Valley City Commission Proceedings
Tuesday, May 7, 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

Members absent: 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.

Approval of Agenda

Removal of R1 & N3

Approval of Minutes

Commissioner Powell moved to approve the minutes from the April 16 and April 25, 2019 meetings, seconded by Commissioner Bishop. 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 $2,862,367.57
3. Approve Mechanical Contractor License for 7 C’s Heating & Cooling, LLC
4. Approve Application to Block off Street for Bridge City Cruisers on June 15, 2019 for 100 block of East Main; 1^st, 2^nd, 3^rd, and 4^th blocks of Central Avenue N, 2^nd Street NE to Taco John’s, 2^nd Street NW to Wells Fargo drive in
5. Approve Parade Application for Bridge City Cruisers on June 15, 2019 on Central Avenue N

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

Public Comments

There were no public comments.

Resolution

Removed R1) Consider Resolution No. 2203, a Resolution accepting Bid and Awarding Contract for Storm Sewer Improvement District No. 50

Approve Resolution No. 2200, a Resolution creating Water Main Improvement District No. 101 for 2020 5^th Avenue NW Reconstruction Project

Chad Petersen from KLJ reported Resolution No. 2220 includes properties impacted by the watermain work on 5^th Avenue NW. Commissioner Powell moved to approve Resolution No. 2200, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Resolution No. 2201, a Resolution creating Sanitary Sewer Improvement District No. 65 for 2020 5^th Avenue NW Reconstruction Project

Chad Petersen from KLJ reported the Resolution includes the sanitary sewer work part of 5^th Avenue NW reconstruction. Commissioner Magnuson moved to approve Resolution No. 2201, seconded by Commissioner Powell. The motion passed unanimously.

Approve Resolution No. 2202, a Resolution creating Storm Sewer Improvement District No. 53 for 2020 5^th Avenue NW Reconstruction Project

Chad Petersen from KLJ reported the Resolution identifies the properties impacted by the storm sewer work part of 5^th Avenue NW Reconstruction. Commissioner Bishop moved to approve Resolution No. 2202, seconded by Commissioner Magnuson. The motion passed unanimously.

New Business

Consider decision document for 5^th Avenue NW Reconstruction Project (NDDOT Project No. SU-2-990(059)

Chad Petersen from KLJ reported the delay in bid opening was due to federal funding availability. A second public input meeting was held to discuss alternatives with 46 attendees, with materials provided to Commission [April 2, 2019 Finance Meeting]. Since there was an opportunity for public comment, Petersen stated the Commission needs to determine if the project will be completed and with which alternatives.

Commissioner Powell moved to approve Decision Document with Alternate C – 34 foot build with parking on one side where the difference between Alternative B & C is paid from the R&R fund (approximately $60,000), seconded by President Carlsrud.

Roll call: Magnuson – nay; Bishop – nay; Powell – aye; Carlsrud – aye.

City Auditor Richter stated a tie is a failed vote.

Commissioner Bishop stated citizens want no wider street and keep parking. Commissioner Powell believed people changed mind at/after second public input meeting.

Petersen stated the project is programmed for 2019 fiscal dollars, if the dollars are not allocated or spent in 2019, the City risks losing the funds.

Commissioner Magnuson concerned about property owners without access to property during project, and some citizens who do not want project to proceed.

Commissioner Powell asked the Commission to use the comments from the second meeting when property owners were more informed.

Petersen stated the final plans need to be submitted by August 1 which means preliminary plans need to be sent to the NDDOT by/around July 1. Prior to the July deadline, the environmental documents which include the decision document need to be submitted.

Petersen reviewed comments received for second public input meeting.

City Auditor Richter reported the district has been created, the property owners can still protest out the project as declaration of necessity has not been made.

Commissioner Bishop made a motion to reconsider the vote, seconded by Commissioner Magnuson. Motion carried.

Commissioner Powell moved for the project to go forward with confirmation of the 34’ wide street with parking on one side with the difference coming from the R&R fund, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Conditional Use Permit for Hochhalter Photography at 114 3^rd Street SE

City Attorney Martineck reported the Planning & Zoning Commission considered options for this request including either a re-zone or a Conditional Use Permit. The Planning & Zoning Commission recommends a Conditional Use Permit with signage to conform with R-4 requirements and that the property not be rented out for residential use. Commissioner Magnuson moved to approve the Conditional Use Permit, seconded by Commissioner Powell. The motion passed unanimously.

Removed: N3) Consider request from South Central Adult Services for $20,000 to support transit program

Approve 2019 Sidewalk Replacement bid from Mike’s Construction & Repair in the amount of $67,838.00

City Administrator Schelkoph reported e bids were received for the sidewalk replacement. Commissioner Bishop moved to approve the 2019 Sidewalk Replacement Bid from Mike’s Construction & Repair in the amount of $67,838, seconded by Commissioner Magnuson.

Approve Application for Property Tax Exemption for Improvements to Residential Building at 304 5^th Avenue NE

Assessor Hansen recommends approval for this application. Commissioner Bishop moved to approve the Application for Property Tax Exemption for Improvements at 304 5^th Avenue NE, seconded by Commissioner Powell. The motion passed unanimously.

Approve Application for Property Tax Exemption for Improvements to Residential Building at 560 4^th Street NW

Assessor Hansen recommends approve for this application. Commissioner Powell moved to approve the Application for Property Tax Exemption for Improvements at 560 4^th Street NW, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve 2019-2020 Gaming Site Authorization Renewal for Valley City Eagles Aerie 2192 Fraternal Order of Eagles at Eagles; Captain’s Pub; The Labor Club; My Bar Valley City LLC; Hi-Line Hospitality, LLC dba City Lights; Main Street Off Sale LLC dba Tavern 94

City Auditor Richter reported no significant changes in the annual renewal request. Commissioner Magnuson moved to approve the 2019-2020 Gamin Site Authorization Renewals for Valley City Eagles Aerie 2192, seconded by Commissioner Powell. The motion passed unanimously.

City Administrator’s Report

City Administrator Schelkoph reported that with Streetscape I, Central Avenue is closed; in addition, Main Street is closed. Both will be open for Rally in the Valley.

City Updates & Commission Reports

City Attorney Martineck reported Planning & Zoning Commission voted to move its meeting to the second Wednesday of the month beginning in June. A Social Media Committee has been established. CHI Mercy Health is provided an employee training event addressing workplace and domestic violence training.

Building/Fire Inspector Andersen reminded citizens cleanup week is next week. Property maintenance violations will be sent after cleanup week.

Chad Petersen from KLJ reported Central Avenue will be open for Rally in the Valley. Bids were received for Phase IIA & Phase III of Permanent Flood Protection – looking to clarify a few items before awarding the contract. If property owner have concern, contact KLJ regarding the pilings.

Commissioner Powell appreciated positive attitude from downtown businesses.

Commissioner Magnuson asked the public to support businesses on Central Avenue, be careful for street closures and be patient.

President Carlsrud thanked VCFD for cleanup efforts; thanked media for attending Main Street Initiative celebration last week. Carlsrud offered thanks to city cleanup crews. Cleanup properties. Support downtown.

Adjourn

Meeting was adjourned at 5;44 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
Thursday, April 25, 2019
5:45 PM, City Hall

President Carlsrud called the meeting to order at 5:45 PM.

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

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

New Business

Approve Raffle Permit for Valley City Kiwanis Club
Commissioner Erickson moved to approve the raffle permit, seconded by Commissioner Bishop. The motion passed unanimously.

Adjourn

Meeting was adjourned at 5:50 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, April 16, 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.

Arbor Day Proclamation

President Carlsrud read the Arbor Day Proclamation, proclaiming May 3, 2019 as Arbor Day.

Approval of Agenda – Addition of N9

Approval of Minutes

Commissioner Bishop moved to approve the minutes from April 2, 2019 & April 9, 2019 Board of Equalization meetings, seconded by Commissioner Powell. Motion carried.

Approval of Consent Agenda

1. Approve Raffle Permit for Barnes County Wildlife Federation, Disabled American Veterans
2. Approve Block off the Street for Valley City Fire Department on Central Avenue from 4^th Street to 5^th Street N on May 1, 2019
3. Approve Block off Street for Valley City High School Prom on May 4, 2019 on 4^th Street NW from Central Avenue to 2^nd Avenue
4. Approve Electrician and/or Plumber License for Hope Electric; Wrigley Mechanical, Inc.

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

Public Comments

There were no public comments.

Resolution

R1) Consider Resolution No. 2195, a Resolution Accepting Bid and Awarding Contract for Paving Improvement District No. 119

R2) Consider Resolution No. 2196, a Resolution Accepting Bid and Awarding Contract for Paving Improvement District No. 119B

R3) Consider Resolution No. 2197, a Resolution Accepting Bid and Awarding Contract for Sanitary Sewer No. 64

R4) Consider Resolution No. 2198, a Resolution Accepting Bid and Awarding Contract for Storm Sewer Improvement District No. 52

R5) Consider Resolution No. 2199, a Resolution Accepting Bid and Awarding Contract for Water Main Improvement District No. 100

Chad Petersen from KLJ reported two bids for Paving Improvement Districts No. 119 & 119B, Sanitary Sewer Improvement District No. 64, Storm Sewer Improvement District No. 52, Water Main Improvement District No. 100 were received on April 3, 2019 as one contract. The engineer’s estimate was $2,891,161.70. The low bid was $3,346,199.25 which is 15.74% over Engineer’s estimate. The impact to the R&R fund is in excess of $360,000 as additional costs would be bore by the City due to existing caps to property owners. Due to impact to future projects, Petersen recommends postponing and re-biding the project in fall 2019. City Administrator Schelkoph concurred with Petersen.

Commissioner Magnuson moved to reject items R1 – R5, as the bids were over estimate, seconded by Commissioner Erickson.

Commissioner Powell inquired about factors to the overage. Petersen reported the concrete and storm sewer portions of the project were over estimate. Petersen also stated bids may be high due to the timing of the bid, completion/start dates.

The motion passed unanimously.

New Business

Consider transferring Access easement from the NDDOT (Love’s development) to create a right of way easement for the city that will support the extension of a south side frontage road along the interstate

City Administrator Schelkoph asked the Commission for approval to create a city street within the newly annexed portion of the City. NDDOT has retained access and ownership of the west side of Love’s property to ensure access for Swanberg Construction. To resolve the issue, Schelkoph asked NDDOT to allow the City to take over the easement which allows access to both Swanberg Construction & Love’s development. Schelkoph asked the Commission for permission to begin negotiations with NDDOT. Schelkoph stated his vision is to provide a frontage road along the south side of interstate while maintaining public access for Swanberg Construction and future development. Love’s will construct the road to the current guidelines and specifications of the City.

Commissioner Powell moved to approve the transfer of the access easement from NDDOT, seconded by Commissioner Bishop. The motion passed unanimously.

Approve bid for Electrical Department bucket truck from Terex in the amount of $221,650.00

City Administrator Schelkoph stated the City received two bids for a bucket truck to replace the old aerial truck. Schelkoph recommends accepting the low bid. Commissioner Bishop inquired if the current truck will be traded in. Schelkoph expects to sell the truck through bid process.

Commissioner Bishop moved to approve bid for purchase of bucket truck from Terex in the amount of $221,650; seconded by Commissioner Erickson. The motion passed unanimously.

Approve Permanent Flood Protection Phase IV buyout purchase at 310 2^nd Ave SW for $185,000

City Administrator Schelkoph stated the buyouts properties are on the list approved by State Water Commission. Schelkoph stated there is $380,000 available to purchase buyout properties in the future. Schelkoph stated the properties presented today are for the Permanent Flood Protection Phase IV construction project with the exception of 537 4^th Street SW which is in the City’s best interest as it is difficult to protect. The $11 million in construction funds is still being considered in 2019 ND Legislative Session.

Commissioner Erickson moved to approve the Permanent Flood Protection Phase IV buyout at 310 2^nd Avenue SW, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Permanent Flood Protection Phase IV buyout purchase at 206 4^th St SW for $68,000

Commissioner Erickson moved to approve the Permanent Flood Protection at 206 4^th Street SW, seconded by Commissioner Powell. The motion passed unanimously.

Approve Permanent Flood Protection Phase IV buyout purchase at 537 4^th St SW for $114,000

Commissioner Bishop moved to approve the Permanent Flood Protection at 537 4^th Street SW, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Application for Property Tax Exemption for Improvement to Residential Building at 958 2^nd St NW

City Assessor Hansen stated demolition has already begun. The applicant pulled the building permit last week. The guidelines state that “construction must not have begun prior to approval.” Commissioner Powell moved to approve the application for Property Tax Exemption for Improvement at 958 2^nd Street NW, seconded by Commissioner Erickson.

Commissioner Bishop inquired if demolition is part of permit. Building Inspector Andersen stated the City does not issue a demolition permit as part of a remodel. City Administrator Schelkoph recommends approval.

The motion passed unanimously.

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

President Carlsrud stated Pat Hansen, Director of South Central Adult Services inquired if funding approved for 2019. City Auditor Richter stated 2018 request was funded $5,000 from small projects and $15,000 from the electrical fund. President Carlsrud recommended that Hansen be in attendance for discussion. City Administrator Schelkoph recommends that with 60,000 rides a 25 cent rate increase would bring in $30,000. Commissioner Bishop asked to discuss with Hansen in attendance. Consensus was reached to discuss at the May finance and commission meetings.

Approve Special Alcohol Beverage Event Permit for American Legion at VCSU Student Union on April 23, 2019 for Development Corporation & Chamber of Commerce Annual Banquet

Commissioner Magnuson moved to approve the Special Alcohol Beverage Event Permit for American Legion, seconded by Commissioner Erickson. The motion passed unanimously.

Approve Special Alcohol Beverage Event Permit for City Lights at VCSU Student Union on May 9, 2019 for VCSU Employee Recognition Dinner

Commissioner Erickson moved to approve Special Alcohol Beverage Event Permit for City Lights, seconded by Commissioner Bishop. The motion passed unanimously.

City Administrator’s Report

City Administrator Schelkoph reported the Spring 2019 flood threat has bene greatly reduced. The river is less than 12’ and the inputs to lake are going down. A reduction in outflows from dam is expected as early as tomorrow.

City Updates & Commission Reports

Public Works Accountant Jacobson reported on the Tyler Connect conference in Texas; Jacobson is prepared for the migration and changes with Incode 10.
Building Inspector Andersen announced that Cleanup Week is coming; please clean your yards.
Fire Chief Magnuson invited parents and Commissioners to attend Operation Prom Night on May 1. Water is still high – don’t use river yet.
Chad Petersen from KLJ stated Storm Sewer Improvement District No. 50 bids were received last week. Bids are $171,000 over the Engineer’s Estimate and will be discussed at the May 7 meeting. Streetscape Phase I construction is expected to begin in next few weeks. A public meeting for business owners will be held Thursday, April 25 at 6 PM. Permanent Flood Protection Phase II construction: most of floodwalls are done with few 15’ pours and columns remaining. Starting floodwalls by old powerhouse with goal to be done in early June. KLJ expects to do concrete work on Main Street in May-June.
Commissioner Erickson asked the public to please use recycling center, it is open.
Commissioner Powell encouraged the public to read the Times Record news article.
President Carlsrud thanked Times Record and Newsdakota. Work begins on alleys again. Congratulations to VCHS Speech Team for 3^rd consecutive win.

Adjourn

Meeting was adjourned at 5:49 P.M.

Dave Carlsrud, President of the
City of Valley City Commission

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

2019 Board of Equalization Proceedings
April 9, 2019
4:00 PM City Hall

President Carlsrud presided and continued with roll call.

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

Members absent: Commissioner Powell.

Others Present: City Administrator Schelkoph, Finance Director Richter, Assessor Hansen, City Attorney Martineck, 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 4:04 P.M. City Assessor Sandy Hansen reported the changes in property values within the city for 2019. An overall summary was read and submitted, with the breakdown as follows:

City Assessor Hansen reported the parcel for Love’s Annexation will be added to the rolls with approximately $550,000 of true and full value at the County Equalization meeting as the documents were recorded after the City deadline.

Forty-eight notices of increase were sent out. The following property owners contacted City Assessor Hansen regarding the notice of increase for 2019.

No written comments were received by City Auditor.

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

Commissioner Erickson moved to approve the assessment book as prepared by the City Assessor with the true and full value set at $646,800 for parcel number 63-2900062, seconded by Commissioner Bishop.

Adjourn

The meeting was adjourned at 4:54 p.m.

Dave Carlsrud, President of the
City of Valley City Commission

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