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

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

Others City Administrator Crawford, City Attorney Martineck, Finance Director Richter, Administrative Assistant Johnson

Pledge of Allegiance

Approval of Agenda

Remove N6

Approval of Minutes

Commissioner Bishop moved to approve the minutes from June 22nd Meeting, seconded by Commissioner Magnuson.  Motion passed unanimously.

Approval of Consent Agenda

Approve Monthly Reports from the Fire Chief, Electrical Superintendent, Building Inspector Finance Director and Municipal Judge.

Approve Application for Tobacco License Renewal for the following:

Dakota Silver, LLC

Brothers III Sports

Casey’s Retail Company

FOE Aerie 2192

Approve Application for the Alcohol Beverage License Renewal for the Following:

Dakota Silver

My Bar

The Clubhouse Lounge, LLC

Main Street Off Sale, LLC

Jimmy’s Pizza

Hi Line Hospitality, LLC

FOE Aerie 2192

Approve Application for Raffle Permits for the Following:

El Zagal Valley Flag Corps on August 27, 2022 at the Eagles.

CHI Mercy Health Foundation on October 25^th, 2022 at the Eagles.

Valley City Parks and Recreation on August 6, 2022 at Chautauqua Park.

VCSU Foundation/Booster Board on June 10, 2022 at the VC Town and Country Club.

VCSU Foundation/Booster Board on November 5, 2022 at VCSU’s Lokken Stadium.

Approve Application to Block off the Street for the following:

Central Ave from Main Street to 5^th St N and Main Street from Central to 2^nd Ave E on June 18^th for the Rally in the Valley Events and Car Show.

Main St from Central Ave to 2^nd Ave E on June 18^th for the Street Dance from Brockopp Brewing.

Section of 9^th Ave SW for Cal Ripken and Little League Ball from Valley City Baseball Association.

Central Ave N from Wells Fargo to Valley Service including alleyways by Vault & NuCara on July 14, July 21 and September 8 from 1 pm to 10 pm for Summer Nights on Central & Summer Vikes on Central.

Approve Application for Parade for the following

VC Chamber of Commerce on Central Ave from 12^th St N to 4^th St S on June 18^th at 10 am for Rally in the Valley.

VC Barnes County Development Corp on Central Ave from Walking Bridge to 2^nd St N on September 8^th from 6-6:30 pm for Summer Vikes on Central.

Approve Special Alcohol Beverage Event Application for the following:

Brockopp Brewing, LLC on June 18^th, 2022 from 7pm-12am for the Rally in the Valley Street Dance.

Captain’s Pub on June 18^th, 2022 from 7pm-12am for the Rally in the Valley Street Dance.

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

Resolution

Approve Resolution 2364, a Resolution Approving Sale of GE Transformer No. F-961679. 

Commissioner Bishop moved to approve, seconded by Commissioner Gulmon.  Motion passed unanimously.

New Business

Approve Monthly Bills for the City and Public Works in the Amount of $1,574,550.

Commissioner Gulmon moved to approve, seconded by Commissioner Magnuson.  Motion passed unanimously.

Approve Site Authorization Renewals for the Thundering Saints at Boomers Corner Keg and Bridges Bar and Grill from July 1, 2022-June 30, 2023. 

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

Approve New Site Authorization Requests from Valley City Baseball Association from June 1, 2022-June 30, 2022 at Brockopp Brewing and from July 1, 2022-June 30, 2023 at Brockopp Brewing and City Lights Supper Club. 

Commissioner Gulmon moved to approve, seconded by Commissioner Bishop.  Motion passed unanimously.

Consider Rescheduling the June 21^st Commission Meeting and July 7^th Finance and Commission Meetings. 

Due to conflicts and the holiday, it was requested to move the June 21^st meeting to June 22^nd and the July 5^th Finance and Commission Meetings to the 7^th.

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

Approve Recommendation from the Renaissance Zone Authority Board to Approve the Application from Richard and Pat North for a 5-year State Income Tax Exemption and a 5-year Property Tax Exemption Capped at $300,000 Valuation on a new Cold Storage Building and designate it as VC-134.

Finance Director Richter stated the RZ Authority Board met on May 26 and made a motion and approved unanimously that this project move forward for your approval.
Commissioner Erickson moved to approve, seconded by Commissioner Magnuson.  Motion passed unanimously.

Hear and Determine Sufficiency of Written Protests against Proposed Annexation Set forth in Resolution 2360.

City Attorney Martineck stated Resolution 2360 was already approved and we did not receive any protests.  At this point we are waiting for written consent from the DOT and will record the annexation.  

Approve Nextera Extension on Water and Sewer Main in the Amount of $102,408.50.  

Commissioner Bishop moved to approve the amount of $102,408.50 with the City’s portion being a maximum of $25,486.59, seconded by Commissioner Magnuson.  Motion passed unanimously.

Approve Valley Plains Sewer/Water -National Guard Temporary Right of Entry Agreement.

City Administrator Crawford stated this is allowing entry in the Nation Guard area to do some set up for construction.

City Attorney Martineck added as part of the project they will be removing a 50 ft. section of the fence and putting up a temporary fence daily.  Once the project is complete, they will replace the section.

Commissioner Magnuson moved to approve, seconded by Commissioner Gulmon.  Motion passed unanimously.

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

Commissioner Gulmon moved to approve, seconded by Commissioner Magnuson.

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

Motion carried.

 

City Administrator’s Report

City Administrator Crawford provided updates on several of the construction projects and capital improvement projects in process for 2022.

City Updates & Commission Reports

City Assessor Hansen provided an update on the county equalization meeting.  There were no protests but were a couple of corrections.

Commissioner Gulmon reported on the finances for April.

Commissioner Erickson reported that this week is clean up week.  If you have questions please call the landfill.

President Carlsrud stated when there is an emergency situation, we have to jump through a lot of hoops so we can have opportunity for cost sharing.  We will be cleaning up as soon as we can.  For clean up week, please sort your materials. You can also bring your items to the transfer station this week at no change if you are a citizen of Valley City.

If you are campaigning for office you can have yard signs but they cannot be on boulevards.

Thanks to all our employees and citizens of Valley City for what you do to make our city better and thank you to the commissioners for serving.

Adjourn

Meeting was adjourned at 5:34 P.M.

President Carlsrud called the meeting to order at 2:30 PM.

Members present: President Carlsrud, Commissioner Magnuson, Commissioner Bishop, Commissioner Erickson (2:34) and Commissioner Gulmon

Others present: City Administrator Crawford, City Attorney Martineck, Finance Director Richter, Administrative Assistant Johnson

Discuss Buyout of Pumps that were rented for the 2022 Flood Fight.

Finance Director Richter stated they will apply the rental towards the purchase price. Clint’s recommendation was to purchase them.  These have already been purchased because each day we kept them it was an additional rental cost so this is more informative.

Commissioner Bishop motioned to pay for the pumps, seconded by Commissioner Magnuson.  Motion passed unanimously.

Approve Purchase of Skid Steer.

Operations Superintendent Klemisch stated we received bids back with John Deere being the lowest bid which included the trade-in value. The only issue there is that they have a November deliver timeframe leaving us all summer without.  Bobcat has a shorter delivery time along with a rental we can use until we receive it and would also take some of the rental cost off the overall price. We also have a bobcat so some of the attachments would work.

Request was made for Klemisch to check with John Deere about a rental and Valley Plains on purchase.

Consider Options on Disposal of Clay (How and Where).

City Administrator Crawford stated some individuals were looking for clay.  We have the Parks and Rec approved through the SHPO so they can add some clay in Pioneer Park. We can give to Strata or we can offer it to any of the residents to use for fill. We would need to get the information to the public and make a minimum requirement for the amount they take. If it goes to a private place, we do not need to get extra certification but if there is somewhere else that is government owned it has to be.  Strata is already a certified disposal site.

Commissioner Bishop motioned to have the clay disposed of at the Parks and Rec site and the contractor’s certified disposal site, seconded by Commissioner Magnuson.  Motion passed unanimously.  

Discuss Putting Out for Bid Options.

Levee Removal with or without Restoration.

City Administrator Crawford stated a contractor had mentioned maybe we could bid out the removal and restoration separately.

Decision was made to bid them together.

Assign Contracting Officer.

City Administrator Crawford stated in 2011 it looked like KLJ helped Jon Cameron get the information together.  This time since we have an actual city engineer should they be the assigned officer?

Commissioner Gulmon motioned to enter into an agreement with the city engineer, seconded by Commissioner Magnuson.  Motion passed unanimously.

Discuss Additional Flood Recovery.

City Administrator Crawford said the state has not turned in the request for a federal disaster yet. The reason for this is the higher the disaster the more likely you are to get money at the percentage you are hoping. They are putting all the emergencies together so the snow that caused the electric problems and the flooding issues. We can continue to move forward but we need to make sure we are taking pictures and documenting everything as we are doing them.

Adjourn

Meeting was adjourned at 3:28 PM.

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

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

Others City Administrator Crawford, City Attorney Martineck, Finance Director Richter, Administrative Assistant Johnson

Pledge of Allegiance

Peggy Lee 102 Day PRoclamation

Approval of Agenda

No changes.

Approval of Minutes

Commissioner Gulmon moved to approve the minutes from May 3^rd Finance and Commission Meetings and the May 10^th Special Commission Meetings, seconded by Commissioner Magnuson.  Motion passed unanimously.

Approval of Consent Agenda

Approve Application for Electrician Plumber and/or Mechanical Contractor Renewal for the following:

• Keith’s Air Conditioning, Refrigeration & Heating, Inc.
• Energize Electric LLC

Approve Application for Tobacco License Renewal for the following:

• Petro Serve USA #071
• Love’s Travel Stop #849
• CHS Inc.-151 9^th Ave NW
• CHS Inc.-807 Main St.
• Family Dollar, Inc.
• Leevers Foods
• The Liquor Locker

Approve Application for Alcohol Beverage License Renewal for the following:

• The Liquor Locker
• Sabir’s Dining & Lounge

Approve Application to Block off 6^th Ave SW from 4^th St. SW to Viking Drive for the Let’s Walk Valley City Event being held on Monday, July 18^th, 2022 from 5 p.m. to 8 p.m.

Approve Special Alcohol Event Application for The Labor Club on June 17^th and 18^th from 6 p.m. to 1 a.m. for the Rally in the Valley.

Approve Application for Raffle Permit for the following:

• Hi Liner Booster Club from July 1, 2022-June 30, 2023 at Hanna Field and the Hi Liner Activity Center.
• Litchville High School 7-Class Reunion in July 16^th, 2022 at the Valley City Eagles Club.

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

Ordinance

Approve Second and Final Reading of Ordinance 1103, an Ordinance to Amend and Reenact Chapter 15-06 of the Valley City Municipal Code related to Excavating and Cutting Streets and Right of Way.

City Attorney Martineck stated there were no changes from the first reading.

Commissioner Magnuson moved to approve, seconded by Commissioner Gulmon.  Motion passed unanimously.

New Business

Motion to hold Executive Session for Attorney Consultation to Consider Appeal of Order Granting Plaintiff’s Motion for Summary Judgment in Favor of Associated General Contractors of North Dakota (re City’s GSA contracting ordinance) as Authorized by NDCC Section 44-04-19.1(2), Attorney Consultation.

Commissioner Magnuson moved to approve, seconded by Commissioner Gulmon.  Motion passed unanimously.

The executive session began at 5:07 pm and was attended by President Carlsrud, Commissioner Erickson, Commissioner Gulmon, Commissioner Magnuson, City Administrator Crawford via Zoom, City Attorney Martineck, Finance Director Richter

The meeting resumed at 5:17 pm.  The media and the members of the public have been invited to return and we are now back in open session.

Consider Appeal of Order Granting Plaintiff’s Motion for Summary of Judgment in Favor of Associated General Contractors of North Dakota (re City’s GSA contracting Ordinance).

Commissioner Gulmon made a Motion to Forgo the Appeal of the Order Granting Plaintiff’s Motion for Summary of Judgment in Favor of Associated General Contractors of North Dakota, seconded by Commissioner Magnuson.  Motion passed unanimously.

Approve Transfer Request for Liquor and or Beer License and Application for Alcoholic Beverage License from Kerry Anderson (current owner of The Labor Club) to Donald and Bonnie Larson (new owners of The Labor Club) effective July 1^st, 2022.

Commissioner Gulmon moved to approve, seconded by Commissioner Magnuson.  Motion passed unanimously.

Consider request from Valley City-Barnes County Development Corporation for $30,000 to assist with the hill slide issue impacting Malach USA.

Jennifer Feist stated this request is to help with the hillside issue at Malach.  The company’s plan is to install some drainpipe that will take the water from the building to the east where it will find the natural drainage down the hill.

Commissioner Gulmon moved to approve, seconded by Commissioner Erickson.  Motion passed unanimously.

Approve Draft of Ordinance 1102 to be Published prior to June 14, 2022 Advisory Vote: Extension of Sales, Use and Gross Receipts Taxes Dedicated to City Infrastructure Renewal and Replacement Projects.

City Attorney Martineck stated when ordinances were previously extended it was procedure to follow state law.  Currently there is an exemption on farm machinery so we need direction whether to leave the exemption or to follow state law.  Right now, it is about 50/50 for cities that have the exemption.  The maximum tax that can be assessed on any single transaction is $62.50.  If we leave it as is we just need a motion to approve existing language with extended dates.

Commissioner Gulmon moved to approve, seconded by Commissioner Erickson.  Motion passed unanimously.

Approve Draft of Ordinance 1104 to be Published prior to June 14, 2022 Advisory Vote: Extension of Sales, Use and Gross Receipts Taxes Dedicated to Economic Development, Basic Industry, Job Development, Tax Relief Infrastructure, Other Special Request, Service and Retail Business Development.

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

Approve Site Authorization Renewals for the Valley City Hockey and Figure Skating Club at Valley City Town and Country Club and the Youth Sports Complex.

Commissioner Erickson moved to approve, seconded by Commissioner Gulmon.  Motion passed unanimously.

Request Cost Share from ND DWR to buy out 636 E Main Street for Assessed Value + 10% for a total of $86,130.

City Administrator Crawford stated some people requested buyouts after this flood.  This one is one that will be bought out in a future phase so the question is, do we buy it out now before the prices go up.

Commissioner Magnuson moved to approve, seconded by Commissioner Gulmon.  Motion passed unanimously.

Request Cost Share from ND DWR to buy out 469 8^th Ave NE for Assessed Value + 10% for a total of $41,140.

Commissioner Gulmon moved to approve, seconded by Commissioner Magnuson.  Motion passed unanimously.

Approve Construction Engineering Task Order for 12th St N Mill and Overlay and 8^th Ave SW/Winter Show Rd turn lanes (Paving Imp. Dist. No. 124 – NDDOT Project No. SU-CVD-2-990(061), PCN 23233).

Chad Petersen stated Border States is tentatively started to start early to mid-June due to the weather.

Commissioner Gulmon moved to approve, seconded by Commissioner Magnuson.

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

Motion carried.

Consider Flood Wall Panel Rack Bid.

City Administrator Crawford stated we had two bids, one from Enterprise at $500/piece and the other was for $610 from Malach.  Recommending we approve the bid from Enterprise. 

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

Approve the City’s Selection to Purchase the Low Bid for Digger Truck in the Amount of $304,625. 

Commissioner Gulmon moved to approve the low bid from Altec, seconded by Commissioner Erickson.  Motion passed unanimously.

City Administrator’s Report

City Administrator Crawford reported that public works is working on the trash rack on 5^th Ave SW. The real test will be the next time we get a big rain in one shot.  We have had a few water main breaks in Crestwood where the land is sliding.  We are seeing what we can do, it’s getting to the point of not being able to sustain it with where it’s at.

City Updates & Commission Reports

Finance Director Richter stated that Gary Jacobson is working with the state on getting our flood expenditures submitted.

City Assessor in Training Current reported they have started their yearly residential inspections.  Letters are being sent out every couple of weeks to have them contact our office to schedule a time for the inspection. Due to the flooding we have decided to start in the SW part of town and are hoping to get to about 300 properties by the end of October.

Chad Petersen, KLJ, updated on 6^th St NW reconstruction. Tentative completion date is end of July beginning of August.

Commissioner Gulmon stated that we have been challenged with water issues.  We are getting through it but thank you to all our employees for all that they have done.

President Carlsrud thank you to our employees, we appreciate your efforts.  Sanitary sewer normally pumps 700,000 and some of these days we’ve been up to 2.5 million gallons.  This is hard on our pumps.  Please run your pumps outside, conserve water and utilize the water between the high peak times.

Adjourn

Meeting was adjourned at 5:57 P.M.

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

Members present: President Carlsrud, Commissioner Magnuson and Commission Gulmon

Others present: City Administrator Crawford, City Attorney Martineck, Finance Director Richter, Administrative Assistant Johnson

N1.  Approve Recommendation from Renaissance Zone Authority Board to approve the application from Steve and Robin Winter for a 5-year state income tax exemption and a 5-year property tax exemption capped at $300,000 valuation on a new single-family residential home, contingent on receiving their Certificate of Good Standing and designate it as VC-133.

Commissioner Gulmon moved to approve, seconded by Commissioner Magnuson.  Motion passed unanimously.

Adjourn

Meeting was adjourned at 12:02 PM.

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

Members present: President Carlsrud, Commissioner Magnuson, Commissioner Bishop, Commissioner Erickson

Others City Administrator Crawford, City Attorney Martineck, Finance Director Richter, Administrative Assistant Johnson

Pledge of Allegiance

Arbor Day PRoclamation

Approval of Agenda

No changes.

Approval of Minutes

Commissioner Bishop moved to approve the minutes from April 19^th Commission and the April 24, 2022-May 1, 2022 Daily Flood Meetings.

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

Approval of Consent Agenda

Approve Monthly Reports from the Fire Chief, Electrical Superintendent, Building Inspector Finance Director and Municipal Judge.

Approve Application for Electrician, Plumber and/or Mechanical Contractor Renewal for:

Dakota Electric Construction Co., Inc.

Bentson Electric

On Demand Plumbing

Commissioner Gulmon moved to approve, seconded by Commissioner Erickson.  Motion passed unanimously.

Ordinance

Approve Ordinance 1103, an Ordinance to Amend and Reenact Chapter 15-06 of the Valley City Municipal Code related to Excavating and Cutting Streets and Rights of Way.

City Attorney Martineck stated we have had inquiries from utility companies wanting to come in and do work in the right of way.  There are some gaps in our ordinances where we could od better to protect the City when these companies are doing the work. City permit and application fee will continue to be required.  One of the new changes is that a bond will be required of at least $25,000.  Site plan will need to be required and need to be approved by either the operations superintendent or the city engineer. Contractors will need to be licensed and insured and after the project is complete there will be a period of time where the contractor is required to maintain the area where the work was performed.

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

New Business

Approve Monthly Bills for the City and Public Works in the Amount of $2,138,122.57.

Finance Director added that April is the month when we have our semi-annual debt service payments which is over $1 million

Commissioner Gulmon moved to approve, seconded by Commissioner Magnuson.  Motion passed unanimously.

Approve Application for Property Tax Exemption for Improvements to 230 Central Ave South.

Tina Current, Assessor in Training, reported the assessed value is currently at $661,300 and looking at putting at least $300,000 into it which meets the requirements.

Commissioner Gulmon moved to approve, seconded by Commissioner Bishop.  Motion passed unanimously.

Consider Visitor’s Committee Recommendation to Approve $750,000 from the Valley City Tourism development Grant fund as part of the University Capital Building Construction Campaign Releasing a minimum of $75,000 per year.

Commissioner Gulmon acknowledged his conflict of interest due to being on the Capital Campaign Committee and will abstain from any comments or voting.

Mary Lee Nielson added that the Visitor’s Committee recommended a due pass and this would not start until after the Wellness Center is paid.

Commissioner Bishop moved to approve, seconded by Commissioner Magnuson.  Motion passed unanimously with Commissioner Gulmon abstaining.

Approve Visitor’s Committee Recommendation for Tina Olson to serve as the Chamber of Commerce Representative replacing Ken Reid upon his term expiration effective July 1^st.

Commissioner Magnuson moved to approve, seconded by Commissioner Gulmon.  Motion passed unanimously.  

City Administrator’s Report

City Administrator Crawford provided an update on an average during a 24-hour period there are approximately 700,000 gallons of water that run through the master lift station.  The other day they recorded about 2.5 million gallons in a 19-hour period which is why we were asking to conserve water. The USACOE will hold the current outflow from the dam. The current pool elevation is 1,267.06 and on the rise.  The current discharge is 3,090. They will continue to monitor and reevaluate as needed with precipitation in the forecast.  Floodwalls will come down at Viking Drive Bridge tomorrow but will remain at that location until they can get them to storage in an orderly fashion.  The first walls up are the last to come down. Clay dikes take some time due to getting bids for removal, getting disposal sites approved, etc.  We will move them to the side to open the streets up but the clay may sit on the side for a while. Flood buyouts are assessed value plus 10%. The flood emergency book is being updated as we go to make sure we are as prepared as possible in the future.

City Updates & Commission Reports

City Attorney Martineck reported the flood hotline is now closed so any calls can come to Public Works now.  The Public Works doors are also open to the public again.

Commissioner Gulmon stated the finance committee did not meet due to the flood issues taking place.  March revenues are outpacing our expenses, cash reserves are strong.  June 14^th voting takes place and absentee ballots are being mailed out and went on to explain the tax extensions on the ballot and what they are for and how they benefit the community.

Commissioner Erickson stated the Landfill will start being open on Saturdays from 8am-noon.  Thanks to the city crews for the awesome job.

Commissioner Bishop thanked the VCFD for the work they did getting the flood walls up and walking the dikes and to the citizens who volunteered to come out. There are a lot of people that went out and did a lot of work that you didn’t see happening.  Thank you to all of you that did that.  You can be rest assured that we have a top-notch volunteer fire department.

Commissioner Magnuson added not only do we have a top-notch fire department but we have a top-notch everything! Everyone here is pretty new to floods except for a few but you can rest assured that all the departments went above and beyond. It went so smooth, public works crews were amazing.  The PFP that was voted for and put up made a huge difference in the amount of people needed, sandbags needed, the materials, the volunteers needed.  If you would have been here one day and saw these people working for you, it was amazing.

Chad Petersen reported that 6^th St. construction has started.  They anticipate doing the watermain tie in next week. Later this month we anticipate the work on 12^th St. N and 8^th Ave. to get started.  There isn’t a firm date yet but will start with the turn lane improvements for Petro at 8^th Ave. and Wintershow Rd. Main Street traffic signals are being followed up that everything is still working properly.  They did notice that it seemed like north/south traffic it seemed like a long wait so they found in the programming the supplier set the delay so it would stay up longer so they reset that.

Larry Robinson gave kudos on the flood efforts, it was a tremendous effort.  On behalf of VCSU, thank you to the Visitor’s Committee and to all of you.

President Carlsrud thanked everyone that was involved in the flood efforts.  An entity that wasn’t mentioned was the Core, I have a whole new appreciation for those people.  They are concerned about the water that comes here and all the downstream people.  It’s a big effort to manage and balance all of that stuff and they did a great job for us so thank you to the Core and again to all of you that did anything to help with this flood fight, it went remarkably well.

City Administrator Crawford added that this was the 5^th highest flood in the history of Valley City so it was significant.  

Adjourn

Meeting was adjourned at 5:33 P.M.