Fargo City Commission

Board of City Commissioners - October 12, 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 4:00 o'clock p.m., Monday, October 12, 2026.
The Commissioners present or absent were as shown following:
Present: Gullickson, Strand, Turnberg, Boschee.
Absent: Peterson.
Mayor Boschee presided.

Mayor Boschee 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 regarding reasonably predictable litigation with Tallgrass Trail, LLC, including the legal risks, strengths and weaknesses of the City’s position, and to discuss negotiating strategy or provide negotiating instructions to its attorney or other negotiator regarding the potential litigation. Discussing these matters in an open meeting would have an adverse fiscal effect on the bargaining and/or litigating position of the City. Accordingly, an Executive Session for these purposes is authorized pursuant to North Dakota Century Code § 44-04-19.1, subsections 2, 5, and 9, and North Dakota Century Code § 44-04-19.2, subsection 1.
Commissioner Turnberg moved the Commissioners meet in Executive Session in the Red River Room as authorized by North Dakota Century Code § 44-04-19.1 subsections 2, 5 and 9 to discuss said matter.

Second by Gullickson. 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: Gullickson, Peterson (via conference call) Strand, Turnberg, Boschee.

The Executive Session closed at 4:35 o’clock p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present (Commissioner Peterson via conference call).
Mayor Boschee presided.

Order of Agenda Approved:
Commissioner Turnberg moved the Order of the Agenda be approved, moving Item No. “27” from the Consent Agenda to the Regular Agenda.

Second by Gullickson. 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 28, 2026 be approved as read.

Second by Gullickson. 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 #4643 for property located at 1630 9th Avenue South requesting a reduction in value for 2026 from $201,700.00 o $186,900.00; staff is recommending a reduction in value to $186,900.00 for 2026.
2. Applications for property tax exemptions for improvements made to buildings.
3. Receive and file an Ordinance Amending Section 8-0101 of Article 8-01 of Chapter 8 of the Fargo Municipal Code Relating to Definitions.
4. Receive and file an Ordinance Amending Section 8-2002 of Article 8-20 of Chapter 8 of the Fargo Municipal Code Relating to Operation of Motorized Scooters- egulations.
5. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 8-1606 of Article 8-16 of Chapter 8 of the Fargo Municipal Code Relating to arking Tickets; 1st reading, 9/28/26.
6. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Christianson 32nd Avenue South Fourth Addition to he City of Fargo, Cass County, North Dakota; 1st reading, 9/28/26.
7. Direct the City Attorney’s Office to review the City’s lodging tax Ordinances relating to collection and enforcement of its lodging taxes.
8. Applications for Games of Chance.
9. Site Authorizations for Games of Chance.
10. Assignment of existing Master Services Agreement from Patchin Messner Valuation Counselors to CBRE, Inc.
11. Reimbursement to Brookstone Companies in the amount of $269,800.00 for repair and backfill of old borrow site located at 3808 51st Street South.
12. Easement Payment Agreement with Otter Tail Power Company, Great River Energy and Minnesota Power for a transmission line connecting the substation south of eile’s Acres to a substation near Brainerd, Minnesota.
13. Engineering Services Agreement Amendment No. 6 in the amount of $49,376.00 for Improvement District No. BR-23-G0.
14. North Dakota Department of Transportation Preliminary Engineering Reimbursement Agreement for Improvement District No. BR-29-B1.
15. Change Order No. 2 in the amount of $11,409.97 for Improvement District No. PN-26-A1.
16. Change Order No. 1 in the amount of $16,127.11 and a 5-day time extension to Phase 3, Substantial and Final Completion Dates extending them to 10/14/2026 nd 11/13/2026 for Improvement District No. BR-26-C1.
17. Change Order No. 1 in the amount of $162,465.00 and a 23-day time extension to the Substantial and Final Completion Dates extending them to 11/23/26 and 2/23/26 for Improvement District No. UR-26-F1.
18. Bid award to Meyer Contracting Inc. in the amount of $23,569,476.65 for Improvement District No. BR-23-A3.
19. Create Improvement District No BR-27-C and adopt Resolution of Necessity (Paving and Utility Rehab/Reconstruction).
20. Change Order No. 2 in the amount of $11,556.00 for Project No. TM-26-B1.
21. Change Order No. 1 in the amount of $106,952.00 and a 4-day time extension to the Substantial and Final Completion Dates extending them to 10/6/2026 and 1/10/2026 for Project No. FM-15-J3.
22. Negative Final Balancing Change Order No. 2 in the amount of -$36,289.69 for Project No. BR-27-E4.
23. Memorandum of Agreement with Cass County and Fargo Park District for Cass County 81/South University Shared-Use Path from 52nd Avenue to 88th Avenue Project No. SR-26-C1).
24. Bid advertisement for Project No. SR-26-C (Sidewalk and Shared Use Path Replacement).
25. Items from FAHR meeting:
a. Receive and file Sales Tax update – Accrual Basis.
b. Receive and file Budget to Actual – July 31, 2026.
c. Receive and file Budget to Actual – August 31, 2026.
d. Authorize the purchase, install and implementation of RISETEK cameras and software by PCI Municipal Services, LLC on behalf of Park Fargo (RFP26022).
e. Authorize the purchase from Network Center, Inc. for the Arctic Wolf MDR and related services (EX27006).
f. Approve the North Dakota Department of Transportation Traffic Safety Contract and related budget adjustments.
g. Approve the use of federal seized asset funds and related budget adjustment.
h. Approve the FY 2025 State Homeland Security Grant Program award CFDA #97.067 SHSP in the amount of $25,000.00 and related budget adjustment.
26. Agreement for Property Demolition with Master Construction Co. Inc. for 1544 3rd Avenue South (RFP26170).
27. Agreement for Property Demolition with Master Construction Co. Inc. for 111-113 32nd Avenue North (RFP26307) (Moved to the Regular Agenda).
28. Community Development Block Grant (CDBG) and HOME Investment Partnerships Program 2026 allocations.
29. Piggyback purchase through Sourcewell Cooperative Purchasing Agreement with Bert’s Truck Equipment in the amount of $119,965.10 for the purchase of one ervice body with crane with a six-year municipal lease through CapFirst Equipment Finance for Water Reclamation (PBC26313).
30. Fargo Public Schools Garbage Collection Service Contract.
31. Emergency repair proposal from Master Construction Inc. in the amount of $168,800.00 to repair the manhole structure for sanitary lift station No. 59.
32. Task Order No. 17 with Advanced Engineering and Environmental Services in the amount of $45,900.00 for final design, bidding and negotiation services for mprovement District No. BN-27-C1.
33. Change Order No. 2, Final Balancing Change Order with Johnson and Schock Excavating LLC in the amount of $33,399.52 for LSLR Project No. WA2507.
34. Change Order No. 1, Final Balancing Change Order with Johnson and Schock Excavating LLC in the amount of $74,622.75 for LSLR Project No. WA2504.
35. Bills in the amount of $12,988,275.65.

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

Reappointments to the Historic Preservation Commission Approved:
The Board received a communication from Mayor Boschee recommending that Nicole Holden and Nathan Larson be reappointed to the Historic Preservation Commission.
Commissioner Gullickson moved Nicole Holden and Nathan Larson be reappointed to the Historic Preservation Commission for three-year terms ending October 31, 2029.
Second by Turnberg. On call of the roll Commissioners Gullickson, Turnberg, Peterson, Strand and Boschee voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Agreement for Property Demolition with Master Construction Co. Inc. for 111-113 32nd Avenue North (RFP26307) Approved (Moved from the Consent Agenda):
Inspections Director Shawn Ouradnik said Freedom Mortgage is requesting a 75-day extension in order to secure estimates and develop a repair plan for the property at 111-113 32nd Avenue North. He said a fire occurred at the property in 2023 followed by abandoned rebuild efforts due to ongoing material theft. He said an unauthorized tenant illegally subleased the property and stole water after City service was cut off for non-payment, forcing the City to fill the curb stop with sand. The property was declared a dangerous building in April 2026, he stated and the City Commission ordered an August 21, 2026 deadline for compliance before proceeding with requests for proposals for demolition. He said he has strong reservations regarding Freedom Mortgage's request for an extension, which offers no guarantee or timeline for actual repairs, leaving the structure to deteriorate further into the winter.
Tyler Wirick, an attorney for Freedom Mortgage, said Freedom Mortgage holds a foreclosure judgment but lacks legal ownership or access to enter and perform repairs directly. He said federal loss mitigation rules legally paused their ability to execute the foreclosure sale and he is requesting a 75-day extension with a status update in 30 days to resolve legal hurdles, finalize access and assess repair feasibility to protect their financial investment.
In response to a question from Commissioner Strand asking about the salvageability of the property, Mr. Ouradnik said the property could possibly be salvaged; however, open siding, nesting birds and incoming winter weather will cause severe additional structure damage.
In response to a question from Commissioner Peterson asking about the feasibility and accuracy of the 75-day legal timeline, City Attorney Ian McLean said that while a shorter reporting deadline of 30 to 45 days could theoretically be set, Freedom Mortgage currently only has the legal right to secure/lock the property, making actual prompt repairs unlikely without title transfer.
Commissioner Turnberg said the property has been a public nuisance and a blighted site since 2023 and she pointed out past inaction, including a failed sheriff’s sale due to missing bank documentation and stated she was against granting last-minute extensions.
Commissioner Turnberg moved the agreement for property demolition with Master Construction Co. Inc. for 111-113 32nd Avenue North be approved.

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

Special Assessments for Nuisance Abatement Fees – Snow Removal Approved:
A Hearing had been set for this day and hour on special assessments for nuisance abatement fees – snow removal on the list of properties on file in the City Auditor’s Office.
No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.
City Clerk Angie Bear said upon receiving a snow removal complaint, photos are taken before and after the work is done. She said a bill is then sent to the property owner through the accounts receivable process and if payment is not received by mid-summer, the unpaid balance is transferred to the assessment process. She said there are 57 properties being assessed for a total of about $10,000.00.
Commissioner Turnberg moved the special assessments for nuisance abatement fees – snow removal be approved as presented.

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

Special Assessment of the Business Improvement District (BID) Approved:
A Hearing had been set for this day and hour on the special assessment of the Business Improvement District (BID).
No appeals have been filed in writing against any item appearing on such special assessments list and no person is present at this Hearing to appeal or offer any objection thereto.
Finance Director Susan Thompson said this is the annual assessment for BID, which helps the City maintain the Downtown area. She said the City collects the assessment, which amounts to about $822,000.00 this year, then turns it over to the Downtown Community Partnership which oversees BID operations. The primary goals of BID are to promote and beautify the Downtown area, she said, which includes emptying garbage cans, cleaning sidewalks, changing flags and other tasks.
Commissioner Gullickson moved that the special assessment of the Business Improvement District (BID) be approved as presented.

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

Parcels of Land in Village West Fifth Addition Rezoned (4357 13th Avenue South; 1034, 1104, 1112 and 1204 44th Street South; 1011, 1033, 1103, 1203 and 1211 43½ Street South):
At a Hearing held on September 1, 2026 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential and GC, General Commercial to GC, General Commercial on Lot 1, Block 1.
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 property is an office building and former health club. He said the applicant’s request is to move the current north property line to the north to align it with the south property line of the multi-dwelling property adjacent to the north. The result would be the parking lot for the 4357 property would be entirely on that property, he said, and it will create a single platted lot for each of the land uses.
Commissioner Gullickson 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 Gullickson, Turnberg, Peterson, Strand and Boschee voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Village West Fifth Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Gullickson 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 Village West Fifth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Village West Fifth Addition:
Commissioner Gullickson 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 “Village West Fifth Addition” containing 2 Lots, 1 Block and 10.81 acres of land more or less, located at 4357 13th Avenue South; 1034, 1104, 1112 and 1204 44th Street South; 1011, 1033, 1103, 1203 and 1211 43 ½ Street South; and
WHEREAS, A Hearing was held September 1, 2026 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 30 and October 7, 2026 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., October 12, 2026 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 “Village West Fifth 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.

Parcels of Land in Urban Plains Medical Park Third Addition Rezoned (4767 and 4845 30th Avenue South):
At a Hearing held on September 1, 2026 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay.
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 applicant is proposing a 103-unit apartment building, similar to the apartments adjacent to the west. He said the building will provide tuck-under garage parking, detached accessory garages and surface parking as well as outdoor amenities to be determined.
Commissioner Turnberg 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.

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

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Urban Plains Medical Park Third Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Turnberg 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 Urban Plains Medical Park Third Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Urban Plains Medical Park Third Addition:
Commissioner Turnberg 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 “Urban Plains Medical Park Third Addition” containing 1 Lot, 1 Block and 4.326 acres of land more or less, located at 4767 and 4845 30th Avenue South; and
WHEREAS, A Hearing was held September 1, 2026 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 30 and October 7, 2026 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., October 12, 2026 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 “Urban Plains Medical Park 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.

64th Avenue South Traffic Calming Recommendation Approved:
City Engineer Tom Knakmuhs said following City Commission direction from January 2026, prompted by resident concerns regarding traffic speeds and pedestrian safety, the Engineering Department has evaluated potential traffic calming measures along 64th Avenue South between 33rd Street and University Drive, east of I-29. He said staff assessed various mitigation options using feedback from adjacent property owners, an online public survey and the Public Works Department. While multiple measures were explored, he stated, several were ultimately ruled out due to concerns regarding effectiveness, negative impacts, costs and long-term maintenance requirements. He said the Public Works Project Evaluation Committee reviewed and expressed full support for staff's recommendations, which include a balanced, cost-effective package of improvements totaling an estimated $245,000.00:
• Installation of boulevard trees to create a visual narrowing effect and calm traffic.
• Installation of driver speed feedback signs to actively deter speeding.
• Pedestrian crosswalk enhancements, featuring a raised median near 27th Street.
Engineering recommends funding the project through Infrastructure Sales Tax funds and including the project in the 2027 CIP, he said. If the City Commission wishes to pursue measures beyond those recommended, he said, additional funding discussions will be necessary. Infrastructure Sales Tax revenue for this project is limited, he stated, and expanding the scope would likely require reprioritizing other programmed projects or identifying alternative funding sources.
Rob Kost and Walter Samuel, who live in the area of 64th Avenue South, spoke.
Commissioner Turnberg said that approving these traffic calming recommendations delivers initial improvements at zero special assessment cost to taxpayers, while keeping the door open to future adjustments if issues persist.
In response to a question from Commissioner Turnberg asking what happens if residents request additional features, Mr. Knakmuhs said the current recommendations fit within the budget cap using the infrastructure sales tax. Adding further features would require discussions on either alternate funding or reprioritizing other projects under the sales tax cap, he said.
Mr. Knakmuhs said direct mailings were targeted to property owners immediately adjacent to 64th Avenue between the drain and 25th Street where traffic impact is highest. He acknowledged that while staff conducted initial input and follow-up meetings, they cannot accommodate every individual request.
In response to a question from Commissioner Strand asking about traffic speeds and whether roundabouts increase rather than calm speeds, Mr. Knakmuhs said roundabouts move traffic efficiently without increasing overall speeds, forcing vehicles to slow down when approaching ramp junctions rather than speeding straight through. He said the North Dakota Department of Transportation required roundabouts at both ramp termini as a condition for providing increased project funding.
In response to a question from Commissioner Gullickson asking why a pedestrian crossing was not proposed further west near 33rd Street to connect nearby neighborhoods, Mr. Knakmuhs said the City invested in a grade-separated pedestrian underpass (box culvert) just west of the drain near 33rd Street.
In response to a question from Commissioner Strand asking whether narrowing street lanes was considered to naturally reduce traffic speeds and he asked about traffic speed enforcement in that area, Mr. Knakmuhs said physically retrofitting an existing street by removing and resetting curbs carries significant construction costs. He said City standards for new arterial lanes have already been reduced from 12 feet to 10.5 or 11 feet to encourage safer speeds while maintaining efficient traffic movement. He said police target speed enforcement in the area periodically. Traffic data from radar feedback signs showed weighted average speeds running slightly above the posted 30 mph limit, though increased traffic volume naturally creates "friction" that slows overall traffic down. The vast majority of drivers travel within 5 to 10 mph of the posted 30 mph speed limit, he stated and drivers naturally speed when a road feels wide open. He said staff did not receive feedback from several southside property owners, making broad infrastructure alterations to those specific properties difficult at this stage.
Commissioner Peterson said it is critically important to update the City's Land Development Code to prevent similar layout issues in future developments.
Mr. Knakmuhs said 64th Avenue originally developed as a rural neighborhood prior to City annexation, underscoring the importance of managing Extra-Territorial Jurisdiction (ETJ) planning to avoid residential driveways connecting directly to section-line arterial roads.
Commissioner Turnberg said meetings and brainstorming sessions did occur with the residents, even if final decisions do not align with every resident's preference and that approving these traffic calming recommendations delivers initial improvements at zero special assessment cost to taxpayers, while keeping the door open to future adjustments if issues persist.
Commissioner Turnberg moved the 64th Avenue South traffic calming recommendations be approved as presented.

Second by Strand. On call of the roll Commissioners Turnberg, Strand, Gullickson, Peterson and Boschee voted aye.
No Commissioners 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:
Jean Bultman, Romayne Kilde and Dan Wahl spoke.

The meeting adjourned at 6:27 o’clock p.m.