City Commission
Tuesday, ­July 16, 2019
5:00 PM

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 Martineck, City Assessor Hansen, Public Works Accountant Jacobson, Fire Chief Magnuson, Police Chief Hatcher, Mike Strom from KLJ.

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the July 2 and July 10, 2019 meetings, seconded by Commissioner Powell. Motion carried.

Approval of Consent Agenda

1. Approve Raffle Permit for Dakota Riders Motorcycle Club

Commissioner Erickson declared a conflict of interest and asked to abstain. Commissioner Bishop moved to recognize the conflict of interest, seconded by Commissioner Magnuson. Motion carried.

Commissioner Bishop moved to approve the consent agenda, seconded by Commissioner Magnuson. Commissioner Erickson abstained. Motion carried.

Public Comments

There were no public comments.

Public Hearing

Public Hearing for Integrated Resource Plan for Valley City Public Works

City Administrator Schelkoph explained that the Integrated Resource Plan provides the guidelines for the WAPA, MRES and City of Valley City operations. President Carlsrud declared public hearing open. City Administrator Schelkoph recommended approval. Commissioner Bishop moved to close the public hearing, seconded by Commissioner Powell. Motion carried.

Approve Resolution No. 2213, A Resolution Approving the Integrated Resource Plan for Valley City Public Works as required by Western Area Power Administration (WAPA)

Commissioner Magnuson moved to approve Resolution No. 2213, seconded by Commissioner Bishop. The motion passed unanimously.

Ordinance

Approve Ordinance No. 1046, An Ordinance to Amend and Reenact portions of Title 4 (Alcoholic Beverages) of the Valley City Municipal Code

City Attorney Martineck stated there are three changes: addition of brewery taproom license which allows sale, production and distribution of own microbrew beer; removal of separate documentation that food and liquor sales at a restaurant; addition of late fee for applications received after deadline.

City Auditor Richter stated intent is for licensee to certify that food sales exceed alcohol sales in the area in which minors are allowed. Discussion occurred about type of third party to certify the statement and that these statements are subject to spot checks. Richter will update the license forms to reflect requested change to include accountant or bookkeeper to certify the statement.

Commissioner Magnuson inquired about late fee. Martineck stated the fee needs to be established.

Commissioner Magnuson moved to approve the first reading of Ordinance No. 1046, seconded by Commissioner Powell. The motion passed unanimously.

Approve Ordinance No. 1047, An Ordinance to Amend and Reenact portions of Title 1 (General Provisions), Title 14 (Motor Vehicles & Traffic) and Title 17 (Offenses), Valley City Municipal Code

City Attorney Martineck stated that for the traffic fees assessed by Municipal Court, ND Legislature now permits City to assess up to double for traffic fees. Martineck will provide proposed fees for the second reading.

Commissioner Bishop inquired about fees on interstate. Police Chief Hatcher stated VCPD will respond to a complaint only if other agencies are not available; Hatcher recommends that fees would not double in the 75 zone.

Commissioner Bishop moved to approve Ordinance No. 1047, seconded by Commissioner Powell. The motion passed unanimously.

New Business

National Leadership Academy for the Public’s Health Presentation

Theresa Will from City County Health District introduced Dr. Chen, Program Advisor & Coach, of the National Leadership Academy for Public’s Health. Dr. Chen provided information about the program. The Barnes County team is working on sober living and re-entry into the community. Theresa Will stated a community meeting was held for harm reduction services and is working to promote the program.

Approve adding 720 East Main Street to the Permanent Flood Protection Phase IV Buyout Program

City Administrator Schelkoph stated the property owner is interested in selling the property for assessed value plus 10% for a total cost of $48,180. This property is not on the Phase IV buyout list, but Schelkoph reported there is money available. Schelkoph stated will be presented to State Water Commission.

Commissioner Magnuson moved to approve adding 720 East Main to the Permanent Flood Protection Phase IV Buyout Program, seconded by Commissioner Powell. The motion passed unanimously.

Review and approve Recycling Contract with Valley Recycling

President Carlsrud thanked committee for their work. City Administrator Schelkoph stated the committee put together 4 scenarios for the Commission to consider. Base rate is for 90% of shipping and landfill costs the City incurs, committee has calculated in the future savings when VCPW does this work. The following scenarios were presented:

• Scenario 1: $2 fee per garbage account with estimated $84,000 to Valley Recycling
• Scenario 2: $1 fee per garbage account with estimated $42,000 to Valley Recycling
• Scenario 3: $1 fee per residential garbage account; $5 fee per 2 yard for each 2 yard dumpster; $10 fee per 4 yard dumpster; $15 fee per 6 yard dumpster
• Scenario 4: Fees as established in Scenario 3 with subsidy capped at $42,000 to Valley Recycling; Fees collected in excess would offset [base rate]

This is based on a 5 year contract. City Administrator Schelkoph stated the county has agreed to provide $20,000 on a year by year basis to Valley Recycling.

Adam Faul stated he is looking at additional drop sites at Jefferson Elementary, Washington Elementary and the landfill. Faul stated curbside could be a future option. Faul is looking to hire a full-time employee to help the business. Faul may also add glass, batteries, TV and lights.

Discussion between the Commissioners, City Staff, Adam Faul and Melissa Faul occurred for 53 minutes. Commissioner Magnuson asked if Faul would consider a one year contract. Faul stated no.

Commissioner Magnuson made motion to approve recycling contract with Scenario 3, Commissioner Erickson seconded. Commissioner Powell stated no contract proposal has been received from Waste Management. Commissioner Bishop stated he struggles to subside private business. Dave Zubrod state residents will pay less than the City of Jamestown, so it’s still a good deal. President Carlsrud wanted to table the discussion until August 6 and know how Jamestown operates. Commissioner Magnuson asked for an estimate from Waste Management for recycling and recycling plus garbage. Commissioner Erickson stated Jamestown residents pay $5.50 per month. City Auditor Richter stated Jamestown’s curbside recycling is picked up every other week per contract.

Commissioner Magnuson moved to rescind previous motion, President Carlsrud seconded. Motion failed. Commissioner Powell stated the Commission needs to make a decision.

Commissioner Powell stated the Commission needs to make decision. Previous motion to approve recycling contract with Scenario 3 was considered. Roll Call: Powell – nay; Bishop – nay; Magnuson – aye; Erickson – aye; Carlsrud – aye. Motion carried.

Resolution

Approve Resolution No. 2210, a Resolution Establishing Recycling Utility Fees

City Administrator Schelkoph stated the Resolution No 2210 will be finalized with the following fees:

$1 per residential account; $1.50 per 3 can commercial garbage; $5 per 2 yard dumpster; $10 per 4 yard dumpster; $15 per 6 yard dumpster. Schelkoph stated time is required to implement the fees. Public Works Accountant Jacobson recommended September 1 as the effective date.

Commissioner Magnuson moved to approve Resolution No. 2210 with effective date of September 1, 2019, seconded by Commissioner Erickson. City Attorney Martineck clarified that the contract will be effective July 16, 2019.

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

Approve Resolution No. 2211, a Resolution Approving Replat of Lots 15 & 16, Block 15, Granger’s Addition

City Attorney Martineck stated Planning & Zoning Commission provided a due pass recommendation. Commissioner Powell moved to approve Resolution No. 2211, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Resolution No. 2212, a Resolution Approving Plat of Annie’s Addition

City Attorney Martineck stated the Planning & Zoning Commission provided a due pass recommendation with the following conditions: utility easements need to be incorporated into final plat; combine two parcels on preliminary plat based on current use. Both requirements have been met and Martineck recommended approval.

Commissioner Erickson moved to approve Resolution No. 2212, seconded by Commissioner Bishop. The motion passed unanimously.

City Administrator’s Report

There was no report.

City Updates & Commission Reports

City Auditor Richter a request for reimbursement has been made for $3.2 million from the State Water Commission.

Fire Chief Magnuson reported seven new member have been recruited including the first female member. July 28, the VCFD will play against Law Enforcement in a softball game.

Mike Strom from KLJ stated punch list items are being worked on for Permanent Flood Protection Phase II; sheeting is being installed in Permanent Flood Protection Phase IIA project; the Central Avenue/3^rd Street intersection is being finalized and work begins in Storm Sewer [No. 50]. Strom stated the original foundation of Straus Mall was located during construction and options for the lip are being discussed; a similar issue has appeared along the Nearly Nu.
Commissioner Powell stated the downtown looks good!
Commissioner Bishop asked skateboarders to follow rules of the road.
Commissioner Magnuson remarked that Main Street turned out beautiful.
President Carlsrud asked residents to cleanup yards and property. Thanked employees & community. Valley City is in the top 11 of 118 for a Bush Grant Prize. Carlsrud is hosting a ribbon cutting on Thursday for Permanent Flood Protection.

Adjourn

Meeting was adjourned at 6:58 PM.

Dave Carlsrud, President of the
City of Valley City Commission

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

Special Valley City Commission Proceedings
Wednesday, July 10, 2019

President Carlsrud called the meeting to order at 4:45 PM.

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

Others Present: City Administrator Schelkoph, City Auditor Richter, City Attorney Martineck, Public Works Accountant Jacobson, Fire Chief Magnuson, Police Chief Hatcher, Deputy Auditor Klein.

New Business

Approve Gaming Site Authorization Renewal for Edgar A. Fisher American Legion Post No. 60

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

Consider Renewal of Alcoholic Beverage Licenses for VFW Post 2764

City Auditor Richter reported additional information has been received since the last meeting for food and beverage sales. Richter stated food sales significantly exceed alcohol sales.

Elaine Walls, on behalf of VFW, stated October and November figures are not available. A statement from accountant has been submitted. Walls asked the Commission to consider the request to renew. Richter confirmed 10 of 12 months are within parameters.

Commissioner Magnuson asked if the Club license requires this. Richter confirmed it is for any licensee that allows minors to be present.

Walls stated the VFW “behind on sales tax.” Walls stated alcohol sales important for Club. Resident Manager Dayna Vrba stated behind on sales tax for years.

Commissioner Magnuson moved to renew the alcoholic beverage license, seconded by Commissioner Erickson.

Commissioner Powell asked if able to catch up in months. Vrba stated if allowed liquor license would be able to.

Commissioner Bishop would like to see consequences for this; recommend suspension of 3 days. Commissioner Magnuson stated this cannot be addressed now as it requires a hearing.

The motion passed unanimously.

Adjourn

Meeting was adjourned at 5:00 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
Tuesday, ­July 2, 2019

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

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

Members absent: President Carlsrud.

Others Present: City Administrator Schelkoph, City Attorney Martineck, City Auditor Richter, City Assessor Hansen, Public Works Accountant Jacobson, Building/Fire Inspector Andersen, Fire Chief Magnuson, Lieutenant Rustebakke, Chad Petersen from KLJ.

Approval of Agenda – Addition of R1, N4, N5, N6, N7; Removal of N8; R1

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the June 18, 2019 meeting, 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 $2,257,610.33
3. Approve Raffle Permit for Barnes County Ducks Unlimited

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

Public Comments

There were no public comments.

New Business

Approve 2019-2020 Renewal of Gaming Site Authorization for Valley City State University Foundation at Shelly Ellig Field at Lokken Field; W.E. Osmon Fieldhouse; Valley City Town & Country Club; Valley City Eagles Club

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

Approve Application for Property Tax Exemption for Improvements to 478 6^th Ave NW

City Assessor Hansen recommended approval of application. Commissioner Bishop moved to approve the application, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Application for Property Tax Exemption for Improvements at 1034 Viking Drive

City Assessor Hansen recommends approval of application. Commissioner Powell moved to approve the application, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Application for Property Tax Exemption for Improvements at 227 8^th St NW
City Assessor Hansen recommends approval of application. Commissioner Bishop moved to approve the application, seconded by Commissioner Powell. The motion passed unanimously.

Consider Renewal of Alcoholic Beverage Licenses for Woodland Steakhouse

City Auditor Richter reported the application is complete and presented to the Commission as the paperwork was received late. City Attorney Martineck stated the license applications are due the first Monday in June and the Code allows the Commission to hold a separate hearing to determine if the suspension is appropriate. Richter stated the application was submitted after deadline on June 28. The application was late due to requirement confirmation of property taxes paid.

Commissioner Erickson moved to approve the license.

Commissioner Powell asked for clarification if the licenses is approved, what types of penalties apply? Martineck clarified there are no fines associated with violation of this section of code. Richter stated suspension requires a separate hearing.

City Administrator Schelkoph stated the new deadline was implemented last year and license holders were informed of the deadline. Richter clarified the applicant did not meet the 10 AM deadline on June 28.

Commissioner Powell seconded the motion.

Commissioner Powell was not in favor of suspension due to a matter of hours [June 28 deadline]. City Administrator Schelkoph clarified the application was due June 3. Commissioner Bishop spoke against going against the Ordinance. City Attorney Martineck stated the Commission could approve a temporary license until the public hearing; or approve the license and suspend after a public hearing.

The motion passed unanimously.

Consider Renewal of Alcoholic Beverage Licenses for Sabir’s Dining & Lounge

Commissioner Bishop moved to approve the renewal of the license, seconded by Commissioner Erickson. City Auditor Richter stated licensee asked for leniency due to medical issue. Commissioner Magnuson asked for consistency. Commissioner Bishop indicated the licensee needs to come to a hearing.

The motion passed unanimously.

Consider Renewal of Alcoholic Beverage Licenses for VFW Post 2764 subject to complete application and contingent to City Auditor approval
City Auditor Richter reported the City has not received a complete application. Commissioner Erickson moved to deny the renewal of the license, seconded by Commissioner Bishop. The motion passed unanimously.

Removed: Consider Recycling Contract

Resolution

Removed: R1) Approve Resolution No. 2210, a Resolution  Establishing Recycling Utility Rates

Approve Resolution No. 2209, a Resolution Declaring Sufficiency of Protest for Paving Improvement District No. 118 (5^th Avenue NW)

City Auditor Richter stated the City received one protest, which is 3.34%. Commissioner Bishop moved to approve Resolution No. 2209, seconded by Commissioner Powell. Ryan Froemke, property owner, inquired about the protest process. Deedra Froemke, property owner, asked about the storm sewer area and the City will provide a response.

The motion passed unanimously.

City Administrator’s Report

City Administrator Schelkoph reminded residents that use of fireworks ends on July 5 and of appropriate use. Schelkoph provided an update on the recycling contract and indicated that the County Commission will consider support of Valley Recycling. Schelkoph asked the public to continue support of downtown businesses while Central is still under construction.

City Updates & Commission Reports

Chad Petersen from KLJ reported construction continues on Central Avenue, specifically storm sewer and bump out construction. Permanent Flood Protection work continues. Storm Sewer 50 work will begin July 15. Lights for downtown are expected between mid to late September.

Commissioner Magnuson thanked the Commission and city crews for their work and wished everyone a safe and happy 4^th of July.

Adjourn

Meeting adjourned at 5:35 PM.

Duane Magnuson, Vice President of the
City of Valley City Commission

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

Valley City Commission Proceedings
Tuesday, ­June 18, 2019
5:00 PM

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 Martineck (by phone), City Assessor Hansen, Public Works Accountant Jacobson, Building/Fire Inspector Andersen, Fire Chief Magnuson, Police Chief Hatcher, Deputy Auditor Klein, Chad Petersen from KLJ.

Approval of Agenda – Addition of Consent D.h., F, R1; Removal of N1

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the June 4 and June 11, 2019 meetings, seconded by Commissioner Powell. Motion carried.

Approval of Consent Agenda

1. Approve Raffle Permit for CHI Mercy Health Foundation and for Shine
2. Approve 2019-2020 Renewal of Cabaret License for Fraternal Order of Eagles Aerie 2192
3. Approve 2019-2020 Renewal of Retail Tobacco Licenses for the following businesses:
   1. Brothers III
   2. County Bottle Shop, Inc. dba The Liquor Locker
   3. Dakota Silver
   4. Dakota Plains Ag at 807 W Main Ave
   5. Dakota Plains Ag at 151 9^th Ave NW
   6. Eagles Aerie Club 2192
   7. Family Dollar, Inc.
   8. Farmers Union Oil Company of Moorhead dba PetroServe USA #071
   9. Leevers Foods, Inc. at 148 South Central Ave
   10. Leevers Foods, Inc. at 424 2^nd Ave NE
   11. And all complete licenses received before 10 AM, on Friday, June 28.
4. Approve Renewal of Alcoholic Beverage Licenses for the following businesses:
   1. Boomer’s Corner Keg
   2. Captain’s Pub
   3. County Bottle Shop, Inc. dba The Liquor Locker
   4. Dakota Silver
   5. Jimmy’s Pizza
   6. Town & Country Club
   7. VC Developers LLC dba Bridges Bar & Grill
   8. American Legion Post 60
   9. And all complete license applications received before 10 AM, on Friday, June 28 and approved by the Police Chief, Fire Chief and Auditor
5. Approve Block off the Street Request for Valley City Chamber of Commerce on Central Avenue N and on 2^nd Street N for Summer Nights on Central on July 11, 18 and 25, 2019
6. Approve Block off the Street Request for On the Move for Let’s Walk Valley City on Chautauqua Blvd from 6^th Street NE to 12^th Street NE on July 22, 2019

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

Public Comments

Lloyd Nelson spoke regarding Public Comments procedures. President Carlsrud stated answers can be provided at City Hall.

Public Hearing

Public Hearing for Transfer of Class B and Class C Alcoholic Beverage Licenses to Dakota Silver, LLC
President Carlsrud declared the public hearing open. There were no comments. Commissioner Bishop moved to close the public hearing, seconded by Commissioner Magnuson. The motion passed unanimously.

Consider Transfer of Class B and Class C Alcoholic Beverage Licenses to Dakota Silver, LLC
Commissioner Erickson moved to transfer the Class B & Class C Alcoholic Beverage Licenses to Dakota Silver, LLC; seconded by Commissioner Magnuson. The motion passed unanimously.

Resolution

Approve Resolution No. 2208, a Resolution Approving Replat of Lot 9, South Valley Addition

City Administrator Schelkoph reported the replat of Lot 9, South Valley Addition was submitted and the Planning & Zoning Commission recommends the approval of this replat. Commissioner Magnuson moved to approve Resolution No. 2208, seconded by Commissioner Powell. The motion passed unanimously.

New Business

Removed: N1) Consider 2019-2020 Renewal of Class B & Class G Alcoholic Beverage Licenses for Brockopp Brewing, LLC with 6 month extension for construction pursuant to V.C.M.C. 4-01-11(1.b.iii)

Approve Special Alcohol Event Permit for Valley City Eagles Aerie 2192 on Central Avenue for Summer Nights on Central Event on July 11, 18 and 25, 2019

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

Approve Appointing Board Members for the following open positions, effective July 1, 2019

1. Valley City Barnes County Library Board for 3 year term – Joseph DeMasi, Tim Kadrmas
2. Planning & Zoning Commission for 5 year term – Jim Wright
3. Renaissance Zone Board for 3 year term – Kristi Anderson, Jim Knutson, Anthony Kobbervig
4. Special Assessment Commission for 6 year term – Paul Dahlberg
5. Zoning Board of Adjustment (Variance) for 3 year term – Anthony Kobbervig, Mike Schell

Commissioner Powell moved to approve the appointments, seconded by Commissioner Magnuson.

Commissioner Bishop and Commissioner Powell thanked the committee members.

The motion passed unanimously.

Approve Administration of City of Valley City’s local sales, use and gross receipts taxes by State Tax Commissioner for 2019 – 2021 biennium

City Auditor Richter reported the rate has not changed but the monthly rate has been reduced to lower volume of taxes from $44 per month to $35 per month. Commissioner Erickson moved to approve the contract, seconded by Commissioner Bishop. The motion passed unanimously.

Consider recommendation from Visitors Committee for Image Enhancement Grants for Josh & Alison Kasowski in an amount up to $1,000 for new business signage and in an amount up to $2,250 for renovation of exposed parapet wall

City Administrator Schelkoph reported Ivy Real Estate Group is seeking grants for signage and building repair. Visitors Committee provided a due pass recommendation. Commissioner Magnuson moved to approve the grants as recommended, seconded by Commissioner Powell. The motion passed unanimously.

City Administrator’s Report

There was no City Administrator’s report.

City Updates & Commission Reports

City Auditor Richter stated the City will begin preparing for the 2020 budget with distribution to the City Commission on July 17.

Fire Chief Magnuson thanked the Schelkoph family for the training opportunity.

Commissioner Powell complimented the hard work downtown.

President Carlsrud thanked employees for the Rally in the Valley prep work. Carlsrud thanked the committee and board members for agreeing to serve.

Adjourn

Meeting was adjourned at 5:21 PM.

Dave Carlsrud, President of the
City of Valley City Commission

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

Special Valley City Commission Proceedings
Tuesday, June 11, 2019
12:00 PM, City Hall

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

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

Members absent: Commissioner Powell, Commissioner Erickson.

Others Present: City Administrator Schelkoph, City Auditor Richter, City Attorney Martineck.

New Business

Approve Special Alcohol Beverage Event Permit for American Legion on June 15, 2019 in its green space and patio

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

Adjourn

Meeting was adjourned at 12:02 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
Tuesday, June 4, 2019
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 Martineck, City Assessor Hansen, Public Works Accountant Jacobson, Building/Fire Inspector Andersen, Fire Chief Magnuson, Police Chief Hatcher, Deputy Auditor Klein, Chad Petersen from KLJ.

Agenda: Addition of Consent H, I, N11, N13, N14; Removal of N5

Approval of Minutes

Commissioner Powell moved to approve the minutes from the May 21, 2019 meeting, seconded by Commissioner Erickson. Motion carried.

Proclamation Declaring Block Parties

President Carlsrud read the Block Party Proclamation. Sharon Buhr invited the public to participate.

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 $2,419,875.37
3. Approve Raffle for ND Red Knights Chapter 1
4. Approve Electrician License for JDP Electric, Inc.; Scott Roemmich Electric, LLC
5. Approve Rally in the Valley Parade on June 15, 2019 on Central Avenue from 12^th Avenue NW to Main Street
6. Approve Application to Block off Street for Valley City Chamber of Commerce for Crazy Dayz on July 24, 2019 on Central Avenue from 2^nd Street N to 4^th Street N and 3^rd Street N from alley by Nearly Nu to alley by Times Record
7. Approve Application to Block off Street for Valley City Chamber of Commerce for Rally in the Valley on June 15, 2019 on Central Avenue from 5^th Street N to Main Street
8. Approve Application to Block off Street for St. Paul’s Lutheran Church for Rally in the Valley Kids Carnival on June 15, 2019 on 3^rd Street NW from 2^nd Avenue NW to Alley
9. Approve Application to Block off Street for Captain’s Pub on June 15, 2019 on Main Street from 2^nd Avenue to Central Avenue

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

Public Comments

There were no public comments.

Public Hearing

Open Public Hearing regarding Special Assessments confirmed by the Special Assessment Commission for Sanitary Sewer Improvement District No. 62

President Carlsrud declared the public hearing open. City Auditor Richter stated the Special Assessment Commission met on May 22, 2019 and approved the costs as presented. The citizens will be assessed ½ of cost for the reline project up to $3,000 residential properties or $4,500 for commercial properties.

City Auditor Richter stated letters are sent to the property owner for Special Assessment Commission hearing and the Commission hearing.

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

Approve Special Assessments as recommended by the Special Assessment Commission for Sanitary Sewer Improvement District No. 62

Commissioner Magnuson moved to approve the Special Assessments as recommended by the Special Assessment Commission for Sanitary Sewer Improvement District No. 62, seconded by Commissioner Bishop. The motion passed unanimously.

Open Public Hearing regarding Special Assessments confirmed by the Special Assessment Commission for Paving Improvement District No. 117

President Carlsrud declared public hearing open. City Auditor Richter reported there is a change recommended for this project, with recommendation for 4 twin homes properties at $1,828.49 each and remaining properties to $3,656.97. The Special Assessment Commission concurred with this change. Jim Nelson, property owner, spoke in favor of this change.

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

Approve Special Assessments as recommended by the Special Assessment Commission for Paving Improvement District No. 117

Commissioner Bishop moved to approve the Special Assessments as recommended by the Special Assessment Commission for Paving Improvement District No. 117, 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. 114

President Carlsrud declared the public hearing open. City Auditor Richter reported Special Assessment Commission received no comments from property owners and recommends approval as presented. The rate after NDDOT funds were applied was $23.52 per linear foot with ½ of cost to the property owner.

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

Approve Special Assessments as recommended by the Special Assessment Commission for Paving Improvement District No. 114

Commissioner Bishop moved to approve the Special Assessments as recommended by the Special Assessment Commission for Paving Improvement District No. 114, seconded by Commissioner Powell. The motion passed unanimously.

Open Public Hearing regarding Special Assessments confirmed by the Special Assessment Commission for Storm Sewer Improvement District No. 51

President Carlsrud declared public hearing open. City Auditor Richter reported Special Assessment Commission approved and recommended assessments as prepared.

Commissioner Powell moved to close the hearing, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Special Assessments as recommended by the Special Assessment Commission for Storm Sewer Improvement District No. 51

Commissioner Magnuson moved to approve the Special Assessments as recommended by the Special Assessment Commission, seconded by Commissioner Bishop. The motion passed unanimously.

Resolution

Consider Resolution No. 2207, a Resolution accepting Bid and Awarding Contract for Permanent Flood Protection Phase 2A and Permanent Flood Protection Phase 3 to Reiner Contracting, Inc. in the amount of $3,885,067.09

Chad Petersen from KLJ reported bid opening occurred on May 3, 2019 for Permanent Flood Protection Phase 2A & 3. Three bids were received. This project has an 80% state cost share and 20% local cost share. The notice to proceed will be issued after a pre-construction meeting for Phase 2A. Phase 3 is pending a State Water Commission permit.

Commissioner Magnuson moved to approve Resolution No. 2207, seconded by Commissioner Powell. The motion passed unanimously.

New Business

Consider approving Construction Engineering Agreement for Permanent Flood Protection Phase 2A with KLJ in an amount not to exceed $315,000

Chad Petersen from KLJ reported this is an amendment to Phase 2 contract. The agreement will add $270,000 for construction engineering for Phase 2A and remainder to close out all of Phase 2 & 2A. There is an 80% state cost share 20% local cost share.

Commissioner Powell moved to approve the construction engineering agreement, seconded by Commissioner Magnuson. The motion passed unanimously.

Consider approving Construction Engineering Agreement for Project No. SU-SS-2-990(053)057 (Storm Sewer Improvement District No. 50) with KLJ in an amount not to exceed $175,500 (KLJ)

Chad Petersen from KLJ reported the City approved construction agreement on May 14. This is the construction engineering agreement. A proposed start date is July 8.

Commissioner Bishop moved to approve the construction engineering agreement, seconded by Commissioner Magnuson. The motion passed unanimously.

Discuss Harm Reduction Services & Syringe Services Program

Theresa Will, City County Health District Director, stated the goal of the syringe services program is to reduce the spread of HIV and hepatitis. Participants are 5 times more likely to enter treatment. A community meeting will be held on June 27. Fargo, Mandan and Minot have syringe services programs. Valley City would be the fourth program in the state. Adam Martin, F5 Project, spoke about the peer services that will be integrated in the syringe services program. CCHD will be submitting a draft plan to NDDOH. Police Chief Hatcher spoke in support of the program.

Commissioner Bishop moved for the City Commission to support the program, seconded by Commissioner Erickson. The motion passed unanimously.

Consider funding for South Central Adult Services

Pat Hansen, Director, stated increasing fares is not an option for South Central Adult Services. Hansen requested $10,000 now and $20,000 available in 2020.

Commissioner Powell moved to award $10,000 for South Central Adult Services for remainder of 2019 with funding through the VCPD budget as a project has been delayed, seconded by Commissioner Magnuson. City Administrator Schelkoph concurred the money come from the VCPD budget. The motion passed unanimously.

Commissioner Powell left meeting at 5:47 PM.

Removed: N5) Consider surcharge for Credit Card Use

Approve Electrical Department contribution of material and labor to the Hi-Liner Athletic Complex Phase II

City Administrator Schelkoph stated the City will install single-phase line instead of three-phase line underground which will lead to a reduced demand charge to the City due to installation of LED lights. The cost for the work is $14,000. Schelkoph recommends approval with conditions that the contractor provide trenching and the LED lights are installed. Schelkoph confirmed Valley City Public Schools has agreed to terms.

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

Application for Property Tax Exemption for Improvements to Residential Building at 421 3^rd Avenue NW

City Assessor Hansen recommends approval of this application. Commissioner Magnuson moved to approve the application, seconded by Commissioner Bishop. The motion passed unanimously.

N8) Approve Annual Gaming Site Authorization for ND Wildlife Federation at Eagles on April 4, 2020

N9) Approve Annual Gaming Site Authorization for Thundering Saints, Inc. at Boomer’s Corner Keg

N10) Approve Annual Gaming Site Authorization for Valley City Hockey & Figure Skating Club at Valley City Town & Country Club

N11) Approve Annual Gaming Site Authorization for Valley Twisters Gymnastics Club at Bridges
Bar & Grill

Commissioner Bishop moved to approve N8, N9, N10, and N11, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Special Alcohol Event Permit for Boomer’s Corner Keg on June 16, 2019 at Dakota Riders MC Hillclimb

Commissioner Magnuson moved to approve special alcohol beverage event permit for Boomer’s Corner Keg, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Special Alcohol Event Permit for VFW Post 2764 on June 15, 2019 at Rally in the Valley Street Dance

Commissioner Erickson moved to approve special alcohol beverage event permit for VFW Post 2764, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Special Alcohol Event Permit for Captain’s Pub on June 15, 2019 at Rally in the Valley Street Dance 

Commissioner Erickson moved to approve special alcohol beverage event permit for Captain’s Pub, seconded by Commissioner Magnuson. The motion passed unanimously.

City Administrator’s Report

There was no City Administrator’s report.

City Updates & Commission Reports

City Assessor Hansen attended the County Equalization meeting with no protests by city property owners. Hansen reviewed changes submitted to the County Equalization board for approval (421 3^rd Ave NE and annexation of Roserock Holdings land) and will attend the state equalization meeting.

Chad Petersen from KLJ reported Main Street will be open on Friday this week; Phase I of Streetscape will be complete this week and open next week. Storm Sewer 50 pre-construction meeting will be held at the end of month and a Permanent Flood Protection Phase IIA & III meeting will be scheduled.

Commissioner Bishop thanked public for patience with construction.

Commissioner Magnuson stated Main Street & Central are coming along nicely. Thanks to public for supporting downtown.

President Carlsrud thanked city workers and contractors.

Adjourn

Meeting was adjourned at 6:02 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
Tuesday, May 21, 2019
5:00 PM, City Hall

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

Members present: Commissioner Erickson, Commissioner Powell.

Members absents: Commissioner Magnuson, Commissioner Bishop.

Others Present: City Administrator Schelkoph, City Auditor Richter, City Attorney Martineck, City Assessor Hansen, Building/Fire Inspector Andersen, Fire Chief Magnuson, Police Chief Hatcher, Chad Petersen from KLJ.

Approval of Agenda – Addition of N3 & N4, Consent C

Approval of Minutes

Commissioner Erickson moved to approve the minutes from May 7 & May 14, 2019 meetings, seconded by Commissioner Powell. Motion carried.

Approval of Consent Agenda

1. Approve Raffle Permit for Bridge City Cruisers
2. Approve Plumbing License for Ace Plumbing and Tim’s Plumbing, LLC
3. Approve Raffle Permit for Sheyenne River Valley National Scenic Byway Foundation

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

Resolution

Approve Resolution No. 2204, 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)

Chad Petersen from KLJ stated the Documented Catex serves as the preliminary engineer’s report. Bid opening is planned for November 8, 2019 with final plans due August 1, 2019 to NDDOT. Commissioner Powell moved to approve Resolution No. 2204, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Resolution No. 2205, a resolution declaring necessity of improvements in Paving Improvement District No. 118 (5^th Avenue NW)

Chad Petersen from KLJ stated notifications to property owners and publication will done this week with an upcoming public meeting regarding special assessments. Commissioner Erickson moved to approve Resolution No. 2205, seconded by Commissioner Powell. The motion passed unanimously.

Approve Resolution No. 2206, a Resolution Authorizing the Issuance and Sale of $746,000 Storm Water Assessment Warrant, Series 2019 (Storm Sewer Improvement District No. 50)

City Auditor Richter reported the City applied for a State Revolving Loan Fund for Storm Sewer Improvement District No. 50. At that time, the district was bigger and the fund request was at $746,000. Richter is waiting for confirmation from Bank of ND that the City may take a lower amount, between $400,000 to $425,000 (estimated special assessment amount). The City will draw when the project is complete and begin incurring interest at that time, which is set at 2%. Commissioner Powell moved to approve Resolution No. 2206, seconded by Commissioner Erickson. The motion passed unanimously.

New Business

Consider options for Valley Recycling Contract

City Auditor Richter asked for clarity regarding the Profit & Loss statement. President Carlsrud inquired about possible rate increase. Faul stated this would allow him to put out all dumpsters and encourage small businesses to share dumpsters with possibility to bag different products and place in one dumpster. Faul expects bigger businesses to still pay for dumpster rental. Faul is considering option to crush glass.

President Carlsrud stated the City has quotes from Waste Management and recommends a committee weigh the options. Commissioner Erickson reminded that the contract is up in June and decisions need to be made soon. City Attorney Martineck could take action at the next meeting or allow Faul to rescind his notice. Commissioner Erickson and Commissioner Powell volunteered to serve on the committee with a meeting Friday, May 24 at 6 AM.

Receive transit report from South Central Adult Services
Pat Hansen reviewed the impact of funding without City $20,000. Hansen is recommending shutting down the taxi service without increasing rates to transit service. In order to do so, Hansen needs to have public meeting with 21 day notice and then cannot shut down within 30 days of hearing. If fares are increased, Hansen expects a loss of federal funding. Commissioner Powell asked for clarification regarding taxi drivers.

Hilde van Gijssel, taxi driver, stated she was surprised by number of riders got to work via taxi.

John Thompson, spoke in favor of providing adequate funding for services.

Commissioner Powell asked if $10,000 would allow South Central Adult Services to get through until January. Hansen stated yes.

Commissioner Erickson recommended placing request on agenda again. President Carlsrud said this can be brought back at next meeting.

Approve Special Alcohol Beverage Event Permit for The Labor Club on June 8, 2019

Kerry Anderson spoke in favor of the taxi service. Anderson stated the application is for the Labor Club’s 20^th Anniversary Party which will include a dance. Anderson inquired about dropping power in the parking lot. Commissioner Powell moved to approve the application, seconded by Commissioner Erickson. The motion passed unanimously.

Consider Block off the Street Request for VFW on May 27, 2019 on 100 block of Main Street East

City Auditor Richter reported the indemnification agreement was signed “under protest.” City Attorney Martineck stated if there were damages, could argue that VFW signed “under protest” or doesn’t understand which means there may be legal issues if damages occur. Commissioner Powell recommended the VFW fill the form out again and agree to indemnity clause, as not to leave the City liable. The Police Chief and VCPW will need to approve as well. Commissioner Erickson wanted the Application to Block off the Street application and the “under protest” language removed.

Commissioner Erickson moved to approve under stipulation that proper form is completed and extra language is removed, seconded by Commissioner Powell. The motion passed unanimously.

City Administrator Report

There was no City Administrator report.

CITY UPDATES

Building Inspector Andersen asked the public to please remember Memorial Day.

Chad Petersen from KLJ reported work on Central Ave Streetscape is progressing with three of the four bump outs poured. Plan is to have work completed by June 7 with Phase II to begin after Rally in the Valley. The concrete street on Main is complete, work continues along roadway until June 7.

Commissioner Powell encouraged people to be downtown and take a look at the bump outs.

President Carlsrud encouraged people to shop and eat downtown. Thanked employees for their work.

Adjourn

Meeting was adjourned at 6:04 P.M.

Dave Carlsrud, President of the
City of Valley City Commission

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

Special Valley City Commission Proceedings
Tuesday, May 14, 2019
7:00 AM, 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, City Auditor Richter, City Attorney Martineck, Public Works Accountant Jacobson, Fire Chief Magnuson, Police Chief Hatcher, Chad Petersen from KLJ.

Resolution

Consider Resolution No. 2203, a Resolution accepting Bid and Awarding Contract for Storm Sewer Improvement District No. 50

City Administrator Schelkoph stated the bids were $160,000 over the Engineer’s Estimate, mostly due to underground boring. Schelkoph reported boring costs have increased recently and the bids are in line with what other cities have received. Schelkoph expects no change in bids if project is bid again. Bids came in at $0.92 per square foot for the local share. The 2012 9^th Avenue NW Storm Sewer costs came in at $0.27 per square foot. Schelkoph outlined the percentage assessed and the cost per square foot options. Schelkoph recommends 35% of the local share be assessed which is $0.32 per square foot.

Schelkoph stated the R&R fund can cash flow this project, however there will be an impact to future projects. Schelkoph believes the future funding from the Prairie Dog Bill will allow the city to address this overage. Schelkoph will call for a special commission meeting in June to address the Prairie Dog Bill, the future of infrastructure projects and cost ratios.

Schelkoph expects the City will be able to maintain the near term projects if the 35% or $0.32 is assessed.

Schelkoph stated since the project was first planned, properties have installed detention ponds.

Chad Petersen from KLJ reviewed the stormwater management plans from the three properties; looking at the discharge pipes and the rate of discharge flows. For Stoudt Ross Ford, Petersen recommends 61.24% reduction, Grand Stay Hotel at 15.75% reduction, USDA at 14.68% reduction.

Schelkoph stated during rain events, Wintershow Drive will flood which leads to erosion issues and stalled cars. In the past, water would drain into the former gravel pit. With the development of the area, the 18” pipe is not adequate to handle the flows. The proposed project provides a 36” pipe to handle the flows. The storm sewer will divert water to the south into the interstate right of way.

Petersen stated federal and state cost share is 45% of construction costs. For the portions in NDDOT right of way and urban road system, 80% of construction costs will be covered.

Petersen does not expect boring costs to go down with future bidding.

Commissioner Magnuson asked what the worst case scenario is if the project is delayed a couple years.

Petersen stated dollars have been planned since 2014. The City risks losing federal dollars programmed for 2019. Petersen does not foresee additional federal dollars available for this project as portions are outside urban road system.

Petersen expects availability of contractors and potential for increasing costs due to additional work available through Prairie Dog bill.

Commissioner Magnuson would prefer to reduce the cost of the projects with the Prairie Dog bill money versus additional projects.

Commissioner Bishop concerned spending money [Prairie Dog bill] that the City doesn’t have yet.

Petersen stated each time the hill washes out, there is recovery time and costs involved to VCPW.

Magnuson stated the City might be better able to handle costs further down the road.

City Auditor Richter would have $1 mil carry over and have cash flow in 2019 to cover costs of this project. Richter reported State Revolving Loan funds have been received.

Schelkoph stated this is a good plan with prices that have been confirmed, not sure if better time.

Petersen stated the cost was prohibitive to add curb and gutter on hill. Schelkoph stated VCPW has added drainage tile to address springs on 4^th Avenue.

Petersen would need to review with NDDOT if federal money is available to the City.

Commissioner Powell stated if the City waits 4 years, with inflation at two percent it is still an $150,000 increase to the City.

Commissioner Magnuson wants to build up the R&R fud

Commissioner Magnuson moved to proceed forward with project, seconded by Commissioner Powell.

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

New Business

Consider request from South Central Adult Services for $20,000 to support transit program

City Administrator Schelkoph reported budgets have been created to reflect work plans. If approved, recommends taking $20,000 from VCPW which impacts the cash reserves that have been built up for the Service Center project.

Commissioner Powell stated this is good cause, but not in budget.

Schelkoph stated the county is giving $100,000 which in essence is 25% from citizens of VC.

Commissioner Magnuson stated this is a well needed service which should be budgeted and requested during budget season.

Commissioner Erickson asked South Central Adult Services to come up with ideas to generate moneys.

President Carlsrud asked staff to offer flat budgets. Carlsrud would like to see some adjustment in transit rates.

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

Consider options for Valley Recycling Contract

Commissioner Erickson reported Valley City Recycling is working on business plan. Commissioner Magnuson expect recycling to stay open. Commissioner Erickson offered a possible increased cost to households. Schelkoph stated there are approximately 2400 residential VCPW accounts and 200 commercial accounts. Consensus was to review at the May 21 meeting.

Approve Emergency Repair of Standpipe Water Tower in the amount of $52,500

City Administrator Schelkoph reported the roof of the standpipe water tower fell and blew off in last storm. Reports indicate that when ice broke it broke into the water and then bobbed into the roof, breaking supports.

Schelkoph stated a temporary repair is not possible. Schelkoph recommends repairing the roof and finding a solution for the future as insurance will cover $44,000 and the City’s cost has increased with this claim.

Commissioner Erickson moved to repair with direction look at future plans, seconded by Commissioner Bishop. The motion passed unanimously.

Adjourn

Meeting was adjourned at 8:06 AM.

Dave Carlsrud, President of the
City of Valley City Commission

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