, was granted an extension for non-sales of alcohol following their closure, with the City’s approval. A buyer has since been identified, he said, and after a thorough background check of the principals at No Blue and Live at Uptown Main, which initially raised minor queries on the police report regarding credit information due to a misunderstanding by a new officer, the application has been cleared. He said this application received a recommendation of approval from the Liquor Control Board.
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 518 Properties LLC d/b/a 518 Properties Approved:
A Hearing had been set for March 3, 2025 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.
At the March 3, 2025 Regular Meeting, the Hearing was continued to this day and hour.
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 this property previously operated as the Club Africa under this license. He said the current applicant, who initially had partners, is now consolidating ownership under a single entity. He said the owner’s intention is to hold the license for approximately a year while developing a business concept, after which the goal is to bring on new investors. Consequently, he said, this license will likely return to the City Commission for approval before active use commences in the future.
In response to a question from Mayor Mahoney regarding if there is a time limit on the license of six months to a year, Mr. Sprague said according to Section 25-1512 of the Fargo Municipal Code, there is a 30-day requirement for alcohol sales to commence under a liquor license. If this timeframe is not met, an exemption from the City Commission is required, he said and this applicant has requested and received such an exemption, consistent with the City Commission's past practice of granting a six-month initial timeframe before requiring a follow-up.
In response to a question from Mayor Mahoney on how that is regulated, Mr. Sprague said these deadlines are monitored and this matter will be addressed in subsequent City Commission meetings.
Commissioner Piepkorn said it is important to recognize that finding a business buyer or developing a viable concept can take time, the monitoring process is crucial for tracking these situations and ongoing oversight is valuable in assessing the progress.
Mr. Sprague said it is important to provide flexibility to business developers to ensure Fargo remains current with industry trends and practices. He said another background check on this owner has been completed and this application has recommendations for approval from both the Police Department and the Liquor Control Board.
In response to a question from Commissioner Strand regarding the frequency of prior appearances the past few years on this license, Mr. Sprague said the JT Cigaro license was initially purchased by a new ownership group who relocated south on 45th after JT Cigaro closed. Subsequently, the Olive Garden license was acquired by an individual with a concept that did not materialize, he said, leading to its sale to the owners of Club Africa. When Club Africa encountered difficulties and owed significant rent to the building owner, he said, the license was transferred to that ownership group as part of the rent settlement. He said the current applicant, who acquired the license through this process, has been developing a business concept for its future use. This building has been sold and will be repurposed as an auto dealership, he said, and it will no longer house a restaurant or bar.
In response to a question by Mayor Mahoney asking whether the City will need to buy the license back or would it revert back to the City should the business concept not proceed, Mr. Sprague said the process for the City to regain control of the license would be to deny any requests for an extension of the 30-day alcohol sales commencement period outlined in Section 25-1512 and the license would revert back to the City.
Commissioner Piepkorn said it is important to understand that if, for instance, they were to proceed in a year, the entire approval process would be reinstated. He said this would include review by the Liquor Control Board and mandatory security background checks by the Police Department for the ownership group and management. Therefore, he said, acquiring the license does not grant permanent authorization and the complete process would require resubmission and approval.
In response to a question from Mayor Mahoney asking would the City then be able to sell the license on the market, Mr. Sprague said if the license reverts to the City, it would represent an additional license available for sale at the standard price of $110.000.00. He said this particular license is valued at $115,000.00.
In response to a question from Commissioner Strand regarding licenses being sold by the owners at $300,000.00 and what the rationale is for allowing a license to remain unused for a year, potentially creating a gap in business, Mr. Sprague said this does not happen a lot, and for example, Target plans to open in May 2027 and will request a B-Limited license. He said a recent discussion addressed what happens if their opening is delayed. If Target seeks an extension beyond 2027 and the City Commission is not comfortable with that, the Commission can deny it, causing the license to revert to the City, he said; however, until then, Target will hold the license.
In response to a question from Commissioner Turnberg asking what the rationale is for allowing private entities to sell liquor licenses to each other at significantly inflated prices, when the City has the option to reclaim the license and resell it for greater public revenue, Mr. Sprague said the idea has been explored in various approaches to address the City's potential to reclaim those licenses on multiple occasions; however, the City has not yet identified a viable solution.
Commissioner Piepkorn said liquor license rules are complex because the City use to let people own them, but now the City owns them. To make all licenses the same, he said, the City would have to buy back the old ones, which would cost a lot and he City needs to decide if and how to do that.
In response to a question from Commissioner Piepkorn asking the date the rule changed, Mr. Sprague said the City transitioned around 2014 or 2018, after which liquor licenses could no longer be transferred between private parties.
Commissioner Piepkorn said the existence of two distinct types of liquor licenses, those owned by the City and those owned by individuals, he said, complicates this matter. Given their asset status and higher market value compared to current licenses, he said, a future review of the pricing structure will likely be necessary.
In response to a question from Commissioner Kolpack asking what will happen in the future regarding the Liquor Control Board’s plan for these licenses, Commissioner Piepkorn said the Liquor Control Board will need to look further into this. It would be important to recognize how many licenses are out there and what they are worth as well as what it would cost got make them all the same.
Commissioner Kolpack said she would be willing to work with Commissioner Piepkorn and Mr. Sprague with some formalized thinking about that request.
Commissioner Turnberg said given the City’s five-year property re-evaluation cycle, it would also be important to reassess the value of these licenses to ensure the City is not losing potential revenue.
In response to a question from Commissioner Turnberg asking if the licenses being held privately are subject to different regulatory standards, Mayor Mahoney said no; however, that is a good question and should be looked into.
In response to a question from Commissioner Strand regarding the extension length of code 25-1512, Mr. Sprague said one can lose a liquor license if it is not used. He said if no alcohol is sold for 30 days and the owner does not ask the City for more time, they lose it. He said the City rules say the owner needs to continuously use the license, with a 30-day limit for no sales. If a business closes and will not use the license, he said, they usually ask for a six-month extension, which is a City practice, not a written Ordinance.
Commissioner Strand moved to amend the motion adding a six-month limit to the license.
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.
Commissioner Piepkorn moved to approve the transfer.
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.
Renewal Plan and Developer Agreement with Skyline, LLC/Roers for Tax Increment Financing District No. 2018-03 Approved (1100 Block of 18th Street North):
A Hearing had been set for March 17, 2025 to review a Renewal Plan and Developer Agreement with Skyline, LLC for Tax Increment Financing District No. 2018-03.
At the March 17, 2025 Regular Meeting, the Hearing was continued March 31, 2024.
At the March 31, 2024 Regular Meeting, the Hearing was continued to this day and hour.
No written protest or objection to the Plan has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Plan.
Strategic Planning and Research Director Jim Gilmour said the project originated in 2018 when the City Commission approved a Renewal Plan for the area. A TIF district was not created at that time, he said; however, the possibility was left open, potentially allowing developer costs for acquisition and demolition to be eligible later. The aim in 2018 was to incentivize the timely removal of dilapidated and dangerous houses in this and two other areas, he stated, and the current proposal amends and updates the 2018 plan. The area has been zoned University Mixed-Use for about a decade, he stated, aligning with the project and infill development goals of the Go 2030 and Core Neighborhood plans, as well as current growth strategies. He said the Developer Agreement was initially on the agenda four weeks ago and concerns from the Finance office and Assessors regarding the monitoring of a stepped-down tax exemption, 100%-75%-50% over five years, led to a revised approach. Working with a financial adviser, he said, an 11-year 100% tax exemption was proposed following the construction year, providing similar assistance over a shorter timeframe than the typical 15-year TIF districts. Adjacent land uses include apartments to the east and south, he said, and renter-occupied homes to the west, making the proposed rental redevelopment suitable for the area. The Planning Commission found the project consistent with their plans, he said, and the Economic Development Incentives Committee's financial review indicated a projected rate of return of 6% without assistance and 11% with incentives, falling within the 10-15% range needed for investors. A public Hearing was held, he said, and consultations occurred with Cass County and the Fargo School District. The Fargo School District has agreed to participate in the property tax exemption, he stated, while the County will review the request in a week. He presented several photos of significant deterioration of existing homes, some of which have since been demolished. The proposed new development will feature 88 units, he said, with main floor parking and four levels of housing above. Addressing blight is a key objective, he stated, and current property tax revenue for 2025 is estimated at $2,700.00 with the City’s share being $485.00, he said, and after the 11-year exemption, estimated annual property taxes would be at least $154,000.00 with the City’s share at $27,000.00.
In response to a question from Commissioner Piepkorn asking the tracking of demolition costs for the removed houses, similar to a previous Matrix project, Mr. Gilmour confirmed these costs were tracked after 2018 and will be verified before final TIF approval and the 2018 action aimed to expedite the removal of blighted properties.
In response to a question from Commissioner Strand asking about the timing of the TIF request after demolition, Mr. Gilmour said a detailed financial review requires a specific project plan, which was not available in 2018. He said the developer proceeded, based on the understanding of potential City assistance for renewal.
Commissioner Strand said he is concerned about developers intentionally allowing blight and Mr. Gilmour acknowledged this; however, he stated in this case, the developer acquired already deteriorated properties, with demolition occurring in phases as conditions worsened over time. He said City staff clarified the City's policy sometimes allows a 5-year window for blight remediation but generally avoids long-term commitments.
Commissioner Kolpack offered the following Resolution and moved its adoption:
WHEREAS, Certain areas within the City need development in order to prevent further deterioration and to preserve property values; and
WHEREAS, The Board of City Commissioners desires to avail itself of the power and authority granted by Chapter 40-58 NDCC.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners as follows:
1. That one or more slum or blighted areas or areas consisting of industrial or commercial property, or a combination of those areas of properties exist in the City of Fargo.
2. That the development, rehabilitation, conservation or redevelopment or a combination thereof, of the area contained within the Renewal Plan for Tax Increment Financing District No. 2018-03 is necessary in the interest of public health, safety, morals or welfare of the residents of the City of Fargo.
3. That the area designated as the Renewal Plan for Tax Increment Financing District No. 2018-03 is underdeveloped and is appropriate for a development or renewal project.
4. That such development, rehabilitation, conservation or redevelopment of the area contained in the Renewal Plan for Tax Increment Financing District No. 2018-03 requires the powers and authority granted in Chapter 40-58 NDCC.
5. That the Renewal Plan for Tax Increment Financing District No. 2018-03 is officially adopted by the Board.
6. That Developer's Agreements be prepared in regard to the Tax Increment exemption.
7. That the appropriate staff be directed to request the county auditor and treasurer to compute, certify and remit tax increments resulting from the development or renewal of the area in accordance with the plan and any modifications thereof and that the county auditor and treasurer shall do so in accordance with this section.
Second by Turnberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Kolpack, Turnberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Presentation on the Research for a Full-Time Mayor Position and the Addition of Two City Commissioners: Decision Delayed for 30-days:
City Administrator Michael Redlinger said that following the March 17, 2025 City Commission meeting, research was conducted regarding transitioning the Mayor's position from part-time to full-time and adding two City Commissioners. He said City Administration, Human Resources and the City Attorney's office investigated these matters and regarding a full-time Mayor, City Commission approval via the 2026 budget is sufficient and no voter referendum is required and the full-time position could begin after the 2026 Mayoral election. He said the City Commission could opt for a nonbinding advisory vote on the issue in the June 2026 election, which is at the Commission's discretion. The financial implications of changing the current 20-hour part-time Mayor role to a 40-hour full-time role is detailed in the information in the packet, he stated. Voter approval is necessary to amend the Home Rule Charter to add two additional City Commissioners, he said, and the process involves the City Commission first approving a Resolution to place a charter amendment on the ballot, likely during the June 2026 City election. If voters approve the expansion, he stated, a subsequent special election would be held to fill the two new seats. Two potential methods for seating the new Commissioners include awarding the top vote-getter a four-year term and the second highest vote-getter a two-year term, he stated, and using a coin toss between the top two vote-getters to determine the allocation of a four-year and a two-year term, aiming to establish a 4-3 staggered election cycle. He said his suggested motions include: 1) preparing Ordinance revisions for the full-time Mayor ; 2) prepare a Resolution to amend the Home Rule Charter for the increase in Commissioners; 3) the budget team would be directed to include a prorated budget allocation in the proposed 2026 budget to cover the salaries of the two new Commissioners for November and December, with full-year funding in 2027; and 4) staff could be authorized to conduct any further necessary research and tasks to facilitate the transition from a five-member to a seven-member Board and the Mayor's transition to full-time status. These matters can be considered separately, he said, this information is provided for the City Commission's consideration, there is no staff recommendation at this time and the decisions are entirely at the City Commission's discretion.
Commissioner Strand said the City Commission should lead the discussion on this matter, particularly if it proceeds to a public vote and Commissioners need to actively involve the public in the decision-making process. He said the third recommended motion in the memo appears to align most closely with the memo's original request.
Mr. Redlinger said the amended motion from March 17th requested research on two items: a full-time Mayor (addressed in option one) and the addition of two City Commissioners. Therefore, the motion would encompass both topics, he said, however, as the Mayor proposed, the Commission could discuss the full-time Mayor issue first, including whether to put it to a non-binding advisory vote for the June election. Regardless of that decision, he said, adding City Commissioners necessitates amending the Home Rule Charter, which requires a public vote.
Commissioner Kolpack said the public can access information outlining the budget impacts of both proposed changes and she strongly believes the Mayor's role is already full-time, observing the significant workload daily, which only increases with Fargo's growth. Supporting fair compensation for this full-time work could also encourage younger individuals to run for office, she stated, as the current situation may limit candidacy to those who are retired or financially secure. She said while supporting the full-time Mayor position, it is important to allow the public an advisory vote on this, especially when considering adding two Commissioners. Community engagement research has indicated public support for expanding the Commission, she said; however, given the current financial uncertainty, including the impending impact of the 3% cap from the State Legislature, selectively implementing these changes without broader public input seems somewhat insensitive. She said considering a potential citizen-led initiative regarding the City's form of government, it is prudent to include the citizens in this decision-making process through an advisory vote, which would ultimately return to the Commission for a final decision. With the election just over a year away, there is sufficient time for this engagement, she stated.
Commissioner Piepkorn asked what is the problem this proposal aims to solve and funding these changes would necessitate raising taxes or reducing budgets in other City departments. He said he was surprised to learn the salary of the Mayor in Sioux Falls, South Dakota is $150,000.00, and in Lincoln, Nebraska and Billings, Montana, it is about $100,000.00, and in comparison, Fargo's Mayoral salary is significantly low. He stated he strongly disagreed with using an unscientific poll to guide this decision and advocated for a public vote that would be binding, not just advisory, if a change in direction is desired. He acknowledged Fargo's success and progress under the current form of government over the past 15 years and cautioned against making changes simply for the sake of change. He said it is crucial for voters to understand that adding new Commissioners and a full-time Mayor would inevitably lead to either increased taxes or decreased spending in other City departments, as there is no alternative funding source.
Commissioner Turnberg strongly agreed with Commissioner Piepkorn's sentiments and said she has never received any constituent requests for an expansion of City government or more individuals involved in its operation. She said Commissioners are accessible via email and phone, and Commissioners consistently encourage public outreach and visits. She said if it is not broken do not fix it and there needs to be more time to engage with constituents and gauge their opinions, perhaps through an advisory vote. She said there will be a significant financial implication to adding two Commissioners, potentially around $200,000.00 with benefits, plus the cost of a full-time Mayor, and resources are not unlimited. She said she wants to hear more public feedback, specifically regarding the full-time Mayor proposal.
Commissioner Strand said the third motion does not grant the Mayor any increased authority, powers, duties or responsibilities and he views it as a recognition of the existing demands on the Mayor's time. He said the Mayor is the City's ambassador and is expected to attend numerous events such as ribbon cuttings, often sacrificing personal time to be the visible representative of the community. This expectation, and the public's desire to see the Mayor present, constitutes a significant commitment, he stated and addressing the time demands of the Mayor's role is overdue, especially for individuals with other careers. Making it a full-time position could encourage a wider range of people to consider running for Mayor, he said, and he is comfortable with the fact that a decision on adding two more Commissioners cannot be made immediately, as that rests with the public. He said the public's view on the need for more Commissioners might be influenced by whether or not the Mayor's position is enhanced.
Commissioner Turnberg moved the decisions on these topics be delayed for 30-days.
Second by Kolpack. On call of the roll Commissioners Turnberg, Kolpack, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Applications for Property Tax Exemption for Improvements Made to Buildings Approved:
a. Michael Solc and Kallie Eberling, 902 Southwood Drive South (5 years).
b. Nancy J Schafer Revocable Living Trust, 4426 Carrie Rose Lane (5 years).
c. Erin Naylor, 1813 25 1/2 Avenue South (5 years).
d. Petar and Veselina Volkov, 85 22nd Avenue North (5 years).
e. Kimberly Ondo, 1545 4th Avenue South (5 years).
f. Wayne and Sandra Aamoth, 1328 7th Street South (5 years).
g. Barry Schmeiss, 6 North Terrace North Unit 6 (5 years).
h. The 2011 Kevin and Sara Alto Living Trust, 2401 South Flickertail Drive South (5 years).
i. Mark Eskildsen, 229 23rd Avenue North (5 years).
j. Carly Aamoth and Alex Wolf, 1413 7th Street South (5 years).
k. Susan and Kurtis Hansey, 223 Prairiewood Drive South (5 years).
l. Susan Thompson, 3308 1st Street North (5 years).
m. Jesse and Joseph Rinehart, 723 8th Street South (5 years).
n. Patricia and Aaron Romaine, 1505 10th Street South (5 years).
o. Jared and Abigail Hineman, 101 Meadowlark Lane North (5 years).
p. Derek Steiner and Anna Schimmelpfennig, 3238 45th Avenue South (5 years).
q. Riley and Sophia McGraw, 415 University Drive South (5 years).
Commissioner Kolpack moved the applications be approved.
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.
Liaison Commissioner Assignment Updates:
The Commissioners gave reports on the Boards and Committees on which they serve.
Second Reading and Final Adoption of an Ordinance Enacting Section 10-0327 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare (Moved from the Consent Agenda):
Commissioner Kolpack moved to waive second reading at length of an Ordinance Enacting Section 10-0327 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare.
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.
Police Chief David Zibolski said these changes take Ordinances that were in existence for consumption and possession of alcohol in public places and public urination, and changes the penalty from a noncriminal fine to an infraction. He said the changes are due to working with Downtown partners and in response to community concerns, he said they provide Police officers with an option to make an arrest if need be and at their discretion. He said the change would include a fine of up to $1,000.00, which would be up to a judge.
Commissioner Kolpack said there continues to be a lot of attention about concerns Downtown and what activities and what actions are being taken by City staff and the Commission to address them. She said she had meetings with businesses who reached out with questions and she shared with those businesses the action taken on March 31st with these Ordinances and some of the businesses were not aware of the changes. She said the more the City can get in front of the community and show what it is being done to address issues is the reason she asked that these items be moved from the Consent Agenda. She said she wants more awareness and wants Downtown businesses and the community to know that there is a lot of action and work still being done.
Commissioner Piepkorn said he is glad the camping Resolution expires April 30th and he encourages people to drive around Downtown after dark and look at all the empty apartments and condos and the Downtown businesses that have left due to the fact that people are afraid to come Downtown. He said more needs to be done and this needs to be taken more seriously due to the fact that it is having a huge, damaging effect on the tax valuations of the buildings and on the economy. He said the Downtown Engagement Center and the Needle Exchange Program have got to go and the enabling has to end. What is going on now is a disaster, he said.
Commissioner Strand clarified his previous "no" vote on the changes and his opposition stemmed from the rushed process – the discussion occurred on a Tuesday, and the item was on the agenda by Thursday, without input from key stakeholders. He expressed concern about potential unintended negative impacts, particularly on vulnerable Downtown residents. He highlighted the lack of involvement from Fargo Cass Public Health and legal counsel in the proposal's development and advocated for broader consultation, especially with those representing struggling individuals.
Chief Zibolski said Officers will continue to use their discretion when addressing these situations, emphasizing a strong history of collaboration with Public Health and the City prosecutor. He said all relevant parties participated in the discussion and recent changes making certain behaviors non-criminal have hindered the Officer’s ability to take action, such as arrest, to remove individuals engaging in unlawful and non-compliant behavior. Reclassifying these actions as infractions will provide that necessary tool, he said, allowing officers to use their judgment appropriately to maintain current practices while also enabling arrests when required. He said that while the Police works closely with Public Health and individuals experiencing homelessness, the issue of open intoxication and public urination is not limited to that population and affects the safety and comfort of the broader community. This change aims to provide an additional tool for officers to navigate these complex situations, he stated, and ensure a safe environment for everyone, trusting in their ability to exercise appropriate discretion.
Commissioner Piepkorn said the City has spent a lot of money Downtown and the City needs to support it.
Commissioner Kolpack moved that the proposed Ordinance Enacting Section 10-0327 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare, which was placed on its first reading March 31, 2025, be now placed on its second reading and a vote taken on the question of its final passage and adoption.
Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Turnberg and Mahoney voted aye.
Commissioner Strand voted nay.
The Ordinance was duly passed and adopted.
Second Reading and Final Adoption of an Ordinance Amending Sections 25-1518(A) and (B) of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages and Section 1-0305 of Chapter 1-03 Relating to Ordinance Violations (Moved from the Consent Agenda):
Commissioner Kolpack moved to waive second reading at length of an Ordinance Amending Sections 25-1518(A) and (B) of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages and Section 1-0305 of Chapter 1-03 Relating to Ordinance Violations.
Second by Strand. On call of the roll Commissioners Kolpack, Strand, Piepkorn, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Commissioner Kolpack moved that the proposed Ordinance Amending Sections 25-1518(A) and (B) of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages and Section 1-0305 of Chapter 1-03 Relating to Ordinance Violations, which was placed on its first reading March 31, 2025, be now placed on its second reading and a vote taken on the question of its final passage and adoption.
Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Turnberg and Mahoney voted aye.
Commissioner Strand voted nay.
The Ordinance was duly passed and adopted.
Resident Comments:
None.
The meeting adjourned at 6:32 o’clock p.m.