May 19, 2020
5:00 PM

The City Commission Meeting began on Tuesday, May 19, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2^nd Avenue NE, Valley City, ND. Members of the public were not permitted in the Commission Chambers due to COVID-19 and as allowed in ND Executive Order 2020-16. Members of the public could view the meeting online (https://zoom.us/j/97740454720) or listen by calling (669) 900-9128 Webinar ID: 977 4045 4720.

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

Members Present: Commissioner Magnuson, Commissioner Bishop, Commissioner Powell, Commissioner Erickson (joined at 5:08 PM by Zoom)

Members Absent: Commissioner Erickson.

Others Present: City Auditor Richter, City Attorney Martineck, Police Chief Hatcher. Those appearing by Zoom/phone included Chad Petersen from KLJ, Wesley Wintch (VCSU), Greg Stroeing (Love’s Addition), Chris Johnson (Love’s Addition), Gwen Crawford.

Approval of Agenda – Addition of N8; O3 Moved to N9

Approval of Minutes

Commissioner Powell moved to approve the minutes from May 5, 2020 meeting, seconded by Commissioner Bishop. Commissioner Bishop requested correction that the President Carlsrud voted nay on the parade application. Motion carried.

Approval of Consent Agenda

1. Approve Raffle Permit for Fraternal Order of Police James Valley Lodge #4, ND Red Knights

Commissioner Bishop moved to approve the consent agenda, seconded by Commissioner Magnuson. The motion passed unanimously.

Public Comments

There were no public comments.

Ordinance

Approve second and final reading of Ordinance No. 1055, an Ordinance Rezoning West ½ of Lot 10, East 74.25’ of Lots 11 & 12, Lots 13 and 14 less the North 105’, and Lot 15 of Block 3, Andrus & Sifton’s Addition for VCSU Center for the Arts

City Attorney Martineck reported that there were no changes from the first reading and that this provides rezoning from residential to public. Commissioner Magnuson moved to approve second and final reading of Ordinance No. 1055, seconded by Commissioner Powell. The motion passed unanimously.

Approve first reading of Ordinance No. 1056, an Ordinance Repealing Section 2-04-03 of V.C.M.C., relating to residency requirements of appointive officers and employees of city

Commissioner Bishop moved to approve first reading of Ordinance No. 1056, seconded by Commissioner Magnuson. The motion passed unanimously.

Resolution

Approve Resolution No. 2255, a Resolution Approving Plat of Love’s Addition (63-2601150)

City Attorney Martineck reported the application for the Plat of Love’s Addition was reviewed by Planning & Zoning Commission on May 13. The subdivision was approved with no conditions by Planning & Zoning Commission. Commissioner Magnuson moved to approved Resolution No. 2255, seconded by Commissioner Powell. The motion passed unanimously.

Commissioner Erickson appeared by Zoom at 5:08 PM.

Approve Resolution No. 2256, a Resolution Approving Replat of Lot 5, South Valley Addition

City Attorney Martineck stated that Planning & Zoning Commission received a replat request for Lot 5, South Valley Addition. Martineck stated that by approving the replat, the City Commission, is also approving a variance as the frontage feet is 51’ instead of the required 100’. Commissioner Bishop moved to approve Resolution No. 2256, seconded by Commissioner Magnuson. The motion passed unanimously.

New Business

Approve proposed Ordinance No. 1058 for publication, an Ordinance Creating Title 20-04.01 to Extend City Sales, Use & Gross Receipts Tax dedicated to Permanent Flood Protection

City Attorney Martineck reported the City Commission previously passed a resolution to place the extension on the ballot for the June election. This ordinance is for publication in the newspaper but won’t be on the agenda for first reading until after the election.

Commissioner Bishop moved to approve, seconded by Commissioner Powell. The motion passed unanimously.

Approve July 1, 2020 – June 30, 2021 Annual Gaming Site Authorization for the following

1. Valley City Baseball Association at The Clubhouse Lounge
2. Valley City Hockey and Figure Skating Club at Valley City Town & Country Club
3. Valley City Hockey and Figure Skating Club at Youth Sports Complex

Commissioner Magnuson moved to approve, seconded by Commissioner Bishop. The motion passed unanimously.

Consider Police Officer COVID-19 hazard pay

Police Chief Hatcher requested $500 additional pay per month for nine police officers who are in the field. Hatcher has funds available through officer vacancies. Hatcher is requesting authorization for three months from March 15 to June 15. Hatcher reported increased percentage of calls for domestic violence and substance abuse over the same time last year.

Commissioner Powell moved to approve as requested, seconded by Commissioner Bishop.

Roll call: Powell – aye; Bishop – aye; Erickson – nay; Magnuson – aye; Carlsrud – aye. Motion carried.

Consider options for street light fixtures on 5^th Avenue NW

Commissioner Erickson reported support for acorn lights from Jeff Edwards [Streetscape Committee Chair] & Bobby Koepplin [Streetscape Committee & Beautification Committee Member]. Erickson prefers lanterns as light disperses downward. Erickson recommends lanterns be installed.

Commissioner Erickson moved to purchase lanterns, seconded by Commissioner Bishop. The motion passed unanimously.

Consider Construction Engineering Agreement with KLJ for Paving Improvement District No. 121 – 2020 Seal Coat

Chad Petersen from KLJ requested approval of the construction engineering agreement for the 2020 seal coat project which includes five areas in town. Work is scheduled to begin in mid-June. The contract is an hourly not to exceed capped at $11,500.

Commissioner Bishop moved to approve the agreement, seconded by Commissioner Magnuson. Roll call: Magnuson – aye; Erickson – nay; Powell – aye; Bishop – aye; Carlsrud – aye.

Consider Construction Engineering Agreement with KLJ for Water Main Improvement District No. 101 – 5^th Ave NW

Commissioner Magnuson moved to approve agreement, seconded by Commissioner Powell. The motion passed unanimously.

Consider projects for 2021 North Dakota Water Development Plan

Chad Petersen from KLJ stated the State Water Commission requests a development plan every two years. This document has been updated with costs for 2021 water projects. Submission of the plan makes the projects a higher priority for cost-share requests through the State Water Commission. Funding needs to be available for a project to proceed. 

Commissioner Bishop moved to approve, seconded by Commissioner Magnuson.

Chad Petersen from KLJ stated the information will be presented to SWC.

The motion passed unanimously.

Approve Purchase Agreement re Auditor’s Lot 1 in the SW ¼, Section 27, Township 140, Range 58, between George Gaukler and Bridgetown Development LLP

City Attorney Martineck reported that the agreement is for the Waterfront Meadows plat. Auditor’s Lot 1 will be 8^th Avenue. The agreement states that the City will not charge any tap fees in the future. Martineck stated the City has no expenses for this portion of 8^th Avenue so there would be no expenses to recover.

Commissioner Magnuson moved to approve, seconded by Commissioner Bishop. Roll Call: Erickson – aye; Bishop – aye; Powell – abstained due to conflict of interest; Magnuson – aye; Carlsrud – aye. Motion carried.

Discuss Ordinance Creating a Mobile Vendor License

City Attorney Martineck reported the mobile vendor license is currently addressed in both Title 8 & Title 11. Based on the changes recommended, the most appropriate process is for the Planning & Zoning Commission to review the ordinance at its June meeting.

Commissioner Erickson requested coordination with state so that sales tax can be collected. Commissioner Magnuson recommended a fee be charged. Commissioner Bishop concurred.

City Updates & Commission Reports

Fire Chief Magnuson reported the VCFD continues celebrations. Magnuson reminded the public that open fires require diligence due to the dry conditions.

Police Chief Hatcher thanked the VCFD & VCPW for their work to clean up the broken road area. Lights and cameras will be installed.

Chad Petersen from KLJ stated that PFP Phase III concrete walls are being poured. 5^th Avenue NW recycled material is begin removed from the roadway; KLJ has received some dust complaints – contractor will address. Bank Forward called regarding use of parking lot to access the streets – KLJ will install signs to help minimize.

President Carlsrud thanked VCFD & VCPW for efforts on broken road.

Adjourn

Meeting adjourned at 5:43 PM.

The City Commission Meeting meet on Tuesday, May 5, 2020 at 5:00 PM CT, via Zoom. Board Members may attend from alternate locations to minimize group size and contact, as recommended by state and federal government officials due to COVID-19 and as allowed in ND Executive Order 2020-16. Members of the public may view the meeting online (https://zoom.us/j/98790731637) listen by calling (312) 626-6799 Webinar ID: 987 9073 1637.

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

Members present: Commissioner Magnuson, Commissioner Powell, Commissioner Erickson, Commissioner Bishop.

Others present: City Auditor Richter, City Attorney Martineck.

Approval of Agenda – Addition of Consent D; N11

Approval of Minutes

Commissioner Powell moved to approve the minutes from the April 21, 23, 28, 2020 meetings; seconded by Commissioner Magnuson. Motion carried.

Approval of Consent Agenda

1. Approve Monthly Reports from the Fire Chief, Building Inspector, Auditor, Municipal Judge and Public Works Accountant.
2. Approve Monthly Bills for the City and Public Works in the Amount of $2,291,417.29
3. Approve Electrician, Plumber and/or Mechanical Contractor licenses for
   1. Kemen Plumbing & Heating, Inc
   1. Tyler’s Electric, LLC
4. Approve Raffle Permit for ND Appaloosa Horse Club

Commissioner Erickson inquired about Kemen Plumbing & Heating application. City Attorney Martineck stated the Building Inspector is recommending approval.

City Auditor Richter discussed the monthly bills which included $1.1 million for debt service, TIF payments and purchase of 6 roll-off containers for the Transfer Station.

Commissioner Erickson moved to approve the consent agenda, seconded by Commissioner Magnuson. The motion passed unanimously.

Public Hearing

Public Hearing to Rezone for public use the VCSU Center for the ArtsPresident Carlsrud declared the public hearing open. There were no comments. Commissioner Magnuson moved to close the public hearing, seconded by Commissioner Bishop. Motion passed unanimously.

Approve first reading of Ordinance No. 1055, an Ordinance Rezoning West ½ of Lot 10, East 74.25’ of Lots 11 & 12, Lots 13 and 14 less the North 105’, and Lot 15 of Block 3, Andrus & Sifton’s Addition for VCSU Center for the Arts

Commissioner Bishop moved to approve Ordinance No. 1055, seconded by Commissioner Powell. The motion passed unanimously. City Attorney Martineck thanked VCSU for attending the meeting and stated the ordinance will be considered for second reading in two weeks.

Ordinance

Approve second and final reading of Ordinance No. 1053, an Ordinance Rezoning Block 3, Plecity Mobile Home Park Addition

City Attorney Martineck stated that Block 3 will be rezoned from mobile home use to commercial use for a storage building and workshop with no changes from the first reading. Commissioner Magnuson moved to approve second and final reading of Ordinance No. 1053, seconded by Commissioner Erickson. The motion passed unanimously.

Approve second and final reading of Ordinance No. 1054, the 2020 Infrastructure Funding Ordinance

City Attorney Martineck stated the purpose is to provide up to $150,000 for infrastructure funding for areas newly annexed to the City.

Commissioner Magnuson moved to approve the second and final reading of Ordinance No. 1054.

Commissioner Powell stated he voted no on the previous reading, as he’d like to see access to funding for developers within city limits to pay off special assessments to promote vacant lots. City Attorney Martineck stated if funding is available through Prairie Dog funding, this could be considered. Commissioner Magnuson said he would encourage in-fill development in the future.

The motion passed unanimously.

Resolution

Approve Resolution No. 2251, a Resolution Approving Plat of Waterfront Meadows

City Attorney Martineck stated the plat is for a new subdivision south of I-94 and was previously presented to the Commission. Since that time, the developer agreement has been signed and an agreement with Barnes Rural Water District has been signed. Martineck stated that annexation of 8^th Avenue still needs to occur, this will provide access to the subdivision. Martineck stated that proof of insurance and cash bond will be required to move forward. Martineck recommends approval contingent upon annexation of 8^th Avenue, proof of insurance and cash bond.

Commissioner Magnuson moved to approve Resolution No. 2251 with contingencies as stated, seconded by Commissioner Bishop.

Roll Call: Powell – abstain; Erickson – nay; Bishop – aye; Magnuson – aye; Carlsrud – aye. Motion carried.

Approve Resolution No. 2253, a Resolution accepting Bid and Awarding Contract to Strata Corporation for UGP-2-999(051) – Streetscape Phase II

Commissioner Erickson moved to reject all bids and re-bid the project in October 2020, seconded by Commissioner Bishop.

City Auditor Richter stated that the project has been reviewed by City Staff as the results are $750,000 over the planned local cost share estimated in 2018. Richter stated more work is needed than anticipated. The R&R fund does not have funding available. Chad Petersen from KLJ stated the extra work is due to ADA requirements; encroachment issues; moving curb lines; and replacing more concrete than originally expected. Petersen will review if additional funds area available to offset the additional expense and plan to re-bid this fall for construction in 2021.

The motion passed unanimously.

Approve Resolution No. 2254, a Resolution Approving Renaissance Zone Development Plan for 2020 – 2025

Emma Tufte reported the Renaissance Zone Authority Board met and provided a do pass recommendation for the Development Plan. Tufte reviewed the process to date which has included a public hearing that was held on December 9, 2019. Property owners within the Zone were notified of the renewal process and no requests were received to change the Zone mapping. The Board considered the possibility of expanding near the University District but chose to take no action. The Zone map remains unchanged from the 2015 version of the map.

The Renaissance Zone Authority Board had received request prior to the renewal process to increase the single-family residence exemption cap to $300,000 and in this renewal process is recommending that change be made. Tufte noted that with the approval of this Resolution, the City Commission policy will be changed to reflect increased cap.

The renewal request has been presented by Chair Knutson to the Barnes County Commission and

Valley City Public School board for consideration and received support.

Commissioner Powell moved to approve Resolution No. 2254, seconded by Commissioner Erickson. The motion passed unanimously.

New Business

Approve Recommendations from Renaissance Zone Authority Board for 5 year income tax exemption and 5 year property tax exemption up to $250,000 for the following projects

1. VC-123 at 461 12 ½ Street NE
2. VC-124 at 441 12 ½ Street NE
3. VC-125 at 554 Legacy Lane

Commissioner Bishop moved to approve the Renaissance Zone projects, seconded by Commissioner Magnuson. The motion passed unanimously.

Consider Parade Application for VCHS Class of 2020 on May 13, 2020 at 6:30 PM on Central Avenue from Hanna Field to Main Street
City Attorney Martineck brought the application to the City Commission under New Business due to COVID-19. Gina Thorton was available on Zoom and provided background regarding their plans. Students will be in their own cars. Commissioner Magnuson asked Thorton to advertise the event with request for public to adhere to social distancing guidelines. Commissioner Powell moved to approve the parade, seconded by Commissioner Erickson. Roll call: Erickson – aye; Powell – aye; Magnuson – aye; Bishop – aye; Carlsrud – nay. Motion carried.

Consider Recommendation from Visitors Committee for a Food & Beverage grant in an amount not to exceed $42,079 for Kayak & Bike Kiosk Project from Sheyenne River Valley Scenic Byway

Bobby Koepplin appeared by Zoom, to reviewed the request. The project also includes money from the Bush Grant prize. A kayak kiosk will be installed at Bjornson Golf Course and a bike kiosk at Gaukler Wellness Center. Valley City Park & Rec has agreed to operate and maintain the kiosks for 5 years.
Commissioner Erickson moved to approve the grant request, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Agreement between City and Bridgetown Builders Inc. for development of Waterfront Meadows Subdivision
City Attorney Martineck reported plat has been approved, infrastructure funding ordinance approved, this agreement now sets forth the requirements for infrastructure development to and within the development. Martineck stated requirements for … Martineck recommends approval. Donny Eberle clarified the agreement is with Bridgetown Develop, LLP.

Commissioner Magnuson moved to approve, seconded by Commissioner Bishop. Roll call: Bishop – aye; Magnuson – aye; Erickson – aye; Powell – abstain; Carlsrud – aye. Motion carried.

Consider Engineering Agreement with KLJ for Water, Sewer and Roadway Extension to Waterfront Meadows in an amount not to exceed $20,500.

Chad Petersen from KLJ stated that this for engineering work to extend water, sewer and roadway to Waterfront Meadows. This is an hourly not to exceed contract for design and construction engineering work. Commissioner Erickson asked for clarification regarding this expense. Chad Petersen from KLJ clarified that this is included in the $150,000 set aside for the project.

Commissioner Magnuson moved to approve agreement, seconded by Commissioner Powell. The motion passed unanimously.

Consider Amendment to Agreement for Permanent Flood Protection Phase IV – Preliminary Engineering for CLOMR

Chad Petersen from KLJ stated the State Water Commission has approved reallocation of funding to provide for CLOMR with a cost share of 85% SWC; 15% local cost share. The contract is hourly not to exceed.

Commissioner Magnuson moved to approve the agreement, seconded by Commissioner Bishop. The motion passed unanimously.

Consider bid for cable in conduit from Resco in the amount of $11,070 for 5^th Avenue NW lighting project

President Carlsrud presented the request to purchase on behalf of Marshall Senf. Commissioner Bishop moved to approve the purchase, seconded by Commissioner Magnuson. The motion passed unanimously.

Consider ending 2020 Spring Flood declaration

City Auditor Richter reported that on March 3, the City made the 2020 spring flood declaration. City Auditor Richter stated there was $35,000 in expenses from VCPW for pump usage and some overtime; with minimal engineering. Differding does not anticipate additional expenses as pumps have been pulled. Commissioner Powell moved to end the 2020 Spring flood declaration, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Annual Gaming Site Authorization for Thundering Saints, Inc. at Boomer’s Corner Keg for July 1, 2020 to June 30, 2021

Commissioner Magnuson moved to approve, seconded by Commissioner Erickson. The motion passed unanimously.

Consider waiving alcoholic beverage licenses fees for six months for businesses closed by the Governor’s order

Commissioner Magnuson stated the Commission has been approached by licensees to consider waiving licensing fees. Magnuson recommended waiving the first six months of the license fees [July 1, 2020 – December 31, 2020] and then re-evaluate.

Commissioner Bishop moved to approve waiving alcoholic beverage licensing fees forsix months for businesses closed by governor’s order, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve employment contract with City Administrator appointee Gwendolyn Crawford
President Carlsrud stated a contract has been offered for the City Administrator position to Gwendolyn Crawford. Commissioner Bishop expressed concern regarding the starting salary as $80,000 discussed but the contract reads $82,000. Candidate requested one more year step increase which raised it by $2,000.

Commissioner Powell moved to approve as stated; seconded by Commissioner Magnuson.

Roll call: Magnuson – aye; Erickson – nay; Powell – aye; Bishop – nay; Carlsrud – aye. Motion carried.

City Updates & Commission Reports

Commissioner Powell thanked Gina Thorton for organizing the parade for high school seniors and encouraged the public to use common sense.

City Attorney Martineck expects conversation about the [COVID-19] employee policy that employees are under that are tighter than state requirements.

City Auditor Richter stated city hall is working towards a smart restart including installation of Plexiglas.

Chad Petersen from KLJ reported work continues for Phase IIA & III Permanent Flood Protection. 5^th Avenue NW project will begin May 11. KLJ is working with VCPW to adjust garbage pickup and communicate with property owners this week.

Commissioner Bishop thanked city employees.

Commissioner Magnuson acknowledged VCPD & VCFD for efforts. Enjoyed the banners on city streets for the 2020 seniors.

President Carlsrud stated that things are more open, but requires continued discipline for wise decisions. Thanked Kristi Brandt and VCPW Electrical Department for efforts in putting banners up around town. Thanked employees.

President Carlsrud welcomed Gwen as new City Administrator.

Adjourn  at 6:00 PM.