Fargo City Commission Meeting - February 20, 2024

The Fargo City Commission held a regular meeting on February 20, 2024, at 5:00 PM in the Commission Chambers. The meeting included a moment of silence for John Q. Paulson, a recognition of the 25th consecutive GFOA Certificate of Achievement for Excellence in Financial Reporting, consent agenda approval, public comments on the conflict in Gaza, three public hearings on tax exemptions and a rezoning, presentations on the 25th Street Corridor Study and the 2023 Fire Department Annual Report, adoption of a resolution for airport revenue bonds, and decisions on several tax abatements and exemptions.

Consent Calendar

• Approved 36 items bundled as the consent agenda, including:
  • Tax abatement (No. 4558) for 113 Woodland Drive North, reducing value from $397,200 to $361,200.
  • First reading of an ordinance amending the International Property Maintenance Code.
  • Second reading and final adoption of annexation and rezoning ordinances for parcels in Cass County.
  • Findings, Conclusions, and Order regarding a license violation of Windbreak Saloon.
  • Seven applications for games of chance (raffles).
  • Negative Final Balancing Change Order No. 7 for Project FM-19-C1 (~$90,562.95).
  • Modifications to on-street parking on the 3200 block of North 10th Street.
  • Engineering service agreements with Houston Engineering, HDR Engineering, and others.
  • Pond access and maintenance easement with Gitty-Up, LLC.
  • Bid advertisement for Project TM-24-A.
  • Cost participation agreement with NDDOT for 32nd Avenue Reconstruction.
  • MOU for easements with YWCA Cass Clay and Lantern Light, LLC.
  • Creation of three improvement districts (BN-23-E, BN-23-J, PR-24-F).
  • Contract and bond for Improvement District TN-23-A2.
  • Piggyback purchase of firefighter turnout gear ($151,960).
  • Authorization to apply for grants: Assistance to Firefighters ($578,448), Hazardous Materials Emergency Preparedness, State Homeland Security (for flight operations vehicle and TVs).
  • Dental and health insurance agreements with BCBSND.
  • MOU for Cass Clay Threat Assessment Threat Management Team.
  • Construction contract for Public Works South Side Fuel Station.
  • Task orders for landfill engineering services ($212,900) and solid waste revenue adequacy model ($15,000).
  • Change Order No. 1 for slope repair ($569,910.72).
  • Public Transportation Agency Safety Plan annual update.
  • Resolution authorizing FTA grant applications.
  • Increase in Transit Connect smartcard replacement fee from $5 to $10, effective April 1, 2024.
  • Amendment No. 2 to contract with Transdev extending through December 31, 2024.
  • Task Order No. 10 with AE2S for $121,700.
  • Bills totaling $7,238,224.93.

Public Comments & Testimony

• Ten residents spoke during the resident comments period, all urging the commission to pass a resolution calling for a ceasefire in Gaza and the release of hostages. Speakers included:
  • Wess Philome (via conference call) praised Fargo Police for compassionate handling of a domestic incident, then extended condolences to Burnsville officers and urged accountability.
  • Kyle Feldhake cited Martin Luther King Jr. to criticize inaction, noted that Fargo tax dollars may subsidize the conflict, and asked why the city would comment on state book bans but not on the Gaza situation.
  • Ahmer Qarni appealed to Mayor Mahoney (a former trauma surgeon) to call for a ceasefire, comparing the standard of care for animals to that for Palestinians.
  • Prairie Johnson described being assaulted while peacefully marching for a ceasefire, reported that 33,590 civilians (including 14,031 children) had been killed, and urged the commission to support peace.
  • Habiba Elbassiouny expressed dismay at witnessing genocide, called for a ceasefire, and referenced the International Peace Garden’s spirit.
  • Allison Slavik (speaking on behalf of a physician who wished to remain anonymous) stated that the conflict hits close to home and urged the commission to align Fargo’s actions with its values.
  • Fowzia Adde, a 28-year resident, asked for support for a ceasefire for the sake of children and community cohesion.
  • Sharon Altendorf read a statement from David Myers (FM Interfaith Center) acknowledging Hamas’s attack but arguing Israel’s military response has exceeded limits, calling for a ceasefire to enable humanitarian aid and hostage return.
  • Sumaya Abukar defined the situation as genocide, citing Britannica, and urged the commission to advocate for justice.
  • Pastor Martin Avery, speaking for the local faith community, supported a ceasefire resolution, deploring both Hamas’s violence and Israel’s response.

Discussion Items

• Public Hearing – Packet Digital Tax Exemption: The applicant, a developer of advanced battery cells for military and commercial uses, requested a 5-year, 100% property tax exemption for a new facility at 1300 and 1358 39th Street North. The company plans to invest over $11 million in the building and equipment, creating approximately 25 jobs with starting wages over $40 per hour. The project is the first U.S. facility to onshore battery cell production. Staff recommended approval. The commission unanimously approved the exemption.
• Public Hearing – Anvil Design Tax Exemption: Anvil Design and Manufacturing, a mechanical engineering firm, requested a 5-year, 100% property tax exemption for a building at 2222 7th Avenue North. The company will occupy about 60% of the building, adding 9 jobs initially and up to 16 over five years. Staff recommended approval. The commission unanimously approved the exemption.
• Public Hearing – Rheault Second Addition Rezoning and Plat: The applicant sought a zoning change from General Office (GO) to Limited Commercial (LC) and Multi-Dwelling Residential (MR-3) for four parcels (2318, 2322, 2408, 2424 30th Avenue South), and a minor subdivision plat. Initially, staff recommended denial due to insufficient density, but after the applicant proposed building two-unit residences on two lots (increasing from three to five units), staff changed its recommendation to approval. The Planning Commission had already recommended approval. The commission unanimously approved the rezoning and plat.
• Presentation – 25th Street Corridor Study: Transportation Division Engineer Jeremy Gorden and Scott Middaugh (KLJ) presented the completed study, which examined the 3-mile corridor from 32nd Avenue South to 64th Avenue South. The pavement has 8–10 years of life remaining. Key issues: no center turn lane, pedestrian safety concerns, and speeding. The study evaluated alternatives: no build, three-lane, five-lane, and two-plus-one lane configurations. Public input was split between no build and five-lane north of 52nd Avenue. The commission received the study for information; no action was taken.
• Presentation – 2023 Fire Department Annual Report: Fire Chief Steve Dirksen presented the report. Total calls were steady at around 14,000, with a notable increase in downtown calls (nearly 4,000). Fire losses were under $2 million, below the national average. The department responded to 91 structure fires, with cooking and smoking as leading causes. EMS responses were under 60% of total calls, lower than national trends. Response times for fires (7:30 minutes) and EMS (8:45 minutes) exceeded goals. The department hired 16 new firefighters, promoted several officers, and hosted the Missouri Valley Fire Chiefs conference. Construction of Fire Station 8 is 55% complete, on schedule for August 2024 with only $40,000 in change orders.
• Resolution – Airport Facilities Revenue Bond: Rick Berg (Airport Authority) presented a request to adopt a resolution approving a $40 million revenue bond from the Bank of North Dakota (at 2% interest over 30 years) for a new parking ramp, part of a $197 million terminal expansion project. The city would pledge a deficiency tax levy in case of default. The ramp is expected to increase parking revenue from $7.3 million to $9.6 million annually. The commission unanimously approved the resolution and the fee and reimbursement agreement.

Key Outcomes

• Approved (5-0): Packet Digital, LLC 5-year, 100% property tax exemption (Motion by Piepkorn, second by Preston).
• Approved (5-0): Anvil Design and MFG 5-year, 100% property tax exemption (Motion by Preston, second by Piepkorn).
• Approved (5-0): Rheault Second Addition rezoning and plat (Motion by Kolpack, second by Piepkorn).
• Approved (5-0): First reading of rezoning ordinance for Rheault Second Addition (Motion by Kolpack, second by Piepkorn).
• Approved (5-0): Resolution approving Airport Facilities Revenue Bond, Series 2023, and fee and reimbursement agreement (Motion by Strand, second by Piepkorn).
• Approved (5-0): Tax abatement #4555 for 1710 1st Avenue South, reducing value from $193,500 to $95,000 (Motion by Kolpack, second by Preston).
• Denied (5-0): Tax abatement #4556 for 3723 21st Street South; staff determined the assessed value was supported by market data (Motion by Strand, second by Piepkorn).
• Approved (5-0): Six property tax exemptions for building improvements (5-year each) for properties at 66 Prairiewood Drive South, 218 27th Avenue North, 1806 Rose Creek Drive South, 203 8th Street South, 1442 19th Street South, and 4426 Carrie Rose Lane South (Motion by Kolpack, second by Piepkorn).
• Received: 25th Street Corridor Study and Fire Department Annual Report; no action required.
• Next Steps: Commissioner Strand noted that the Human Rights Commission unanimously passed a ceasefire resolution on February 16, 2024, and it is expected to be placed on the commission’s agenda in two weeks (likely March 5, 2024).
• Adjourned: 7:05 PM, to next regular meeting on March 5, 2024.