Valley City Commission Proceedings
Tuesday, November 6, 2018
5:00 PM, City Hall

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

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

Others Present: City Administrator Schelkoph, Deputy Auditor Klein, City Attorney Schoenack, City Assessor Hansen, Public Works Accountant Jacobson, Building/Fire Inspector Andersen, Fire Chief Retterath, Police Chief Hatcher, Chad Petersen from KLJ.

President Carlsrud recognized Deputy Auditor Klein for completing the NDLC Auditor’s Certification Program.

Approval of Agenda – Add Consent E, Remove R3 & R4

Approval of Minutes

Commissioner Bishop moved to approve the minutes from October 16, 18 and 22, 2018 meetings, seconded by Commissioner Erickson. The motion passed unanimously.

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 $2,596,672.11
3. Approve Block off the Street Request for Valley City Chamber of Commerce on November 29, 2018 after Parade of Lights Event on Central Avenue
4. Approve Raffle Permit for American Fisheries Society – Student Subunit, ND Hereford Association
5. Approve Raffle Permit for Art Club Valley City High School

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

Public Comments

Lloyd Nelson inquired about the people’s ability to vote on Streetscape project and requested change to the Public Comment procedure.

Gary Schlagel disagreed with Commissioner Bishop – that Streetscape is not an infrastructure project. Schlagel made an announcement about upcoming Veteran’s Day events and programs.

Ordinance

Approve second and final reading of Ordinance No. 1041, an Ordinance Repealing Title 15.1 and Reenacting Title 10, Stormwater Management

City Attorney Schoenack stated this is part of the recodification project with clerical changes with one substantive change in the seconded reading that the written report should confirm with best practices instead of a Manual.

Commissioner Bishop moved to approve Ordinance No. 1041, seconded by Commissioner Magnuson. The motion passed unanimously.

Resolution

Approve Resolution No. 2160, a Resolution Amending the Master Fee Schedule to add fee for Class G, Microbrewry

City Attorney Schoenack stated Resolution No. 2160 will add fee for Class G, Microbrewry at $500 annual fee.

Commissioner Powell moved to approve Resolution No. 2160, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Resolution No. 2161, a Resolution Awarding Bids for Paving Improvement District No. 116 Central Avenue, Project UGP-SU-2-990(057)

Chad Petersen from KLJ reported bid opening conducted on October 19, 2018 by NDDOT. Project was originally bid in May 2018 at $400,000 to $500,000 over engineer’s estimate. The second bid opening had three bidders with low bid by Strata Corporation at $2,195,878.43. The project is over $260,000 engineer’s estimate. Petersen reported an increase in federal share by $210,000 with local share increase of $50,000.

Commissioner Erickson stated he would like to find a way to get it cheaper yet. President Carlsrud reported VCBC Development Corporation will reduce the local share by $35,000 & Visitors Committee will reduce the local share by $29,250.

Commissioner Magnuson asked that projects going forward have all costs presented to the Commission at the beginning of the project.

Commissioner Powell moved to approve, seconded by Commissioner Magnuson.

President Carlsrud spoke about the need to compete and provide community young people want to work in.

Lloyd Nelson asked about funding sources and recommended the Commission table the vote.

Gary Schlagel inquired about funding sources from Development Corporation & Visitors Committee. Schlagel spoke against continuing with Streetscape as presented.

George Dutton, business owner, spoke in favor of upgrading downtown.

Chad Couture, business owner, spoke in favor of project.

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

Removed: Approve Resolution No. 2162, a resolution approving preliminary engineer’s report & directing preparation of detailed plans, specifications & estimates of probable cost for Paving Improvement District No. 118 (5^th Avenue NW)

Removed: Approve Resolution No. 2163, a resolution declaring necessity of improvements in Paving Improvement District No. 118 (5^th Avenue NW)

Approve Resolution No. 2164, a resolution creating Paving Improvement District No. 119 (7^th Avenue NW & 4^th Street NW)

Chad Petersen from KLJ spoke regarding Paving Improvement District No. 119 which is part of the NW Storm Sewer Phase I project with construction scheduled for 2019.

Commissioner Bishop moved to approve Resolution No. 2164, seconded by Commissioner Magnuson. The motion passed unanimously.

New Business

Approve appointment of Scott Magnuson as Fire Chief of Valley City Fire Department effective January 1, 2019

City Administrator Schelkoph reported nine applicants applied for the Fire Chief position. The Search Committee recommendation to the City Commission is to appoint Scott Magnuson as Fire Chief.

Commissioner Powell received positive feedback from citizens. Commissioner Erickson has received mixed feedback. Commissioner Bishop – goals to be met within probationary period.

Commissioner Bishop moved to approve Scott Magnuson as Fire Chief effective January 1, 2019, seconded by Commissioner Powell.

Commissioner Magnuson recused himself from the vote.

Lloyd Nelson spoke in favor of Scott Magnuson as Fire Chief.

The motion passed unanimously.

Approve Valley City-Barnes County Development Corporation request of up to $35,000 to assist with implementation of Streetscape project from City Sales Tax Funds

Jennifer Feist spoke regarding the request of up to $35,000 from City Sales Tax Funds dedicated to economic development to assist with implementation of Streetscape project.

Commissioner Magnuson moved to approve the Valley City-Barnes County Development Corporation request as presented, seconded by Commissioner Bishop.

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

Approve Valley City-Barnes County Development Corporation request of $150,000 for the Regional Technology Center from the City Sales Tax Fund

Jennifer Feist requested $150,000 for the Regional Technology Fund with funds from City Sales Tax Fund dedicated to economic development. Funds would be used for equipment upgrades, carpet replacement, payment of 2018 property taxes and indirect investments made to locate companies in the Regional Technology Center.

Commissioner Powell moved to approve the Valley City-Barnes County Development Corporation request as presented, seconded by Commissioner Bishop. The motion passed unanimously.

Approve annual NDDOT Maintenance Certification for Urban Federal Aid Projects

Chad Petersen from KLJ stated the annual NDDOT maintenance certification is required for NDDOT & federal funding projects. The City agrees to maintain and follow design standards of the Urban Federal Aid Projects.

Commissioner Magnuson moved to approve the annual NDDOT Maintenance Certification, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Amendment to Owner-Engineer Agreement to include Final Design of PFP Phase 2A – Bettin Pump Station and Floodwalls in an amount not to exceed $20,000

Chad Petersen from KLJ stated the original Phase II Permanent Flood Protection construction design extended past Bettin location; however due to Phase II estimated costs, this section was not completed. To finalize this design, KLJ is requesting $20,000. The project is scheduled to be bid in 2019.

City Administrator Schelkoph clarified that Phase II construction was estimated to cost $14 million and bids were received at $12 million. Original Phase II plans had an additional 150’ of floodwall; however, to get to the $14 million estimate, this was removed from the plan. Since bids came in low, there is money available from State Water Commission to finish Phase IIA.

Commissioner Magnuson moved to approve the amendment to the Owner-Engineer Agreement to include Final Design of PFP Phase 2A, seconded by Commissioner Powell. The motion passed unanimously.

Consider approving Preliminary Engineering Agreement for Two Permanent Flood Protection Erosion Sites (Riverview Drive & Woodland Park) with KLJ in amount of $45,500
Chad Petersen from KLJ stated these two locations are a lower priority for Permanent Flood Protection but there is money available to address current erosion at the sites through State Water Commission at a 85/15 cost share. Petersen stated construction will begin in 2019.

Commissioner Magnuson moved to approve the Preliminary Engineering Agreement for Two Permanent Flood Protection Erosion Sites, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Change Order Request for Sanitary Sewer Improvement District No. 62 (NE Quarter & Central Avenue) in the amount of $56,237

Chad Petersen from KLJ stated that three additional point repairs were made for Sanitary Sewer 62 with costs including pavement removal and repair. With the change order, the total cost for the project is still under budget.

Commissioner Bishop moved to approve the Change Order Request for Sanitary Sewer Improvement District No. 62, seconded by Commissioner Erickson. The motion passed unanimously.

City Administrator’s Report

City Administrator Schelkoph reported the 2019 Public Works Budget has been drafted. The budget will be presented at the December finance meeting and the December 18 Commission meeting.

RFP Interviews for Streetscape II will be conducted by NDDOT on November 20.

Winter hours have begun at the City Landfill.

Commissioner Magnuson asked that snow be pushed closer to river by 4^th Street SE & 4^th Avenue SE.

City Updates & Commission Reports

City Attorney Schoenack stated recodification is wrapping up.

Fire Chief Retterath invited the public to attend the Fireman’s Dance on November 23.

Police Chief Hatcher recognized veterans for their service.

Chad Petersen from KLJ stated Permanent Flood Protection Phase II contractor will put temporary asphalt down on Main Street, which should open on Friday or Monday. Next spring, the contractor will need to close Main Street pour concrete pavement. Streetscape will start right after Rally in the Valley.  Powerhouse demolition quote has been received. The change order will be presented at the November 20 meeting.

Commissioner Erickson thanked the Fire Chief Search Committee for work.

Commissioner Powell thanked people for providing input regarding Streetscape.

Commissioner Magnuson welcomed Scott Magnuson as new Fire Chief.

President Carlsrud thanked city employees for their work outside, veterans and Fire Chief search committee.

Adjourn

Meeting adjourned at 6:29 PM.

Dave Carlsrud, President of the
City of Valley City Commission

Attested to by:
Brenda Klein, Deputy Auditor
City of Valley City

 

Valley City Special Commission Proceedings
Monday, October 22, 2018
12:00 PM Meeting, City Hall

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

Members present: Commissioner Magnuson, Commissioner Bishop.

Members absent: Commissioner Powell, Commissioner Erickson.

Others Present: City Administrator Schelkoph, Deputy Auditor Klein, City Attorney Schoenack.

Roll Call

Pledge of Allegiance (please stand)

New Business

Consider Raffle Permit for Relay for Life

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

Adjourn

Meeting adjourned at 12:02 PM.

Dave Carlsrud, President of the
City of Valley City Commission

Attested to by:
Brenda Klein, Deputy Auditor
City of Valley City

Valley City Special Commission Proceedings
Thursday, October 18, 2018
7:00 AM Meeting, City Hall

President Carlsrud called the meeting to order at 7:00 AM.

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

Others Present: City Administrator Schelkoph, Finance Director Richter, City Attorney Schoenack, Police Chief Hatcher, and Chad Petersen from KLJ.

Roll Call

Pledge of Allegiance (please stand)

New Business

Consider recommendation from Renaissance Zone Authority Board to approve a 5 year income tax exemption and 5 year property tax exemption up to $250,000 for new construction at 462 13^th St NE by Legacy Developments LLC and designate it as VC-112

Jim Knutson, Chair of the Renaissance Zone Authority Board stated this request was approved by the Renaissance Zone Authority Board on October 17, 2018. Commissioner Powell moved to approve the recommendation from the Renaissance Zone Authority Board for 462 13^th St NE for a 5 year income tax exemption and 5 year property tax exemption up to $250,000 for new construction and designate it as VC-112, seconded by Commissioner Bishop. The motion passed unanimously.

Consider recommendation from Renaissance Zone Authority Board to approve a 5 year income tax exemption and 5 year property tax exemption up to $250,000 for new construction at 442 13^th St NE by Legacy Developments LLC and designate it as VC-113

Jim Knutson, Chair of the Renaissance Zone Authority Board stated this request was approved by the Renaissance Zone Authority Board on October 17, 2018. Commissioner Bishop moved to approve the recommendation from the Renaissance Zone Authority Board for 442 13^th St NE for a 5 year income tax exemption and 5 year property tax exemption up to $250,000 for new construction and designate it as VC-113, seconded by Commissioner Erickson. The motion passed unanimously.

Consider recommendation from Renaissance Zone Authority Board to approve a 5 year income tax exemption and 5 year property tax exemption up to $250,000 for new construction at 560 Legacy Lane by Legacy Developments LLC and designate it as VC-114

Jim Knutson, Chair of the Renaissance Zone Authority Board stated this request was approved by the Renaissance Zone Authority Board on October 17, 2018. Commissioner Erickson moved to approve the recommendation from the Renaissance Zone Authority Board for 560 Legacy Lane for a 5 year income tax exemption and 5 year property tax exemption up to $250,000 for new construction and designate it as VC-114, seconded by Commissioner Powell. The motion passed unanimously.

Discuss Class G Microbrew Pub Fees for Alcoholic Beverage Licensing

The Commission discussed what the fee should be for a Class G Microbrew Pub Annual License. This fee will be in addition to the $250 annual beer license fee. Commissioner Bishop recommended setting the annual fee at $500 for a Class G Microbrew Pub License, there was consensus with members of the Commission. The fee will be added to the Master Fee Schedule through a resolution.

Reconsider & Discuss Decision Items for Project No. SU-2-990(059) – 5^th Ave NW Reconstruction

The Commission had further discussion regarding which alternative to proceed with for 5^th Ave NW Reconstruction. No parking with a 30’ build is a big concern. Going to a 34’ build would allow for parking on one side of the street. Both alternatives would require removal of the same number of trees.

Commissioner Magnuson left the meeting at 7:35 AM before the motion and roll call.

Commissioner Bishop moved to rescind the motion passed on October 16^th and proceed with Alternative C- 34’ build alternative which allows for parking on one side of the street, and the difference in cost for the extra 4’ would be paid with Infrastructure Renew & Replacement Funds and not be special assessed to the property owners along 5^th Ave NW, seconded by Commissioner Powell. The motion passed unanimously.

Adjourn

Meeting adjourned at 8:00 AM.

Dave Carlsrud, President of the
City of Valley City Commission

Attested to by:
Avis Richter, City Auditor
City of Valley City

Valley City Commission Proceedings
October 16, 2018
5:00 PM Meeting, City Hall

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

Members present: Commissioner Magnuson, Commissioner Bishop, Commissioner Powell, Commissioner Erickson. President Carlsrud joined at 5:10 PM.

Others Present: City Administrator Schelkoph, City Attorney Schoenack, City Auditor Richter, Building/Fire Inspector Andersen, Public Works Accountant Jacobson, Assessor Hanson, Police Chief Hatcher, Chad Petersen from KLJ.

Approval of Agenda – Addition of N3 & N4

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the October 2, 2018 meeting, seconded by Commissioner Erickson.

Approval of Consent Agenda

1. Approve Raffle Permit for Valley City Area Chamber of Commerce and for Shine
2. Approve Parade Application for Valley City Area Chamber of Commerce (Parade of Lights) on Thursday, November 29 at 6:00 PM on Central Avenue
3. Approve Special Alcohol Beverage Event Permit for Rotary Wine Tasting at the Barnes County Museum on October 30, 2018 for Dakota Silver & The Liquor Locker

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

Public Comments

Mary Lee Nielsen, the City of Valley City appointed alternate for Lake Agassiz Water Authority Board, reported Devils Lake wants to join LAWA with a request to recieve 1 cfs and for the project to use the McClusky Canal as part of the Red River Water Supply project.

President Carlsrud presided over the remainder of the meeting.

Ordinance

Approve first reading of Ordinance No. 1041, an Ordinance Repealing Title 15.1 and Replacing Title 10, Stormwater Management

City Attorney Schoenack stated that Title 15.1 will be repealed and replaced as Title 10. Schoenack made changes for readability, formatting, and adding a willful component to the penalty section.

Commissioner Magnuson moved to approve Ordinance No. 1041, seconded by Commissioner Powell. The motion passed unanimously.

Resolution

Approve Resolution No. 2158, a Resolution Creating Paving Improvement District No. 118

Chad Petersen from KLJ reported that Paving Improvement District No. 118 is on 5^th Avenue NW from Main Street W to 12^th Street NW. Commissioner Powell inquired about funding sources. Chad Petersen from KLJ clarified up to 80% is paid by NDDOT, 10% from the R&R Fund; 10% through Special Assessments.

Commissioner Bishop moved to approve Resolution No. 2158, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Resolution No. 2159, a Resolution Amending Rates & Fees for Solid Waste Services

City Administrator Schelkoph reported the city resident disposal rate will be reduced to $0 per ton from $20 per ton for trees and branches; there will remain a commercial disposal rate for non-residents at previously set rate of $20 per ton.

Commissioner Bishop stated this resolution ensures that residents can dispose of trees for free and should not be charged if a commercial entity disposes of the trees for them.

Commissioner Bishop moved to approve Resolution No. 2159, seconded by Commissioner Powell. The motion passed unanimously.

New Business

Receive 2018 Annual Foresters Report

City Forester Willis Wagar reported there continues to be a problem with Dutch Elm disease. The number of diseased trees is down from 2017 (100 trees to 70 trees in 2018). Wagar found no evidence of Emerald Ash Bore in Valley City. Wagar reported some black ash in town are effected by cottony ash psyllid.

Consider Decision Items for Project No. SU-2-990(059) – 5^th Ave NW Reconstruction

Chad Petersen from KLJ stated the Reconstruction project includes Paving Improvement District 118 as well as forthcoming watermain, sanitary sewer, and storm sewer projects. A public input meeting was held on August 30, 2018. At which time, the public in attendance were not in favor of a 40’ wide street.

Commissioner Bishop inquired if this would be a good time to do an underground electrical service with the reconstruction. City Administrator Schelkoph stated that to do an underground electrical service along the 5^th Avenue NW corridor, the service to the private property needs to be upgraded as well which requires citizen buy-in.

Commissioner Erickson stated the public preferred Alternative B – no change in width of road, with no parking on the streets. City Administrator Schelkoph concurred the public preferred Alternative B.

Commissioner Erickson moved to proceed with Alternative B – 30’ build alternative with no parking, seconded by Commissioner Bishop.

Roll Call: Erickson: yea; Bishop: yea; Magnuson: nay; Powell: yea; Carlsrud: yea. Motion carried.

Approve Gaming Site Authorization for North Dakota Winter Show on November 28, 2018 at the North Dakota Winter Show Event Center, 700 7^th St SE

Commissioner Magnuson moved to approve the Gaming Site for the North Dakota Winter Show on November 28, 2018, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Gaming Site Authorization for the North Dakota Winter Show on November 29-30,
2018 at the Valley City Eagles Aeries 2192

Commissioner Magnuson moved to approve the Gaming Site for the North Dakota Winter Show on November 29 – 30, 2018, seconded by Commissioner Erickson. The motion passed unanimously.

City Administrator’s Report

City Administrator Schelkoph reported due to the recent snow storm, the last Thursday & Friday of October, the City will pickup trees that are less than 4” in diameter. To schedule a pickup, please call Public Works. Schelkoph reported MRES passed its 2019 budget, including no increases in electricity rates for the MRES membership. Schelkoph reported the City requested $10.89 million in funding from the 2019-2021 biennium budget for Permanent Flood Protection Phase IV Construction and Phase V Design Engineering.

City Updates & Commission Reports

Police Chief Hatcher encouraged the public to participate in the Battle of the Badges Blood Drive that continues on October 17.
Chad Petersen from KLJ stated work continues on 3^rd Avenue and Permanent Flood Protection. Petersen reported the State Water Commission approved the requests presented for the 2019 – 2021 biennium budget. Petersen reported the contractor is preparing pricing for the removal of the powerhouse.
Commissioner Powell thanked VCPW for work after snow/ice storm.
Commissioner Magnuson thanked the citizens for patience and foresight to move Valley City forward.
President Carlsrud thanked Reiner Construction for their work on the Permanent Flood Protection.

Adjourn

The meeting adjourned at 6:05 PM.

Dave Carlsrud, President of the
City of Valley City Commission

Attested to by:
Avis Richter, City Auditor
City of Valley City