Valley City Commission Proceedings
Tuesday, November 20, 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, City Auditor Richter, City Attorney Schoenack, City Assessor Hansen, Public Works Accountant Jacobson, Building/Fire Inspector Andersen, Fire Chief Retterath, Incoming Fire Chief Magnuson, Police Officers Horner & Johnson, Chad Petersen from KLJ.
Approval of Minutes
Commissioner Erickson moved to approve the minutes from the November 6, 2018 meeting, seconded by Commissioner Powell. Motion carried.
Approval of Consent Agenda
- Approve Special Alcohol Event Permit for Valley City Eagles 2192 at North Dakota Winter Show Event Center for North Star Classic on November 28 through December 1, 2018
Commissioner Powell moved to approve the consent agenda, seconded by Commissioner Erickson. The motion passed unanimously.
There were no public comments.
Open public hearing for Class E Restaurant/Lounge Alcoholic Beverage License to sell on-sale beer for Sky Lanes at 2379 Elm Street
President Carlsrud declared public hearing open. Regina Beard, owner of Sky Lanes, requested an on-sale beer license. Commissioner Magnuson inquired about the 50% of sales requirement in food. Commissioner Powell asked for a contingency plan if the beer sales exceed 50%. City Auditor Richter stated action on this license will be delayed until January at the request of Ms. Beard. Ms. Beard concurred. Commissioner Bishop moved to close the public hearing, seconded by Commissioner Magnuson. The motion passed unanimously.
Consider issuing Class E Restaurant/Lounge Alcoholic Beverage License to sell on-sale beer for
Sky Lanes at 2379 Elm Street
Consensus was to delay action until January.
Approve Resolution No. 2165, a Resolution Authorizing the Issuance of Improvement Warrants and Exchanging them for $1,975,000 Refunding Improvement Bonds of 2018.
Mike Manstrom stated the public sale for the refunding improvement bonds was held today. The City has an A1 credit rating from Moodys. Northland Securities of St. Paul submitted the best bid of 3.53% for 15 year bond issue. City Auditor Richter recommended approving the bond issuance. Richter stated the 2017 projects included in the bond issuance were assessed at 4.5% interest rates. For the 2018 projects, Richter requested the interest rate to complete the Resolution.
Commissioner Powell moved to approve Resolution No. 2165 with the 2018 projects assessed at 4.5% interest, seconded by Commissioner Magnuson. The motion passed unanimously.
Approve First Reading of Ordinance No. 1042, an Ordinance Recodifying the Revised Ordinances of the City of Valley City and Repealing & Re-enacting Title 1, General Provisions
City Attorney Schoenack stated Ordinance No. 1042 amends Title 1 and creates a Code Revisor for the Valley City Municipal Code. Commissioner Bishop moved to approve Ordinance No. 1042, Commissioner Erickson. The motion passed unanimously.
Approve First Reading of Ordinance No. 1043, an Ordinance Amending Various Sections of Valley City Municipal Code (V.C.M.C.)
City Attorney Schoenack reviewed the changes to various sections of VCMC including changes to Title 5, 7, 8, 9, 15, and creating Titles 7.1 and 11.1. Commissioner Magnuson moved to approve Ordinance No. 1043, seconded by Commissioner Erickson. The motion passed unanimously.
Approve Resolution No. 2166, a Resolution Authorizing the City of Valley City to Purchase Directly from Vendors Awarded GSA Schedule Contracts
City Administrator Schelkoph stated Enterprise Sales is a vendor awarded GSA scheduled contracts that the City may use. City Administrator Schelkoph stated this would be for projects under $150,000. Schelkoph stated that if a project is over $10,000 and there is opportunity for better prices through bids, that process could still be used.
Commissioner Erickson moved to approve Resolution No. 2166, seconded by Commissioner Powell. The motion passed unanimously.
Approve Resolution No. 2167, a Resolution Authorizing Filing of Application with North Dakota Department of Health for a Loan Under the Clean Water Act and/or the Safe Drinking Water Act for Storm Sewer Improvement District No. 50
Chad Petersen from KLJ stated Storm Sewer Improvement District No. 50 is eligible for a loan at an interest rate of approximately 2%. This resolution authorizes KLJ to submit the application to the ND Department of Health and allows the Finance Director to provide supplemental material for the State Revolving Loan Fund.
Commissioner Powell moved to approve Resolution No. 2167, seconded by Commissioner Bishop. The motion passed unanimously.
Accept Fire Chief Gary Retterath retirement as of December 31, 2018
City Administrator Schelkoph stated Fire Chief Retterath submitted his retirement effective December 31, 2018. Commissioner Bishop moved to accept the retirement of Fire Chief Retterath, seconded by Commissioner Magnuson. The motion passed unanimously.
Approve Holiday Schedule for Monday, December 24
City Administrator Schelkoph reported Public Works Superintendent has scheduled commercial garbage pickup on Monday with residential pickup resuming on Wednesday. Schelkoph recommends closure on the morning of Monday, December 24. Commissioner Erickson moved to approve the holiday schedule as presented, seconded by Commissioner Bishop. The motion passed unanimously.
Approve FEMA 50-50 Rule
City Administrator Schelkoph stated the downtown district is in the floodplain and is subject to the FEMA 50-50 investment rule. Current investments are limited to 50% of either the assessed or the appraised values. Schelkoph stated a third option is proposed to allow the City to determine the value of the structure:
A determination of the actual cash value of the building. The actual cost value of the building is the cost to replace a building on the same parcel with a new building of likekind and quality, minus depreciation due to age, use and neglect. It does not consider loss in value simply due to outmoded design or location factors. Depreciation does not take into account functional obsolescence (e.g. outmoded design or construction that pre-dates current codes) or factors that are external to the structure.
Commissioner Magnuson recommended creation of a formula.
City Attorney Schoenack stated the policy conforms to the previously adopted Ordinance No. 913.
City Administrator Schelkoph stated the policy provides the formula. Schelkoph stated options one and two allow property owners to make less expensive investments.
City Assessor Hansen confirmed the assessment will only be based on work completed.
Commissioner Magnuson stated the City is trying to promote building and he asked for consistent implementation of the policy.
Commissioner Magnuson moved to approve FEMA 50-50 rule as presented, seconded by Commissioner Powell. The motion passed unanimously.
Approve Cost Participation and Maintenance Agreement for Project No. UGP-2-999(051) Main Street, Central Avenue, City Park (Streetscape II)
Chad Petersen from KLJ stated since this is a grant program the caps are set for federal and state funds at a maximum of $1,643,000 eligible expenses. Commissioner Magnuson moved to approve the Cost Participation and Maintenance Agreement for Project No. UGP-2-999(051), seconded by Commissioner Bishop. The motion passed unanimously.
Approve Change Order for Permanent Flood Protection Phase II to include additional cost for concrete paving and to Demolish Power House, in the amount of $144,093.71
Chad Petersen from KLJ presented the Change Order for additional cost for the late Fall concrete paving installation in amount of $23,399.60. The spring concrete paving work will revert to the original pricing for balance of work to be completed. Petersen stated the Power House inspection report indicated substantial improvements were necessary or demolition was recommended. The cost to tear down the existing building and fill with millings is $120,694.11. Once asbestos is removed, Reiner will start on demolition in December. Commissioner Bishop moved to approve the change order, seconded by Commissioner Magnuson. The motion passed unanimously.
City Administrator’s Report
City Administrator Schelkoph reported ND League of Cities hosted a City Administrator’s meeting last week. At the meeting, received an update on the Prairie Dog bill which includes a formula for infrastructure funding for cities and other political subdivisions.
City Updates & Commission Reports
City Attorney Schoenack thanked Emma Tufte for work on recodification and is working with Carl Martineck on transition.
Fire Chief Retterath reminded citizens that the ice is not safe and to check heating appliances. Fireman’s Dance is Friday, November 23.
City Administrator Schelkoph stated Scott Magnuson has begun shadowing the Chief Retterath.
Commissioner Erickson wished Happy Thanksgiving.
Commissioner Bishop thanked Police Officers and Firefighters for working on Thanksgiving.
Commissioner Magnuson thanked City Attorney Schoenack and Emma Tufte for work on recodification. Magnuson thanked Commission for supporting FEMA 50-50 rule.
President Carlsrud wished Happy Thanksgiving to all.
Meeting was adjourned at 6:14 PM.
Dave Carlsrud, President of the
City of Valley City Commission
Attested to by:
Avis Richter, City Auditor
City of Valley City