Good evening and welcome to the Monday, July 6th, 2026, West Fargo City Commission meeting.

Please join me in the Pledge of Allegiance.

All right.

The next item is roll call, Emily.

Commissioner Jorgensen.

President by Zoom.

Commissioner Zundal.

Here.

Commissioner Erickson.

Here.

Commissioner Sedman here.

Commissioner Derdwick?

Here.

All right.

Next item is to approve the order of the agenda.

Move the approve.

Second.

Any discussion?

Hearing none.

All those in favor, please say aye.

Aye.

Motion passes.

All right.

Approval of the minutes from the June 15th, 2026 Commission meeting.

I'll move to approve.

Is there a second?

Second.

All right.

Any discussion?

Hearing none.

All those in favor, please say aye.

Aye.

Aye.

Aye.

Opposed.

Passes.

Building permits.

Item number F right, that's right.

Mayor.

Yes.

I need to recuse myself from uh voting on the building permits, please.

All right.

I move we approve.

Is there a second?

All seconds.

We have a motion and a second.

Any further discussion?

Hearing none.

All those in favor, please say aye.

Aye.

Aye.

Aye.

Opposed.

Motion passes.

Our consent agenda items A through B.

Any questions or comments?

I'll make a motion to approve the consent agenda.

All right.

We have a motion to approve.

Second.

We have a second.

Any discussion.

Hearing none.

All those in favor, please say aye.

Aye.

Opposed.

The consent agenda passes.

On to the regular agenda.

And I don't believe we have any public comment tonight.

Is that correct?

That is correct.

All right.

And no public hearing.

So we will jump to item number three, the first reading of ordinance number 1281 relating to discharge of firearms and carrying loaded firearms in vehicles.

Chief of police uh Peter Nielsen.

Good evening, Commissioner President Jerdovig.

Fellow Commissioners, uh stand before you tonight with the first reading of ordinance uh 1281 discharge of firearms, dangerous weapons within the city.

The proposed change to this ordinance would be section in section two subsection number five.

And what that states is persons lawfully persist participating in a management plan or program approved by the city commission for the control of deer or other animals within the city limits.

Just a little bit of feedback on this.

Back in June of 2022, the police department came to in front of the commission and regarding some firearm usage by the USDA.

The USDA was contracted out by different uh entities, mainly Cargill in the city of West Fargo, and to have them come out and to uh euthanize some of the animals that would be coming up passed on the property.

The commission granted that that uh conditional usage, but that only lasted for one year.

So what we're proposing is to bring this uh change of the ordinance so we could go into a uh MOU or MOA with with the USDA to allow them access to come into uh the city and to use fire a firearm to uh uh euthanize these animals.

But with this gives us more clarity, more control over the situation uh because of the fact that now we have an actual MOA with them.

It had strictly uh advises the USDA what they can and cannot do.

It also tells uh advises them of a procedure of how we'd like that to be done and what that would be was contacting Red River dispatch, uh contacting the on-duty sergeant to know that they're gonna be at those uh facilities during uh different times.

So we think this is a good ordinance.

Um we've had help with our city attorney, and we believe that um that this would be something that could benefit uh the USDA along with the police department.

Uh we also have Mr.

Brandon Nooner here, he's a representative from USDA if you have any questions, but at this time uh I stand for any questions on the first reading.

Any questions?

Um I know you had mentioned that it would be uh basically number five on that first section.

On that copy that we have, G and H are also underlined under number two.

Are those additions due to century code changes?

I'm assuming that's why that's in there.

Yes.

Okay.

Sounds good.

Thank you.

That's all I have.

I just have a quick question, Chief Nielsen.

Who will be monitoring to ensure that the rule set up that they do let you know that there's going to be firearm discharge?

What happens if they don't?

Who monitors that so if they wouldn't do that, they would be uh they would break the MOA.

So at that point, we would uh believe at that at that time the MOA would be not be in accordance and it wouldn't be uh valid any longer, so they would not be able to utilize the procedures that they're looking to do.

Did I see that in um the changes is the question?

I don't know if the MOA is actually in the agenda packet at this time because it hasn't been sent to the mayor and the city attorney or the city manager.

So I don't think that's well, maybe it is in there.

It's attached.

It's attached, yeah.

So presumably that person who did that not under the MOA would be, I presume, charged with discharging a firearm within city limits because they wouldn't be doing so under accordance of a contract, would that be correct?

Okay.

Any additional questions?

What's your preference?

I move that we approve the first reading.

All right, we have a motion.

I'll second that.

And a second.

Any further discussion?

Hearing none, all those in favor.

Oh, actually, we're we a slight change moving forward, almost screwed it up, Emily.

Um a slight change is moving forward on the regular agenda items.

We're gonna be doing a roll call vote.

Um so Emily, you want to take over?

And it'll also be a random shuffle.

I just did a literal shuffle button on the website.

So are we ready?

Yeah, it's gonna be a surprise who gets to do it first.

Jorgensen.

Sorry.

Yay.

Zundal, yes.

Erickson?

Yes.

Steadman, yes.

Jerdovic.

Yes.

Motion passes.

Thank you.

Item number four, improvement district number three thousand six Westwood reconstruction, uh, City Engineer Jerry Wals.

Uh yes, thank you, uh, Mr.

Commission President and uh Commissioners.

Um here before you tonight uh with an item for the uh Westwood Reconstruct project, uh improvement district number 3006.

Uh essentially this is a change order uh for the amount shown there, 154,911.80 cents, uh, where we would be installing the final uh asphalt lift uh to complete the streets for the neighborhood.

Um again, as you can see in the packet there, funding uh would be proposed uh to come from the capital improvement sales tax fund.

Um when we originally scoped this work, uh that was uh how we had anticipated uh uh completing that work, so no change from the intent there.

Um essentially uh just a brief background and history behind this.

Um it was desired uh when we when we originally scoped the project, uh there was meetings with engineering staff, public work staff, our consultant engineer uh about uh looking at essentially holding off on the final lift of asphalt.

Uh there's several uh communities in the area that had that's a common practice.

Uh and we wanted to try to see uh if it was something that we could implement in West Fargo.

Um over the course of the project now.

Um, you know, we've we've had some uh you know, call it growing pains, we've learned some things.

Uh you know, one thing that you know public works had commented on is that you know it made their operations more difficult, uh more challenging.

Um so that was something that uh you know uh we're certainly considering at this point.

Uh the other thing that was noted is just uh because there's that little lip uh you know between the curb and the asphalt, uh there is gonna be some standing water that um you know just commonly sits there until it you know evaporates.

Um and then there was also identified that you know that it is a potential tripping hazard throughout the neighborhood.

So uh you know, just something else to think about.

Um but essentially at this point now, you know, we've observed uh pretty minimal sediment that there's there's been one full freeze-thaw cycle uh on the roads in the underground in in the neighborhood.

Um we have three options.

Um we can um install the final wear course now under the existing contract as uh is shown in the uh the change order in the packet.

Um we could potentially look to bid this work as a separate future project.

Um or we could uh delay the installation.

Um initially we had talked about uh just having public works, uh you know, put the final lift of asphalt in since uh for several years now they've been completing mill and overlays.

Um unfortunately, I'm I'm sure everybody's aware of the pending litigation on that.

Uh so the jury's still out as to whether or not we'll be able to continue to do that.

Um but again um here before you tonight uh with that change order.

Um our recommendation is that we we proceed with approving the change order and install that final uh lift with the contractor we have under contract right now.

Um and with that, I'm available for any questions you may have.

Does anyone have any questions?

Just a quick question.

Maybe it's uh terminology when you say it's a change, George.

This is part of the original project.

So the reason it's a change order is because we didn't do it originally, so we're coming back now to finish the project, and that's why it's a change order.

Uh great question.

Uh so essentially this was not going to be part of the original project, and uh public works um had attended, like I said, to you know, just do this with uh likely capital improvement sales tax.

Um so now we're we're making it part of the project.

Great question.

Clarification.

Thank you.

Any other questions?

I'll make a motion to approve.

All right, we have a motion to approve.

Is there a second?

Second.

I have a second.

Any additional discussion?

Hearing on.

Uh Mr.

Mr.

Yeah.

Um thank you, Mr.

Mayor.

Uh Mr.

Wallace, if if you feel comfortable answering the question, um, you know, moving forward with this project uh in foregoing doing the work ourselves internally.

Um that doesn't have any bearing on anything with that litigation, does it?

Uh no, not that I'm aware.

Okay.

Commissioner.

Great question.

Okay, thank you.

You bet.

All right.

All right, I'll do the roll call.

Um, Jorgensen.

Yes.

Erickson?

Yes.

Steadman, yes.

Yes.

Motion passes.

Thank you.

All right.

Number five is our proposed organizational appointments and assignments.

That one is assigned to me.

How fun.

Um I won't go through all of this, but just to kind of make sure to call out a couple uh changes from how this has been done in the past.

You'll notice that the portfolio assignments have changed to really just have a primary portfolio and getting rid of the secondary portfolios, which is about driving some clarity, and also it's a map our portfolio assignments to our city leadership structure.

Uh so that's uh kind of the main item.

The only other one that I will call out just so that people don't think it's a typo, because it's not, is um uh former mayor DARTAS is going to be appointed to continue to be in the seat for the Lake Agassiz Water Authority.

Uh so any questions or discussion.

Since it's my motion, I or my topic, I will make the motion to approve.

Second.

All right, we have a motion and a second.

Any further discussion?

All right, we can vote, Emily.

Jorgensen.

Yes.

Zundal, yes.

Erickson?

Yes.

Steadman, yes.

Jair Devic?

Yes.

All right, the portfolio assignments have passed.

Item number six, um, direct staff to work on policy options regarding the use of economic development sales tax funds.

So to um try to uh simplify and make in and help people understand what what this uh ask is.

So any time that over quite a few years that the city has provided some type of an incentive for economic development, uh, you know, the construction of a building, for example.

Uh, and if it was a pilot or a TIFF, you know, some type of tax incentive that was passed.

Uh so for example, if a property was you know paying five thousand dollars a year in property tax and that building gets torn down, and it's now you know the new structure is you know should be being taxed 50 grand a year, uh, but for maybe a period of five years, they're continuing to only pay the five.

Um, but for maybe a period of five years, they're continuing to only pay the five.

So that has an impact in theory on our budget.

Um what I'm suggesting is to look at the options and uh and kind of to come back to the commission to approve that, but to look at paying for that out of economic development sales tax.

So basically, as part of our budgeting process, we would look like what are those those incentive dollars that we would sort of be missing, I guess you could say for the you know 2027.

And in conversations, the estimate is probably four to five hundred thousand dollars uh in that ballpark, and to sort of make the budget, and I'm Dustin might not like me using this word, but I'll say it make the make the budget whole for the dollars that we would have otherwise had if those incentives hadn't been given out and the building had been built.

So that's the general idea.

I don't know if you guys have any questions.

Hopefully I explained that well enough.

But uh Mayor Derdovik, I was just gonna mention I I fully support exactly what you're this isn't an actionable item, by the way, is it?

This is just directly.

Well, we are taking a vote to direct city staff to um so so it it is.

Um fully support this.

So when I was campaigning the last six months, you know, there were a lot of different conversations about the idea of how there's uh a clear opportunity cost with uh giving out incentives that you're losing out on that tax revenue, property tax revenue over those the duration of those incentives being in place.

And this, if feasible on multiple fronts, um, you know, I think it's a it's a really good idea.

So I just wanted to tell you that.

I thought it was a good idea.

Appreciate that.

Any other discussion or questions?

Do you have set up sort of a guideline of what you're looking for so that the staff doesn't just kind of wonder what you're we're taking?

Yeah, so I mean it's it's very specific in our in the conversations I've had around uh commercial development.

So this is not looking at you know housing um in you know incentives or anything like that.

It is specific to commercial properties because those you know, arguably any um incentive that has been provided by the commission has been done so I would assume under the belief of economic development.

And you know, voters have given us um you know an economic development sales tax that uh we can utilize to offset that.

Any other questions?

You look like you have a question.

Nope all right.

Well, again, since this is mine, I'll make the motion um to direct city staff to work on a policy options regarding the use of these dollars as discussed.

Second.

We have a second.

Any further discussion?

Hearing none.

Emily?

Jorgensen.

Yes.

Yes.

Ericsson?

Yes.

Steadman, yes.

Yes.

Motion passes.

Item number seven, direct staff to work on community outreach options regarding data centers.

So um try to make this quick.

First off, there's just a so there's no rumors, there's you know, no conversation being had.

There's there's nothing I'm aware of.

But uh through the campaign um and in talking with people and you know, just around the entire country, there's a lot of uh challenges within communities around data centers.

And even locally, we can see you know, with what applied digital stepping into Harwood, you know, a year ago, and and and those those projects come really quick.

They can be um there can be a lot of misinformation in the public, and there's a lot of uh opinions on both sides of that.

And uh, you know, just under the belief of wanting to be proactive, you know, I really as part of this commission don't want to wait until the day an opportunity could present itself, and then not have had the opportunity before that to gather community input.

And so this uh motion is really to direct city staff to look at options for community outreach, both to you know, maybe dispel some of the rumors and misinformation out there, but also to kind of try to get a gauge as to where the community is.

Uh you know, are is West Fargo open to that kind of development?

Are we not?

Uh and you know, that empowers us as a commission.

I think it empowers us from an economic development perspective, knowing that answer.

And uh so that's that's the j the general idea.

Do you I'm presuming this is gonna have a fiscal note attached to it?

So are you proposing that to sort of come out of economic development sales tax to fund it?

In terms of like doing like a public forum or something, anyway.

Or like surveys or I mean anything mailers, anything that we would have to for start.

I think it's directing city staff to come back with like with a little bit of a plan, whether that's a survey, whether that's a community forum.

Okay, if there is a request for dollars, then that would probably be.

So you're just looking for like how we would approach the public office.

Yep, this is really about you know directing city staff, so the time commitment to come up with a plan and come back so that we can be proactive, I guess, in terms of how we look at this topic.

I like it.

Do you want to make the primary motion?

Because you go three for three.

Oh, sorry.

Question or comment?

You're okay.

Uh Mayor, I just wanted to add one thing.

So if you've been following the legislative interim committees that have been happening, and in the spirit of uh expedition, because of uh, you know, because things are happening so quickly out uh you know in the private landscape.

If the only revision, if I could add to it, is if we could uh add a duration or kind of a deadline for staff to get back to us by the end of the third Wednesday or the third Monday next month, if that is feasible.

Umly is what we're looking for.

Yes, yeah.

I completely would agree with that.

Just just to add exactly what you were saying, uh, because things we wouldn't want to uh pass on something because we didn't we didn't do our due diligence with getting industry different uh coalition groups to come in and educate us.

So I think that sounds wonderful.

Awesome.

Any further questions?

If none, again, I will uh make my own motion to um direct staff uh along with what uh commissioner Ericsson has suggested in terms of time frame.

Is there a second?

Second.

All right, any further discussion?

Hearing none, we'll go ahead and vote.

Jorgensen.

Yes, Zundal, yes, Erickson, yes, Steadman, yes, Jerdovik.

Yes.

All right, our city administrators report.

Dustin Scott, City Administrator.

Well, good evening, Mayor and Commissioners.

It's great to see fresh new faces up there.

Uh looking forward to working with all of you.

Just a few updates tonight.

Uh first the uh first draft of the preliminary budget as has been scheduled will be uh in front of you at the next commission meeting.

That again is the first draft of the entire preliminary budget.

What we presented last month uh to the prior commission was really just an outline and an estimated uh position line.

So what you'll see on July 20th will be a lot more detail as it will be again our preliminary budget.

So uh in the coming days and over the next couple weeks prior to that meeting, you will receive a lot of budget information.

That'll be all of the departmental detail as well as some of the other uh the special funds that we have and really all of the meat of that budget so that you are fully prepared to uh provide feedback and comments at the July 20th meeting.

Any questions on the preliminary budget?

Right along the financial lines, uh update on our 2025 annual audit.

Uh work is uh progressing nicely.

We hope that I'd Bailey could even have a draft ready for that July 20th commission meeting as well.

Our finance director Willie is gonna touch base with him here and and solidify that schedule.

If not, hopefully the uh first meeting in August.

So uh again, things are going well with our 2025 audit.

And last, uh just more of a save the date announcement.

We are planning to hold our annual employee appreciation event September 24th.

That is a Thursday.

And similar to last year, we are proposing to hold this at the city plaza at the lights.

Pending weather.

If there is bad weather, we will pivot uh to a backup plan.

Uh but right now just save the date for September 24th at the lights.

With that, any other questions for me?

All right, thank you.

Correspondence in our mailboxes.

All right.

Any non-agenda items?

Do we have a motion to adjourn?

Uh so moved.

Second.

Second.

All right.

We stand adjourned.

25 minutes.

Not bad.