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 roll?

Commissioner Anderson.

Commissioner Olson?

Commissioner Dartis?

Here.

Commissioner Sundell.

Here.

Commissioner Jorgensen.

Here.

Let the record show all commissioners are present.

Commissioner Zundell is via Zoom.

Yep.

Please join the Commission in a Pledge of Allegiance.

One nation under God.

First order of business is to approve the order of the agenda before you and has been distributed.

Move to approve.

Motion by Commissioner Jorgensen to approve, and a second by Commissioner Anderson.

Is there any discussion?

Hearing none, all those in favor, please signify by saying aye.

Aye.

Aye.

Aye.

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 packet.

Move to approve.

Commissioner Olson 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 aye.

Aye.

Aye.

Opposed.

Motion carried.

Item F is the building permits.

Commissioner Jorgensen.

I would like to recuse myself from this vote.

Thank you, sir.

Commissioner Jorgensen is excused from the vote on the building permits.

Conflict.

Move to approve.

Commissioner Olson 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 aye.

Aye.

Aye.

Aye.

Opposed?

Motion carried.

We move on to the consent agenda.

On the consent agenda this evening, we have items A through G.

Move approved.

Commissioner Anderson moves to approve the consent agenda items A through G.

Is there a second?

Second.

Commissioner Jorgensen seconds.

We have a motion and a second.

Is there any discussion?

Hearing none.

All those in favor, please signify by saying aye.

Aye.

Opposed.

Motion carried.

We now move into the regular agenda.

Madam Secretary, is there any member 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 and first reading of the floodplain 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.

Just briefly, uh recently this year, uh Senate Bill, North Dakota Senate Bill 2027 was implemented in August.

Essentially, that uh required statutory changes that uh uh cities uh local jurisdictions need to make to their floodplain ordinances.

Um so essentially um I'm just here before you tonight uh to approve the first reading of our amendment to our floodplain 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 the state statute.

Umcluded in our our packet here tonight.

Uh we have ordinance number 1267, which be which would be our our amendment to our floodplain management ordinance.

Um with that staff recommend approving the first reading of the amended floodplain 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 reading reading of the amended floodplain 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 floodplain 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 floodplain management ordinance.

Is there a second?

Second.

Commissioner Jorgensen seconds.

We have a motion and a second.

Is there any discussion?

Hearing none, all those in favor, please signify by saying aye.

Aye.

Aye.

Opposed.

Motion carried.

Thank you, Mr.

Wallace.

Item B, to B is the ordinance number 1266 regarding the municipal judge, Dustin Scott, City Administrator, will be presenting with a public hearing in consideration of the first reading.

Mr.

Scott, good evening and welcome.

Good evening.

Thank you, Commissioner President Dartis, and Commissioners.

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, 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 Barcass.

I'm the municipal judge.

Um I don't really have a I I don't want to give or uh in the 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 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 gonna get for a municipal judge is probably falls in two buckets.

One is a part-time attorney who has a 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 210-day requirement, how you're going to enforce that uh and you know how that's going to affect a uh my successor at some point.

Um to do people, which most attorneys fall into the bucket, do have lake cabin, so that retired um that semi-retired attorney uh is likely gonna have uh a lake cabin.

How are they gonna 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 that 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 gonna 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.

Barkas?

Ms.

Schmidt, 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.

I'm 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 as the primary residence, but there is some flexibility in terms of of where it is, and then the disc 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 absent.

Thank you.

Anything else, Mr.

Barkers?

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 uh judge Phillips is a Fargo resident, just like I am uh an alternate in Fargo.

That you already have that ability uh just to give that point of clarity.

Thank you.

Any questions for Mr.

Barkas?

Thank you, sir.

Thank you.

Mr.

Scott, anything else which you'd like to add?

Nope, nothing to add.

I appreciate Ms.

Schmidt's uh response.

So 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 municipal judge?

Anyone else that would like to speak against?

Okay.

Public hearing is closed.

Commissioners?

I have a question.

Please, Commissioner Olson.

Uh or 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, the 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.

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 Jorgensen seconds.

We have a motion and a second.

Is there any discussion?

Very none.

All those in favor, please signify by saying aye.

Aye.

Opposed.

Motion carried.

Thank you, Mr.

Scott.

Item number three is contract with the city of MAP 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 Artis and Commissioners.

So item three is the renewal of the city's annual transit agreement with Fargo Map Bus for services in 2026.

Map Rust provides contract services to the City of West Fargo in accordance with this annual mass transit agreement, which includes portions of two fixed route transit routes, as well as paratransit services within the city.

With that, I'm certainly happy to answer any questions you have for staff.

The last thing I'll mention too is that with me tonight is uh Cole Swingan, assistant uh transit director with the City of Fargo MAT bus.

And I believe Cole would like to say a few words too.

Um prior to you guys to take action tonight.

So with that, I'll hand it off to Cole.

Thank you, Mr.

Good evening, and welcome.

Thank you.

Uh thank you, Mr.

Commission President and Commission members for an opportunity to speak with you tonight.

Uh I'd just like to provide a brief update as to ridership 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.

In 2025, we experienced 29,385 rides on Route 20.

That is the route that services the northern portion of West Fargo and connects to the 13th Avenue Walmart as well as West Acres.

And in Route 24, we experienced 20,451 rides.

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.

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.

Looking forward into 2026 and the 2027 budget process.

So that's based on the ridership information that's been provided.

We'll be looking at the 2027 budgetary timeline coming up here as we get into 2026.

We'll be meeting with the MAPUS coordination committee, which Dustin's a member of in a couple of days here, which we'll 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, uh, the question was asked uh how many grocery stores in West Fargo are stopped at?

And I believe your response was cash-wise and family fare.

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 to the gentleman.

No.

Movely approved the contract for 2026.

Commissioner Olson moves to approve the contract for Fargo MAT 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 Olson.

Cole, you mentioned that there are 10 shelters that will be coming towards and you're working with um public works or something like that to get the sites prepared 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 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, we have to acquire some degree of easement for the placement of the shelters and things like that.

So don't have a final determinations made quite yet, but that's that's the main goal right now.

Okay, thank you.

Commissioner Jorgensen.

I guess I'd like to see the map too where they're gonna be placed and where our stops are actually at.

Sure.

I plan to moving forward with shelters and stuff, and I'd like to see more stops in this town, but so in that future planning.

I 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 and a second.

Um is there any further discussion?

Hearing none, all those in favor, please signify by saying aye.

Aye.

Opposed?

Motion carried.

Thank you, sir.

Thank you.

Thank you, Aaron.

Item number four is a courtroom remodel.

We're gonna call on Captain Derek Croft.

West Fargo Police Department.

Captain, good evening and welcome.

Hello.

I was tasked with uh looking to try to increase the security at our current courtroom.

As many of you are aware are well aware, when I was re originally built, that was built to be a dual purpose room.

We set up for commission and a courtroom.

And now that we've transitioned into just a courtroom, and especially as we're seeing the 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 uh three 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 the 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.

Uh 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 uh if you look at the renderings which were attached for today on the front, we'd be adding a 36-inch wall all the way across the front, which would be a centered 42-inch wide bat wing 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 uh original ramp was going up.

That's a 46-inch 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.

And then we're looking at adding on the top of that is another 20 inches of glass that will partition in between so that we'd have it would you wouldn't be able to reach across, grab or touch any of our staff as they're coming in and out.

It would 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 of the building.

Uh the last thing that we looked at in there, uh, right off of that ramp was a natural alcove that was kind of built into the original building.

Uh, we're looking at build that up and then encircle that around to make a more traditional testimonial box when we have trials.

So it'll 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 the points uh where we're at today.

Uh I went out for uh pricing on that.

The pricing that I got for this uh was through DAC built company.

I would actually what they're looking at doing to be very close if you remember the front of the courtroom how it looks would mirror that as we're doing for uh the both the wall and the front partition, uh make it look very good.

Uh and the I've worked with them previously in other projects with the police department, had very good success with them.

Uh the price we're looking at for this is 44,213.53 cents.

Do you have any questions today?

Commissioners, any questions?

My motion to approve.

Motion to approve.

Is there a second?

Second.

Commissioner Old uh Commissioner Jorgensen 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 Dardis.

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 aye.

Aye.

Opposed?

Motion carried.

Thank you, Captain.

Item number five is an IT CIP request.

We call on a Peter Howard sir, our director of IT.

Thank you, Commissioner President.

Uh Commission President and Commissioners.

Um a brief history on this uh project.

Uh three 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 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.

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 is the plan.

The funding for this uh was put in the 2024 CIP.

And um we are asking for uh either uh 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 an art.

For what dollar amount do you uh if I remember it is about 515?

516 516,000.

All right, very good.

Thank you.

Just wanted clarification.

Commissioners.

Um would this part of the project uh start if it was approved?

It would be 2026.

We can six.

I would think um we would work on the doors first as it's indoor, and then as we get close to uh spring and summer, would work outside, and 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 uh like an RFP or an RFQ or we would like to do an RFP?

Okay.

We did talk with legal, and um these are two separate projects, but uh 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 Olson moves to approve the ITCIP request.

Is there a second?

Second.

Commissioner Anderson seconds.

We have a motion and a second.

Is there any discussion?

Thank you.

Hearing none, all those in favor, please signify by saying aye.

Aye.

Opposed.

Motion carried.

Thank you, Mr.

Heider.

Mr.

Howitzer, excuse me.

Item number six is improvement district twenty-two ninety-seven, South Pond Neighborhood Pavement Rehabilitation.

Again, we call on Mr.

Jerry Wallish, 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 Artisan Commissioners.

Uh I'm before you tonight.

Uh this is the first of two millen 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 an overlay, uh, improve curb and gutter.

Um probably reconstruct some ADA ramps and in uh compliance with uh 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 percent via the through the city, uh capital improvement sales tax fund, and 50 percent 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 and 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 which detailed uh how to protest and gave some insight as to what potential uh assessed improvements uh would look like as well as the resolution of insufficient protest and the uh roadmap, uh call it the city's project process roadmap of of where we're at in that process.

Um with all that being said, uh staff would recommend uh the commission conduct the determination of protest sufficiency and approve the associated resolution, and I'm always available for any questions.

Questions for Mr.

Wallace?

Commissioner Olson.

Approximately how many letters were sent out.

Uh 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 think 300 or 500 or a thousand, and then we only have I think it was about two hundred.

We only had one, okay.

Great question, though.

Apologize, I was unprepared.

Any additional questions for Mr.

Wallace.

Thank you.

Move we approve.

Commissioner Olson moves to approve improvement district 2297 South Pound Neighborhood Payment Re pavement rehabilitation to and approve the determination of protest sufficiency and the approved associated resolution.

Is there a second?

Second.

Commissioner Jorgensen seconds.

We have a motion and a second.

Is there any further discussion?

Hearing not.

All those in favor, please signify by saying aye.

Aye.

Aye.

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 protest sufficiency and approve the associated resolution.

Mr.

Wallace.

Thank you, Commissioner President DARTAS and Commissioners again.

Again, we're looking at a similar scope of work coming in, milling and overlaying, fixing a little bit of uh concrete, uh consistent with common pavement management practices.

Again, the project is proposed to be uh paid for via 50 percent capital improvement sales tax and 50 percent special assessed.

Um again, we're here uh for the commission to detect 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 affidavit 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 flow chart 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 Jorgensen.

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 gonna be a city cost.

Sure.

Any additional questions?

Move to approve.

Commissioner Anderson moves to approve improvement district twenty-two ninety-six to conduct the determination of protest sufficiency and approve the associated resolution to proceed.

And a second by Commissioner Rolson.

We have a motion and a second.

Is there any discussion?

Hearing none, all those in favor, please signify by saying aye.

Aye.

Opposed.

Motion carried.

Thank you, Mr.

Wallace.

Thank you.

You're a busy guy tonight.

Item number eight is improvement district number 6062 of 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, Commissioner President DARTAS 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 experience recent development development activity.

Um you know, we we allow usually a a time period of call it a grace period for for construction to occur.

After a while, though, you know, essentially we go through and we identify properties where it's time to add sidewalk.

In this particular project here, earlier this year we sent out a notice of order to construct.

We had 37 properties on that list, and we gave them through essentially December 1st to conduct the sidewalk improvements themselves, should they choose to do so.

Quite a few did, which leaves uh essentially 11 properties that we would be looking at construction sidewalk and uh 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 with all that being said, um the following documents are attached for review in your packet here.

That's the amended engineers report, uh, the maps of projects loc project locations throughout the city 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 from Mr.

Wallace with regarding 2296.

Movely approved.

Commissioner Olson 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 aye.

Opposed?

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 the purpose of this discussion is to review the bid and concur with the North Dakota DOT'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 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 that would be associated with realigning um the left turn lanes at multiple intersections through town here to improve the uh safety and site distance for uh uh vehicles that would look to be making that turning movement.

Um the project's been included in the CIP as presented in 2024.

Um we did get awarded a grant totaling 471,507 towards construct construction costs, excuse me.

Uh the remaining costs of construction and soft costs engineering uh would be proposed to come from the capital improvement sales tax fund.

Um 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 $656,717 and 20 cents was approximately 37.9% above the engineer's estimate.

Um, with that being said, that automatically triggered a bid analysis through the DOT's programs.

Um the bid analysis that was conducted essentially showed that there was uh a couple of items in particular uh in related 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 being that um, well, first let me start with uh the engineer that prepared the estimate essentially used data from a very similar project this year, um, added some construction inflation 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 seemed 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 bit bid analysis was uh of the the potential bidders of those items.

Um there was one bidder that had enough the large enough book of work that uh they weren't interested in bidding on the project.

Um there was another uh contractor that 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 uh looks like did maybe something a little similar.

Um essentially those items they're they're very unique.

Um they're somewhat of a limited pool.

Um that that's why the the bid came back higher than what we anticipated.

Um with that being said, um staff here would recommend that we concur with NDDOT and award the contract to Northern Improvement Company.

Uh the alternative is that we could look at per 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 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 believe the engineer's estimate came in at 10 million dollars.

Um the the low bid came at in at uh slightly over 40 percent uh over the engineer's estimate, and they went and they rebid the project and it came back in at you know 80 or 90 percent over the original engineer's estimate.

Um so it was definitely uh not worth the effort in that particular instance, but uh with all that being said, uh 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.

Um certainly available.

Thank you, Mr.

Walsh.

Commissioners, questions for Mr.

Wallace.

Commissioner Olson.

So on your recommendation, uh you say that you we you would like for us to concur with North Dakota DOT, so they didn't have many qualms over the cost.

You know, when when you explained it in your write-up here that if you exclude those two items, the bidders were only about four to eight percent above the engineer's estimate.

So I can understand where the electrical cost could be driven by it by likely like you identify market conditions and um being specific and supply chains and all that kind of good stuff.

So but DOT they were okay with where this came in at the generally defer to the the city.

Okay, their cost is fixed, essentially, if that makes sense.

Yep, great question, thank you.

Additional questions?

Mr.

Walsh.

Well, it's work that needs to be done, so I'll make the motion to approve.

Commissioner Olson moves to approve.

Is there a second?

Commissioner Jorgenson 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 aye.

Aye.

Opposed.

Motion carried.

Thank you, Mr.

Wallace.

Thank you for your time.

Item number 10.

Item number 10 is to approve the 2026 City Commission meeting calendar.

We call on Rachel Richner Berderman, Director of Communications for the City of West Fargo.

Good evening, Rachel, and welcome.

Good evening, Commission President and Commissioners.

I have for you the 2026 City Commission meeting schedule.

This year we would like to take the approach and approve 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.

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.

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?

The schedule aligns with our budget for when we get the budget into meeting deadlines for that.

Yes, and having this planned ahead of time will help us to plan our uh 2027 budget schedule around uh when uh commission meetings will happen.

Thank you.

Additional questions.

Move to approve.

Commissioner Anderson moves to approve the 2026 City Commission meeting calendars.

Or a second.

Second.

Commissioner Olson 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 aye.

Aye.

Opposed.

Motion carried.

Thank you.

Item number 11 is the renew the contract for Steve Mottinger 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 Stephen Mottinger for indigent defense services, otherwise known as court appointed attorney.

The term of the contract is set to expire in 2025, so we are requesting a renewal to extend his services through 2027.

Mr.

Meutinger has requested his monthly payment of $5,250 to be increased up to $5,500.

The 2026 budget for the court includes the line item amount of $66,200 for this particular service.

If I understand, up to uh two or three times a year 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 times 5,500 doesn't quite equal what we have budgeted, but we have a little bit extra in there 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 Jorgensen moves, Commissioner Olson seconds to approve uh the renew the contract for Mr.

Steve Mottinger for indigent defense services.

Court appointed attorney.

Is there any discussion?

Hearing none, all those in favor, please signify by saying aye.

Aye.

Opposed.

Motion carried, thank you.

Mr.

Scott, we ask you for your city administrators' report at this time.

Again, thank you, Commissioner President Dartis 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.

As of today, the 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 look forward to to that next step and uh 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 uh year end mark, so our administrative teams, our finance department especially is hard at work with end-of-year processes, and uh it's worth noting that uh at after the first or after the um year ends.

January is where we'll do a lot of accounting uh uh tasks, things like fund transfers and those types of accounting procedures which will then set the final uh picture for our 2025 outlook on our uh financial performance.

So 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 interfund 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 your end work?

No.

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 thank our public works departments and our uh emergency responders for keeping our city safe, keeping it uh operational, and uh like to share a few stats that I uh 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 uh an enormous amount of coordination and planning and sleepless nights that go into 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 uh 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 in in your mailbox or uh was placed on the diocese uh today.

Does any commissioner have any non-agenda item they'd like to bring up at this time?

I experienced something last week one day as I was driving up Cheyenne Street in downtown Las 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 a nice 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 anything from a non-agenda item they'd like to bring forward this evening with that commissioner Anderson move to adjourn.

Move to adjourn.

Commissioner Olson.

Second.

We stand adjourned.