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, City Assessor Hansen, Fire Chief Magnuson, Police Chief Hatcher, Sanitation Supervisor Swart, City Engineers Chad Petersen and Tracy Eslinger, Jennifer Feist, Tyler Marthaler, Tony Shooshani

Approval of Agenda

Remove contingency on NB-5

Approval of Minutes

Commissioner Magnuson moved to approve the minutes from the January 19th meeting, seconded by Commissioner Gulmon.  Motion carried.

Approval of Consent Agenda

A.  Approve Electrician, Plumber and/or Mechanical Contractor License(s) for the following businesses:

1. Bakkegard & Schell, Inc.
   1. Peterson Mechanical Inc.
   2. Kohn Electric LLC
   3. Enterprise Electric, Inc
   4. Keith’s Air Conditioning, Refrigeration & Heating, Inc.
   5. Hi-Line Electric, Inc.
   6. Bentsen Electric
   7. Dakota Electric Construction
   8. Hope Electric
   9. Scott’s Electric
   10. BDT Mechanical

1. Approve Raffle Permit for the following:
   1. Dakota Plains Ag
   2. Valley City Music Boosters
   3. District 24 Republicans

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

Ordinance

Approve first reading of Ordinance 1073, an Ordinance enacting new section of Valley City Municipal Code related to demonstrations and assemblies. 

City Attorney Martineck stated based on some of the activity in town that we’ve seen over the last 9-10 months it seems we’re at the point where we need to regulate the way people are picketing and protesting.  A lot of research went into this to protect people’s freedom of speech but when it gets to the point that it turns into harassment and threatening behavior we have to start looking at it differently.  This ordinance puts restrictions on time sand places where a person can set up to protest or picket.  If they do plan to set up a picketing or protesting event they’re supposed to notify the PD in advance.  If there’s any intent to use a noise amplifying device that would be prohibited during certain hours.  It’s basically put in place to protect the public that’s coming into City Hall and other government buildings, schools and the court house.  They are here to do legitimate business and it is here to protect the employees and other officials that work at those places so they can get their work done without being harassed at those places.  Anybody that violates this ordinance would be guilty of an infraction which has a maximum of a $1000 fine, no jail time involved so it would be up to the court to determine what the fine would be.      

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

New Business

Approve the VCBCDC request for $16,254.

Jennifer Feist stated we had received approval for small project funding.  I should have included the I-94 corridor, the property we own.  We do pay taxes out of that fund for a couple of other properties so this would reimburse us for $8,000 last year and the $8,500 this year.  What we’ll end up doing is just return the 2020 dollar amount to the taxing authorities.

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

Approve changing the April 20^th Commission meeting to April 19^th to allow for NDLC training.

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

Approve to move forward with 2021 Main Street Seal Coat Project.

City Administrator Crawford stated going forward as a project is done we will have a motion that straight out says what is being approved to make it easier if we have to track it back.

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

Discuss City Mask Plan.

President Carlsrud stated our mask mandate expires so we have three choices.  We can wait until Friday and allow it to expire, have action today to end it today or have action to extend. 

Commissioner Magnuson moved to ending it today, seconded by Commissioner Bishop.  Motion carried.

Commissioner Gulmon stated recently the CDC had a statement that they are encouraging people to wear masks to mitigate the COVID.  Speaking with Theresa at CCH she had indicated that out of 1291 people over 75 about 51% had been vaccinated, and from 65-74 almost 31% had been vaccinated.  There is certainly reason to still wear masks to protect those vulnerable people but I understand that we’re getting tired and maybe need to take a break.  If the numbers go back up we may need to address it again.

City Attorney Martineck stated we had the original emergency COVID declaration back on March 17^th and then we had the mask plan emergency order that went into place on October of last year.  My understanding is that the motion made today will end the mask plan but leave the original emergency plan in place.  If that is not the intent we would want a clear motion of what the intent was.

Commissioner Magnuson clarified his motion is to end the mask mandate, seconded by Commissioner Bishop.  Motion carried.

Approve Recommendation from Renaissance Zone Authority Board to approve application by Valley Bridges Properties, LLC at 753 8 ½ Ave NW for the 5 year property tax and 5 year income tax exemption up to $300,000 for construction of new home and designate it as VC-127.

Finance Director Richter stated we received the Certificate of Good Standing so we remove that contingency.

Tyler Marthaler from the RZ Board stated Tony Shooshani is the owner of Valley Bridges Property is on the call as well and can answer questions.

Commissioner Gulmon questioned that he thought the maximum was $250,000.

Finance Director Richter stated the increase was approved by Commission action.

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

City updates & Commission Reports

City Administrator Crawford updated that the Chamber Bucks promotion is going well.  There were a few people that were having issues getting in there between 9-3 and if there is anyone that cannot make it between those times they need to call the Chamber and they will make arrangements to help them.  We are also working with a company called LoadPass.  It’s a group out of western ND that has been slowly making their way east.  They do the overweight permits for you.  Previously we charged $25 for someone that called in for an overweight permit but we weren’t charging for the actual fees for the overweight portion. LoadPass would do that for us.  We’ve been working with Clint and Kevin on a list of things we think are necessary and issues they have for the water tower.  Once we get that we will bring in KLJ/Moore to go over that when it’s complete.  Brenda has been working with KLJ/Moore on getting the information out for the 7^th Ave project.  In the information we will include that PW is testing for lead lines and there may be some money available for reimbursement to those that replace them and also shallow lines.  Also want to thank all the employees that have been out in the cold weather.   

City Attorney Martineck stated if you recall at the last meeting we had the first reading of the ordinance regarding wireless communication technology.  We have received a lot of good feedback regarding the provisions that went into the ordinance and the contract with DOT.  Hopefully we will have all the issues resolved and put in front of the commission in March again

Finance Director Richter stated in a previous meeting we had an application request for a PILOT for Trademark Tooling which was approved contingent on receiving the a copy of the lease on the building.  We have received it and will be setting up for a public hearing.

Sanitation Supervisor Swart added that we are still looking for a Sanitation Specialist I so if you know anybody please send them our way.  Thank you to our garbage crew for all their hard work and being able to muddle through all this cold weather.

Fire Chief Magnuson just a reminder it is still cold out.  Check your sewer and furnace vents and remember to change your filters.  Also add water to your drains to keep the sewer gas from coming up.

Chad Petersen stated 6^th St NW we had a scoping meeting and discussed the vision for that project.  We are currently working on the dates and times for the public involvement meeting which will probably be in March some time.

City Administrator Crawford added that we are doing the bid opening for the 7^th Ave project on February 26^th at City Hall.     

Commissioner Gulmon stated the Chamber Bucks that have been issued for the Love of Local program is $242,000 so there’s lots of opportunity left.  Shout out to Marshall and his staff for handling the recent mandatory blackouts that are happening.  I’m sure their phones were ringing off the hook.

Commissioner Erickson thanks to the city crews for working out in this cold.

President Carlsrud thanks to the employees in general for getting out in the cold and going to and doing your job.  Today was a unique experience in the electrical department.  It was levels above us and nobody had any control over the black outs.  The communication was poor but I assure you it was not the city that was causing the poor communication.  They have been working hard at getting any information they can. 

Adjourn

Meeting was adjourned at 5:48 P.M.

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, City Assessor Hansen, Fire Chief Magnuson, Police Chief Hatcher, Sanitation Supervisor Swart, City Engineers Chad Petersen and Tracy Eslinger, Jennifer Feist

Approval of Agenda

Addition NB4 and NB5

Approval of Minutes

Commissioner Magnuson moved to approve the minutes from the January 19th meeting, seconded by Commissioner Gulmon.  Motion carried.

Approval of Consent Agenda

A.  Approve Application for Raffle Permit for the Express Wrestling of Valley City for the activity dates of 1/1/2021-   6/30/2021.

B.  Approve Application for Raffle Permit for the Disabled American Veterans for the activity dates of 7/31/2021- 6/30/2022.

C.  Approve Application for Raffle Permit for Barnes County Ducks Unlimited for the activity date of 4/8/2021.

D.  Approve Application for Raffle Permit for El Zagal Sheyenne Valley Flag Corps for the activity date of       8/21/2021.

E.  Approve Monthly Reports from the Fire Chief, Building Inspector, Auditor, Municipal Judge and Public Works       Accountant.

F.  Approve Monthly Bills for the City and Public Works in the Amount of $1,261,010.33.

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

Ordinance

Approve Second and Final Reading of Ordinance No. 1070, an Ordinance Relating to the Annexation of Territory.

City Attorney Martineck stated no changes from the first reading.  This is related to the east interchange where Valley Plains Equipment is planning to build their dealership.  Recommendation is still to approve.

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

Approve Second and Final Reading of Ordinance No. 1071, Approving Rezone of Nextera Addition to the City of Valley City.

City Attorney Martineck stated this again is related to the Valley Plains Dealership.  A newly annexed territory was requested to zone as light industrial.  No changes from the first reading.  Recommendation is to approve.

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

Approve First Reading of Ordinance No. 1072, an Ordinance enacting a new section of the Valley City Municipal Code relating to Wireless Telecommunication Facility Guidelines.

City Attorney Martineck stated in 2018 the FCC passed regulations that made it easier for telecommunications companies to put up their wireless towers.  Mostly had to do with the fees the cities were charging and the restrictions the cities were putting on aesthetics and the times the cities were taking to process the applications.  Those are the things we really have control over but our ability to assess fees are limited, our control over what they look like is limited and our time to process the applications has to be 60 days or less.  The ordinance spells out everything we are allowed to do under the FCC’s guidelines.  As we move to the second reading of the ordinance we will be working with city staff and KLJ to come up with finalized guidelines before companies come in wanting to put towers up.

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

Resolution

Approve Resolution No. 2270, a Resolution Approving Final Plans and Specifications for Paving Improvement District No. 119 and Authorizing Engineer to Advertise for Bids.

Approve Resolution No. 2271, a Resolution Approving Paving Improvement District No. 119B and Authorizing Engineer to Advertise for Bids.

Approve Resolution No. 2272, a Resolution Approving Sanitary Sewer District No. 64 and Authorizing Engineer to Advertise for Bids.

Approve Resolution No. 2273, a Resolution Approving Storm Sewer District 52 and Authorizing Engineer to Advertise for Bids.

Approve Resolution No.  2274, a Resolution Approving Water Main District No. 100 and Authorizing Engineer to Advertise for Bids.

Finance Director Richter stated Resolutions 2270-2274 are all related to the 7^th Ave NW and 2^nd Ave NE project.  All five can be read and one motion and one role call is okay as long as you approve to move forward that way.

Mayor Carlsrud gave the okay.

Chad Petersen from KLJ stated this project was bid back in April of 2019.  Bids came in over estimate.  The City reevaluated and decided to hold off on the project.  Funds have become available and were allocated to this project.  One thing to note is that the bid date is anticipated within 45 days of approval.  The resolutions all note to hold all bids for up to 30 days.  Discussion with the ND DQ they recommend to have the option to hold up to 45 days post bid opening.

Commissioner Erickson questioned cost share.

Chad said the project is estimated at $3.8 million with $2.5 million of funds available thru the Prairie Dog Fund leaving approximately $1.3 local funds.  I don’t have what was estimated for special assessments.  A noted we have multiple improvement districts here.  For the street improvements the assessments are capped at the $123 and some change so that number will not change.  Utility Improvements, water and sewer, we have a combination of new services for water and sewer and then for the sewer we have mains that have been replaced but the services have not been.  New services on the water and mains are capped at $4,000 per hookup on the reline segments it’s capped half of the cost up to $3000 and then storm sewer were proposing to special assess at about $.05 per square foot.  There’s a large component of the drainage area that is outside of city limits which is one of the primary reasons we needed to get the funding for this project since those could not be special assessed.

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

Approve Resolution No. 2275, A Resolution Amending Master Fee Schedule-Residential Building Permit and Inspection Fees.

City Administrator Crawford stated they wanted to solidify the actual jobs our employees can do which would be the garage, decks and residential remodels involving structural changes.  The rest would stay as we needed it based on the person that was hired to do it.  We just need to make the change to make it match.

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

New Business

Approve the VCBCDC request for $10,000 for marketing.

Jennifer Feist stated we have had a couple of things happen just recently. We have had two of our companies bought out by major corporations.  We are needing to elevate the communication pieces we have because we are dealing with national and international companies.  We have done a good job marketing but we need to raise the bar.

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

Approve Gaming Site Authorization for Valley City State University Foundation on February 1^st, 2021 through June 30^th, 2021 at Brockopp Brewing.

Finance Director Richter stated this is another site VCSU is requesting. This is Brockopp Brewing’s first site.  We’ve had good success and compliance with VCSU’s gaming sites.

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

Review and Award bids for 2021 vehicle purchase.

City Administrator Crawford stated the request is to go forward with the bid from Miller Motors that was the lowest cost for the truck.

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

Approve offering a one-time bill credit of $5 for utility customers agreeing to go to paperless statements.

PW Manager Jacobson stated we have been migrating to new billing software for some time.  Part of that required us to change from the postcard billings to a full page mailing so we have an increased postage cost.  We also bought a stuffer to help get those mailing out.  One of the new functions in the software is to send emails to residents.  We’d like to run a campaign for any residents to allow us to email their bills to receive a onetime $5 credit.

Commissioner Erickson moved to approve, seconded by Commissioner Magnuson.  Motion carried.

Approve transferring $95,748 from the sewer fund to the water fund and transferring $136,175 from the electric fund to the street fund.

PW Manager Jacobson reported that we ended the 2020 year with two negative balances.  The water fund is mainly due to the large amount of repairs due to the water main breaks.  We budgeted a loss for the street department of about $258,000.  We came in at about $100,000 loss mainly due to the COVID money that was used.  The sewer fund has $1.3 million cash balance and since the water goes hand and hand with that we would like to use that.  For the street fund I’m asking for the funds to come from the electrical department which currently has $3.6 million. 

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

City updates & Commission Reports

City Administrator Crawford stated there are a few processes in PW that we found weren’t being done and some other things that would be best cost effective.  The first thing is when there is a bill it tells you there is a due date.  After the due date there is supposed to be a late fee.  That hasn’t been charged until they get billed again.  No one was actually getting that fee until they were billed again.  One of the changes is that we will actually be charging the late fees as we are supposed to.  The other part is after a bill goes out a couple days later a past due notice goes out.  From the bill being past due, 15 days later we say you’re going to be cut off.  We will be eliminating the notices.  We’re in talks about the little dam and things taking place there.  About a week ago we received an email that there will be some COVID money coming for R&R projects.  No action is needed at this time, just wanted to make you aware. 

Finance Director Richter stated with the Valley City CARES and the $200,000 we have allocated for that project, the checks are cut and will be issued to the Chamber.

PW Manager Jacobson just wanted to make everyone aware that the bills are now coming in paper form in an envelope, please do not throw them out.  We will also be putting information and notices on those bills so please read them.

President Carlsrud stated he received a letter from the Census Bureau stating the City of Valley City is a valuable member of the 2020 census community partnership and engagement program and thanking us for our participation.  Thank you Scott.

Fire Chief Magnuson we’ve had a lot of odor calls.  Check drains, sewer vents and CO2 detectors.

Sanitation Supervisor Swart gave a shout out to the sanitation department and the hard work they do.  Just a reminder we are looking for another crew member so if you know anybody send them our way.

Chad Petersen stated tomorrow will be our scoping meeting for the 6^th St NW project. 

Commissioner Gulmon stated he and Avis met last week and reviewed financials and we are in a really good place.  Sales tax reports were out in November and was up 9%, Food and Beverage is down 4%.  Starting Saturday the For Love of Local begins.  They have a really organized process and it should go well.  An update to the storage building, we’ve met a couple of times and talked about potentially building on the land pit lot.  We found that a 10,000 sq. ft. building will not work there because the site preparation would take more than $500,000 to prepare the site.  We will be meeting again to discuss other options.

Commissioner Erickson gave props to the individuals that went the extra mile to improve themselves with the city

Commissioner Bishop wanted to remind everyone to be safe with these cold temperatures.  Thanks to the FD and PD because no matter how bad the weather, they still have to be out.

Commissioner Magnuson thanked to all the city staff and crews that are out there doing what they do every day.  Take advantage of the For the Love of Local program.  It’s a good program.  Also, when you’re out and about talking to people invite them to come and look at Valley City.  We have a beautiful city with and want to entice people to be here.

President Carlsrud thanked all the employees, we’ve been busy and will be busier and with this cold weather it makes things more challenging, stay safe.  Our employees that went the extra mile for their continuing education were Tyler Martin, Nick Yokom and Alec Storhoff.  Thanks to all of you, we appreciate your efforts. We do have some job openings so check in at City Hall if you’re looking for work.  Report from our electrical department today, our electricity was on 100% of the time in December, that’s pretty special.  Kudos to our City and Rural Fire Department for their partnership.  Together you’re able to offer services to our citizens which we could not do if we were separate.  Hats off to City County Health. This COVID stuff affects everybody differently and those folks are getting a lot of hours in due to the COVID.  Out of the 1,677 vaccinations given, which represents 13% of our population, CCH administered 1,000 of the shots.  To date we have 43% of the 75 and older group vaccinated and that will be going up and the 65 and older crew will be coming in soon.

City Administrator Crawford added with the cold, there are people that know they have issues with their pipes freezing so be mindful of that.  We don’t have the snow there to insulate so keep an eye on that.

Adjourn

Meeting was adjourned at 5:54 P.M.

 

Tuesday, January 19th, 2021

Via Zoom

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, City Assessor Hansen, PW Manager Jacobsen, Fire Chief Magnuson, Police Chief Hatcher, Gloria Swart, City Engineer Chad Petersen, Jennifer Feist Aaron Raap, Mike Manstrom, Paul Diegel

Proclamation

President Carlsrud read the proclamation declaring January 31-Feruary 6, 2021 as Catholic Schools Week.

Approval of Agenda

Addition of Proclamation

Approval of Minutes

Commissioner Gulmon moved to approve the minutes from the January 5th meeting, seconded by Commissioner Magnuson.  Motion carried.

Approval of Consent Agenda

Approve 2021 Application to Sell LP Gas for Loves Travel Stop Contingent on the Approval of the Fire Chief.

Fire Chief Magnuson stated due to a change in suppliers, Loves will not have the tanks until closer to the end of February.

No action taken.

Public Hearing

Public Hearing for Approving the Rezone of Nextera Addition to the City of Valley City.

President Carlsrud declared the public hearing open. 

City Attorney Martineck stated the area is outside city limits right now.  It is probably zoned as agricultural and is on the agenda to be annexed into the city.  The proposal is for that to be zoned light industrial, I1.

Aaron Raap added they operate under Valley Plains Equipment, owned by Brandt Holdings Company and Nextera is a division of that which is basically the leasing arm.  We plan to build about half the size of the new store in Jamestown.  We have about 12-15 employees and are looking to grow considerably. 

Commissioner Bishop moved to close the public hearing, seconded by Commissioner Gulmon.  Motion passed unanimously.

Approve first reading of Ordinance No. 1071, Approving Rezone of Nextera Addition to the City of Valley City.

City Attorney Martineck stated the recommendation from Planning and Zoning is to approve the rezone and also before any construction starts we need a development agreement in place both with the city and the water district.

Commissioner Magnuson moved to approve Ordinance No. 1071, seconded by Commissioner Gulmon.  Motion passed unanimously.

Ordinance

Approve Second and Final Reading of Ordinance No. 1069, an Ordinance Creating a Perpetual Restrictive Covenant for Structures to be removed in Accordance with the State Water Commission.

City Attorney Martineck stated no changes from the first reading.  This is putting restrictions on properties that were bought out with state water funds.

Commissioner Magnuson moved to approve, seconded by Commissioner Erickson.  Motion carried.

Approve First Reading of Ordinance No. 1070, an Ordinance Relating to the Annexation of Territory.

City Attorney Martineck stated we received a petition from Nextera Properties to annex the property where the Valley Plains dealer would be located.  All notifications went out per law.  The only comments we received were from the DOT which will be addressed when the building permits are issued.  Today’s recommendation is to proceed with the approval of the annexation.

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

Resolution

Approve Resolution 2267, Approving PLAT of Nextera Addition to the City of Valley City.

City Attorney Martineck stated before building permits are issued by the city, the land needs to be platted.  We received an application to PLAT the land where the Valley Plains Dealer will be going.  The recommendation from P&Z is to approve that application.

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

Approve Resolution 2268, Approving Replat of Lot 2 of Hi-Line Estates and Legacy Townhomes PUD.

City Attorney Martineck stated P&Z received an application to PLAT additional townhome buildings in the Legacy Townhomes PUD.  The recommendation from P&Z is to approve that application.  We did receive a couple comments from residents in the neighborhood but I believe those have all been addressed to the satisfaction of P&Z.

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

Approve Resolution 2266, a Resolution Authorizing Refinancing Special Assessment Improvement Bonds of 2011 and 2013.

Finance Director Richter stated she has been working with Mike and supports their refinancing and recommend we proceed.

Mike Manstrom added there is a resolution to hire Ohnstad Twitchell to refinance the 2011 and 2013 projects.  Interest rates are historically low.  We won’t be able to get this done until 4-6 weeks.  If the interest rates increase during that time and there is no savings to the City we would cancel at no cost.  It looks like we could save the city around $85,000-$90,000.  At this time we are just asking for approval to start working on it and will prepare the savings at an upcoming meeting.

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

Approve Resolution 2269, a Resolution Amending Master Fee Scheduled re Fees for Residential Building Permits and Inspections.

City Attorney Martineck stated this is the same thing we did to the commercial fees.  Since we are now contracting out our inspections and bidding processes this allows the city to assess the fees pursuant to our contract with Midwest Inspections.

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

New Business

Approve the VCBCDC request for $15,000 to Support the Shop Local Campaign.

Jennifer Feist stated to stay with the formal process of receiving approval of funds we would request $15,000 of Economic Development funds to support the recently approved $200,000 CARES Act campaign that is being launched.

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

Approve Designating $20,000 from Renew and Replacement Fund 290 for 2021 Sidewalk, Curb, Gutter and Driveway Apron Replacement.

Finance Director Richter the request is for a reimbursement to property owners that would be updating their sidewalks in 2021.  There would be a 25% reimbursement to that property owner contingent on providing the City with a quote or estimate from a contractor prior, having a city staff look to determine that it is something that needs replacing.  Upon completion we need the invoice and would replace the property owner 25% of that invoice.  This has been done in the past and has gone well.

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

Approve Gaming Site Authorization for ND Chapters of delta Waterfowl Inc. on February 27, 2021 at the Valley City Eagles Club 2192.

Finance Director Richter stated this is an ongoing annual event.  The fees have been paid and the application is in good order.

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

Approve Task Order for Design Engineering for Master Lift Station Upgrades.

Chad from KLJ both N4 and N5 were two project that were included in the 2021 PW capital budget.  In a previous meeting it was recommending to move on these projects.  The first step is to get the design engineering under contract.  N4 is relating to the Master Lift Station, an hourly contract not to exceed $23,350 to prepare the specs and get out the bid or quotes depending on what the final estimate is.

Commissioner Magnuson moved to approve, seconded by Commissioner Gulmon.

Bishop-aye       Gulmon-aye     Erickson-nay    Magnuson-aye  Carlsrud-aye    Motion carried.

Approve Task Order for Design Engineering for West End Lift Station.

Chad from KLJ stated this is the same as stated above but for the replacement of the West End Lift Station.

Commissioner Magnuson moved to approve, seconded by Commissioner Gulmon

Magnuson-aye              Bishop-aye       Gulmon-aye     Erickson-nay    Carlsrud-aye    Motion carried.

Approve Task Order for Preliminary Engineering for 6^th Street NW Reconstruction Project.

Chad from KLJ stated this was the project that the city recently went thru the procurement process.  The project is primarily funded thru the NDDOT so this project requires the DOT’s project development. This first ask is the first stage.  Once we are through this they would come back for the final design engineering component.  This project is an hourly not to exceed contract.  Construction is tentatively scheduled for 2022.

As Commissioner Gulmon moved to approve, seconded by Commissioner Magnuson.

Erickson-nay    Magnuson-aye  Bishop-nay      Gulmon-aye     Carlsrud-aye    Motion carried.

Approve Amendment to Engineer-Owner Agreement for Paving Improvement District 119 & 119B (7^th Ave W and 2^nd Ave NE).

Chad from KLH stated this goes back to 2018.  The project was originally bid with the full project as described in 2019.  Bids came over what was budgeted so bids were rejected.  In December the City received funds through the state for infrastructure projects.  Since the bids were over 2 years old, updates have been made.  Conversations have taken place with the state engineer’s office about reapplying for the funds for the water main portion so we will resubmit that as part of this package.

Commissioner Gulmon moved to approve, seconded by Commissioner Magnuson.

Gulmon-aye     Erickson-nay    Magnuson-aye  Bishop-nay      Carlsrud-aye    Motion carried.

Discuss City Mask Plan.

President Carlsrud stated we were following the Governors order and he made a significant change so right now our mask mandate has expired.  Do we want to go without or extend?

Commissioner Gulmon feels it is important to extend the mandate.  Were so close to getting vaccines to our community and we have a responsibility of trying to support our public health and provide safeguards to our community.  I think we should extend for another 30 days.

Commissioner Erickson does not want to extend.  I think we should leave it up to the businesses if they want to enforce it or not.  We shouldn’t be pushing it on any more than we have already.

Commissioner Bishop stated he has spoken with a fair amount of people since the mandate has been lifted.  If the schools and businesses want to require masks that’s up to them but I think it’s time we let adult make their own decisions.

Commissioner Magnuson stated at first he wasn’t huge on expanding it but beings as close as we are.  I think the businesses could do it but it’s easier if they have something to go back on.  I’m in favor of one month.

Commissioner moved to extend the mask mandate until February 19^th, seconded by Commissioner Magnuson.

Bishop-nay      Gulmon-aye     Erickson-nay    Magnuson-aye  Carlsrud-aye    Motion carried.

City updates & Commission Reports

City Attorney Martineck stated the small cell tower movement.  When it comes to town they’re going to be putting up a lot of new infrastructure that we can’t stop but we can to some extent control how it happens.  We are working with DOT to have some control over the DOT right of way so when Verizon or AT&T comes in with their equipment we will be responsible for the permitting process.  We also need to look at an ordinance so we have a little more control in the areas of town where 5G equipment might be going in.  If you can imagine a backpack size piece of equipment about every 300 feet on a tower, that’s what we’ll be looking at.  So if we can control any aspect of that whether it’s the fees, the aesthetics, those are the types of provisions that we can put in place.  I would expect a proposed ordinance at the Finance meeting next month and possibly a first reading at the following Commission meeting.

Finance Director Richter stated at the last meeting we approved the PILOT for Trademark Tooling contingent on the lease.  They are still working on getting the lease.  We will need to back up the Public Hearing date until we receive the lease.

President Carlsrud thanks all the employees, we had some snow and a lot of work in the offices and evidently you’re making it look easy.  Shout out to Jennifer for the work she does on behalf of the Development Corporation of Valley City and her hand that she’s had on the amendment that we are working to get through to the House and the promotion upcoming with the Chamber.

Adjourn

Meeting was adjourned at 5:46 P.M.

Tuesday, January 5th, 2021

5:00 PM

Via Zoom

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, City Assessor Hansen, PW Accountant/Manager Jacobson, Police Chief Hatcher, Chad Petersen from KLJ, Operations Superintendent Klemisch, Gloria Swart, Jennifer Feist, Torrey Morehouse (Trademark Tooling)

Approval of Agenda

Added NB-8 and NB-9

Approval of Minutes

Commissioner Gulmon moved to approve the December 15th minutes, 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 $1,290,121.10         
3. Approve 2021 Tree Trimming and Removal License for Pine Country Nursery.
4. Approve 2021 Application to Operate Mobile Home Park for
   • Plecity Mobile Home Park.
   • Viking Drive Estates.

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

Public Comments

There were no public comments.

Ordinance

 1.  Approve First Reading of Ordinance No. 1069, an Ordinance Creating a Perpetual Restrictive Covenant for Structures to be removed in Accordance with the State Water Commission.

City Attorney Martineck stated part of the phase IV of the PFP the City used State dollars to buy out properties which are listed in the Ordinance.  State Water Commission requires us to place convenient on what is built on those properties, how structure have to be built if there placed there.  The property is supposed to remain as open space.

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

Resolution

1.  Approve Resolution 2265, a Resolution to sell Real Property at a Private Sale.

City Administrator Crawford stated she had gotten a request at someone purchasing the property on 5th where the house exploded.  This is the first step towards the sale of properties the city owns.

Commissioner Erickson moved to approve, seconded by Commissioner Gulmon.  Motion carried.

New Business

1. Approve Transformer Purchase Request.

Electrical Superintendent Senf presented quotes earlier.

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

2. Approve Economic Development Contract.

Jennifer Feist requested approval for the presented agreement which is actually in place until December 31, 2029.  This agreement allows us to go through every 2 years to make sure the contract reflects what we’re doing.  Added was the addition of the Retention and Recruiting Coordinator.

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

3.  Approve Procurement Committee Final Report – 6^th Street Engineering.

City Attorney Martineck stated the city is scheduled to do a street reconstruction, water main replacement and a partial sanitary sewer replacement in 2022.  Due to the project qualifies for State Water funding we went out for an RFQ.  We received qualifications from 4 engineering firms.  We went through the interview process and ranked the firms.  KLJ/Moore ended up being the firms with the top priority so the committee is recommending the city hire them to do the preliminary engineering on this project.     

Commissioner Gulmon moved to approve, seconded by Commissioner Magnuson.

Erickson-nay    Magnuson-aye  Bishop-nay      Gulmon-aye     Carlsrud-aye    Motion carried.

4.  Receive Payment In Lieu of Taxes request for Trademark Tooling and Schedule date for a Public Hearing.

Finance Director Richter stated he is looking for a 10 year PILOT. The schedule is included in packet.  Whatever decision is made will be contingent on receiving the lease agreement. 

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

5. Approve Valley City CARES Business Assistance Program.

Commissioner Gulmonstated the committee that consisted of himself, Commissioner Magnuson, City Administrator Crawford, Finance Director Richter and PW Accountant Jacobsen           met to discuss ways to help businesses within the city during these difficult times.  The proposal is to leverage $200,000 in CARES dollars for Chamber Bucks and receive a 25% benefit.  There are some exclusions such as medical, dental, RXD, bills.  The sales could begin on February 6^th and would continue until out.  The Chamber Bucks would be open to all businesses, not just Chamber members.  If we committed $200,000 and another $12,000 for expenses and waive the     remainder of the beer licenses for 2021 totaling $21,000.  The total CARES expenditure would be         $233,000. 

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

6.  Approve Updates to Covid 19 Cares Act Relief Fund.

Finance Director Richterreported on the changes for the revenues we’ve received and the expenditures to date.  We’re estimating $91,000 for the December CARES revenue.  Prior to the Prairie Dog money we used $150,000 for Streetscape II.  Now that we have Prairie Dog funds which lightens up the load for R&R.  We would request to take the $150,000 extra out of the R&R instead of the CARES freeing up more of those funds for other items.  The other item for $100,000 is for property tax reductions that our citizens did get, not intentionally, but they did. The mill levy was calculated differently this year than prior years and the city ended up with a 4 mill reduction than what was expected.  The next item is the bars and restaurants Covid relief but that’s where the $233,000 would go leaving us with $28,000 in our CARES relief fund.

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

7.  Approve Amendment to the City Emergency Order.

President Carlsrud stated the Governor has changed his order again.  Requesting to amend the Emergency Order to follow the State order so it doesn’t need to be addressed every time.  If there is something that we don’t agree with we can address those items.

Commissioner Gulmon moved to approve, seconded by Commissioner Bishop. Motion Carried.

8.  Approve Moving Forward with the 7^th Ave NW Reconstruction and 2^nd Ave NE Reconstruction Projects for 2021 Construction.

City Administrator Crawford stated this is a project that was started in 2019 but it is shovel ready.  One of the reasons it was put off was due to funding.  PW feels that due to it being shovel ready and other chain events happen from this that this project is what we need to move forward with.  It replaces storm sewer, water mains and will help with fire protection.  We would need a contract amendment to help with updated costs. 

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

9.  Discuss City Engineer.

Commissioner Bishop stated if we have a City Engineer and they are also bidding project, who is going to hold them accountable?

Commissioner Bishop motioned if KLJ wanted to the City Engineer they can’t bid on projects.  If they want to bid they resign as City Engineer, Commissioner Erickson seconded that motion.

Magnuson-nay Bishop-aye       Gulmon-nay     Erickson-aye    Carlsrud-nay    Motion failed

City Administrators Report

City Administrator Crawford stated she had been investigating lots of things.  Working with PW to get a plan together on what they think are most critical action items and then speak with the engineers.  We have now sent out reviews to the department heads and those will take place on the actual anniversaries of the employees so they aren’t all done at once. 

 

City Updates & Commission Reports

Police Chief Hatcher updated that he was working on the new policy manual.  Anybody that lives on the snow emergency routes, please make sure your cars are removed when snowing.

Commissioner Gulmon thanked the Commission for the support with the new Business Assistance program. Thanks to Kay and the Chamber for the background work and the work going forward to get this ready.  Thanks to Gary, Gwen and Avis for the collaboration, I think this program will make a difference. 

Commissioner Erickson thanks the City crew for their work.  Also a gentlemen thanked the fire department for not destroying many more equipment than they had to when they put out his fire.

Commissioner Bishop thanked the Fire Department, they’ve been out a lot lately.  Also thanks to the Police Department.

Commissioner Magnuson thanked the Commission for their leadership abilities for helping the city grow.

President Carlsrud thanked all of our employees.  The first trip through a snow event is something.  As citizens we have to remember they can clear our streets pretty fast after a snow event but please drive for the conditions.

Meeting was adjourned at 6:02 PM

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, City Assessor Hansen, PW Accountant/Manager Jacobson, Police Chief Hatcher, Chad Petersen from KLJ

Approval of Agenda

Added New Business 9

Approval of Minutes

Commissioner Bishop moved to approve the December 1st minutes, seconded by Commissioner Gulmon.  Motion carried.

Approval of Consent Agenda

A.  Approve 2021 Permit to Sell L.P Gas for

            1.  CHS Inc. dba Dakota Plains Ag

            2.  Petro Serve USA #071

B.  Approve 2021 Tree Trimming and Removal License for Ross’ Tree Service.

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

Public Comments

There were no public comments.

New Business

1.  Approve 2021 Application to Operate Mobile Home Park for 

            a. Rockwater LLC

            b. Richard Plecity Trailer Court  (City Administrator Crawford)

City Administrator Crawford stated she and Lance inspected a few of the mobile home parks and there’s a little bit of junk but nothing that wouldn’t be handled a different way.  Richard Plecity Park only has 3 spots open but are licensed through the state to have 5 so we will keep them at that.  These parks are okay.

Commissioner Magnuson moved to approve, seconded by Commissioner Erickson.  Motion carried.

2.  Discuss 2021 Application to Operate Mobile Home Park for Viking Drive Estates. (City Administrator Crawford)

City Administrator Crawford said there were some problems with the garbage trucks because of the pavement heaving.  We are looking into what needs to be done.  First step is speaking with the owners and what needs to be improved.  It is in the application that the park has to be up to the city’s standards.  If we can wait on approving it we would like to so we can discuss further.

Consensus was made to postpone until next meeting.

3.  Approve Public Works Capital and Operating budgets for FY21.  (PW Manager Jacobson)

PW Manager Jacobson stated in total we are pretty much the same as last year.  For the electrical department we are requesting a reduction of about 1% due to less consumption.  For the water department we are asking in total for an increase of about 3.7% mainly due to increasing the maintenance on the mains and the depreciation on some new equipment.  For the sewer we are going down 2.4% which is mainly transferring labor and associated benefits to the water department.  Garbage we are increase 1.8% for the recycling subsidy.  Street department we are going up 1.2% due to payroll increase.  Total the budget compared to current year we are going down $7000.  We are falling within the range we like to keep everything so we are not looking at any type of increase for this year.

For the capital budget we are asking for $1.6 million.  Some of the major projects are $260,000 for the master lift upgrade, $100,000 new Service Center and cold storage building and an item that was approved back in 2018 $260,000 and the rest of the smaller projects which total up to the $1.6 million.

Commissioner Bishop motioned to approve the Public Works capital operating budget for 2021, seconded by Commissioner Magnuson.  Motion carried.

4.  Review and Award bids for 2021 Vehicle Purchase.  (Police Chief Hatcher)

Police Chief Hatcher stated he received bids from the three local manufacturers to replace the red 2007 Ford 500 vehicle.  The lowest bid is Miller Motors with a 2021 Dodge Durango at $26,329.  That is budgeted into the 2021 year and will be delivered then.

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

5.  Approve Engineering Committee Recommendations.  (Commissioner Gulmon)

Commissioner Gulmon stated the committee met with KLJ and Moore to discuss services and costs.  The committee recommends moving forward with KLJ/Moore for the City Engineering services.

Commissioner Bishop expressed his concerns that this nothing is changing and when this process started it was to have an individual that is separate from a firm.

Commissioner Erickson stated we were going to find an engineer that would not bid on the projects while they were the city engineer and we are not doing that right now.

President Carlsrud questioned if quality control and conflict of interest were discussed.

Commissioner Gulmon stated that he did not think they did but as stated previously all these professional firms have ethical standards to meet to uphold their licensing.  Over the years KLJ has been doing projects and if there would have been ethical issues they would have been brought up.  He also stated that we are getting enhanced services, two professional companies that can bring a lot of expertise and background to the community with planning and zoning, future growth opportunities, I think we’re getting a lot more.

Commissioner Gulmon motioned to enter into a contract with KLJ/Moore for engineering services and we continue to utilize Mike Blevins from Midwest Inspection Services for building inspections, seconded by Commissioner Magnuson.

Bishop-nay      Gulmon-aye     Erickson-nay    Magnuson-aye  Carlsrud-aye     Motion carried.

6.  Approve the NDDOT Urban Roads Project Submittal List for Fiscal Year 2022-2025 (KLJ)

Chad Petersen from KLJ presented a list of projects that are currently programmed through the NDDOT along with a location map.  There are three projects listed in 2021, due to some delays and challenges with the drainage project, that will be moved out to the 2022 fiscal year.  Also for 2022 is the slide area.  The mill and overlay project on west main and the frontage road can be planned to be moved to the 2023 season due to the work on the slide repair and drainage area may impact the work on the mill and overlay project.  At a previous meeting we talked about turn lanes for Petro, those were not included with that project.  Investigating different opportunities to fund that project we found we could make it eligible through the Urban Road program as a new project.  The recommendation is to modify the scope of work for 12^th Street North to expand the project to 8^th Ave and Winter Show Road for those turn lanes.  It increases the cost of the project by about $50,000 with about $40,000 being funded through Urban Road program.  Also programmed in 2022 is the 6^th Street NW project and in 2023 there are two reconstruction projects planned on 5^th St NW and 3^rd Street NE.  Both are prioritized on the Urban Roads program due to replace water mains.  In 2024 the city was able to secure funding through the Highway Safety Improvement Program on behalf of the Parks and Rec for flashing beacons at the crosswalk from Gaukler to the Bubble and from 4^th St SW by the Rec Center to provide a safe crossing.  It is recommended that these projects are approved for the 2022-2025 fiscal year.

Commissioner Gulmon moved to approve, seconded by Commissioner Magnuson.  Motion Carried.

7.  Approve City Administrator’s Review.  (President Carlsrud)

President Carlsrud stated he had sent out about 14 requests for information and about 10 returned.  His recommendation is to move forward as contracted.

Commissioner Gulmon stated in the 6 months Gwen has been here she has done a great job.  She has provided great leadership skills, empowers and supports staff which has improved morale she is very dedicated to success of staff and community and takes a common sense approach. She also does a lot of back ground work. We are fortunate to have her.

Commissioner Gulmon moved to approve, seconded by Commissioner Erickson.  Motion carried.

8.  Consider Emergency Orders 2020-02.4 and 2020-05.3 re extension of City COVID Plan.  (President Carlsrud)

President Carlsrud stated last month we extended and amended our emergency order to coincide with the state and Governor’s declaration and I propose we do that again.

City Attorney Martineck added the governor’s order was extended until the 8^th and the health department order for the mask mandate was extended until the 18^th.  As of right now the city’s order includes both the mask mandate and the large event regulations which goes until January 8^th.  At that point we can see if that is extended again by the state, if not I anticipate we would just extend the mask mandate until the 18^th at that time.

President Carlsrud stated at this time his proposal is to move forward and stay in concert with the state.

Commissioner Erickson asked if we had to go along with the state.

President Carlsrud responded that it is easier when there is one set of rules.

City Attorney Martineck stated if the city did not have a local order the state order would still apply.

Commissioner Gulmon moved to approve, seconded by Commissioner Carlsrud.

Gulmon-aye                 Erickson-nay                Magnuson-aye              Bishop-aye       Carlsrud-aye

9.  Approve Quote for Light Fixtures for the 2021 6th Street Reconstruction Project.  (Electrical Superintendent Senf)

Electrical Superintendent Senf stated he would like to keep them looking same.  They still have the fixtures, the bases changed but isn’t noticeable, I would like to order them.

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

City Administrator’s Report

City Administrator Crawford stated there are several things being worked on one being the pole counts. This is supposed to be done annually but has not been done for several years.  We have given Century Link our counts and are waiting to hear back from them.  There is also supposed to be a fee paid to the City annually but it looks like 2005 was the last time it was paid.

Metal is not to be dropped off at the recycling   center.  It is across the road from the landfill.

There were some issues figuring out occupancy for some of the buildings.  Next year when they do building inspection of fire inspection we will be adding the occupancy to our report.

City Updates & Commission Reports

City Attorney Martineck stated bids were requested for the land by the lagoons and the Transfer Station.  One bid was received and we entered into a contract with that person.  We previously were getting $25/acre but with the bidding process we were able to get $63.41/acre.

An RFQ was sent out for the 6^th Street project.  Four qualification statements were received and interviews were held last week.  We will prepare a report and present that at the next meeting. 

Finance Director Richter stated this is the last meeting of 2020 and we will be working on closing the books and start working towards the 2020 audit.  We have the field work scheduled the end of March and Gary has the inventory scheduled and he can report on that.

City Assessor Hanson wishes everyone Merry Christmas and Happy New Year.

PW Manager Jacobson stated the inventory count is scheduled for January 6^th.  Also, kudos to everyone in the office.  Earlier this week our merchandise accounts receivable has always had aging balances.  As of this week anything over a month old is zero.

Commissioner Magnuson stated the VCFD was filling food baskets tonight for those in need.

Police Chief Hatcher stated they were continuing to shop for the Santa Cops for Kids and hopefully delivering those the next week.

Chad Petersen from KLJ wished everyone a happy and safe holiday.  Also thanked everyone for the opportunities they’ve had working with the city this past year and look forward to it for 2021.

Commissioner Gulmon wanted to let the community know that the city is in a strong financial position.  We were able to maintain the mill levy for 2021 and have strong cash reserves.  Also, you may have seen Fargo and Grand Forks have been addressing certain restaurants that have been affected due to COVID.  After hearing that and visiting with Mayor Carlsrud and City Administrator Crawford, maybe we should set up a committee to see if there is something we can do to help some of these businesses that were affected.

Commissioner Erickson thanks the Public Works and all involved in the budgeting.  There is discussion that they may put out recycling drops at the new Handy Hardware.  Have a Merry Christmas and Happy New Year.

Commissioner Bishop wished everyone a safe and happy new year.  If you see the VCPD or VCFD wish them a happy holiday season as a lot of them will be working as we enjoy time with family.

Commissioner Magnuson wished everyone a Merry Christmas and Happy New.  Also would like to see a committee formed to help out these local businesses.

President Carlsrud stated they do have some information out on what could be done to help the local businesses and we have some information coming back to us.  Shout out to recycle.  There is a lot of cardboard this time of year and it’s really important to recycle that.  Thanks to Valley City and the greater Barnes County area.  In the 30 days the order was in place our numbers have went way down.  Our Public Works folks have been getting extra work done all over town with the fall we’ve had.  Appreciate the city crew too as they work on closing the year and beginning a new one. Thanks to the Commissioners for serving, it’s important to give back to the community. 

Meeting was adjourned at 6:09 PM

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.

Proclamation

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.

Ordinance

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 30^th, 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 6^th 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 14^th 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 15^th 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

Valley City Special Commission Meeting

Friday, November 6th, 2020

12:00 PM Meeting, via Zoom

President Carlsrud called the meeting to order at 12:00 PM.

Members present: Commissioner Magnuson, Commissioner Bishop, Commissioner Erickson, Commissioner Gulmon

Others Present: City Administrator Crawford, City Attorney Martineck, Finance Director Richter, Deputy Auditor Klein, Police Chief Hatcher, VCSU President, Dr. Buhr, CCH Director Theresa Will

Approval of Consent Agenda

1.  Approval of Raffle Permit for the Art Club Valley City High School.

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

New Business

1.  Discuss COVID

President Carlsrud stated we are now in orange.  The bullets were sent as to where we should be with our rulings and procedures at the orange level. 

Information on the orange level:

 -Only essential workers and essential travel are recommended.

-For businesses choosing to remain open the following is recommended:  Wear facemasks and all non-essential businesses are limited to 25% rated room capacity while social distancing.

-Limit individual family groups, party sizes to one household or 10 people per party.

-Outdoor spaces follow industry specific Smart Restart protocols.

-Operators should post their temporary occupancy limit on all entrances.

-High risk individuals and their care givers should avoid crowds and large gatherings.

-Cancel gatherings of all size where social distancing cannot be maintained.

The next thing is to discuss group events, any thoughts?

Commissioner Bishop stated he’s not sure where churches are at right now but that may need to be addressed for them to cut back to the 25% and encouraging masks for everybody including restaurants and bars.

Dr. Buhr stated when you read some information it says where a mask when you can’t stay 6 feet apart.  That doesn’t hold because if you cough that can go further than 6 feet.  I say you are very close to shutting down bars and restaurants again.  I feel nothing will work if you don’t see a sign requiring you to wear a mask.  Some enforcement of that is a good idea of course but this facility requiring you to wear a mask is the biggest thing.

Theresa Will added she agrees with Dr. Buhr but there are some common sense things people are ignoring.  If you get in a vehicle with someone that is not in your household, you need a mask.  If you are in employment somewhere and you have other employees, you need to wear a mask.  That will help keep your business open.  Don’t go for lunch or sit at a meal with people that aren’t in your group.  As City and County employees we can be examples, I encourage us to mask.  We are working on a Mask Campaign and will be going door to door with information for businesses offering hand sanitizer, masks and a poster for their window.

Josh Johnson at the school district emailed they have very few cases but they have a number that are in quarantine and kids are going home and getting it from their parents.

VCSU President Al Lafave stated they have been doing okay as a campus.  They have a mask requirement and several protocols in place.  The number that is impacting them is the quarantine.  11 students on campus 38 off campus and 11 employees because of close contact.  Our dashboard will also include a tab that shows recovered cases.  We are looking at carefully post-Thanksgiving, we are concerned about what could happen after due to students traveling home.  We have a large number of students that have chosen to synchronous in their course delivery post-Thanksgiving.  We are here to support the City & County in what we can do to help get that message out.  I do see a higher use of mass in the community.

City Attorney Carlsrud questioned a requirement for anybody planning for a larger event would need to receive permission prior and discuss what restriction they are putting in place to follow the guidelines.

Commissioner Bishop feels it’s a good idea to know what is going on.  What’s the number we put on that they have to get permission.

Commissioner Gulmon feels it is time to implement a mask mandate.  We should also, along with CCH and the Chamber, send information to our businesses to hang.  We don’t’ want our businesses to close again.  Also, other places have imposed an 11 PM bar closing, is that something we should we discuss?

Commissioner Magnuson stated he is in favor of 11 PM bar closings.  From what I seen there are a lot of issues with the healthcare.  Until you get those fixed you have walking time bombs out there that don’t even know it.  Testing earlier and getting test results back earlier than 7 days is a must.  If you don’t have to go out, don’t.  If you or your kids aren’t feeling well, don’t go to work or school.  We are becoming complacent and passing things off as allergies or a cold.

President Carlsrud stated a comment from the Governor was that they were partnering with additional places to help speed up the results.

City Attorney Martineck stated under the previous COVID 19 emergency that was signed we have the ability to make any additional restrictions or guidelines necessary.

Sharon Buhr, Chair of the CCH Board, stated she would like to bring up two things.  We will be going door to door to businesses with the words mask up but we need the words to come from you in order to say “mandate.”  Also the money.  We won’t be charging anything to go door to door but we do need funds so we can do mass media campaigns.  So I am asking from our board to your board for some monetary support.

Commissioner Gulmon motioned to form a committee to assess large group requests, close bars and restaurants at 11 PM and enact a mask mandate for a 30 day timeframe; seconded by Commissioner Bishop.

Commissioner Bishop- aye Commissioner Gulmon-aye Commissioner Erickson-nay Commissioner Magnuson –aye Commissioner Carlsrud –aye

Motion carried.

President Carlsrud requested thoughts around actions keeping our employees safe.

Commissioner Magnuson requested the same as last spring. Social distance, spread out breaks, wash hands, wear masks.  Not proposing closing buildings at this time.

Meeting adjourned at 1:10 PM

The City Commission Meeting began on Tuesday, October 20th, 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.

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

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

Others present: City Administrator Crawford, City Attorney Martineck, Deputy Auditor Klein, Fire Chief Magnuson, Police Chief Hatcher, Chad Petersen from KLJ.

Approval of Agenda

No Changes

Approval of Minutes

Commissioner Magnuson moved to approve the October 6 and October 12, 2020 Meeting minutes seconded by Commissioner Gulmon.  Motion carried.

Approval of Consent Agenda

1. Approve Application to Block off Street Request from JE Dunn Construction for the dates of 11/2/2020-11/6/2020 on Viking Dr. SW, from 4^th Ave SW to VCSU Student Center Drive Way for the Center for the Arts Underground utilities.

• Approve Raffle Permit for North Dakota Hereford Assn. for the date of 12/5/2020 held at the North Dakota Winter Show.

Commissioner Erickson moved to approve the Consent Agenda, seconded by Commissioner Magnuson.  Motion carried.

Public Comments

There were no public comments.

New Business

1. Form Selection Committee for City Engineering/Planning Services (RFQ).  (City Administrator Crawford)

City Administrator Crawford stated we have three companies that turned in for an RFQ.  Before we can set time lines we need to form a committee.  City Administrator Crawford stated she and Operations Superintendent Klemisch would be on the committee, City Attorney Carlsrud recused himself, President Carlsrud, Commissioner Erickson, Commissioner Gulmon, Commissioner Magnuson and Commissioner Bishop all stated they would like to be on the committee.  Discussion also took place inviting Dan Bernhardt and/or Lance Coit to fill spots.

Commissioner Gulmon made a motion to form the committee as mentioned inviting Dan and if Dan declines invite Lance, seconded by Commissioner Erickson.  Motion carried.

• Consider Final Review and Acceptance for Paving Improvement District No. 121. (KLJ)

Chad Petersen from KLJ stated the seal coat was completed in June satisfactorily and we are working on the final review and acceptance.

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

City Administrator’s Report

City Administrator Crawford stated she received an email from Love’s and there is an issue with the weather and the asphalt plant shutting down.  We are evaluating our options. 

5^th Ave NW has issues between driveways and sidewalks but we want to get the first layer down.  There is a meeting tomorrow for our game plan.

Today was the first meeting on the I-94 landslide.  In 2021 they will lay out the plans and in 2022 would be the project. 

We realized the emergency flood protocols that are currently in place are great but we also realized we don’t have protocols in place for anything else really so we are working on that.

City Administrator Crawford also stated she did a ride along with Brandi from the PD and the crew from the North sanitation route.  It was beneficial to see firsthand the process and the issues these employees are facing.  With the upcoming snow there are vehicles that need to be moved.  The sanitation crew wanted to commend Bob for the work he did on getting several of the branches cleaned up.  An issue they also have is yards that have the wooden garbage holders.  Sometimes in order to get the can out you have to lift them really high and they can be heavy.

President Carlsrud thanked Gwen and added that on his walks he sees lots of cardboard and encouraged everyone to recycle.  If it is recycled it pays for itself but if it goes to the garbage we pay to have it removed.

City Updates & Commission Reports

City Attorney Martineck reported we had 2 applications for the City Planner/Building Inspector position.  We will be reviewing those in conjunction with the RFQ process.

Chad Petersen from KLJ updated on Streetscape Phase II that bids were open by the DOT last week and will have more information at the November Finance/Commission meeting.  Strata was the low bid at $2,197,000, the Engineering estimate was around $2,180,000.  More will be presented at the next meeting so a decision can be made.

Chad Petersen from KLJ provided an update on the 5^th Ave project.  Two blocks of curb and gutter are complete with three more to go.  The sidewalk work is happening and if not already complete the electrical is almost completed up to 12^th St.  Completion date is set for October 16^th but will likely extend beyond that but shouldn’t be by much.

Commissioner Gulmon stated in regards to the COVID situation it would be best if all citizens do our part.  Wear masks and encourage businesses to ask customers to wear masks.  We need to step up and do a better job.

Commissioner Bishop continued off of Commissioner Gulmon’s statement stating he knows firsthand as he is in quarantine now due to being in close contact. 

Mayor Carlsrud reported he was on a call with the Governor and City Mayors and they were calling it a COVID storm due to the escalation.  We are at about 41/10,000 active cases.  We’ve been doing a good job, we were down to about 25 a week ago.  We need to rededicate ourselves to doing the right thing.  Kudos to the Public Schools and University along with their employees represent around 2,750 people.  Infections in that group are in the range of 20.  The school systems are doing a great job and part of that is because they are wearing masks everywhere.

It’s simple, social distance, wash your hands, practice good hygiene and wear a mask when you can’t social distance.  Business owners and operators, Fargo is afraid this could move them to red down the road and we don’t want to go there.  I invite you to put signs on your door and when you can’t social distance put your mask on.  I don’t know how many can afford to be shut down again but I don’t want to see it.  Please help and respect the signs on the doors.

Meeting was adjourned at 5:24 PM

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

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

Others present: City Attorney Martineck, Deputy Auditor Klein, Fire Chief Magnuson, Police Chief Hatcher, PW Accountant/Manager Jacobson. 

Chad Petersen from KLJ and Jennifer Feist VCBCDC Director via Zoom.

Public Hearing

1. Open Public Hearing regarding the application for Rocking DD Properties for rehab of 358    North Central Avenue relating to the Main Street Program.  (Finance Director Richter)

President Carlsrud declared the Public Hearing open.

Commissioner Bishop motioned to close the hearing, seconded by Commissioner Magnuson.  Motion carried.

New Business

1.  Discuss Wick/Secarse Storm Drainage.  (City Administrator Crawford)

 Discussion took place and KLJ will draw up an estimate.

2.  Status update on Waterfront Meadows Infrastructure Installation.  (KLJ)

Chad Petersen from KLJ provided an update.

3.  Discuss Barnes Rural Water District Agreement Renewal.  (City Administrator Crawford)

Commissioner Bishop motioned to go with the water consumption charge that is presented, seconded by Commissioner Gulmon. Motion carried.

Meeting adjourned at 5:44 PM