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

Valley City Commission Proceedings
April 3, 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, Police Chief Hatcher, Chad Petersen from KLJ.

Pledge of Allegiance

Recognition of Mayor for a Day

President Carlsrud recognized Tessa Anderson and Nora Wolhart as Mayor for a Day essay winners.

City Government Week Proclamation
Tessa Anderson and Nora Wolhart read the City Government Week Proclamation.

Approval of Agenda – Remove Consent C, N9 & N11

Approval of Minutes

Commissioner Magnuson moved to approve the minutes from March 20 and March 29, 2018 meetings, seconded by Commissioner Powell. 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 $2,646,288.49
3. Approve Block off the Street Request for Valley City High School on April 28, 2018 on 4^th Street NW from Central Avenue to 2^nd Avenue NW
4. Approve Request to Block off the Street for Valley City Public Schools on May 9, 2018 on 2^nd Ave NW from 4^th Street NW to 5^th Street NW
5. Approve Raffle Permit for Valley City Area Chamber of Commerce

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

Public Comments

There were no public comments.

New Business

Consider financial support for the South Central Seniors Transportation

Commissioner Pedersen moved to approve $20,000 for South Central Seniors Transportation, seconded by Commissioner Powell. The motion passed unanimously.

Pat Hansen from South Central Seniors Transportation thanked the Commission for their support. The goal is to leverage all of the available federal money, $80,000, which requires a local match. The local match is funded through donations and city and county support in the service area.

Consider Request for $7,500 from the Reserved Streetscape Project Funds for Chamber of Commerce for one-time construction marketing

Bobby Koepplin, on behalf of the Visitors Committee, reported that the Commission in 2016 approved reserving 25% of the Image Enhancement Grant funds for streetscape projects. The Visitors Committee provided a do pass recommendation for this project with requirements for matching funds and funding after construction begins.

Commissioner Magnuson moved to approve the request for $7,500 from the Reserved Streetscape Project Funds for the Chamber of Commerce with the conditions set forth by the Visitors Committee, seconded by Commissioner Powell. The motion passed unanimously.

Consider Food & Beverage Grant Request for Chamber of Commerce in the amount of $32,000

Bobby Koepplin, on behalf of the Visitors Committee, reported that this $47,000 project will provide improvements to signage and carpet at the Rosebud Visitors Center. The Visitors Committee provided a do pass recommendation for a $32,000 grant from Food & Beverage.

Commissioner Pedersen moved to approve the Food & Beverage Grant request for the Chamber of Commerce, seconded by Commissioner Magnuson. Koepplin stated that this request will use all available funds in 2018. The motion passed unanimously.

Consider Image Enhancement Grant from Mobility Plus Rehabilitation, Ltd. in the amount of $1,000

Bobby Koepplin, on behalf of the Visitors Committee, reported a do pass recommendation in the amount of $1,000 for Mobility Plus Rehabilitation, Ltd.

Commissioner Powell moved to approve the Image Enhancement Grant for Mobility Plus Rehabilitation, seconded by Commissioner Pedersen. The motion passed unanimously.

Approve awarding bid for planting of trees for the ND Forest Service grant to Pine Country Nursery in the amount of $14,617.00

Bobby Koepplin, on behalf of the Beautification Committee, requested approval of the bid to plant trees on the boulevards near City County Health District, the Courthouse, and a City parking lot.

Commissioner Pedersen moved to approve awarding bid for planting trees, seconded by Commissioner Magnuson. The motion passed unanimously.

Receive the Valley City Fire Department Annual Report
Fire Chief Retterath presented the Valley City Fire Department Annual Report and stated that calls were down in 2017.

Approve part-time staff for VCFD to create pre-plan building fire protection program

Fire Chief Retterath request approval for the Valley City Fire Department to hire a part-time staff to pre-plan details that are useful for responding to calls.

Commissioner Bishop moved to approve part-time staff for Valley City Fire Department, seconded by Commissioner Powell. The motion passed unanimously.

Approve Gaming Site Authorization for Edgar A. Fisher Post 60 of the American Legion

Commissioner Pedersen moved to approve the gaming site authorization for American Legion, seconded by Commissioner Magnuson. The motion passed unanimously.

REMOVED – Approve NDDOT Cost Participation, Construction & Maintenance Agreement for UGP-SU-2-990(057), Central Avenue from Main to 12th St N

Approve NDDOT Cost Participation, Construction & Maintenance Agreement for UGP-SU-2-990(055)059, 3^rd Avenue SE from 4^th St SE to Main St

Chad Petersen from KLJ stated that the project will be funded from the NDDOT Urban Road Grant program which requires a cost participation, construction and maintenance agreement to be filed. Construction cost and construction engineering is at 80% federal share, 20% local match. The $1.15 million project has $452,000 local cost share which is scheduled to be bid through the NDDOT on May 11.

Commissioner Powell moved to approve the NDDOT Cost Participation, Construction & Maintenance Agreement for UGP-SU-2-990(055)059, seconded by Commissioner Pedersen. The motion passed unanimously.

REMOVED – Approve 2017 Year end transfers and assigned funds as prepared by City’s Finance Director

Appoint contact for the ND Water Coalition

City Administrator Schelkoph stated the City of Valley City has a membership in the ND Water Coalition. The City Administrator serves as a contact as well as one commissioner. Schelkoph recommended President Carlsrud serve as the commission representative.

Commissioner Magnuson moved to approve President Carlsrud as a representative to the ND Water Coalition, seconded by Commissioner Bishop. The motion passed unanimously.

City Administrator’s Report

City Administrator Schelkoph reminded the public to report slippery streets to 845-0380, Public Works or 845-8181 for Barnes County Dispatch.

Schelkoph reported that the FEMA lot issue has been resolved through the passage of the omnibus on March 9, 2018. The alternative would have required the City to construct a new floodwall at an estimated cost of $3 million to avoid the FEMA lot. Schelkoph thanked Senator Heitkamp and FEMA for their work to provide a legal resolution to this issue.

Schelkoph reminded the public that Main Street will be closed for an extended period of time.

City Updates & Commission Reports

City Auditor Richter thanked Emma Tufte for her work on the Mayor for a Day event and Tessa Anderson and Nora Wolhart for their essays.

City Assessor Hansen stated that the Board of Equalization meets on Tuesday, April 10 at 4:00 pm in the Commission Chambers.

Fire Chief Retterath report that 340 invitations have been sent for the ND Firefighters Association convention in May.

Commissioner Powell stated that the Valley City – Barnes County Committee of Addiction will hold a town hall discussion on Thursday, April 5 at the HAC.

Commissioner Bishop thanked the VCFD & VCPD for their efforts.

Commissioner Magnuson congratulated the Mayor for a Day winners for their essay submissions.

President Carlsrud thanked employees and volunteers for their work. Carlsrud thanked the parents for their support of the Mayors for a Day.

Adjourn

The meeting was adjourned at 5:49 pm.

Dave Carlsrud, President of the
City of Valley City Commission

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