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03/18/2020 City Commission Minutes

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Wednesday, March 18, 2020

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

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

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

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

Approval of Minutes

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

Approval of Consent Agenda

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

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

Ordinance

Approve first reading of Ordinance No. 1051, an Ordinance Annexing Auditor’s Lot 5 of the NE ¼ of the SW ¼ of Section 27, Township 140, Range 58
City Attorney Martineck reported the petition for annexation received is for the area south of Lakeshore Acres (south of I-94). Bridgetown Partners is proposing a 40 lot residential subdivision. Donny Eberle, Bridgetown Partners appeared by phone and had not further comments.

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

Resolution

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

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

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

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

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

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

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

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

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

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

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

New Business

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

City Updates & Commission Reports

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

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

Adjourn

Meeting was adjourned at 5:17 PM.

04/13/2020 Board of Equalization Meeting Agenda

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Monday, April 13, 2020
4:00 PM

The City Commission will meet on Monday, April 13, 2020 at 4:00 PM CT, via conference call. Board Members may attend from alternate locations to minimize group size and contact, as recommended by state and federal government officials due to COVID-19 and as allowed in ND Executive Order 2020-16. Members of the public may listen to the meeting by calling (701) 845-8150, enter conference id# 656635.

Call to Order

Roll Call

  1. Auditor to read Sections 57-11-01, 03 and 07 of the North Dakota Century Code pertaining to the duties of the Board of Equalization.
  2. President declares the hearing open
    • Report from Assessor
    • Requests from Property Owners

      The City Board of Equalization is accepting personal appeals from individual property owners via teleconference, written, or digital submissions. The State Board of Equalization will also hear appeals through these alternate methods this year. In-person attendance is not required, and appeals can be provided by email or letter; please contact your local assessor at 701-845-8123 or email sandy.hansen@valleycity.us, by noon April 13th, 2020 to appeal the assessment.
  3. Auditor’s report on any written communication
  4. Motion to close hearing

    Roll Call:          Bishop              Magnuson        Powell              Erickson            Carlsrud
  5. Commission to review the assessment books.  Motion to approve the assessment books as prepared by the City Assessor. (Note any changes to assessment books in separate motion).

    Roll Call:          Magnuson        Bishop              Erickson           Powell              Carlsrud

Adjourn

Offices & Transfer Station Closures: Easter

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Office & Transfer Station Closings:

  • Public Works, City Hall & Transfer Station will be closed Friday, April 10th.
  • Transfer Station will be closed on Saturday, April 11.

Garbage Schedule: Week of April 6

  • Friday’s garbage will be picked up Thursday, April 9th. Please have it out by 7:00 am.

04/07/2020 City Commission Meeting Agenda

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The City Commission will meet on Tuesday, April 7, 2020 at 5:00 PM CT, via Microsoft Teams. Board Members may attend from alternate locations to minimize group size and contact, as recommended by state and federal government officials due to COVID-19 and as allowed in ND Executive Order 2020-16. Members of the public may view the meeting online.

Call To Order
Roll Call
Pledge of Allegiance (Please Stand)
Best Tasting Water Presentation (Eric Volk, ND Rural Water)

Approval of Agenda

Approval of Minutes

Minutes from March 18, 2020 meeting

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 $
  3. Approve Raffle Permits for Barnes County Wildlife Federation, Valley Quilters

Roll Call:          Magnuson        Erickson           Powell              Bishop              Carlsrud

Public Comments

During the COVID-19 emergency, members of the public may request to make a public comment regarding city business by contacting City Hall (701) 845-1700 by 12 NOON on the day of the meeting to make arrangements.

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. 1051, an Ordinance Annexing Auditor’s Lot 5 of the NE ¼ of the SW ¼ of Section 27, Township 140, Range 58 (Bridgetown Partners, Donny Eberle)

    Roll Call:          Erickson           Powell              Magnuson        Bishop              Carlsrud

 Resolution

  • Approve Resolution No. 2251, a Resolution Approving Plat of Waterfront Meadows (City Attorney Martineck)

    Roll Call:          Bishop              Erickson           Powell              Magnuson            Carlsrud
  • Approve Resolution No. 2252, a Resolution Approving Plat of Plecity Mobile Home Park Addition (City Attorney Martineck)

    Roll Call:          Magnuson        Bishop              Powell              Erickson            Carlsrud

New Business

  1.  Update regarding garbage collection remainder of this week (President Carlsrud)

City Updates & Commission Reports
Adjourn

04/07/2020 Finance Meeting Agenda

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The City Commission Finance Meeting will begin on Tuesday, April 7, 2020 at 3:30 PM CT, via Microsoft Teams. Board Members may attend from alternate locations to minimize group size and contact, as recommended by state and federal government officials due to COVID-19 and as allowed in ND Executive Order 2020-16. Members of the public may view the meeting online.

Call to Order

Roll Call

Agenda items

  1. Department reports.
    1. Out of State Travel Requests:
      1. REMOVED: VCPD for one employee to attend Managing Police Discipline, Kansas City, June 1-3, 2020
    2. REMOVED:Discuss Lexipol, a company that offers a la carte policy & procedure manual for Law Enforcement (Police Chief Hatcher)
  2. Review monthly bills/reports (10 minutes) – (President Carlsrud)
  3. REMOVED: Discuss $200,000 transfer from Infrastructure Renew & Replacement Fund 290 for  Permanent Flood Protection (City Auditor Richter)
  4. New infrastructure funding in territories annexed to city
  5. Discuss mobile vendor licensing (City Attorney Martineck)

Adjourn

04/01/2020 Special City Commission Meeting

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Valley City, North Dakota

Wednesday, April 1, 2020
11:00 AM

The City Commission will meet on Wednesday, April 1, 2020 at 11:00 AM CT, via Microsoft Teams, originating from City Commission Chambers, 254 2nd Avenue NE, Valley City, ND 58072. Board Members may attend from alternate locations to minimize group size and contact, as recommended by state and federal government officials due to COVID-19 and as allowed in ND Executive Order 2020-16. Members of the public may view the meeting online.

Call To Order
Roll Call

New Business

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

    Roll Call:          Bishop              Magnuson        Erickson           Powell        Carlsrud
  2. Consider Bridgetown Development requests related to Auditors Lot 5 of NE¼, Section 27, Township 140N, Range 58W, Barnes Country (Waterfront Meadows subdivision)
    1. Cost-share for infrastructure to new subdivision.
    2. Waiver of performance bond.
    3. Curb/gutter/street installation.
    4. Taxation of undeveloped lots.

Roll Call:          Bishop              Magnuson        Erickson           Powell              Carlsrud

Adjourn

Spring 2020 Flood Update – Minor Flooding Expected

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The City of Valley City is working with the Barnes County Emergency Management team and the US Army Corp of Engineers Baldhill Dam office to monitor the Sheyenne River. The river will rise as the outflows at the dam will increase to around 2400 CFS this weekend. The USACE plans to increase the ouflows by the first weekend in April to around 3500 CFS.  City crews are taking action in preparation for the river to be around 14-15 feet, but with local inflows, this may vary.  Evidence of minor flooding may be apparent at 15 feet.  At this time, the risk of moderate to major flooding is minimal, but the City is prepared to respond accordingly. 

Mayor’s Message

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Wednesday, March 25, 2020

Thank you Everyone & Welcome Back

  • Thank you all for your efforts with Social Distancing.  At every conference call and press conference we hear  “Social Distancing is the most effective method of slowing COVID-19”. 
  • Welcome home to grandparents, parents, other family, students (Spring Break) and friends who have been rejuvenating in warmer climates.  In your travels home, “exposure” to high-risk situations was very likely for all of you.  So to protect your family and friends, PLEASE consider self-quarantine for 14 days and ALWAYS practice Social Distancing.
  • With changes in our society like working from home and online schooling, “How are you doing”?  Many parents, brothers and sisters aren’t use to being together in the house this much.  Be sure you all get some “space” as your mental health is critical.  How about going for a short walk, a bike ride or some little activity for which you don’t normally have time.   From there, simply respect and be kind to everyone, especially those closest to you J.
  • North Dakota is having a slow rise in COVID-19 cases and that is a good thing as every slow day gives our health care system another day to catch up.
  • Pray to your God, keep the Faith and continue your great efforts.

Thank you,

Dave Carlsrud

Emergency Orders Issued Effective 03/26/2020 – Transient Merchants & Alcoholic Beverage Sales

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On March 25, 2020, Valley City Mayor Dave Carlsrud issued two emergency orders to take immediate effect on Thursday, March 26.

Both orders were issued pursuant to the COVID-19 state of emergency declared by the Mayor earlier this month, and are believed necessary to promote social distancing, discourage unnecessary travel, and limit exposure of Valley City residents to the COVID-19 virus.  The orders will also assist local businesses that have been adversely impacted by the pandemic.

Under Emergency Order 2020-01, all transient/temporary merchant activity must cease for a period of 30 days.  The general penalty established by Valley City Municipal Code for any violation of a city ordinance is a fine of up to $1,500 and/or up to 30 days in jail.

Under Emergency Order 2020-02, the holder of a Valley City alcoholic beverage license will be permitted to serve beer and wine by curbside or home delivery, subject to certain restrictions depending on the class of license.  Licensees are encouraged to contact City Hall for clarification of their rights and responsibilities under the emergency order.  All federal, state, and local laws pertaining to delivery of alcohol including but not limited to delivery to minors, server training, and age identification requirements, remain in effect.

All city commission meetings, planning meetings, and the annual tax equalization meeting, are scheduled to be held electronically unless and until the state of emergency has been lifted.  These meetings will continue to be broadcast on BEK channel 26, CSI channel 68, and newsdakota.com.  A public access phone line will be available and published in the near future.  Requests to listen to the electronic meeting in the commission chambers should be made in advance by calling 701-845-1700.  If you are preparing documents to present at any city meeting please call for instructions on how to submit electronically, or mail to PO Box 390, Valley City, North Dakota, 58072.  There will also be a dropbox at the north entrance of City Hall during regular business hours, 8:00AM – 5:00PM.

Individual and community efforts to help slow the spread of COVID-19 are greatly appreciated and the most effective tools in reducing local transmission.  Continue to keep your distance, wash your hands, limit travel and maintain healthy business operations and work environments.

03/03/2020 Commission Minutes

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Tuesday, March 3, 2020

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

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

Others Present: City Auditor Richter, City Attorney Martineck, City Assessor Hansen, Public Works Accountant Jacobson, Building/Fire Inspector Andersen, Fire Chief Magnuson, Lieutenant Rustebakke, Chad Petersen from KLJ.

Call to Order

Roll Call

Pledge of Allegiance (please stand)

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

Approval of Minutes

Commissioner Powell moved to approve the minutes from the February 18, 2020 meeting, seconded by Commissioner Bishop. Motion carried.

Approval of Consent Agenda

  1. Approve Monthly Reports from the Fire Chief, Building Inspector, Auditor, Municipal Judge and Public Works Accountant.
  2. Approve Monthly Bills for the City and Public Works in the Amount of $1,247,966.02
  3. Approve Block off the Street Request for Sheyenne Valley Soapbox Derby Association on June 6, 2020 on Central
  4. Approve Electrician, Plumber and/or Mechanical Contractor License(s) for the following businesses:
    1. Bakkegard & Schell, Inc.
    1. Dakota Electric Construction Inc., Co.
    1. Enterprise Electric, Inc.
    1. Grotberg Electric, Inc.
    1. Grotberg Electric, Inc. dba Triton Mechanical
    1. Hi-Line Electric, Inc.
    1. John’s Refrigeration & Electric, Inc.
    1. Kohn Electric, LLC
    1. Moorhead Electric, LLC
    1. Peterson Mechanical, Inc.
    1. RJ’s Plumbing & Heating, Inc.
    1. Scott’s Electric, Inc.
    1. Sheyenne Mechancial
    1. Wrigley Mechanical, Inc.
  5. Approve House Movers License for the following businesses:
    1. Carrington House Movers, Inc.
  6. Approve Raffle Permit for Valley City Lions Club

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

Public Comments

There were no public comments.

Resolutions

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

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

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

New Business

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

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

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

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

Approve Recommendations from the Visitors Committee

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

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

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

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

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

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

The motion passed unanimously.

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

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

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

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

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

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

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

Consider Amendment to Engineering Agreement for Permanent Flood Protection Phase IV

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

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

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

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

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

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

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

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

City Updates & Commission Reports

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

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

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

Adjourn

Meeting was adjourned at 5:40 P.M.