11/17/2020 Commission Meeting Minutes

President Carlsrud called the meeting to order at 5:00 PM.

Members present: President Carlsrud, Commissioner Magnuson, Commissioner Bishop, Commissioner Erickson, and Commissioner Gulmon.

Others present: City Administrator Crawford, City Attorney Martineck, Finance Director Richter, Deputy Auditor Klein, PW Accountant/Manager Jacobson, Fire Chief Magnuson, Police Chief Hatcher, Chad Petersen from KLJ, City Assessor Hansen.

Approval of Agenda

Remove Consent Agenda A.

Approval of Minutes

Commissioner Bishop moved to approve the 10/20/2020 minutes seconded by Commissioner Magnuson.  Motion carried.


Shop Small Proclamation was read by President Carlsrud.

Approval of Consent Agenda

A.  Approve Chamber of Commerce Parade Permit. -Removed

Public Comments

There were no public comments.


1.  Approve first reading of Ordinance No. 1067, an Ordinance creating and enacting Section 19-01-08 of Valley City Municipal Code re penalty for violation of City emergency orders. (City Attorney Martineck)

City Attorney Martineck stated our emergency declaration ordinance lacks a penalty clause.  This would allow the city to enforce the emergency orders that are in place.  Recommendation violation of any emergency order now or in the future would be an infraction with a maximum penalty of $1,000.

Commissioner Gulmon motioned to approve, seconded by Commissioner Bishop.  Motion carried.

2.  Approve first reading of Ordinance No. 1068, an Ordinance Amending and Reenacting Sections 8-06-07 and 8-06-12 of the Valley City Municipal Code, related to removal of stumps and renewal of licenses.  (City Attorney Martineck)

City Attorney Martineck stated it was recommended earlier this year that some changes be made to the ORD.  The first change would be when a tree is removed the stump has to be removed within three weeks.  There would be consequences for any licensed tree remover failed to comply.  They could lose their license, suspend or not renew for the following year.

Commissioner Bishop motioned to approve, seconded by Commissioner Erickson.  Motion carried.

New Business

1.  Approve Small Projects Funding for Oct. 1, 2020-September 30th, 2021- $20,000. (Jennifer Feist)

Jennifer Feist stated we use these dollars to help pay for taxes and special assessments.  The balance is then used for new projects and a little bit of maintenance.

Commissioner Gulmon motioned to approve, seconded by Commissioner Magnuson.  Motion carried.

2.  Approve Resource Development Specialist – Funding Increase – $4,000.  (Jennifer Feist)

Jennifer Feist stated we typically secure for 3 years at a time.  This is the last year for that time frame and we would like an increase.  We will look at the next three years when we get a little closer to that time.

Commissioner Bishop motioned to approve, seconded by Commissioner Gulmon.  Motion carried.

3.  Approve R&R Coordinator – Funding Increase – $10,000/year for two years.  (Jennifer Feist)

Jennifer Feist stated this is a recruiting and retention position.  This has been funded internally for the first two and a half years to make sure it is a valuable position and people would use it. It has proven very valuable and companies are wanting and needing.  We have had significant changes with the overhead, specifically we are adding healthcare benefits for this position.

Commissioner Bishop motioned to approve, seconded by Commissioner Gulmon.  Motion carried.

4.  Consider Accepting Project No. UGP-SU-2-990(057), PCN 22043-CPR-Streetscape Phase I – Central Ave N.  (KLJ)

Chad Petersen from KLJ this project was completed in 2019.  A final review was completed last fall with the NDDOT and city representatives.  All work has been completed and as a final project close out for the NDDOT the city needs to accept the project.

Commissioner Magnuson motioned to approve, seconded by Commissioner Gulmon.  Motion carried.

5.  Consider Accepting Project No. SU-SS-2-990(053)057, PCN 21095 – Storm Sewer Improvement District No. 50 (KLJ)

Chad Petersen from KLJ stated this project was an NDDOT Urban Roads project finished in 2019.  A final inspection has been completed.  In order to close out the project we need the City to accept it.

Commissioner Gulmon motioned to approve, seconded by Commissioner Bishop.  Motion carried.

6.  Approve City Engineer Selection Committee Final Report.  (City Administrator Crawford)

The City created a description of the proposed project and prepared a formal invitation to the firms that submitted.  The City determined that three were entitled to interviews based on the qualifications.  The firms were all asked the same questions and ranked based on the responses.  KLJ/Moore Partnership was ranked number one.  From here if approved the City commences with negotiations.  If we are unable to come to an agreeable contract we would move to the second party. 

Commissioner Erickson commented that he feels KLJ should be taken out of it for number 9 (regarding the willingness to forego submitting RFP/Q’s for City projects).  He feels there will be conflict of interest if they are the City Engineer and doing the projects.

Commissioner Magnuson stated he is finding it difficult to spend the money on any firm to hire as a consultant to tell us what needs to be done.  There is a way to request RFP/Q’s the same way we are doing on 6th street.

Commissioner Bishop questioned if the building inspecting fees were passed on to the person building.

City Attorney Martineck stated the City recently passed a resolution allowing those fees to be passed on to the builder for commercial projects.  On residential we still see the costs.

Commissioner Gulmon motioned to approve, seconded by President Carlsrud.

Roll Call: Magnuson-aye          Bishop-nay      Gulmon-aye     Erickson-nay    Carlsrud-aye

Motioned carried.

Next steps will be to assemble a negotiation and set up a meeting with KLJ and Moore reps.

7.  Discuss Mask Plan Emergency Order.  (President Carlsrud)

President Carlsrud stated one of the discussions was going to be to address the penalty but that was already done so this can be a discussion for anything related to the mask mandate.

City Administrator Crawford commented on the committee that was formed for the large group events stating the committee is fine but the final decision should still be brought in front of the Commission.

President Carlsrud requested City Administrator Crawford develop a form based on the questions they have seen come through and see where it goes from there.

City Administrator Crawford also mentioned with the mandate that we can be stricter but not more lenient so with the Governors changes to the emergency we need to decide what we want to do.

Commissioner Gulmon motioned to follow the Governor’s order.

City Attorney Martineck stated he would draft an amendment to the emergency order.

Commissioner Erickson motioned to abide by the Commissioner’s orders and amend the agenda, seconded by Commissioner Bishop.  Motion carried.

President Carlsrud stated in a previous discussion it was mentioned partnering with City County Health on sharing expenses on the campaign for the masking but since that time we have the Governor’s order.  That has changed some of the necessity for the marketing.

Commissioner Bishop questioned if the Governor was going to help with the funding to advertise.

Finance Director Richter stated she was not aware of any additional funding being available.

President Carlsrud stated he support collaborating with the CCH but feels the numbers need to be reevaluated due to the recent changes.

8.  Discuss Liquor Licenses.  (Commissioner Magnuson)

Commissioner Magnuson stated he was asked due to the recent deduction in capacity and earlier closings if the City would be willing to waive the liquor license for the remainder of the year.

Commissioner Magnuson motioned to forgo the second half of the liquor licenses for bars and restaurants excluding off sales, Commissioner Gulmon seconded.

President Carlsrud asked if there was any thought regarding as previously mentioned waiving a portion.

Commissioner Magnuson amended his original motion to reflect waiving half of the second installment, seconded by Commissioner Gulmon.

Motion passed.

9.  Approve Preliminary Engineering Reimbursement Agreement with NDDOT (Project No. NHU-2-094(175)928, West I-94 Business Loop hill slide).  (City Administrator Crawford)

City Administrator Crawford stated the cost will be about $1 million broken down as $809,300 federal, $90,700 state and our local share would be $100,000.  We have to sign the agreement going forward stating we will take care of our local share.  If we backed out of the agreement we would be responsible for the DOT share along with our portion.

Commissioner Bishop motioned to approve, seconded by Commissioner Magnuson.  Motion carried.

10.  Approve Tobacco Permit for Loves Travel Stop & Country Stores, Inc.  (Finance Director Richter)

Finance Director Richter stated we are allowed to have 14 tobacco licenses in town, Love’s would be the 14th due to Shopko closing.  They have submitted the application but no payment.

Commissioner Magnuson motioned to approve pending payment, seconded by Commissioner Gulmon.  Motion carried.

City Administrator’s Report

City Administrator Crawford stated evaluations will be completed on the anniversary dates of the employees.

Tina is working on a recycling campaign.

December 15th the metal recycling bin will be moved across from the City Dump.

City Updates & Commission Reports

Public Works Manager Gary Jacobson sated he will be setting up meeting with the portfolio holders for the Public Works budget so that can be on the Finance agenda.

Police Chief Hatcher stated Brandi has been out and about, there have been a lot of vehicles out on the street and she is working on getting them cleaned up.  Several of the big projects we have had are getting cleaned u, some of the other properties are coming up on their 30 days so we will be counting on the city crew to help with those if needed.  If you see junk piling up on the street or properties give the Police Department a call.

Commissioner Gulmon thanked Theresa and staff at City County Health for providing the assistant to the community and council for us.  Wishing everyone a Happy Thanksgiving.

Commissioner Erickson commented for everyone to be safe and wear your mask.

Commissioner Bishop wishing everybody a happy and blessed Thanksgiving and stated to be safe. 

Commissioner Magnuson stated to have blessed Thanksgiving and wear your mask.  We still have some beautiful days so get out and walk.

Mayor Carlsrud thanked the cities and employees for their efforts in regards to the mask mandate. Thanksgiving is coming, be safe.  Household spread is one of the biggest downfalls we have.  Make sure you take the cautions that are available to you.

Meeting was adjourned at 6:50 PM

Posted in Announcements, City Commission Minutes.