Category Archives: City Commission Minutes

Minutes Available text with City of Valley City Logo above

06/02/2020 City Commission Minutes

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The City Commission Meeting began on Tuesday, June 2, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2nd 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 may view the meeting online (https://zoom.us/j/98978843732?pwd=QVpONXRTOEU3Z2tIckd4Zy9RZTI0UT09) Password 5aJ44L or listen by calling (1-669-900-9128) Webinar ID: 989 7884 3732 Password 674864

President Carlsrud called the meeting to order at 5:04 PM. President Carlsrud asked for a moment of silence in honor of Fallen Officer Holte from Grand Forks Police Department.

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

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

Oath of Office for City Administrator Gwen Crawford

President Carlsrud administered the Oath of Office for City Administrator Gwen Crawford.

Approval of Agenda – Addition of Consent C.C, E, F; N3; Remove Consent D; Addition of N4

Approval of Minutes

Commissioner Powell moved to approve the minutes from the May 19, 2020 meeting, seconded by Commissioner Bishop. 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 $1,009,556.60
  3. Approve Electrician,  Plumber and/or Mechanical Contractor license for
    1. Maple River Electric
    1. On Demand Plumbing
    1. Energize Electric, LLC
  4. Approve Tree Trimming & Removal License for GS Services
  5. Approve Raffle Permit for Sheyenne River Valley National Scenic Byway
  6. Approve Block off the Street Request for VCSU (on Viking Drive SW from 4th Ave SW to 2nd Ave SW)

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

Public Comments

There were no public comments.

Public Hearing

Public Hearing for Annexation of Auditor’s Lot Number 1 of the NE1/4 of the SW ¼ of Section 27, Township 140, Range 58, Barnes County, ND
City Attorney Martineck reported that the Waterfront Meadows project includes this new annexation request for the roadway access to the new subdivision. President Carlsrud declared the public hearing open. There were no public comments. Commissioner Magnuson moved to close the hearing; seconded by Commissioner Powell. The motion passed unanimously.

Approve first reading of Ordinance No. 1059, an Ordinance Relating to the Annexation of Territory described as Auditor’s Lot Number 1 of the NE1/4 of the SW ¼ of Section 27, Township 140, Range 58, Barnes County, ND

Commissioner Magnuson moved to approve the first reading of Ordinance No. 1059, seconded by Commissioner Powell. The motion passed unanimously.

Ordinance

Approve second and final 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

City Attorney Martineck reported there were no changes to the ordinance since the first reading. The purpose of the ordinance is to repeal/remove the 15 minute residency requirement for all city employees.

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

Resolution

Approve Resolution No. 2257, a Resolution Approving Final Plans and Specifications for Permanent Flood Protection Erosion Mitigation Phase 1 (Woodland Park and Riverview Drive) and Authorizing Engineer to Advertise for Bids

Chad Petersen from KLJ stated he will incorporate the comments from the Finance Meeting into the final plans with 80% cost share from the State Water Commission; 20% local share. Permits are in place except for the USACE permit and once it is obtained, advertising for bids will occur.

Commissioner Bishop inquired if they foresee any issues with the permit. Petersen stated it was submitted end of 2019 and revised copy submitted February 2020. Petersen confirmed construction is expected to begin this year.

Commissioner Magnuson moved to approve Resolution No. 2257, seconded by Commissioner Powell. The motion passed unanimously.

New Business

Approve request for $15,000 (from city sales tax dedicated to economic development) to assist with VC Smart Restart Campaign

Jennifer Feist (Development Corporation) appeared by Zoom in conjunction with Mary Lee Nielsen, CVB and Kay Vinje, Chamber. The groups are working on campaigns to assist local businesses and encourage people to do business locally. Commissioner Magnuson moved to approve the request, seconded by Commissioner Bishop. The motion passed unanimously.

Approve purchase of (2) 300KVA 480/277 Padmount Transformers from Resco in the amount of $13,592.00

President Carlsrud reported one pump is going to pump station and one will be a backup. Commissioner Bishop moved to approve the purchase, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve 2020 – 2021 Gaming Site Authorization for Valley Twisters Gymnastics Inc at Bridges Bar & Grill

Commissioner Erickson moved to approve the Gaming Site Authorization, seconded by Commissioner Bishop. The motion passed unanimously.

Authorize Public Works to credit commercial garbage accounts for entities affected by COVID-19 pandemic

City Auditor Richter reported this was discussed during the Finance Meeting. Public Works Accountant Jacobson and Lead Accounting Clerk Kiefert reviewed the commercial garbage accounts and identified the businesses with the most impact from COVID-19. The credit for pickup fees for each business is based on the number of pickups scheduled per week and the size of the dumpster(s). The credits will total between $2,000 and $3,000.

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

City Administrator’s Report

City Administrator Crawford reported on the first two days on the job.

City Updates & Commission Reports

City Auditor Richter welcomed City Administrator Crawford to the City.

Chad Petersen from KLJ reported Permanent Flood Protection Phase III floodwalls continue to be poured near the Master Lift Station. Permanent Flood Protection Phase IIA seeding will occur. Startup meeting for pump went well. 5th Avenue NW project continues with storm sewer work. Seal Coat Project will start middle of next week.

Commissioner Erickson welcomed Gwen.

Commissioner Powell welcomed Gwen. Thanks Scott & VCFD for efforts to respond to a gas leak.

Commissioner Bishop thanked VCPD officers for their work.

Commissioner Magnuson thanked VCPD officers for their work; welcomed Gwen. Commissioner Magnuson stated summer time is here and that the broken road is for walkable /biking travel.  Magnuson asked the public to watch out for kids on the streets.

President Carlsrud thanked city employees. Keep COVID-19 important. Thanked peace officers for their work and efforts.

Adjourn

Adjourned at 5:35 PM.

Minutes Available text with City of Valley City Logo above

05/19/2020 City Commission Minutes

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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 2nd 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 5th 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 – 5th 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 8th 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 8th 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. 5th 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.

Minutes Available text with City of Valley City Logo above

05/05/2020 City Commission Minutes

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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 8th 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 8th 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 5th 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. 5th 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.

04/28/2020 Special City Commission Meeting Minutes

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Special City Commission Meeting Proceedings
Valley City, North Dakota

Tuesday, April 28, 2020
5:00 PM

The City Commission meet on Tuesday, April 28, 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.

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

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

Others present: City Attorney Martineck, Deputy Auditor Klein.

New Business

Second interview with City Administrator candidate
The City Commission interviewed City Administrator candidate Gwendolyn Crawford.

Select finalist for City Administrator position
The City Commissioners discussed the candidates for the City Administrator position.

Commissioner Magnuson moved to select Gwendolyn Crawford as a finalist and approve moving forward with negotiations, seconded by Commissioner Powell. President Carlsrud stated the contract will be presented at a future meeting for final review. The motion passed unanimously.

Ordinance

Approve first reading of Ordinance No. 1054, the 2020 New Infrastructure Funding Ordinance

City Attorney Martineck drafted an ordinance to provide infrastructure to territories newly annexed to the City and subdivided for residential use with a cap of $150,000 per year. Commissioner Powell inquired if the amount can be split among multiple developers in a year. This ordinance sunsets at the end of this year. Commissioner Magnuson indicated that the City will need to develop a long term plan if it chooses to continue program. City Attorney Martineck indicated that the $150,000 would be transferred from the enterprise fund for the development. Commissioner Magnuson encouraged Commission to consider use of Prairie Dog funds to encourage further development of infrastructure similar to this ordinance.

City Attorney Martineck indicated that Bridgetown Developers will still need to be approved for funding in a separate process as the ordinance creates the process, but does not approve the specific funding request.

Commissioner Magnuson moved to approve first reading of Ordinance No. 1054, seconded by Commissioner Bishop.

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

Adjourn

Meeting adjourned at 5:54 PM.

04/23/2020 Special City Commission Minutes

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Special Meeting of City Commission
Valley City, North Dakota

Thursday, April 23, 2020
3:00 PM

The City Commission meet on Thursday, April 23, 2020 at 3:00 PM CT, via Zoom. 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.

President Carlsrud called the meeting to order at 3:00 PM.

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

Others present: City Auditor Richter, City Attorney Martineck, Deputy Auditor Klein.

New Business

  1. Interview of City Administrator Candidate Darcy Long at 3:00 PM
    The Board conducted the interview with the candidate through Zoom.
  2. Interview of City Administrator Candidate Larry Thompson at 4:00 PM
    The Board reconvened via Zoom to interview the candidate.
  3. Interview of City Administrator Candidate Gwendolyn Crawford at 5:00 PM
    The Board reconvened via Zoom to interview the candidate.

Adjourn

The meeting adjourned at 5:47 PM.

04/21/2020 City Commission Minutes

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Valley City Commission Proceedings

Tuesday, April 21, 2020

The City Commission meet on Tuesday, April 21, 2020 at 5:00 PM CT, via Microsoft Teams. Board Members attended 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.

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

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

Others Present: City Attorney Martineck, City Auditor Richter, City Assessor Hansen.

Arbor Day Proclamation

President Carlsrud read the 2020 Arbor Day Proclamation.

Approval of Agenda – Addition of Consent  B (3 & 4)

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the April 1, 7, 13 and 16, 2020 meetings, seconded by Commissioner Powell. Motion carried.

Approval of Consent Agenda

  1. Approve Raffle Permit for CHI Mercy Health Foundation
  2. Approve Electrician, Plumber and/or Mechanical Contractor Licenses for
    1. Bentson Electric
    1. Sullivan Construction, Inc.
    1. Lyon’s Electric
    1. TNT Plumbing

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

Public Comments

There were no public comments.

Public Hearing

Public Hearing for Rezoning Block 3 Plecity Mobile Home Park Addition

City Attorney Martineck stated the request has received unanimous approval by Planning & Zoning Commission to re-zone Block 3 from R-3 to B-2. City Auditor Richter reported the City has received no correspondence for this.

Commissioner Powell moved to close the public hearing, seconded by Commissioner Magnuson. The motion passed unanimously.

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

Commissioner Bishop moved to approve the first reading of Ordinance No. 1053, seconded by Commissioner Erickson. The motion passed unanimously.

Resolution

Approve Resolution No. 2253, a Resolution Approving Replat of Greenline Deere Second Addition

City Attorney Martineck reported the Planning & Zoning Commission received the request to replat this land by VCBC Economic Development, submitted on behalf for the Barnes County jail project. The request was approved with no conditions from Planning & Zoning Commission. Commissioner Magnuson moved to approve Resolution No. 2253, seconded by Commissioner Powell. The motion passed unanimously.

New Business

Approve $500,000 funding from Bank of ND for the I-94 Regional Development Corridor water and sanitary sewer line extension project
City Auditor Richter reported request to relocate Valley Plains Equipment for land south of I-94, includes a loan application through Bank of ND (BND). The annual loan application cycle closed in March. At this point, requesting approval for the City to accept the loan. No draw will be taken until requirements are in place for the project including a TIF (Tax Increment Financing) District; Developers Agreement and Annexation of the land. If the loan is not used, it will be de-obligated by BND. This loan will be paid via TIF. Commissioner Magnuson moved to approve the $500,000 funding, seconded by Commissioner Bishop. The motion passed unanimously.

City Updates & Commission Reports

Chad Petersen from KLJ provided update on Permanent Flood Protection Phase IIA and III construction at Bettins pump station; and Master Lift Station. 5th Avenue NW pre-construction meeting for Tuesday, April 28 with construction to begin Monday, May 4.Streetscape II bids received and NDDOT is reviewing with consideration at the May 5 meeting.

City Assessor Hansen thanked the Commission for their support of remote work. For the upcoming neighborhood reviews, Hansen will continue desk reviews of properties that have completed a prior on-site inspection; with a more extensive desk review of properties that have not been inspected on-site in the previous cycle.

Commissioner Magnuson encouraged citizens to get fresh air. Magnuson thanked the Public Works crew and the public for supporting the efforts to flatten the curve [of COVID-19].

President Carlsrud asked the public to continue to be vigilant. Carlsrud thanked employees.

Adjourn

Meeting was adjourned at 5:23 PM.

04/01/2020 Special City Commission Minutes

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Wednesday, April 1, 2020

11:00 AM via Microsoft Teams

Board Members attended 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.

President Carlsrud called the meeting to order at 11:13 AM.

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

Others Present: City Auditor Richter, City Attorney Martineck, Chad Petersen from KLJ.

NEW BUSINESS

Discuss funding, including use of Renewal and Replacement fund, for new infrastructure in territories annexed to the City

President Carlsrud reported $3.4 million from Prairie Dog fund is likely impacted due to lower oil prices. City Auditor Richter stated the Renew and Replacement fund is fully designated for 2020. Any policy or procedure changes need to be sustainable for this development and future developments for new infrastructure in territories annexed to the City. Commissioner Magnuson discussed the city responsibility to extend infrastructure to a new development/future growth of the City; with infrastructure within a new development would be the developer’s responsibility. Magnuson discussed possible funding options, such as $55/linear foot for water; $55/linear foot for sewer extensions with cap at $150,000 to extend city water main and sewer main; depending on size of development and proximity to current services. City Auditor Richter stated the Renew and Replacement fund could support the $150,000 for this and future developments. Commissioner Bishop inquired if bonding would be appropriate for the infrastructure. City Auditor Richter stated the R&R fund would support without bonding; it may be necessary in the future. City Auditor Richter and President Carlsrud mentioned impacts to city budgets including lower gas taxes, lower sales tax collections due to COVID-19.

Chad Petersen from KLJ provided background regarding the water supply to areas including the Love’s property that require coordination with Barnes Rural Water to ensure that designs and specifications are met, but water is sold by Barnes Rural Water (after being purchased from the City and going through a meter pit).

President Carlsrud asked for Commission input. Commissioner Erickson supported development of homes. Commissioner Magnuson responded to Commissioner Powell that electrical service expected from VCPW. Commissioner Bishop agreed with housing developments.

City Auditor Richter responded to City Attorney Martineck that the original intent of the R&R fund was for existing infrastructure as fund was established in 2007 and 2010. City Auditor Richter asked for Commission clarity that the intent is for residential developments (not commercial properties or apartments) in newly annexed territories.

City Attorney Martineck stated an ordinance change would be needed to allow fund use for new development.

Consider Bridgetown Development requests related to Auditors Lot 5 of NE¼, Section 27, Township 140N, Range 58W, Barnes Country (Waterfront Meadows subdivision)

  • Cost-share for infrastructure to new subdivision

    Donny Eberle, registered agent for Bridgetown Developments, inquired about electrical service for the development and cost shares for extension of the lines/transformers. President Carlsrud stated this will need to be researched.

    Commissioner Magnuson clarified that within the development, the cost is fully on the developer. Magnuson’s previous statements has been to extend services to the development.

    Eberle stated there is currently 300-400 feet from the current infrastructure to the development. The land between is city-owned. Eberle asked for city to pay for extension in full across the city-owned land and to a 50/50 cost-share the infrastructure on the roadway as other adjacent land is not owned by Bridgetown Development.
  • Waiver of performance bond

    City Attorney Martineck stated the code requires a performance bond as the City will be extending roadway and service lines to the development. Eberle requested waiver of the performance bond to help lower costs to the developer and offered the opportunity for a lien. Commissioner Powell asked if this possible. City Attorney Martineck will look into this and stated this will create a precedent if the Commission moves forward.
  • Curb/gutter/street installation.

    Donny Eberle stated requested waiver of street, curb and gutter installations with the intent to have this done by the City through special assessments. Eberle referred to previous developments where this has occurred. This requirement is in the City’s land subdivision code. Commissioner Magnuson agreed special assessment district could occur. Commission discussed. Magnuson stated that MDU is not available in this area and discussions are occurring.
  • Taxation of undeveloped lots.

    City Auditor Richter read an email from City Assessor Hansen regarding the taxation of undeveloped lots, there is a 30% discount on these lots. Hansen requested any consideration should keep fairness to other developments in mind.

    Donny Eberle stated there will be 47 taxable lots, split into two phases of development. Eberle asked that unsold lots be assessed at agricultural rate. 18 townhomes are planned to go along the waterfront beginning this summer. Eberle also asked that special assessments not be applied to unsold properties if roadway is installed and only be applied once there is a sales transaction. Commissioner Powell inquired about impacts to other undeveloped lots and the agricultural rates in other areas of town. City Auditor Richter stated this needs to be addressed by City Assessor Hansen.

    Commissioner Magnuson stated when the improvements are made, special assessments are applied to properties within district. Magnuson clarified that an improvement district can be protested out, if 50% protest the improvements.

    City Attorney Martineck stated the City should enter into a Development Agreement with Bridgetown Development that addresses each of the issues.

    President Carlsrud directed City Staff to prepare for continued discussion at April finance meeting and the regular meeting on 4/7/2020 for consideration. Additional items that will be considered include the sidewalks, Barnes Rural Water development agreement.

Adjourn

Meeting was adjourned at 12:23 P.M.

04/07/2020 City Commission Minutes

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Tuesday, April 7, 2020

5:00 PM via Microsoft Teams. Board Members attended 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.

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

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

Others Present: City Auditor Richter, City Attorney Martineck, City Assessor Hansen, and Chad Petersen with KLJ.

Call to Order

Roll Call

Best Tasting Water Presentation

Erik Volk with ND Rural Water presented the City of Valley City with an award for the Best Tasting Water. The competition took place at the ND Rural Expo in Fargo in February. The City will have a chance to compete at Nationals held in Washington D.C.

Approval of Agenda – No Changes

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the March 18, 2020 meeting, seconded by Commissioner Ross. 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 $1,931,152.61
  3. Approve Raffle Permits for Barnes County Wildlife Federation and Valley Quilters

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

Public Comments

There were no public comments.

Ordinances

Approve second and final reading of Ordinance No. 1051, an Ordinance Annexing Auditor’s Lot 5 of the NE ¼ of the SW ¼ of Section 27, Township 140, Range 58

Attorney Martineck reported there were no changes from the prior meeting. This ordinance pertains to the development of a residential subdivision. Commissioner Magnuson moved to approve Ordinance No. 1051, seconded by Commissioner Erickson. The motion passed unanimously.

Resolutions

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

Attorney Martineck stated the Planning and Zoning Board met and held a public hearing regarding the plat. The Planning and Zoning Board recommended approval of the plat based on the following conditions: defining the wider roadway, identifying the park & walking path, giving the pond and unusable land a designated lot number, and approval of no sidewalks needed. Commission discussed these conditions that need to be addressed before this plat is approved including a written agreement with Barnes Rural Water, a Performance Bond, and a Developer’s Agreement. Commissioner Magnuson would like to see dollars put aside annually for infrastructure expansion. Magnuson moved to table Resolution No. 2251, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Resolution No. 2252, a Resolution Approving Plat of Plecity Mobile Home Park

Attorney Martineck stated the Planning and Zoning Board met and held a public hearing regarding the plat. The Planning and Zoning Board recommended approval of the plat with the condition of confirmation and inclusion of utility easements and a possible 60’ right of way of 17th Avenue SW. Attorney Martineck stated that after further review the maximum width of 17th Avenue SW is 56 feet based on current conditions. Commissioner Bishop moved to approve the plat, seconded by Commissioner Erickson. The motion passed unanimously.

New Business

Update regarding garbage collection the remainder of this week

President Carlsrud stated Friday, April 10th is a holiday, city offices will be closed, and city crews with not be operating. Friday’s garbage pick-up will be picked up on Wednesday and Thursday this week.

City Updates & Commission Reports

City Auditor Richter reported on the election on June 9th. Election will be strictly vote by mail with no in-person voting. There will be a drop box available on the north side of the court house to drop off ballots. Be watching for your ballots in the mail. If you don’t receive ballots by April 30th, call or email the Barnes County Auditor.

Chad Petersen with KLJ reported on Permanent Flood Protection Phase IIA and III. The contractor and subcontractor plan to resume work in the middle to end of April. KLJ and City staff reviewed the City’s Urban Road Program to look at possible projects that might be eligible for a new COVID funding package through the Federal Aid Urban Road System.

Commissioner Erickson encouraged the public to play it safe with COVID and protect yourself and others.

Commissioner Powell inquired when the 5th Ave NW project will be starting. Chad stated the pre job is tentatively scheduled for the end of April and start date would be early May. When we have a more firm date KLJ will work on communication with the property owners. Commissioner Powel also asked what the best source is to answer questions regarding COVID. President Carlsrud recommended following the recommendations of the Governor and encouraged people watch the press conferences.

Commissioner Bishop gave a shout out to the Police and Fire Departments in handling the COVID situation.

Commissioner Magnuson thanked all the entities and gave a shout out to City staff and President Carlsrud for being a tremendous leader through this COVID process. He commended the Governor for his good guidance on closings. Thank you to fellow Commissioners. Everyone stay safe, reach out to others, and support our local businesses.

President Carlsrud gave a shout out to Wade Hesch and Sherry Keys at the Water Treatment Plant. Census 2020 generates money and offsets cost just by getting everyone counted. Everyone needs to be counted. Fargo is emphasizing staying at home with more positive COVID tests, make good judgements.

Adjourn

Meeting was adjourned at 5:50 P.M.

04/13/2020 Board of Equalization Minutes

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The City Commission meet on Monday, April 13, 2020 at 4:00 PM CT, via conference call. Board Members attended 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.

President Carlsrud presided and continued with roll call.

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

Members absent: Commissioner Powell.

Others Present: Finance Director Richter, Assessor Hansen, City Attorney Martineck.

Finance Director Richter read North Dakota Century Code sections 57-11-01, 03 and 07 pertaining to the duties of the Board of Equalization.

President Carlsrud declared the hearing open at 4:06 P.M. City Assessor Sandy Hansen reported the changes in property values within the city for 2020. An overall summary was read and submitted, with the breakdown as follows:

Property Type  2019 State Certified Values 2020 Projected Totals    $ Change % Change
1.  Residential Land  $               34,837,100  $             35,274,600  $          437,500 1.26%
2.  Residential Structure  $             212,371,200  $           218,227,600  $         5,856,400
2.76%
Grand Total Residential  $             247,208,300  $           253,502,200  $         6,293,900
2.55%
         
3.  Commercial Land  $               33,761,081  $             34,463,755 $           702,674 2.08%
4.  Commercial Structure  $             118,677,009  $           124,187,065  $           5,510,056
4.64%
Grand Total Commercial $           152,438,090  $          158,650,820  $           6,212,730
4.08%
       
5.  Agricultural Land  $                     95,700  $                    98,800  $                  3,100 3.24%
Grand Total Agricultural  $                    95,700  $                   98,800  $                  3,100 3.24%
         
5.  Total Market Value  $        399,742,090  $      412,251,820  $       12,509,730
3.13%

City Assessor Hansen reported the parcels for Waterfront Meadows Annexation will be added to the tax rolls in 2021.
 
Sixty-five notices of increase were sent out. The following property owners contacted City Assessor Hansen regarding the notice of increase for 2020.

PARCEL nUMBER pROPERTY OWNER REQUESTED CHANGE
63-4270414 Joshua & Jackie Gow The house had been updated and was recently purchased. The house was not reviewed in 2017 when the City Assessor was in neighborhood. Dropped value by $2,300 per changes confirmed with new property owners (ie, siding was repainted, not new) prior to the meeting.

No written comments were received by City Auditor.

Commissioner Magnuson moved to close the hearing, seconded Commissioner Bishop. The motion passed unanimously.

Commissioner Bishop moved to approve the assessment book as presented by the City Assessor, seconded by Commissioner Erickson.  The motion passed unanimously.

Adjourn

The meeting was adjourned at 4:33 p.m.

04/16/2020 Special Meeting of City Commission City Administrator Search Committee

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Valley City, North Dakota

Thursday, April 16, 2020
5:30 PM

The City Commission City Administrator Search Committee meet on Thursday, April 16, 2020 at 5:30 PM CT, via conference call. 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.  

President Carlsrud called the meeting to order at 5:30 PM.

Committee Members Present: President Carlsrud, Commissioner Magnuson, Commissioner Bishop, Commissioner Erickson, Commissioner Powell, City Attorney Martineck, Public Works Superintendent Differding, Sanitation Department Head Swart, Police Chief Hatcher, Fire Chief Magnuson, City Auditor Richter.

Committee Members Absent: Electrical Superintendent Senf, Water Treatment Plant Superintendent Hesch.

New Business

Review applications and select finalists for City Administrator position.

Executive Session with City Administrator Selection Committee Members. Meeting must be closed pursuant to N.D.C.C. section 44-04-18.27

President Carlsrud declared the Executive Session began at 5:37 PM with all present committee members attending. Commissioner Powell moved to end the Executive Session at 6:01 PM, seconded by Commissioner Magnuson. Motion carried.

President Carlsrud reconvened the meeting at 6:10 PM. Commissioner Bishop moved to approve the finalists, seconded by Commissioner Magnuson. City Auditor Richter stated the finalists are Larry Thompson, Darcy Long, and Gwendolyn Crawford. All committee members present participated in roll call vote and voted aye. The motion passed unanimously.

Adjourn

Adjourned at 6:15 PM.