The City Commission Meeting began on Tuesday, June 16, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2nd Avenue NE, Valley City, ND. Members of the public were not permitted in the Commission Chambers due to COVID-19 and as allowed in ND Executive Order 2020-16.
Members of the public may view the meeting online (https://zoom.us/j/97914864324?pwd=WU9HcjJhSDVaZmwvRnQxQjVkWmlxZz09) Password 9PhqpQ or listen by calling (1 253 215 8782) Webinar ID: 979 1486 4324 Password 481130
President Carlsrud called the meeting to order at 5:00 PM. President Carlsrud presented Commissioner Powell with a plaque for his years of service to the City Commission (2017-2020). President Carlsrud stated that tomorrow’s COVID-19 briefing will be the last for the foreseeable future.
Members present: Commissioner Magnuson, Commissioner Bishop, Commissioner Powell, Commissioner Erickson.
Others present: City Administrator Crawford, City Attorney Martineck, City Auditor Richter, Deputy Auditor Klein, City Assessor Hansen (by Zoom), Building/Fire Inspector Andersen, Fire Chief Magnuson, Police Chief Hatcher, Chad Petersen from KLJ.
Approval of Agenda – Addition of Consent B & C; O2
Approval of Minutes
Commissioner Bishop moved to approve the minutes from June 2, 2020 meeting, seconded by Commissioner Powell. Motion carried.
Approval of Consent Agenda
- Approve Renewal Application for Cabaret License for F.O.E. Aerie 2192
- Approve Tree Trimming & Removal Service License for GS Services
- Approve Raffle Permit for SHINE
Commissioner Powell moved to approve the consent agenda, seconded by Commissioner Erickson. Motion carried.
There were no public comments.
Public Hearing for Mobile Vendors and Transient Merchants Licensing
President Carlsrud declared the public hearing open. City Attorney Martineck stated the questions began over a year ago for licensing of mobile vendors. Martineck drafted an ordinance that addresses door-to-door solicitation as well as those who setup along boulevards. Planning & Zoning Commission reviewed and made 5 recommendations. Martineck stated this is the first reading, a second reading will be held in July in conjunction with a Resolution to set fees. Martineck clarified that the farmers market is already exempt by ordinance. Commissioner Powell and Commissioner Bishop discussed specific agricultural examples that setup in parking lots. City Attorney Martineck stated Planning & Zoning recommends a ten day window in which permits are valid. Commissioner Powell requests agricultural products be exempt from the permitting process. Commissioner Bishop wants the permitting for the food trucks. City Attorney Martineck confirmed that the sale of food products door to door will require a transient merchant permit.
City Attorney Martineck stated if the City Commission agrees with the Planning & Zoning Commission recommendations as well that the produce stands will be exempt, then he will proceed preparing materials for the second reading.
Commissioner Magnuson moved to close hearing, seconded by Commissioner Bishop. The motion passed unanimously.
Approve first reading
of Ordinance No. 1060, an ordinance to
amend and reenact Chapter 5 of Title 8 and Section 11-05-18 of the Valley City
Municipal Code, relating to mobile vendors and transient merchants.
Commissioner Bishop moved to approve first reading of Ordinance No. 1060, seconded by Commissioner Powell. The motion passed unanimously.
Approve second and final reading of Ordinance No. 1059, an Ordinance Relating to the Annexation of Territory described as Auditor’s Lot Number 1 of the NE1/4 of the SW ¼ of Section 27, Township 140, Range 58, Barnes County, ND
City Attorney Martineck stated there were no changes since the first reading. This ordinance is to annex the access road to Waterfront Meadows. Commissioner Erickson moved to approve second and final reading of Ordinance No. 1059, seconded by Commissioner Magnuson. The motion passed unanimously.
Approve first reading of Ordinance No. 1061, an Ordinance to Adopt and Enact Section 1-01-15 of the Valley City Municipal Code related to Crime Victim Witness Fee
City Attorney Martineck reported that the City has imposed a crime victim witness fee in 2017, the section was repealed inadvertently during the recodification process and this ordinance will re-instate the section. Commissioner Powell moved to approve the first reading of Ordinance No. 1061, seconded by Commissioner Erickson. The motion passed unanimously.
Receive the Barnes County Official Canvassed Abstract and the Certificate of Election from the Primary Election held on June 9, 2020
City Auditor Richter provided the report from the election:
City Auditor Richter reported the Ordinance to Extend City Sales, Use and Gross Receipts dedicated to Fund Permanent Flood Protection will be presented at the next meeting for first reading.
Approve 2020 – 2021 Gaming Site Authorizations for the following:
- North Dakota Winter Show at North Dakota Winter Show Event Center
- Valley City Eagles Aerie 2192 Fraternal Order of Eagles at the Eagles; Captain’s Pub; Labor Club; My Bar; City Lights; Tavern 94
City Auditor Richter stated these are annual renewals. Commissioner Magnuson moved to approve, seconded by Commissioner Powell. The motion passed unanimously.
Approve Appointment for the following committees and terms:
- Zoning Board of Adjustment (Variance) – 3
openings, 3 year term
- Allen Schuldt
- Ken Reid
- Jim Wright
- Visitors Committee – 3 openings, 4 year term
- Bobby Koepplin
- Mary Lee Nielson
City Auditor Richter stated the Zoning Board of Adjustment and Visitors Committee openings are renewed terms – the openings are not advertised when a member agrees to continue. The vacancy on the Visitors Committee will be advertised until July 6.
Commissioner Bishop moved to approve, seconded by Commissioner Powell. The motion passed unanimously.
Discuss Urban Road Funding Request for Streetscape Phase II
Chad Petersen from KLJ stated that bids were opened in April 2020, and the project was over budget on the local share. Petersen reported a letter was sent requesting the transfer of $500,000 of Urban Roads funds to this project. Petersen has not received a response from NDDOT regarding this request. This provides the City up to an additional $625,000 for the project ($125,000 additional local share) KLJ will look at the sidewalk improvements to determine what can be deferred and then present to NDDOT for approval. KLJ is also considering having VCPW install the lighting in City Park. Petersen stated that with cost savings and additional funding, this project should be able to move forward. KLJ will resubmit project plans with the adjustments for Commission approval. KLJ plans to bid project in October or November 2020.
City Auditor Richter stated the City will need to look at the R&R fund to review timing and priority of projects.
Approve Change Order #1, Project No. SU-2-990(059) – 5th Ave NW Reconstruction
Chad Petersen from KLJ stated the Change Order #1 is for the lighting on 5th Avenue NW that will be installed by VCPW with an additional cost for on-site coordination with the contractor. This change order also allows the contractor to reclaim the asphalt which is a cost savings to the City. At this point, savings is 100% to the City as the federal funding cap on the project has already been met. Commissioner Magnuson moved to approve the change order, seconded by Commissioner Powell. The motion passed unanimously.
Approve Change Order #2, Project No. SU-2-990(059) – 5th Ave NW Reconstruction
Chad Petersen from KLJ reviewed the report which indicated:
Sanitary Sewer Service Connection Saddle Wye Option:Plan note 724-P11 states that sanitary sewer service connections from 13+00 to 29+00 will be connected to existing main by removing a section of the main at the service location and installing a wye by using sewer couplings to connect to the main. After the project was bid KPH proposed using a saddle wye connected directly to the pipe lining for the sanitary services at those locations. The Project Engineer and Valley City Public Works were in agreement that this would be an acceptable alternative. Due to the decrease in labor and material a new price of $1,820.00 EA was agreed upon for the services in these locations. This will result in a deduction of 31 – Sanitary Sewer Service Connections at $2,350. EA and an addition of 31 – Reconnect to Existing Sanitary Sewer Service at $1,820.00 EA. For a net project savings of $16,430. The sanitary sewer service connections from station 29+00 to station 37+00 will be installed per plan and paid for under the original bid item.
Sanitary Sewer Conflict Structures:
While installing storm sewer at station 15+10 it was discovered that the joined sanitary sewer service for house #226 and 236 will conflict with the storm sewer and be unable to connect to the existing main.
KPH, Project Engineer, and Valley City Public Works agreed upon installing a conflict structure on each 24” storm sewer run. The conflict structures result in a net project cost increase of $10,956.22. As a part of this Change Order, KPH is also requesting a contract extension of 2 days due to the delay incurred by the conflict.
Commissioner Powell moved to approve Change Order #2, seconded by Commissioner Erickson. The motion passed unanimously.
Approve Renewal Applications for the following Alcoholic Beverage Licenses:
- Brockopp Brewing, LLC
- The Captains Pub
- Chinese Palace
- Hi-Line Hospitality, LLC dba City Lights
- Dakota Silver, LLC
- F.O.E. Aerie 2192
- Jimmy’s Pizza
- Sabir’s Dining & Lounge
- Main Street Off-Sale, LLC dba Tavern 94
- The Labor Club
- County Bottle Shop, Inc dba the Liquor Locker
- Valley City Town & Country Club
- VC Developers LLC dba Bridges Bar & Grill
- Woodland Lodge LLC dba Woodland Steakhouse
City Auditor Richter stated application and materials were completed. Police Chief Hatcher granted a COVID waiver for server training as VCPD has not offered the class during the closures. Commissioner Magnuson moved to approve the renewal applications, seconded by Commissioner Erickson. The motion passed unanimously.
Discuss Renewal Applications for the following Alcoholic Beverage Licenses:
- Mosby LLC dba Boomers Corner Keg
- My Bar
- The Clubhouse Lounge LLC
City Auditor Richter reported Mosby LLC dba Boomers Corner Keg & My Bar are now in compliance. Police Chief Hatcher inquired if the Clubhouse Lounge LLC needs to have updated signage as it is no longer holds a Club license. City Attorney Martineck has not received a response from the license holder. Martineck did not believe the licensing should not be held up, but that the issue should be raised.
Commissioner Erickson asked if the Legion is still using the basement. No definitive answer provided.
Commissioner Erickson moved to approve the renewal applications, seconded by Commissioner Magnuson. The motion passed unanimously.
Approve Renewal Applications for the following Retail Tobacco Licenses:
- Casey’s General Store #3363 dba Casey’s Retail Company
- CHS Inc. dba Dakota Plains Ag (807 Main St)
- Dakota Silver, LLC
- DG Retail, LLC dba Dollar General Store #17856
- Farmers Union Oil Company of Moorhead, MN dba PetroServe USA #071
- Leevers Foods, Inc (424 2nd Ave NE)
- Leevers Foods, Inc (148 S Central Ave)
- County Bottle Shop, Inc dba the Liquor Locker
- Mosby LLC dba Boomers Corner Keg
- And authorize the Auditor’s Office to issue licenses for applicants who meet all licensing requirements before June 30, 2020
- Brothers III
- CHS Inc dba Dakota Plains Ag (151 9th Ave NW)
- F.O.E. Aerie 2192
- Family Dollar, Inc. dba Family Dollar #27662
Commissioner Magnuson moved to approve renewal applications, seconded by Commissioner Bishop. The motion passed unanimously.
City Administrator’s Report
City Administrator Crawford reported she is meeting department heads and employees.
City Update & Commission Reports
City Auditor Richter reported Chris George from John Deere has been in contact with Chad Petersen from KLJ, Jeff Differding for new curb and gutter as well as driveway aprons. They have requested 25% reduction from R&R fund, at estimated total cost of $30,000 with cap at $7,500. City Auditor Richter reported they had protested the paving improvement project out previously. Consensus to proceed.
City Auditor Richter has provided budget working papers to the Department Heads from the general government funds. Richter has asked for consideration when impacts are known from COVID-19 and lower oil prices.
Fire Chief Magnuson thanked Commissioner Powell for his service. Please complete your Census survey!
Chad Petersen from KLJ reported PFP Phase III by the Master Lift Station is down to the last few pours, with staining and veneers to follow. Phase IIA is complete. 5th Avenue NW progresses well. Seal coat work will be finished; initial sweeping has occurred with final sweeping to occur this Thursday.
City Auditor Richter reported there will be a City Commission meeting next Tuesday at 5:00 PM.
City Administrator Crawford reported the 5th Avenue NE repair will occur and money has been reallocated from other VCPW capital projects.
Commissioner Erickson thanked Emma & Ross for service.
Commissioner Powell thanked employees for work and making things look easy.
Commissioner Bishop congratulated Dick. Thanked Ross for service.
Commissioner Magnuson congratulated Mike & Dick. Thanked Ross for service. Looking forward to Summer Nights on Central; enjoy your community and shop local. Magnuson thanked Emma for her work.
President Carlsrud stated oil extraction tax is projected to be low. Carlsrud echoed thank yous. Please be cautious while driving. Carlsrud thanked elected officials for participating. 1 of 11 citizens need to participate to fill positions on boards/communities.