The City Commission Meeting began on Tuesday, September 1, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2^nd Avenue NE, Valley City, ND. Members of the public were not permitted in the Commission Chambers due to COVID-19 and as allowed in ND Executive Order 2020-16.

President Carlsrud called the meeting to order at 5:03 PM.

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

Others present: City Administrator Crawford, City Attorney Martineck, Finance Director Richter, PW Accountant/Manager Jacobson, City Assessor Hansen, Fire Chief Magnuson, Police Chief Hatcher, Chad Petersen from KLJ

Approval of Agenda

No Changes

Approval of Minutes

Commissioner Magnuson moved to approve the August 18, 2020 Commission Meeting minutes, seconded by Commissioner Gulmon.  Motion carried.

Approval of Consent Agenda

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

Public Works Accountant.

B.  Approve Monthly Bills for the City and Public Works in the Amount of

C.  Approve Raffle Permit for Barnes County Ducks Unlimited on 9/24/2020.

D.  Approve Raffle Permit for Barnes County Senior Citizens Council.

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

Public Comments

There were no public comments.

Ordinance

Resolutions

New Business

N1.  Consider advertising for bids the sale of vacant lot at 14^th St SW, Parcel 63-0880017.

Discussion took place in Finance meeting prior.

Commissioner Gulmon made a motion to retain property, seconded by Commissioner Bishop.  Motion carried.

N2.  Consider member participation agreement – North Dakota Public Health Insurance Trust.

City Attorney Martineck stated we have been working with the Hayes Company for our health insurance.  They have proposed if we join the trust and sign a two year agreement with them we would be able to maintain our current health plan at no additional increase to our premiums for 2021.  Starting in 2022 we have an average annual increase of 3-6% which less than what we have had the last couple of years.  This year was over 25% and proposed to be 12-15% next year.  Based on that we are recommending that we enter into this agreement.  We are required to put up 8.5% of our annual premiums up front.

Commissioner Bishop made a motion that we participate with North Dakota Public Health Insurance Trust, seconded by Commissioner Magnuson.  Motion Carried.

N3.  Consider Site Authorizations for VCSU Foundation at W.E. Osmon Fieldhouse, VC Town & Country Club, Shelly Ellig Field @ Lokken Stadium and the Valley City Eagles Club.

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

N4.  Approve Recommendations from Renaissance Zone Authority Board for 5 year income tax exemption and 5 year property tax exemption up to $250,000 for Smith Lumber project VC-126 at 1525 East Main St.

Commissioner Bishop moved to approve the Renaissance Zone project for Smith Lumber, seconded by Commissioner Gulmon.  Motion carried.

City Administrator’s Report

City Administrator Crawford stated to make people aware that we will be enforcing the Ordinances as written.

City Updates & Commission Reports

Finance Auditor Richter reiterated that we will be having a Special Commission meeting Thursday, September 3^rd at 7:00 AM to discuss the City Engineer position and our budget.

Fire Chief Magnuson stated there is one month of the census remaining.  If you know someone that hasn’t completed it please encourage them to do so.

Police Chief Hatcher stated school is in session so please slow down and watch the cross walks.

Chad Petersen from KLJ provided project updates.  5^th Ave is open through 6^th St.  They are working on the landscaping and trees for Phase I.  Phase II they started spreading the gravel this week and will work on the underground next Tuesday.

City Commissioner Gulmon thanked City Attorney Martineck and City Administrator Crawford on their work with the health insurance.  We had an excellent audit so thanks to Avis and staff.

President Carlsrud stated we have been making some less than stellar decisions regarding staying safe with COVID.  From here on forward we can do better.  Wash your hands, social distance and wear masks where you can’t social distance.  We are looking for support from our downtown businesses to encourage people to mask up.

Thanks to all of our employees.  There is a lot of stuff going in the last couple weeks.  We’ve had to adjusting on the fly and thank you all for that and picking up the extra slack.

Meeting was adjourned at 5:27 PM.

The City Commission Meeting began on Tuesday, August 18, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2^nd Avenue NE, Valley City, ND. Members of the public were not permitted in the Commission Chambers due to COVID-19 and as allowed in ND Executive Order 2020-16.

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

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

Others present: City Administrator Crawford, City Attorney Martineck, City Auditor Richter, Deputy Auditor Klein, PW Accountant/Manager Jacobson, City Assessor Hansen, Fire Chief Magnuson, Police Chief Hatcher, Chad Petersen from KLJ

Oath of Office for Officer Zachary Gruba

President Carlsrud administered the Oath of Office for Officer Gruba.

Approval of Agenda

No Changes

Approval of Minutes

Commissioner Bishop moved to approve the July 28, 29 and 30^th Budget Meetings and the August 4th, 2020 Commission Meeting minutes, seconded by Commissioner Erickson. Motion carried.

Approval of Consent Agenda

1.  Approve Plumber and Mechanical Contractor License for BDT Mechanical, LLC.

Commissioner Gulmon moved to approve the consent agenda, seconded by Commissioner Magnuson.  Motion Carried.

Public Comments

There were no public comments.

Ordinance

Approve second and final reading of Ordinance 1063, an Ordinance to amend Title 9 (Fire Protection) fire extinguisher inspections.

City Attorney Martineck reported the only change since the last reading is the addition of the administrative fee that can be assessed by the Fire Chief for violations of that particular section. 

Commissioner Magnuson moved to approve Ordinance 1063, seconded by Commissioner Erickson.  Motion passed.

Approve first reading of Ordinance No.  1064, an ordinance to adopt and enact Seciton1-01-16 of the Valley City Municipal Code related to cooperative purchasing.

City Attorney Martineck reported the fire department is looking at expanding the current fire hall and this ordinance is allowing to look at other competitive contract without the statutory bidding process.

Mayor Carlsrud asked why this process is necessary.

City Attorney Martineck responded that under state law we are required to competitively bid out any project that is over $200,000.  We can adopt an ordinance to allow us to bid differently and we have been told by another contractor that they would be able to do the project for a lot cheaper saving the taxpayers money if we used GSA contracting.

Commissioner Erickson moved to approve Ordinance 1064, seconded by Commissioner Bishop.  Motion passed.

Resolutions

Approve Resolution No. 2259, a resolution amending Master Fee Schedule – temporary use permit and fire extinguisher inspections.

City Attorney Martineck stated these fees were discussed at the last meeting.  The only thing that was added was the administrative penalty of $25 for the first violation and $50 for the second.

Mayor Carlsrud requested an example of a violation.

Fire Chief Magnuson responded if someone didn’t have their fire extinguishers up to code or inspected.

Commissioner Gulmon requested an example of where the temporary use permit would be utilized.

City Attorney Martineck stated an example would be food truck that wants to set up in a parking lot or on the side of the road will have to get a permit.  A vendor that had a rug sales business out of the back of their truck would have to come in and get a permit.     They can do it for 10 days for $50 or for the whole year for $500.

Commissioner Gulmon moved to approve Resolution 2259, seconded by Commissioner Erickson.  Motion Carried.

New Business

Approve construction engineering agreement with KLJ for Permanent Flood Protection Erosion Mitigation Phase 1.

This is an amendment to the original agreement.  The original agreement was for the $45,500, the amended amount is for $55,925 totaling $101,425.00.

Commissioner Magnuson moved to approve, seconded by Commissioner Bishop.
Roll call: Bishop – aye; Magnuson – aye; Erickson – nay; Gulmon – aye; Carlsrud – aye.

Motion carried.

Approve Special Alcohol Beverage Permit for the Labor Club Back to School Outdoor Parking Lot Dance held in the Labor Club Parking Lot on August 29^th from 9om-1am.

Commissioner Erickson moved to approve, seconded by Commissioner Magnuson.  Motion carried contingent that the Labor Club provides a plan on social distancing.

City Administrator’s Report

Marshall had brought up that the flags that were going on the new poles were getting caught up in some of the banners.  He received some quotes for fixing that problem.  City Administrator Crawford stated she applied for gaming funds through the Eagles and was awarded the full amount of $3,030.  Thank you to the Eagles!

City Updates & Commission Reports

Finance Auditor Richter reported that our 2019 audit reports are finalized and will be sent out to the commissioners and department heads soon.

Luke Everson with Eide Bailly will be presenting by Zoom at the September 1^st Finance meeting.

The certification for the Cares Act funding has been sent in for the 5 months of the Police Departments’ salary and benefits which totals $435,000.  Not sure how much of that we will be reimbursed.

Fire Chief Magnuson reported the census is still happening and workers are going door to door.

Chad Peterson from KLJ reported updates on 5^th Ave NW are starting to pave from main to just south of 7^th St.  Next week they should be moving onto Phase II.

Commissioner Gulmon stated he and Avis met last week reviewed some items in the budget and talked about the monthly financial income expense report to date and a little about the allocation of the Cares funds.

Commissioner Bishop welcomed Officer Gruba and thanked Police Chief Hatcher for all his hard work.

Mayor Carlsrud stated he and Suzy walked up 5^th Ave and we noticed what a good job KPH did cleaning up when they left for the weekend.  Also, thanks to Reiner for doing such a nice job on our flood wall.  Down at the Master Lift and the other pump station by where the old Bettins and it looks so nice.  Valley City can be proud of the work those people have did for us.

Welcome to Zach Gruba.

Thank you to the Eagles for the contribution.

Thank you to all of our city employees.  With all that is going on it makes more work to all of you and we appreciate you.  Thank you to the Commission for serving.

Meeting was Adjourned at 5:30 PM.

The City Commission Meeting began on Tuesday, July 7, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2^nd Avenue NE, Valley City, ND. Members of the public were not permitted in the Commission Chambers due to COVID-19 and as allowed in ND Executive Order 2020-16.

Members of the public may view the meeting online (https://zoom.us/j/97914864324?pwd=WU9HcjJhSDVaZmwvRnQxQjVkWmlxZz09) Password 9PhqpQ or listen by calling (1 253 215 8782) Webinar ID: 979 1486 4324 Password 481130

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

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

Others present: City Administrator Crawford, City Attorney Martineck, City Auditor Richter, Deputy Auditor Klein, City Assessor Hansen (by Zoom), Building/Fire Inspector Andersen, Public Works Accountant/Manager Jacobson, Fire Chief Magnuson, Police Chief Hatcher, Chad Petersen from KLJ.

Approval of Agenda

Added Ordinance 1062

Remove Resolution 2258

Approval of Minutes

Commissioner Bishop moved to approve the minutes from June 23, 2020 meeting, seconded by Commissioner Gulmon. Motion carried.

Approval of Consent Agenda

1. Approve Monthly Reports from the Fire Chief, Building Inspector, Auditor, Municipal Judge and Public Works Accountant.
2. Approve Monthly Bills for the City and Public Works in the Amount of $2,458,233.49.
3. Approve Block off the Street Request for On the Move “Let’s Walk Valley City” Event on July 20, 2020 from 5:00 PM to 8:00 Pm at 4^th Ave NE from 9^th St NE to 6^th Street NE

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

Public Comments

Gary Jacobson had received a concern from a citizen about the monthly water surcharge of $8.24 for multi-unit buildings. Currently the owner pays the consumption cost and each tenants pays the $8.24 surcharge. This charge has been in place for at least 30 years to make sure costs are being distributed to those receiving the benefit. A single family home has a smaller and less expensive meter going into the home where the multi-unit homes have a larger meter which is more expensive to purchase and maintain. If this monthly fee was removed there would need to be an increase to all residents to make up for this decrease in revenue.

Ordinance

Approve second and final reading of Ordinance No. 1060, an Ordinance Relating to amend and reenact Chapter 5 of Title 8 and Section 11-05-18 of the Valley City Municipal Code, relating to mobile vendors and transient merchants.

Attorney Martineck reviewed the ordinance and stated all recommendations from the Planning and Zoning Board have been adopted in this version. Commissioner Erickson moved to approve second and final reading of Ordinance No. 1060, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve second and final reading of Ordinance No. 1061, an Ordinance to Adopt and Enact Section 1-01-15 of the Valley City Municipal Code related to Crime Victim Witness Fee

City Attorney Martineck reported that the City has imposed a crime victim witness fee in 2017, the section was repealed inadvertently during the recodification process and this ordinance will re-instate the section. There has been no change to the ordinance from the first reading. Commissioner Bishop moved to approve the second and final reading of Ordinance No. 1061, seconded by Commissioner Erickson. The motion passed unanimously.

Approve first reading of Ordinance 1058, an Ordinance Creating Section 20-04.01 to extend City Sales, Use & Gross Receipts Tax dedicated to Permanent Flood Protection.

Attorney Martineck stated this ordinance went to the vote of the citizens of Valley City in June and passed. Finance Director Richter stated the purpose of extending the sales tax is to have a revenue source to finance permanent flood protection through the Bank of North Dakota. These loans have a 30 year term. Commissioner Gulmon moved to approve the first reading of Ordinance No. 1058, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve first reading of Ordinance No. 1062, an ordinance to amend and reenact sections 14-8-07 and 14-08-20 of the Valley City Municipal Code related to penalties for striking unattended motor vehicle and driving without liability insurance.

Attorney Martineck stated these amendments had previously been discussed by the Commission and need to be updated to be in compliance with NDCC. Commissioner Magnuson moved to approve the first reading of Ordinance No. 1062, seconded by Commissioner Bishop. The motion passed unanimously.

New Business

Discuss job title for City Administrator position.

Commissioner Bishop stated there was discussion at the Finance Meeting regarding changing the title of City Administrator to City Manager. Commissioner Bishop moved to keep the title as City Administrator, seconded by Commissioner Magnuson.  Commissioner Gulmon stated the citizens voted to keep the City Administrator position, it’s time for us all to support this position and move on in a positive manner. The motion passed unanimously.

Approve Appointment for the Visitors Committee.

Finance Director Richter stated this position was advertised in the Times Record. Paige Bjornson expressed her interest in serving on the Visitors Committee, no other inquiries were received. Commissioner Gulmon moved to appoint Paige Bjornson to the Visitors Committee, seconded by Commissioner Bishop.  The motion passed unanimously.

Approve Property Tax exemption for Improvements to Residential Building at 905 9^th Ave SE.

City Assessor Hansen submitted her recommendation to approve the tax exemption at 905 9^th Ave SE for a 25’x 25’ addition that will add an estimated $60,000 of value. Finance Director Richter reminded the Commission that the tax exemption is only on the addition and would not affect the current tax revenue from this property. Commissioner Bishop moved to approve the property tax exemption at 905 9^th Ave SE, seconded by Commissioner Erickson.  The motion passed unanimously.

Approve Assistant Public Works (Operations) Superintendent Position for Succession Planning. Attorney Martineck reviewed the succession plan when Jeff Differding retires. The plan moving forward would be to post the position internally, go through the interview process, and promote the person to assistant operations superintendent with a 5% increase in the employee’s current salary. This person would then have the opportunity to job shadow Jeff and learn the job. Commissioner Erickson moved to move forward with the succession plan of the Public Works Operations Superintendent, seconded by Commissioner Magnuson.  The motion passed unanimously.

City Administrator’s Report

City Administrator Crawford reported on meeting with department heads, banners on central, department head meetings starting this week, opening the transfer station on Saturdays starting July 18^th through September, Clean up week is September 14-18, need to work on tree growth in alleyways, and drawing up agreements in writing instead of verbal agreements.

City Updates & Commission Reports

Attorney Martineck reported on the applications for the City Engineer position and would like to continue posting for another two weeks.

Finance Director Richter welcomed Brandy Johnson, City Hall Administrative Assistant and Tina Current, Public Works Administrative Assistant.

Chad Petersen gave a brief overview of the construction projects – Seal Coat has been completed, continue working on the underground on 5^th Avenue NW on track with completion deadlines for Phase I, PFP concrete flood walls have been completed.

Commissioner Gulmon has met with Finance Director Richter to review the City’s finances and will continue to do so monthly. Also met with Jennifer Feist with the VCBC Development Corporation.

Commissioner Bishop welcomed the new police officer and thanks to all the officers for their work.

President Carlsrud thanked the new police officer for coming to our community and being interested in law enforcement. Thanks to Paige Bjornson for stepping up and serving on the Visitors Committee. City employees are working in the hot weather, be aware of the workers in work zones.

Adjourn at 5:37 PM

The City Commission Meeting began on Tuesday, June 23, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2^nd Avenue NE, Valley City, ND. Members of the public were not permitted in the Commission Chambers due to COVID-19 and as allowed in ND Executive Order 2020-16.

Members of the public may view the meeting online (https://zoom.us/j/98694073301?pwd=VjRWZlhVNWJ0QjhvWUFFbDh3WUdvdz09) Password 4tTbXr or listen by calling (1 346 248 7799) Webinar ID: 986 9407 3301 Password 534462

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

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

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

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the June 16, 2020 meeting, seconded by Commissioner Erickson. Motion carried.

Approval of Consent Agenda

1. Approve Raffle Permit for D&C Home Improvement

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

New Business

Elect Vice President to City Commission
City Auditor Richter reported that Commissioner Magnuson was elected Vice President by ballot.

Approve Reorganization of Commissioner’s Portfolios

Portfolio	Board Member
Finance	Commissioner Gulmon
Public Works: Streets, Sanitation, Sewer, Water Distribution	Commissioner Erickson
Public Works: Electric & Water Treatment Plant	President Carlsrud
Police/Fire	Commissioner Bishop
Buildings/Grounds	Commissioner Magnuson

Commissioner Magnuson moved to approve the portfolios, seconded by Commissioner Gulmon. The motion passed unanimously.

Appoint and approve Commissioner assignments to additional committees and boards

Committee/Board	Number of Commissioners Assigned	Board Member
Valley City Planning & Zoning Commission	2 commissioners	President Carlsrud Commissioner Bishop Commissioner Erickson
Valley City Library Board	1 commissioner	Commissioner Gulmon
City County Health Board	1 commissioner	Commissioner Bishop President Carlsrud
Barnes County Planning & Zoning Commission	2 commissioners	President Carlsrud Commissioner Bishop Commissioner Erickson
Valley City-Barnes County Development Corporation	2 commissioners	Commissioner Bishop Commissioner Gulmon
Board for Community Service	1 commissioner	Commissioner Magnuson

President Carlsrud reported change from Commissioner Bishop will serve on the Planning and Zoning Boards instead of President Carlsrud; President Carlsrud will serve on City County Health instead of Commissioner Bishop. Commissioner Magnuson moved to approve as amended, seconded by Commissioner Erickson. The motion passed unanimously.

Consider de-obligating approximately $350,000 SWC funds for 7th Ave NW Water Main 100 project.
Chad Petersen from KLJ that 7^th Avenue NW was bid in April 2019 but bids were high. In January 2020, the City Commission reviewed the R&R fund and determined the project should be deferred to 2021 construction (at that time, the City Commission was expecting Prairie Dog funding available and $350,000 grant from SWC for water mains). Since then, the State Water Commission is looking to de-obligate funds for projects that local government does not expect to be completed in 2021.Chad Petersen from KLJ does not expect the City will be able to fund the local share of the project in 2021.

Commissioner Magnuson moved to approve the de-obligation, seconded by Commissioner Gulmon.

Petersen reported that the State Water Commission is looking for reports on the anticipated reimbursements as well as any carry-over requests for reimbursement. Commissioner Magnuson asked if this project needs to wait for Prairie Dog funding. Chad Petersen from KLJ agreed further discussion is needed to determine funding priorities in future.

The motion passed unanimously.

City Administrator’s Report

City Administrator Crawford continues to meet with city staff and departments

City Updates & Commission Reports

Building/Fire Inspector Andersen reported the City held a pre-construction meeting with Love’s.

Fire Chief Magnuson stated 4^th of July will be here soon; sales begin June 27 – July 5. Don’t shoot until July 1. Census – please complete.

City Attorney Martineck reported the Assistant Fire Chief position was posted in-house. The position closes this week. Martineck expects to post the City Engineer position to post tomorrow; goal to have decision made by end of July.

President Carlsrud thanked elected officials for serving and encouraged members of the public to serve.

Adjourn at 5:19 PM

The City Commission Meeting began on Tuesday, June 16, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2^nd Avenue NE, Valley City, ND. Members of the public were not permitted in the Commission Chambers due to COVID-19 and as allowed in ND Executive Order 2020-16.

Members of the public may view the meeting online (https://zoom.us/j/97914864324?pwd=WU9HcjJhSDVaZmwvRnQxQjVkWmlxZz09) Password 9PhqpQ or listen by calling (1 253 215 8782) Webinar ID: 979 1486 4324 Password 481130

President Carlsrud called the meeting to order at 5:00 PM. President Carlsrud presented Commissioner Powell with a plaque for his years of service to the City Commission (2017-2020). President Carlsrud stated that tomorrow’s COVID-19 briefing will be the last for the foreseeable future.

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

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

Approval of Agenda – Addition of Consent B & C; O2

Approval of Minutes

Commissioner Bishop moved to approve the minutes from June 2, 2020 meeting, seconded by Commissioner Powell. Motion carried.

Approval of Consent Agenda

1. Approve Renewal Application for Cabaret License for F.O.E. Aerie 2192
2. Approve Tree Trimming & Removal Service License for GS Services
3. Approve Raffle Permit for SHINE

Commissioner Powell moved to approve the consent agenda, seconded by Commissioner Erickson. Motion carried.

Public Comments

There were no public comments.

Public Hearing

Public Hearing for Mobile Vendors and Transient Merchants Licensing

President Carlsrud declared the public hearing open. City Attorney Martineck stated the questions began over a year ago for licensing of mobile vendors. Martineck drafted an ordinance that addresses door-to-door solicitation as well as those who setup along boulevards. Planning & Zoning Commission reviewed and made 5 recommendations. Martineck stated this is the first reading, a second reading will be held in July in conjunction with a Resolution to set fees. Martineck clarified that the farmers market is already exempt by ordinance. Commissioner Powell and Commissioner Bishop discussed specific agricultural examples that setup in parking lots. City Attorney Martineck stated Planning & Zoning recommends a ten day window in which permits are valid. Commissioner Powell requests agricultural products be exempt from the permitting process. Commissioner Bishop wants the permitting for the food trucks. City Attorney Martineck confirmed that the sale of food products door to door will require a transient merchant permit.

City Attorney Martineck stated if the City Commission agrees with the Planning & Zoning Commission recommendations as well that the produce stands will be exempt, then he will proceed preparing materials for the second reading.

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

Approve first reading of Ordinance No. 1060, an ordinance to amend and reenact Chapter 5 of Title 8 and Section 11-05-18 of the Valley City Municipal Code, relating to mobile vendors and transient merchants.

Commissioner Bishop moved to approve first reading of Ordinance No. 1060, seconded by Commissioner Powell. The motion passed unanimously.

Ordinance

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

City Attorney Martineck stated there were no changes since the first reading. This ordinance is to annex the access road to Waterfront Meadows. Commissioner Erickson moved to approve second and final reading of Ordinance No. 1059, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve first reading of Ordinance No. 1061, an Ordinance to Adopt and Enact Section 1-01-15 of the Valley City Municipal Code related to Crime Victim Witness Fee

City Attorney Martineck reported that the City has imposed a crime victim witness fee in 2017, the section was repealed inadvertently during the recodification process and this ordinance will re-instate the section. Commissioner Powell moved to approve the first reading of Ordinance No. 1061, seconded by Commissioner Erickson. The motion passed unanimously.

New Business

Receive the Barnes County Official Canvassed Abstract and the Certificate of Election from the Primary Election held on June 9, 2020

City Auditor Richter provided the report from the election:

City Auditor Richter reported the Ordinance to Extend City Sales, Use and Gross Receipts dedicated to Fund Permanent Flood Protection will be presented at the next meeting for first reading.

Approve 2020 – 2021 Gaming Site Authorizations for the following:

1. North Dakota Winter Show at North Dakota Winter Show Event Center
2. Valley City Eagles Aerie 2192 Fraternal Order of Eagles at the Eagles; Captain’s Pub; Labor Club; My Bar; City Lights; Tavern 94

City Auditor Richter stated these are annual renewals. Commissioner Magnuson moved to approve, seconded by Commissioner Powell. The motion passed unanimously.

Approve Appointment for the following committees and terms:

1. Zoning Board of Adjustment (Variance) – 3 openings, 3 year term
   1. Allen Schuldt
   1. Ken Reid
   1. Jim Wright
2. Visitors Committee – 3 openings, 4 year term
   1. Bobby Koepplin
   1. Mary Lee Nielson
   1. Vacancy
      
      

City Auditor Richter stated the Zoning Board of Adjustment and Visitors Committee openings are renewed terms – the openings are not advertised when a member agrees to continue. The vacancy on the Visitors Committee will be advertised until July 6.

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

Discuss Urban Road Funding Request for Streetscape Phase II

Chad Petersen from KLJ stated that bids were opened in April 2020, and the project was over budget on the local share. Petersen reported a letter was sent requesting the transfer of $500,000 of Urban Roads funds to this project. Petersen has not received a response from NDDOT regarding this request. This provides the City up to an additional $625,000 for the project ($125,000 additional local share) KLJ will look at the sidewalk improvements to determine what can be deferred and then present to NDDOT for approval. KLJ is also considering having VCPW install the lighting in City Park. Petersen stated that with cost savings and additional funding, this project should be able to move forward. KLJ will resubmit project plans with the adjustments for Commission approval. KLJ plans to bid project in October or November 2020.

City Auditor Richter stated the City will need to look at the R&R fund to review timing and priority of projects.  

Approve Change Order #1, Project No. SU-2-990(059) – 5^th Ave NW Reconstruction

Chad Petersen from KLJ stated the Change Order #1 is for the lighting on 5^th Avenue NW that will be installed by VCPW with an additional cost for on-site coordination with the contractor. This change order also allows the contractor to reclaim the asphalt which is a cost savings to the City. At this point, savings is 100% to the City as the federal funding cap on the project has already been met. Commissioner Magnuson moved to approve the change order, seconded by Commissioner Powell. The motion passed unanimously.

Approve Change Order #2, Project No. SU-2-990(059) – 5^th Ave NW Reconstruction

Chad Petersen from KLJ reviewed the report which indicated:    

Sanitary Sewer Service Connection Saddle Wye Option:Plan note 724-P11 states that sanitary sewer service connections from 13+00 to 29+00 will be connected to existing main by removing a section of the main at the service location and installing a wye by using sewer couplings to connect to the main. After the project was bid KPH proposed using a saddle wye connected directly to the pipe lining for the sanitary services at those locations. The Project Engineer and Valley City Public Works were in agreement that this would be an acceptable alternative. Due to the decrease in labor and material a new price of $1,820.00 EA was agreed upon for the services in these locations. This will result in a deduction of 31 – Sanitary Sewer Service Connections at $2,350. EA and an addition of 31 – Reconnect to Existing Sanitary Sewer Service at $1,820.00 EA. For a net project savings of $16,430. The sanitary sewer service connections from station 29+00 to station 37+00 will be installed per plan and paid for under the original bid item.

Sanitary Sewer Conflict Structures:

While installing storm sewer at station 15+10 it was discovered that the joined sanitary sewer service for house #226 and 236 will conflict with the storm sewer and be unable to connect to the existing main.

KPH, Project Engineer, and Valley City Public Works agreed upon installing a conflict structure on each 24” storm sewer run. The conflict structures result in a net project cost increase of $10,956.22. As a part of this Change Order, KPH is also requesting a contract extension of 2 days due to the delay incurred by the conflict.

Commissioner Powell moved to approve Change Order #2, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Renewal Applications for the following Alcoholic Beverage Licenses:

1. Brockopp Brewing, LLC
2. The Captains Pub
3. Chinese Palace
4. Hi-Line Hospitality, LLC dba City Lights
5. Dakota Silver, LLC
6. F.O.E. Aerie 2192
7. Jimmy’s Pizza
8. Sabir’s Dining & Lounge
9. Main Street Off-Sale, LLC dba Tavern 94
10. The Labor Club
11. County Bottle Shop, Inc dba the Liquor Locker
12. Valley City Town & Country Club
13. VC Developers LLC dba Bridges Bar & Grill
14. Woodland Lodge LLC dba Woodland Steakhouse

City Auditor Richter stated application and materials were completed. Police Chief Hatcher granted a COVID waiver for server training as VCPD has not offered the class during the closures. Commissioner Magnuson moved to approve the renewal applications, seconded by Commissioner Erickson. The motion passed unanimously.

Discuss Renewal Applications for the following Alcoholic Beverage Licenses:

1. Mosby LLC dba Boomers Corner Keg
2. My Bar
3. The Clubhouse Lounge LLC

City Auditor Richter reported Mosby LLC dba Boomers Corner Keg & My Bar are now in compliance. Police Chief Hatcher inquired if the Clubhouse Lounge LLC needs to have updated signage as it is no longer holds a Club license. City Attorney Martineck has not received a response from the license holder. Martineck did not believe the licensing should not be held up, but that the issue should be raised.

Commissioner Erickson asked if the Legion is still using the basement. No definitive answer provided.

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

Approve Renewal Applications for the following Retail Tobacco Licenses:

1. Casey’s General Store #3363 dba Casey’s Retail Company
   1. CHS Inc. dba Dakota Plains Ag (807 Main St)
   1. Dakota Silver, LLC
   1. DG Retail, LLC dba Dollar General Store #17856
   1. Farmers Union Oil Company of Moorhead, MN dba PetroServe USA #071
   1. Leevers Foods, Inc (424 2^nd Ave NE)
   1. Leevers Foods, Inc (148 S Central Ave)
   1. County Bottle Shop, Inc dba the Liquor Locker
   1. Mosby LLC dba Boomers Corner Keg

• And authorize the Auditor’s Office to issue licenses for applicants who meet all licensing requirements before June 30, 2020

1. Brothers III
   1. CHS Inc dba Dakota Plains Ag (151 9^th Ave NW)
   1. F.O.E. Aerie 2192
   1. Family Dollar, Inc. dba Family Dollar #27662

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

City Administrator’s Report

City Administrator Crawford reported she is meeting department heads and employees.

City Update & Commission Reports

City Auditor Richter reported Chris George from John Deere has been in contact with Chad Petersen from KLJ, Jeff Differding for new curb and gutter as well as driveway aprons. They have requested 25% reduction from R&R fund, at estimated total cost of $30,000 with cap at $7,500. City Auditor Richter reported they had protested the paving improvement project out previously. Consensus to proceed.

City Auditor Richter has provided budget working papers to the Department Heads from the general government funds. Richter has asked for consideration when impacts are known from COVID-19 and lower oil prices.

Fire Chief Magnuson thanked Commissioner Powell for his service. Please complete your Census survey!

Chad Petersen from KLJ reported PFP Phase III by the Master Lift Station is down to the last few pours, with staining and veneers to follow. Phase IIA is complete. 5^th Avenue NW progresses well. Seal coat work will be finished; initial sweeping has occurred with final sweeping to occur this Thursday.

City Auditor Richter reported there will be a City Commission meeting next Tuesday at 5:00 PM.

City Administrator Crawford reported the 5^th Avenue NE repair will occur and money has been reallocated from other VCPW capital projects.

Commissioner Erickson thanked Emma & Ross for service.

Commissioner Powell thanked employees for work and making things look easy.

Commissioner Bishop congratulated Dick. Thanked Ross for service.

Commissioner Magnuson congratulated Mike & Dick. Thanked Ross for service. Looking forward to Summer Nights on Central; enjoy your community and shop local. Magnuson thanked Emma for her work.

President Carlsrud stated oil extraction tax is projected to be low. Carlsrud echoed thank yous. Please be cautious while driving. Carlsrud thanked elected officials for participating. 1 of 11 citizens need to participate to fill positions on boards/communities.

Adjourn at 6:37 PM.

The City Commission Meeting began on Tuesday, June 2, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2^nd Avenue NE, Valley City, ND. Members of the public were not permitted in the Commission Chambers due to COVID-19 and as allowed in ND Executive Order 2020-16.

Members of the public may view the meeting online (https://zoom.us/j/98978843732?pwd=QVpONXRTOEU3Z2tIckd4Zy9RZTI0UT09) Password 5aJ44L or listen by calling (1-669-900-9128) Webinar ID: 989 7884 3732 Password 674864

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

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

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

Oath of Office for City Administrator Gwen Crawford

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

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

Approval of Minutes

Commissioner Powell moved to approve the minutes from the May 19, 2020 meeting, seconded by Commissioner Bishop. Motion carried.

Approval of Consent Agenda

1. Approve Monthly Reports from the Fire Chief, Building Inspector, Auditor, Municipal Judge and Public Works Accountant.
2. Approve Monthly Bills for the City and Public Works in the Amount of $1,009,556.60
3. Approve Electrician,  Plumber and/or Mechanical Contractor license for
   1. Maple River Electric
   1. On Demand Plumbing
   1. Energize Electric, LLC
4. Approve Tree Trimming & Removal License for GS Services
5. Approve Raffle Permit for Sheyenne River Valley National Scenic Byway
6. Approve Block off the Street Request for VCSU (on Viking Drive SW from 4^th Ave SW to 2^nd Ave SW)

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

Public Comments

There were no public comments.

Public Hearing

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

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

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

Ordinance

Approve second and final reading of Ordinance No. 1056, an Ordinance Repealing Section 2-04-03 of V.C.M.C., relating to residency requirements of appointive officers and employees of city

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

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

Resolution

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

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

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

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

New Business

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

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

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

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

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

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

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

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

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

City Administrator’s Report

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

City Updates & Commission Reports

City Auditor Richter welcomed City Administrator Crawford to the City.

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

Commissioner Erickson welcomed Gwen.

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

Commissioner Bishop thanked VCPD officers for their work.

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

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

Adjourn

Adjourned at 5:35 PM.

May 19, 2020
5:00 PM

The City Commission Meeting began on Tuesday, May 19, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2^nd Avenue NE, Valley City, ND. Members of the public were not permitted in the Commission Chambers due to COVID-19 and as allowed in ND Executive Order 2020-16. Members of the public could view the meeting online (https://zoom.us/j/97740454720) or listen by calling (669) 900-9128 Webinar ID: 977 4045 4720.

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

Members Present: Commissioner Magnuson, Commissioner Bishop, Commissioner Powell, Commissioner Erickson (joined at 5:08 PM by Zoom)

Members Absent: Commissioner Erickson.

Others Present: City Auditor Richter, City Attorney Martineck, Police Chief Hatcher. Those appearing by Zoom/phone included Chad Petersen from KLJ, Wesley Wintch (VCSU), Greg Stroeing (Love’s Addition), Chris Johnson (Love’s Addition), Gwen Crawford.

Approval of Agenda – Addition of N8; O3 Moved to N9

Approval of Minutes

Commissioner Powell moved to approve the minutes from May 5, 2020 meeting, seconded by Commissioner Bishop. Commissioner Bishop requested correction that the President Carlsrud voted nay on the parade application. Motion carried.

Approval of Consent Agenda

1. Approve Raffle Permit for Fraternal Order of Police James Valley Lodge #4, ND Red Knights

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

Public Comments

There were no public comments.

Ordinance

Approve second and final reading of Ordinance No. 1055, an Ordinance Rezoning West ½ of Lot 10, East 74.25’ of Lots 11 & 12, Lots 13 and 14 less the North 105’, and Lot 15 of Block 3, Andrus & Sifton’s Addition for VCSU Center for the Arts

City Attorney Martineck reported that there were no changes from the first reading and that this provides rezoning from residential to public. Commissioner Magnuson moved to approve second and final reading of Ordinance No. 1055, seconded by Commissioner Powell. The motion passed unanimously.

Approve first reading of Ordinance No. 1056, an Ordinance Repealing Section 2-04-03 of V.C.M.C., relating to residency requirements of appointive officers and employees of city

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

Resolution

Approve Resolution No. 2255, a Resolution Approving Plat of Love’s Addition (63-2601150)

City Attorney Martineck reported the application for the Plat of Love’s Addition was reviewed by Planning & Zoning Commission on May 13. The subdivision was approved with no conditions by Planning & Zoning Commission. Commissioner Magnuson moved to approved Resolution No. 2255, seconded by Commissioner Powell. The motion passed unanimously.

Commissioner Erickson appeared by Zoom at 5:08 PM.

Approve Resolution No. 2256, a Resolution Approving Replat of Lot 5, South Valley Addition

City Attorney Martineck stated that Planning & Zoning Commission received a replat request for Lot 5, South Valley Addition. Martineck stated that by approving the replat, the City Commission, is also approving a variance as the frontage feet is 51’ instead of the required 100’. Commissioner Bishop moved to approve Resolution No. 2256, seconded by Commissioner Magnuson. The motion passed unanimously.

New Business

Approve proposed Ordinance No. 1058 for publication, an Ordinance Creating Title 20-04.01 to Extend City Sales, Use & Gross Receipts Tax dedicated to Permanent Flood Protection

City Attorney Martineck reported the City Commission previously passed a resolution to place the extension on the ballot for the June election. This ordinance is for publication in the newspaper but won’t be on the agenda for first reading until after the election.

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

Approve July 1, 2020 – June 30, 2021 Annual Gaming Site Authorization for the following

1. Valley City Baseball Association at The Clubhouse Lounge
2. Valley City Hockey and Figure Skating Club at Valley City Town & Country Club
3. Valley City Hockey and Figure Skating Club at Youth Sports Complex

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

Consider Police Officer COVID-19 hazard pay

Police Chief Hatcher requested $500 additional pay per month for nine police officers who are in the field. Hatcher has funds available through officer vacancies. Hatcher is requesting authorization for three months from March 15 to June 15. Hatcher reported increased percentage of calls for domestic violence and substance abuse over the same time last year.

Commissioner Powell moved to approve as requested, seconded by Commissioner Bishop.

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

Consider options for street light fixtures on 5^th Avenue NW

Commissioner Erickson reported support for acorn lights from Jeff Edwards [Streetscape Committee Chair] & Bobby Koepplin [Streetscape Committee & Beautification Committee Member]. Erickson prefers lanterns as light disperses downward. Erickson recommends lanterns be installed.

Commissioner Erickson moved to purchase lanterns, seconded by Commissioner Bishop. The motion passed unanimously.

Consider Construction Engineering Agreement with KLJ for Paving Improvement District No. 121 – 2020 Seal Coat

Chad Petersen from KLJ requested approval of the construction engineering agreement for the 2020 seal coat project which includes five areas in town. Work is scheduled to begin in mid-June. The contract is an hourly not to exceed capped at $11,500.

Commissioner Bishop moved to approve the agreement, seconded by Commissioner Magnuson. Roll call: Magnuson – aye; Erickson – nay; Powell – aye; Bishop – aye; Carlsrud – aye.

Consider Construction Engineering Agreement with KLJ for Water Main Improvement District No. 101 – 5^th Ave NW

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

Consider projects for 2021 North Dakota Water Development Plan

Chad Petersen from KLJ stated the State Water Commission requests a development plan every two years. This document has been updated with costs for 2021 water projects. Submission of the plan makes the projects a higher priority for cost-share requests through the State Water Commission. Funding needs to be available for a project to proceed. 

Commissioner Bishop moved to approve, seconded by Commissioner Magnuson.

Chad Petersen from KLJ stated the information will be presented to SWC.

The motion passed unanimously.

Approve Purchase Agreement re Auditor’s Lot 1 in the SW ¼, Section 27, Township 140, Range 58, between George Gaukler and Bridgetown Development LLP

City Attorney Martineck reported that the agreement is for the Waterfront Meadows plat. Auditor’s Lot 1 will be 8^th Avenue. The agreement states that the City will not charge any tap fees in the future. Martineck stated the City has no expenses for this portion of 8^th Avenue so there would be no expenses to recover.

Commissioner Magnuson moved to approve, seconded by Commissioner Bishop. Roll Call: Erickson – aye; Bishop – aye; Powell – abstained due to conflict of interest; Magnuson – aye; Carlsrud – aye. Motion carried.

Discuss Ordinance Creating a Mobile Vendor License

City Attorney Martineck reported the mobile vendor license is currently addressed in both Title 8 & Title 11. Based on the changes recommended, the most appropriate process is for the Planning & Zoning Commission to review the ordinance at its June meeting.

Commissioner Erickson requested coordination with state so that sales tax can be collected. Commissioner Magnuson recommended a fee be charged. Commissioner Bishop concurred.

City Updates & Commission Reports

Fire Chief Magnuson reported the VCFD continues celebrations. Magnuson reminded the public that open fires require diligence due to the dry conditions.

Police Chief Hatcher thanked the VCFD & VCPW for their work to clean up the broken road area. Lights and cameras will be installed.

Chad Petersen from KLJ stated that PFP Phase III concrete walls are being poured. 5^th Avenue NW recycled material is begin removed from the roadway; KLJ has received some dust complaints – contractor will address. Bank Forward called regarding use of parking lot to access the streets – KLJ will install signs to help minimize.

President Carlsrud thanked VCFD & VCPW for efforts on broken road.

Adjourn

Meeting adjourned at 5:43 PM.

The City Commission Meeting meet on Tuesday, May 5, 2020 at 5:00 PM CT, via Zoom. Board Members may attend from alternate locations to minimize group size and contact, as recommended by state and federal government officials due to COVID-19 and as allowed in ND Executive Order 2020-16. Members of the public may view the meeting online (https://zoom.us/j/98790731637) listen by calling (312) 626-6799 Webinar ID: 987 9073 1637.

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

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

Others present: City Auditor Richter, City Attorney Martineck.

Approval of Agenda – Addition of Consent D; N11

Approval of Minutes

Commissioner Powell moved to approve the minutes from the April 21, 23, 28, 2020 meetings; seconded by Commissioner Magnuson. Motion carried.

Approval of Consent Agenda

1. Approve Monthly Reports from the Fire Chief, Building Inspector, Auditor, Municipal Judge and Public Works Accountant.
2. Approve Monthly Bills for the City and Public Works in the Amount of $2,291,417.29
3. Approve Electrician, Plumber and/or Mechanical Contractor licenses for
   1. Kemen Plumbing & Heating, Inc
   1. Tyler’s Electric, LLC
4. Approve Raffle Permit for ND Appaloosa Horse Club

Commissioner Erickson inquired about Kemen Plumbing & Heating application. City Attorney Martineck stated the Building Inspector is recommending approval.

City Auditor Richter discussed the monthly bills which included $1.1 million for debt service, TIF payments and purchase of 6 roll-off containers for the Transfer Station.

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

Public Hearing

Public Hearing to Rezone for public use the VCSU Center for the ArtsPresident Carlsrud declared the public hearing open. There were no comments. Commissioner Magnuson moved to close the public hearing, seconded by Commissioner Bishop. Motion passed unanimously.

Approve first reading of Ordinance No. 1055, an Ordinance Rezoning West ½ of Lot 10, East 74.25’ of Lots 11 & 12, Lots 13 and 14 less the North 105’, and Lot 15 of Block 3, Andrus & Sifton’s Addition for VCSU Center for the Arts

Commissioner Bishop moved to approve Ordinance No. 1055, seconded by Commissioner Powell. The motion passed unanimously. City Attorney Martineck thanked VCSU for attending the meeting and stated the ordinance will be considered for second reading in two weeks.

Ordinance

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

City Attorney Martineck stated that Block 3 will be rezoned from mobile home use to commercial use for a storage building and workshop with no changes from the first reading. Commissioner Magnuson moved to approve second and final reading of Ordinance No. 1053, seconded by Commissioner Erickson. The motion passed unanimously.

Approve second and final reading of Ordinance No. 1054, the 2020 Infrastructure Funding Ordinance

City Attorney Martineck stated the purpose is to provide up to $150,000 for infrastructure funding for areas newly annexed to the City.

Commissioner Magnuson moved to approve the second and final reading of Ordinance No. 1054.

Commissioner Powell stated he voted no on the previous reading, as he’d like to see access to funding for developers within city limits to pay off special assessments to promote vacant lots. City Attorney Martineck stated if funding is available through Prairie Dog funding, this could be considered. Commissioner Magnuson said he would encourage in-fill development in the future.

The motion passed unanimously.

Resolution

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

City Attorney Martineck stated the plat is for a new subdivision south of I-94 and was previously presented to the Commission. Since that time, the developer agreement has been signed and an agreement with Barnes Rural Water District has been signed. Martineck stated that annexation of 8^th Avenue still needs to occur, this will provide access to the subdivision. Martineck stated that proof of insurance and cash bond will be required to move forward. Martineck recommends approval contingent upon annexation of 8^th Avenue, proof of insurance and cash bond.

Commissioner Magnuson moved to approve Resolution No. 2251 with contingencies as stated, seconded by Commissioner Bishop.

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

Approve Resolution No. 2253, a Resolution accepting Bid and Awarding Contract to Strata Corporation for UGP-2-999(051) – Streetscape Phase II

Commissioner Erickson moved to reject all bids and re-bid the project in October 2020, seconded by Commissioner Bishop.

City Auditor Richter stated that the project has been reviewed by City Staff as the results are $750,000 over the planned local cost share estimated in 2018. Richter stated more work is needed than anticipated. The R&R fund does not have funding available. Chad Petersen from KLJ stated the extra work is due to ADA requirements; encroachment issues; moving curb lines; and replacing more concrete than originally expected. Petersen will review if additional funds area available to offset the additional expense and plan to re-bid this fall for construction in 2021.

The motion passed unanimously.

Approve Resolution No. 2254, a Resolution Approving Renaissance Zone Development Plan for 2020 – 2025

Emma Tufte reported the Renaissance Zone Authority Board met and provided a do pass recommendation for the Development Plan. Tufte reviewed the process to date which has included a public hearing that was held on December 9, 2019. Property owners within the Zone were notified of the renewal process and no requests were received to change the Zone mapping. The Board considered the possibility of expanding near the University District but chose to take no action. The Zone map remains unchanged from the 2015 version of the map.

The Renaissance Zone Authority Board had received request prior to the renewal process to increase the single-family residence exemption cap to $300,000 and in this renewal process is recommending that change be made. Tufte noted that with the approval of this Resolution, the City Commission policy will be changed to reflect increased cap.

The renewal request has been presented by Chair Knutson to the Barnes County Commission and

Valley City Public School board for consideration and received support.

Commissioner Powell moved to approve Resolution No. 2254, seconded by Commissioner Erickson. The motion passed unanimously.

New Business

Approve Recommendations from Renaissance Zone Authority Board for 5 year income tax exemption and 5 year property tax exemption up to $250,000 for the following projects

1. VC-123 at 461 12 ½ Street NE
2. VC-124 at 441 12 ½ Street NE
3. VC-125 at 554 Legacy Lane

Commissioner Bishop moved to approve the Renaissance Zone projects, seconded by Commissioner Magnuson. The motion passed unanimously.

Consider Parade Application for VCHS Class of 2020 on May 13, 2020 at 6:30 PM on Central Avenue from Hanna Field to Main Street
City Attorney Martineck brought the application to the City Commission under New Business due to COVID-19. Gina Thorton was available on Zoom and provided background regarding their plans. Students will be in their own cars. Commissioner Magnuson asked Thorton to advertise the event with request for public to adhere to social distancing guidelines. Commissioner Powell moved to approve the parade, seconded by Commissioner Erickson. Roll call: Erickson – aye; Powell – aye; Magnuson – aye; Bishop – aye; Carlsrud – nay. Motion carried.

Consider Recommendation from Visitors Committee for a Food & Beverage grant in an amount not to exceed $42,079 for Kayak & Bike Kiosk Project from Sheyenne River Valley Scenic Byway

Bobby Koepplin appeared by Zoom, to reviewed the request. The project also includes money from the Bush Grant prize. A kayak kiosk will be installed at Bjornson Golf Course and a bike kiosk at Gaukler Wellness Center. Valley City Park & Rec has agreed to operate and maintain the kiosks for 5 years.
Commissioner Erickson moved to approve the grant request, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Agreement between City and Bridgetown Builders Inc. for development of Waterfront Meadows Subdivision
City Attorney Martineck reported plat has been approved, infrastructure funding ordinance approved, this agreement now sets forth the requirements for infrastructure development to and within the development. Martineck stated requirements for … Martineck recommends approval. Donny Eberle clarified the agreement is with Bridgetown Develop, LLP.

Commissioner Magnuson moved to approve, seconded by Commissioner Bishop. Roll call: Bishop – aye; Magnuson – aye; Erickson – aye; Powell – abstain; Carlsrud – aye. Motion carried.

Consider Engineering Agreement with KLJ for Water, Sewer and Roadway Extension to Waterfront Meadows in an amount not to exceed $20,500.

Chad Petersen from KLJ stated that this for engineering work to extend water, sewer and roadway to Waterfront Meadows. This is an hourly not to exceed contract for design and construction engineering work. Commissioner Erickson asked for clarification regarding this expense. Chad Petersen from KLJ clarified that this is included in the $150,000 set aside for the project.

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

Consider Amendment to Agreement for Permanent Flood Protection Phase IV – Preliminary Engineering for CLOMR

Chad Petersen from KLJ stated the State Water Commission has approved reallocation of funding to provide for CLOMR with a cost share of 85% SWC; 15% local cost share. The contract is hourly not to exceed.

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

Consider bid for cable in conduit from Resco in the amount of $11,070 for 5^th Avenue NW lighting project

President Carlsrud presented the request to purchase on behalf of Marshall Senf. Commissioner Bishop moved to approve the purchase, seconded by Commissioner Magnuson. The motion passed unanimously.

Consider ending 2020 Spring Flood declaration

City Auditor Richter reported that on March 3, the City made the 2020 spring flood declaration. City Auditor Richter stated there was $35,000 in expenses from VCPW for pump usage and some overtime; with minimal engineering. Differding does not anticipate additional expenses as pumps have been pulled. Commissioner Powell moved to end the 2020 Spring flood declaration, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Annual Gaming Site Authorization for Thundering Saints, Inc. at Boomer’s Corner Keg for July 1, 2020 to June 30, 2021

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

Consider waiving alcoholic beverage licenses fees for six months for businesses closed by the Governor’s order

Commissioner Magnuson stated the Commission has been approached by licensees to consider waiving licensing fees. Magnuson recommended waiving the first six months of the license fees [July 1, 2020 – December 31, 2020] and then re-evaluate.

Commissioner Bishop moved to approve waiving alcoholic beverage licensing fees forsix months for businesses closed by governor’s order, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve employment contract with City Administrator appointee Gwendolyn Crawford
President Carlsrud stated a contract has been offered for the City Administrator position to Gwendolyn Crawford. Commissioner Bishop expressed concern regarding the starting salary as $80,000 discussed but the contract reads $82,000. Candidate requested one more year step increase which raised it by $2,000.

Commissioner Powell moved to approve as stated; seconded by Commissioner Magnuson.

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

City Updates & Commission Reports

Commissioner Powell thanked Gina Thorton for organizing the parade for high school seniors and encouraged the public to use common sense.

City Attorney Martineck expects conversation about the [COVID-19] employee policy that employees are under that are tighter than state requirements.

City Auditor Richter stated city hall is working towards a smart restart including installation of Plexiglas.

Chad Petersen from KLJ reported work continues for Phase IIA & III Permanent Flood Protection. 5^th Avenue NW project will begin May 11. KLJ is working with VCPW to adjust garbage pickup and communicate with property owners this week.

Commissioner Bishop thanked city employees.

Commissioner Magnuson acknowledged VCPD & VCFD for efforts. Enjoyed the banners on city streets for the 2020 seniors.

President Carlsrud stated that things are more open, but requires continued discipline for wise decisions. Thanked Kristi Brandt and VCPW Electrical Department for efforts in putting banners up around town. Thanked employees.

President Carlsrud welcomed Gwen as new City Administrator.

Adjourn  at 6:00 PM.