Minutes Available text with City of Valley City Logo above

5.4.2021 Commission Minutes

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

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

Others present:  City Administrator Crawford, City Attorney Martineck, Deputy Auditor Klein, City Assessor Hansen, PW Supervisor Jacobson, Fire Chief Magnuson, Police Chief Hatcher, City Engineer Chad Petersen, John Hill, Amy Pederson(VCPR), Mike Strom(KLJ).

call to order

Meeting was called to order at 5:00 PM

Pledge of Allegience

Approval of Agenda

Add N11.

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the April 13th and April 19th meetings, seconded by Commissioner Magnuson.  Motion carried.

Arbor Day Proclamation

Approval of Consent Agenda

  1. Approve Monthly Reports from the Fire Chief, Building Inspector, Auditor, Municipal Judge and Public Works Accountant.
  • Approve Monthly Bills for the City and Public Works in the Amount of $3,519,166.04               

1.  Approve Application to Block Off Street for VCSU-VC Activities Board from 3 PM to Midnight on May 5th for the End of Year Street Dance on 2nd Ave SW, East Side of the Student Center and Library.

2. Approve Application to Block Off Street for Sheyenne Valley Soapbox Derby Association for the Soapbox Derby Race held from 6 AM to 6 PM on June 5th, Central Ave from 3rd St to 9th St.

3.  Approve Raffle Permit for Bridge City Cruisers.

4.  Approve Raffle Permit for Fraternal Order of Police James/Valley Lodge #4.

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

Ordinance

Approve First Reading of Ordinance No. 1074, an Ordinance enacting a new section of the Valley City Municipal Code relating to Wireless Telecommunication Facility Guidelines.

City Attorney Martineck stated no changes from the first reading.  This allows the Auditor Department to determine when the contractor licenses are due.

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

Approve Second and Final Reading of Ordinance No. 1078, an Ordinance to Create and enact Section 15-01-12.1 re Tax Assessment of Unpaid Utility Charges.

City Administrator Crawford stated this is the ordinance we spoke about that if an account hasn’t been paid we will put it on the property.  We are still working out the details but the ordinance would be okay the way it is. We would also give notice to the land owners so they have until January to get everything figured out.

City Attorney Martineck stated no changes from the first reading.

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

Approve Second and Final Reading of Ordinance No. 1074, an Ordinance Enacting a new section of the Valley City Municipal Code relating to Wireless Telecommunication Facility Guidelines.

City Attorney Martineck stated a few minor changes since the first reading based on comments received from our City Planner, Joel Quanbeck.  Administrative changes in wording and also clarification that this does not apply to WiFi businesses provide to their customers.  There was a provision for a noise study to be done at Commission request.  It was originally stated that within 20 feet of a residential structure they could request a noise study.  We got rid of that and now they can request a noise study within any distance.

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

Approve Second and Final Reading of Ordinance 1075, an Ordinance Amending and Reenacting Sections of Titles 7 and 11 of the Valley City Municipal Code Related to Building Permits and Zoning Code Violations.

City Attorney Martineck stated no changes from first reading.  This is giving some more avenues for our Planning and Zoning committee to enforce.

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

Approve First Reading of Ordinance 1079, an Ordinance Amending and Reenacting Section 12-02-01 of the Valley City Municipal Code re Property Maintenance definitions.

City Attorney Martineck stated in our ordinance we have various definitions for what junk is.  We are trying to expand the definition a bit for some things that are out on private property like old tools, tires, ashes and debris etc.

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

Resolution

            Approve Resolution 2294, a Resolution Authorizing Filing of Application with NDDOE for Clean Water & Drinking Water Loan.

Deputy Auditor Klein stated this is just to get the ball rolling on this application.  It’s a low interest loan for what we assess the property owners for the sewer, water and storm sewer.  It gives us a better interest rate that we can pass on to the property owners.

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

New Business

Approve Designating Funds from the Cares Act Relief Funds in the amount of $25,000 for Lights to Place on the Elks Foot Bridge and in Veterans Park and $5,000 for the VC Park District to add concrete corn hole games to Chautauqua Park.

City Administrator Crawford stated we want to make sure that the $25,000 is for lights and other decorations so if we don’t use it all on lights we can use it in other places.  There are currently 12 horseshoe games and you would be changing out 4 of those for cornholes and the reason you are coming to the City is because of the large loss you had last year due to covid.

Amy Pederson from VCPR stated right now if people wanted to rent bags right now the plan is to have them at the Wellness Center.

Commissioner Gulmon moved to approve with the addition off the additional decorations to be added with the lights, seconded by Commissioner Bishop.  Motion carried.

Approve Recommendation from Renaissance Zone Authority Board to approve application from John Hill for the 5 year property tax and 5 year income tax exemption up to $300,000 and designate it as VC-128.

Deputy Auditor Klein stated this is approved by the RZ Board for a new home John will build.  John is here if you have any questions.

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

Approve Recommendation from Renaissance Zone Authority Board to approve four applications from Legacy Developments for the 5 year property tax and 5 year income tax exemption up to $300,000 each, contingent on receiving their Certificate of Good Standing, and designate them as VC-129, VC-130, VC-131 and VC-132. 

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

Amend City Administrator’s Contract.

City Attorney Martineck stated the purpose of the contract is to correct a discrepancy in the original contract so City Administrator Crawford will get her entire allotment of vacation at her anniversary date and start accruing annual leave like every other employee.  

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

Approve Bluescope Contract.

City Administrator Crawford stated she would like the Commission to approve the contract that was provided in the materials.  It has the final amount, the only thing that might change is if there is anything to do with the additional 12 feet. Carl has sent it to our Zoning Official to make sure everything is correct.

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

Amend Resolution 2292, a Resolution Approving Plat of Hyland Park District.

City Administrator Crawford stated there was just some clarity that needed to be made.  One of the parts that was very important to the P&Z is having sidewalks as the ordinance has stated.  They were understanding that they didn’t need any there because they didn’t go anywhere.  Bruce has found a way to add the sidewalks so we are asking for the amendment.

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

Approve offer for purchase of property located at 476 5th Ave NE.

City Administrator Crawford stated there was an offer for that property for $5000, they are aware that it is in a floodplain so there will be some restrictions.  They will be working with the school so the Vo-Tech will be building that on the land.  They are also aware that the water and sewer have concrete in them, they were not just blocked off.

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

Approve Preliminary Design Engineering Agreement for Water/Sanitary Sewer Extensions to Nextera Addition.

Chad Petersen from KLJ stated included in your packet is a contract as well as a location map where the extensions are.  Basically it’s taking the water and sewer from the north across interstate.  The contract prepares the detail plans and specification for bidding purposes as well as the permits from the NDDOT for the interstate crossing and utilities.

City Administrator Crawford stated the reason she asked Chad to bring this agreement today was they will not be doing the work until this is done.  The day it’s finalized we don’t have any extra time.  Right now there was a traffic study that was done from their engineer turned into the DOT, the DOT went to the state and there were some discrepancies that are not okay with the current owner.  They’re trying to work through those and negotiate that.  We do thing that we’ll be able to find a solution but that’s been holding things up and as soon as we’re ready to go, it’s going to go fast.  If everything goes right we want the walls up before winter and they can work inside during the winter.  We had meetings with the owners and Barnes Rural Water as well and got them to agree to give use those easements as long as everything moves forward.

Commissioner Bishop asked if they will put sleeves under the interstate.

Chad responded that they are working the details.  The material they used for the water main at Love’s the material used for that didn’t need a casing pipe so we’re going to look at that.

Commissioner Magnuson moved to approve, seconded by Commissioner Bishop. 

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

Approve Site Authorization Renewal for Valley City Baseball Association at The Clubhouse Lounge from 7/1/2021 through 6/30/2022.

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

Discuss VCFD GMC Commercial Rescue Contract.

City Administrator Crawford stated the Rescue Department has found a vehicle that they feel they cannot pass up for the price.  Through the budget found that they could put the down payment on it this year and cover the rest next year when we receive the truck.

Commissioner Bishop stated he thinks it’s a good purchase for the FD given the fact that rescue calls are going up.  We all know that time means lives.  The more time that they have to find the equipment at the haul and load it in the back of the truck when all of it can just be stored on the truck saves a lot of time.

Commissioner Gulmon stated he was unsure of this project coming into this meeting.  We just spent a lot of money on the addition to the fire hall but after listening to the comments today and this money is in the budget, it’s hard to say no when it can affect lives so I changed my mind after hearing the conversations.

Commissioner Magnuson declared conflict and abstained from voting.

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

City updates & Commission Reports

City Administrator Crawford reported we are still working on the policies and procedures working through for junk.  The police and fire department have stepped up for their portion of these and are all doing a great job and as we keep finding every day, there is something new that we have to take on.  Rest assured everyone is being treated the same.  There are actual policies in place so if someone thinks it’s not fair because someone else gets to do something, it just takes time for us to get to that portion.  It won’t happen overnight, we are taking care of things as they are brought to our attention.  Another thing that was brought to our attention was that we have some encroachments on Main.  First it started in 2009 than in 2011 it was brought up from the information and were working with Dave Anderson.  He had them identified and letters were written up, there’s just some question on what happened after that.  First were going to go over what we’re looking at and then we’ll have Lance start working on getting those cleaned up.  It affects your federal funding if it’s not cleaned up.  Some are as simple as a sign needs to be permitted correctly.  There was a list of 40 properties, we cleaned up 6 and added 4.  Some were as simple as moving a movable sign.

Also working on the policies on utilities.  Carl has some concerns on making sure we can actually move forward with enforcement and so we have some other cities we are working with that do the same thing so we just want to make sure our policy is correct. 

An update on the storage building, we signed a purchase agreement.  KLJ got the information to the State Water Commission for us so we cannot purchase anything until we’re approved for that.

City Attorney Martineck stated as far as ordinance changes, we’re looking at a couple different ordinances coming up.  There has been some ongoing issues with cleanup in our mobile home parks so we’re working on that.  There have also been issues with clean up for fire damaged properties.  Joel Quanbeck has some good ideas for updating our zoning codes so those will be discussed at our next PZ meeting.   

Deputy Auditor Richter stated we do have a meeting tomorrow night at 5:30 for the informational meeting for property owners within the storm sewer.  They all received a letter.

PW Manager Jacobson reported that we had around 950ish people sign up for emails so this will definitely help us in PW.

Fire Chief Magnuson thanked the Commission and everyone that helped with the addition to the building.  It’s really dry out.  No open burning in the city, you can have a fire pit but no burning in dikes or anything.  Please use an approved fire pit and have something nearby that can put it out if it gets out of control.

Chad Petersen 5th Ave NW moved in a week or two ago and got started on the concrete.  As of Monday all the concrete work has been completed on 5th Ave.  Right now they are working on repairs before the top layer of asphalt.  We’re anticipating by the end of May they should be wrapping that up.  7th Ave NW-2nd Ave NE project, they just had the preconstruction meeting for that project and they were anticipating starting a week or so ago but due to some delays in receiving some of their materials they have not started yet.  They are looking at starting Monday of next week.  Streetscape II project, we are looking at starting on the 17th so we will look at scheduling a preconstruction meeting for that.    

Commissioner Gulmon the Public Library stated appointments are no longer required but are encouraged.  They are increasing to 10 patrons allowed in the building at one time, 5 upstairs and 5 downstairs.  They will no longer quarantine returned materials.  Face masks are required, curb side service will continue.

Commissioner Erickson reminded everyone that clean up week is the end of the month, May 24-28.  Separate your piles.

Commissioner Bishop shout out to the city crews.  You notice that some paint has been put down, it really looks good.  I know I sound like a broken record but if you see a police officer or volunteer fireman, thank them.  They do a good job and a lot of times don’t get the thanks they deserve.

President Carlsrud the City County Health has vaccines available and they are taking walk-ins.  I encourage you to get your vaccines so we can get to herd immunity.  Thanks to everybody here and thanks to you that are watching.  In about a year, three of us will be up for reelection, consider running.

Adjourn

Meeting was adjourned at 5:48 P.M.

 

4.19.2021 Commission Minutes

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

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

Others present:  City Administrator Crawford, City Attorney Martineck, Finance Director Richter, Deputy Auditor Klein, City Assessor Hansen, PW Supervisor Jacobson, Fire Chief Magnuson, Police Chief Hatcher, Operations Supervisor Klemisch, City Engineer Chad Petersen.

call to order

Meeting was called to order at 5:00 PM

Approval of Agenda

Approval of Minutes

Commissioner Magnuson moved to approve the minutes from the April 6th meetings, seconded by Commissioner Gulmon.  Motion carried.

Approval of Consent Agenda

A.  Approve Raffle Permit for

            a. Valley City Education Association

            b. Valley City Area Chamber of Commerce

            c. Express Wrestling  

B.  Approve Block Off Street Request for the Valley City Area Chamber of Commerce for the Rally in the Valley Event held on June 19th 2021 beginning from 6AM to 5 PM.

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

Ordinance

Approve First Reading of Ordinance No. 1077, an Ordinance amending and reenacting VCMC section 8-01-02 re contractor license renewal date.

City Attorney Martineck stated this is a housekeeping change.  It allows the Auditor’s Office to determine the form of the application for contractor’s licenses and also the date they are due every year.

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

Approve First Reading of Ordinance No. 1078, an Ordinance to Create and enact Section 15-01-12.1 re Tax Assessment of Unpaid Utility Charges.

City Administrator Crawford stated this is what we discussed at our last meeting. This is to add it generally and we will put the rest in the policies as we go so everyone has enough notice.  This ordinance will be added but would not go into effect until January 1st

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

Approve Second and Final Reading of Ordinance No. 1076, an Ordinance to amend and reenact section 7-04-04 of the Valley City Municipal Code related to numbers on buildings.

City Attorney Martineck stated there are no changes from the first reading.  This is the regulations for the size on the building and making sure they are consistent with building codes.

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

Approve First Reading of Ordinance 1075, an Ordinance Amending and Reenacting Sections of Titles 7 and 11 of the Valley City Municipal Code Related to Building Permits and Zoning Code Violations.

City Attorney Martineck stated this ordinance was reviewed by the Planning and Zoning Committee and their recommendation was to approve.  This gives the Planning and Zoning Committee the administrative authority to access fines and fees for violations of the zoning code and building without a permit.

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

Resolution

Approve Resolution 2292, A Resolution Approving Plat of Hyland Park Estates.

City Attorney Martineck stated the Planning and Zoning Commission received an application for a new residential subdivision in the NW part of town from Valley Realty.  The new development includes multifamily housing including an apartment complex and townhomes.  The Planning and Zoning Commission did recommend approval with some conditions.  The first is that the development proceed according to the guidelines for an R4 district, that sidewalks be included in the project, the storm water management plan be completed before the development proceeds and that there be a dedication of open space pursuant to code which is 12% of the land or cash in lieu of dedication of the land.  There were also some issues in whether or not there were sufficient easements and whether the plan for the project met city standards.  City Attorney Martineck stated he checked with staff and there weren’t any issues with the easements or infrastructure going into the project but we do need to discuss the storm water management plan, the dedication of open space, the sidewalk issue and the size of the apartment complex.  In our Zoning Ordinance it talks about the maximum number of units in a R4 district being 24.  Looking at the history of the ordinance, prior to the ordinance being changed in 2015 there was an identical definition of R4 multifamily housing except in the original ordinance it said any multiple family dwelling with more than 24 units requires review and approval of the Valley City Planning and Zoning Commission.  The interpretation at the Planning and Zoning meeting last week was that 24 was the maximum and there wasn’t any room to go over.  Reviewing the code you could go up to any number that was reasonable for the area.  We have done complexes up to 42 in R4 districts since the ordinance was changed.  If you were to approve the 36 units it would be the same as what has been done the last 4-5 years.

Bruce Hoyt stated in Fargo whether we do the storm management plan up front or at the end I can’t get a building permit or an approval, letter of occupancy until the storm water has been approved so I can do it either way that you like.  The 36-plex right now we would move a little bit to the south so we can increase a little bit more on the north for the storm water detention pond.  It compares exactly to the bigger complex.  Bruce also stated they can work the dedication of open space in.  As far as we’re concerned, if sidewalks are an absolute, we’ll do sidewalks.

Mike Strom from KLJ added that the storm water plan changes depending on the size of the complex so that can’t be completed until we know what can be built.

Commissioner Erickson expressed his concern with a 36-plex having more water coming off and the retention pond only being able to hold for so long.  You put a 36-plex up there will be a lot of run off and it will end up going over to the creek which will come back into town.

Chad Petersen from KLJ stated the pond has to be sized for whatever the build is so the intent is that the runoff won’t be any greater than what the preexisting conditions are.

Consensus was given that the storm water management plan is completed prior, to allow 36 unit and sidewalks are not needed on this project.  We will need to negotiate with the developer for the dedication of open space.

Commissioner Gulmon moved to approve plat with conditions agreed upon for a multifamily housing unit, maximum of 36 units, seconded by Commissioner Magnuson.

Roll Call: Magnuson-aye          Erickson-nay    Gulmon-aye    Carlsrud-aye    Motion carried.  

Approve Resolution 2289, A Resolution Declaring Sufficiency of Protest for Paving Improvement District No.  122 (Main Street Seal Coat).

Finance Director Richter stated the protest period was published as required, letters were sent and we also held an informational meeting.  We had one person inquiring about the project, but no protests.  With that I recommend a positive motion on this to proceed.

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

Approve Resolution 2290, A Resolution Approving Plat of Ingstad North Valley Subdivision.

City Attorney Martineck stated the Planning and Zoning received an application for a subdivision for three homestead lots on this plat and recommends approval.  

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

Approve Resolution 2291, A Resolution Approving Petition for Vacation of Undeveloped Portion of 11th Ave SE.

The Planning and Zoning received a petition to vacate a very small portion of undeveloped land.  The recommendation is to approve.

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

Approve Resolution 2293, A Resolution Approving replat of Lot 1 Block 3 Waterfront Meadows Addition.

City Attorney Martineck stated the Planning and Zoning Committee received an application to increase the size of one lot in the Waterfront Meadows Addition.  Approval is recommended with no conditions.

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

New Business

Approve Valley City Barnes County Development Corporation request for $25,000.

Jennifer Feist stated this request is for securing architectural services in order to encourage development in the downtown area.

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

Approve Special Alcohol Beverage Event Permit for Mark Ertelt Benefit at The Labor Club South Parking Lot, May 1st, 2021 from 2 PM to 2 AM.

Finance Director stated she visited with Police Chief Hatcher about the 2 AM closing.  He did sign off on it and said it was strictly the overflow.  Everything is inside but if there is an overflow of people they would like it approved.

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

Approve Special Alcohol Beverage Event Permit for Celebration of Small Business at City Lights Parking Lot, July 23, 2021 from 6 PM to 11 PM.

Finance Director Richter stated she didn’t see any issues with this application and Bergans are on the call if there are any questions.

City Administrator Crawford stated she spoke with Tommy but they will want to fill out a road closure permit.  Clint thought it would be best since the road is a public road that drives through the parking lot.

Chad said that was fine and asked if the time is set in stone once approved?  Can we change it to 12AM?

Commissioner Gulmon moved to approve with the 12AM time, seconded by Commissioner Magnuson.  Motion carried.           

Approve Special Alcohol Beverage Event Permit from The Clubhouse Lounge LLC for the Garrett McFadgen Benefit at the ND Winter Show, May 3, 2021 from 6 PM to 9 PM.  

City Administrator Crawford stated Kayla Coleman from the Clubhouse was on the call if there were any questions.

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

Approve Housing Incentives.

City Administrator Crawford stated after the Finance Meeting we discussed what would be the best solution to move forward.  Commissioner Gulmon stated we discussed our existing which is $1600 upon closing and there’s a 2 year tax incentive up to $150,000 value of the property.  Our proposal is to increase that to a $5000 incentive.  We would like that to start in 2021 and would also like to budget $50,000 annually from the Public Works to continue this.  We would also like to create a fund for infrastructure for new developments that would bring the underground services to new developments.  Starting with $250,000 of Prairie Dog funds and then potentially in the future consider 10-15% of future Prairie Dog funds to go towards this account.

Commissioner Gulmon motioned to accept the proposal as presented in its entirety with a minimum of Prairie Dog funds being set at 10% with an option to review at that point, seconded by Commissioner Magnuson.  Motion carried.

Approve Application for Property Tax Exemption for Improvements to Residential Building at 218 7th Ave NW. 

City Assessor Hansen stated the application pretty self-explanatory.  This is the 5 year exemption on just improvements.

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

Approve Submission of a Loan Application to RDFC (Rural Development Finance Corporation) for the Partial Financing of the Addition to the Fire hall.

Finance Director Richter statedthis is a low interest rate loan. Upon approval they would approve up to 50% of the project cost with a maximum of up to $250,000 loan for 10 years.

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

Approve Administration of City of Valley City’s local sales, use and gross receipts taxes by State Tax Commissioner for 2021-2023 biennium. 

Finance Director Richter stated this is a renewal of the contract we enter into every biennium.  The new contract is $41 less per month than the prior.  In order for the state to administer the sales tax it would be $720/month.

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

Approve Contract with NDDOT for Facilitating Installation of Small Cell Wireless Facilities in DOT Right of Way.  

City Attorney Martineck stated at the next commission meeting the commissioners will be reviewing the final reading of the regulations for installing small cell wireless facilities in our right of ways.  This contract with DOT allows us to accept permits for the DOT right of way and apply our ordinances to that particular area. 

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

City updates & Commission Reports

City Administrator Crawford reported that one of the problems they’re having out of the landfill is people are bringing in their old wood chips and dumping them on the pile of new ones.  I would like to bring it back into the gated area so it can be monitored.  They are also working on signs for the landfill.  I went with Kendall to the Fargo landfill and they had some nice signs with arrows.  People don’t read wordy signs but if you have a couple of words with arrows they will and we feel that should help.

Fire Chief Magnuson stated the annual fundraiser is coming up on the 30thof April.  We had a group of firefighters test on Saturday, they did very well.  Our City Attorney drafted a rental agreement and we will be taking that to the County Commission.

Police Chief Hatcher stated a position was opened for a Police Officer.  This is a position that’s being filled due to a current officer taking a full time temporary position with the National Guard.  About 5 weeks until city wide clean up.  Now is a good time to assess your properties and think about what you need to get out to the curb when it’s time.  Also a reminder about the 72 hour ordinance for parking.  It’s 72 hours, it’s not once we give you notice 72 hours.

Chad Petersen KPH moved back in to start prepping for the sidewalk work on 5th Ave NW.  Roads will be closed on Wednesday.  Asphalt schedule is unknown, we are waiting on the restrictions to come off.  Guessing early May.  The preconstruction meeting for the Paving 119 and 119B was held.  The tentative plan is to start work next Monday.  The plan is to start on 2nd Ave NE between 5th St and 7th St.  Then they’ll bring in a second crew to start on 7th Ave West portion.  It will get pretty busy here in town.

Commissioner Gulmon thanked the Housing Committee that worked to develop the plan that we approved tonight.  This is a positive step towards building our community.

President Carlsrud commented on the landfill, it’s a pretty good service that’s provided there so please take care of it.  We’ve had a number of call periodically where neighbors have issues with one another but they haven’t talked to each other.  Please talk to each other.  Communication does a lot to help resolve conflict.  To all of our city employees, thank you.

Adjourn

Meeting was adjourned at 6:18 P.M.

Agenda Available

6.15.2021 Commission Agenda

The City Commission Meeting will begin on Tuesday, June 15th, 2021 at 5:00 PM CT, at the City Commission Chambers, 254 2nd Avenue NE, Valley City, ND.

The meeting is also available to view online https://zoom.us/j/99078997124 or listen by calling (1 346 248 7799) Webinar ID:  990 7899 7124.

Call To Order

Roll Call

Pledge of Allegiance (please stand)

Approval of Agenda

Approval of Minutes

Approve Minutes from the 6/1/2021 Meetings.

Approval of Consent Agenda

A.  Approve Block off Street Request Along 4th Ave SW from 4th St. to 6th St. SW for On the Move Let’s Walk Valley City Event held on July 19th, 2021 from 5PM to 8 PM.

Roll Call:          Gulmon           Erickson          Bishop            Magnuson       Carlsrud

Public Comments

Attorney General’s “A Citizen’s Guide to North Dakota Open Records & Open Meetings Laws” *A member of the public does not have the right to speak to the governing body at an open meeting.  The public is only entitled to see and hear what happens at a meeting, and to record or broadcast those observations.

  • No personal attacks to persons present or not
  • No inflammatory language used during time that you have the platform
  • 5 minute maximum or as directed by the chair
  • Thank you for participating in City Government.

PUBLIC HEARING

PH 1. Public Hearing to Consider Development Plan and Developer’s Agreement for Valley Plains Equipment (Nextera Properties) (City Attorney Martineck)

Declare Public Hearing Open.

Close Hearing.

Roll Call:          Bishop             Magnuson        Gulmon            Erickson           Carlsrud

Approve Resolution 2303, a Resolution Approving Developer’s Agreement, and TIF for Valley Plains Equipment (Nextera Properties)

Roll Call:          Erickson          Bishop            Magnuson       Gulmon           Carlsrud

Ordinance

1.  Approve Second and Final Reading of Ordinance 1083, an Ordinance Approving the Annexation of Lot 2 Block 1 of Love’s Valley Addition.  (City Attorney Martineck)

Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

2.  Approve Second and Final reading of Ordinance 1084, an Ordinance to Adopt and Enact section 12-01-11 of the Valley City Municipal Code re littering.  (City Attorney Martineck)

Roll Call:          Erickson          Magnuson        Bishop             Gulmon           Carlsrud

3.  Approve Second and Final Reading of Ordinance 1085, an Ordinance to Amend and Reenact Chapter 08-07 and Section 11-05-11 and to repeal Title 13 of the Valley City Municipal Code re Mobile Park Regulations.  (City Attorney Martineck)

Roll Call:          Gulmon           Erickson          Magnuson        Bishop             Carlsrud

4.  Approve First Reading of Ordinance 1086, an Ordinance to Amend and Reenact Subsection 2 of Section 15-01-19 of the Valley City Municipal Code re Responsibility for Utility Service Lines.  (City Attorney Martineck)

Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

Resolution

1.  Approve Resolution 2301, a Resolution Creating Consolidated Sewer & Water District No. 59 (Nextera).  (City Engineer)

Roll Call:          Erickson          Magnuson        Bishop             Gulmon           Carlsrud

2.  Approve Resolution 2302, a Resolution Providing for the Issuance of City Sales Tax Revenue Bond, Series 2021, for the local share of Permanent Flood Protection.  (Finance Director Richter)

Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

New Business

1.  Approve to Submit Application to the Bank of ND for loan for Fire Hall Addition.  (Finance Director Richter)

Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

2.  Approve Appointment for the Following Committees and Terms (Finance Director Richter):

            a. Planning & Zoning Commission-1 opening, 5 year term

i. Bobby Koepplin

            b. Renaissance Zone Board-4 openings, 3 year term

i. Tyler Marthaler

ii. Shannon Little Dog

iii. John Paul (JP) Jones

iv. Jeff Nathan

c. Special Assessment Commission-1opening, 6 year term

i. Jim Knutson

            Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

3.  Approve Quotes for Mill and Overlay on 2nd Ave SE.  (City Engineer)

Roll Call:          Erickson          Magnuson        Bishop             Gulmon           Carlsrud

4.  Approve Ending COVID 19 Emergency Resolution.  (President Carlsrud)

Roll Call:          Gulmon           Erickson          Magnuson        Bishop             Carlsrud

City Administrator’s Report
City Updates & Commission Reports
Adjourn

Agenda Available

6.1.2021 Commission Agenda

The City Commission Meeting will begin on Tuesday, June 1st, 2021 at 5:00 PM CT, at the City Commission Chambers, 254 2nd Avenue NE, Valley City, ND.  Members of the public are 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/95556765707 or listen by calling (1 346 248 7799) Webinar ID:  955 5676 5707

Call To Order

Pledge of Allegiance (please stand)
Roll Call

Approval of Agenda

Approval of Minutes

Approve Minutes form the May 18th Meeting.

Approval of Consent Agenda

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

B. Approve Monthly Bills for the City and Public Works in the Amount of $   1,297,026.82                   

  

C.  Approve Block off the Street Request for City Lights Wiffle Ball World Series from 5 PM-12 AM on July       24th, 2021 for Elm St. to Parking Lot of City Lights.

D. Approve Raffle Permit for SHINE.

E.  Approve 2021-2022 Renewal of Retail Tobacco Licenses for the following businesses:

      a. CHS Inc.

      b. Family Dollar Inc.

      c. Farmers Union Oil, Petro Serve

      d. County Bottle Shop Inc. dba The Liquor Locker

      e. Leevers Foods, Inc. at 148 South Central Ave.

      f. Leevers Foods, Inc. at 424 2nd Ave NE

      g. Casey’s

      h. And all licenses received before June 30 at 12 Noon

F.  Approve Renewal of Alcoholic Beverage Licenses for the following businesses:

      a. Brockopp Brewing, LLC

      b. Jimmy’s Pizza

      c. The Clubhouse Lounge, LLC

      d. Chinese Palace

      e. Hi-Line Hospitality, LLC

      f. Captains Pub

      g. Bridges Bar and Grill

      h. The Liquor Locker

      i. And all licenses before June 28 at 12 noon

Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

Public Comments

Attorney General’s “A Citizen’s Guide to North Dakota Open Records & Open Meetings Laws” *A member of the public does not have the right to speak to the governing body at an open meeting.  The public is only entitled to see and hear what happens at a meeting, and to record or broadcast those observations.

  • No personal attacks to persons present or not
  • No inflammatory language used during time that you have the platform
  • 5 minute maximum or as directed by the chair
  • Thank you for participating in City Government.

Ordinance

1.  Approve Second and Final Reading of Ordinance 1080, an Ordinance Rezoning the Undeveloped Land Located West of 8th Ave SE and South of 10th St SW West of Waterfront Meadows Addition.  (City Attorney Martineck)

            Roll Call:          Gulmon           Erickson          Magnuson        Bishop             Carlsrud

2.  Approve Second and Final Reading of Ordinance 1081, an Ordinance Relating to the Annexation of territory-Meadow View.  (City Attorney Martineck)

            Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

3.  Approve Second and Final Reading of Ordinance 1082, an Ordinance Approving Hidden Ponds Estates Planned Unit Development.  (City Attorney Martineck)

            Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

4.  Approve First Reading of Ordinance 1083, an Ordinance Approving the Annexation of Lot 2 Block 1 of Love’s Valley Addition.  (City Attorney Martineck)

            Roll Call:          Erickson          Magnuson        Bishop             Gulmon           Carlsrud

5.  Approve First Reading of Ordinance 1084, an Ordinance to Adopt and Enact section 12-01-11 of the Valley City Municipal Code re littering.  (City Attorney Martineck)

            Roll Call:          Gulmon           Erickson          Magnuson        Bishop             Carlsrud

6.  Approve First Reading of Ordinance 1085, an Ordinance to Amend and Reenact Chapter 08-07 and Section 11-05-11 and to repeal Title 13 of the Valley City Municipal Code re Mobile Park Regulations.  (City Attorney Martineck)

            Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

Resolution

1.  Approve Resolution 2297, a Resolution Approving a Petition to Vacation 15th Ave NE adjacent to Lots 4 & 5 of Block 1 of the Northern Pacific East Fourth.  (City Attorney Martineck)

            Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

2.  Approve Resolution 2299, a Resolution Approving the Plat and Variance request of undeveloped land located west of 8th Ave SE and south of 10th St SE, west of Waterfront Meadows Addition.  (City Attorney Martineck)

            Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

New Business

1. Approve Special Alcohol Beverage Event Permit for The Labor Club at the Labor Club South Lot June 19th from 7 PM to 2 AM for the Rally in the Valley Parking Lot Dance.  (Finance Director Richter)

Roll Call:          Gulmon           Erickson          Magnuson        Bishop             Carlsrud

2. Approve Site Authorizations Renewals for Eagles Aerie at the Eagles Aerie, Captains Pub, Labor Club, My Bar, City Lights and Tavern 94 from 7/1/2021 through 6/30/2021. (Finance Director Richter)

Roll Call:          Erickson          Magnuson        Bishop             Gulmon           Carlsrud

3. Approve Preliminary & Design Engineering Task Order for Project No. SU-2-990(061), OCN 23233-12th St N (9th Ave NW to 5th Ave NE) and 8th Ave SW/Winter Show Rd (Mill & Overlay and Turn Lanes). (City Engineer)

Roll Call:          Gulmon           Erickson          Magnuson        Bishop             Carlsrud

City Administrator’s Report
City Updates & Commission Reports
Adjourn

Agenda Available

6.1.2021 Finance Agenda

The City Commission Meeting will begin on Tuesday, June 1, 2021 at 3:30 PM CT, via Zoom.

Members of the public may view the meeting online at https://zoom.us/j/97167485409 or Listen by calling (1-253-215-8782) Webinar ID: 971 6748 5409

CALL TO ORDER

ROLL CALL

AGENDA ITEMS

  1. Department reports.
    1. Out of State Travel Requests
  2. Review monthly bills/reports (10 minutes) – (President Carlsrud)
  3. Discuss NDDOT Urban Grant Program.  (City Engineer)
  4. Discuss Change Orders for 7th and 2nd(City Administrator Crawford)
  5. Discuss 2nd Ave SE in front of Senior Center.  (City Administrator Crawford)

ADJOURN


Minutes Available text with City of Valley City Logo above

5.4.2021 Finance Minutes

Called To Order

President Carlsrud called the meeting to order at 3:30 PM.

Roll Call

Members present: President Carlsrud, Commissioner Magnuson, Commissioner Bishop, Commissioner Erickson (3:38), and Commissioner Gulmon.

Others present: City Administrator Crawford, City Attorney Martineck, Deputy Auditor Klein, Public Works Accountant/Manager Jacobson, City Assessor Hansen, Fire Chief Magnuson, Police Chief Hatcher (4:00), Chad Petersen from KLJ, Electrical Superintendent Senf (4:00), Operations Superintendent Klemisch, Sanitation Supervisor Swart, Water Superintendent Hesch (4:00)

7.  Discuss offer for Purchase of Property Located at 476 5th Ave NE.

City Administrator Crawford stated we were contacted by Valley Realty and they are looking at working with the Vo-Tech Center and build a property there like they did with the property just north of the school.  They have offered $5,000 for the property.  There was previously asbestos work and there are no current taxes on it.  The school needs it ready the beginning of August so Valley Realty would have to have the foundation done by then.  This is also not one that can be just hooked back up to water and sewer.  We have to come back in because it was cemented off.  It is in the flood plain so my recommendation, as long as they can work with everything, is to go ahead with it for the next meeting.

Consensus was made to go ahead with this.

6.  Discuss amending Resolution 2292, a Resolution Approving Plat of Hyland Park District.

City Administrator Crawford stated this was the Resolution that was approved last meeting.  There was more information brought to the table.  Working with Bruce we were able to come up with a plan on putting sidewalks on both sides.  This also starts the residence that we’ve been talking about.  There is an ordinance that says sidewalks are required and we have more moving forward so this is what will be. Going forward Joel will have that worked out before when presenting plats.

9.  Discuss Small Paving outside of Hyland Park Estates.

Operations Superintendent Klemisch stated he drove through the Hyland Park project the other day and in my mind with all this being developed we will have a small stretch of road that will be left unpaved, it’s like 200-250 feet.  I think it would be really smart of the city to work with these guys and look at paving this section of the road so it’s all nice and paved.  It would be easier on us to maintain and the homeowners don’t like the gravel getting thrown.  City Administrator Crawford stated just the paving project alone was $80,000 which was curb and gutter but did not include the groundwork so we are waiting for Bruce to get us the final number.  It is a project and would need to be assessed but if we were to do it as an assessment in its district you would have to go through engineering and pay more.  One of the things we can do is to go to the owners, talk to them about waving that need to do the assessment district and then they could split the cost.    

1.  Department Reports.

City Administrator Crawford stated several Department Heads were on a training call and will stop in to give their reports when it is over.

Operations Superintendent Klemisch stated the new pick up showed up.  We have worked all the valves for the upcoming 7th Ave project and the 2nd Ave project we found one bad one.  We have been working on painting curbs and lines.

2.  Review monthly bills/reports.

 Deputy Auditor Klein stated we have a pretty big number this month but that’s due to the refinancing of the refunding bond which was $1.275 and we did get that amount back.  With that and the TIF payments that came to just over $2.5 million.

3.  Review City Administrator Contract.

City Attorney Martineck stated historically when we hire executive level positions we enter into an agreement for a certain amount of vacation time.  When we hired Gwen we came an agreement that she would be given a certain amount of vacation up front to use.  What happens after is that historically on the first anniversary that person starts accruing more vacation time.  What should be happening is there should be negotiation for vacation time up front and then the time should start accruing immediately so there is a bank.

4.  Approve Designating Funds from the Cares Act Relief Funds in the amount of $25,000 for lights to Place on the Elk’s Foot Bridge and in Veterans Park and $5,000 for the VC Park District to add concrete corn hole games to Chautauqua Park.

Deputy Auditor Klein stated these were some requests that came in and the lights were previously discussed. 

City Administrator Crawford wanted to clarify that the $25,000 is for lights and additional decorations as needed.  For the VCPD, last year they lost over $150,000 for having to put memberships on hold and closing the doors due to covid.  They did get some Cares money but not enough to offset their losses.  They are looking at replacing 4 of the horseshoe playing areas and adding concrete cornhole.

5.  Discuss Bluescope Contract.

City Administrator Crawford stated we have some other pieces to get to before you guys pick the final project but you have to have the contract signed.  We need to decide if we want the additional 12 feet.

Commissioner Bishop stated his preference would be to put in the additional 12 feet right away.

City Attorney Martineck stated he saw in the contract there may be an additional $10,000 charge for patching, is that something that’s needed?

Fire Chief Magnuson stated they added that in case they needed to tie into a sewer line or something but they may not even use it.  Our guys might be able to do the job too if needed and we wouldn’t have that charge.

1.  Department Reports (cont.).

Electrical Superintendent Senf reported that they are working on Woodland, there’s a lot of cables to cross.  Finished up an alley rebuild west of Washington school.  We’ll be working on those in the future now that we’re getting caught up on a lot of our underground.

Water Superintendent Hesch we do have a Valley City aquifer.  We received a letter from North Dakota Department of Water Quality asking if we would like to upgrade our wellhead protection signs.  I would like to get one out in the North Valley are and one on each exit coming in from the east to the west.  They said there is a grant and it would cost about $40/sign or less if they have a lot of funding or not many people that have to upgrade their signs.

8.  Discuss VCFD GMC Commercial Rescue Contract.

Fire Chief Magnuson reported that a lot of the used equipment that is out there is a great deal right now.  A type of deal like this truck doesn’t come up very often.  We just don’t have the room on our current truck for everything we need right now.  There are a lot of things we can’t carry and if we get a call we have to load the specialized tools in the back of the pickup.  To build this truck it would cost over $425,000 so this is a pretty good deal.  I do feel this is a need. We have to put $30,000 down on it now but it won’t be available to us for a year, until the person that has it now gets their new truck.  We can use what’s in the truck fund right now and next year cover the remaining balance.  Our truck right now is a 2003 and fit what we needed it for at the time.  We have since grown and bought new equipment and can’t fit it all on our truck. 

City Administrator Crawford said she saw in the budget under the fire truck reserve that it had $440,000 needed for next year.

Fire Chief Magnuson stated that was set aside to replace number 2 but that still passes so it doesn’t make sense to replace a truck that doesn’t need to be.

Commissioner Magnuson stated if our 2003 rescue truck goes down for any reason, which it did go down for a week last year, you are digging the rescue equipment out of the back of a pickup.

City Administrator Crawford also mentioned that we were just at a County Commission meeting and they specifically asked if you need another truck and your response was no.      

Fire Chief Magnuson stated he doesn’t see the county having an issue with it.

Commissioner Bishop stated he sees the need.

Adjourn The meeting was adjourned at ­4:50 PM.

Agenda Available

5.18.2021 Commission Agenda

The City Commission Meeting will begin on Tuesday, May 18th, 2021 at 5:00 PM CT, at the City Commission Chambers, 254 2nd Avenue NE, Valley City, ND.  Members of the public are 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/99032264540 or listen by calling (1 346 248 7799) Webinar ID: 990 3226 4540

Call To Order

Roll Call

Pledge of Allegiance (please stand)

Approval of Agenda

Approval of Minutes

Approve Minutes form the May 4th Finance and Commission Meetings.

Approval of Consent Agenda

A.  Approve Raffle Permit for North Dakota Appaloosa Horse Club.

B.  Approve Raffle Permit for CHI Mercy Health Foundation.

C.  Approve Raffle Permit for Valley Quilters.

D.  Approve Raffle Permit for ND Red Knights Chapter 1.

E.  Approve Electrician, Plumber and/or Mechanical Contractor License for Wrigley Mechanical, Inc.

Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

Public Comments

Attorney General’s “A Citizen’s Guide to North Dakota Open Records & Open Meetings Laws” *A member of the public does not have the right to speak to the governing body at an open meeting.  The public is only entitled to see and hear what happens at a meeting, and to record or broadcast those observations.

  • No personal attacks to persons present or not
  • No inflammatory language used during time that you have the platform
  • 5 minute maximum or as directed by the chair
  • Thank you for participating in City Government.

PH1.Open Public Hearing regarding the Rezoning of the undeveloped land located west of 8th Ave SE and south of 10th St SE west of Waterfront Meadows Addition.  (Deputy Auditor Klein)

Declare public hearing open.

Close hearing.

Roll Call:               Erickson               Bishop                  Magnuson           Gulmon                Carlsrud

Approve First Reading of Ordinance 1080, an Ordinance Rezoning the undeveloped land located west of 8th Ave SE and south of 10th St SE west of Waterfront Meadows Addition.

Roll Call:               Gulmon                Erickson              Bishop                 Magnuson          Carlsrud

Ordinance

1.  Approve Second and Final Reading of Ordinance 1079, an Ordinance Amending and Reenacting Section 12-02-01 of the Valley City Municipal Code re Property Maintenance definitions.  (City Attorney Martineck)

Roll Call:          Erickson          Magnuson        Bishop             Gulmon           Carlsrud

2.  Approve First Reading of Ordinance No. 1081, an Ordinance Relating to the Annexation of Territory.

Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

  3.  Approve First Reading of Ordinance 1082, an Ordinance approving Hidden Ponds Estates Planned Unit Development.  (City Attorney Martineck)

 

Resolution

1.  Approve Resolution No. 2295, a Resolution Approving Final Plans & Specifications for Master Lift Station Upgrades and Authorizing Engineer to Advertise for Quotes/Bids.  (KLJ)

Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

2.  Approve Resolution No. 2296, a Resolution Approving Final Plans & Specification for West End Lift Station and Authorizing Engineer to Advertise for Quotes/Bids.  (KLJ)

Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

3.  Approve Resolution No. 2298, a Resolution Approving an Application to Amend a Planned Unit Development (PUD) and Replat land located between 3rd Ave NE, and between 4th St NE and 5th St NE (Outlot Y Harvest Valley Townhomes Subdivision-a Replat of Lots 5-8 Block 2 Original Townsite).   (City Attorney Martineck)

Roll Call:          Gulmon           Erickson          Magnuson        Bishop             Carlsrud

New Business

1.  Approve Site Authorization Renewals for Valley City Hockey and Figure Skating Club at Youth Sports Complex and Valley City Town and Country Club from 7/1/2021 through 6/30/2022.  (Deputy Auditor Klein)

            Roll Call:          Erickson          Magnuson        Bishop             Gulmon           Carlsrud

2.  Approve Valley City Barnes County Development Corporation request for funds.  (Jennifer Feist)

            Roll Call:          Gulmon           Erickson          Magnuson        Bishop             Carlsrud

3.  Approve Amendment to Engineer-Owner Agreement for Construction Engineering for 5th Ave NW Reconstruction.  (KLJ)

            Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

4.  Discuss Urban Roads Project on 12th St N from 9thAve NW to 5th Ave NE and 8th Ave SW at Winter Show Road.  (KLJ)

            Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

5.  Approve MOU for Sheyenne River Water Trail.  (City Administrator Crawford)

            Roll Call:          Erickson          Magnuson        Bishop             Gulmon           Carlsrud

6.  Approve Site Authorization renewal for the Thundering Saints, Inc. at Boomer’s Corner Keg and Woodland Steakhouse from 7/1/2021 through 6/30/2022. (Deputy Auditor Klein)

            Roll Call:          Gulmon           Erickson          Magnuson        Bishop             Carlsrud

7.  Approve Request for Concurrence of Award.  (KLJ)

Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

8.  Approve purchase of future Public Works building.  (City Administrator Crawford)

Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

City Administrator’s Report
City Updates & Commission Reports
Adjourn

Minutes Available text with City of Valley City Logo above

4.13.2021 Commission Minutes

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

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

Others present:  City Administrator Crawford, City Attorney Martineck, Finance Director Richter, Deputy Auditor Klein, City Assessor Hansen, PW Supervisor Jacobson, Fire Chief Magnuson, Police Chief Hatcher, Operations Supervisor Klemisch, City Engineer Chad Petersen.

call to order

Meeting was called to order at 5:00 PM

Approval of Agenda

Approval of Minutes

Commissioner Magnuson moved to approve the minutes from the April 6th meetings, seconded by Commissioner Gulmon.  Motion carried.

Approval of Consent Agenda

A.  Approve Raffle Permit for

            a. Valley City Education Association

            b. Valley City Area Chamber of Commerce

            c. Express Wrestling  

B.  Approve Block Off Street Request for the Valley City Area Chamber of Commerce for the Rally in the Valley Event held on June 19th 2021 beginning from 6AM to 5 PM.

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

Ordinance

Approve First Reading of Ordinance No. 1077, an Ordinance amending and reenacting VCMC section 8-01-02 re contractor license renewal date.

City Attorney Martineck stated this is a housekeeping change.  It allows the Auditor’s Office to determine the form of the application for contractor’s licenses and also the date they are due every year.

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

Approve First Reading of Ordinance No. 1078, an Ordinance to Create and enact Section 15-01-12.1 re Tax Assessment of Unpaid Utility Charges.

City Administrator Crawford stated this is what we discussed at our last meeting. This is to add it generally and we will put the rest in the policies as we go so everyone has enough notice.  This ordinance will be added but would not go into effect until January 1st

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

Approve Second and Final Reading of Ordinance No. 1076, an Ordinance to amend and reenact section 7-04-04 of the Valley City Municipal Code related to numbers on buildings.

City Attorney Martineck stated there are no changes from the first reading.  This is the regulations for the size on the building and making sure they are consistent with building codes.

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

Approve First Reading of Ordinance 1075, an Ordinance Amending and Reenacting Sections of Titles 7 and 11 of the Valley City Municipal Code Related to Building Permits and Zoning Code Violations.

City Attorney Martineck stated this ordinance was reviewed by the Planning and Zoning Committee and their recommendation was to approve.  This gives the Planning and Zoning Committee the administrative authority to access fines and fees for violations of the zoning code and building without a permit.

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

Resolution

Approve Resolution 2292, A Resolution Approving Plat of Hyland Park Estates.

City Attorney Martineck stated the Planning and Zoning Commission received an application for a new residential subdivision in the NW part of town from Valley Realty.  The new development includes multifamily housing including an apartment complex and townhomes.  The Planning and Zoning Commission did recommend approval with some conditions.  The first is that the development proceed according to the guidelines for an R4 district, that sidewalks be included in the project, the storm water management plan be completed before the development proceeds and that there be a dedication of open space pursuant to code which is 12% of the land or cash in lieu of dedication of the land.  There were also some issues in whether or not there were sufficient easements and whether the plan for the project met city standards.  City Attorney Martineck stated he checked with staff and there weren’t any issues with the easements or infrastructure going into the project but we do need to discuss the storm water management plan, the dedication of open space, the sidewalk issue and the size of the apartment complex.  In our Zoning Ordinance it talks about the maximum number of units in a R4 district being 24.  Looking at the history of the ordinance, prior to the ordinance being changed in 2015 there was an identical definition of R4 multifamily housing except in the original ordinance it said any multiple family dwelling with more than 24 units requires review and approval of the Valley City Planning and Zoning Commission.  The interpretation at the Planning and Zoning meeting last week was that 24 was the maximum and there wasn’t any room to go over.  Reviewing the code you could go up to any number that was reasonable for the area.  We have done complexes up to 42 in R4 districts since the ordinance was changed.  If you were to approve the 36 units it would be the same as what has been done the last 4-5 years.

Bruce Hoyt stated in Fargo whether we do the storm management plan up front or at the end I can’t get a building permit or an approval, letter of occupancy until the storm water has been approved so I can do it either way that you like.  The 36-plex right now we would move a little bit to the south so we can increase a little bit more on the north for the storm water detention pond.  It compares exactly to the bigger complex.  Bruce also stated they can work the dedication of open space in.  As far as we’re concerned, if sidewalks are an absolute, we’ll do sidewalks.

Mike Strom from KLJ added that the storm water plan changes depending on the size of the complex so that can’t be completed until we know what can be built.

Commissioner Erickson expressed his concern with a 36-plex having more water coming off and the retention pond only being able to hold for so long.  You put a 36-plex up there will be a lot of run off and it will end up going over to the creek which will come back into town.

Chad Petersen from KLJ stated the pond has to be sized for whatever the build is so the intent is that the runoff won’t be any greater than what the preexisting conditions are.

Consensus was given that the storm water management plan is completed prior, to allow 36 unit and sidewalks are not needed on this project.  We will need to negotiate with the developer for the dedication of open space.

Commissioner Gulmon moved to approve plat with conditions agreed upon for a multifamily housing unit, maximum of 36 units, seconded by Commissioner Magnuson.

Roll Call: Magnuson-aye          Erickson-nay    Gulmon-aye    Carlsrud-aye    Motion carried.  

Approve Resolution 2289, A Resolution Declaring Sufficiency of Protest for Paving Improvement District No.  122 (Main Street Seal Coat).

Finance Director Richter stated the protest period was published as required, letters were sent and we also held an informational meeting.  We had one person inquiring about the project, but no protests.  With that I recommend a positive motion on this to proceed.

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

Approve Resolution 2290, A Resolution Approving Plat of Ingstad North Valley Subdivision.

City Attorney Martineck stated the Planning and Zoning received an application for a subdivision for three homestead lots on this plat and recommends approval.  

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

Approve Resolution 2291, A Resolution Approving Petition for Vacation of Undeveloped Portion of 11th Ave SE.

The Planning and Zoning received a petition to vacate a very small portion of undeveloped land.  The recommendation is to approve.

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

Approve Resolution 2293, A Resolution Approving replat of Lot 1 Block 3 Waterfront Meadows Addition.

City Attorney Martineck stated the Planning and Zoning Committee received an application to increase the size of one lot in the Waterfront Meadows Addition.  Approval is recommended with no conditions.

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

New Business

Approve Valley City Barnes County Development Corporation request for $25,000.

Jennifer Feist stated this request is for securing architectural services in order to encourage development in the downtown area.

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

Approve Special Alcohol Beverage Event Permit for Mark Ertelt Benefit at The Labor Club South Parking Lot, May 1st, 2021 from 2 PM to 2 AM.

Finance Director stated she visited with Police Chief Hatcher about the 2 AM closing.  He did sign off on it and said it was strictly the overflow.  Everything is inside but if there is an overflow of people they would like it approved.

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

Approve Special Alcohol Beverage Event Permit for Celebration of Small Business at City Lights Parking Lot, July 23, 2021 from 6 PM to 11 PM.

Finance Director Richter stated she didn’t see any issues with this application and Bergans are on the call if there are any questions.

City Administrator Crawford stated she spoke with Tommy but they will want to fill out a road closure permit.  Clint thought it would be best since the road is a public road that drives through the parking lot.

Chad said that was fine and asked if the time is set in stone once approved?  Can we change it to 12AM?

Commissioner Gulmon moved to approve with the 12AM time, seconded by Commissioner Magnuson.  Motion carried.           

Approve Special Alcohol Beverage Event Permit from The Clubhouse Lounge LLC for the Garrett McFadgen Benefit at the ND Winter Show, May 3, 2021 from 6 PM to 9 PM.  

City Administrator Crawford stated Kayla Coleman from the Clubhouse was on the call if there were any questions.

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

Approve Housing Incentives.

City Administrator Crawford stated after the Finance Meeting we discussed what would be the best solution to move forward.  Commissioner Gulmon stated we discussed our existing which is $1600 upon closing and there’s a 2 year tax incentive up to $150,000 value of the property.  Our proposal is to increase that to a $5000 incentive.  We would like that to start in 2021 and would also like to budget $50,000 annually from the Public Works to continue this.  We would also like to create a fund for infrastructure for new developments that would bring the underground services to new developments.  Starting with $250,000 of Prairie Dog funds and then potentially in the future consider 10-15% of future Prairie Dog funds to go towards this account.

Commissioner Gulmon motioned to accept the proposal as presented in its entirety with a minimum of Prairie Dog funds being set at 10% with an option to review at that point, seconded by Commissioner Magnuson.  Motion carried.

Approve Application for Property Tax Exemption for Improvements to Residential Building at 218 7th Ave NW. 

City Assessor Hansen stated the application pretty self-explanatory.  This is the 5 year exemption on just improvements.

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

Approve Submission of a Loan Application to RDFC (Rural Development Finance Corporation) for the Partial Financing of the Addition to the Fire hall.

Finance Director Richter statedthis is a low interest rate loan. Upon approval they would approve up to 50% of the project cost with a maximum of up to $250,000 loan for 10 years.

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

Approve Administration of City of Valley City’s local sales, use and gross receipts taxes by State Tax Commissioner for 2021-2023 biennium. 

Finance Director Richter stated this is a renewal of the contract we enter into every biennium.  The new contract is $41 less per month than the prior.  In order for the state to administer the sales tax it would be $720/month.

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

Approve Contract with NDDOT for Facilitating Installation of Small Cell Wireless Facilities in DOT Right of Way.  

City Attorney Martineck stated at the next commission meeting the commissioners will be reviewing the final reading of the regulations for installing small cell wireless facilities in our right of ways.  This contract with DOT allows us to accept permits for the DOT right of way and apply our ordinances to that particular area. 

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

City updates & Commission Reports

City Administrator Crawford reported that one of the problems they’re having out of the landfill is people are bringing in their old wood chips and dumping them on the pile of new ones.  I would like to bring it back into the gated area so it can be monitored.  They are also working on signs for the landfill.  I went with Kendall to the Fargo landfill and they had some nice signs with arrows.  People don’t read wordy signs but if you have a couple of words with arrows they will and we feel that should help.

Fire Chief Magnuson stated the annual fundraiser is coming up on the 30thof April.  We had a group of firefighters test on Saturday, they did very well.  Our City Attorney drafted a rental agreement and we will be taking that to the County Commission.

Police Chief Hatcher stated a position was opened for a Police Officer.  This is a position that’s being filled due to a current officer taking a full time temporary position with the National Guard.  About 5 weeks until city wide clean up.  Now is a good time to assess your properties and think about what you need to get out to the curb when it’s time.  Also a reminder about the 72 hour ordinance for parking.  It’s 72 hours, it’s not once we give you notice 72 hours.

Chad Petersen KPH moved back in to start prepping for the sidewalk work on 5th Ave NW.  Roads will be closed on Wednesday.  Asphalt schedule is unknown, we are waiting on the restrictions to come off.  Guessing early May.  The preconstruction meeting for the Paving 119 and 119B was held.  The tentative plan is to start work next Monday.  The plan is to start on 2nd Ave NE between 5th St and 7th St.  Then they’ll bring in a second crew to start on 7th Ave West portion.  It will get pretty busy here in town.

Commissioner Gulmon thanked the Housing Committee that worked to develop the plan that we approved tonight.  This is a positive step towards building our community.

President Carlsrud commented on the landfill, it’s a pretty good service that’s provided there so please take care of it.  We’ve had a number of call periodically where neighbors have issues with one another but they haven’t talked to each other.  Please talk to each other.  Communication does a lot to help resolve conflict.  To all of our city employees, thank you.

Adjourn

Meeting was adjourned at 6:18 P.M.

 

Minutes Available text with City of Valley City Logo above

2021 Board of Equalization Minutes

President Carlsrud presided and continued with roll call.

Members present: Commissioner Bishop, Commissioner Magnuson, Commissioner Gulmon

Members absent: Commissioner Erickson

Others Present:  City Attorney Martineck, Finance Director Richter, Deputy Auditor Klein, City Administrator Crawford, Police Chief Hatcher, Administrative Assistant Johnson

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 4:04 P.M. City Assessor Sandy Hansen reported the changes in property values within the city for 2021.  An overall summary was read and submitted.

pROPERTY tYPEsTATE cERTIFIED vALUESpROJECTED tOTALS 2018$ cHANGE% cHANGE
Residential land$35,253,000$35,666,300$413,3001.17%
Residential structure$218,142,100$224,032,300$5,890,2002..70%
Grand Total residential$253,359,100$259,698,600$6,303,5002.49%
     
Commercial Land$34,469,155$36,075,355$1,606,2004.66%
Commercial Structure$124,207,665$128,742,930$4,535,2653.65%
Grand total Commercial$158,676,820$164,818,285$6,141,4653.87%
     
agricultural land$98,800$98,700$100-.10%
GRAND TOTAL agricultural land$98,800$98,700$100-.10%
     
TOTAL MARKET VALUE$412,170,720$424,615,585$12,444,8653.02%

City Assessor Hansen stated 67 Notices of Increase were sent out-nearly half were for the Waterfront Meadows annexation.  The following property owners contacted City Assessor Hansen regarding the notice of increase for 2021.

PARCEL nUMBERpROPERTY OWNERREQUESTED CHANGE
63-3460300Lee OlsbergNo Change
63-3760400 & 63-3760500RNR DevelopmentSome changes made when a missed step was discovered when inputting the new plat last summer.

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

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

Adjourn

The meeting was adjourned at 4:22 p.m.

5.4.2021 Commission Agenda

The City Commission Meeting will begin on Tuesday, May 4th, 2021 at 5:00 PM CT, at the City Commission Chambers, 254 2nd Avenue NE, Valley City, ND.  Members of the public are 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/92208619017 or listen by calling (1 346 248 7799) Webinar ID:  922 0861 9017

Call To Order

Pledge of Allegiance (please stand)
Roll Call

Approval of Agenda

Approval of Minutes

Approve Minutes form the April 19th Meeting and the April 13th Equalization Meeting.

Arbor  Day Proclamation

Approval of Consent Agenda    

1.  Approve Application to Block Off Street for VCSU-VC Activities Board from 3 PM to Midnight on May 5th for the End of Year Street Dance on 2nd Ave SW, East Side of the Student Center and Library.

2. Approve Application to Block Off Street for Sheyenne Valley Soapbox Derby Association for the Soapbox Derby Race held from 6 AM to 6 PM on June 5th, Central Ave from 3rd St to 9th St.

3.  Approve Raffle Permit for Bridge City Cruisers.

4.  Approve Raffle Permit for Fraternal Order of Police James/Valley Lodge #4.

Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

Public Comments

Attorney General’s “A Citizen’s Guide to North Dakota Open Records & Open Meetings Laws” *A member of the public does not have the right to speak to the governing body at an open meeting.  The public is only entitled to see and hear what happens at a meeting, and to record or broadcast those observations.

  • No personal attacks to persons present or not
  • No inflammatory language used during time that you have the platform
  • 5 minute maximum or as directed by the chair
  • Thank you for participating in City Government.

Ordinance

1.  Approve Second and Final Reading of Ordinance No. 1077, an Ordinance amending and reenacting VCMC section 8-01-02 re contractor license renewal date.  (City Attorney Martineck)

Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

2.  Approve Second and Final Reading of Ordinance No. 1078, an Ordinance to Create and enact Section 15-01-12.1 re Tax Assessment of Unpaid Utility Charges.  (City Administrator Crawford)

Roll Call:          Erickson          Magnuson        Bishop             Gulmon           Carlsrud

3.  Approve Second and Final Reading of Ordinance No. 1074, an Ordinance Enacting a new section of the Valley City Municipal Code relating to Wireless Telecommunication Facility Guidelines.  (City Attorney Martineck)

Roll Call:          Gulmon           Erickson          Magnuson        Bishop             Carlsrud

4.  Approve Second and Final Reading of Ordinance 1075, an Ordinance Amending and Reenacting Sections of Titles 7 and 11 of the Valley City Municipal Code Related to Building Permits and Zoning Code Violations.  (City Attorney Martineck)

Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

5.  Approve First Reading of Ordinance 1079, an Ordinance Amending and Reenacting Section 12-02-01 of the Valley City Municipal Code re Property Maintenance definitions.  (City Attorney Martineck)

Roll Call:          Erickson          Magnuson        Bishop             Gulmon           Carlsrud

 

Resolution

            1.  Approve Resolution 2294, a Resolution Authorizing Filing of Application with NDDOE for Clean Water & Drinking Water Loan.  (Deputy Auditor Klein)

Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

New Business

1.  Approve Designating Funds from the Cares Act Relief Funds in the amount of $25,000 for Lights to Place on the Elks Foot Bridge and in Veterans Park and $5,000 for the VC Park District to add concrete cornhole games to Chautauqua Park.  (Deputy Auditor Klein)

Roll Call:          Erickson          Magnuson        Bishop             Gulmon           Carlsrud

2.  Approve Recommendation from Renaissance Zone Authority Board to approve application from John Hill for the 5 year property tax and 5 year income tax exemption up to $300,000 and designate it as VC-128.  (Deputy Auditor Klein)

            Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

3.  Approve Recommendation from Renaissance Zone Authority Board to approve four applications from Legacy Developments for the 5 year property tax and 5 year income tax exemption up to $300,000 each, contingent on receiving their Certificate of Good Standing, and designate them as VC-129, VC-130, VC131 and VC-132.  (Deputy Auditor Klein)

 Roll Call:         Bishop             Gulmon           Erickson          Magnuson        Carlsrud

4.  Approval of Valley City Barnes County Rescue Joint Powers Agreement.  (City Administrator Crawford)

Roll Call:          Gulmon           Erickson          Magnuson        Bishop             Carlsrud

5.  Amend City Administrator’s Contract.  (City Attorney Martineck)

Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

6.  Approve BlueScope Contract.  (City Administrator Crawford)

Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

7.  Amend Resolution 2292, a Resolution Approving Plat of Hyland Park District.  (City Administrator Crawford)

            Roll Call:          Erickson          Magnuson        Bishop             Gulmon           Carlsrud

8.  Approve offer for purchase of property located at 476 5th Ave NE.  (City Administrator Crawford)

            Roll Call:          Gulmon           Erickson          Magnuson        Bishop             Carlsrud

9.  Approve Preliminary Design Engineering Agreement for Water/Sanitary Sewer Extensions to Nextera Addition (KLJ).

            Roll Call:          Bishop             Gulmon           Erickson          Magnuson        Carlsrud

10.  Approve Site Authorization Renewal for Valley City Baseball Association at The Clubhouse Lounge from 7/1/2021 through 6/30/2022.  (Deputy Auditor Klein)

            Roll Call:          Magnuson        Bishop             Gulmon           Erickson          Carlsrud

City Administrator’s Report
City Updates & Commission Reports
Adjourn