City Commission

Commission Chambers

Agenda — 70 items

1. 1 Executive Session at 4:30 p.m.
2. 2 Roll Call.
3. 3 PLEASE NOTE: The Board of City Commissioners will convene in the City Commission Chambers at 4:30 p.m. and retire into Executive Session in the Red River Room for the purposes of discussing negotiating strategy and/or providing negotiating instructions to its attorney or other negotiator regarding contractual negotiations and/or reasonably predictable litigation regarding annexation with the City of Harwood, Applied Digital Corporation and/or Fercho Properties, LLP; and to receive its attorney’s advice and guidance on the legal risks, strengths and weaknesses of an action of a public entity and regarding reasonable predictable and/or threatened litigation relating to annexation with the City of Harwood, Applied Digital Corporation and/or Fercho Properties, LLP. Discussing these items in an open meeting would have a negative fiscal effect on the bargaining and/or litigation 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.
4. 4 Regular Meeting at 5:00 p.m.
5. 4 Order of Agendas: approve Pass
6. 5 City Commission meetings are broadcast live on TV Fargo Channel 56 and online at www.FargoND.gov/streaming. They are rebroadcast Mondays at 5:00 p.m., Thursdays at 7:00 p.m. and Saturdays at 8:00 a.m. They are also included in the video archive at www.FargoND.gov/citycommission.
7. 5 Minutes: approve Pass
8. A. Pledge of Allegiance. ▶ jump to 1:23
9. B. Roll Call. ▶ jump to 1:45
10. 7 Consent Agenda: approve the Consent Agenda Pass
11. C. Approve Order of Agenda. ▶ jump to 6:20
12. D. Minutes (Regular Meeting, November 24, 2025). ▶ jump to 6:30
13. 10 CONSENT AGENDA – APPROVE THE FOLLOWING:
14. 1. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 16-0201, 16-0204, 16-0206, 16-0213, 16-0214 and 16-0216 and Repealing Section 16-0205 of Article 16-02 of Chapter 16 of the Fargo Municipal Code Relating to Waterworks System; 1st reading, 11/24/25. 23-4001 approve Pass ▶ jump to 6:43
15. 2. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 22-0301 of Article 22-03 of Chapter 22 of the Fargo Municipal Code Relating to Plumbing Code; 1st reading, 11/24/25. 23-4002 approve Pass
16. 3. Findings of Fact, Conclusions and Order, and Notice of Entry of Order of the Board of City Commissioners of the City of Fargo for property located at 1544 3rd Avenue South. 23-4004 approve Pass
17. 4. Resolution Establishing Water Meter Charge for Failure to Replace Meter and Opt Out Charge. 23-4005 approve Pass ▶ jump to 79:37
18. 5. Applications for Games of Chance. 23-4035 approve Pass
19. 6. Amended Consulting Agreement with Bloomberg Consulting LLC. 23-4036 approve Pass
20. 7. Receive and file the fully executed Lease Agreement with Bullinger Enterprises, L.L.L.P. and City of Fargo - Resources and Recovery Center, and Fiscal Sponsorship and Administrative Fee Agreements with FM Area Foundation. 23-4042 approve Pass
21. 8. Agreement with Catalis Tax & CAMA, Inc. for the replacement of the Computer Assisted Mass Appraisal System (RFP25088). 23-4032 approve Pass
22. 9. Bid award to Q3 Contracting, Inc. in the amount of $234,808.72 for Project No. BR-27-E4. 23-4024 approve Pass
23. 10. Bid advertisement for Project No. FM-15-J. 23-4025 approve Pass
24. 11. Final Balancing Change Order No. 7 in the amount of $0.00 for Project No. NR-23-A2. 23-4008 approve Pass
25. 12. Negative Final Balancing Change Order No. 1 in the amount of -$8,641.80 for Project No. PR-25-B1. 23-4018 approve Pass
26. 13. Bridge Cost-Share Agreement with the City of Moorhead for Project No. QR-25-B0. 23-4020 approve Pass ▶ jump to 85:16
27. 14. Negative Final Balancing Change Order No. 3 in the amount of -$32,731.00 for Project No. SR-25-B1. 23-4017 approve Pass
28. 15. Change Order No. 1 in the amount of $34,950.00 for Project No. TM-25-B1. 23-4013 approve Pass
29. 16. Change Order No. 2 in the amount of $46,657.00 and a time extension to the substantial and final completion dates to 11/21/25 and 12/10/25 for Project No. UR-24-C1. 23-4012 approve Pass
30. 17. Negative Final Balancing Change Order No. 7 in the amount of -$194,304.38 for Improvement District No. BN-23-F1. 23-4019 approve Pass
31. 18. Change Order No. 3 in the amount of $15,625.38 for Improvement District No. BN-25-C1. 23-4010 approve Pass
32. 19. Negative Final Balancing Change Order No. 7 in the amount of -$21,859.66 for Improvement District No. BR-25-E1. 23-4009 approve Pass
33. 20. Change Order No. 1 in the amount of $30,195.48 and time extension to substantial and final completion dates of 10/24/25 and 5/15/26 for Improvement District No. BR-25-H1. 23-4011 approve Pass
34. 21. Final Balancing Change Order No. 2 in the amount of $72,846.74 for Improvement District No. PN-25-A1. 23-4015 approve Pass
35. 22. Final Balancing Change Order No. 2 in the amount of $57,808.58 for Improvement District No. PR-25-E1. 23-4014 approve Pass
36. 23. Negative Final Balancing Change Order No. 2 in the amount of -$50,212.31 for Improvement District No. PR-25-H1. 23-4016 approve Pass
37. 24. Direct the City Attorney to work with Engineering on possible updates to the Municipal Code Related to Event Permitting. 23-4040 approve Pass
38. 25. Contract and bond for Improvement District No. BN-25-F1. 23-3996 approve Pass
39. 26. Items from the FAHR Meeting: a. Receive and file Sales Tax Update. b. Budget amendment for emergency sanitary sewer line repair at the FARGODOME. c. Fargo Moorhead Convention and Visitors Bureau 2026 budget. 23-4026 approve Pass
40. 27. Resolution approving Plat of Veterans Industrial Park Second Addition. 23-4028 approve Pass
41. 28. Lease Agreement between the City of Fargo and the Office of the Adjutant General for the Fargo Regional Law Enforcement Training Center. 23-4027 approve Pass
42. 29. Bid award to Code 4 Services as the primary vendor with Guardian Fleet Safety as the emergency vendor for Emergency Vehicle Squad Set-ups (RFP25293). 23-4033 approve Pass
43. 30. Negative Final Balancing Change Order No. 4 in the amount of -$256,733.51 for Project No. SW 23-04. 23-4029 approve Pass
44. 31. Amendment No. 4 to Agreement between City of Fargo and First Transit, Inc. (a/k/a Transdev U.S.). 23-4003 approve Pass
45. 32. Task Order No. 25-03 with Houston Engineering, Inc in the amount of $121,846.00 for Project No. WA2403. 23-4039 approve Pass
46. 33. Resolution Prescribing Rates and Charges for Hauled Liquid Waste. 23-4038 approve Pass
47. 43 Regular Agenda:
48. 34. Amendment No. 1 to Task Order No. 14 with AE2S, LLC in the amount of $35,500.00 for Improvement District No. BN-25-F1. 23-4037 approve Pass
49. 35. Bills in the amount of $9,054,647.11. 23-3997 approve Pass
50. 36c. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in 45th Street Park Sixth Addition to the City of Fargo, Cass County, North Dakota. 23-4007 approve Pass
51. 46 REGULAR AGENDA:
52. 36d. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in 45th Street Park Second Addition to the City of Fargo, Cass County, North Dakota. 23-4006 approve Pass
53. 47 *Public Input Opportunity* - PUBLIC HEARINGS - 5:05 pm:
54. 36. PUBLIC HEARING - 45th Street Park Sixth Addition and 45th Street Park Second Addition (200, 300, 330 and 400 45th Street South, and 4414 and 4428 2nd Avenue South); approval recommended by the Planning Commission on 9/4/25: a. Zoning Change from LI, Limited Industrial with a C-O, Conditional Overlay and GC, General Commercial to GC, General Commercial with a PUD, Planned Unit Development Overlay. b. PUD, Planned Unit Development Master Land Use Plan. c. 1st reading of rezoning Ordinance (45th Street Park Second Addition). d. 1st reading of rezoning Ordinance (45th Street Park Sixth Addition). d. Plat of 45th Street Park Sixth Addition. 23-4030 approve Pass ▶ jump to 7:11
55. 36c. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in 45th Street Park Second Addition to the City of Fargo, Cass County, North Dakota. 23-4006
56. 36d. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in 45th Street Park Sixth Addition to the City of Fargo, Cass County, North Dakota. 23-4007
57. 37. PUBLIC HEARING - Plat of Borg Addition (2502 7th Avenue South); approval recommended by the Planning Commission on 10/7/25. 23-4031 approve Pass ▶ jump to 21:15
58. 38. PUBLIC HEARING - Annexation of 303.23 acres, more or less located in the West Half of Section 3, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota; continued from the 11/10/25 and 11/24/25 Regular Meetings. 23-3945 approve Pass ▶ jump to 23:02
59. 39. PUBLIC HEARING - Annexation of 256.87 acres, more or less East Half of Section 3, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota, less those parcels lying within said East Half legally described in those instruments recorded at the Office of the Recorder, Cass County, North Dakota; continued from the 11/10/25 and 11/24/25 Regular Meetings. 23-3946 approve Pass ▶ jump to 37:52
60. 40. PUBLIC HEARING - Annexation of 236.16 acres, more or less in the Southeast Quarter and the East One-Half of the Southwest Quarter of Section 35, Township 141 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota; continued from the 11/10/25, 11/24/25, 12/8/25 and 12/22/25 Regular Meetings. 23-3947 continue Pass
61. 41. Construction Update. 23-4022 ▶ jump to 41:38
62. 45. Resolution Establishing Water Meter Charge for Failure to Replace Meter and Opt Out Charge. 23-4005 approve Pass ▶ jump to 79:37
63. 42. Recommendation to approve the City of Fargo Total Compensation Philosophy and Strategy. 23-4041 approve Pass ▶ jump to 50:21
64. 46. Bridge Cost-Share Agreement with the City of Moorhead for Project No. QR-25-B0. 23-4020 approve Pass ▶ jump to 85:16
65. 43. Discussion regarding Resident Comment Policy. 23-4021 ▶ jump to 67:33
66. 44. Applications for Property Tax Exemptions for Improvements Made to Buildings: a. Luke and Madison Morman (5 years). b. Benjamin and Rachael Kohlhass (5 years). 23-3904 approve Pass ▶ jump to 1:16
67. 46. Public Comments:
68. 45. Liaison Commissioner Assignment Updates. ▶ jump to 88:36
69. 46. Resident Comments: (Fargo residents will be offered 2.5 minutes for comment with a maximum of 30 minutes total for all resident comments. Residents who would like to address the Commission, whether virtually or in person, must sign up at FargoND.gov/VirtualCommission). ▶ jump to 91:20
70. 61 People with disabilities who plan to attend the meeting and need special accommodations should contact the Commission Office at 701.241.1310 at least 48 hours before the meeting to give our staff adequate time to make arrangements. Minutes are available on the City of Fargo website at www.FargoND.gov/citycommission.