Fargo City Commission - October 13, 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 4:00 o'clock p.m., Monday, October 13, 2025.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Turnberg, Mahoney.
Absent: Strand.
Mayor Mahoney presiding.

The Mayor announced that the Board of City Commissioners will retire into Executive Session in the Red River Room for the purpose of discussing negotiating strategy or providing negotiating instructions to its attorney or other negotiator regarding the previously authorized discussions with identified property owners pertaining to relocation of the Resource and Recovery Center. Discussing these matters in an open meeting will have a negative fiscal effect on the bargaining position of the City. Thus, an Executive Session for this matter is authorized pursuant to North Dakota Century Code § 44-04-19.1 subsection 9.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by North Dakota Century Code § 44-04-19.1 subsection 9 to discuss said matter.
Second by Piepkorn. All the Commissioners present voted aye and the motion was declared carried.

At 4:02 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 4:54 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 showcasing the renovations at Fire Station No. 5.

Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved, adding an extra item to the Regular Agenda to approve the Agreement for Property Demolition with Western Excavation, LLC for property located at 1102 1st Avenue South.

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

Minutes Approved:
Commissioner Turnberg moved that the Minutes of the Regular Meeting of the Board held on September 29, 2025 be approved as read.

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

Consent Agenda Approved:
Commissioner Strand moved the Consent Agenda be approved as follows:

1. Application for Abatement or Refund of Taxes #4594 for property located at 1405 10th Street North requesting a reduction in value for 2025 from $183,700.00 to $95,000.00; staff is recommending a reduction in value to $106,000.00 for 2025.
2. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Section 21.1-0102 of Article 21.1-01, of Chapter 21.1, of the Fargo Municipal Code Relating to the International Residential Code.
3. 1st reading of an Ordinance Amending Sections 8-0801, 8-0802, 8-0803, 8-0804, 8-0805, 8-0806, 8-0807, and 8-0808, of Article 8-08, of Chapter 8, of the Fargo Municipal Code Relating to Crashes and an Ordinance Repealing Section 8-0809, of Article 8-08, of Chapter 8, of the Fargo Municipal Code, Relating to False Reports and an Ordinance Amending Section 1-0305, of Article 1-03, of Chapter 1, Relating to Classification of Ordinance Violations.
4, 1st reading of an Ordinance Amending Section 8-1009 of Article 8-10 of Chapter 8 of the Fargo Municipal Code Relating to the Traffic Code.
5, 1st reading of an Ordinance Amending Section 25-1507 (A) of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.
6. 2nd reading, waive reading and final adoption of an Ordinance Annexing a Certain Parcel of Land Lying in a Portion of the West Half of the Northwest Quarter of Section 14, Township 140 North, Range 49 West of the 5th Principal Meridian in Cass County, North Dakota.
7. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in 46th Avenue Industrial Park Second Addition to the City of Fargo, Cass County, North Dakota.
8. Consulting Agreement with Bloomberg Consulting LLC.
9. Extension of the Class “FA-RZ” Alcoholic Beverage License for Dakota Food Group LLC d/b/a Teddy’s until 3/31/26.
10. Gaming Site Authorizations.
11. Applications for Games of Chance.
12. Amendment No. 2 with Apex Engineering in the amount of $77,350.00 for Project No. NR-24-A0.
13. Final Balancing Change Order No. 2 for a time extension to the Substantial and Final Completion Dates of 10/31/24 and 7/31/25 for Project No. NR-23-A3.
14. Memorandum of Understanding Regarding Construction and Maintenance and Deed of Easement with the US Department of Veteran’s Affairs (VA) for Project No. SN-25-B0.
15. Permanent Easement (Alley) with Chad Borgen Properties LLC (Project No. AN-19-A1).
16. Change Order No. 5 in the amount of $8,272.67 for Improvement District No. BN-23-F1.
17. Change Order No. 1 in the amount of $161,454.33 and 4-day time extension to the Phase 1 Interim Completion Date to 10/3/2025 for Improvement District No. BN-25-E1.
18. Change Order No. 1 in the amount of $26,590.85 for Improvement District No. FP-19-A4.
19. Change Order No. 4 for a time extension to the Substantial and Final Completion Dates of 10/2/25 and 3/16/26 for Improvement District No. BN-24-B1.
20. Payment to Cass County Electric Cooperative in the amount of $28,150.00 for the extension of electrical service to the storm sewer and sanitary lift stations (Improvement District No. BN-24-B1).
21. Declare protests sufficient to terminate Improvement District No. BN-26-A.
22. Create Improvement District No. BR-26-E and adopt Resolution of Necessity (Paving and Utility Rehab/Reconstruction).
23. Receive and file Limited Franchise Agreement with Cass County Electric, adding the area annexed by the City of Fargo on 8/18/25.
24. Items from the FAHR Meeting:
a. Receive and File Sales Tax Update - through July 2025.
b. Budget Adjustment Request and acceptance of the Peace Officer Appreciation Award, as authorized by HB 1193, in the amount of $260,321.72.
c. Budget Adjustment Request and authorize the use of $13,876.80 of asset forfeiture funds to purchase five display screens and accessories for the Real Time Crime Center.
d. Budget Adjustment Request and acceptance of the STOP Violence Against Women funds for the purchase and implementation of the Lethality Assessment Program (LAP).
e. Bid award to Peregrine Technologies, Inc. in the amount of $141,500.00/year and Peregrine Customer Order Form and Scope of Services (RFP25257).
f. FY2025 EMPG/FY2024 EMPH Round 2 application to NDDES in the amount of $108,182.00, with the local cost share of $54,091.00 (CFDA #97.042).
g. Memorandum of Understanding with the Park District of the City of Fargo, the Downtown Community Partnership and Block 9 Plaza Owner, LLC.
h. Settlement Offer of $18,819.95 from GEICO Insurance for 2020 Ford Fusion.

25. Notice of Grant Award amendment with the ND Department of Health and Human Services for PHEP – EPR All Hazards allocation (CFDA #93.069).
26. Notice of Grant Award amendment with the ND Department of Health and Human Services for PHEP – EPR Statewide Response Team (CFDA #93.069).
27. Resolution approving Plat of Valley View Twelfth Addition (Attachment “A”).
28, Resolution approving Plat of Bison Run Addition (Attachment “B”).
29. Piggyback purchase through Sourcewell Cooperative Purchasing Agreement with Swanston Equipment in the amount of $172,904.00 for one Volvo DD120 Asphalt Roller/Compactor (PBC25290).
30. Engineering Task Order No. 2025-4 with HDR Engineering, Inc. for landfill gas pipeline realignment design in an amount not to exceed $58,920.00.
31. Engineering Task Order Amendment No. 3 from Stantec in the amount of $54,108.05 for Project No. SW 23-01.
32. Agreement with Concordia College (U-Pass).
33. Bid award to Metropolitan Mechanical Contractors in the amount of $103,975.00 to complete the RO CIP Hot Water Project at the Water Treatment Plant (RFP25250).
34. Revised Resolution Authorizing the Issuance and Sale of $20,000,000.00 City of Fargo Sales Tax and Sewer Revenue Bond; Resolution Authorizing the Issuance and Sale of $20,000,000.00 City of Fargo Sales Tax and Water Revenue Bond and ND State Revolving Fund Program Loan Agreements with the ND Public Finance Authority (Attachment “C” and Attachment “D”).
35. Direct the City Attorney’s Office to work with the Water Utility to review and update the Ordinance for Abandoned Lead Service Lines.

36. Bid Awards for Project No. WA2501:
a. General Construction contract to Classic Protective Coatings in the amount of $1,317,375.00.
b. Electrical Construction contract to Magnum Electric in the amount of $89,830.00.

37. Change Order No. 2 in the amount of $18,527.07 for Project No. WW2005.
38. Amendment No. 2 with AE2S Engineering in the amount of $12,800.00 for Project No. WW1707.
39. Final Balancing Change Order No. 3 in the amount of -$146,860.37 and time extensions to the substantial and final completion dates to 6/24/25 and 9/15/25 for Project No. WW1707.
40. Bills in the amount of $13,241,840.23.

Second by Kolpack. On call of the roll Commissioners Strand, Kolpack, Piepkorn, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Hearing on Zoning Changes and Plat for EOLA Second Addition and the Proposed J&O 45th Street Apartments (4417 and 4477 26th Avenue South and 4410, 4448, 4470 and 4474 24th Avenue South, and 4415 and 4471 24th Avenue South) Continued to October 27, 2025:
A Hearing had been set for the day and hour on Zoning Changes and Plat for EOLA Second Addition and the proposed J&O 45th Street Apartments; however, staff is requesting the Hearing be continued to October 27, 2025.
Commissioner Kolpack moved the Hearing be continued to 5:05 o’clock p.m. on Monday, October 27, 2025.

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.

Presentation from the Greater Fargo Moorhead Economic Development Corporation on Job Creation Incentive Projects:
Joe Raso, President and Chief Executive Officer of the Fargo Moorhead Economic Development Corporation, said this report is a unique, collaborative effort with City staff to track and report on the City's partnerships with primary sector businesses. He said there are four ways a regional economy grows: transfer payments (government funds); higher education (student enrollment/spending); tourism; and primary sector businesses (companies that serve national/international markets and choose to locate in Fargo). He said this project was initiated by the Economic Development Incentives Committee (EDIC) to improve the City's ability to collect and report on these partnerships. Sammi Rowe, Senior Vice President of Business Intelligence at the FMEDC led the data collection on the nearly two dozen active contracts, he said, to ensure companies fulfill commitments regarding new property taxes, jobs and wealth creation. He said about a half-dozen contracts are still in operation and several started pre-COVID and have been impacted by the pandemic, automation and a tight workforce. Companies with current contracts are still posting hundreds of open jobs, he said.
Ryan Aasheim, Chief Business Development Officer with the FMEDC said the report includes data from 15 participating companies. The average wage reported by these companies is $77,328.00, he said, which is 35% higher than the committed wages of $57,000.00 in their incentive agreements. The difference in actual vs. committed wages equates to $28.5 million in additional payroll for these employees, he stated. Property tax valuations on the partnered properties has increased more than 300% over the last several years under these current contracts, he said and this data is conservative and does not include indirect or induced economic impacts, for example sales in healthcare, shopping and housing. The Fargo metro ranks 11th out of 387 metropolitan areas in the U.S. in terms of diversity of economy, he said.
In response to a question from Mayor Mahoney asking where the public can view the report, Mr. Raso said GFMEDC will post it on its website and it is also available on the City's website with the agenda packet.
Commissioner Piepkorn acknowledged the work and thanked the GFMEDC for the collaborative, more efficient data collection process. He said the City attempted voluntary participation for the report this year, with 20 of 23 participating; however, the City should require participation in the future to ensure incentive recipients report.
In response to a question from Commissioner Kolpack asking about the GFMEDC's strategies for workforce attraction, Mr. Raso said there are two main efforts: a regional workforce survey was done and those results will be presented on November 12th and marketing efforts are under way using the liveinfargo.com site, which also covers the broader Fargo-Moorhead area, to attract people to the region. He said the GFMEDC is communicating with more 20,000 targeted individuals about the F-M area.
Commissioner Strand said he is concerned with the more than 5% non-fulfillment rate in projected job creation, which equals about 110 jobs, calling it a substantial deficit, especially with three businesses not participating. He asked if that rate is acceptable and how the City can tighten up claw back mechanisms. He votes for incentives, he said; however, only to create promised jobs at promised wages. Mr. Raso said the job create report is an opportunity to have a further conversation and not a "gotcha." The goal is to work with companies to understand challenges, such as automation or workforce shortages, he said. He said claw backs exist and the GFMEDC views incentive performance as a portfolio, pointing out its successful $9.6 million loan fund.
In response to a question from Commissioner Strand asking about the current status of support for incentives among other local governments given the State cap on subdivisions, Mr. Raso said the region is fortunate to have continued activity with approximately 35 current projects. He said he advises against turning off incentives due to the fact that the City needs that tool to remain competitive and make informed decisions.

Developers Mutchler-Bartram, Enclave, RLE and EAPC to Submit Proposals for Second Phase of the Convention Center Site Selection Process:
Strategic Planning and Research Director Jim Gilmour said the Convention Center Committee is recommending that four developers be invited to submit a proposal for the second phase of the Request for Proposals (RFP) process.
Convention Center Committee member Charley Johnson said Fargo received nine proposals for a Convention Center site and Committee members reviewed and scored the proposals based on the criteria in the RFP approved by the City Commission. The review included individual reviews by each Committee member, he stated, as well as presentations and interviews with each of the nine developers over a three-week period. Scoring of the proposals was done by members of the Committee, he said and after reviewing the average scores of each proposal, the Committee recommended the proposals with the four highest scores be invited to participate in the next phase of the review process. He said the four proposals recommended for the second phase are: Mutchler-Bartram and a site west of Brewhalla; Enclave with a site near Scheels Arena; RLE and a FARGODOME site; and EAPC with a Civic Center/Downtown site. The City Commission-approved RFP specified a recommendation of up to five finalists, he stated and the City Commission would review and approve the developers to participate in the second phase of the review process. The Committee will now prepare a description and review criteria of the information to be submitted for the second phase RFP, he said and the City Commission will review and approve the second phase RFP prior to it being distributed to the developers.
Commissioner Kolpack said she commends the Committee members for their industry expertise and invaluable questions and there was significant effort spent on finalizing the ranking and judging formula.
Commissioner Piepkorn said the next phase is critical as it involves the financial modeling. He said the final project must be financially successful and not a burden on taxpayers, and the financial aspect is more important than the location. He said all nine initial projects had appealing elements, making the scoring difficult.
Mr. Johnson said getting nine viable projects was a pleasant surprise and heartening for the project's potential.
In response to a question from Commissioner Strand asking whether there is an intention to engage the public to get formal input on their preferences for the remaining sites, Mr. Johnson said public engagement has been discussed; however, a formal process has not yet been finalized for the second round. He said feedback via email is currently being received. He said the process has been very transparent, all meetings are televised and recorded and the individual scoring of every proposal by every Committee member has been posted publicly.
Commissioner Piepkorn said the Committee meetings are open to the public and held at 1:00 p.m. on Fridays for in-person participation.
Commissioner Kolpack moved that the four developers Mutchler-Bartram, Enclave, RLE and EAPC submit proposals for the second phase of the
Convention Center site selection process.

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.

Interim Financing Agreement, Series F By and Between Garrison Diversion Conservancy District, Lake Agassiz Water Authority, City of Carrington, City of Cooperstown, City of Fargo, City of Grand Forks, City of Hillsboro, City of Mayville and City of Valley City for the Red River Valley Water Supply Project Approved:
Assistant City Attorney Ian McLean said this item is for the approval of Interim Financing Agreement, Series F, related to the local cost share for the Red River Valley Water Supply Project (RRVWSP). He said the RRVWSP is designed to deliver treated water from the Missouri River Basin to central and eastern North Dakota, providing supplemental and emergency water supplies during droughts or when local sources are insufficient. He said this is the next phase of Fargo's ongoing collaboration with Federal, State and local partners for a project that has been discussed for decades and in development for more than 10 years. Five previous financing agreements, Series A through Series E, totaling more than $600 million has been approved, he stated, with Fargo's total share being approximately $120 million. He said Series F is a continuation under similar terms and the agreement is associated with the 2025–2027 State Biennium Work Plan for the RRVWSP.
Dan Portlock, Water Utility Engineer, said the total work plan cost is $273.33 million. The State share (75%) is $205 million, he said, which is one of the largest single appropriations in Legislative history, demonstrating State priority. He said the local share (25%) is $68.33 million, which is being financed by Garrison Diversion through an infrastructure loan with the Bank of North Dakota (BND), and terms include this will be a 40-year loan at 2% interest, which is a historically unique offer from the BND. He said debt service is deferred for the first two years, followed by interest-only payments for the next three years. This structure was necessary to allow water systems time to grow their rates, he said. Fargo's 25% share of the cost includes the participation of the City of West Fargo and the Cass Rural Water Users District, he stated. All participants are paying $1,000.00 per gallon for their nominated water supply, he said and Fargo's share of the project cost has been included in the water utility's financial model and projected water rates to avoid burdening taxpayers directly.
Mr. McLean said there was a slight, non-substantive modification made in conjunction with the Department of Water Resources (DWR), with the new recital language being "All parties recognize valid Thompson-Aase Water Rights held by Grand Forks, Fargo, West Fargo, Valley City and Lisbon. Agreements or modifications related to these Thompson-Aase Water Rights will be negotiated and executed solely and exclusively with the North Dakota Department of Water Resources and the list of right holders above." He said Thompson-Aase Water Rights refer to the right to have stored water at Lake Ashtabula and ensures that only the five listed cities and the DWR can negotiate changes to those specific rights.
Mayor Mahoney said the team is actively seeking Federal funding which, if secured, would help decrease the rates ultimately paid by consumers.
In response to a question from Commissioner Piepkorn asking how this debt affects the City's balance sheet and bond rating, given it is a substantial obligation, Mr. Portlock said the debt is in the name of Garrison Diversion and therefore, does not affect the City’s bond rating as it is not seen as obligated debt. However, he said, the City is obligated to repay the debt and the financial model for the water utility does project the debt into future water rates.
Commissioner Piepkorn expressed concern that the debt does not show up on the City's balance sheet, despite it being a firm obligation. He said many small, eligible cities cannot afford to participate, suggesting the State should explore a scholarship program to support them and aid their economic development.
Mr. McLean said the debt offered by BND has resulted in excellent sign-up from users throughout the State. He agreed that continued State and potential Federal help would benefit smaller users.
Commissioner Kolpack reinforced the importance of the relationship with the State, particularly the BND and the Legislature for securing the $205 million in support for a project of such significant economic impact to the State's eastern region.
Mayor Mahoney said the Legislature increased the appropriation from an earlier $150 million figure to the final $205 million.
Commissioner Strand noted the historical significance of the project and that water from western to eastern North Dakota has been anticipated for generations. This project is a gargantuan achievement, he said, that provides resilience and a solid future against both flooding and drought.
Commissioner Kolpack moved the Interim Financing Agreement, Series F by and between Garrison Diversion Conservancy District, Lake Agassiz Water Authority, City of Carrington, City of Cooperstown, City of Fargo, City of Grand Forks, City of Hillsboro, City of Mayville and City of Valley City for the Red River Valley Water Supply Project 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.

Construction Update:
City Engineer Tom Knakmuhs said there have been no injuries or accidents on any City projects since the last report. Residents are encouraged to use the Fargo Streets webpage for information on current and future projects, he said, including an interactive map that shows real-time road closures. He said the Gateway Fiber buildout continues and a GIS tool has been developed and is being used internally to track the progress and issues related to the fiber buildout. Residents with concerns about the buildout are encouraged to visit the City of Fargo website, he said, where email and phone numbers are provided to report issues. He said a large number of projects are underway across the City, with a few core neighborhood projects expected to wrap up in the next couple of weeks. At Selkirk Third Addition Phase One, he said, the west half is complete and home construction has begun. Contractors are also installing underground utilities and working on roadway construction on the east part of the project, he said. At the Dakota Commerce Center Phase Two project, contractors are working on the installation of underground utilities and earthwork for the roadways, he said and work is moving east to west on 52nd Avenue North, just south of the lagoons, including the installation of storm sewer. At the Southwest Metro Pond project, the contractor completed the installation of box culverts under 45th Street south of 64th Avenue, he stated and one of the culverts is for the waterway and the other is a grade-separated pedestrian crossing. He said excavation is progressing at the site, with about 60% of the overall clay for the project now moved and contour shaping is visible on the expanded part of the larger north pond. He said completed projects include: 32nd Avenue, where the segment between 15th Street and 22nd Street is complete and open to the public; 6th Street South; an area in the Longfellow neighborhood on Hickory Street; and 8th Street between NP and 1st Avenue North. He said a significant, but less visible, component of these projects was the update to underground infrastructure, which in many cases was more than 100 years old. He said a section of the shared-use path along the Red River northeast of City Hall was repaired, with work addressing significant settling and grade issues in the existing concrete path, bringing it back to Americans with Disabilities Act (ADA) standards, he said. The list of completed projects continues to grow as the construction season nears its end, he said and he anticipates providing another update next month, at which point the construction season is expected to be largely wrapped up.

Agreement for Property Demolition with Western Excavation, LLC for Property Located at 1102 1st Avenue South Approved:
Assistant City Inspector Chris Rose said the bid for demolition was awarded by the City Commission on September 29th and now in order for the demolition to proceed, the Agreement needs to be approved.
Commissioner Piepkorn moved the Agreement for Property Demolition with Western Excavation, LLC for property located at 1102 1st Avenue South 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.

Liaison Commissioner Assignment Updates:
The Commissioners gave reports on the Boards and Committees on which they serve.

The meeting adjourned at 5:53 o’clock p.m.