[PAGE 1] West Fargo City Commission Meeting Monday, April 5, 2021 Commission Chambers 5:30 PM The West Fargo City Commission met on Monday, April 5, 2021, at 5:30 pm. Those present were Commissioners Bernie Dardis, Eric Gjerdevig, Mark Simmons, Brad Olson, and Mandy George. President of the Board Bernie Dardis called the meeting to order at 5:30 PM. The Pledge of Allegiance was recited. Commissioner Olson moved and Commissioner Gjerdevig seconded to approve the order of the agenda as distributed. No opposition. Motion carried. Commissioner George moved and Commissioner Simmons seconded to approve the minutes of March 15,2021 as presented with an amendment made prior to the meeting by Commissioner Olson to add the detail of the motion that occurred in the Administrative Report under item C. No opposition. Motion carried. The Commission reviewed the Building Department Activity Report dated April 5, 2021 and Building Permits #210246-210330. Commissioner Olson moved and Commissioner George seconded to approve the Building Permits as presented. No opposition. Motion carried. Commissioner Simmons moved and Commissioner Gjerdevig seconded to approve the following items from the Consent Agenda: a. Bills (Pages 12-22) b. Final Plat Approval - Drei Sons 2nd Addition (Pages 23-28) c. Final Plat Approval of River's Bend at the Preserve 7th Addition (Pages 29-34) d. Gaming Site Authorization for Christine Volunteer Firefighters. Games to be conducted: Poker from 4-10-2021 to 4-11-2021 at the DoubleTree at 825 E Beaton (Page 35-36) e. Games of Chance for Tommy Pollock Poker Tournament Benefit. Games to be conducted: Poker on 5-2-2021 at DoubleTree at 825 E Beaton Dr (Page 37) f. Financial Dashboard as of February 28, 2021 (Pages 38-39) g. Verizon Wireless - 4015 4th Street W Water Tower Agreement (Pages 40-58) h. Appointment of Deputy Auditor: Tim Solberg, Assistant City Administrator (Page 59) I. Update Ordinances to Repeal Ordinance 1184 - Street Resealing Program Tim Solberg, Planning and Zoning Director appeared before Commission to hold the Public Hearing & 1st Reading - Zoning Ordinance Amendment to Sections 4-434 DMU: Downtown Mixed Use and 4-435 EMU: Entertainment Mixed Use District. Following discussion, Commissioner George moved and Commissioner Olson seconded to approve the 1st Reading - Zoning Ordinance Amendment to Sections 4-434 DMU: Downtown Mixed Use and 4-435 EMU: Entertainment Mixed Use District. Commission President Dardis opposed. Motion carried. [PAGE 2] West Fargo City Commission Meeting Monday, April 5, 2021 Commission Chambers 5:30 PM Lauren Orchard, Economic Development Director appeared before "the Commission to hold Public Hearings and Consider PILOT Applications for Health Care Campus Applicants, Health Care Group and Medical Group. Following discussion, these two items were taken as separate votes. Commissioner George moved and Commissioner Simmons seconded to approve the PILOT Applications for Health Care Campus Applicant, Health Care Group as long as they stay for Profit throughout the 10 year PILOT. No opposition. Motion carried. Commissioner Olson moved and Commissioner Simmons seconded to approve the PILOT Applications for Health Care Campus Applicant, Medical Group as long as they stay for Profit throughout the 10 year PILOT. No opposition. Motion carried. Lauren Orchard, Economic Development Director appeared before the Commission to consider the Economic Development Corporation Professional Services Agreement. Following discussion, Commissioner Gjerdevig moved and Commissioner Simmons seconded to approve the Economic Development Corporation Professional Services Agreement as well as increasing the annual fee from $15,000 to $25,000, contingent on Fargo paying $75,000. No opposition. Motion carried. Malachi Peterson, City Planner appeared before the Commission to hold the Second Reading for all proposed Ordinance Amendments (Proposed Amendments to Chapter 5: Buildings; Chapter 6: Fire Protection and Prevention; Chapter 7: Heating, Air Conditioning and Combustion Units. Following discussion, Commissioner Gjerdevig moved and Commissioner Olson seconded to direct staff to continue to work with Gate City Bank on the West Fargo Neighborhood Revitalization Program in partnership with Gate City Bank. No opposition. Motion carried. Commissioner Olson brought forward a COVID-19 discussion. He asked that his fellow Commissioners to encourage the public to continue to wear masks and get the vaccine. No action was needed. Commissioner Olson brought forward a discussion on requesting staff to work with Fairgrounds and FM Convention and Visitors Bureau. No action was needed. Matt Andvik, Public Works Director appeared before the Commission to approve a 3 year contract with Waste Management for City wide recycling. Following discussion, Commissioner Olson moved and Commissioner George seconded to approve a 3 year Contract with Waste Management for City wide recycling. No opposition. Motion carried. [PAGE 3] West Fargo City Commission Meeting Monday, AprilS, 2021 Commission Chambers 5:30 PM Matt Andvik, Public Works Director appeared before the Commission to approve the purchase of and ASL Truck and Tub grinder in 2021, approve the ordering of 2 SL trucks to be encumbered to the 2022 budget. Following discussion, Commissioner Simmons moved and Commissioner Gjerdevig seconded that the items be separated into two action items. These items would be 1) approve the ASL Truck and Tub grinder in 2021 and 2) approve the ordering of 2 SL trucks to be encumbered to the 2022 budget. Commissioner Simmons moved and Commissioner Gjerdevig seconded to approve purchase of and ASL Truck and Tub grinder in 2021. No opposition. Motion carried. Commissioner Simmons moved and Commissioner Olson seconded to delay the action of ordering of 2 SL trucks to be encumbered to the 2022 budget for two weeks. No opposition. Motion carried. Jerry Wallace, Assistant City Engineer and Andrew Wrucke, Assistant City Engineer appeared before the Commission for the Engineer's Report to give construction updates. No action was needed. Tina Fisk, City Administrator appeared before the Commission and provided the following for the City Administrator Report: A. Tuesday April 15th is the Board of Equalization Meeting B. Working on setting up the meeting with the Special Assessment Committee to look at the process that we currently use C. Residential/Commercial remodel will be going to the Economic Development Committee D. Dustin Scott, City Engineer is out for another week so he hasn't been able to look into the arterial road request made by the Commission E. Denis Otterness, Police Chief gave a Police Department update F. Matt Andvik, Public Works Director gave an update on the Lagoon Decommissioning process There were no correspondence. There was one non-agenda item brought up by Commissioner Olson in regards to the use of golf carts within City limits. Denis Otterness, Police Chief gave a brief update to the City ordinance in regards to motorized vehicles. [PAGE 4] West Fargo City Commission Meeting Monday, AprilS, 2021 Commission Chambers 5:30 PM Commissioner Olson moved and Commissioner Simmons moved that the City Commission goes into the Closed Executive session pursuant to ND.C.C. § 44-04-19.1 (9) and 44-04-19.2 for the City Commission to provide negotiation directions to City Staff and the City Attorney regarding the terms and conditions of offers to purchase the following legally described real property: (1) The West Seventy (70) feet of the North Fifteen (15) feet of Lot Eighteen (18) and the West Seventy (70) feet of Lots Nineteen (19) and Twenty (20), in Block Twenty-seven (27), of Sheyenne Addition to the City of West Fargo; (2) The West Seventy (70) feet of Lots Fifteen (15) and Sixteen (16) and the South Fifteen (15) feet of the West Seventy (70) feet of Lot Seventeen (17), in Block Twenty-seven (27) of Sheyenne First Addition to the City of West Fargo; (3) The North Thirty-five (35) feet of Lot Seventeen (17) and the South Thirty-five (35) feet of Lot Eighteen (18), in Block Twenty-seven (27), of Sheyenne Addition to the City of West Fargo; (4) The East Seventy (70) feet of Lots Fifteen (15) and Sixteen (16) and the East Seventy (70) feet of the South Fifteen (15) feet of Lot Seventeen (17) in Block Twenty seven (27), of Sheyenne Addition to the City of West Fargo; (5) The East Seventy (70) feet of Lots Nineteen (19) and Twenty (20) and the North Fifteen (15) feet of the East Seventy (70) feet of Lot Eighteen (18), in Block Twenty-seven (27), of Sheyenne Addition to the City of West Fargo at 7:49 PM. No opposition. Motion carried. Commission President Bernie Dardis reconvened the City Commission meeting at 8:29 PM, after the Executive Session was complete. John Shockley, City Attorney brought forth the proposed motion from the Executive Session. The proposed motion was to move forward with the offers done by the City appraiser, with the condition that all five property owners would have to accept the offer. Commissioner Gjerdevig moved and Commissioner Olson seconded to move forward with the proposed motion that John Shockley had presented. Commissioner President Dardis called for a roll call vote: Commissioner Gjerdevig -yes, Commissioner Simmons - no, Commission President Dardis - no, Commissioner Olson - yes, and Commissioner George - yes. The motion passed on a 3:2 vote. Commissioner Simmons moved and Commissioner Olson seconded to adjourn the meeting. No opposition. Meeting adjourned at 8:31 PM. Tina Fisk, City Administrator