Valley City Commission Proceedings
May 1, 2018
5:00 PM Meeting, City Hall

President Carlsrud presided and continued with roll call at 5:00 PM.

Members present: Commissioner Pedersen, Commissioner Magnuson, Commissioner Bish­op.

Member absent: Commissioner Powell

Others Present: City Administrator Schelkoph, City Auditor Richter, City Attorney Mertins, Assessor Hansen, Public Works Accountant/Manager Jacobson, Building/Fire Inspector Andersen, Fire Chief Retterath, Olice Chief Hatcher, Chad Petersen from KLJ.

Pledge of Allegiance

Proclamation for Stroke Awareness Month

President Carlsrud read the proclamation for Stroke Awareness Month and presented to representatives from Mercy Hospital.

Proclamation for Arbor Day

President Carlsrud read the proclamation for Arbor Day and presented to members of the Beautification Committee. Gerri Makay from NDSU – ND Forest Service presented the 30 year Tree City USA recognition to the City.

Approval of Agenda

No changes.

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the April 17, 2018 meeting, seconded by  Commissioner Magnuson. 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 $2,884,496.63
3. Approve Electrician and/or Plumber Licenses for Tim’s Plumbing, Valley Electric
4. Approve Raffle Permit for Sheyenne Valley Bowmen, Valley City Fire Department

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

Public Comments

Lloyd Nelson inquired about the Streetscape project and cost share. Bob Werkhoven spoke against using the utility fund as a source of the local share. Gary Schlagel spoke against Streetscape plans and specifications.

Ordinance

Approve second and final reading of Ordinance No. 1031, an Ordinance Amending Title 4, Alcoholic Beverages

City Attorney Mertins reviewed the changes made for the second reading of Ordinance No. 1031.

Commissioner Bishop moved to approve the second and final reading of Ordinance No. 1031, seconded by Commissioner Magnuson. The motion passed unanimously.

New Business

Approve Recommendation from Renaissance Zone Board for 523 Legacy Lane for a 5 year income tax exemption and a 5 year property tax exemption up to $250,000 for purchase of a new home, and designate it as VC-84 (pending receipt of Certificate of Good Standing)

Commissioner Pedersen move to approve VC-84 for a 5 year income tax exemption and a 5 year property tax exemption up to $250,000 for purchase of a new home, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Recommendation from Renaissance Zone Board for 1036 7^th Avenue NW for a 5 year income tax exemption and a 5 year property tax exemption for new construction, and designate it as VC-108 (pending receipt of Certificate of Good Standing)

Commissioner Bishop moved to approve VC-108 for a 5 year income tax exemption and a 5 year property tax exemption for new construction, seconded by Commissioner Pedersen. The motion passed unanimously.

Approve Special Alcohol Beverage Event Permit for Hi-Line Hospitality at VCSU on May 10, 2018 for Employee Recognition Dinner

Commissioner Pedersen moved to approve the special alcoholic beverage event permit, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Construction Engineering Services with KLJ for Paving Improvement District No. 116 in the amount of $56,500

Chad Petersen from KLJ reported the construction engineering for the segments that correspond with the NDDOT project include 5^th Avenue NE, Wintershow Road, 8^th Avenue SW would be at 18.68%. Central Avenue is addressed separately. Commissioner Pedersen moved to approve the construction engineering services with KLJ for Paving Improvement District No. 116, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Construction Engineering Services with KLJ for Sanitary Improvement District No. 62  in the amount of $6,700

Chad Petersen reported construction engineering is at 16.98% for Sanitary Sewer Improvement District No. 62. Commissioner Bishop moved to approve the construction engineering services with KLJ, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Construction Engineering Services with KLJ for Storm Sewer Improvement District No. 51 in the amount of $10,900

Chad Petersen reported construction engineering is at 18.79% for this project. Commissioner Magnuson moved to approve construction engineering for Storm Sewer Improvement District No. 51, seconded by Commissioner Pedersen. The motion passed unanimously.

Consider implementation of Request For Proposal process for two 2019 Construction projects

City Administrator Schelkoph stated the Request for Proposal process could begin for two 2019 construction projects: Storm Water, Sewer & Water Main replacement from Main Street to Pioneer Park along 7^th Avenue and 4^th Street NW, and 50-70 blocks of seal coat. A committee will review the proposals. The committee will include City Administrator Schelkoph, City Auditor Richter, and two commissioners: Commissioner Bishop and President Carlsrud.

Commissioner Magnuson moved to approve the Request for Proposal process for the two 2019 construction projects, seconded by Commissioner Bishop.

Commissioner Pedersen asked if the group has the appropriate knowledge to perform the process and qualified that this would be for a qualifications-based proposal.

Gary Schlagel recommended the Commission consider a joint powers agreement between the county and city for engineering services.

Roll call vote: Bishop – aye, Pedersen – nay, Magnuson – aye, Carlsrud – aye. Motion carried.

City Administrator’s Report

City Administrator Schelkoph reminded the public that city cleanup is May 7 – 11, 2018. Schelkoph reported Main Street will remain closed until fall.

City Updates & Commission Reports

City Attorney Mertins reported that the City was served with a civil case by Robert Drake on Thursday, April 7. On April 30, a restraining order request was filed regarding the bids for Streetscape. A hearing is scheduled for May 8, 2018.

City Auditor Richter reported the 2017 annual audit fieldwork will be done May 7 – 11.

City Assessor Hansen will begin yearly inspections for residential properties in the next few weeks.

Building Inspector Andersen stated Mr. Gille won contract for southeast sidewalk replacements. Precision Concrete Cutting will work in the southwest portion of town. Andersen stated May is Building Safety Month.

Fire Chief Retterath stated a burn ban has been issued for Barnes County and Valley City. The VCFD will hose the NDFA convention at the end of the month.

Chad Petersen provided a construction update: concrete pavement repair begins next week. Parking lot carryover work to finish topsoil and seeding will occur in next 1 to 2 weeks.

Commissioner Bishop thanked power crew for work.

President Carlsrud stated VCPW has feathered alleys once and will address again after cleanup week.

Adjourn

The meeting was adjourned at 6:01 pm.

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
April 17, 2018
5:00 PM Meeting, City Hall

President Carlsrud presided and continued with roll call at 5:00 PM.

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

Others Present: City Administrator Schelkoph, City Auditor Richter, City Attorney Mertins, Assessor Hansen, Public Works Accountant/Manager Jacobson, Building/Fire Inspector Andersen, Lieutentant Rustebakke, Chad Petersen and Mike Strom from KLJ.

Pledge of Allegiance

Approval of Agenda – Remove Consent D

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the April 3 and April 10, 2018 meetings and April 10, 2018 Board of Equalization meeting, seconded by Commissioner Magnuson. The motion passed unanimously.

Approval of Consent Agenda

1. Approve Raffle Permit for Barnes County Wildlife Federation, Disabled American Veterans, Express Wrestling
2. Approve Electrician, Plumber and/or Mechanical Contractor license for ASAP Electric, RJ’s Plumbing & Heating, Inc.
3. Approve Block off the Street Request for Valley City Public Schools on April 28, 2018 on 4^th Street NW from Central Avenue to 2^nd Avenue
4. Approve Block off the Street Request for Valley City State University Residence Life on May 3, 2018 on Viking Drive from Student Center to intersection of 8^th Avenue

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

Public Comments

There were no public comments.

New Business

Approve NDDOT Cost Participation, Construction & Maintenance Agreement for NDDOT Project No. UGP-SU-2-990(057), Central Avenue from Main to 12^th St N

Chad Petersen from KLJ reviewed the NDDOT agreement and stated the local cost share is approximately $400,000. Commissioner Powell moved to approve the NDDOT Cost Participation, seconded by Commissioner Pedersen. Roll call vote – Magnuson: aye,  Pedersen: aye, Bishop: nay, Powell: aye, Carlsrud: aye. Motion carried.

Consider approving Amendment No. 1 for Preliminary & Design Engineering Services with KLJ for NDDOT Project No. UGP-SU-2-990(057), PCN 22043 (Central Avenue)
Chad Petersen from KLJ reported that this request allows KLJ to proceed reducing the size of the bump outs from 8 feet to 6 feet. NDDOT has been consulted. 5^th Street would remain unchanged due to the unsignaled intersection and school zone. The agreement allows for costs up to $16,500.

Commissioner Pedersen moved to approve Amendment No. 1 for Preliminary & Design Engineering Services, seconded by Commissioner Powell. Commissioner Bishop stated concern for additional cost to make the changes. Commissioner Magnuson concerned about additional cost and that all costs weren’t presented at beginning of project.

Roll call vote: Bishop – nay, Powell – aye, Magnuson – nay, Pedersen – aye, Carlsrud – aye. Motion carried.

Approve Permanent Flood Protection Phase IV buyout purchase of 229 4^th Ave SE for the appraised value of $155,00
Assessor Hansen stated that the appraised value was reasonable. Commissioner Bishop moved to approve purchase of 229 4^th Ave SE, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Gaming Site Authorization for Valley City Eagles Aerie 2192 Fraternal Order of Eagles at 345 12^th Ave NE; Hi-Line Hospitality, LLC at 2369 Elm Street; The Labor Club, 214 2^nd Street NE; My Bar Valley City LLC, 240 East Main Street; and Main Street Off Sale LLC – Tavern 94, 455 Wintershow Road 

Commissioner Pedersen moved to approve the gaming site authorizations, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Gaming Site Authorization for ND Wildlife Federation at Valley City Eagles, 345 12^th Ave NE on April 6, 2019

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

Approve Special Alcohol Beverage Event Permit for City Lights at VCSU on April 25, 2018  for VCBCDC Annual Banquet

Commissioner Bishop moved to approve the special alcohol beverage event permit, seconded by Commissioner Pedersen. The motion passed unanimously.

New Business

Open Public Hearing regarding Special Assessments confirmed by the Special Assessment
Commission for Paving Improvement District No. 112

President Carlsrud declared the hearing open. City Auditor Richter reported the Special Assessment Commission met on April 12, 2018, which certified the amended report. The amended report removed Northwestern Industries from the Improvement District as no work was completed. There were no public comments. Commissioner Bishop moved to close the hearing, seconded by Commissioner Powell. The motion passed unanimously.

Approve Special Assessments as recommended by the Special Assessment Commission for Paving Improvement District No. 112

Commissioner Pedersen moved to approve the Paving Improvement District No. 112 special assessments, seconded by Commissioner Magnuson. The motion passed unanimously.

Open Public Hearing regarding Special Assessments confirmed by the Special Assessment Commission for Paving Improvement District No. 113

President Carlsrud declared the hearing open. City Auditor Richter reported that the Special Assessment Commission certified the Paving Improvement District No. 113 special assessments. There were no public comments. Commissioner Bishop moved to close the hearing, seconded by Commissioner Pedersen. The motion passed unanimously.

Approve Special Assessments as recommended by the Special Assessment Commission for Paving Improvement District No. 113

Commissioner Powell moved to approve the Paving Improvement District No. 113 special assessments, seconded by Commissioner Magnuson. The motion passed unanimously.

Open Public Hearing regarding Special Assessments confirmed by the Special Assessment Commission for 2017 Parking Lot Improvement District

President Carlsrud declared the hearing open. City Auditor Richter stated the Special Assessment Commission certified the 2017 Parking Lot Improvement District special assessments at the April 12, 2018 meeting. There were no public comments. Commissioner Pedersen moved to close the hearing, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Special Assessments as recommended by the Special Assessment Commission for 2017 Parking Lot Improvement District

Commissioner Bishop moved to approve the 2017 Parking Lot Improvement District special assessments, seconded by Commissioner Magnuson. The motion passed unanimously.

Ordinance

Approve first reading of Ordinance No. 1031, an Ordinance Amending Title 4, Alcoholic Beverages
City Attorney Mertins reviewed the proposed changes included in the first reading of Ordinance No. 1031 which include substantive changes to server training requirements and licensing deadlines. Clarification is included within the violation section.

Commissioner Powell inquired if more definition is required for the “regular work requirements.” City Attorney Mertins stated that this would be determined through fact finding at administrative hearings. Commissioner Magnuson stated business owners requested two renewal periods during previous changes to the ordinance and stated concern changing it now. Commissioner Bishop moved to approve the first reading of Ordinance No. 1031, seconded by Commissioner Powell. The motion passed unanimously.

Resolution

Approve Resolution No. 2144, a Resolution of Sponsorship for After School Latch Key Program dba TL Childcare CDBG Loan Fund Application

Stacy Bowerman, director of the South Central Dakota Regional Council stated that the After School Latch Key Program would be utilizing HUD funds administered by the state. This requires local sponsorship to proceed. Commissioner Pedersen moved to approve Resolution No. 2144, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Resolution No. 2140, a Resolution Accepting Bid and Awarding Contract for Sanitary Sewer Improvement District No. 62 to Swanberg Construction in the amount of $234,938
Mike Strom from KLJ recommended awarding bid to Swanberg Construction in the amount of $234,938. The engineers estimate was $316,000. Commissioner Bishop moved to approve Resolution No. 2140, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Resolution No. 2141, a Resolution Accepting Bid and Awarding Contract for Storm Sewer Improvement District No. 51 to DL Barkie Construction, Inc. in the amount of $167,665

Mike Strom from KLJ stated the recommendation is to award the base bid to DL Barkie Construction in the amount of $167,665. The engineers estimate was $235,000. The alternate was not recommended as the property owner did not want to proceed. Commissioner Powell moved to approve Resolution No. 2141, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Resolution No. 2143, a Resolution to Designate Authorized Representative for the City of Valley City as a Member of Missouri Basin Municipal Power Agency d/b/a Missouri River Energy Services

City Administrator Schelkoph reported MRES requires a board member to serve as the primary delegate per by-laws and asked the Commission to approve. Commissioner Magnuson moved to approve Resolution No. 2143, seconded by Commissioner Pedersen. The motion passed unanimously.

City Administrator’s Report

City Administrator Schelkoph had no report.

City Updates & Commission Reports

Building Inspector Andersen reported that Cleanup Week is May 7 – 11, 2018.

Fire Chief Retterath asked residents to check smoke detectors in homes and duplexs as VCFD has found ones that are not working.

Chad Petersen stated that work on Permanent Flood Protection Phase II construction continues. By-weekly construction meetings will begin April 18.

Adjourn

The meeting was adjourned at 5:51 pm.

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
April 10, 2018
7:00 AM Meeting, City Hall

President Carlsrud presided and continued with roll call at 7:00 AM.

Members present: Commissioner Magnuson, Commissioner Bish­op, Commissioner Powell.
Members absent: Commissioner Pedersen.

Others Present: City Administrator Schelkoph, City Auditor Richter, City Attorney Mertins, Police Chief Hatcher.

Roll Call

Pledge of Allegiance

New Business

Consider alleged violation of Alcoholic Beverage Ordinance by American Legion Club

City Attorney Mertins stated that the alleged violation is that an individual under the age of 21 was served and was later found obviously intoxicated at the American Legion Club. The American Legion Club waived an administrative hearing so therefore, the Commission needs to accept the waiver and make a finding that the alleged violation occurred.

James Riden, licensee appointed Judith Bennefeld to serve as a representative of the American Legion Club. Bennefeld confirmed the waiver of the administrative hearing and on behalf of the American Legion Club, admitted to alleged violations that an individual under the age of 21 was served and found obviously intoxicated.

Commissioner Magnuson moved to accept that the waiver of an administrative hearing was knowingly and voluntarily made, seconded by Commissioner Powell. The motion passed unanimously.

Commissioner Powell moved that there was sufficient evidence to find the American Legion Club violated the Alcoholic Beverage Ordinance, seconded by Commissioner Bishop. The motion passed unanimously.

Consider proposed disposition for American Legion Club regarding violation of Alcoholic Beverage Ordinance

City Attorney Mertins reviewed the proposed disposition. Commissioner Bishop clarified that the original disposition included a two week suspension but after meetings and negotiations with the American Legion Club the current disposition is recommended. Bennefeld stated the American Legion has obtained an ID scanner from City County Health District and is working to have server training for all servers.

Commissioner Bishop moved to accept the proposed disposition, seconded by Commissioner Powell. City Attorney Mertins read the proposed disposition for the record. The motion passed unanimously.

Adjourn

The meeting was adjourned at 7:18 am.

Dave Carlsrud, President of the
City of Valley City Commission

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

2018 Board of Equalization Proceedings
April 10, 2018
4:00 PM City Hall

President Carlsrud presided and continued with roll call.

Members present: Commissioner Bishop, Commissioner Magnuson.

Members absent: Commissioner Powell, Commissioner Pedersen.

Others Present: City Administrator Schelkoph, Finance Director Richter, Assessor Hansen, City Attorney Mertins, Police Chief Hatcher.

Finance Director Richter read North Dakota Century Code sections 57-11-01, 03 and 07 pertaining to the duties of the Board of Equalization.

President Carlsrud declared the hearing open at 4:07 P.M. City Assessor Sandy Hansen reported the changes in property values within the city for 2018. An overall summary was read and submitted, with the breakdown as follows:

Commissioner Magnuson inquired about the impact to overall tax base. City Auditor Richter stated the City can include changes in non-taxable to taxable, new construction for additions to budget; changes in market value do not increase budgeting power but rather help to re-distribute the mill levy.

The following property owners contacted City Assessor Hansen regarding the notice of increase for 2018.

No written comments were received by City Auditor.

Dean Kinney inquired about the increased commercial land value along Main Street and upcoming construction impacting special assessments.

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

Commissioner Bishop moved to approve the assessment book as prepared by the City Assessor, seconded by Commissioner Magnuson. The motion passed unanimously.

President Carlsrud thanked City Assessor Hansen for her work.

Adjourn

The meeting was adjourned at 4:32 p.m.

Dave Carlsrud, President of the
City of Valley City Commission

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