Far More is Happening Here

Board of City Commissioners - October 27, 2025 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 4:00 o'clock p.m., Monday, October 27, 2025.

The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney announced that the Board of City Commissioners will retire into Executive Session in the Red River Room for the purpose of receiving its attorney’s advice and guidance on the legal risks, strengths and weaknesses of an action of the public body pertaining to the Enterprise Environmental Health product and Tyler Technologies, Inc. contract. Discussing these matters in an open meeting will have an adverse fiscal effect on the City. Thus, an Executive Session for these matters is authorized pursuant to North Dakota Century Code § 44-04-19.1 subsection 5; and for the purpose of discussing negotiation strategy and providing negotiating instructions to the City’s attorney or other negotiator regarding one or more agreements for the leasing of real property (land and improvements) for the relocation of the downtown Resource and Recovery Center, and the financing arrangements for such leasing, as discussing such negotiations, strategy and pricing in an open meeting would have a negative fiscal effect on the bargaining position of the City of Fargo. Thus, an Executive Session for these matters 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 subsections 5 and 9 to discuss said matters.

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

At 4:01 o’clock p.m. the Board moved to the Red River Room to discuss the matters in Executive Session.
Members present were: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Members absent: None.

The Executive Session closed at 5:02 p.m. and the meeting reconvened in public session at 5:05 o’clock p.m.
All Commissioners present.
Mayor Mahoney presiding.

Commissioner Turnberg moved the Enterprise Environmental Health Product be terminated for cause, provide notice to Tyler Technologies, Inc. and attempt to recoup all costs as a result of the non-performance.

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

Videos were shown highlighting the Indigenous Peoples’ Day Breakfast and Gladys Ray Award presentation, and honoring City Auditor Steve Sprague’s 26-year career with the City.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.

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

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on October 13, 2025 be approved as read.

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

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

1. Interest Buydown Agreement, Escrow Agreement - Pace Program and Community Pace Interest Buydown Authorization with the Bank of ND and JP Development LLP.
2. Certificate of Completion with Grove Enclave, LLC (Tax Increment District 2021-03 Project).
3. 2nd reading, waive reading and final adoption 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. 2nd reading, waive reading and final adoption 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. 2nd reading, waive reading and final adoption 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 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.
7. Settlement Agreement between City of Fargo and Newman Signs, Inc.
8. Applications for Games of Chance.
9. Right of Way Use Agreement with Bison Run Rentals, LLC for 1102 and 1110 17th Street North.
10. Final Balancing Change Order No. 4 in the amount of $17,999.00 for Project No. NR-24-B2.
11. Final Balancing Change Order No. 1 in the amount of $0.00 for Project No. NR-24-B3.
12. Change Order No. 2 in the amount of $107,151.00 and a 14-day time extension to the Substantial and Final Completion Dates 10/17/25 and 11/3/25 for Project No. SR-25-B1.
13. Change Order No. 5 in the amount of $2,652.00 for Project No. TN-24-A1.
14. Negative Final Balancing Change Order No. 2 in the amount of -$417.40 for Project No. UR-25-D1.
15. Bid award to Earthwork Services Inc. in the amount of $1,168,127.05 for Project No. SN-25-B1.
16. Bid advertisement for Project No. BR-27-E.
17. Change Order No. 6 in the amount of $86,744.00 for Improvement District No. BN-23-F1.
18. Change Order No. 2 in the amount of $39,010.56 for Improvement District No. BN-25-C1.
19. Change Order No. 2 in the amount of $23,514.55 for Improvement District No. BN-25-E1.
20. Change Order No. 1 in the amount of $2,146.84 and a time extension to the Substantial and 21.
Final Completion Dates of 11/7/25 and 5/1/26 for Improvement District No. BR-25-A1.
21. Change Order No. 1 in the amount of $5,580.85 for Improvement District No. PN-25-A1.
22. Bid award to Northern Improvement Co. in the amount of $3,498,999.45 for Improvement District No. BR-26-A1.
23. Resolution Authorizing the Issuance of Not to Exceed $58 million City of Fargo Refunding Improvement Bonds, Series 2025D, Prescribing the Terms and Covenants Thereof, and Creating a Fund for the Payment Thereof (Attachment “A”) and Resolution Creating the Funds of Improvement Districts, Providing for and Appropriating Special Assessments for Support and Maintenance of Said Funds, and Authorizing Issuance of not exceeding $58 million Improvement Warrants (Series 2025D) Thereon (Attachment “B”).
24. Items from the FAHR meeting:
a. Receive and file General Fund - Budget to Actual through 9/30/25.
b. Receive and file General Fund - 2025 Year End Projections through 9/30/25.
c. Second Amendment to Lease Agreement with Northland Hospitality, LLC and related budget adjustment in the amount of $8,879.00.
d. Workforce Safety and Insurance (WSI) Grant award in the amount of $10,089.95.
e. Licensed Addiction Counselor position for Fargo Cass Public Health and related budget adjustment.
f. Enrollment Specialist position for Fargo Cass Public Health and related budget adjustment.
g. Bid award to Catalis in the amount of $333,430.00 for the replacement of the Computer Assisted Mass Appraisal system (RFP25088).
25. Notice of Grant Award from the ND Department of Health and Human Services for Food Sufficiency, Safe Sleep/Breastfeeding (CFDA #93.994).
26. Notice of Grant Award Amendment from the ND Department of Health and Human Services for Title X Planning Program (CFDA #93.217).
27. Notice of Grant Award from the ND Department of Health and Human Services for Expanding Access for Community-Based Cancer Prevention (CFDA #93.991).
28. End User Agreement for Employment Credit Reports with Eide Bailly LLP.
29. Amendment to the Findings of Fact, Conclusions and Order for property located at 1202-1204 1st Avenue South and 103, 105, 105 1/2 12th Street South.
30. Resolution Approving Plat of Buchholz Industrial Addition (Attachment “C”).
31. Resolution Approving Plat of Laverne’s Sixth Addition (Attachment “D”).
32. Receive and file the 2025 Downtown Fargo Parking Study and authorize staff to publish the Request for Proposals (RFP) for Parking Operator Services, pending final City Attorney review.
33. Memorandum of Understanding with Bell Bank for access to their exterior surveillance cameras to supplement the FLOCK cameras.
34. Change Order No. 2 in the amount of $0.00 for the GTC Deck Overlay Project.
35. Bid award and Contract Agreement with Metropolitan Mechanical Contractors, Inc. in the amount of $103,975.00 for the RO CIP Hot Water Project (RFP25250).
35. Bills in the amount of $17,828,948.64.

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.

Application to Transfer the Alcoholic Beverage License from JTS Corp d/b/a Frank’s Lounge to Frank’s Bar LLC d/b/a Frank’s Lounge Approved:

A Hearing had been set for this day and hour on the application to transfer the Class "Z" Alcoholic Beverage License from JTS Corp d/b/a Frank’s Lounge to Frank’s Bar LLC d/b/a Frank’s Lounge, prior notice of which had been duly published in the official newspaper for the City of Fargo. No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant. The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

City Auditor Steve Sprague said the original owners are seeking a change in direction and have identified new individuals interested in operating the business. This license is eligible for transfer, he said, due to the fact that it is a going concern and was initially issued prior to the 2014 regulatory change regarding license transfers.

Commissioner Piepkorn moved the application be approved.

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

Application Filed by Northdale Oil Inc. d/b/a Sisters Beer Wine & Spirits for an Alcoholic Beverage License Approved:

A Hearing had been set for this day and hour on the application filed by Northdale Oil Inc. d/b/a Sisters Beer Wine & Spirits for a Class "B-Annexation" Alcoholic Beverage License at 4300 County Road 81 North, notice of which had been duly published in the official newspaper for the City of Fargo. No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant. The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

City Auditor Steve Sprague said a new annexation license was recently created for areas being annexed into the City. He said the creation of this license involved the Planning, Engineering and Auditor's Departments due to its complexity and the various moving parts. This license is intended for specific, rare circumstances related to annexation and staff does not anticipate seeing many similar situations arise, he said. The fee for this type of licenses is set at $90,000.00, he stated, which is the same as the standard Class “B” license.

Commissioner Piepkorn moved the application be approved.

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.

Application Filed by DALA, LLC d/b/a The 1889 for an Alcoholic Beverage License Approved:

A Hearing had been set for this day and hour on the application filed by DALA, LLC d/b/a The 1889 for a Class "C" Alcoholic Beverage License at 602 Main Avenue, notice of which had been duly published in the official newspaper for the City of Fargo. No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor and the 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 request for a Class “C” alcoholic beverage license would be complimentary to the business’ existing wine license and does not require food sales. He said the applicant formed a new corporation and has added an owner.

Commissioner Piepkorn moved the application be approved.

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

Hearing on Zoning Changes and Plat for EOLA Second Addition and the proposed J&O 45th Street Apartments (4417 and 4477 26th Avenue South, 4410, 4448, 4470 and 4474 24th Avenue South, and 4415 and 4471 24th Avenue South) Continued to November 10, 2025:

A Hearing had been set for October 13, 2025 to consider zoning changes for EOLA Second Addition and the proposed J&O 45th Street Apartments. At the October 13, 2025 Regular Meeting, the meeting was continued to this day and hour; however, staff is requesting the Hearing be continued to November 10, 2025.

Commissioner Kolpack moved the Hearing be continued to 5:05 o’clock p.m. on Monday, November 10, 2025.

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

Resolution Adopted Approving Northern Pacific Third Addition (13, 15, 21 and 23 Broadway North, and 512 and 508 Northern Pacific Avenue):

A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of Northern Pacific Third Addition (13, 15, 21 and 23 Broadway North, and 512 and 508 Northern Pacific Avenue).

Current Planning Coordinator Donald Kress said this subdivision plat will combine five deed-split lots and an unplatted tract of land into a two lot, one block subdivision. The proposed Lot 1 will remain as a separate lot, he stated, while the others will be combined into Lot 2.

Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Northern Pacific Third Addition” containing 2 Lots, 1 Block and 1.84 acres of land more or less, located at 13, 15, 21 and 23 Broadway North, and 512 and 508 Northern Pacific Avenue; and
WHEREAS, A Hearing was held August 5, 2025 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on September 24 and October 1, 8 and 15, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., October 27, 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 “Northern Pacific Third Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Second by Turnberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Turnberg, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Annexation of 72.96 Acres, More of Less Located in Part of the Southwest Quarter and Part of the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota:

No Protests Received: A Notice was published in the official newspaper for the City of Fargo, as required by law, on October 15, 2025, stating that a petition had been filed with the City of Fargo for annexation of 72.96 acres, more of less located in part of the Southwest Quarter and part of the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota. No protests have been filed with the City Auditor’s Office after publication of the Notice. The Board determined that no person is present to protest or offer objection to the annexation petition.

Current Planning Coordinator Donald Kress said the area to be annexed is situated near 64th Avenue South and I-29, adjacent to Selkirk First, Second and Third Editions. The property's current zoning is agricultural, he said, which will be changed upon subdivision and the annexation plat includes small areas owned by the City of Fargo and Southeast Cass Water Resource District to facilitate the platting of County Drain 53 as part of the City. The majority of the annexed area is owned by the applicant, he said and the proposed annexation area is consistent with the Growth Plan.

Commissioner Piepkorn moved the annexation of 72.96 acres, more of less located in part of the Southwest Quarter and part of the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota 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.

First Reading of an Ordinance Annexing a Certain Parcel of Land Lying in a Portion of the Southwest Quarter and Part of the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the 5th Principal Meridian in 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 moved the Ordinance Annexing a Certain Parcel of Land Lying in a Portion of the Southwest Quarter and Part of the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the 5th Principal Meridian in Cass County, North Dakota be placed on first reading.

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.

Parcels of Land in Selkirk Place Fourth Addition Rezoned (3276 67th Avenue South, 7273 25th Street South, 6987 Golden Valley Parkway South and 3423, 3539 and 3699 76th Avenue South):

At a Hearing held on August 5, 2025 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural and GC, General Commercial to AG, Agricultural, MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay, SR-4, Single-Dwelling Residential, SR-5, Single-Dwelling Residential, and 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 the plat covers 124-acres, creating a total of 310 lots with a mix of residential uses including single-family and townhome development. Two lots will be combined and dedicated to the Fargo Park District for a park, he said and there is a drainage and protection lot jointly owned by the City and the Southeast Cass Water Resource District. He said three lots near the interstate will remain agricultural as a holding zone until a specific development plan is determined.

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 and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Selkirk Place Fourth 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 Selkirk Place Fourth 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, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resolution Adopted Approving Selkirk Place Fourth Addition:

Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Selkirk Place Fourth Addition” containing 310 Lots, 12 Blocks and 124.22 acres of land more or less, located at 3276 67th Avenue South, 7273 25th Street South, 6987 Golden Valley Parkway South, and 3423, 3539 and 3699 76th Avenue South; and
WHEREAS, A Hearing was held August 5, 2025 by the Fargo Planning Commission and notice of such Hearing had been published, as required by law and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on October 15 and 22, 2025 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., October 27, 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 “Selkirk Place Fourth 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.

Relocation of the Resource and Recovery Center to 2001 1st Avenue North and the Fiscal Sponsor Agreement and Related Fee Agreement with the FM Area Foundation Approved:

Mayor Authorized to Complete Negotiations and Execute Agreements on Behalf of the City:

Assistant City Administrator Brenda Derrig said discussions about the potential relocation of the Downtown Engagement Center began more than a year ago, with an intensified focus over the past six weeks. She said since September, there were presentations on available sites, a public meeting and a presentation to the City Commission regarding public responses and survey results. She said on October 13th, an Executive Session was held to discuss negotiation strategies and tonight there will be a presentation of a lease proposal. The project team has been working with Public Health and Facilities on costs and construction options, she said and the team is also working with a local architect and with guidance from Bloomberg on design. She said the building at 2001 1st Avenue North ranked first, followed by the building at 720 14th Street North and the building at 610 University Drive ranked third. The FM Area Foundation has approved fiscal sponsorship for the project, she stated, enabling charitable donations for the relocation and buildout. The steps over the next 30 to 45 days, if approved, she said, is to finalize funding, conduct outreach to private partners for buildout/relocation and continued design work with the local architect, Bloomberg and the management team.

Assistant City Attorney Erik Johnson highlighted some key revisions and terms of the draft lease agreement prepared by Bullinger Enterprises, LLLP, the owner of 2001 1st Avenue North. He said the proposed motion seeks to authorize the Mayor to execute the base agreement with clarified revisions and the fully signed agreement will be presented for receipt and filing at a subsequent meeting. The building is 54,500 square feet, he said, including just under 11,000 square feet of office space as well as outdoor gathering space. The initial proposal for a lease was three years, he said; however, the current term is two years, which was the City's initial request. The two-year term allows the facility to establish itself and is consistent with the timeline if Brewhalla were to win the Convention Center site bid, he stated, which would require the center to relocate again. The landlord will undertake the fit-up, he said; however, the design will be subject to City approval and fit-up and rent costs are expected to be covered by charitable donations channeled through the FM Area Foundation. The verbally agreed-upon rent is $6.50 per square foot, he stated, totaling just over $350,000.00 per year in base rent, plus typical Common Area Maintenance expenses such as taxes and management fees. This rate is fixed for the full two-year term, he said and the agreement includes a fail-safe provision giving the City the opportunity to meet any third-party purchase offer made to Bullinger Enterprises during the lease term. If the City declines to purchase, the lease remains in effect with the new landlord for the remainder of the term, he said. The City does not need the full 54,500 square feet, he said; therefore, the City can find a third-party subtenant subject to reasonable landlord approval to help defray rental costs. If other City departments use the surplus space, rent must be properly allocated to distinguish non-charitable use from the charitable use of the Resource and Recovery Center space to align with donation purposes. He said the agreement will be drafted with language to clarify the appropriate use as a Resource and Recovery Center, specifically to allow for winter warming and overnight resting.

Commissioner Strand said this is a tough issue and it presents challenges for everyone involved. Leadership has worked hard to craft a vision that reflects the delicate balance of the challenges, he said, due to the fact that on one side, there are vital Downtown investments and the business community and on the other, there are human beings who are falling through the cracks, and the debate about whose responsibility it is misses the point. There are potential problems with any decision that is made, he said; however, the City has to leverage the best information, take calculated chances and move forward. The team leading this effort is the best he could ask for, he said and there is a critical two-year window to try and make this work, especially with winter approaching. While there are faults and potential pitfalls in any approach, he stated, there is also hope. He said he believes this new approach can succeed if the City and community come together, instill the best values into the entire effort and offer people a hand-up rather than pointing fingers. He said he hopes the City Commission can unanimously support this effort due to the fact that the City is facing a devastating reality where at-risk humans have no safety net or support system. He said the focus needs to be on how the City can make this work and put the best effort into this two-year trial, rather than simply pointing out why it might fail.

Commissioner Kolpack said this conversation has been ongoing for more than two years and it is clear the current Downtown location was never intended to be permanent. She said the building itself is not properly equipped for the comprehensive programming the Center provides, it is not efficient and it needs to move. After reviewing all available options and considering extensive feedback from staff and various organizations, she stated, this new location makes the most sense now. She said there are two key conditions: There is an opt-out option if the City is unable to secure the necessary private funding within the first two years and there is an urgency to launch this new model as a pilot program. She said this approach represents a shift and is designed to be a Resource and Recovery Center that will integrate additional community partners and rely on critical private funding to support this complex work and these elements are highly important to her. The City remains committed to the Coalition to End Homelessness, she said and will continue its representation at those meetings. Seeing the strong support from private and local organizations for this different approach is vital, she said; however, there is an urgency to track and record the data and results. For these reasons, she said, she will support the proposal for a two-year trial period and revisit the Center in two years to evaluate the results, at which point a final decision will be made.

Commissioner Piepkorn said he wants to present a few clear facts regarding this proposal. On Page 76, the Lease agreement is being signed by the Mayor of Fargo, he said, which means the City and the taxpayers are on the hook for the costs, which includes $350,000.00 in rent and at least $1 million for the building fit-up. A second, critical fact is the site is across the street from Brewhalla, he stated, one of the four finalists for the new Convention Center. If the City approves the Brewhalla proposal, construction would begin next spring, he said, which means the City would be spending $1 million to fit-up a building only to move out of it at the same time a new development is going up right across the street. He said that is completely illogical and puts the City in an inexcusable financial position. He has heard many hypotheticals about private funding, he said; however, they remain just hypotheticals. The City is signing the binding agreement and to use an analogy, if he were to apply for a car loan and tell the bank his friends might help with the payments, the bank would tell him to come back when he has a legally binding agreement from those friends. Until the City has a guaranteed financial commitment, he stated, the City should not be signing this lease.

Mayor Mahoney said this has been a very interesting project and he thanked everyone who contributed, including staff and members of the public. Finding a solution to difficult problems is always hard, he said, and he feels strongly that this proposal represents a new, different direction for the City. He said the City is moving away from the current model and making a strong attempt to provide services in a better, more efficient fashion as a Resource and Recovery Center. The goal is to establish a successful model that can be duplicated throughout the State, he said and Fargo has been asked, including by the Governor, to try something different due to the fact that the current approach is not working. This initiative is the City’s attempt to better serve the community by helping people get needed treatment for mental health issues and addiction. The City will be closely watching the data and if the evidence shows this new approach is successful, the City will continue it. If the data shows it is not working, he said, then the City must re-evaluate.

Olivia Fisher and Denise VanderBush spoke.

Commissioner Strand moved the Resource and Recovery Center be relocated to 2011 1st Avenue North as soon as that location is fit-up for such purposes and to authorize staff to make arrangements for such relocation, to approve the Lease Agreement with Bullinger Enterprises, LLLP, the Fiscal Sponsorship Agreement and the related Administrative Fee Agreement with the FM Area Foundation, as proposed; and any open or unsettled terms in said Agreements, with the direction provided to him in Executive Session, the Mayor be authorized to complete the negotiations and to execute said Agreements on behalf of the City provided that the full-executed Agreements are presented to the City Commission for receipt and filing.

Second by Kolpack. On call of the roll Commissioners Strand, Kolpack and Mahoney voted aye.
Commissioners Piepkorn and Turnberg voted nay.
The motion was declared carried.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:

a. David Slack and Debra Potter Slack (5 years).
b. Andrew and Rebecca Bakke (5 years).
c. Moose Dixon, LLC (5 years).
d. Daren and Brandy Bakke (5 years).
e. Seth Morken (5 years).
f. Rebekah Jensen (5 years).

Commissioner Kolpack moved the applications be approved.
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.

Appointments to the Housing and Redevelopment Authority:

The Board received a communication from Mayor Mahoney stating the terms of Michael Leier and Kathleen Steffan on the Housing and Redevelopment Authority expired on September 30, 2025. Mr. Leier is willing to continue his service on the Board, he said; however, Ms. Steffan has resigned her position. He said he is recommending that Mr. Leier be reappointed and Jeff Germundson be appointed to the Board for three-year terms ending September 30, 2028.
Commissioner Strand moved Michael Leier be reappointed and Jeff Germundson be appointed to the Housing and Redevelopment Authority for three-year terms ending September 30, 2028.

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.

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

Resident Comments:
Olivia Fisher spoke.

The meeting adjourned at 6:04 o’clock p.m.