City Commission

Commission Chambers

Agenda — 64 items

1. 1 Executive Session at 4:00 p.m.
2. 2 PLEASE NOTE: The Board of City Commissioners will convene in the City Commission Chambers at 4:00 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.
3. 3 Regular Meeting at 5:00 p.m.
4. 3 Order of Agenda: approve Pass
5. 4 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.
6. 4 Minutes: approve Pass
7. A. Pledge of Allegiance. ▶ jump to 0:52
8. B. Roll Call. ▶ jump to 1:11
9. 6 Consent Agenda: approve the Consent Agenda Pass
10. C. Approve Order of Agenda. ▶ jump to 1:19
11. D. Minutes (Regular Meeting, October 27, 2025). ▶ jump to 1:33
12. 9 CONSENT AGENDA – APPROVE THE FOLLOWING:
13. 1. Interest Buydown Agreement, Escrow Agreement - Pace Program and Community Pace Interest Buydown Authorization with the Bank of ND and GLDNBER ND, LLC. 23-3948 approve Pass ▶ jump to 1:46
14. 2. Receive and file the following Ordinances: a. 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. b. An Ordinance Amending Section 22-0301 of Article 22-03 of Chapter 22 of the Fargo Municipal Code Relating to Plumbing Code. 23-3943 approve Pass
15. 3. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Selkirk Fourth Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 10/27/25. 23-3908 approve Pass
16. 4. 2nd reading, waive reading and final adoption of an Ordinance Annexing a Certain Parcel of Land Lying in a Portion of the Southwest Quarter and Part of the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the 5th Principal Meridian in Cass County, North Dakota; 1st reading, 10/27/25. 23-3909 approve Pass
17. 5. Applications for Games of Chance. 23-3939 approve Pass
18. 6. Gaming Site Authorizations. 23-3944 approve Pass
19. 7. Negative Final Balancing Change Order No. 6 in the amount of -$67,300.00 and a time extension to the Final Completion Date of 7/31/25 for Project No. NR-23-A2. 23-3918 approve Pass
20. 8. Purchase Agreement with 64th Avenue Development LLC for Project No. BN-26-D1. 23-3924 approve Pass
21. 9. Memorandum of Offer to Landowner for an Easement (Temporary Construction Easement) with Forum Communications Company (Project No. QN-23-B1). 23-3925 approve Pass
22. 10. 2027 to 2030 Federal Aid Transportation Project Applications. 23-3921 approve Pass
23. 11. Maintenance Certification for Urban Federal Aid Projects for NDDOT. 23-3927 approve Pass
24. 12. Rescission of Maintenance Agreement and Maintenance Agreements (Public Right of Way) with J & O Real Estate, LLC, Makt, LLC and Christopher H. Crowe, as Trustee of the Christopher H. Crowe Revocable Trust, dated the 12th day of October and the addition of Project No. BN-26-B1 to the 2026 Capital Improvement Plan. 23-3923 approve Pass
25. 13. Pipeline License with BNSF (Revision to Exhibit A) (Project No. UR-24-C1). 23-3933 approve Pass
26. 14. Final Balancing Change Order No. 3 in the amount of $17,698.94 for Improvement District No. BR-25-B3. 23-3919 approve Pass
27. 15. Change Order No. 2 in the amount of $17,590.00 for Improvement District No. BR-25-E1. 23-3917 approve Pass
28. 16. Negative Final Balancing Change Order No. 1 in the amount of -$3,067.06 for Improvement District No. PR-25-C1. 23-3916 approve Pass
29. 17. Permanent Easements (Storm Sewer and Street and Utility) with County 20 Storage & Transfer, Inc. (Improvement District No. BN-25-F1). 23-3926 approve Pass
30. 18. Bid award to Dakota Underground Company, Inc. in the amount of $5,036,378.90 for Improvement District No. BN-25-F1. 23-3928 approve Pass
31. 19. Receive and file Limited Franchise Agreement with Cass County Electric, adding the area annexed by the City of Fargo on 10/16/25. 23-3915 approve Pass
32. 20. Items from the FAHR Meeting: a. Receive and file Sales Tax Revenue Update. b. Accept the donation of $10,998.00 from the Fargo Police Foundation, authorize the purchase of two massage chairs and related budget adjustments (RFQ25306). c. Request from the Fire Department to frontload one firefighter in the January 2026 Fire Academy in anticipation of a Quarter One 2026 retirement. d. Modification No. 1 - Contract Agreement in the amount of $100,000.00 with Cloudburst Consulting Group, Inc. (EX25023). 23-3929 approve Pass
33. 21. Notice of Grant Award from the ND Department of Emergency Services in the amount of $15,021.00 for the 2024 Emergency Management Performance Grant. 23-3940 approve Pass
34. 22. Notice of Grant Award Amendment from the ND Department of Health and Human Services for HIV.HCV Counseling, Testing and Referral (CFDA #94.940). 23-3934 approve Pass
35. 23. Set November 24, 2025 at 5:05 pm as the date and time for a Public Hearing on a dangerous building located at 1544 3rd Avenue South. 23-3941 approve Pass
36. 24. Resolution Approving Plat of Archer Place First Addition. 23-3911 approve Pass
37. 25. Resolution Approving Plat of University South Sixth Addition. 23-3912 approve Pass
38. 26. Direct the City Attorney’s Office to review and propose revisions to Fargo Municipal Code Regarding Electric Bicycles. 23-3922 approve Pass
39. 27. Lease with Option to Purchase Agreement with Kinetic Leasing, Inc. in the amount of $240,908.38 for a large aerial truck for the Forestry Department (PBC #s 25228 and 25229). 23-3906 approve Pass
40. 28. Services Contract with Minnesota State University Moorhead for the U-Pass Program. 23-3905 approve Pass
41. 29. Contract and bond for Project No. WA2501. 23-3914 approve Pass
42. 30. Amendment No. 1 to Task Order No. 1 with HDR Engineering, Inc. in the amount of $46,400.00 for Project No. WA2501. 23-3937 approve Pass
43. 39 Regular Agenda:
44. 31. Reject and readvertise the bids for Project No. WA2505 - Lead Service Line Replacement. 23-3938 approve Pass
45. 32. Bills in the amount of $17,828,948.64. 23-3963 approve Pass
46. 42 REGULAR AGENDA:
47. 43 *Public Input Opportunity* - PUBLIC HEARINGS - 5:05 pm:
48. 33. PUBLIC HEARING - EOLA Second Addition and on the proposed J & O 45th Street Apartments Addition (4417 and 4477 26th Avenue South, and 4410, 4448, 4470 and 4474 24th Avenue South, and 4415 and 4471 24th Avenue South); approval recommended by the Planning Commission on 5/6/25; continued from the 10/13/25 and 10/27/25 Regular Meetings: a. PUD, Planned Unit Development Master Land Use Plan Amendment. b. Zoning Change from GC, General Commercial with a PUD, Planned Unit Development Overlay to GC, General Commercial with an amended PUD, Planned Unit Development Overlay. c. Zoning Change from GC, General Commercial with a PUD, Planned Unit Development Overlay to GC, General Commercial with a C-O, Conditional Overlay and removal from the PUD, Planned Unit Development Master Land Use Plan. d. 1st reading of rezoning Ordinance (EOLA Second Addition and on the proposed J & O 45th Street Apartments Addition). e. 1st reading of rezoning Ordinance (EOLA Addition). f. Plat of J & O 45th Street Apartments Addition. 23-3932 approve Pass ▶ jump to 7:48
49. 33d. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in EOLA Second Addition and J & O 45th Street Apartments Addition to the City of Fargo, Cass County, North Dakota. 23-3936 approve Pass
50. 33e. 1st reading of an Ordinance Rezoning Certain Parcels of Land Lying in EOLA Addition to the City of Fargo, Cass County, North Dakota. 23-3935 approve Pass
51. 34. PUBLIC HEARING - Plat of 19th Avenue Storage Addition (1101 19th Avenue North); approval recommended by the Planning Commission on 9/4/25. 23-3913 approve Pass ▶ jump to 14:00
52. 48 *Public Input Opportunity* - PUBLIC HEARINGS - 5:15 pm:
53. 35. 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 continue Pass ▶ jump to 22:17
54. 36. 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 continue Pass ▶ jump to 38:00
55. 37. 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 ▶ jump to 38:31
56. 38. United to End Homelessness Update. 23-3931 ▶ jump to 40:14
57. 39. Recommendation to approve the 2nd Phase of the Request for Proposals for the Convention Center Project. 23-3930 approve Pass ▶ jump to 61:11
58. 40. Recommendation to approve the 2026 - 2030 Transit Development Plan. 23-3907 approve Pass ▶ jump to 69:29
59. 41. Recommendation to approve the University Drive and 10th Street Corridor Study. 23-3920 approve Pass ▶ jump to 91:18
60. 42. Recommendation from Commissioner Strand on Tax Incentive Policies. 23-3942 continue Pass ▶ jump to 2:46
61. 43. Discussion regarding the Safer Smoking Supplies and Needle Disbursement Programs. 23-3949 deny Fail ▶ jump to 113:26
62. 44. Liaison Commissioner Assignment Updates. ▶ jump to 166:39
63. 45. PUBLIC COMMENTS: (2.5 minutes will be offered for comment with a maximum of 30 minutes total for all public comments. Individuals who would like to address the Commission, whether virtually or in person, must sign up at FargoND.gov/VirtualCommission). ▶ jump to 168:04
64. 60 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.