Board of City Commissioners - April 27, 2026 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 4:30 o'clock p.m., Monday, April 27, 2026.
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 to discuss negotiating strategy or provide negotiating instructions to its attorney or other negotiator regarding the potential purchase of property involving Fargo Lumber, LLC and/or Hempel Companies, which to discuss 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 and North Dakota Century Code § 44-04-19.2, subsection 1.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room to discuss the said matter as authorized by North Dakota Century Code 44-04-19.1, subsection 9 and North Dakota Century Code 44-04-19.2, subsection 1.

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

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

The Executive Session closed at 5:03 o’clock p.m. and the meeting reconvened in public session at 5:09 o’clock p.m.
All Commissioners present.
Mayor Mahoney presiding.

A video was shown highlighting Fargo’s Storm Water Management Program.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, moving Item Nos. “31” and “32” from the Consent Agenda to the Regular Agenda.

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

Minutes Approved:
Commissioner Kolpack moved that the Minutes of the Regular Meeting of the Board held on April 13, 2026 be approved as read.

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

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

1. Amendment to Developer Agreement, Tax Increment Note for District 2023-01, Certificate of Completion and Collateral Assignment of Tax Increment Note with BLOC Partners LLC.
2. Amendment No. 2 to the Project Partnership Agreement with the Department of the Army, the City of Fargo, the City of Moorhead and the Metro Flood Diversion Authority for Construction of the Fargo-Moorhead Metropolitan Area Flood Risk Management Project.
3. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Section 11-0809 of Article 11-08 of Chapter 11 of the Fargo Municipal Code Relating to Environmental Nuisances.
4. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 31-0102 of Article 31-01 of Chapter 31 of the Fargo Municipal Code Relating to the International Property Maintenance Code.
5. Findings, Conclusions and Order of the Board of City Commissioners regarding a license violation for El Agave Mexican Restaurant LLC.
6. Findings, Conclusions and Order of the Board of City Commissioners regarding a license violation for Chili’s Grill and Bar.
7. Applications for Games of Chance.
8. Cost Participation, Construction and Maintenance Agreement - LPA Federal Aid Project with the NDDOT for Project No. QN-23-B1.
9. Addition of Project No. QN-23-B1 to the 2026 Capital Improvement Plan.
10. Bid advertisement for Project No. QN-23-B.
11. Wetlands Mitigation Credit Purchase Agreement (Mekinock Bank Site) in the amount of $4,800.00 from Tetonka, LLP for Project No. QN-23-B1.
12. Contract Award and Pavement Marking Replacement Service Agreement with 3D Specialties, Inc. in the amount of $514,198.87 for Project No. TM-26-C1.
13. Agreements Regarding Deferral of Special Assessments with NICD, LLC and James & Kristen Bullis Family, LLP for the properties located at 6801 33rd Street South; 3276 67th Avenue South; 6950 33rd Street South; 7101 33rd Street South; and 7200 33rd Street South.
14. Contract and bond for Project No. SR-26-B1.
15. Change Order No. 4 in the amount of $27,899.20 for Improvement District No. BN-25-C1.
16. Memorandum of Offer to Landowner for an Easement (Temporary Construction Easement) with House Flip LLC (Improvement District No. BR-26-G1).
17. Memorandum of Offer to Landowner for an Easement (Temporary Construction Easement) with Darac and Briana Peters (Improvement District No. BR-26-G1).
18. Memorandum of Offer to Landowner for an Easement (Temporary Construction Easement) with Wayne and Jeannie Suchla (Improvement District No. BR-26-G1).
19. Easement (Temporary Construction Easement) with Forum Communications Company (Improvement District No. BR-26-F1).
20. Bid award to Paras Contracting Inc. in the amount of $3,565,448.38 for Improvement District No. BR-26-F1.
21. Bid award to CC Steel, LLC in the amount of $2,214,788.00 for Improvement District No. UR-26-F1.
22. Contract and bond for Improvement District No. BN-26-C1.
23. Contract and bond for Improvement District No. BR-26-B1.
24. Contract and bond for Improvement District No. PN-26-A1.
25. Contract and bond for Improvement District No. PR-26-G1.
26. Contract and bond for Improvement District No. TN-26-A1.
27. Items from FAHR Meeting:
a. General Fund Budget to Actual - 3/31/26
b. General Fund - 2026 Year End Projections as of 3/31/26.
c. Notice of Grant Award from the ND Department of Health and Human Services for Title X Family Planning Program (CFDA #93.217).
d. Notice of Grant Award from the ND Department of Health and Human Services for Ryan White Part B Program (CFDA #93.917).
e. Purchase of Service Agreement with Central Cass Public School District.
28. Resolution approving Plat of Commerce on 12th Ninth Addition (Attachment “A”).
29. Master Parking Services Agreement with PCI Municipal Services, LLC.
30. Extension of unpaid leave for Devonno Heupel through 5/29/26.
31. 2026 Mosquito Control Agreement - City of Fargo and Cass County Government (EX26176) (moved to the Regular Agenda).
32. FAA Aerial Mosquito Spraying Authorization for Vector Disease Control International, LLC (moved to the Regular Agenda).
33. Street Snow Plowing Services Agreement with Master Construction Co., Inc. for the 2026/2027 snow season (RFP23138).
34. Piggyback purchase through ND State Contract No. 378 with North Central INTL LLC in the amount of $167,768.89 for one 2026 water filtration sludge truck chassis (PBC26178).
35. Bid award to Capital Exteriors, Inc. in the amount of $544,102.00 for Project No. WA2508.
36. Bid award to Johnson & Schock Excavating, LLC in the amount of $615,288.00 for Project No. WA2509.
37. Contract and bond for Project No. WA2504.
38. Contract and bond for Project No. WA2507.
40. Bills in the amount of $7,689,159.35.

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

Numerical Ranks by the Convention Center Committee Approved and Staff and Legal Counsel Directed to Begin Financial Due Diligence Review with the Two Highest-Ranked Proposers (Brewhalla and EPAC):
Convention Center Committee Chairman Charley Johnson said the Committee has been working diligently since January 2025 and has narrowed nine viable projects down to a final four. Based on cumulative scoring, he stated, the rankings are: No. 1, Brewhalla (85.22 points); No. 2, EPAC (79.83 points); No. 3, Scheels Arena (75.83 points); and No. 4, FARGODOME (62.11 points). He asked the City Commission to accept the rankings and to direct City staff to begin due diligence review and negotiations with the top-ranked choice or choices to enter a public-private partnership for the construction of a Convention Center and supporting hotel or hotels.
City Administrator Michael Redlinger said if the rankings are accepted by the City Commission, the City would then enter a due diligence period, working with the City Attorney’s office, Finance team and external resources to vet the top proposals. He said the focus now shifts to the City Commission to determine the best facts and business terms.
Commissioner Piepkorn said he acknowledges the Convention Center Committee's integrity; however, the final decision rests with the City Commission. He said he has concerns about financial feasibility and sustainability, and there is currently no apples-to-apples financial comparison between the proposals. He wants to move correctly rather than quickly, he stated and suggested advancing the top two sites for rigorous vetting regarding risk, hotel capacity and long-term return. He said the major difference between the projects is the FARGODOME has a $49 million reserve, whereas the other projects have none, meaning any deficit would impact the City's General Fund. There is no rush, he said and the City Commission should take its time with such a massive decision.
Commissioner Kolpack said the immediate focus should be digging into the top two, with the option to move to the third or fourth if necessary. From the beginning it was clear the final decision rests with the City Commission, she stated and with that responsibility, the City Commission owes it to the public to ensure Commissioners are making the most informed, financially sound and forward-looking decision possible. She said for her, it starts with two core questions: Is this financially feasible and will it be sustainable for decades to come? At this stage, she said, there is not a true apples-to-apples financial comparison between the two proposals and without that, she is not ready to put all of the efforts into one site for in-depth review. The visitor experience also matters, she stated and not just the building. What surrounds the building and the immediacy, accessibility and strength of nearby amenities are critical to long-term success, she said. When she looks at the top-ranked proposal, she said, there are still open questions about how key elements will come together, particularly around redevelopment timelines and financial tools such as a TIF. Those are not disqualifiers, she stated; however, they are uncertainties the City Commissioners need to fully understand. She said the second-ranked option offers a different set of strengths, particularly with existing amenities and prior public investments that are already in place. The second option also has its own challenges, she said. This is the final step, she said, and it is the Commission’s job to move correctly, not quickly. Advancing the top two sites for full financial vetting allows the City Commission to rigorously compare feasibility, risk, hotel capacity and long-term return, she said and this is not about second-guessing the Convention Center Committee; it is about finishing the work started by the Committee with the level of financial clarity and transparency this decision demands.
Commissioner Strand said his personal preference is for a Downtown location, citing the success of other cities that used convention centers to revitalize their cores. He said if possible, the City should approach the Science Museum organizers to see if they would consider the Mid America Steel site. It is important to emphasize the visitor experience, he stated, asking what will guests see and where will they go when they walk out of the Convention Center’s doors. There are pros and cons to all of the options, he stated; however, his hope is the City will breathe life into the Downtown location and calculate the refurbishing of the Civic Center.
Mayor Mahoney said with the Convention Center Committee, finances were 20% of the scoring and a couple of the Committee members said they did not understand finances, which is why it is imperative the City look into those details. He said one of the proposals has a TIF question that must be answered. The City will look at the top two projects very diligently regarding long-term sustainability and the impact on the General Fund, he stated. If it is in the Downtown area, he said, TIF money could be used to help cover overruns. For many of the Commissioners when they looked at the financial evaluations, he said, the difficulty was the apples-to-oranges comparison and it was hard to ascertain what some of the evaluations by each company meant.
In response to a question asking if the City Commission could make a decision on where this goes in a timely fashion and report back in 30 days, City Attorney Ian McLean said 30 days would be the May 26, 2026 City Commission meeting and due diligence can start right away.
Commissioner Kolpack moved the numerical ranks by the Convention Center Committee be approved as presented and to direct staff and legal counsel to begin the financial due diligence review with the two highest-ranked proposers (Brewhalla and EPAC) for the purpose of entering a public-private partnership for construction of a Convention Center and supporting hotel or hotels.

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

Recommendation from the Human Rights Commission to Remain “As Is” and Pause Meetings Until After the June Election Approved:
Assistant City Administrator Brenda Derrig said the Human Rights Commission (HRC) has been meeting over the past several months and bringing in community partners to figure out what its path forward could look like. She said the recommended motion is to remain “as is” and pause all meetings until after the June election to work directly with the new City Commission.
Dalton Erickson and Sekou Sirleaf spoke.
Commissioner Kolpack said it is unfortunate that in the end the HRC could not agree on what the new look and operation should be, as there were viable options brought forward. However, she said, given the proximity to the election and the fact that Mr. Sirleaf is a candidate in that election, she would support waiting until after the election.
Commissioner Strand said people who sign up to serve on the HRC are citizen activists and advocates. Nobody asked them to show up and demolish or eliminate their own entity, he said, yet the City Commission is asking them to participate in deciding their own demise. Their response is if the City Commission does not want a Human Rights Board or does not think it is a priority, then the City Commission can take ownership of that decision.
Mayor Mahoney said he asked other boards to reinvent themselves and many did, such as the Native American and Arts and Culture Commissions. The HRC could be a chapter or a coalition of the State group and he is not asking the HRC to disband; rather the HRC was asked to figure out a new, productive way forward.
Commissioner Piepkorn said the HRC was given an extension due to the fact that they claimed they needed more time to find a different venue and now they want more time again. He said he thinks they do not intend to do anything and planned to just keep going and that was the intention all along.
Commissioner Strand moved the recommendation from the Human Rights Commission to remain “as is” and pause all meetings until after the June election be approved.

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

Mosquito Control Agreement with Cass County for 2026 Approved (Moved from the Consent Agenda):
Public Works Director Ben Dow said this is the annual agreement with Cass County for Vector Control services. He said the contract has remained the same for approximately 10 years without an uptick in cost and Ben Prather and his team do a very good job.
Commissioner Strand said the City Commission has never really talked much about who the City contracts with for Vector Control. He said he remembers about 5 years ago the cost was arbitrarily doubled from 50 cents to a dollar. His question this time is about the bigger picture, he said and the City’s relationship with Moorhead and Clay County, who have changed their mosquito management program.
In response to a question form Commissioner Strand asking how the City decides when to aerial spray and how does the City ensure it will not kill monarch butterflies, Mr. Dow said Moorhead did change its protocols after that event, and after last year, they changed them again to replicate exactly what Fargo is doing based on citizen outcry. West Fargo also matches what Fargo does, he said. Deciding to spray depends on trap counts and positive signs of West Nile virus, he said. Typically, Fargo does not do a lot of aerial spraying; last year Fargo did three sessions due to the fact that it was wet; however, two years before that, Fargo did none. It is an expert-led process, he said, and Fargo used to have its own organization within Public Works; however, it made more sense to consolidate into one expert group with Cass County.
In response to a question from Commissioner Strand asking if it is a $400,000.00 allocation, Mr. Dow said it is up to $315,000.00, mostly for larvicide and adult control. The extra-territorial areas are treated due to the fact that mosquitoes are migratory, he said. In the last 10 years, he said, Fargo has not breached that $315,000.00 limit.
Commissioner Strand moved the Mosquito Control Agreement with Cass County for 2026 be approved.

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.

Authorization Application for Airborne Vector Disease Control International, LLC Approved (Moved from the Consent Agenda):
Commissioner Strand moved the Authorization Application for Airborne Vector Disease Control International, LLC be approved.

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.

Public Comments:
Olivia Fisher spoke.

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