City Commission - Regular Meeting

Good evening, ladies and gentlemen, and welcome to the West Fargo City Commission meeting for December 15, 2025. Before we begin the meeting, I'd ask respectfully that you all silence your cell phones with the exception of emergency personnel in the room. Madam Secretary, would you please call the role? Commissioner Anderson, here. Commissioner Olsen, here. Commissioner Dardis, here. Commissioner Sundell, here. Commissioner Jorgensson here. Let the record show all commissioners are president. Commissioner Zundal is via Zoom. Yep. Please join the commission in a pledge of allegiance.

I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. First order of business is to approve the order of the agenda before you and has been distributed. Approve a motion by Commissioner Jorgensson to approve and a second by Commissioner Anderson. Is there any discussion? Hearing none, all those in favor, please signify by saying I. I. I. I.

Opposed. Motion carried. Next order of business is item E, approval of the minutes of December 1st, 2025. Again, it has been distributed and in your packets. Move to approve. Commissioner Olsen moves to approve. Is there a second? Second. Commissioner Anderson seconds. We have a motion and a second to approve the minutes of December 1st, 2025 as distributed. Is there any discussion? Hearing none. All those in favor, please signify by saying I. I. I opposed. Motion carried. Item F is the building permits. Commissioner Jorgensson.

I would like to recuse myself from this vote. Thank you, sir. Commissioner Jorgensson is excused from the vote on the building permits. Conflict. Move to approve. Commissioner Olsen moves to approve the building permits as distributed. Is there a second? Second. Commissioner Anderson seconds. We have a motion and a second to approve the building permits. Is there any discussion? Hearing none. All those in favor, please signify by saying I. I. I. I. Opposed. Motion carried. We move on to the consent agenda. On the consent agenda this evening, we have items A through G. Move to approve.

Commissioner Anderson moves to approve the consent agenda, items A through G. Is there a second? Second. Commissioner Jorgensson. seconds. We have a motion and a second. Is there any discussion? Hearing none. All those in favor, please signify by saying I. I. Opposed. Motion carried. We now move into the regular agenda. Madam Secretary, is there any members of the community signed up for public comment? I do not have anyone.

Thank you. We move on to item number two. Item number two is public hearings. We have two. The first one will be the public hearing of first reading of the flood plane management ordinance amendment. We call on Jerry Wallace, city engineer for the city of West Fargo. This discussion is to approve the first reading of an amended flood plan management ordinance. Mr. Wallace, good evening and welcome.

Thank you, Mr. Commission President and Commissioners. Uh just briefly, uh recently this year, uh Senate Bill, North Dakota Senate Bill 2027, uh was implemented in August. Um, essentially that uh required statutory changes that uh uh cities uh local jurisdictions need to make to their flood plane ordinances. Um, so essentially um I'm just here before you tonight uh to approve the first reading of our amendment to our flood plane management ordinance. Um, as everybody knows, we participate in the National Flood Insurance Program. Uh, we obviously want to maintain good standing with that, good standing with state statute. Um, included in our our packet here tonight, uh, we have ordinance number 1267, which be which would be our our amendment to our flood plane management ordinance. Um, with that, staff recommend approving the first reading of the amended flood plane management ordinance. And we are available for any questions you may have.

Thank you, Mr. Wallace. Commissioners, any questions?

Okay. Thank you. This is a public hearing. So we are now out of the regular agenda and we go into the public hearing on this item. This again this is to approve the first read reading of the amended flood and plane management ordinance. Is there anyone here in the room that would like to speak against this ordinance change? Is there anyone that would like to speak against this ordinance change? Is there anyone that would like to speak against the approval of the first reading of the amended floodplate management ordinance as presented? Hearing none, is there anyone that would like to speak in favor of this? Is there anyone that would like to speak in favor? Is there anyone that would like to speak in favor? Hearing none, the public hearing for 2A is now closed. Commissioners

move to approve first reading. Commissioner Anderson moves to approve the first reading of the amended flood plane management ordinance. Is there a second? Second. Commissioner Jorgensson seconds. We have a motion and a second. Is there any discussion? Hearing none. All those in favor, please signify by saying I. I. I. Opposed. Motion carried. Thank you, Mr. Wallace. Item B. Uh 2B is the ordinance number 1266 regarding the municipal judge Dustin Scott, city administrator, will be presenting the public hearing and consideration of the first reading. Mr. Scott, good evening and welcome.

Good evening. Thank you, Commissioner President Dartis and commissioners. I was able to work with city attorney, Miss Katie Schmidt, uh to prepare this draft ordinance relating to the municipal judge. Now, the ordinance updates and reorganizes the city's municipal judge provisions to ensure alignment with state law and modern practices. It clarifies residency requirements for the elected judge while allowing the commission flexibility to appoint qualified non-resident alternatives when needed. It also updates judicial duties, reporting requirements, and court convening provisions. Copy of the ordinance of the draft ordinance is in your packet for consideration. And with that, I will stand for any questions you have.

Any questions for Mr. Scott? Thank you.

Thank you. Again, this is a public hearing. we go into uh the public hearing and the purpose of the discussion is the consideration of the first reading for the uh amended ordinance of 1266. Is there anyone that would like to speak in favor of this? Is there anyone that would like to speak in favor of ordinance number 1266? Is there anyone that would like to speak in favor? Hearing none, we move on. Is there anyone that would like to speak against ordinance 1266?

Question for the commission president. Please step to the microphone. Good afternoon. I'm uh Trent Vargas. I'm the municipal judge. Um I don't really have a I I don't want to give or uh in in the in affirmative or the negative. I would just offer neutral testimony. Please continue.

So, uh, and I, this was originally my idea to update the changes because there was a change at the state legislature to clarify, uh, the residency requirement and give cities such as West Fargo, but throughout the state, um, more flexibility when it comes to, uh, who they appoint or who they can elect as their municipal judge. My biggest concern with the current draft as listed, especially for the community of West Fargo, is the residency of days requirement. Uh my concern when I look at this overall. Um your primary target of who you're going to get for a municipal judge is probably falls in two buckets. One is a part-time attorney who has the flexibility to come in and be the municipal judge. The other is basically a semi-retired attorney who is uh older than your average um you know population that can add that flexibility into that. That's where I think my concerns lie as written. I think I approve with everything else. I do like the uh uh everything else within the ordinance. My one true concern is about the 210day requirement, how you're going to enforce that. uh and um you know how that's going to affect my successor at some point. Um attorneys and you know wellto-do people which most attorneys fall into the bucket do have lake cabin. So that retired um that semi-retired attorney uh is likely going to have a lake cabin. How are they going to balance that by the way of the uh wording as currently placed? My specific concern uh you know for myself is I'm on I'm in the military. Uh I've had a pretty light year as far as days that I spend in a hotel for not only military but

business. Uh and my count right now is at uh I'm at about 80 for one hotel chain. I'd have to add up any other hotels, but I primarily stay at one. So you're going to have issues with whoever comes into that on how they enforce that. Uh, so that is my concern with it as drafted and I'll stand for any questions that the commission has. Any questions for Mr. Barkcus? M. Would you like to make any comments about the that enforcement of that or the flexibility that the city might have?

Sure. So, just where the days come from. Um, in North Dakota, you know, there's a primary residency tax credit and so this is the test that the state uses to determine what that is. So that's where the 210 days come from. Um and it would be counted in this is the primary residence but there is some flexibility in terms of of where it is and then the dis the board has the discretion to appoint an alternate judge if someone is gone. Someone can still fill the role and then you have an alternative who can step in if that person is is absent. Thank you.

Anything else Mr. Marcus? Uh the only other point of clarity is I believe that the statute prior still had the ability to uh have alternate judges throughout the jurisdiction. So our current alternate judge um uh Judge Phillips is a Fargo resident just like I am a an alternate in Fargo that you already have that ability. Uh just to give that point of clarity. Thank you. Any questions for Mr. Barkcus? Thank you sir. Thank you, Mr. Scott. Anything else would you like to add? Nope. Nothing to add. I appreciate M. Schmidt's response.

Again, this ordinance 1266, this is an actionable item. Uh, is there anyone else that would like to speak in uh in against this 1266 ordinance regarding minunicipal judge? Anyone else that would like to speak against? Okay. Public hearing is closed. Commissioners, I have a question. Please, Commissioner Olson. Uh, where our city attorney. So, on the topic of being out of town on, you know, required for military or business or whatever. We really wouldn't count that against anybody, would we?

No. We drafted it with enough discretion where you may declare that there would be a vacancy in the position, but you don't necessarily have to. Okay. Yep. Thank you. Anyone else? What's your pleasure? Commissioners want to move to approve first reading. Commissioner Anderson moves to approve first reading of ordinance number 1266 regarding the municipal judge. Is there a second? Second. Commissioner Jorgensson seconds. We have a motion and a second. Is there any discussion? Hearing none. All those in favor, please signify by saying I. I

opposed. Opposed motion carried. Thank you, Mr. Scott. Item number three is contract with the city of bus for 2026 transit service. A request for a contract approval is going to be presented this evening by Mr. Aaron Nelson, director of planning and zoning for the city of West Fargo. Good evening, Mr. Nelson, and welcome.

Thank you and good afternoon, President Tardis and commissioners. So item three is the renewal of the city's annual transit agreement with Fargo Map Bus for services in 2026. MP bus provides contract services to the city of West Fargo. Uh in accordance with this annual mass transit agreement which includes portions of two fixed route um transit routes as well as paratransit services within the city. Uh no changes are being made to transit service at this time and funding for the current level of transit service was included in the city's 2026 budget. Uh the recommended action tonight is to approve the 2026 mass transit agreement included in your meeting packet. Um with that, I'm certainly happy to answer any questions you have for staff. Um the last thing I'll mention too is that with me tonight is Cole Swingen, assistant transit director with the city of Fargo, Matt Bus, and I believe Cole would like to say a few words to um uh prior to you guys to take action tonight. So with that, I'll hand it off to Cole.

Thank you, M. Good evening and welcome.

Thank you. Uh thank you, Mr. your commission president and commission members um for an opportunity to speak with you tonight. I'd just like to provide a brief update as to wrership information for 2025 in West Fargo and then also some updates in terms of the West Fargo routes and services going forward looking at the 2027 budget. Um in 2025 we experienced 29,385 rides on Route 20. uh that is a route that services the northern portion of West Fargo and connects uh to the 13th Avenue Walmart as well as West Acres. And in route 24, we experience 20,451 rides. Uh that is a route that services the southern portion of West Fargo, um the Sanford Medical Center, as well as connecting back to West Acres. Um, compared to the previous years, we saw an increase of approximately 2,000 rides on Route 20 and about 2,000 ride decrease on Route 24. As for the other services offered in West Fargo, our paratransit service, which offers rides for people with either physical or cognitive disabilities, um, we have seen approximately 8,900 rides so far this year. Um last year in total we had approximately 10,000. So we're expecting to see close to that number by the end of the year. Uh looking forward into 2026 and the 2027 budget process. Um we had the opportunity to meet with Steve Iverson last Friday to discuss uh utilization of shelters and West Fargo routes. Uh we have 10 available shelters uh that will be given to West Fargo uh based on the um observations and the need that you guys would like to see um placed on the routes. Um I believe that six locations

have been determined by Steve currently. So that's based on the writership information that's been provided. Uh we'll be looking at the 2027 budgetary timeline coming up here as we get into 2026. Uh we'll be meeting with the mapus coordination committee uh which Dustin's a member of um in a couple of days here which will be proposing a budgetary timeline. The first portion of that budgetary timeline will include service recommendations and that would be uh meeting with either city administration or any of the members of the commission that would like to see any changes to existing routes or any proposals that you would like to see for 2027. With that in mind, uh we are also able to make small route adjustments in the current year and going into 2026. If there are any public comments or any comments from commission on things that you would like to see changed, uh we'd be happy to take those and make any proposals that you guys would like to see. Uh with that, I'd be happy to answer any questions.

I have one point that I'd like to clarify. Uh last at the previous commission meeting the question was asked uh how many grocery stores in West Fargo are stopped at and I believe the response was Cashwise and Family Fair. Is that correct? Yes, that is correct. Okay. Just wanted clarification for that. Um also Costco too if you'd consider that a grocery store. Costco as well. Okay. Thank you. Commissioners, any question of the gentleman? No. Move we approve the contract for 2026.

Commissioner Olsen moves to approve the contract for Fargo Matt bus for 2026 transit service. Is there a second? Second. Commissioner Anderson seconds. We have a motion and a second. Is there any further discussion on this item? Just one. Please. Commissioner Olsson. Cole, you mentioned that there 10 shelters that will be coming towards and you're working with um public works or something like that to get the sites repaired and all that.

Yes, I believe um Steve is working with the public works department. Um it's my understanding that everything will be taken care of through public works. Uh we'll just be providing the shelters and all of the um concrete pad placement and everything will be done through them. and that's scheduled for 26 or 27.

I can maybe add to that in response. So, we do have a small team put together between planning, engineering, and public works um in order to try and get some transit shelters um in place by spring of 2026 is the the hope. Um there are some logistical things that we're working through right now. Um some of which involves depending upon how much space is available, um might have to acquire some degree of easement for the placement of the shelters and things like that. So, don't have a any final determinations made quite yet, but that's that's the main goal right now. Okay. Thank you, Commissioner Jorgensson. I guess I'd like to see the map, too, where they're going to be placed and where our stops are actually at. Sure.

I applaud the moving forward with the shelters and stuff, and I'd like to see more stops in this town, but so in that future planning, I'd definitely like to be part of that. Absolutely. Um, I can speak with Steve and see where he has those placed exactly and we'll be able to provide those to you. Thank you. We have a motion in a second. U, is there any further discussion? Hearing none. All those in favor, please signify by saying I. I. Opposed? Motion carried. Thank you, sir. Thank you.

Thank you, Aaron. Item number four is a courtroom remodel. We're going to call on Captain Derek Croft, West Fargo Police Department. Captain, good evening and welcome.

Hello. Uh I was tasked with uh looking to try to increase the security at our current courtroom. As many of you aware are well aware, when that was re originally built, that was built to be a dual purpose room, be set up for commission and a courtroom. And now that we've transitioned into just a courtroom and especially as we're seeing that over the last few years the increase in the cases that we're seeing which I think we're at a 30% increase in just the last 3 to four years on that. I think the time has come to really look at trying to make some security upgrades for that and try to increase the safety rating that's with it. If any of you ever have an opportunity to come on a Wednesday, you'll see where the overflow is for the number of people that we have in court and as they're all hanging out in the hallway waiting for their time to go in and out. As we look at trying to increase the security with the courtroom, uh we're trying to look at more of a traditional model, I guess, of what a courtroom would look at to put in real barriers, which if you look at the renderings which were attached for today. On the front, we'd be adding a 36-in wall all the way across the front, which would be a centered 42-in wide batwing doors, which would make it look more like a traditional courtroom. And then off on the right hand side, when you look over there, you'll see where the original ramp was going up. That's a 46-in wall. We would come down with that all the way down to where the doorway is, where all the court staff come in, which is how the judge enters, how court staff, and they're often going back and forth throughout court, which would give us a full barrier in between that. Then we're looking at adding on the top of that is another 20 in of glass that would partition in between so that we'd have they wouldn't you wouldn't be able to reach across, grab or touch any of our staff as they're coming in and out. It really increase our safety level to what I would classify as an A rating at that point. And it really because of the way that we're doing it doesn't interfere with our heating cooling system or anything inside the building. Uh the last thing that we looked at in there uh right off of that ramp was a natural al cove that was kind of built into the original building. Uh we're looking to build that up and then encircle that

around to make a more traditional testimonial box for when we have trials. So it really when we're done would have a traditional courtroom feel to it and physical barriers that make it way more intrusive for somebody to cross those points where we're at today. Uh I went out for pricing on that. The pricing that I got for this uh was through Daku built company. It would actually what they're looking at doing would be very close if you remember the front of the courtroom how it looks would mirror that as we're doing for the both the wall and the front partition. Uh make it look very good. Uh and the I've worked with them previously on other projects with the police department. Had very good success with them. Uh the price we're looking at for this is $44,21353. Do you have any questions today? Commissioners, any questions?

My motion to approve. I have a motion to approve. Is there a second? Second. Commissioner Commissioner Jorgensson made the motion. Commissioner Olsen is seconded. Uh to approve the courtroom remodel as presented by Captain Croft this evening. One question for Mr. Scott. What's the revenue source? Thank you, Commissioner President Dortis. So, what I would recommend is that we amend the police department remodel budget from $250,000 to accommodate the uh court remodel. The source of funds for for that is our capital improvement sales tax.

Very good. Thank you, sir. We have a motion and a second. Is there any further discussion?

Hearing none. All those in favor, please signify by saying I. I. opposed. Motion carried. Thank you, Captain. Item number five is an ITC CIP request. We call on Her Howard, our director of IT. Thank you, Commissioner President, uh, Commissioner President and Commissioners. Um, a brief history on this um, project. Uh 3 years ago, we started a plan to replace all the outdated infrastructure that we have at the city. And um these are the last two items. We have a camera system and we have a uh door um security system. Both of them are obsolete. Uh we are dealing with uh breakages and patching every year and now the patching is basically uh wouldn't work anymore due to the age and the end of life. Um so the plan is to upgrade to a system called Genitech. Basically it is um a system where you have modules you have you have the security module for the doors and the camera system and you have integrated system that is scalable for the future and you can have up to 10 12 years out of it and that's the plan. Um the funding for this uh is uh was put in the 2024 CIP and um we are asking for uh either it's between 450 to 500,000. Um we got the quotes from two of our vendors and I stand here for questions.

Questions for Mr. Howard, sir. Again, Mr. Scott, this is this uh item is part of the in the CIP. Is that not correct? That is correct. Yes, it was it's in our for what dollar amount do you if I remember right is about 515 516 516,000. All right, very good. Thank you. Just wanted clarification, commissioners. Um when would this part of the project uh start if it was approved? It would be 2026. So we can

I would think um we would work on the doors first as it's indoor and then as we get get close to uh spring and summer would work outside. That would be the cameras. So I would I would expect Q4 would be done with this project in 2026. So did we have to go out with like an RFP or an RFQ or We would like to do an RFP. Um we did talk with legal and um these are two separate projects but um it's closer to that 500,000. So, we would like to do an RFP and that's the plan. Any additional questions?

Move we approve. Commissioner Olsen moves to approve the ITCIP request. Is there a second? Second. Commissioner Anderson second. We have a motion and a second. Is there any discussion? Thank you. Hearing none. All those in favor, please signify by saying I. I.

Opposed. Motion carried. Thank you, Mr. Haidider. Mr. Howitz, excuse me. Item number six is the improvement district 2297, South Pond neighborhood pavement rehabilitation. Again, we call on Mr. Jerry Wall, our city engineer. Purpose of this discussion is to conduct the determination of protest sufficiency and approve associated resolution. Mr. Wallace.

Thank you, Commission President Dardis and commissioners. Uh I'm before you tonight. Uh this is the first of two Millan overlay projects that uh we're pretty excited for. Um I guess just as some brief background, um you know, we're coming in, we're looking to mill overlay, uh improve curb and gutter, um uh probably reconstruct some ADA ramps in in uh compliance with federal code. Um and this is just consistent with common uh pavement management programs. Uh nothing out of the ordinary here. Um essentially the projects will be paid for uh 50% via the through the city uh capital improvement sales tax fund and 50% of the project will be special assessed. Um we're here tonight to uh conduct the determination of protest sufficiency and approve the associated resolution. Um it's it's worth pointing out uh at this point in time that staff did receive uh one letter uh in regards to the project. Um it was not uh necessarily in regard to uh protest um call it the you know the idea of the project. It was uh you know somebody found out they were getting an assessment and they weren't happy to hear that. Um but with all that being said, uh you know, we have before you in your packet here the affidavit of publication, uh which was published November 12th and November 19th, uh the mailing that was sent to the property owners, um which detailed, uh how to protest, um and gave some insight as to what potential uh assessed improvements uh would look like and uh as well as the resolution of insufficient protest and the uh road map call it the city's project process roadmap of of where we're at in that process. Um, but with all that being said, uh, staff would recommend um, the commission conduct the

determination of protest sufficiency and approve the associated resolution. And I'm always available for any questions. Questions for Mr. Walsh? Commissioner Olsson, approximately how many letters were sent out? I I don't have the exact number tonight. Commissioner um every property within the district uh that that is proposed to get an assessment. I I think 200 or 500 or a thousand and then we only had I think it was about 200. We only had one. Okay. Great question though. Apologize. I was unprepared. Any additional questions for Mr. Wallace. Thank you.

Move we approve. Commissioner Olsen moves to approve improvement district 2297, southpound neighborhood pavement re pavement rehabilitation to and approve the uh determination of protest sufficiency and the approved associated resolution. Is there a second? Second. Commissioner Jorgensson seconds. We have a motion and a second. Is there any further discussion? Hearing none, all those in favor, please signify by saying I. I I

opposed. Motion carried. Thank you, sir. Item number seven. Again, we call on Mr. Jerry Wallace, city engineer. This discussion is regarding improvement district number 2296, the Shadowwood neighborhood pavement rehabilitation. Purpose of this is again to conduct the determination of pro protest sufficiency and approve the associated resolution. Mr. Wallace. Thank you, Commission President Dardis and commissioners. Again, uh before you here tonight, uh is the second mill and overlay project. This this package should look very very similar. Um again, uh we're looking at a similar scope of work uh coming in uh milling and overlaying uh fixing a little bit of uh concrete uh consistent with um you know, common pavement management practices. Uh again, the project is proposed to be uh paid for via 50% capital improvement sales tax and 50% special assessed. Um again, we're here uh for the commission to deduct conduct the determination of protest sufficiency and approve the uh associated resolution. Uh similar to the last project, uh we also received one letter uh for this project as well. uh more focused on uh arguing against assessed improvements. Um the engineering department has uh both of those letters available uh should anybody request them. Um but in the packet here again uh we have the affid affidavit of publication uh published November 12th and November 19th. Uh the mailing that was sent to property owners within the district. Uh that included the notice of potential assessed improvement. uh the resolution of insufficient protest and our uh project flowchart uh map, so to speak. Um again,

with that, uh staff is recommending that the commission conduct the determination of protest sufficiency and approve the associated resolution. And again, I'm available for any questions. Thank you, Mr. Wallace. Questions? Commissioners? Commissioner Jorgensson, is there work being done on 36th Avenue? I can see the two gray shaded areas. Uh one second commissioner. Um there is a little bit of uh local or regional uh paving to fix a couple of the dips that uh that are out there. That's uh been a uh a significant problem over the years and uh we're hoping to fix that as well.

Okay. It just wasn't in the encompass deal. So I was and and that would be a city cost. Sure. Any additional questions? Move to approve. Commissioner Anderson moves to approve improvement district 2296 to conduct the determination of protest sufficiency and approve the associated resolution to proceed. Motion and a second by Commissioner Rollson. We have a motion and a second. Is there any discussion? Hearing none. All those in favor, please signify by saying I. I. I. I.

Opposed. Motion carried. Thank you, Mr. Wallace. Thank you.

You're a busy guy tonight. Item number eight is improvement district number 6062, a 2026 sidewalk improvements. Uh, purpose of this discussion is to approve amended engineers report and direct the engineer to prepare plans and specifications. Mr. Wallace. Thank you, Commission President Dardis and commissioners. Uh again, I'm here before you tonight uh to talk about the 2026 sidewalk improvement project. Um we usually approach these projects every other year. Uh and essentially, according to ordinance, we're just looking at various areas around town where there are uh gaps in the sidewalk network. Um essentially it we're looking to fill in those gaps. Uh mostly we try to look at areas uh that have been uh um experienced recent develop development activity. Um you know we we allow usually a a time period of call it a grace period for for construction to occur. Um after a while though um you know essentially we go through and we identify properties where it's um time to add sidewalk. Um, in this particular project here, um, earlier this year, we sent out a notice of order to construct. Uh, we had 37 properties on that list and we gave them through, uh, essentially December 1st to, uh, conduct the the sidewalk improvements themselves should they choose to do so. Um, quite a few did. um which leaves essentially 11 properties um that would we would be looking at um constructing sidewalk and uh um with the project. Um with that being said, uh it's worth pointing out that on these sidewalk districts, these projects are 100% assessed to the pro the benefiting properties. Um but with all that being said, um the following documents are attached for review in your packet here. It's the amended engineers report, uh the maps of

projects loca project locations throughout the city, uh and the associated resolutions. Um our recommendation for you tonight is to approve the amended engineers report and direct the engineer to prepare plans and specifications. I am available again for any questions you may have. Questions for Mr. Wallace regarding 2296. Move we approve. Commissioner Olsson moves to improve to approve improvement district number 2296, the Shadowwood neighborhood. I'm sorry. The sidewalk improvements. We're on 6062. My apologies.

Second. I have a second. I have a motion and a second regarding improvement district 6062 sidewalk improvements throughout the city of West Fargo. Is there any discussion? Hearing none. All those in favor, please signify by saying I. I.

Opposed. I motion carried. Thank you, Mr. Wallace. Item item number nine. Again, we call on Jerry Wallace, city engineer. This is in regard to project 2284, the 2026 HSIP intersections, turn lane re realignments. Uh it purpose of this discussion is to review the bid and and concur with the North Dakota DO's recommendation at 9th Street East, 37 32nd Avenue East and Cheyenne Street and 38th Avenue. Mr. Wallace.

Thank you, Mr. Commission President and Commissioners. Um be here I'm here before you tonight uh to talk about a highway safety improvement uh project that we're proposing. Um essentially back in 2021, the city applied for a uh highway safety improvement program grant. Uh the grant covers uh portion of the construction costs um that would be associated with realigning um the left turn lanes at multiple intersections through town here um to improve the uh safety and sight distance for uh uh vehicles that would look to be making that turning movement. Um the project's been included in the CIP uh as presented in 2024. Um we did get awarded a grant totaling $471,57.40 uh towards constru construction costs, excuse me. Uh the remaining costs um of construction and soft costs engineering uh would be proposed to come from the capital improvement sales tax fund. Um so essentially uh when we were looking at the uh the bid opening for this one uh one thing that uh stood out as unique is that uh the uh the the low bid which came in at 656,71720 um was approximately 37.9% above the engineers estimate. Um now with that being said that automatically triggered a bid analysis through the DO's programs um the bid analysis that was conducted um essentially showed that there was a couple items in particular uh in relation to the work that uh came back uh as being significantly more expensive than uh the engineer estimated. Um and there's a couple reasons behind that.

Um, one being that um, well, first let me start with uh, the engineer that prepared the estimate um, essentially used data from a very similar project this year. Um, added some construction inflation and and a couple other minor uh, cost adjustments, but that was uh, essentially how they came up with their cost estimate and uh, quite honestly everything that they did seem to pass the smell test. Um, essentially what it boiled down to and what came out of the bid analysis was that there were, uh, call it unique items to this particular type of construction, uh, such as the lighting systems, the signal systems, um, that, uh, really only have a few players in town that are even capable of doing that work. Um what we found as as our consultant dug into the bid bid analysis was uh of the the potential biders of those items um there was one bidder that had enough um large enough book of work that uh they weren't interested in bidding on the project. Um there was another uh contractor that um bid but um didn't need the work. So they they threw a number out there that was a little high, figuring if we get the work, hey, that's you know, great for us. Um and then we had another bidder um who uh looks like did maybe something a little similar. Um but essentially those items, they're they're very unique. Um they're somewhat of a limited pool. um that that's why the the the bid came back higher than what we anticipated. Um with that being said, um staff here would recommend that we concur with ND dot and award the contract to Northern Improvement Company. Uh the alternative is that we could look at potentially rejecting all bids. Um I I would just and potentially

rebidding I I would just be cautious that we we don't have a high level of confidence at this point in the season um that there would be much if any benefit to that. Um there's already a significant amount of the work on this project that is being paid for via the grant. Um, it's it's thought that given the unique climate of how the bid worked on this one, contractors very well could likely have more on their plates for the coming season, need this work less, um, potentially throw higher numbers at it. Um the one thing that I would use as I guess the example here is in one of our sister cities here uh a few years back uh they ran into something a similar situation. Um I I believe the engineers estimate came in at $10 million. um the the low bid came at in at slightly over 40% uh over the engineers estimate and they went and they rebid the project and it came back in at you know 80 or 90% over the original engineers estimate. Um so it was definitely uh not worth the effort in that particular instance. But, uh, with all that being said, um, like I said, we would recommend, um, concurring with the award and and awarding awarding the contract to Northern Improvement Company. Um, and with that being said, I'm I'm sure you may have some questions about this one. I'm certainly available.

Thank you, Mr. Wallace. Commissioners, questions for Mr. Wallace. Commissioner Olson.

So, in your recommendation, uh, you say that you we you would like for us to concur with North Dakota DO. So they didn't have many qualms over the the cost. You know, when when you explain it in your write up here that if you exclude those two items, the biders were only about 4 to 8% above the engineers estimate. So I can understand where the electrical cost could be driven by by like we like you identify market conditions and um being specific and supply chains and all that kinds of good stuff. So but DOT they were okay with where this came in at.

They generally defer to the the city. Okay. Their cost is fixed essentially if that makes sense. Yep. Great question. Thank you. Additional questions, Mr. Wallace? Well, it's work what needs to be done. So, I'll make the motion to approve. Commissioner Olsson moves to approve. Is there a second?

I'll second. Commissioner Jorgensson seconds. We have a motion and a second with regard to uh 2284 for the 2026 uh intersection realignments, turn lane re realignments. Is there any additional discussion? Hearing none. All those in favor, please signify by saying I. I. I. opposed. Motion carried. Thank you, Mr. Walls. Thank you for your time.

Item number 10. Item number 10 is to approve the 2026 city commission meeting calendar. We call on Rachel Rickner Lordman, director of communications for the city of West Fargo. Good evening, Rachel, and welcome.

Good evening, commission president and commissioners. I have for you uh the 2026 city commission meeting schedule. Uh this year we would like to take the approach and approve uh a full year's calendar rather than look at each holiday as it comes up um just to make planning scheduling a little bit easier throughout the year. Um so as usual meetings the first and third Monday of each month. The only holiday changes in 2026 would be the second meeting in February would be moved from Monday to Tuesday for the President's Day holiday and the first meeting in September moved to Tuesday from Monday for the Labor Day holiday. And then there will also be a special meeting on July 1st for the swearing in of new commissioners. That date is set by the state of North Dakota. So we can plan on that special meeting happening on July 1st. And then additionally in 2026 there are four months with five Mondays. Um so we have just made a note that we will address those as on a case by case basis if there needs to be an additional meeting called for approving bills or other items that may need to come up when there's an extra gap in those months with a fifth Monday. And with that I will take any questions. questions anyone.

The schedule aligns with our budget for when we need to get the budget into to meet the deadlines for that. Yes. And having this planned ahead of time will help us to plan our uh 2027 budget schedule around uh when commission meetings will happen. Thank you. Additional questions. Move to approve. Commissioner Anderson moves to approve the 2026 city commission meeting calendar. Is there a second? Second.

Commissioner Olsen seconds. We have a motion and a second to approve the 2026 city commission meeting calendar as presented. Is there any further discussion? Hearing none. All those in favor, please signify by saying I. I. I. Opposed. Motion carried. Thank you. Item number 11 is to renew the contract for Steve Minger for indigent defense services. Mr. Scott, city administrator.

Thank you, Commissioner President Dartis and commissioners. For several years now, the city has contracted with Steve Steven Minger for indigent defense services, otherwise known as courtapp appointed attorney. Uh the term of the contract is set to expire in 2025. So, we are requesting a renewal to extend his services through 2027. Uh, Mr. Minger has requested his monthly payment of $5,250 to be increased up to $5,500. The uh 2026 budget for the court includes a line item amount of 66,200 for this particular service. Uh I will note that uh there are periods uh if I understand up to uh two or three times a year where where Steven is not available. So we do reach out to somebody else to have that role filled where we will pay an hourly rate for that. So, if you're doing the math, uh 12 * 5,500 doesn't quite equal what we have budgeted, but we have a little bit extra in there to to pay uh for up to one to, if I remember right, two to three times a year for an additional uh alternate. So, uh with that, I will stand for any questions.

Questions for Mr. Scott? Okay, it's an actionable item. Commissioners Commissioner Jorgensson moves Commissioner Olsson seconds to approve uh renew the contract for Mr. Steve Minger for indigent defense services courtapp appointed attorney. Is there any discussion hearing? None. All those in favor please signify by saying I. I I

opposed. Motion carried. Thank you, Mr. Scott. We ask you for your city administrator's report at this time.

Again, thank you, Commissioner President Dardis and commissioners. A few brief items for you tonight. Uh first, I'll start with an update on our search for a new HR director. Uh I'm excited to announce that we've had a lot of interest. We've received, if I remember, 34 applications uh through yesterday. uh as of today the uh uh job posting is now closed. So in the coming weeks we are going to look to identify candidates to conduct interviews, our first round of interviews that'll take place uh in the second week of January and then from there we will narrow that field down to hopefully a few finalists where we will uh continue with additional interviews and evaluation processes. So, um, look forward to to that next step and, um, excited to, uh, find our our our new HR director. Any questions on that?

Commissioners, no, please continue.

Uh, in other city business, we are really at the year end mark. So our administrative teams, our finance department especially is hard at work with end of year processes. And um it's worth noting that at after the first or after the um year ends, January is where we'll do a lot of accounting u uh tasks, things like fund transfers and um those types of accounting procedures which will then set the final uh picture for our 2025 outlook on our financial performance. So, um, relatedly, you'll notice in your consent agenda, there was the, uh, monthly financial report. I bring that up because it's the work that is done in January that will, uh, bring everything into balance, if you will. Again, a lot of those inter fund transfers are still yet to take place. And so, that does uh, throw off our financial reporting up until that point. So again, we're hard at work trying to close out the year and look forward to uh diving into to 2026. Any questions on year-end work? Okay. Uh I picked one heck of a week to be to be on vacation last week. Uh we had definitely some challenging weather, some inclement weather, and uh can't thank our public works departments and our emergency responders for keeping our city safe, keeping it uh operational. And I'd like to share a few stats that I received this afternoon from our public works department. These are mind-blowing numbers, but through that week, December 6th through this uh December 13th, they plowed 6,384

miles of street, spent 797 man hours, and placed 200 tons of salt. So again, there is a an enormous amount of coordination and planning and sleepless nights that go into um preparing for and dealing with our inclement weather. And can't thank those guys enough for what they do to keep our community again safe and functional. So, uh, with that, I just I'd like to wish everyone a a safe and happy holidays, and I look forward to starting 2026. So, any further questions for me?

Questions for Mr. Scott. Thank you. Thank you. All correspondence has been distributed and in your mailbox or uh was placed on the dis uh today. Does any commissioner have any non-aggenda item they'd like to bring up at this time? N I experienced something last week one day as I was driving up Cheyenne Street in downtown West Fargo where there had been a serious slip and fall. Uh and the lady was laying totally prone in the middle of the street.

Uh couldn't get up. She had banged her head pretty hard. And you know, one of her fellow workers was first on scene, I was second on scene, and of course, we called 911. And I was so impressed with how quickly the West Fargo Fire Department uh responded and cared for the lady. Uh, you know, she uh she didn't have any broken bones or anything like that, but she had banged her head pretty hard on a on an icy street. So, it's just something to see that uh how quickly they responded. They were there within minutes and the care that they gave that person and and uh checking her out was uh noteworthy. So, thanks to the West Fargo Fire. Uh any department have have anything from a non-aggenda item they'd like to bring forward this evening? With that, Commissioner Anderson?

Move to adjourn. Commissioner Olsen. Second. We stand at