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 6^th 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 19^th 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 1^st. 

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 11^th 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 1^st, 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 7^th 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 5^th 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 2^nd Ave NE between 5^th St and 7^th St.  Then they’ll bring in a second crew to start on 7^th 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.

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.

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.

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.

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

Members present: Commissioner Magnuson, Commissioner Bishop, Commissioner Gulmon

Others Present: City Administrator Crawford, City Attorney Martineck, Finance Director Richter, Deputy Auditor Klein, Police Chief Hatcher, Mike Manstrom-Colliers

Pledge of Allegiance

Resolution

Approve Resolution 2286, a Resolution Authorizing the Issuance of Improvement Warrants and Exchanging them for $1,315,000.  Refunding Improvement Bonds of 2021.

Mike Manstrom of Colliers stated the interest rates are low right now and it’s a good time to for some significant savings.  We came in with a 1.19% interest rate for the next ten years, you’re currently at 3%, that’s a $95,000 future value savings.  That was probably directly relating to the A1 rating which was reaffirmed by Moody’s.  That’s a very good rating for a community of this size.  Ohnstad-Twichell prepared the resolution today authorizing the sale as $1,315,000, we are paying off $1,275,000.  The balance of $40,000 is cost of issuance, bond counsel feels and printing the registration of bonds.

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

Adjourn

Meeting was adjourned at 12:06 PM.

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

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

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

Approval of Agenda

No changes.

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the March 2nd meetings, seconded by Commissioner Magnuson.  Motion carried.

Approval of Consent Agenda

1. Approve Electrician, Plumber and/or Mechanical Contractor License for the following:
   • Tim’s Plumbing LLC.
   • Sheyenne River Repair.
2. Approve Rally in the Valley Parade on June 19^th, 2021 on Central Ave from Dairy Queen to 4^th St S.

3.  Approve Raffle Permit for the Valley City Fire Department at the Eagles on April 30^th, 2021.

4.  Approve Block off Street request for Valley City High School Prom on May 1^st on 4^th St NW from Central Ave to 2^nd Ave NW. 

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

Resolution

Approve Resolution 2277, a Resolution Creating Paving Improvement District No. 122 (Main Street Seal Coat).

Chad Petersen from KLJ stated this is to create the special assessment district.  Approximately 5% of the total project cost will be special assessed. 

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

Approve Resolution 2278, a Resolution Approving Engineers Report & Directing Preparation of Detailed Plans, Specifications & Estimates of Probable Cost for Paving Improvement District No. 122 (Main Street Seal Coat).

Chad Petersen from KLJ stated the DOT is currently working on the environment portion of this project and then will work on the plan development.  The project will be bid in May.  Since part of the main street corridor is in the floodway they are getting challenges with the State Water Commission on getting approval for that.  A little stricter and different than what we’re used to for a seal coat but it’s still scheduled for May.  If the challenges continue it may go into June.  Estimated cost is about $130,000 with the local share being about $13,000, half of which will be special assessed.

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

Approve Resolution 2279, a Resolution Declaring Necessity for Paving Improvements in Paving Improvement District No. 122 (Main Street Seal Coat). 

Chad Petersen from KLJ stated this was the same project.  The properties have been identified for the special assessments and this will start the 30 day protest period.

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

Approve the following Resolutions relating to Projects 119 and 119B.

• Resolution 2280, a Resolution Accepting Bid and Awarding Contract for Paving Improvement District No. 119, contingent upon approval from ND DEQ.
• Approve Resolution 2281, a Resolution Accepting Bid and Awarding Contract for Paving Improvement District No. 119B, contingent upon approval from ND DEQ.
• Approve Resolution 2282, a Resolution Accepting Bid and Awarding Contract for Sanitary Sewer District No. 64, contingent upon approval from ND DEQ.

• Approve Resolution 2283, a Resolution Accepting Bid and Awarding Contract for Storm Sewer District No. 52, contingent upon approval from ND DEQ.

• Approve Resolution 2284, a Resolution Accepting Bid and Awarding Contract for Water Main District No. 100, contingent upon approval from ND DEQ.

Chad Petersen from KLJ stated on February 26^th bids were open for the districts on 7^th Ave NW, 4^th St NW and 2nd Ave NE.  We received three bids and reviewed those at the last meeting.  At this time we can’t officially award the project but this will allow us to take action contingent on the approval of ND DEQ and then we can move forward with the contracting and move forward in the spring.  We are anticipating the approval from ND DEQ in the next couple weeks.  Commissioner Magnuson moved to approve, seconded by Commissioner Gulmon.  Motion carried.

New Business

Approve request from the Water Trail Committee of up to $1000 for the install of low head dam signage with applicable posts and hardware.

City Administrator Crawford stated Bobby Koepplin had spoken about this earlier this summer.  They are asking several entities to put in money so they can show that there are a lot of people involved. 

Commissioner Bishop asked where the money would come from.

Finance Director Richter stated she could see several areas where it could come from.  The small projects fund, Cares, or street department.

Commissioner Bishop questioned if the signage we would pay for would be just for signs located in city limits.  I would be in favor of paying for the signs within city limits.

City Administrator Crawford stated there is more to it as the point of this is to make it a part of the designated water trail which is why they are asking several entities, it will cost a lot more than that overall.

Commissioner Gulmon motioned to approve, seconded by Commissioner Magnuson.

Finance Director Richter stated we typically pay nothing up front, we usually reimburse based on invoices.  If you approve this we can ask approximately what the cost would be for signage in city and if it’s reasonable around that $1000.

Commission Bishop requested the motion be redone that up to $1000 with appropriate invoices.

President Carlsrud added that maybe the $1000 is a good investment for tourism.  Commissioner Gulmon agreed.

Commissioner Gulmon stated his motion stands as made.  He agrees to appropriate $1000 for this program.  If the expenses come in at $900 he gets $900, if he needs $1000 from each of the groups….

President Carlsrud added it could be less.  It’s probably like we have done in the past with the Beautification Committee, they send in vouchers.

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

Discuss quotes for 7 year lease of heavy equipment.

Operations Superintendent Klemisch stated we are currently leasing with RDO which is up in June.  Butler came in quite a bit higher than RDO.  I would like to go with option two. We notice when pushing snow up-hill there is a little more horsepower and it makes a difference.

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

Authorize the City Administrator to negotiate and enter into a contract for lease and purchase of PFP Cold Storage Building, along with incidental work and expenses.

Move to enter into an Executive Session as authorized in subsection 9 of section 44-04-19.1 of the North Dakota Century Code.  The purpose of the Executive Session is to discuss negotiation strategy of contract.  At this time motion would be in order to discuss the next topic in Executive Session rather than in an open meeting session.

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

Executive Session began at 5:31 pm and was attended by President Carlsrud, Commissioner Magnuson, Commissioner Bishop, Commissioner Erickson, Commissioner Gulmon, City Administrator Crawford, City Attorney Martineck and Finance Director Richter.

The Executive Session adjourned at 5:41 and the meeting reconvened.

City Commissioner Gulmon moved to allow City Administrator Crawford to enter into a lease purchase for a storage building for PFP, seconded by Commissioner Erickson.  Motion carried.

City updates & Commission Reports

City Administrator Crawford reported she had been working with the Vo-Tech Center and they had agreed to work with us on decorating the large electrical boxes on Central.  As part of their graphic design class they would design and we would approve designs to put on the boxes to make them look nicer.  We would pay for materials and would also receive a discount if we allowed them to add their logo.

We have more information going on with the Little Dam.  Today is a good opportunity to drive by City Park and South.  They had to shut off the dam so they could add the bridge to the golf course.  It’s still not at the lowest but if we were to take the Little Dam out it would be another 4 ft. down.  I just wanted to bring it up so you could get a visual when they are discussing certain pieces.  There would be no fishing, no recreation around that horseshoe and that’s something that was nice to see in person on how it would affect it.  We’re going to have the individuals that have shown interest and concerns about this we will have them also work with the Barnes County Resource District so everyone realizes how much of a deal this is, it’s not just the City saying not to do it.

City Attorney Martineck reported that at the last meeting we talked about hiring a new sanitation worker we yet have another opening.  The water/sewer department is looking for summer help.  The next meeting we will be talking about the forester situation.  I think Bob has agreed to come back on with us but we’re going to discuss if that should be a contract or a part-time situation.  Also, with the county being in green right now we have decided to go ahead with our employee appreciation event.  That is tentatively scheduled for May 7^th. 

Sanitary Supervisor Swart thank you to everyone for all the help during the Winter Show.

Chad Petersen reminded everyone that we have the meeting for 6^th St. NW construction project on Thursday, March 25^th.

Commissioner Gulmon thanked the Commission for leveraging $200,000 of Cares funds for the Love of Local program.  They are all sold out and generating a million dollars in retail sales.  It has made a huge impact in the community.  Thanks to Dewey Gwen, and Avis for putting the program together and Brenda and Brandy for helping with sales in the last couple weeks.  Also thanks to the Chamber for taking this project on. They have a lot to do in their office and it did impact them, they did a great job.  Thanks to Clint, I wanted to tour some of the City buildings and Gwen went with.  We walked through several of our buildings and my eyes were opened, there is a real need for a Service Center and saw what the guys go through on daily basis.  A couple weeks ago I went through the Green Dot training, a bystander intervention, I suggest if you have an opportunity to attend it.

President Carlsrud stated also went through the Green Dot training and encourages anyone who is able to go through it.  At the well site a citizen had mentioned to do a sitting area.  Something to keep on the back burner.  Shout out to the Winter Show, it was a heck of a great show and wonderful attendance.

Adjourn

Meeting was adjourned at 6:00 P.M.

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

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

Others present:  City Administrator Crawford, City Attorney Martineck, Finance Director Richter, Deputy Auditor Klein, City Assessor Hansen, PW Supervisor Jacobson, Fire Chief Magnuson, Police Chief Hatcher, Sanitation Supervisor Swart, City Engineers Chad Petersen and Tracy Eslinger, Jerry Hieb (Eagles)

Approval of Agenda

No changes.

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the February 16th meeting, seconded by Commissioner Erickson.  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 $1,555,294.84               
3. Approve Electrician, Plumber and/or Mechanical Contractor License(s) contingent on receiving updated contractor licenses for the following businesses:

            a. John’s Refrigeration& Electric, Inc.

            b. Grotberg Electric Inc.

            c. Grotberg Electric Inc. dba Triton Mechanical

            d. Sheyenne Mechanical

            e. Differding Electric LLC

            f. PEC Solutions of the Dakotas LLC

            g. RJ’s Plumbing & Heating

D.  Approve Raffle Permit for the following:

            a. Sheyenne Valley Area Career and Technology Center

            b. Sheyenne Valley Friends of Animals

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

Ordinance

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

City Attorney Martineck stated no changes since the first reading.   It’s not restricting right to demonstrate or hold an assembly in town.  It strictly requires a person to provide notice to the PD and abide by certain noise and distance requirements.

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

New Business

Approve requesting funding from the State Water Commission for Storage Building and site costs for a 2022 project.

Commissioner Gulmon stated we have looked at a several areas in the community and we keep coming back to a lime pit area.  There is quite a bit of site prep that would be required to accommodate this so we reduced the size of the potential building from 10,000 sq. ft. to 5,000 sq. ft. which would accommodate all of the flood equipment and some pumps.  We are recommending to move forward with the request to the ND State Water Commission for funding. 

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

Approve Task Order for Construction Engineering for Streetscape Phase II.

Chad Peterson from KLJ stated the task order is an hourly contract with a contract max of $219,500.

Commissioner Magnuson moved to approve, seconded by Commissioner Gulmon.

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

Approve agreement with Western Dakota Energy Association for oversize and overweight vehicle permits.

City Administrator Crawford stated this is regarding approving a membership with Load Pass and they would take care of all of our oversize and overweight vehicle permits.  Requesting President Carlsrud signing that upon approval of review of the fee schedule.

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

Approve Special Alcohol Beverage Event Permit for VC Eagles Aerie 2192 at North Dakota Winter Show March 10-14, 2021.

Finance Director stated this is for the Winter Show events.

Commissioner Bishop requested we put a time for it to close, a half hour before the end of the event or 11 pm at the latest.

Jerry Hieb representing the Eagles stated they can adhere to that as he didn’t think many of the events would carry over 9:30 pm.

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

City updates & Commission Reports

City Administrator Crawford we have been working on the WSI ergonomic grant and we have been approved for the first phase.  So they come in and work with the different departments on their areas to see if there is anything that can be improved.   

City Attorney Martineck reported that we have made an offer for the Sanitation position and are waiting to hear back.

Finance Director Richter stated we are selling Chamber Bucks at City Hall now.  Sales are going well at both locations.

PW Manager Jacobsen reported we had our meeting today with the ND Dept. of Emergency Services related to the spring 2020 flood.  We received the payment for the 90% reimbursement in December.

Sanitary Supervisor Swart reminded everyone to have their garbage out by 7 am.  Also, please do not stack stuff around the dumpsters and enclosures.

Fire Chief Magnuson there is a lot of melting going on and the river is going to start opening up.  Please keep an eye on your pets and kids.

Chad Petersen stated we opened bids for project 119 and 119B. That will be added to the March 16^th agenda for consideration for award.  We submitted a cost share request to the State Water Commission last month for a request for 60/40 cost share on the water main improvements for that.  We won’t know for sure on that request until April 8^th. 

Commissioner Gulmon thanked Brandy and Brenda for their help with the sales of the Chamber Bucks and thanks to the Chamber for all the work they have done.  The Sales Tax Revenue report has both good news and bad news.  The good news is that we took in $2.2 million in sales tax which is a 7% increase than the year prior.  Not as good is the Food and Beverage tax due to COVID.  It was down about 5% this past year.  The receipts were the lowest since about 2014.  Adding to that is the Hotel Occupancy Tax was down about 14%, the lowest since 2012.

Commissioner Erickson reported that we have had some requests for roll offs.  Just to let everyone know, we do not have any roll offs and we do not have the access to dump the roll offs at the dump grounds.

Commissioner Bishop stated the siren has been going off quite a lot.  Remember when you hear that to pull over and give these guys some room.  Shout out to the PD, they were pretty busy this last week.  If you see them out and about thank them for what they do.

President Carlsrud stated he would like to share with the community that you have a terrific staff working for the City of Valley City.  When you see them, thank them.  They’re out there in hot and cold weather doing a good job, sometimes catching heck for it but I want to assure you they are doing a good job for our community.

Adjourn

Meeting was adjourned at 5:28 P.M.

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

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

Others present:  City Administrator Crawford, City Attorney Martineck, Finance Director Richter, City Assessor Hansen, Fire Chief Magnuson, Police Chief Hatcher, Sanitation Supervisor Swart, City Engineers Chad Petersen and Tracy Eslinger, Jennifer Feist, Tyler Marthaler, Tony Shooshani

Approval of Agenda

Remove contingency on NB-5

Approval of Minutes

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

Approval of Consent Agenda

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

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

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

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

Ordinance

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

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

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

New Business

Approve the VCBCDC request for $16,254.

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

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

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

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

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

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

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

Discuss City Mask Plan.

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

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

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

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

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

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

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

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

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

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

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

City updates & Commission Reports

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

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

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

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

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

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

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

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

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

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

Adjourn

Meeting was adjourned at 5:48 P.M.

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

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

Others present:  City Administrator Crawford, City Attorney Martineck, Finance Director Richter, City Assessor Hansen, Fire Chief Magnuson, Police Chief Hatcher, Sanitation Supervisor Swart, City Engineers Chad Petersen and Tracy Eslinger, Jennifer Feist

Approval of Agenda

Addition NB4 and NB5

Approval of Minutes

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

Approval of Consent Agenda

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

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

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

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

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

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

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

Ordinance

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

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

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

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

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

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

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

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

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

Resolution

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

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

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

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

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

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

Mayor Carlsrud gave the okay.

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

Commissioner Erickson questioned cost share.

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

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

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

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

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

New Business

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

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

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

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

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

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

Review and Award bids for 2021 vehicle purchase.

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

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

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

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

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

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

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

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

City updates & Commission Reports

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

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

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

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

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

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

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

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

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

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

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

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

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

Adjourn

Meeting was adjourned at 5:54 P.M.

Tuesday, January 19th, 2021

Via Zoom

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

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

Others present:  City Administrator Crawford, City Attorney Martineck, Finance Director Richter, City Assessor Hansen, PW Manager Jacobsen, Fire Chief Magnuson, Police Chief Hatcher, Gloria Swart, City Engineer Chad Petersen, Jennifer Feist Aaron Raap, Mike Manstrom, Paul Diegel

Proclamation

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

Approval of Agenda

Addition of Proclamation

Approval of Minutes

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

Approval of Consent Agenda

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

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

No action taken.

Public Hearing

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

President Carlsrud declared the public hearing open. 

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

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

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

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

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

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

Ordinance

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

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

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

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

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

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

Resolution

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

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

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

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

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

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

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

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

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

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

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

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

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

New Business

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

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

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

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

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

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

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

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

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

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

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

Commissioner Magnuson moved to approve, seconded by Commissioner Gulmon.

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

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

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

Commissioner Magnuson moved to approve, seconded by Commissioner Gulmon

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

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

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

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

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

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

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

Commissioner Gulmon moved to approve, seconded by Commissioner Magnuson.

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

Discuss City Mask Plan.

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

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

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

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

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

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

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

City updates & Commission Reports

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

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

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

Adjourn

Meeting was adjourned at 5:46 P.M.