Board of City Commissioners - June 17, 2019 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., June 17, 2019.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.
The Mayor read a message with the following information: Ten Fargo firefighters travelled to Camp Courage to assist with Firefighter Day during the Muscular Dystrophy Association Camp; StreetsAlive! will take place on June 23rd and August 25th in Downtown Fargo-Moorhead; the Inspections Department and the Board of Appeals have completed reviews of the 2018 Building Codes to be implemented in August and September; some program highlights at the Library include: the Fargo History Hunt, the “Wonderful Works of Whimsy” art exhibit, a Movie Marathon, Red River Zoo animals visit, "Spruce Up Your Space,” “Ready, Set, Grow,” Free Friday Family Movies, Chess Club, Go Club, and the Library will have a booth at Tuesday’s Police Department Community Picnic; Industrial Park TapRide service will tentatively begin service on August 4th; the Special Assessments Taskforce will host public forums on June 18th at 5:30 p.m. at the FARGODOME and on June 20th at 5:30 p.m. in the Oak Room at Fargo Cass Public Health to gather citizen input. A video was shown that showcased May’s Employee Recognition event that recognized milestone anniversaries for 129 City employees.
Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved moving Item No. “26” from the Consent Agenda to the Regular Agenda.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on June 3, 2019 be approved as read.
Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Gehrig moved the Consent Agenda be approved as follows:
1. 1st reading of an Ordinance Amending Section 25-1506 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages.
2. 2nd reading and final adoption of the following Ordinances; 1st reading, 6/3/19:
a. Rezoning Certain Parcels of Land Lying in Fitzsimonds Addition to the City of Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in Huntington’s Addition to the City of Fargo, Cass County, North Dakota.
3. Applications for property tax exemptions for improvements made to buildings:
a. Hardy Family LP, 1817 7th Street South (4 year).
b. Ricky L. Engebretson, 809 Kennedy Court North (5 year).
c. Amy J. Hoepfner and Marilyn J. Lewis, 1506 6th Street South (5 year).
4. Renewal of Alcoholic Beverage Licenses and Live Entertainment Licenses until 6/30/20, contingent upon all essential requirements for renewal being met by 6/30/19.
5. General Fund – Budget to Actual through May 2019 (unaudited).
6. Site Authorizations for Games of Chance:
a. Special Olympics ND at Rooters Bar.
b. Prairie Public Broadcasting, Inc. at Peppers.
c. Jon Greenley Amvets Post #7 at Hi-Ho Burgers & Brews.
7. Applications for Games of Chance:
a. El Zagal Shrine – Provost Guard for a raffle from 5/31/19 to 9/5/19.
b. Haiti Eye Mission for a raffle on 8/5/19; Public Spirited Resolution.
c. River Keepers for a raffle on 8/19/19 (amended).
d. FM AM Rotary Club for a sports pool from 9/9/19 to 2/2/20.
e. Steve Weidner FM Junior Tour for a raffle board and calendar raffle from 7/1/19 to 6/30/20.
8. Amendment to the Art Wrap Agreement with the Downtown Community Partnership BID.
9. Release of Negative Access Easement.
10. Bid award to Dakota Underground Company in the amount of $2,282,453.00 for Project No. PR-19-C1.
11. Sole Source Procurement with AVI Systems Inc., in the amount of $501,104.46 for replacement of the FARGODOME arena public address sound system.
12. Purchase of Service Agreement with Fargo Public School District for nursing services in the 2019-2020 school year.
13. Submission of the CDBG and HOME Programs 2019 Action Plan and Budget, and Amendments to the 2018 Action Plan Activities and Budget/5-Year Consolidated Plan Activity to HUD.
14. Change Order No. 3 for a decrease of $9,801.00 for the Parking Facilities Restoration projects.
15. Task Order No. 21 with AE2S in the amount of $315,300.00 for Project No. WA1863.
16. Change Orders for Project No. SW16-03 Phase II:
a. No. 4 for an increase of $4,225.27 for the general contract.
b. No. 6 for an increase of $13,394.00 for the mechanical contract.
c. No. 7 for an increase of $5,019.00 for the mechanical contract.
d. No. 8 for an increase of $1,341.00 for the mechanical contract.
e. No. 9 for an increase of $1,778.00 for the mechanical contract.
f. No. 4 for an increase of $1,075.00 for the electrical contract.
g. No. 5 for an increase of $2,395.00 for the electrical contract.
17. Contract and bond for Project No. WA 1862.
18. Bid award to Northern Truck Equipment in the amount of $205,855.00 for one automated side loader refuse truck (RFP19086).
19. Bills in the amount of $5,085,162.05.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Commissioner Gehrig moved comments on a Forum editorial on Fargo’s safety and an update by the City Attorney on Opioid Litigation be added to the end of the Regular Agenda.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract Amendment No. 2 for Improvement District No. BN-19-A3 Approved:
Commissioner Gehrig moved Contract Amendment No. 2 in the amount of $33,042.00 for Improvement District No. BN-19-A3 be approved.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order Nos. 1-7 for Improvement District No. BN-19-A2 Approved:
Commissioner Gehrig moved the Change Orders for Improvement District No. BN-19-A2 be approved as follows:
No. 1 for an increase of $0.00.
No. 2 for an increase of $0.00.
No. 3 for an increase of $5,255.00.
No. 4 for an increase of $1,320.00.
No. 5 for an increase of $15,101.89.
No. 6 for an increase of $13,647.00.
No. 7 for an increase of $0.00.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 4 for Improvement District No. BN-18-K1 Approved:
Commissioner Gehrig moved Change Order No. 4 for an increase of $4,905.00 for Improvement District No. BN-18-K1 be approved.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 4 for Improvement District No. BR-18-E1 Approved:
Commissioner Gehrig moved Change Order No. 4 for an increase of $368.08 for Improvement District No. BR-18-E1 be approved.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Final Balancing Change Order No. 2 for Improvement District No. BN-18-B1 Approved:
Commissioner Gehrig moved Final Balancing Change Order No. 2 for an increase of $8,161.81 for Improvement District No. BN-18-B1 be approved.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Final Balancing Change Order No. 3 for Improvement District No. BN-18-J1 Approved:
Commissioner Gehrig moved Final Balancing Change Order No. 3 for an increase of $784.87 for Improvement District No. BN-18-J1 be approved.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Selection of Alternative B1 with Option B for the Design of 64th Avenue South (Improvement District PN-19-A1):
This item was moved to the Regular Agenda.
No Protests Received for Street Lighting and Incidentals Improvement District No. SL-19-B1:
The Statutory Resolution of Necessity for the construction of Street Lighting and Incidentals Improvement District No. SL-19-B1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 13 and 20, 2019 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of Street Lighting and Incidentals Improvement District No. SL-19-B1.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Bids Received for Street Lighting and Incidentals Improvement District No. SL-19-B1:
The bids for Street Lighting and Incidentals Improvement District No. SL-19-B1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., June 12, 2019 and the bids were found to be as follows:
Strata Corporation Grand Forks, ND
Bid: $747,390.75
Sun Electric, Inc. Fargo, ND
Bid: $785,540.75
Moorhead Electric, Inc. Fargo, ND
Bid: $850,995.55
Scott’s Electric, Inc. Wahpeton, ND
Bid: $881,248.15
Contract for Street Lighting and Incidentals Improvement District No. SL-19-B1 Awarded to Strata Corporation in the Amount of $747,390.75:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Street Lighting and Incidentals Improvement District No. SL-19-B1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received June 12, 2019 for Street Lighting and Incidentals Improvement District No. SL-19-B1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Lighting and Incidentals Improvement District No. SL-19-B1 shows the bid of Strata Corporation of Grand Forks, North Dakota, in the sum of $747,390.75 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Strata Corporation in the sum of $747,390.75 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Street Lighting and Incidentals Improvement District No. SL-19-B1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Strata Corporation for the sum of $747,390.75, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
David Obermiller Reappointed to the Board of Appeals:
The Board received a communication from Mayor Mahoney recommending that David Obermiller be reappointed to the Board of Appeals.
Commissioner Piepkorn moved David Obermiller be reappointed to the Board of Appeals for a five-year term ending June 30, 2024.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Reappointments to the Native American Commission:
The Board received a communication from Mayor Mahoney recommending that Anna Johnson and Lenore King be reappointed to the Native American Commission.
Commissioner Piepkorn moved Anna Johnson and Lenore King be reappointed to the Native American Commission for three-year terms ending June 30, 2022.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Reappointments to the Planning Commission:
The Board received a communication from Mayor Mahoney recommending that John Gunkelman, Melissa Sobolik and Scott Stofferahn be reappointed to the Planning Commission.
Commissioner Piepkorn moved John Gunkelman, Melissa Sobolik and Scott Stofferahn be reappointed to the Planning Commission for three-year terms ending June 30, 2022.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
John Cosgriff Appointed to the Tax Exempt Review Committee:
The Board received a communication from Mayor Mahoney stating the Tax Exempt Review Committee is made up of the Mayor, the City Administrator, the Finance Director, the Finance Commissioner and three members of the business community. Other advisory members, he said, are the City Assessor, City Attorney, the Director of Strategic Planning and Research, the President of the Greater Fargo Moorhead Economic Development Corporation and representatives of the Fargo Public Schools, West Fargo Public Schools and Cass County. The three business representatives have been Jim Buus, Charles Hoge and Jessica Ebeling; however, Mr. Hoge has recently resigned from the Committee. He said he is recommending the appointment of John Cosgriff as a voting member of the Tax Exempt Review Committee to replace Mr. Hoge.
Commissioner Piepkorn moved John Cosgriff be appointed as a voting member of the Tax Exempt Review Committee.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Bishop Land Design’s Proposal for Site and Landscape Design Services for the Civic Plaza and the Request for Solicitation of a Construction Manager at Risk Through a Request for Qualifications Approved:
The Board received a communication from Nicole Crutchfield stating the City must fulfill a requirement to place the refurbished “Sodbuster” sculpture at the Civic Plaza by the Fall of 2019 to satisfy the obligation of a grant from the Institute of Museum and Library Services. Part of Bishop Land Design’s (BLD) planning process for the Civic Plaza was to build consensus among stakeholders, strategize and create a timeline to accomplish the installation of “Sodbuster,” she stated. Moving forward, she said, the City Commission needs to consider hiring BLD professional and technical services for site and landscape design and coordination of consultant work pertaining to schematic design, design development, construction documents and administration, including the placement of the sculpture, and solicit a Construction Manager at Risk (CM) through a Request for Qualifications. She said the estimated cost for the Area 1 phase of the work ranges between $1 million and $1.5 million. Also, she stated, if City Commission approval is granted, staff will return at the end of July 2019 with firm contract estimates, along with the recommendation for a contractor.
Scott Bishop, Bishop Land Design, said every project is distinctive and each design solution reflects the historical, cultural and ecological context of the site and evolves from a clear understanding of the goals and objectives of the client group. The vision for the Civic Plaza is a public open space that will provide an invaluable resource for the City as a shared civic venue, he said, impact the everyday experience for residents, and contribute to a vibrant and engaging downtown environment. At the same time, he said, the Plaza strives to establish a clear landscape link between Downtown Fargo, the Red River and the City of Moorhead. He said the project will require a bold, innovative and integrated vision that blends the diverse interests of a variety of stakeholders to create a memorable open space and destination. He shared a PowerPoint presentation reviewing the materiality, programs/activities, amenities, landscape character, cost comparisons and next steps and he explained how community input was synthesized into the overall plaza design. He said it is important the design includes plans for scale ranging from small to extra large events and program flexibility, both planned and emergent and amenities need to be considered and built in for different types programs. The space is nearly 300,000 square feet, he said, which is large enough to allow various softscape and hardscape landscape character. To give an idea of cost, he said, having only lawn would cost $3 million, asphalt only would be about $4 million, all concrete would cost $5 million and all stone would cost about $33 million; showing that as material quality is escalated, so is cost. The overall plaza design is not finished, he said, and one consideration is that there is nine feet of grade difference to accommodate in the overall design. As far as the Area 1 Sodbuster landscape and the grade differentials, he said, a path can be tied into the current Library ramp to satisfy both ADA requirements and the grant and later on it can tie into the higher levels of the plaza. Some of the requests made by the Library such as a café terrace and event area can be integrated, he said, and the lawn and landscape design includes prairie and riparian forest grove and natural plants, lawn and seating. This initial first phase starts to reflect the quality of the work and concept for the rest of the area and the timeline is critical. He said it is at the step for technical documentation to be authorized and construction manager information needs to go out quickly.
In response to a question from Commissioner Piepkorn about whether the plan is for more phases after the Sodbuster section, Mr. Bishop said there may be an opportunity for phases and the actual design work may break up after a certain point; however, it is flexible enough to work either way. He said there may be an economic or budgetary flag that may direct those next steps and the concept for the plaza will help establish the visual characteristics. The next phase of schematic design helps establish the cost or real budget, he said.
Commissioner Piepkorn said the design in front of the Library is a great idea and the plaza area there will be very popular.
In response to a question from Commissioner Gehrig regarding whether plans for the Area 1 “Sodbuster” landscape would influence the southeast corner of the plaza, Mr. Bishop said it would not. He said part of his work in the concept design shows that area as both a development area and as an open space. A question he will bring to the Board will be where the Board wants to see that area go, he said, and based on current discussions, it seems the Performing Arts Center will go where the Civic Center is, which opens that area to other opportunities.
Commissioner Gehrig said he approves of going in that direction and he sees that as a fantastic opportunity for a business. He said that would be private investment and fit in and the City would not have to spend money, which is the direction he would like to see.
Mr. Bishop said once he is able to show what the plaza looks like, he will want direction from the Board. He said interest may be stirred up for that area for private development and his firm could show the Board where that building footprint can best be located for private development.
In response to a question from Commissioner Strand on the budgeting process for the request, Ms. Crutchfield said a capital project line item is set aside and as the renewal plan and other components are reviewed, some costs could be offset as a future discussion; however, as of now there is that line item set aside.
Commissioner Piepkorn moved the site and landscape design services with Bishop Land Design, LLC in the amount of $272,300.00, and the solicitation of a Construction Manager at Risk through a request for qualifications be approved.
Second by Strand. On call of the roll Commissioners Piepkorn, Strand, Gehrig, Grindberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on a Petition for a Zoning Change in Timber Parkway Third Addition Continued to July 1, 2019 (4801 and 5081 Timber Parkway South):
A Hearing had been set for June 3, 2019 on a petition for a zoning change to repeal and re-establish a C-O, Conditional Overlay in Timber Parkway Third Addition.
At the June 3, 2019 meeting, the Hearing was continued to this day and hour; however, the applicant has requested that the Hearing be continued to July 1, 2019.
Commissioner Gehrig moved the Hearing be continued to 5:15 o’clock p.m. on Monday, July 1, 2019.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Selection of Alternative B1 with Option B for the Design of 64th Avenue South Approved (Improvement District No. PN-19-A1) (Moved from the Consent Agenda):
The Board received a communication from the Public Works Projects Evaluation Committee stating the Engineering Department recommends selection of Alternative B1 with Option B for Improvement District PN-19-A1, which is a 3-lane roadway with 10 foot shared use path on both sides of the avenue and a 4-span bridge crossing over I-29 using lightweight fill (geoform).
Transportation Division Engineer Jeremy Gorden gave an overview of the project background. Following a decision, he said, the environmental document will be submitted for final approval to the NDDOT and Federal Highway Administration. The bridge over I-29 is part of the long range transportation plan and a local project using federal dollars, he said, and the project would be done over two years with the estimated cost for Alternative B1 with Option B, at $27,067,392.00. The other options are a 3-lane section with bike lanes costing $29.1 million, he said, or a 3-lane section with a cycle track at $29.9 million. He said a cycle track option differs at the intersections where bikes are given more priority where they cross the street. He said the plan is to design the bridge to accommodate a future interchange with minimal structure rework so it can be widened in the future if a decision is made to add ramps for a full interchange. He said funding would be $10 million Federal funds, $10-12 million special assessed and the balance from City sales tax funds. The next steps are to complete the final design, he said, and the NDDOT will bid the project in April 2020. He said construction will begin in May 2020 for the east side and bridge embankment, and finish in October 2021 for structural bridgework and the west side.
In response to a question from Commissioner Grindberg about the next steps for a future interchange, Mr. Gorden said there will be grant applications in the fall and spring with both MetroCOG and NDDOT.
Commissioner Grindberg said he sees a future interchange as part of the plan and it should be included as a next step.
Commissioner Piepkorn said there have been comments and concerns about sprawl; however, part of the job of the Commission is to prepare for the future. He said to go back after the growth starts and put in a corridor would cost a fortune. To prepare and have these arterials in place far ahead of the growth is part of the job, he said.
Commissioner Gehrig said public safety is important and there will be a fire station that far south at some point. He said it is important for firefighters to be able to cross the interstate at 64th Avenue rather than go all the way to 52nd and come back around.
In response to a question from Mayor Mahoney about whether this project takes anything from rehab specials or the CIP budget, Mr. Gorden said this is a two-year project, so $10 million estimated sales tax per year would take about $5 million for this and leave about $5 million for in-town and water main replacements. This is a section line road, he said, and part of the mesh of the transportation system and while it seems on the edge of town, the federal funds for the bridge are very important.
In response to a question from Commissioner Strand asking how decisions are made when it comes to doing an interchange and how this fits in, Mr. Gorden said the DOT likes interchanges every two miles; not to say they cannot be done every mile. Such projects are expensive and require a year-by-year roadmap for where the money will be put and where the needs are as time progresses. Funds have been swapped between 64th Avenue and 52nd Avenue due to more pressing needs on 52nd Avenue, he stated.
Commissioner Grindberg said he had conversations with the NDDOT to educate himself on the matter-of-fact approach versus the practical ways of doing things here at the City and he learned the decision process was elevated to a higher level for the 9th Street overpass in West Fargo. He said while the funding was not there, the State committed to build the overpass and the City of West Fargo committed to fund the interchange and was reimbursed through state and federal funding. He said there is a way, whether necessity and Interstate justification, to work beyond local and state to the federal level and warranting a decision in such a growth area. He said in the last 10 to 15 years, 9th Street and Veteran’s built out because it is on high ground and the decision to accelerate the overpass could be justified. Fargo will experience the same thing as the areas of 64th and 52nd Avenues become more dense, he said and from the taxpayer’s perspective, it seems to be prudent to look down the road two or three years and capture this now versus assuming it in 10 or 15 years. He said in his opinion, it is going to happen.
Commissioner Strand said there have been questions on the justification of projects like this and the economic impact and growth. He said there is federal funding that may not be available later if not acted on.
Mr. Gorden said from a road perspective, this is how the City has been doing business and perhaps a bigger question is what is the cost of expanding the footprint of the City.
Mayor Mahoney said one question is how fast the area will fill in. The area around Davies High School is taking 10 years, he said; however, looking east to west, this looks like the next section that will fill in, probably faster than expected. If Fargo’s growth continues at 2% per year, that area will grow; however, if that flattens out, that will slow it down. He said
Commissioner Gehrig makes a very good point that an east-west connection is important. He said fire rates could increase if the Fire Department cannot reach a home within a certain amount of time.
Commissioner Grindberg moved the selection of Alternative B1 with Option B for the design of 64th Avenue South (Improvement District No. PN-19-A1) be approved.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Discussion on Safety in Fargo:
Mayor Mahoney said he asked that this item be added to the agenda to allow discussion in response to a recent newspaper editorial about Fargo’s safety. He said Downtown is a vibrant core and regional epicenter for arts, entertainment and commerce. He said the safety of residents and visitors in every area of the City is the highest priority. Instances of tragic crimes recently, which, while rare, are jolting the close-knit metro, he said, and he would like to wholeheartedly reiterate that Fargo is safe. He said he has visited many downtowns across America and has seen the deterioration of the cores of those cities, and he will not let those things happen to Fargo. He said he is proud of the diligent work of the Fargo Police Department, which is devoted to protecting and serving Fargo. Officer presence and foot patrols in the Downtown will be increased and the core of their duty will be building relationships and deterring poor behavior.
Police Chief David Todd said the Police Department continues to actively investigate the June 7th homicide of Jay Halvorson that occurred at 6th Avenue and 4th Street North. He said individuals were arrested for that crime and it appears that a negative verbal interaction took place between Mr. Halvorson and the two suspects prior to the shooting. More foot patrols will be incorporated Downtown for visibility and for person-to-person contact, he said, and a Justice Assistance Grant (JAG) has been used to put extra officers on the street at the time of downtown bar closings. There have been some panhandling stings, he said, with more scheduled, plus a program has been started for offenders to work off fines and to get people into services and toward housing. He said they work with the Downtown Community Partnership (DCP) for programming of safer events, and Commissioners are on the Liquor Control Board, which tries to address issues with license holders as they come up. The DCP and Business Improvement District (BID) are leaders Downtown, he said, and the Downtown Safety Committee formed has representatives from every block of Broadway from Main to 6th Avenue North and representatives from outlying zones. Also included, he said, is the Police Department, the FM Homeless Coalition, NDSU Student Body President and Downtown residents.
DCP President Melissa Rademacher said cooperation, partnerships and the vigilance of all parties is vital to a safe community. The heart of the city is Downtown, she said, and the collaboration and partnership is so important between the BID, the DCP and the Police Department. The DCP’s Safety Committee consists of 12 to 15 members, she said, and includes the PD, BID, DCP, mobile detox and a variety of residents and businesses.
Chris Schlepp, Operating Manager for BID, said BID works hand-in-hand with the Police Department, mobile outreach and community leaders to make sure Downtown Fargo is safe.
He said a Safety Ambassador works Thursday through Saturday evenings and they are there to serve as another set of eyes for the community and PD. He said from the BID’s perspective, Downtown is safe.
Mayor Mahoney said liquor licenses are a privilege, not a right. He said the Liquor Control Board is tasked with not only issuing new licenses, but also with ensuring current license holders meet requirements to retain their licenses. A handful of businesses consume a large amount of time and effort for law enforcement, he said, and he will ask the Liquor Control Board to schedule public meetings with these license holders to formulate a plan of action for improvement. He said the City has the right to suspend and potentially revoke liquor licenses if improvements are not seen. In addition, he said, the City offers programs such as the Neighborhood Revitalization Initiative to rehabilitate homes and is always looking for more community partners in this venture. Interest rates offered by the private lenders were close to those offered by the program, he said, thus not all funds were expended. He said other ways to improve the neighborhoods will be examined and he encouraged citizens to share ideas with staff and Commissioners. He said the Kilbourne Group has been working to redevelop the Sahr’s Sudden Service property at 6th Avenue and 4th Street North and plan to demolish that site this fall to make way for future development in that space. He said Fargo has demonstrated a financial commitment to residents and public safety employees. He said the Board recently implemented recommendations of a public safety salary analysis to ensure the Fargo Police and the Fargo Fire employees are compensated properly to the level of work expected of them. In addition to streamlining police operations with the unified new Police headquarters, he said, there will be a storefront presence of the PD Downtown. Lastly, he said, the question has been raised as to what the community wants and there is work underway with department heads to assemble a budget. He said he hears comments about the desire to lower property taxes, and while it is a good goal, he said, he would like to put things into perspective when it comes to mill levies in Fargo. He said the City, through its Home Rule Charter, has the ability to tax up to 64 mills and is at 51 mills. The mill levy has been reduced by 7.25 mills in the past seven years, he said, limiting the impact and ability to hire additional employees to serve a growing city. One mill in the City of Fargo is $562,000.00, he said, so if the tax level were reduced by one mill on a $250,000.00 home, the property tax reduction would be $10.69. If raised by one mill, he said, the revenue could fund seven additional police officers. These are significant facts for residents to consider when there are community conversations on how to protect residents and he would encourage citizens to let the City know how they feel, and what they would like to see done to make them feel safe. It costs money to do any of these things, he said, and the Board will continue to do what is necessary to keep the city safe.
Commissioner Strand said on a personal note, he and many others worked with Jay Halvorson in the food truck program. His fingerprints, influence and passion are so much reflected in the food truck program, he said, and the community is heartbroken over this tragedy. Fargo does its best to be a safe city, he said, and it is unfortunate there is such a gun culture; however, those are other things to address going forward.
Commissioner Grindberg said he feels the remarks tonight are spot on. He said he recently had a conversation with some Police Officers and on the topic of safety, the Place of Last Drink discussions with leadership downtown were brought up. An interesting observation made was that there may be more impact if off-sale was restricted after 10:00 or 10:30 at night, he said, due to late night being when problems are seen with massive quantities of off-sale alcohol being purchased. He said he would suggest the Liquor Control Board take a look at that.
Opioid Litigation Update:
City Attorney Erik Johnson said there have been hundreds of lawsuits filed against opioid manufacturers and distributors over the last couple of years, some brought by cities, some by counties and some by states. He shared the following information:
• Cities, counties and states have filed lawsuits against manufacturers and distributors of opioids. Typically, the principal named-defendant is Purdue Pharma and related entities. Some lawsuits name as many as 30 corporate defendants.
• Federal courts have authority to assist in the administration of mass litigation cases such as this, referred to as "multi-district litigation" or "MDL." The opioid cases have been brought into an MDL venue in Federal District Court in northern Ohio, with Judge Dan A. Polster, presiding over the MDL. Judge Polster does not try the actual cases; but he does have authority to address certain issues such as discovery, scheduling, settlement discussions and the like.
• The opioid lawsuit brought by the State of Oklahoma was one of the first cases within the MDL to go to trial and trial commenced at the end of May with some defendants settling with the state. Settlements from that lawsuit included a $270 million settlement with Purdue Pharma and an $85 million settlement with TEVA Pharmaceutical.
• The State of North Dakota, represented by the North Dakota Attorney General's Office, filed a lawsuit in Burleigh County District Court in May 2018 against Purdue Pharma related companies, and against 100 "John Doe" defendants. Recently, Burleigh County District Court Judge James Hill issued an order dismissing the lawsuit. This dismissal is subject to the right of appeal by the State and the State intends to appeal the decision to the North Dakota Supreme Court.
• On June 14th, the plaintiffs' MDL Executive Committee filed a motion proposing an omnibus settlement structure and process and proposed a June 25th hearing before Judge Polster on the motion. The court-appointed plaintiffs' co-lead, liaison and Executive Committee counsel are seeking to develop an approach for negotiating and potentially settling with the defendants conducting nationwide opioids manufacturing, sales or distribution. Being proposed is a voting arrangement that would include all county and municipal entities in the United States. It is also probable that one or more defendants will seek to resolve the opioid litigation by a settlement offer to one or more states, and the cities and counties within those states.
Mr. Johnson said cities and counties throughout the country and within North Dakota have been approached by various law firms and law firm consortiums represented by the MDL. Fargo has chosen to align with the State and Attorney General’s office in pursuing that, he said; however, it is hard to ignore the recent decision by the District Court in terms of analysis and it is likely the Board will want to consider what the options are.
Commissioner Strand said when first approached by representatives of legal firms, his initial reaction was that being litigious was out of the realm of public advocacy and leadership. However, he said, since being at the table with the Health Department and dealing with the opioid issues, he has had his eyes opened as to how egregious the actions of opioid manufacturers and distributors have been and how damaging the impacts are to people. He said he thinks the City needs to join up with others to correct this wrong, much like the tobacco lawsuit. He would defer to leadership and legal counsel whether to stay with the State, explore or join with other cities, he said. The industry does not deserve a pass for their actions, he said, and thousands of people are being affected by the opioid epidemic and the message needs to be loud and clear.
Mayor Mahoney suggested Mr. Johnson visit with the Attorney General regarding the process going forward, how it is going to happen and whether there is a need to engage a legal firm.
Mr. Johnson said he will work with the Mayor to figure out an approach for going forward with the decision making process and will bring it back to the Board if there are any changes.
Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Monday, July 1, 2019.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:19 o’clock p.m.