City Commission

Board of City Commissioners - February 2, 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., February 2, 2026.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Part two of the 2026 State of the Cities video was shown.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.
Second by Turnberg. 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 January 20, 2026 be approved as read.
Second by Strand. 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. Application for Abatement or Refund of Taxes #4633 for the property located at 1108 18th Street North requesting a reduction in value for 2025 from $221,600.00 to 70,000.00; staff is recommending a reduction in value to $84,400.00 for 2025.
2. Application for Abatement or Refund of Taxes #4634 for the property located at 1122 4th Avenue North requesting a reduction in value for 2024 from $281,200.00 to $181,800.00; staff is recommending a reduction in value to $181,800.00 for 2024.
3. Application for Abatement or Refund of Taxes #4635 for the property located at 1122 4th Avenue North requesting a reduction in value for 2025 from $281,200.00 to $181,800.00; staff is recommending a reduction in value to $181,800.00 for 2025.
4. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Section 21-0601.1 A of Article 21-06 of Chapter 21 of the Fargo Municipal Code Relating to Flood Plain Management.
5. Settlement Agreement and Release with Joyce B. Cole Trust U/A dated 1/16/92.
6. Applications for Games of Chance.
7. Memorandum of Understanding - Storm Water Pond and Park Facilities with the Park District of the City of Fargo.
8. Permanent Easement (Water Main) with John T. Jones Construction, Inc.
9. 2026 Truck Route Map Changes for Overdimensional Vehicles.
10. Contribution Agreement with Cass County Electric Cooperative for sink hole repairs at 23rd Avenue South and 55th Street.
11. Developer Agreement with GH Properties, LLC for property located in the 500 block of 18th Street North.
12. Revision to the Sanitary Sewer Service Repair Policy.
13. Purchase Agreement with Jason R. Eid as Personal Representative of the Estate of Gerald D. Eid (Project No. BN-26-D1).
14. Purchase Agreement with Brookstone Property LLC (Project No. BN-26-D1).
15. Change Order No. 6 in the amount of $1,162.55 for Project No. TN-24-A1.
16. Bid advertisement for Project No. PR-26-B.
17. Bid advertisement for Project No. SR-26-A.
18. Permanent Easement (Street and Utility) with Fargo Public School District No. 1 (Improvement District No. BR-26-G1).
19. Amendment No. 1 in the amount of $13,365.00 for Improvement District No. BN-24-B2.
20. Amendment No. 4 in the amount of $383,715.00 for Improvement District No. BR-23-G0.
21. ND Department of Transportation Preliminary Engineering Reimbursement Agreement (Improvement District No. PR-28-A1).
22. Declare protests insufficient for Improvement District No. BR-23-A.
23. Declare protests insufficient for Improvement District No. BR-26-H.
24. Create Improvement District No. BR-26-C and adopt Resolution of Necessity (Paving and Utility Rehab/Reconstruction).
25. Create Improvement District No. PR-26-C and adopt Resolution of Necessity (Seal Coat).
26. Bid awards for HVAC Project at Police Department Headquarters (ITB26052):
a. Gast Construction Company, Inc. in the amount of $180,100.00
(general contract).
b. Peterson Mechanical, Inc. in the amount of $1,137,300.00
(mechanical contract).
27. Third Amendment to Agreement between Ovations Food Services, LP d/b/a OVG Hospitality (f/k/a Spectra Food Services & Hospitality) and the Fargo Dome Authority.
28. Items from FAHR Meeting:
a. Receive and file Sales Tax Update - Accrual basis.
b. Purchase of the EHS Insight claims module for 2026 at a cost of $9,132.49.
29. Amendment to the Findings of Fact, Conclusions and Order for property located at 1544 3rd Avenue South to allow a 60-day extension of time to 3/27/26.
30. Professional Services Agreement - Data Collection/Data Processing with Fugro USA Land, Inc. (RFP26019).
31. Agreement with Trimble, Inc. for cloud hosted version of Cityworks software (EX26087).
32. Cyber Incident IT Mutual Aid Agreement with Cass County and West Fargo.
33. Bid award to Sanitation Products in the amount of $216,371.00 for the purchase of one three wheeled mechanical street sweeper (RFP26260).
34. Bid award to Northdale Oil, Inc. in the amount of $967,520.00 for the purchase of fuel for the 3rd and 4th quarters of 2026 and execute the Forward Fuel Contract (RFP26065).
35. Bid awards for Aggregate Materials, Concrete, Concrete Materials, Asphalt, Emulsified Asphalt and black dirt as presented (RFP26064).
36. Bid award to Johnson & Schock Excavating in the amount of $794,945.00 for Project No. WA2504.
37. Bills in the amount of $10,772,266.97.

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

Hearing on an Application Filed by Moonrise Café LLC d/b/a Moonrise Café LLC for an Alcoholic Beverage License Continued to March 2, 2026:
A Hearing had been set for this day and hour on the application filed by Moonrise Café LLC d/b/a Moonrise Café LLC for a Class "GH" Alcoholic Beverage License at 111 Broadway North.

Commissioner Piepkorn moved the application be continued to 5:05 p.m. on Monday, March 2, 2026.

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.

Hearing on an Application Filed by Cellar 624 d/b/a Cellar 624 for an Alcoholic Beverage License Continued to March 2, 2026:
A Hearing had been set for this day and hour on the application filed by Cellar 624 d/b/a Cellar 624 for a Class "VWB" Alcoholic Beverage License at 624 Main Avenue, Suite 5.

Commissioner Piepkorn moved the application be continued to 5:05 p.m. on Monday, March 2, 2026.

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.

Hearing on an Application Filed by Dakota Food Group LLC d/b/a Teddy’s for an Alcoholic Beverage License Continued to March 2, 2026:
A Hearing had been set for this day and hour on the application filed by Dakota Food Group LLC d/b/a Teddy’s for a Class "FA-RZ" Alcoholic Beverage License at 624 Main Avenue, Suite 4.

Commissioner Piepkorn moved the application be continued to 5:05 p.m. on Monday, March 2, 2026.

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.

Parcels of Land in RLN Business Park Third Addition Rezoned (4583 33rd Street North and 3108 46th Avenue North):
At a Hearing held on October 7, 2025, the Fargo Planning Commission recommended approval of a change in zoning from LI, Limited Industrial and AG, Agricultural to LI, Limited Industrial and P/I, Public and Institutional.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the applicant is seeking approval for a major subdivision. He said a proximity agreement has been signed by the property owners, this is a standard agreement between the City of Fargo and owners of property in close proximity to Hector International Airport and the overflow sewage lagoons. He said with this agreement the property owners acknowledge the existence of these facilities and the potential for aircraft noise and sewage odor.
In response to question from Mayor Mahoney’s asking for the property's intended use, Ryan Wollan, Lowry Engineering, said it would serve as a warehouse.

Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff 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 Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Kolpack, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in RLN Business Park Third Addition to the City of Fargo, Cass County, North Dakota:

Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning a Certain Parcel of Land Lying in RLN Business Park Third Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving RLN Business Park Third Addition:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “RLN Business Park Third Addition” containing 3 Lots, 1 Block and 10.44 acres of land more or less, located at 4583 33rd Street North and 3108 46th Avenue North; and
WHEREAS, A Hearing was held October 7, 2025 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on December 31, 2025 and January 7, 14, and 21, 2026 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:05 p.m., February 2, 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 “RLN Business 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.

2025 Downtown Fargo Business Improvement District Overview:
Downtown Community Partnership Executive Director Rocky Schneider said the Fargo Business Improvement District (BID) is a unique program funded by extra taxes from Downtown property owners. With a budget of nearly $1 million, he stated, the BID pays for teams to keep Downtown clean, safe and attractive. He said the program focuses on daily maintenance such as removing graffiti, emptying trash and cleaning up biohazards, especially in high-traffic areas. Beyond cleaning, the BID funds Downtown extras such as holiday lights, flower baskets and local art, he said. These services are essential for handling the more than 40,000 visitors who flock to Downtown on weekends, he said.
Commissioner Strand said Downtown Fargo remains a top priority for the City and BID’s behind-the-scenes work keeps everything running smoothly and cleanly. He said BID’s dedication is what makes the Downtown area so successful.

Build – Off Existing Alignment Alternative with Mini-Roundabout Option at Intersection of Elm Street and 12th Avenue North Approved (Project No. QR-25-B0):
Transportation Division Engineer Jeremy Gorden said the proposal is to replace the flood-prone 12th Avenue North Bridge, which has gone underwater eight times in the last 15 years. He said City staff recommends building a new bridge on a slightly shifted alignment and installing a mini roundabout at the Elm Street intersection. This off-alignment approach is about $3 million less than staying in the current spot, he stated, while the mini roundabout is preferred by the public and saves up to $2 million compared to a traditional traffic signal. He said these decisions will allow the project to move forward into the final design phase, making it shovel-ready for Federal Grant applications by early 2027.
In response to questions from Commissioner Turnberg asking if the bridge replacement is truly urgent since the Diversion project should reduce flooding risks and whether the bridge still faces a major threat from water or if the project is now primarily focused on fixing secondary issues such as crumbling pavement and poor pedestrian accessibility, Mr. Gorden said the current bridge floods at a river level of 27 feet and while the new Diversion allows up to 37 feet to pass through town, a major flood would still submerge the bridge. He said the replacement might not be an immediate emergency today; however, it is essential for long-term community resilience. He said a higher bridge is necessary to ensure the north side of the City remains connected to the VA Hospital during high-water events, rather than forcing residents to detour further to the south.
Mayor Mahoney said the Federal government is currently prioritizing bridge funding, creating a prime opportunity to seek additional grants. He said he and Mr. Gorden will meet this week to discuss applying for these funds to help cover construction costs. He said securing Federal money is always a challenge; however, he is committed to pursuing these resources to support the project.
Commissioner Piepkorn said drawing on examples he had seen in Detroit Lakes, he questioned whether a small design is the most effective option, particularly regarding the logistics of snow removal. He said he would also like further clarification on how the project would handle pedestrian and bicycle access across the bridge.
Mr. Gorden said while Fargo currently lacks mini roundabouts, Public Works Director Ben Dow is supportive of the plan provided the roadway openings are at least 16 feet wide to accommodate large snowplows. He said the project will significantly improve the connection between the Park District’s north and south parking lots by raising the under-bridge path by six feet. He said the team is collaborating closely with the Park District to ensure better pedestrian flow to the baseball stadium and to enhance the overall site layout without negatively impacting the operations.
In response to a question from Commissioner Strand asking how the 12th Avenue North Bridge project might impact the ongoing discussions regarding the North Broadway Bridge, Mr. Gorden said the City has moved on from the North Broadway Bridge project, noting that even if the bridge were rebuilt for $20 million, it would still flood at 23 feet due to the low-lying ground and poor soil conditions on the Fargo side. He said Federal funds originally intended for that project have already been redirected to other regional priorities by the MetroCOG Policy Board. There are ongoing maintenance concerns regarding the stability of Broadway itself near the Water Treatment Plant, he stated and there is an alternative bridge less than a half-mile away, making a new North Broadway crossing a low priority.
In response to a question from Commissioner Strand asking whether the 12th Avenue North Bridge project would help resolve traffic problems that occur when both area bridges are closed and how will these improvements impact overall traffic flow and navigation for residents in North Fargo, Mr. Gorden said the bridge currently carries between 12,000 and 13,000 vehicles per day and since the bridge stopped being a toll crossing, traffic volume has increased with an unprecedented surge. He said the North Broadway crossing handled about 1,500 vehicles daily, meaning the 12th Avenue bridge supports nearly ten times the traffic.
In response to a question from Commissioner Strand asking if the project would have any impact positive or negative on the El Zagal dip in the road, Mr. Gorden said the proposed project will not fix the El Zagal dip due to the fact that the road is built into the riverbed. He said a causeway could technically solve the issue; however, it would be cost-prohibitive due to the length required.
Commissioner Piepkorn said the bridge is vital for Minnesota residents traveling to the VA Hospital, noting that while the road dip remains a separate challenge, maintaining this specific connection for high traffic volumes is the priority. Mr. Gorden said the new bridge will be built entirely above the 37-foot flood stage and assured the City Commission the structure will not act as a dam or a barrier to water flow, meeting the necessary height requirements to remain fully operational after the Diversion is complete. He said the current phase of the project, which includes environmental documentation and design, is fully covered by a $1.5 million Federal grant. For the actual construction, the City will look for funding through future Federal grants, the annual Capital Improvement Plan (CIP) and any available State or Federal money at that time, he said. While the project is estimated at $30 million, there are currently no secured funds for construction and the City will aggressively compete for Federal money, specifically targeting U.S. Department of Transportation Discretionary Grants. The Bridge Infrastructure Program is the most logical fit, he stated and he plans to submit grant applications as early as this fall to move the project forward.
Commissioner Kolpack said once the specific funding sources for construction are identified, the project will be brought back before the City Commission for final approval.
Mr. Gorden said the Commission's current approval is strictly for the environmental documentation and the final design phase. He said any decisions or funding commitments regarding the actual construction of the bridge would have to be brought back for a separate vote at a later date.

Commissioner Piepkorn moved the Build – Off Existing Alignment Alternative with Mini-Roundabout option at the intersection of Elm Street and 12th Avenue North be approved.

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

Application for Abatement or Refund of Taxes #4632 for Property Located at 1112 10th Street North Requesting a Reduction in Value for 2024 Approved:
City Assessor Michael Splonskowski said the applicant is seeking a reduction in the 2024 tax value from $183,300.00 to $115,000.00. He said with the information provided by the owner and the appraiser’s review, based on the current conditions and issues of the property, the Assessor’s Office has created new approaches to value and feel a reduction is warranted.

Commissioner Kolpack moved, based upon Mr. Splonskowski's recommendation, that the application for Abatement or Refund of Taxes #4632 for Property Located at 1112 10th Street North Requesting a Reduction in Value for 2024 be approved.

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

Applications for Property Tax Exemption for Improvements Made to Building Approved:
a. Shannon and Peter Chamberlin (5 years).
b. James and Kristi Kirkeby (5 years).
c. Jade and Laney Witty (5 years).
d. Roger and Lynn Burris (5 years).
e. Darin and Katherine Sherva (5 years).

Commissioner Piepkorn moved the applications be approved.

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

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

Public Comments:
Christopher Coen spoke.

The meeting adjourned at 5:49 o’clock p.m.