Valley City Commission Proceedings
June 19, 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 (by phone).

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

Block Party Proclamation

President Carlsrud read the Block Party Proclamation and presented to Sharon Buhr.

Approval of Agenda – Remove N7, N8; Addition of N14

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the June 5, 2018 meeting as amended with corrected start time, seconded by Commissioner Magnuson. The motion passed unanimously.

Approval of Consent Agenda

A. Approve alcoholic beverage licenses for the following businesses:

a. American Legion Club
b. Boomer’s Corner Keg
c. Budget Burger
d. Captain’s Pub
e. Chinese Palace
f. Dakota Silver
g. Eagles Club
h. City Lights
i. Jimmy’s Pizza
j. Tavern Ninety-Four
k. My Bar Valley City, LLC
l. RND Inc. dba NuBar
m. Sabir’s Dining & Lounge
n. The Labor Club
o. The Liquor Locker
p. Town & Country Club
q. VC Developers LLC dba Bridges Bar & Grill
r. VFW Post
s. Woodland Steakhouse Bar & Grill
t. And all licenses received before June 30 and approved by the Police Chief and Fire Chief

B. Approve cabaret license for Fraternal Order of Eagles Aerie 2192
C. Approve electrician license for:

a. Lyon’s Electric LLC

D. Approve retail tobacco licenses for the following businesses:

a. Boomers Corner Keg
b. Brothers III Sports
c. Casey’s Retail Company
d. CHS Inc (151 9th Ave NW)
e. CHS Inc (807 W Main St)
f. County Bottle Shop, Inc. dba The Liquor Locker
g. Dakota Silver
h. Dollar General Store #17856
i. Eagles Aeries Club 2192
j. Family Dollar Stores of ND #7662
k. Leevers Foods (424 2nd Ave NE)
l. Leevers Foods (148 Central Ave S)
m. Petro Serve USA #071
n. And all licenses received before June 30

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

Ordinance

Approve second and final reading of Ordinance No. 1032, an Ordinance Amending Title 4, Alcoholic Beverages

City Attorney Mertins stated the second reading includes the requested amendments for Ordinance No. 1032 which removed Class I for Flower/Gift Shop Off-Sale Wine License. Commissioner Magnuson moved to approve Ordinance No. 1032, seconded by Commissioner Bishop. The motion passed unanimously.

Resolution

Approve Resolution No. 2149, a Resolution Recommending AE2S for modification project at Water Treatment Plant

City Administrator Schelkoph requested approval of Resolution No. 2149, which will be forwarded to the State Water Commission recommending AE2S as the engineer for the modification project at the Water Treatment Plant without going through another request for proposals for this project.

Commissioner Bishop moved to approve Resolution No. 2149, seconded by Commissioner Magnuson. The motion passed unanimously.

New Business

Approve Recommendation from Renaissance Zone Board for 348 5th St NE to transfer remaining 5 year income tax exemption and 5 year property tax exemption up to $250,000 for purchase of a new home, and designate it as VC-97 (pending receipt of Certificate of Good Standing)

Jim Knutson, Renaissance Zone Authority Board Chair, recommended approval on behalf of the board.. Commissioner Pedersen moved to approve the transfer of VC-97, seconded by Commissioner Powell. The motion passed unanimously.

Approve Recommendation from Renaissance Zone Board for 513 Legacy Lane to transfer remaining 5 year income tax exemption and 5 year property tax exemption up to $250,000 for purchase of a new home, and designate it as VC-68 (pending receipt of Certificate of Good Standing)

Jim Knutson, Renaissance Zone Authority Board Chair, recommended approval on behalf of the board.. Commissioner Magnuson moved to approve the transfer of VC-68, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Amending Renaissance Zone Plan Document Regarding Transfer of a Previously Approved Project

Jim Knutson, Renaissance Zone Authority Board Chair, recommended approval on behalf of the board. Renaissance Zone – Transfer of Previously Approved Project will read as follows:

All previously approved projects may transfer after closing and without the Renaissance Zone Board or City Commission approval subject to the following requirements:

• Certificate of good standing is received by City of Valley City
• Statement regarding closing date

This policy is enacted June 19, 2018 and is retroactive to all purchases made after June 1, 2016. Property owners will have 90 calendar days after closing to submit the above referenced materials to the Auditor’s Office. Those property owners grandfathered will have 90 calendar days after notification to file the above referenced materials.

Commissioner Pedersen moved to approve amending the Renaissance Zone Plan Documents, seconded by Commissioner Magnuson. City Auditor Richter stated the changes must be approved locally before filed with the state. The motion passed unanimously.

Approve appointing board members for open positions, effective July 1, 2018

• Renaissance Zone Board (2 openings; 3 year term): JoEllen Lee; (one vacancy)

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

President Carlsrud encouraged the public to consider serving on the Renaissance Zone Board.

Approve Preliminary Engineering Reimbursement Agreement with NDDOT for Project No. SU-2-990(058), mill & overlay project on Main Street West frontage roadway (I-94 Ramp to 5th St SW)

Damon Devillers from Interstate Engineering stated this project is on the frontage road and will occur in conjunction with the second project on West Main. Both projects are for a mill and overlay. Plans are due in September 2019 with a November 2019 bid opening. A public meeting will be held during Spring 2019.

Commissioner Magnuson moved to approve the Preliminary Engineering Reimbursement Agreement, seconded by Commissioner Powell. The motion passed unanimously.

Approve Preliminary Engineering Reimbursement Agreement with NDDOT for Project No. NHU-2-094(158)928, mill & overlay project on Main Street West (I-94 Ramp to 3rd St SW)

Damon Devillers from Interstate Engineering reviewed areas that will need repair: frontage road by Aggregate Industries and a catch basin by Valley Meats.

Commissioner Pedersen moved to approve the Preliminary Engineering Reimbursement Agreement, seconded by Commissioner Magnuson. The motion passed unanimously.

N6. Consider Increasing Contract Maximum for Construction Engineering for Paving Improvement District No. 113 by $16,950.00

N7. Consider Increasing Contract Maximum for Construction Engineering for 2017 Parking Lot Improvement District by $15,500

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

Commissioner Magnuson moved to approve the Gaming Site Authorization for Valley City Hockey & Figure Skating Club, seconded by Commissioner Bishop. The motion passed unanimously.

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

Commissioner Bishop moved to approve the Gaming Site Authorization for Valley Twisters Gymnastics Club, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Annual Gaming Site Authorization for Valley City State University at Shelly Ellig Field at Lokken Stadium, W.E. Osmon Fieldhouse, Valley City Town & Country Club, Eagles

Commissioner Powell moved to approve the Gaming Site Authorization for VCSU, seconded by Commissioner Magnuson. The motion passed unanimously.

Consider accepting bid for solid waste transfer contract

City Administrator Schelkoph asked the Commission to delay action as no bids were received to transfer waste from Valley City to the Fargo landfill. The contract costs $130,000 annually. Schelkoph recommended taking time to reconsider options.

Consider employment contract with Carl Martineck for City Attorney/HR Director

City Administrator Schelkoph reported City Attorney Mertins is running for Barnes County State’s Attorney in November. Per the employment contract, Carl Martineck will begin employment no later than January 1, 2019. Commissioner Bishop inquired if the City needed to open the position or advertise. City Attorney Mertins responded no. Commissioner Magnuson moved to approve the employment contract with Carl Martineck, seconded by Commissioner Pedersen. The motion passed unanimously.

Approve Permanent Flood Protection Phase IV buyout purchase of 259 4th Avenue SE for the appraised value of $37,000

City Administrator Schelkoph reported this is a rental property on 4th Avenue SE. Commissioner Magnuson moved to approve the Permanent Flood Protection Phase IV buyout of 259 4th Avenue SE, seconded by Commissioner Bishop.

Commissioner Powell stated his home is a comparable. Commissioner Pedersen moved to allow Commissioner Powell to vote, seconded by Commissioner Magnuson. The motion passed unanimously.

The motion passed unanimously.

City Administrator’s Report

City Administrator Schelkoph thanked the organizers for Rally in the Valley for a great event and thanked City staff to provide road closures, temporary electrical work. Schelkoph thanked Commissioner Pedersen for his work on the City Commission.

City Updates & Commission Reports

City Attorney Mertins thanked Commissioner Pedersen for his service.
City Auditor Richter thanked Commissioner Pedersen.
Fire Chief Retterath reminded the public of sale and usage dates for fireworks.
Chad Petersen provided update on the active construction projects.
Commissioner Powell thanked Commissioner Pedersen & City Attorney Mertins for their service.
Commissioner Bishop thanked Commissioner Pedersen.
Commissioner Magnuson thanked Commissioner Pedersen. Thanked public for bearing with construction.
Commissioner Pedersen reflected on his years as a City Commissioner.
President Carlsrud – congratulated and welcomed Commissioner Jeff Erickson. Thanked City Attorney Mertins. President Carlsrud presented Commissioner Pedersen with a plaque for his years of service.

Commissioner Powell left the meeting at 5:53 PM.

ADJOURN

The meeting was adjourned at 5:58 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 – Amended
June 5, 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, City Assessor Hansen, Public Works Accountant/Manager Jacobson, Building/Fire Inspector Andersen, Fire Chief Retterath, Police Chief Hatcher, Chad Petersen from KLJ.

Pledge of Allegiance

Approval of Agenda – Addition of Consent H, Removal of N7

Approval of Minutes

Commissioner Bishop moved to approve minutes from May 15 and May 22, 2018 meetings, seconded by Commissioner Magnuson. The motion passed unanimously.

Approval of Consent Agenda

1. Approve Monthly Reports from the Fire Chief, Building Inspector, Auditor, Municipal Judge and Public Works Accountant.
2. Approve Monthly Bills for the City and Public Works in the Amount of $2,557,638.25
3. Approve Parade Application for Valley City Area Chamber of Commerce Rally in the Valley on Central Avenue on June 16, 2018
4. Approve Application to Block off Street for Valley City Area Chamber of Commerce Crazy Daze on July 25 on Central Avenue from 2^nd Street NE to 4^th Street NE and 3^rd Street from 2^nd Avenue NE to 2^nd Avenue NW
5. Approve Application for Tree Trimming License for Johnny B’s Trees
6. Approve Application for Plumber & Mechanical Contractor for Arneson, Inc.
7. Approve Raffle Permits for Shine
8. Approve Application to Block off Street for St. Paul’s Lutheran Church on 3^rd Street NW from alley to 2^nd Avenue NW on June 16, 2018

Commissioner Powell moved to approve the consent agenda, seconded by Commissioner Pedersen. City Auditor Richter stated the tree trimming license will not be issued until the liability insurance is received. The motion passed unanimously.

Ordinance

Approve first reading of Ordinance No. 1032, an Ordinance Amending Title 4, Alcoholic Beverages

Commissioner Bishop moved to approve Ordinance No. 1032 except for the section relating to Class I licenses, seconded by Commissioner Powell. Commissioner Pedersen clarified that the Class I license was proposed to allow a flower shop to hold an off-sale wine license so they could sell a bottle of wine within a flower arrangement. Pedersen stated the Commission is not interested in creating this additional class at this time. The motion passed unanimously.

Resolution

Approve Resolution No. 2147, a resolution to create Sanitary Sewer Improvement District No. 63, located along 3^rd Avenue SE

Chad Petersen stated this utility work will be completed in conjunction with Paving Improvement District No. 115. Commissioner Pedersen moved to approve Resolution No. 2147, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Resolution No. 2148, a resolution to create Water Main Improvement District No. 99, located along 3^rd Avenue SE

Chad Petersen stated again this is for utility work done in conjunction with Paving Improvement District No. 115. Commissioner Powell moved to approve Resolution No. 2148, seconded by Commissioner Pedersen. The motion passed unanimously.

New Business

Approve Special Alcohol Beverage Event Permit for Boomers Corner Keg on June 17, 2018 for Dakota Riders Hillclimb

Police Chief Hatcher indicated the permit will be from 12 noon to 8 pm. Commissioner Magnuson moved to approve the Special Alcohol Beverage Event Permit, seconded by Commissioner Pedersen. The motion passed unanimously.

Approve Annual Gaming Site Authorization for Thundering Saints, Inc. at Boomer’s Corner Keg from July 1, 2018 to June 30, 2019

Commissioner Bishop moved to approve the annual gaming site authorization for Thundering Saints, seconded by Commissioner Pedersen. The motion passed unanimously.

Approve Annual Gaming Site Authorization for Frank S. Henry VFW Post 2764 at NuBar and VFW Club from July 1, 2018 to June 30, 2019

Commissioner Pedersen moved to approve the annual gaming site authorization for VFW Post, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve roof repair for standpipe mixer expenditures by Great Plains Structures in the amount of $32,025.00

City Administrator Schelkoph reported the standpipe mixer roof was damaged by high winds on April 30, 2018. Greta Plains Structures is the only authorized contactor per the manufacturer. Schelkoph is anticipating receipt of an insurance payment. Commissioner Bishop moved to approve the expenditures for the roof repair, seconded by Commissioner Magnuson. The motion passed unanimously.

Approve Contract with Jordan Transformer, LLC to Drain, Inspect, and Report the cause of the motor trip in a URS Tap Changer that is attached to a Transformer, in the amount of $14,234.00

City Administrator Schelkoph reported the downtown substation is out of service due to Permanent Flood Protection construction and this is a good time to complete the work on the URS Tap Changer. The cost will be covered by VCPW. Commissioner Powell moved to approve the contract with Jordan Transformer, LLC, seconded by Commissioner Pedersen. The motion passed unanimously.

Approve Contract with Resco to purchase transformers in the amount of $19,093.00

City Administrator Schelkoph reported the purchase of transformers is part of the VCPW budget. Commissioner Pedersen moved to approve the contract with Resco, seconded by Commissioner Pedersen. The motion passed unanimously.

REMOVED – Consider accepting bid for solid waste transfer contract

Consider recommendation from RFP committee for engineering services for two 2019 infrastructure projects

City Administrator Schelkoph reported the Request for Proposals (RFPs) committee considered the RFPs received for engineering services on two 2019 infrastructure projects. KLJ received the highest number of points in the committee selection process.

Commissioner Pedersen moved to approve the recommendation from the RFP committee to use KLJ for engineering services on two 2019 construction projects, seconded by Commissioner Pedersen.

Commissioner Bishop stated he held the dissenting vote on the committee. Bishop would like to allow another firm to have an opportunity to try and is interested in exploring other options.

Commissioner Magnuson is interested in pursuing request for bids to review best pricing.

President Carlsrud stated the State Water Commission encourages the use of RFPs over bids.

City Administrator Schelkoph stated that Interstate Engineering has the contract for West Main and the frontage roads with planning in 2019 and construction in 2020. This will allow the City to see how another firm works.

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

Consider accepting bid for the sale of City Parking Lot south of Hub-Mac more specifically described as Parcel Number 63-3473111, Lots 3-6, Block 31 Original Townsite, in the amount of $40,000 from George Gaukler

City Administrator Schelkoph reported bid opening occurred on June 4 with three bidders submitting bids from $23,000 to $35,000. Additional bids were received and final bid of $40,000 was made by Mr. Gaukler.

Commissioner Magnuson moved to approve accepting bid for the City Parking Lot, seconded by Commissioner Powell. The motion passed unanimously.

Approve Technical Support Services Agreement with Barnes County

City Auditor Richter reported the new contract increases the rates to $75 per hour during business hours and $100 per hour outside of business hours. The previous pricing was established in 2007.

Commissioner Bishop moved to approve the Technical Support Services agreement, seconded by Commissioner Powell. The motion passed unanimously.

Approve appointing board members for open positions, effective July 1, 2018:

• Planning & Zoning Commission (2 openings; 5 year term) – Joe Faure; Mike Schell
• Renaissance Zone Board (4 openings; 3 year term) – Tyler Marthaler; Cindy Schwehr; two vacancies
• Visitors Committee (1 opening; 4 year term) – Ken Reid

Commissioner Magnuson moved to approve the board members for open positions, seconded by Commissioner Bishop. The motion passed unanimously.

City Administrator’s Report

City Administrator Schelkoph stated KLJ will review the safety of the old power house as the foundation further cracked during the adjacent Permanent Flood Protection construction. Schelkoph thanked firefighters and city staff for work on NDFA convention. Stantec is planning a September public meeting to review the preliminary report for the Comprehensive & Transportation Plan.

City Updates & Commission Reports

City Auditor Richter will begin 2019 budgeting process. Richter stated the first projection of 2019 state revenues is expected to be the same as 2017; an update will be available in mid-June. The City Election will be held on June 12.

City Assessor Hansen attended the Barnes County Equalization meeting with one change for the city.
Building/Fire Inspector Andersen stated Tony Gille will be replacing sidewalks in the southeastern portion of town. Precision Concrete will be in town next week for shavings in the southwestern portion of town.

Fire Chief Retterath reported all disaster sirens are working. Thanked VCFD members and wives for hosting NDFA conference, business merchant’s support of the NDFA conference and media coverage.

Chad Petersen from KLJ stated the underground work near the Rosebud Visitors Center is complete. The last pour of Concrete Pavement Repair on Winter Show Road is complete with the goal to re-open on Thursday. Next they will work on 8^th Avenue. Work has begun on Paving Improvement District No. 117, Sanitary Sewer 62. Paving Improvement District 114 reconstruction meeting is Wednesday, June 6. Storm Sewer District 51 will begin on June 18.

Commissioner Pedersen stated the Permanent Flood Protection walls have incorporated architectural elements of the neighborhoods.

Commissioner Pedersen stated the parking lots look good.

Commissioner Powell thanked the VCFD for bringing John O’Leary to Valley City.

President Carlsrud thanked VCFD for hosting convention. Carlsrud encouraged citizens to serve on committees and to vote in the upcoming election. Carlsrud noted VCPW is behind and plans are in place.

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