Fargo City Commission

Board of City Commissioners - September 28, 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 5:00 o'clock p.m., Monday, September 28, 2026.

The Commissioners present or absent were as shown following:
Present: Gullickson, Peterson, Strand, Turnberg, Boschee.
Absent: None.

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, September 14, 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. 1st reading of an Ordinance Amending Section 8-1606 of Article 8-16, of Chapter 8 of the Fargo Municipal Code Relating to Parking Tickets.
2. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 25-1506 of Article 25-15 of Chapter 25 Relating to Licenses – Classification; an Ordinance Amending Section 25-1507 of Article 25-15 of Chapter 25 Relating to Licenses – Fees; an Ordinance Amending Section 25-1508 of Article 25-15 of Chapter 25 Relating to Issuance and Transfer of Licenses – Restrictions – Hearing Required; 1st reading, 9/14/26; and adoption of a Resolution Establishing Approved Alcohol Sale Locations and Operational Conditions for the Class “Airport” License at Hector International Airport.
3. 2nd reading, waive reading and final adoption 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; 1st reading, 9/14/26.
4. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Covey Ranch Third Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 9/14/26.
5. Direct the City Attorney’s Office to review and revise Article 8-20 of the Fargo Municipal Code related to mobility impairment permits.
6. Receive and file the 2027 operating and capital budgets for Visit Fargo-Moorhead.
7. Applications for property tax exemptions for improvements made to buildings.
8. Applications for Games of Chance.
9. Appointment of election workers and additional workers for the 10/6/26 Special Election as presented and the appointment of Mayor Josh Boschee, City Attorney Ian McLean, City Auditor Susan Thompson and Commissioners John Strand and Michelle Turnberg as the Canvassing Board.
10. Developer Agreement and Infrastructure Request with 70th Avenue Development, LLC for Lost Creek First Addition.
11. Encroachment Agreement with West 45th Business Center, LLC for 300 and 350 45th Street South.
12. Change Order No. 1 in the amount of $50,208.51 and a time extension to the Interim Completion Dates for Phase 1, Phase 1A and Phase 2 extending them to 9/1/26, 8/27/26 and 10/4/26, respectively, for Improvement District No. BR-26-F1.
13. Change Order No. 1 in the amount of $124,888.72 and a time extension to the Interim and Substantial Completion Dates extending them to 10/10/26 and 10/26/26, respectively, for Improvement District No. BN-26-C1.
14. Change Order No. 3 in the amount of $15,228.60 and a 7-day time extension to the Substantial Completion Date to 10/9/26 for Project No.UR-26-A1.
15. Request to advertise a Request for Proposal (RFP) for Federal Aid Project Nos. BR-26-G0, SR-28-A0, SN-28-A0 and SN-29-A0.
16. Bid award and contract to Gast Construction in the amount of $131,560.00 for the Downtown Library coffee shop remodel (RFP26241).
17. Bid awards for FARGODOME relighting and concourse signage project (ITB26262).
18. Leave of absence extension for Russell Sunderland.
19. Contract with Wold Architects and Engineers and RLE in an amount not to exceed $108,300.00 for conceptual design and cost estimate of a new Fire training facility and the assessment and redesign or reconstruction of Fire Station 4 (RFP26096).
20. Items from FAHR meeting:
a. Approve purchase of 2026 rear-mounted aerial truck from Spartan Fire, LLC in the amount of $1,877,683.00 utilizing Sourcewell Contract #113021-RVG-4, additionally authorize the trade of unit TRK3 at a value of $135,000.00.
b. Approve digital signage monitors at FARGODOME from Daktronics in the amount of $1,386,885.00 utilizing Sourcewell Contract #030223-DAK.
c. Grant award and acceptance of the NDDOT State Aid for Public Transportation for SFY 2027 in the amount of $649,416.00.
d. Grant award and acceptance of inter-local agreement between the City of Fargo and Cass County with the allocation of the 2026 Edward Byrne Memorial Justice Assistance Grant (JAG) CFDA 16.738 in the amount of $81,045.00 and related budget adjustment.
e. Approve the elevator refurbish at Newman Outdoor Field from TKE in the amount of $53,000.00 and related budget adjustment.
21. Resolution Authorizing the Issuance of Not to Exceed $50,995,000 City of Fargo North Dakota Refunding Improvement Bonds, Series 2026A, Prescribing the Terms and Covenants Thereof, and Creating a Fund for the Payment Thereof. (Attachment “A”).
22. Resolution Authorizing the Redemption of Refunding Improvement Refunding Bonds, Series 2012A. (Attachment “B”).
23. Resolution approving Plat of Schultz and Williams Second Addition. (Attachment “C”).
24. Agreement with Concordia College for 2026-2027 U-Pass Transit Services.
25. Bills in the amount of $15,238,816.

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.

Special Assessments for Maintenance of the Skyway System Approved:
A Hearing had been set for this day and hour on the special assessments list for maintenance of the Skyway System in the City of Fargo, North Dakota.
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.

Deputy Auditor Angie Bear said the annual Skyway maintenance assessment is $160,000.00 and is distributed across 48 properties, with higher rates assigned to those with direct Skyway access. Collected monies enter a dedicated special revenue fund, she said, covering routine operational costs such as utilities and maintenance, while unspent funds roll over each year to build capital for future upgrades such as carpet or wallpaper.

Commissioner Peterson moved the special assessments list for maintenance of the Skyway System be approved.

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

Special Assessments List for Unpaid Utility Bills on Certain Properties in the City of Fargo Approved:
A Hearing had been set for this day and hour on the special assessments list for unpaid utility bills on file in the City Auditor’s Office.

Deputy Auditor Angie Bear said the annual assessment covers delinquent accounts where water cannot be shut off, including Casselton water customers, storm sewer only customers and cases where staff capacity limits timely shutoffs and for this cycle, 782 delinquent accounts totaling $268,454.72 are being assessed.

Property owner Valerie Pirillis spoke.

Commissioner Turnberg moved the special assessment list for unpaid utility bills be approved.

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

Application to Transfer the Alcoholic Beverage License from 402 Broadway North to 524 Broadway North for Spaghetti Western LLC d/b/a Spaghetti Western Approved:
A Hearing had been set for this day and hour on the application to transfer the Class "F" Alcoholic Beverage License from 402 Broadway North to 524 Broadway North for Spaghetti Western LLC d/b/a Spaghetti Western, 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.

Deputy Auditor Angie Bear said Spaghetti Western LLC is requesting a location transfer for its Class “F” alcoholic beverage license, moving to a larger space at 524 Broadway North previously occupied by Nova Eatery. She said the move involves no changes to ownership or management.

Commissioner Turnberg moved the application be approved.

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

Application Filed by Mount Everest LLC d/b/a Mount Everest Kitchen for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Mount Everest LLC d/b/a Mount Everest Kitchen for a Class "GH" Alcoholic Beverage License at 1450 25th Street South, Suite 160, 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.

Deputy Auditor Angie Bear said the Class “GH” license allows beer and wine service only, provided food sales exceed liquor sales, and no bar counter is present.

Commissioner Turnberg moved the application be approved.

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

Application for an Ownership Change of the Alcoholic Beverage License for Red Lobster Hospitality LLC d/b/a Red Lobster #309 located at 4215 13th Avenue South Continued to October 26, 2026:
A Hearing had been set for August 31, 2026 on an application for an ownership change of the Class “A" Alcoholic Beverage License for Red Lobster Hospitality LLC d/b/a Red Lobster #309 located at 4215 13th Avenue South, notice of which had been duly published in the official newspaper for the City of Fargo.
At the August 31, 2026 Regular Meeting, the Hearing was continued to this day and hour; however, the applicant has requested the Hearing be continued to October 26, 2026.

Commissioner Turnberg moved the Hearing be continued to 5:05 p.m. on Monday, October 26, 2026.

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.

Application to Transfer the Alcoholic Beverage License from Fargo Doublewood Inn LLP d/b/a Ramada Fargo to GHM Fargo Holiday Co. LLC d/b/a Ramada Fargo Continued to October 26, 2026:
A Hearing had been set for this day and hour on the application to transfer the Class "ABH" Alcoholic Beverage License from Fargo Doublewood Inn LLP d/b/a Ramada Fargo to GHM Fargo Holiday Co. LLC d/b/a Ramada Fargo at 3333 13th Avenue South, prior notice of which had been duly published in the official newspaper for the City of Fargo; however, the applicant has requested the Hearing be continued to October 26, 2026.

Commissioner Peterson moved the Hearing be continued to 5:05 p.m. on Monday, October 26, 2026.

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

Special Assessment List for the 2026 New and Reconstruction of City Ordered Sidewalks Approved (Project No. SR-25-A):
A Hearing had been set for this day and hour on the special assessment list for the 2026 New and Reconstruction of City Ordered Sidewalks in the City of Fargo, North Dakota (Project No. SR-25-A) on which a Hearing was held by the Special Assessment Commission after which it had been confirmed and filed with the Board of City Commissioners.
No appeals have been filed in writing against any item appearing on such special assessment lists and no person is present at this Hearing to appeal or offer any objection thereto.

Special Assessments Coordinator Doug Durgin said under North Dakota Century Code 40-29, all property owners in Fargo are responsible for constructing and maintaining adjacent sidewalks and the City Engineering Department identifies necessary sidewalk construction or repairs and notifies property owners by certified mail, offering the option to hire their own licensed contractor or participate in the municipal repair effort. He said for Project No. SR-25-A, a total of 415 parcels are included, with special assessments totaling just under $600,000.00.

Commissioner Strand moved the Special Assessment List for 2026 New and Reconstruction of City Ordered Sidewalks (Project No. SR-25-A) 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.

Special Assessment List for the 2026 New and Reconstruction of City Ordered Sidewalks Approved (Project No. SR-25-B):
A Hearing had been set for this day and hour on the special assessment list for 2026 New and Reconstruction of City Ordered Sidewalks in the City of Fargo, North Dakota (Project No. SR-25-B) on which a Hearing had been held by the Special Assessment Commission after which it had been confirmed and filed with the Board of City Commissioners.
No appeals have been filed in writing against any item appearing on such special assessment lists and no person is present at this Hearing to appeal or offer any objection thereto.

Special Assessments Coordinator Doug Durgin said Project No. SR-25-B encompasses 84 parcels with special assessments totaling just over $551,000.00. He said to secure the best bidding prices, the Engineering Department splits City-ordered sidewalk work into two cost-effective geographic projects, one serving the north side of the City and the other serving the South side.

Commissioner Turnberg moved the Special Assessment List for 2026 New and Reconstruction of City Ordered Sidewalks (Project No. SR-25-B) 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 List for Various Improvement Districts Approved:
A Hearing had been set for this day and hour on the special assessments list for the construction of the following Improvement Districts in the City of Fargo, North Dakota, all having been approved by the Special Assessment Commission, setting the interest rate at .75 percent per annum over the net rate of bonds financing said projects:
a. New Construction Improvement District No. BN-23-F.
b. New Construction Improvement District No. BN-24-B.
c. New Construction Improvement District No. BN-25-E.
d. Arterial Reconstruction – Utilities & Paving Improvement District No. BR-23-G.
e. Reconstruction – Sanitary Sewer, Water Main, Storm Sewer, & Paving Improvement District No. BR-25-A.
f. Reconstruction – Sanitary Sewer, Water Main, Storm Sewer, & Paving Improvement District No. BR-25-B.
g. Reconstruction – Water Main, Storm Sewer, & Paving Improvement District No. BR-25-C.
h. Reconstruction – Sanitary Sewer, Water Main, Storm Sewer, & Paving Improvement District No. BR-25-E.
i. Reconstruction – Sanitary Sewer, Water Main, Storm Sewer, & Paving Improvement District No. BR-25-F.
j. Reconstruction – Sanitary Sewer, Water Main, Storm Sewer, & Paving Improvement District No. BR-25-G.
k. Reconstruction – Sanitary Sewer, Water Main, Storm Sewer, & Paving Improvement District No. BR-25-H.
l. Storm Sewer Lift Station Rehabilitation/Reconstruction Improvement District No. NR-24-C.
m. Asphalt Wear Course Improvement District No. PN-25-A.
n. Seal Coat Improvement District No. PR-25-C.
o. Asphalt Mill & Overlay Improvement District No. PR-25-E.
p. Concrete Paving Rehabilitation Improvement District No. PR-25-F.
q. Asphalt Mill & Overlay Improvement District No. PR-25-H.

No appeals have been filed in writing against any item appearing on such special assessment lists and no person is present at this Hearing to appeal or offer any objection thereto.

Special Assessments Coordinator Doug Durgin said the list covers 17 Improvement Districts approved by the Special Assessment Commission on August 27, 2026.

Commissioner Turnberg moved the special assessments list be approved.

Parcels of Land in Christianson 32nd Avenue South Fourth Addition Rezoned (3102, 3150 and 3174 36th Street South):
At a Hearing held on September 28, 2026 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial with a C-O, Conditional Overlay, to GC, General Commercial 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 update removes a required pedestrian connection to 31st Avenue, where a tight space near apartment garages, vegetation and a retention basin raised safety concerns, in favor of a decorative fence along that boundary and required pedestrian paths along 36th Street South. He said the update also aligns zoning terminology with current City codes.

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 Peterson. On the vote being taken on the question of the adoption of the Resolution Commissioners Turnberg, Peterson, Gullickson, 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 Christianson 32nd Avenue South Fourth 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 Christianson 32nd Avenue South Fourth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

2027 City of Fargo Budget and Related Property Tax Assessment Approved:
Finance Director Susan Thompson presented the final proposed 2027 budget, highlighting two mills allocated to the airport, updated Lost Creek development revenues, a tiered water reclamation transfer and a 5 percent Public Safety Sales Tax growth projection. Personnel adjustments include a 3 percent COLA, a 6.6 percent health insurance increase, anniversary market adjustments and funding for new roles, she stated, notably eight police officers alongside positions in Human Resources, Library, Central Garage and Streets. She said Operations reflect flat Transit funding, increased fuel costs and minor cuts to legal and cleaning fees, supported by an intentional underspend strategy to protect reserves and $15 million in capital requests.

Commissioner Peterson expressed concern over critical funding gaps for essential infrastructure, such as MATBUS, City court, water reclamation and the landfill, advocating for 13 pages of proposed spending cuts, a 1 percent restaurant sales tax to provide property tax relief and open collaboration before January to address Fargo's nearly percent budget increase and future State spending constraints.

Commissioner Strand said the Mayor, Commissioners and staff have produced a solid budget that rebuilds financial reserves to protect the City's Moody's credit rating and loan terms.

Commissioner Gullickson moved the 2027 City of Fargo budget and related property tax assessment be approved.

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

Discussion Regarding Adopting a Commercial Redevelopment PILOT Incentive Policy Delayed for 30 days:
Planning Director Nicole Crutchfield said the policy was originally drafted by former Strategic Planning and Research Director Jim Gilmour to align with the City's 2024 Growth Plan. The policy aims to revitalize vacant or underutilized commercial structures within growth, neighborhood and regional centers, she said and it focuses on driving higher density, mixed-use projects, housing conversions and primary sector business attraction, while optimizing land use through shared amenities and parking.

During the discussion on the proposed policy, the Commission raised several accountability concerns regarding tax incentives.

Commissioners Strand and Turnberg advocated for strict evaluation criteria that developers who let properties fall into blight or failed to deliver on previous commitments should not receive assistance.

Commissioner Turnberg said the public expects precise parameters and immediate claw backs for non-compliance.

Commissioner Peterson supported putting guardrails in place to end long-term 15 to 25-year incentives and said that data is being gathered to assess whether past incentives truly provided a net benefit.

The Mayor highlighted ongoing efforts to strengthen enforcement measures, including the revocation of benefits for missed reporting requirements and noted that the policy extends Renaissance Zone-style incentives to targeted growth areas and housing throughout Fargo and upcoming applications are slated for review by late October.

Commissioner Strand moved to delay the policy for up to 30 days so the Commission can hold an informal meeting with Department heads and the Economic Development Incentive Committee to refine and polish the policy before voting.

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.

Cody Schuler Reappointed to the Housing and Redevelopment Authority:
The Board received a communication from Mayor Boschee recommending that Cody Schuler be reappointed to the Housing and Redevelopment Authority.

Commissioner Strand moved Cody Schuler be reappointed to the Housing and Redevelopment Authority for a 3-year term ending September 30, 2029.

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

Construction Update:
City Engineer Tom Knakmuhs presented an update on the progress of construction projects overseen by the Engineering Department.

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

Public Comments:
Romayne Kilde spoke.

The meeting adjourned at 6:24 o’clock p.m.