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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.

03/18/2020 City Commission Minutes

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Wednesday, March 18, 2020

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, Chad Petersen from KLJ.

Approval of Agenda – Addition of Consent A(D); Consent B(B); Consent C; R4; Removal of N1

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the March 3, 2020 meeting, seconded by Commissioner Powell. Motion carried.

Approval of Consent Agenda

  1. Approve Electrician, Plumber and/or Mechanical Contractor License(s) for the following businesses:
    1. Differding Electric, LLC
    1. Hope Electric, Inc.
    1. Sheyenne River Repair
    1. And complete applications received by March 31, 2020 in the Auditor’s Office
  2. Approve House Movers License for the following businesses:
    1. Liechty Homes, Inc.
    1. And complete applications received by March 31, 2020 in the Auditor’s Office
  3. Approve Raffle Permit for St. Catherine Knights of Columbus, Disabled American Veterans

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

Ordinance

Approve first 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
City Attorney Martineck reported the petition for annexation received is for the area south of Lakeshore Acres (south of I-94). Bridgetown Partners is proposing a 40 lot residential subdivision. Donny Eberle, Bridgetown Partners appeared by phone and had not further comments.

Commissioner Magnuson moved to approve the first reading of Ordinance No. 1051, seconded by Commissioner Powell. The motion passed unanimously.

Resolution

Approve Resolution No. 2246, a Resolution Determining Sufficiency of Protests for Paving Improvement District No. 120 (NDDOT Project No. UGP-2-999(051), PCN 2280) on Central Avenue S

City Auditor Richter reported the property owners received notice of work for both Paving Improvement District No. 120 and 121 and the opportunity to attend a public meeting. No one appeared. No protests were submitted for either project. One letter raising concerns was received and included in the meeting materials.

Commissioner Bishop moved to approve Resolution No. 2246, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Resolution No. 2247, a Resolution Determining Sufficiency of Protests for Paving Improvement District No. 121  (2020 Seal Coat)

City Auditor Richter referred to previous comments. Commissioner Powell moved to approve Resolution No. 2247, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Resolution No. 2248, a Resolution Accepting Bid and Awarding Contract for Paving Improvement District No. 121 (2020 Seal Coat)

Chad Petersen from KLJ reported bids were opened on March 12, 2020. Three bids were received which ranged from $109,210.89 to $136,789.15. The engineer’s estimate was $136,020.25. The recommendation is to award the bid to Asphalt Preservation Company of Detroit Lakes, MN in the amount of $109, 210.89.

Commissioner Bishop moved to approve Resolution No. 2248 and award bid to Asphalt Preservation Company of Detroit Lakes, MN, seconded by Commissioner Powell. The motion passed unanimously.

Approve Resolution No. 2250, a Resolution Ratifying Declaration of Emergency COVID-19

City Attorney Martineck reported President Carlsrud issued and declaration of emergency on March 17. This resolution extends the emergency until it is terminated by the City Commission.

Commissioner Erickson moved to approve Resolution No. 2250, seconded by Commissioner Magnuson. The motion passed unanimously.

New Business

Removed: Rural Opioid Prevention Education & Support (ROPES) Update by City-County Health District

City Updates & Commission Reports

City Auditor Richter reported the audit fieldwork will be completed electronically due to COVID-19.

President Carlsrud spoke regarding COVID-19. Cases have been reported in Fargo and screening are occurring here. Carlsrud stated the city is making decisions based on safety first and asked the public to use social distancing. Carlsrud & Commissioner Magnuson are meeting with staff daily to make plans.

Adjourn

Meeting was adjourned at 5:17 PM.

03/03/2020 Commission Minutes

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Tuesday, March 3, 2020

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, Public Works Accountant Jacobson, Building/Fire Inspector Andersen, Fire Chief Magnuson, Lieutenant Rustebakke, Chad Petersen from KLJ.

Call to Order

Roll Call

Pledge of Allegiance (please stand)

Approval of Agenda – Addition of Consent F, R1, N1, N9; Removal of R2

Approval of Minutes

Commissioner Powell moved to approve the minutes from the February 18, 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 $1,247,966.02
  3. Approve Block off the Street Request for Sheyenne Valley Soapbox Derby Association on June 6, 2020 on Central
  4. Approve Electrician, Plumber and/or Mechanical Contractor License(s) for the following businesses:
    1. Bakkegard & Schell, Inc.
    1. Dakota Electric Construction Inc., Co.
    1. Enterprise Electric, Inc.
    1. Grotberg Electric, Inc.
    1. Grotberg Electric, Inc. dba Triton Mechanical
    1. Hi-Line Electric, Inc.
    1. John’s Refrigeration & Electric, Inc.
    1. Kohn Electric, LLC
    1. Moorhead Electric, LLC
    1. Peterson Mechanical, Inc.
    1. RJ’s Plumbing & Heating, Inc.
    1. Scott’s Electric, Inc.
    1. Sheyenne Mechancial
    1. Wrigley Mechanical, Inc.
  5. Approve House Movers License for the following businesses:
    1. Carrington House Movers, Inc.
  6. Approve Raffle Permit for Valley City Lions Club

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

Public Comments

There were no public comments.

Resolutions

Approve Resolution No. 2246, a Resolution Declaring 2020 Spring Flood Emergency

President Carlsrud introduce the resolution and stated that the flood emergency will be declared to ensure the paperwork is in order to provide opportunities to recover costs. Commissioner Powell moved to approve Resolution No. 2246, seconded by Commissioner Erickson.

Removed: Approve Resolution No. 2247, a Resolution Requesting Emergency Flood Assistance

New Business

Approve Engineering & Technical Support Contract with KLJ for 2020 Valley City Spring Flood Assistance

Chad Petersen from KLJ stated the agreement will allow KLJ to assist the City with emergency flood protection efforts. The Army Corp of Engineers has requested model and other information for their preparation efforts. KLJ also needs to prepare permits for the State Engineer’s Office. Petersen stated this is an hourly contract.

Commissioner Bishop moved to approve the contract with KLJ, seconded by Commissioner Magnuson. The motion passed unanimously.

Receive Update regarding 2020 Census
Fire Chief Magnuson provided the update and encouraged participation as each citizen counted yields $19,000 in a ten year period. The Census Bureau is looking for temporary employees. The City encourages residents to participate.

Approve Recommendations from the Visitors Committee

  1. Recommendation to include and/or amend a 12 month deadline to use funds with an option for a 6 month extensions for the Image Enhancement Grant, Image Enhancement Grant for Historic Buildings, and the Food & Beverage Grant
  2. Recommendation to implement the deadlines as presented for outstanding projects including Wild Prairie Bakery, Brockopp Brewing, Ivy Real Estate, Chamber of Commerce – Rosebud
     

Chair Bobby Koepplin spoke regarding the request that was tabled from the February 18, 2020 City Commission meeting. The Committee would like to have all projects completed within twelve months, with an option for a six month extension (upon request); at the expiration of the extension time period, funds would be de-obligated and available to other applicants. Applicants could also re-apply for the remaining balance for incomplete items outlined in the original grant (this does not provide for an additional grant within the ten year time period). Currently the Food & Beverage Grant has this deadline. The Committee would like this added to the Image Enhancement & Image Enhancement for Historical applications.

Koepplin reviewed the recommended deadlines for the outstanding projects in item b.

Commissioner Magnuson moved to approve the 12 month deadline with an option to have a 6 month extension but to grandfather out the current projects as they did not have a deadline to start with, if the applicant wants to de-obligate the funds themselves, they can; seconded by Commissioner Bishop.

Koepplin inquired if it would be possible to sit down and talk to the applicants, to see if the applicant would be willing to de-obligate the funds with the option to re-apply should they be able to finish the project in the future.

Commissioner Magnuson, Commissioner Erickson, and Commissioner Bishop agreed with Chair Koepplin’s understanding.

The motion passed unanimously.

Consider Site Authorization for Valley City Hockey and Figure Skating Club at Youth Sports Complex

Commissioner Powell moved to approve the gaming site authorization, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Purchase of Freightliner Truck with Leach Packer for Sanitation Department for net purchase price of $175,316.00

Public Works Accountant Jacobson reported on this purchase which was included in the capital budget. Bids were received and Department Head Swart recommends taking the most cost effective option over time instead of the lowest bid, which is for a leach packer.

Commissioner Erickson moved to approve the request, seconded by Commissioner Powell. The motion passed unanimously.

Approve Purchase of Trailer from M&G Trailer Sales in the Amount of $13,822.50 for the Electrical Department

Public Works Accountant Jacobson stated this trailer is included in the capital budget. Commissioner Bishop moved to approve the purchase, seconded by Commissioner Erickson. The motion passed unanimously.

Consider Amendment to Engineering Agreement for Permanent Flood Protection Phase IV

Chad Petersen from KLJ requested an amendment to the engineering agreement for Permanent Flood Protection IV due to additional services needed for the CLOMR. This amendment is for contract maximum of $340,225 which will be cost-shared with the State Water Commission.

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

Consider Cost-Share Request to ND State Water Commission for Additional Engineering Services for CLOMR Process

Chad Petersen from KLJ requested approval to move forward with a parallel path for a modified Permanent Flood Protection Phase IV Construction in conjunction with CLOMR process. CLOMR should be approved in 12 to 18 months. This request for the State Water Commission to transfer funds already approved for the City of Valley City to this project. The total request is $1.5 million which has 85% state cost share; 15% local cost share. No additional work is being added to PFP, it is just being done earlier. This will be discussed at a March 12, 2020 State Water Commission subcommittee meeting.

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

Approve Authorization to Apply for Bank of North Dakota New Infrastructure Loan Fund for Valley Plains Annexation

Jennifer Feist presented the request for authorization to submit a loan application to the Bank of ND. This will provide for infrastructure development at the southeast portion of [Exit 294] for potential expansion of Valley Plains Implement. Tax Increment Financing (TIF) will be applied for with a loan through the Bank of ND which provides costs savings over a bond. The loan application is due March 12 and only open once per year.

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

City Updates & Commission Reports

City Attorney Martineck clarified that the flood emergency was declared but there is not an imminent threat to the community.

Commissioner Powell encouraged the public to attend the Erlandson Fundraiser at the HAC.

President Carlsrud stated he and Commissioner Bishop attended the recent American Public Power Association (APPA) event in Washington, DC.

Adjourn

Meeting was adjourned at 5:40 P.M.