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
- 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/3rd 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