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Board of City Commissioners - September 14, 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, September 14, 2026.
The Commissioners present or absent were as shown following:
Present: Gullickson, Peterson, Strand, Turnberg, Boschee.
Absent: None.
Mayor Boschee presiding.

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 regarding and in anticipation of reasonably predictable litigation involving former employees of the City and to receive its attorney’s advice and guidance on the legal risks, strengths and weaknesses of an action of the City, which if held in public, would have an adverse fiscal effect on the City and to discuss negotiating strategy with its attorney or other negotiator regarding the reasonably predictable litigation 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 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 voted aye and the motion was declared carried.

At 4:07 o’clock p.m. the Board moved to the Red River Room to discuss the matter in Executive Session.
Members present were: Gullickson, Peterson, Strand, Turnberg, Boschee.

The Executive Session closed at 4:58 o’clock p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present.
Mayor Boschee presiding.

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

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 Monday, August 31, 2026 be approved as read.

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

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

1. Receive and file an Ordinance Amending Section 8-1606 of Article 8-16, of Chapter 8 of the Fargo Municipal Code relating to Parking Tickets.
2. 1st reading of Ordinances Relating to Licenses-Classifications, Licenses-Fees and Issuance and Transfer of Licenses – Restrictions – Hearing Required for Proposed Class “Airport” Alcoholic Beverage License and Resolution.
3. Findings of Fact, Conclusions and Order of the Board of City Commissioners of the City of Fargo of 1334 1st Avenue South, Fargo, North Dakota.
4. Findings of Fact, Conclusions and Order of the Board of City Commissioners of the City of Fargo on 1433 4th Avenue South, Fargo, North Dakota.
5. Applications for property tax exemptions for improvements made to buildings.
6. Renewal of Alcoholic Beverage Licenses and Live Entertainment Licenses until 9/30/27, contingent upon all essential requirements for renewal having been met by 9/30/26.
7. Applications for Site Authorization Games of Chance.
8. Applications for Games of Chance.
9. 2027 City Commission meeting dates.
10. Amended Cost Participation and Maintenance Agreement with the NDDOT for Improvement District No. BR-23-A1.
11. Declare protests insufficient for Improvement District No. AN-26-D.
12. Declare protests insufficient for Improvement District No. BR-23-A.
13. Declare protests insufficient for Improvement District No. BR-26-G.
14. Bid Advertisement for Project No. UR-26-H (Sanitary Sewer Manhole Repairs.)
15. Change Order No. 1 in the amount of $10,784.00 for Project No. TM-26-B1.
16. Change Order No. 1 in the amount of $31,105.00 for Project No. TM-26-A1.
17. Contract Amendment No. 4 in the amount of $561,324.00 ($280,662.00 City of Fargo’s share) for Project No. QN-23-B0.
18. Amendment to Memorandum of Understanding Regarding Construction, Maintenance and Purchase Option with the Fargo Park District for the Southwest Metro Regional Storm Water Pond.
19. FARGODOME Rental Loader Contract with Transource Truck & Equipment in the amount of $24,975.00.
20. Independent Auditor’s report and the City’s Annual Comprehensive Financial Report for the year ending 12/31/25.
21. Items from FAHR meeting:
a. Grant Award and Acceptance of the FY25 State and Local Cybersecurity Grant Program from the ND Department of Emergency Services in the amount of $33,000.00 along with related budget adjustments.
b. Acceptance of a donation from Cleo Erickson in the amount of $25,000.00 for the Harm Reduction Programs of Fargo Cass Public Health and related budget adjustment.
22. Contract Between Fargo Fire Department and First Due for Electronic Inspection, Testing and Maintenance (ITM) Portal.
23. Memorandum of Understanding between Fargo Fire Department and the Municipal Airport Authority.
24. Benefit renewals effective 1/1/27.
25. Resolution approving Plat of Eagle Valley Sixth Addition (Attachment “A”).
26. Equipment Lease Agreement between City of Fargo and PCI Municipal Services, LLC for two parking scooters (RFP26022).
27. 2026 Rental Contract with RDO Equipment with option to extend up to two years in the amount of $90,000.00 for motor graders for the Street Department (RFP26274).
28. 2026 Rental Contract with Transource Truck & Equipment with option to extend up to two years in the amount of $39,950.00 for wheel loaders for the Street Department (RFP26275).
29. Bid award to Northdale Oil, Inc. for fuel purchasing in the 1st and 2nd Quarters of 2027 and execute the Forward Fuel Contract (RFP27002).
30. Services Contract Amendment No. 1 to Transit U-Pass Fee Agreement between Minnesota State University Moorhead and the City of Fargo.
31. Task Order No. 25 with Apex Engineering Group in the amount of $276,110.00 for Evaluation, Design, Planning Specifications and Bidding Services for Project No. WW1701 (Water Reclamation Facility Phase II B Improvements).
32. Amendment No. 1 to Task Order No. 16 with AE2S in the amount of $106,800.00 for Project No. WW2353 (Regional Service Planning).
33. Change Order No. 1 with Johnson and Schock Excavating, LLC in the amount of $28,000.00 and a 7-day time extension for Project No. WA2509.
34. Bills in the amount of $7,978,290.

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.

Annexation of an Approximate 122.95-Acre Portion of the North Half of Section 10, Township 138 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota (6620, 6630 and 6750 43rd Street South; 3800 and 3900 64th Avenue South; 6688 and 6800 45th Street South): No Protests Received:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on September 2, 2026, stating that a petition had been filed with the City of Fargo for annexation of an approximate 122.95-acre portion of the North Half of Section 10, Township 138 North, Range 49 West of the 5th 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 this annexation is near 64th Avenue South, the North Dakota State College of Science and Capstone Academy. The annexation is consistent with the Fargo Growth Plan, he stated and the entire annexation area will be included in the Covey Ranch Third Addition subdivision.
Commissioner Strand moved an approximate 122.95-acre portion of the North Half of Section 10, Township 138 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota be approved.

Second by Turnberg. On call of the roll Commissioners Strand, Turnberg, Gullickson, Peterson and Boschee 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 Part of the North Half of Section 10, Township 138 North, Range 49 West of the 5th Principal Meridian in Cass County, North Dakota:
Commissioner Strand 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 Part of the North Half of Section 10, 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 Strand, Turnberg, Gullickson, Peterson and Boschee voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Parcels of Land in Covey Ranch Third Addition Rezoned (6620, 6630 and 6750 43rd Street South; 3800 and 3900 64th Avenue South; 6688 and 6800 45th Street South):
At a Hearing held on January 6, 2026 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to AG, Agricultural, SR-4, Single-Dwelling Residential, MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay, LC, Limited Commercial with a C-O, Conditional Overlay 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 there are multiple property owners including the City due to the fact that the City owns the drainage channel on the south side of the plat. There are 158 lots of various zonings, he stated and the plat also dedicates rights of way for several public streets.
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 Covey Ranch 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 Covey Ranch 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 Turnberg, Gullickson, Peterson, Strand and Boschee voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resolution Adopted Approving Covey Ranch Third Addition:
Commissioner Turnberg offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Covey Ranch Third Addition” containing 158 Lots, 8 Blocks, and 153.41 acres of land more or less, located at 6455, 6620, 6630 and 6750 43rd Street South; 3785, 3800, 3900, 4000 and 4360 64th Avenue South; 6536, 6688 and 6800 45th Street South; and
WHEREAS, A Hearing was held December 2, 2025 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law. At the December 2, 2025 meeting, the Hearing was continued to January 6, 2026 at which time 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 2 and 9, 2026 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., September 14, 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 “Covey Ranch 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.

Developer Agreements with Dabbert Custom Homes LLC, Brookstone Property LLC, Enclave Manager LLC and Bank Forward for Covey Ranch Third Addition Approved:
A Hearing had been set for this day and hour on Developers Agreements with Dabbert Custom Homes LLC, Brookstone Property LLC, Enclave Manager LLC and Bank Forward for Covey Ranch Third Addition.
Assistant City Engineer Nathan Boerboom said due to the fact that the subdivision borders two major arterials (64th Avenue and 45th Street), the Agreements clearly define future intersection accesses to give long-term certainty to future business owners. It designates full-access locations for all turning movements, he stated, as well as sites that will eventually be restricted to limited access (such as right-in/right-out or restricted left turns out). The right-of-way for Sports Drive is currently only half-dedicated, he said. If an adjacent pending plat does not move forward to dedicate the remaining right-of-way and complete the connection to 64th Avenue South, he said, the developer agrees to grant the City a no-cost easement to construct a temporary turnaround/cul-de-sac at the east end of 65th Avenue South. This ensures large emergency and maintenance vehicles can turn around safely, he stated.
Commissioner Turnberg moved the Developer Agreements with Dabbert Custom Homes LLC, Brookstone Property LLC, Enclave Manager LLC and Bank Forward for Covey Ranch Third Addition be approved.

Infrastructure Request for Covey Ranch Third Addition Approved (Improvement District No. BN-26-D1):
Assistant City Engineer Nathan Boerboom presented a developer request for the City to design, bid, administer and special assess costs for roadways, underground infrastructure and a stormwater channel. The Public Works Project Evaluation Committee recommended approval, he said, noting it follows standard City policy and past practice.
In response to Commissioner Turnberg's question regarding impact on neighboring institutions such as Capstone Academy and NDSCS, Mr. Boerboom noted regular coordination occurs with the local school district, though no specific feedback was received from Capstone or NDSCS.
Commissioner Turnberg emphasized keeping special assessment costs competitive with neighboring cities, such as Horace and West Fargo.
Mr. Boerboom confirmed that design efficiency and strategic bidding schedules will be used to attract broad contractor participation and keep project costs down.
Commissioner Strand raised questions about potential future changes to special assessment policies for edge/greenfield developments.
Mayor Boschee clarified that any policy updates rest with the Commission and suggested discussing potential changes following the budget process to maintain developer certainty for current pipeline projects.
Commissioner Turnberg moved the Infrastructure Request for Covey Ranch Third Addition be approved.

Public Hearing for Comments on the 2027 Preliminary Budget:
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 be heard.
Mayor Boschee said there is no vote tonight; this is an opportunity for the public to be heard regarding the proposed budget.
Former Fargo Planning Commissioner, professor and former Arts Partnership (TAP) board president Brad Bachmeier spoke in defense of the City's investment in TAP, which supports 21 local arts and cultural organizations, including the Fargo Theatre, Plains Art Museum, FM Symphony, Trollwood and Theatre B, with more than 62% of grant recipients offering substantial youth arts education. Fargo-based grantee organizations generate more than 510,000 annual audience visits and draw an estimated $14.7 million in audience spending, he said and the requested $90,000.00 allocation represents approximately six cents out of every $100.00 in Fargo's $147 million General Fund budget. He also noted that TAP has administered these funds transparently for the City since 2001, framing it as a high-return public investment rather than charity. He said continued funding directly supports the core arts and culture principles outlined in Fargo's citizen-driven GO 2030 Comprehensive Plan.
Mayor Boschee closed the Public Hearing.

Agreement for Property Demolition with Master Construction Co. Inc. for 1544 3rd Avenue South: Property Owner Given Two-Week Extension for Exterior Weathering-In:
Inspections Director Shawn Ouradnik said the property was deemed a dangerous building on November 24, 2025, with an initial deadline of January 23, 2026. Following an extension to March 27, 2026, and subsequent litigation, a settlement agreement granted 90 days to weather-in the home and 120 days total (an additional 30 days) to complete siding. He said an RFP for demolition was issued after deadlines passed. Pioneer LLC originally won, he stated; however, Master Construction is now the sole remaining valid proposal that agreed to honor its original bid price. He noted recent work was performed under a stop-work order and without a permit and no framing inspections were ever requested or passed. He stated it would take 3 to 4 weeks of proper work to stabilize and inspect the home and pointed out a history of expired permits going back to 2024 and minimal work until deadline limits. He expressed concern that a 2-week extension sets the owner up to fail, incurs further costs and ignores City Ordinance and he clarified that meeting exterior milestones only addresses the dangerous building order; a full interior renovation and separate permitting will still be required before the house is habitable.
Dan Wahl, property owner, stated the 90-day agreement is a "set-up" compared to standard 180-day permits. He said he has paid $6,000.00 in legal fees to secure the timeline and cited extreme summer heat and working within his out-of-pocket budget. He said he is a 67-year-old disabled senior citizen with severe spinal nerve damage and that his son's family was burned out of the home. He hired a structural engineer twice to confirm the building is structurally safe, he stated and he alleges harassment by City inspectors. He is requesting a one-week extension to make the exterior completely weather-tight before pulling a separate permit for siding when funds allow, he stated.
Other speakers were Brandon Wahl, Nate Wahl, Danny Wahl and Hayley Gus.
Commissioner Strand said he prefers to see $46,000.00 spent on repairing the home rather than demolition. He said he would like to grant a strict 14-day extension for the owner to meet the original 90-day weathered-in threshold, followed by 30 days to complete the siding and emphasized that this is the absolute last chance for the owner to bring the structure into compliance.
Commissioner Peterson voiced concern over whether staff had enough baseline information or time to conduct inspections without setting the owner up to fail. He said he supports the extension out of empathy for the family home; however, he said if requirements are not met in two weeks, he will vote to demolish without hesitation.
Mayor Boschee clarified the distinct roles of City staff and elected officials, emphasizing that the Inspections Department is simply enforcing City Ordinances and agreements established by the Commission. He confirmed with staff that if exterior milestones are met, the owner will still need to pull new permits for interior work.
Commissioner Gullickson said she supports the two-week extension and urged the owner to gather all available help to meet the deadlines and work directly with City staff.
Commissioner Turnberg said she opposes voting based on feelings rather than City Ordinances, noting the property has been subject to expired extensions for more than two and a half years. She questioned whether two weeks was realistic for inspection, permitting and approval, and questioned why family teamwork had not completed the project sooner.
City Attorney Ian McLean advised that because a settlement agreement is in place, any extension must be executed as a formal written agreement authorizing the Mayor to sign for a 14-day exterior/weathering-in window followed by 30 days for siding.
Commissioner Strand moved to authorize the Mayor to execute a written agreement between the City and owner granting the owner a two-week extension commencing September 14, 2026, to complete the exterior work on the home to be completed no later than September 28, 2026, and if the exterior work, except siding, is fully completed by September 28, 2026, then providing an additional 30 days to complete siding on the home.

Second by Peterson. On call of the roll Commissioners Strand, Peterson, Gullickson and Boschee voted aye.
Commissioner Turnberg voted 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:
Patrick Kadrmas spoke.

The meeting adjourned at 6:15 o’clock p.m.