Fargo City Commission Regular Meeting - March 18, 2024

The Fargo City Commission met on Monday, March 18, 2024, at 5:00 PM in the Commission Chambers. The meeting included a consent agenda, public comments, public hearings on several zoning and subdivision proposals, a PILOT application, presentations on the Growth Plan 2024, Sanford Ambulance’s annual review, and the Police Department’s 2023 annual report. Key votes included approving a controversial industrial-commercial development over neighborhood opposition and a property tax exemption for Border States Industries’ distribution center.

Consent Calendar

• Received and filed summons and complaint in David Herring vs. First Transit, Inc.
• Received and filed notice of appeal from Liquid Hospitality, LLC (Windbreak Saloon) regarding a liquor license decision.
• Directed the City Attorney to amend municipal code to define stream of service, clarify server training, and adjust age requirements for alcohol service.
• Directed the City Attorney to allow annual background checks on liquor licensees and require notification when managers change.
• Concurred with $500 fines for first liquor license violations at Royal Liquors and Pho D’licious (including additional $500 for untrained employees).
• Approved special improvement agreement with County 20 Storage & Transfer, Inc. for 46th Avenue Industrial Park Addition (BN-23-J1).
• Received and filed amendment to franchise agreement with Cass County Electric Cooperative for annexed area.
• Approved site authorizations for games of chance (Plains Art Museum at three locations) and applications for raffles (eight organizations).
• Approved developer agreements with ARD Properties, LLC and Storage Kings ND, LLC for Interstate Business District Addition.
• Approved right-of-way use agreement with EOLA Landholdings, LLC for 4470 24th Avenue South.
• Awarded bid to Roers Construction Company, LLC ($460,483.45) for Project SR-24-A1.
• Approved negative final balancing change order (-$128,978.24) for Improvement District BR-23-H1.
• Approved change order No. 3 ($35,632.37) and time extension for Improvement District BR-23-E1.
• Approved memorandum of offer to landowner for temporary construction easement with New Millennium Real Estate Partners, LLP.
• Awarded bid to Northern Improvement Co. ($2,430,023.07) for Improvement District BN-23-J1.
• Created Improvement Districts BN-23-G, BN-24-A, BR-24-F, NR-23-C, and PR-24-G.
• Approved contracts and bonds for Projects FM-24-A1, NR-24-B3, and Improvement District BR-24-C1.
• Approved lease-to-purchase agreements with CapFirst Equipment Finance, Inc. for copiers at Fire Station No. 1 and Public Safety Building.
• Approved change orders for Fire Station No. 8 (Nos. 10, 11 for $17,956; No. 2 for $3,443).
• Approved addendum to purchase of service agreement with Cass Human Service Zone.
• Approved out-of-grade pay for Hunter Hubrig (Emergency Prep Environmental Health Practitioner II) from 1/1/24 to 3/3/24.
• Approved piggyback purchase of 60 Panasonic Toughbook computers for Police Department through state contract.
• Set April 1, 2024, at 5:15 PM for public hearing on dangerous building at 1022 9th Avenue North.
• Directed City Attorney to amend Article 13-09 to define “inoperative”.
• Approved resolutions for plats of Autumn Fields Third Addition and Laverne’s Fourth Addition.
• Approved extension of unpaid leave for Wayne Hegseth through 5/31/24.
• Awarded fuel bid to Northdale Oil, Inc. for 3rd and 4th Quarters 2024.
• Approved lawn maintenance service agreements with Valley Green and Associates and JT Lawn Services.
• Approved temporary construction easement with Municipal Airport Authority.
• Rejected bids for Waste Water Treatment Plant Flood Protection Improvements (Project WW1707) and authorized rebid.
• Approved bills in the amount of $6,462,272.07.

Public Comments & Testimony

• Cody Schuler (ACLU of ND) urged the Commission to protect freedom of expression and keep public comment open, emphasizing the importance of hearing citizen concerns on all topics.
• Multiple speakers (Cale Bauer, Irma Fazlovic, Habiba Elbassiouny, Prairie Johnson, Mohamed Sanaullah, Crystal Dueker, and others) addressed the Israel-Hamas war. Most called for a ceasefire resolution, describing the situation in Gaza as genocide and criticizing U.S. funding of Israeli military operations. They argued the Commission should take a moral stand. Crystal Dueker countered that Hamas is responsible for the war, citing hostage-taking and use of human shields, and stated that negotiations for a ceasefire were ongoing in Doha. Testimony included personal accounts from a Bosnian genocide survivor and a local physician.

Discussion Items

44. PUBLIC HEARING – Plat of Meadow View Second Addition (6704-6794 Meadow View Drive South)

Staff presented a replat of 16 lots to 20 lots, widening the right-of-way from 70 to 74 feet to improve snow storage and on-street parking. Developer John Eunice said the goal is to create more affordable single-family homes ($275,000–$325,000). The Planning Commission recommended approval. Commissioner Strand asked about fire safety; Fire Chief confirmed 4-foot side yard setbacks are common. The motion passed unanimously (5-0).

45. PUBLIC HEARING – Interstate Business District Addition (4753 45th St N & 4269 40th Ave N) – Growth Plan Amendment, Zoning Change, and Plat

This controversial project (previously denied September 2023) proposes changing land use from residential/park to industrial/commercial and rezoning agricultural and limited industrial to limited industrial/general commercial with conditional overlays. Developer Trent Duda noted modifications: lot nine changed from LI to GC, added berm and trees, and removed concrete crushing. Opponents from Prairie Estates and Riley’s Acres presented petitions (265 residents polled, 54% oppose LI); cited potential 25% property value decrease, health concerns from fugitive dust, and inconsistency with the growth plan. Supporters argued the project is adequately buffered (closest LI lot ~968 feet from residences) and will generate significant tax revenue (estimated $875,000–$1.4M). Planning Commission recommended 7-0. After discussion, Commissioner Strand opposed, stating the city should be a good neighbor and that the project lacks alignment with the growth plan. The motion passed 4-1 (Strand nay). The first reading of the rezoning ordinance also passed 4-1.

46. PUBLIC HEARING – Plat of Alex’s First Addition (5080 38th St S)

A three-lot commercial subdivision on vacant land. No zone change proposed. Developer Tanner Brandt had no specific tenant plans. The motion passed unanimously.

47. PUBLIC HEARING – Border States Industries PILOT (Payment in Lieu of Tax Exemption)

Border States proposes a 350,000 sq ft distribution center (investment ~$46M) creating 60 jobs. They requested a 100% 10-year property tax exemption due to high special assessments on the site. Economic development officials noted competition from other locations. Staff recommended approval, scoring the project at 145. The Commission expressed concern about high special assessments but supported the project. Motion passed unanimously.

48. Presentation from czb, LLC on Growth Plan 2024 Progress

Pete Lombardi presented core concepts: “guide rails for yes” (by-right development), context-sensitive expectations via an urban-rural transect, a growth grid for greenfield areas, and growth centers for infill. A full draft will be released for stakeholder review in early April. No formal action taken.

49. Annual Review of F-M Ambulance (Sanford Ambulance)

Senior Director Tim Meyer reported 16,000 911 calls in Fargo in 2023, with average response times under six minutes for time-critical cases. Cardiac arrest survival rate exceeded national average (9.5% vs 9.3%). Fentanyl overdoses rising; paramedic recruitment remains challenging through a new paramedic academy. The report was received and filed.

50. 2023 Police Department Annual Report

Chief David Zibolski highlighted a 126% increase in fentanyl pill seizures (nearly 86,000 pills), 31 fatal overdoses (up 29%), yet violent crime and burglary decreased. Clearance rates improved. The department hired a civilian wellness coordinator and continues diversity recruitment. The report was received and filed.

Key Outcomes

• Approved (4-1) Interstate Business District Addition including growth plan amendment, zoning change, and plat (Commissioner Strand dissenting).
• Approved (5-0) Meadow View Second Addition plat.
• Approved (5-0) Alex’s First Addition plat.
• Approved (5-0) Border States Industries 10-year, 100% PILOT.
• Approved (5-0) all consent agenda items and other routine actions (fire station change orders, contracts, property tax exemptions for 12 properties, Board of Equalization date for April 9, 2024).
• Received and filed presentations on Growth Plan 2024, Sanford Ambulance annual review, and Police Department annual report.
• Set April 1, 2024, at 5:15 PM for dangerous building public hearing.
• Adjourned at 7:34 PM.