Fargo City Commission Regular Meeting – June 23, 2025

The Fargo City Commission met on Monday, June 23, 2025, beginning with an executive session at 4:00 PM for attorney consultation regarding threatened litigation with Southern Valley Fire & Rescue Rural Fire Protection District. The executive session ended at 4:25 PM, and the regular meeting was called to order at 5:00 PM. The meeting included a legislative session report, multiple public hearings, and decisions on grants, liquor licenses, a dangerous building, and floodplain management policies. All five commissioners (Denise Kolpack, Dave Piepkorn, John Strand, Michelle Turnberg, and Mayor Timothy Mahoney) were present. The meeting adjourned at 6:12 PM.

Consent Calendar

• Approved unanimously (5-0) the consent agenda containing 37 items, including: letters of support for Southpointe Service Center and J&I Enterprises to the ND Opportunity Fund Consortium; an evaluation of Broadway amenities; repeal of ordinances for the Parking Commission, Community Development Committee, and City Hall/Auditorium Commission; final adoption of several code amendments (licenses, public ways, building and fire codes); renewal of alcoholic beverage and live entertainment licenses through June 30, 2026; site authorizations and applications for games of chance; an access agreement with Riverside Cemetery Association; acceptance of Urban Grant Program funds from NDDOT; a developer agreement for Champions Gate Addition; storm sewer easements; a ground mural artwork project agreement; permanent easements; various change orders (including a negative final balancing change order of -$262,173.64 for Project No. NR-26-B0 and a bid award of $6,399,043.71 to Dakota Underground Company, Inc. for Improvement District BN-25-E1); items from the FAHR meeting (budget reports, leases, policy, rate changes, hiring requests, budget adjustments); a purchase of service agreement with Central Cass Public School District; setting a July 21, 2025 public hearing on a dangerous building at 2826 12th Street South; plat approval for Urban Plains Medical Park Second Addition; sidewalk snow removal service agreements; a public transportation agency safety plan; a contract and bond for Project No. WA2502; a lead service line replacement agreement; and bills totaling $15,186,197.84.

Public Comments & Testimony

• Brian Brockner (resident): Described ongoing cyber harassment, hacking, and identity theft attempts. He stated that the Fargo Police Department told him they are not equipped to handle such cases. He urged the commission to consider raising taxes or seeking federal grants to establish a cyber crimes unit, noting that cyber fraud is a multi-million-dollar industry affecting many, especially the elderly and younger individuals through sextortion.
• Ryan Netterville (resident): Alleged that police ambushed him in the probation office, attempting to remove his vest and items from his pockets, though he was not under arrest. He claimed his previous comments and a drawing about security at city hall led to police interest and that he feels his treatment mirrors that which led to the death of a person named Shane. He expressed concern about his safety.
• Olivia Fisher (resident, virtual): Criticized the commission for allowing politicians to exceed speaking time while cutting off community members. She stated that a promised 55 housing units by June 1 were not delivered, and that no public announcement was made until June 18. She argued that the lack of support leads to longer periods of unsheltered living and increased police harassment.

Discussion Items

• 2025 Legislative Session Report (Item 38): Special Assistant City Attorney for Government Relations Terry Effertz presented an overview of the 2025 North Dakota legislative session. She reported that 1,089 bills were introduced, with 700 additional drafted but not introduced. The city monitored, supported, or opposed approximately 80 bills. Key issues included tax reform (House Bill 1176 with 3% caps), infrastructure, transit funding (a bill that was defunded but resulted in a study), local control, and public safety. She noted the loss of Fargo’s voting method (ranked-choice voting) due to state action, with local legislators largely supporting the change. She recommended more frequent meetings with local legislators (quarterly), expanding to include Casselton area lawmakers, and adopting a formal bill positioning process to prevent individual commissioners from undermining the city’s official stance. Commissioner Strand asked for follow-up on a reported instance where a commissioner made phone calls against a deflection/diversion center proposal; the Mayor agreed to investigate whether policies were followed.
• Floodproof Construction Requirements Policy (Item 47): Nathan Burbaum (city staff) presented the need to update floodplain management ordinances and the floodproof construction policy due to FEMA’s completion of the Western Cass Flood Insurance Study. Key changes: eliminating the 41-foot water surface elevation requirement (which was a precaution pending the diversion’s completion) and simplifying elevation requirements for areas outside the 100-year floodplain (30 inches above adjacent street or curb). Floodproof basements will no longer be required in the 41-foot area (outside the floodplain), lowering construction costs. The city also seeks to renew its unique basement exception from FEMA (one of only 50 communities nationwide with such an exception). Commissioner Mahoney clarified that slab-on-grade homes remain permissible. The policy update is needed to maintain the city’s participation in the National Flood Insurance Program.
• Public Hearings (Items 39-46):
  • Item 39: Section 5307 Federal Transit Administration grant (operating) – approximately $3.6 million total; no public comment; approved 5-0.
  • Item 40: Sections 5310 and 5339 capital grants – for mobility management and bus equipment; no public comment; approved 5-0.
  • Item 41: Withdrawn (Prairie Crossing Addition).
  • Item 42: Continued to July 7, 2025 (Northdale First Addition rezoning).
  • Item 43: Continued to July 7, 2025 (annexation of 87.89 acres).
  • Item 44: Class C alcoholic beverage license for DBLD, Inc. d/b/a Lil’ Jimmy’s (beer only, on-sale). The liquor control board recommended 4-0 approval. Commissioners briefly discussed the background check look-back period; Commissioner Strand suggested the liquor board consider a policy on how far back to check records. Approved 5-0.
  • Item 45: Class W alcoholic beverage license for Hera Nail Bar & Head Spa (wine on-sale). The liquor control board split 2-2, sending it without recommendation. Commissioners noted that similar licenses have been approved for nail/hair salons in the past. Approved 5-0.
  • Item 46: Dangerous building at 1102 1st Avenue South. Inspections Director Shawn Randick detailed the property’s condition (vacant since 2023, stripped of siding, multiple trespassing calls). The owner (AJS Ventures LLC) proposed saving the structure. One resident, Heather Johnson, urged demolition. The commission approved a motion to direct the City Attorney’s Office to prepare findings and order, and to authorize removal if not removed by August 22, 2025 (amended to August 23, 2025, then clarified to August 22, 2025; mayor noted the ordinance allows repair within 60 days). Approved 5-0.

Key Outcomes

• Approvals (all unanimous 5-0): Consent agenda; order of agenda (continuing Item 43 to July 7); minutes of June 9, 2025; Section 5307 grant; Sections 5310/5339 grants; continuation of Items 42 and 43 to July 7, 2025 at 5:05 PM; Class C license for Lil’ Jimmy’s; Class W license for Hera Nail Bar & Head Spa; dangerous building resolution for 1102 1st Avenue South; revised Floodproof Construction Requirements Policy and authorization to submit basement exception renewal to FEMA.
• Directives: City staff to investigate whether a commissioner violated internal policies by making personal phone calls to legislators contrary to the commission’s majority stance on a proposal (per Commissioner Strand’s request).
• Next Steps: The annexation (Item 43) and Northdale First Addition (Item 42) public hearings are continued to July 7, 2025. The dangerous building at 1102 1st Avenue South has until August 22, 2025 for the owner to either demolish or commence repairs; if not, the city will proceed with removal. The floodplain policy and basement exception will be submitted to FEMA.