Office & Transfer Station Closings:
Garbage Schedule: Week of September 2
Valley City Public works will spray for mosquitoes on Tuesday, August 20th beginning approximately 8 pm and if needed Wednesday, August 21st in the morning, weather permitting.
Parents are advised to keep children and pets out of the streets and away from the spray machines. Motorists are urged to use caution when traveling in the area of the operation.
If there are any questions, please feel free to call Public Works at 845-0380.
Minutes from July 22, 23, 30 and August 5 and 6, 2019 meetings
Roll Call: Magnuson Powell Bishop Erickson Carlsrud
Attorney General’s “A Citizen’s Guide to North Dakota Open Records & Open Meetings Laws” *A member of the public does not have the right to speak to the governing body at an open meeting. The public is only entitled to see and hear what happens at a meeting, and to record or broadcast those observations.
O1) Approve Ordinance No. 1048, an Ordinance Amending Title 5, Animals (City Attorney Martineck)
Roll Call: Erickson Bishop Magnuson Powell Carlsrud
R1) Approve Resolution No. 2216, A Resolution Approving Comprehensive Land Use and Transportation Plan (Stantec)
Roll Call: Powell Erickson Magnuson Bishop Carlsrud
N1) Review long range schedule for Permanent Flood Protection and city infrastructure improvements (City Administrator Schelkoph)
The Preliminary Budget of the City of Valley City, North Dakota for the calendar year ending December 31, 2020, has been completed and is on file in the City Auditor’s Office where it may be examined. The City Commission will hold a public hearing at 5:00 P.M., September 17, 2019, at City Hall in Valley City, North Dakota for the purpose of receiving comments from the citizens of Valley City. The final adoption of the budget and fixing the annual tax will be on October 1, 2019.
This hearing is held for the opportunity of the citizens to participate with respect to city budgets. Any taxpayer may appear and discuss any item of expenditure or enter objections to any item or the amount therein.
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.
Commissioner Bishop moved to approve the minutes from the July 2 and July 10, 2019 meetings, seconded by Commissioner Powell. Motion carried.
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.
There were no public comments.
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.
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.
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:
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.
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.
There was no report.
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.
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
Minutes from July 16, 2019 meeting
Roll Call: Magnuson Erickson Powell Bishop Carlsrud
Attorney General’s “A Citizen’s Guide to North Dakota Open Records & Open Meetings Laws” *A member of the public does not have the right to speak to the governing body at an open meeting. The public is only entitled to see and hear what happens at a meeting, and to record or broadcast those observations.
N1. Consider Request from Valley City-Barnes County Development Corporation for $25,000 per year for 2 years to support workforce development, specifically a Salesforce instruction position at VCSU (Jennifer Feist)
Roll Call: Erickson Powell Magnuson Bishop Carlsrud
N2. Consider recommendation from Visitors Committee for Image Enhancement Grant for Barnes County Historical Society in an amount up to $2,500 for awning (Bobby Koepplin)
Roll Call: Powell Bishop Magnuson Erickson Carlsrud
N3. Consider recommendation from Visitors Committee to send letters to all Food & Beverage vendors (Bobby Koepplin)
Roll Call: Bishop Erickson Powell Magnuson Carlsrud
N4. Consider Renaissance Zone Authority Board recommendation for 5 year income tax exemption and 5 year property tax exemption for new construction, up to $250,000 at 546 Legacy Lane by Legacy Developments, LLC and designate it as VC-116 pending certificate of good standing (Renaissance Zone Authority Board)
Roll Call: Magnuson Bishop Powell Erickson Carlsrud
N5. Consider Renaissance Zone Authority Board recommendation for 5 year income tax exemption and 5 year property tax exemption for new construction, up to $250,000 at 550 Legacy Lane by Legacy Developments, LLC and designate it as VC-117 pending certificate of good standing (Renaissance Zone Authority Board)
Roll Call: Erickson Magnuson Bishop Powell Carlsrud
N6. Consider Renaissance Zone Authority Board recommendation for 5 year income tax exemption and 5 year property tax exemption for new construction, up to $250,000 at 441 12 ½ St NE by Legacy Developments, LLC and designate it as VC-118 pending certificate of good standing (Renaissance Zone Authority Board)
Roll Call: Powell Magnuson Erickson Bishop Carlsrud
N7. Consider Renaissance Zone Authority Board recommendation for 5 year income tax exemption and 5 year property tax exemption for new construction, up to $250,000 at 464 12 ½ St NE by Legacy Developments, LLC and designate it as VC-119 pending certificate of good standing (Renaissance Zone Authority Board)
Roll Call: Bishop Magnuson Erickson Powell Carlsrud
N8. Approve Application for Property Tax Exemption for Improvements at 535 4th Avenue SW (City Assessor Hansen)
Roll Call: Powell Bishop Erickson Magnuson Carlsrud
N9. Approve Application for Property Tax Exemption for Improvements at 107 6th Ave SW (City Assessor Hansen)
Roll Call: Erickson Magnuson Bishop Powell Carlsrud
N10. Approve Preliminary Engineering Reimbursement Agreement with NDDOT for Project No. IM-NHU-2-094(159)290 (2021 Drainage Work Project near Exit 290) (City Administrator Schelkoph)
Roll Call Magnuson Erickson Powell Bishop Carlsrud
O1. Approve second and final reading of 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)
Roll Call: Bishop Powell Magnuson Erickson Carlsrud
PH1. Public Hearing regarding Special Assessments confirmed by the Special Assessment Commission for Paving Improvement District No. 116 (Concrete Pavement Repair on 8th Avenue SW, Wintershow Drive, and 5th Avenue NE) (City Auditor Richter)
Declare public hearing open.
Close hearing.
Roll Call: Powell Erickson Bishop Magnuson Carlsrud
Approve Special Assessments as recommended by the Special Assessment Commission for Paving Improvement District No. 116 (City Auditor Richter)
Roll Call: Erickson Magnuson Powell Bishop Carlsrud
PH2. Public Hearing regarding Special Assessments confirmed by the Special Assessment Commission for 3rd Avenue SE Reconstruction including Paving Improvement District No. 115, Water Main Improvement District No. 99, Sanitary Sewer Improvement District No. 63 (City Auditor Richter)
Declare public hearing open.
Close hearing.
Roll Call Magnuson Powell Erickson Bishop Carlsrud
Approve Special Assessments as recommended by the Special Assessment Commission for 3rd Avenue SE Reconstruction including Paving Improvement District No. 115, Water Main Improvement District No. 99, Sanitary Sewer Improvement District No. 63 (City Auditor Richter)
Roll Call: Bishop Powell Magnuson Erickson Carlsrud
PH3. Public Hearing for the Issuance of Class H Brewer Taproom License to Brockopp Brewing, LLC (City Auditor Richter)
Declare public hearing open.
Close hearing.
Roll Call: Erickson Bishop Magnuson Powell Carlsrud
Consider Issuance of Class H Brewer Taproom License to Brockopp Brewing, LLC (City Auditor Richter)
Roll Call: Bishop Magnuson Erickson Powell Carlsrud
PH4. Public Hearing for Transfer of Class B and Class C Alcoholic Beverage Licenses to Mosby, LLC dba Boomer’s Corner Keg (City Auditor Richter)
Declare public hearing open.
Close hearing.
Roll Call: Powell Erickson Magnuson Bishop Carlsrud
Consider Issuance of Class B and Class C Alcoholic Beverage Licenses to Mosby, LLC dba Boomer’s Corner Keg (City Auditor Richter)
Roll Call: Magnuson Powell Bishop Erickson Carlsrud
PH5. Public Hearing regarding alleged violation of V.C.M.C. 4-01-06 by Woodland Steakhouse (City Attorney Martineck)
Declare public hearing open.
Close hearing.
Roll Call: Erickson Powell Magnuson Bishop Carlsrud
Consider suspension of alcoholic beverage licenses for Woodland Steakhouse due to violation of V.C.M.C. 4-01-06 (City Attorney Martineck)
Roll Call: Bishop Erickson Magnuson Powell Carlsrud
PH6. Public Hearing regarding alleged violation of V.C.M.C. 4-01-06 by Sabir’s Dining & Lounge (City Attorney Martineck)
Declare public hearing open.
Close hearing.
Roll Call: Powell Bishop Erickson Magnuson Carlsrud
Consider suspension of alcoholic beverage licenses for Sabir’s Dining & Lounge due to violation of V.C.M.C. 4-01-06 (City Attorney Martineck)
Roll Call: Magnuson Bishop Powell Erickson Carlsrud
PH7. Public Hearing regarding alleged violation of V.C.M.C. 4-01-06 by VFW Post No. 2764 (City Attorney Martineck)
Declare public hearing open.
Close hearing.
Roll Call: Erickson Powell Magnuson Bishop Carlsrud
Consider suspension of alcoholic beverage licenses for VFW Post No. 2764 due to violation of V.C.M.C. 4-01-06, Alcoholic Beverage (City Attorney Martineck)
Roll Call: Powell Bishop Magnuson Erickson Carlsrud
PH8. Public Hearing to Consider alleged violation of V.C.M.C. 4-01-14, Alcoholic Beverage by American Legion Club (City Attorney Martineck)
Declare public hearing open.
Close hearing.
Roll Call: Bishop Erickson Powell Magnuson Carlsrud
Consider proposed disposition for American Legion Club regarding violation of V.C.M.C. 4-01-14, Alcoholic Beverage (City Attorney Martineck)
Roll Call: Magnuson Bishop Powell Erickson Carlsrud
N1. Continue discussing 2020 Preliminary Budget (City Auditor Richter)
N2. Approve 2020 Preliminary Budget (City Auditor Richter)
Roll Call: Powell Bishop Magnuson Erickson Carlsrud
N1. Continue discussing first draft of 2020 Budget (City Auditor Richter)
N2.Consider purchase of 2003 KME Tower Ladder Truck for VCFD (Fire Chief Magnuson)
Roll Call: Bishop Powell Magnuson Erickson Carlsrud
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.
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.
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