May 19, 2020
5:00 PM
The City Commission Meeting began on Tuesday, May 19, 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 could view the meeting online (https://zoom.us/j/97740454720) or listen by calling (669) 900-9128 Webinar ID: 977 4045 4720.
President Carlsrud called the meeting to order at 5:00 PM.
Members Present: Commissioner Magnuson, Commissioner Bishop, Commissioner Powell, Commissioner Erickson (joined at 5:08 PM by Zoom)
Members Absent: Commissioner Erickson.
Others Present: City Auditor Richter, City Attorney Martineck, Police Chief Hatcher. Those appearing by Zoom/phone included Chad Petersen from KLJ, Wesley Wintch (VCSU), Greg Stroeing (Love’s Addition), Chris Johnson (Love’s Addition), Gwen Crawford.
Approval of Agenda – Addition of N8; O3 Moved to N9
Approval of Minutes
Commissioner Powell moved to approve the minutes from May 5, 2020 meeting, seconded by Commissioner Bishop. Commissioner Bishop requested correction that the President Carlsrud voted nay on the parade application. Motion carried.
Approval of Consent Agenda
- Approve Raffle Permit for Fraternal Order of Police James Valley Lodge #4, ND Red Knights
Commissioner Bishop moved to approve the consent agenda, seconded by Commissioner Magnuson. The motion passed unanimously.
Public Comments
There were no public comments.
Ordinance
Approve second and final reading of Ordinance No. 1055, an Ordinance Rezoning West ½ of Lot 10, East 74.25’ of Lots 11 & 12, Lots 13 and 14 less the North 105’, and Lot 15 of Block 3, Andrus & Sifton’s Addition for VCSU Center for the Arts
City Attorney Martineck reported that there were no changes from the first reading and that this provides rezoning from residential to public. Commissioner Magnuson moved to approve second and final reading of Ordinance No. 1055, seconded by Commissioner Powell. The motion passed unanimously.
Approve first reading of Ordinance No. 1056, an Ordinance Repealing Section 2-04-03 of V.C.M.C., relating to residency requirements of appointive officers and employees of city
Commissioner Bishop moved to approve first reading of Ordinance No. 1056, seconded by Commissioner Magnuson. The motion passed unanimously.
Resolution
Approve Resolution No. 2255, a Resolution Approving Plat of Love’s Addition (63-2601150)
City Attorney Martineck reported the application for the Plat of Love’s Addition was reviewed by Planning & Zoning Commission on May 13. The subdivision was approved with no conditions by Planning & Zoning Commission. Commissioner Magnuson moved to approved Resolution No. 2255, seconded by Commissioner Powell. The motion passed unanimously.
Commissioner Erickson appeared by Zoom at 5:08 PM.
Approve Resolution No. 2256, a Resolution Approving Replat of Lot 5, South Valley Addition
City Attorney Martineck stated that Planning & Zoning Commission received a replat request for Lot 5, South Valley Addition. Martineck stated that by approving the replat, the City Commission, is also approving a variance as the frontage feet is 51’ instead of the required 100’. Commissioner Bishop moved to approve Resolution No. 2256, seconded by Commissioner Magnuson. The motion passed unanimously.
New Business
Approve proposed Ordinance No. 1058 for publication, an Ordinance Creating Title 20-04.01 to Extend City Sales, Use & Gross Receipts Tax dedicated to Permanent Flood Protection
City Attorney Martineck reported the City Commission previously passed a resolution to place the extension on the ballot for the June election. This ordinance is for publication in the newspaper but won’t be on the agenda for first reading until after the election.
Commissioner Bishop moved to approve, seconded by Commissioner Powell. The motion passed unanimously.
Approve July 1, 2020 – June 30, 2021 Annual Gaming Site Authorization for the following
- Valley City Baseball Association at The Clubhouse Lounge
- Valley City Hockey and Figure Skating Club at Valley City Town & Country Club
- Valley City Hockey and Figure Skating Club at Youth Sports Complex
Commissioner Magnuson moved to approve, seconded by Commissioner Bishop. The motion passed unanimously.
Consider Police Officer COVID-19 hazard pay
Police Chief Hatcher requested $500 additional pay per month for nine police officers who are in the field. Hatcher has funds available through officer vacancies. Hatcher is requesting authorization for three months from March 15 to June 15. Hatcher reported increased percentage of calls for domestic violence and substance abuse over the same time last year.
Commissioner Powell moved to approve as requested, seconded by Commissioner Bishop.
Roll call: Powell – aye; Bishop – aye; Erickson – nay; Magnuson – aye; Carlsrud – aye. Motion carried.
Consider options for street light fixtures on 5th Avenue NW
Commissioner Erickson reported support for acorn lights from Jeff Edwards [Streetscape Committee Chair] & Bobby Koepplin [Streetscape Committee & Beautification Committee Member]. Erickson prefers lanterns as light disperses downward. Erickson recommends lanterns be installed.
Commissioner Erickson moved to purchase lanterns, seconded by Commissioner Bishop. The motion passed unanimously.
Consider Construction Engineering Agreement with KLJ for Paving Improvement District No. 121 – 2020 Seal Coat
Chad Petersen from KLJ requested approval of the construction engineering agreement for the 2020 seal coat project which includes five areas in town. Work is scheduled to begin in mid-June. The contract is an hourly not to exceed capped at $11,500.
Commissioner Bishop moved to approve the agreement, seconded by Commissioner Magnuson. Roll call: Magnuson – aye; Erickson – nay; Powell – aye; Bishop – aye; Carlsrud – aye.
Consider Construction Engineering Agreement with KLJ for Water Main Improvement District No. 101 – 5th Ave NW
Commissioner Magnuson moved to approve agreement, seconded by Commissioner Powell. The motion passed unanimously.
Consider projects for 2021 North Dakota Water Development Plan
Chad Petersen from KLJ stated the State Water Commission requests a development plan every two years. This document has been updated with costs for 2021 water projects. Submission of the plan makes the projects a higher priority for cost-share requests through the State Water Commission. Funding needs to be available for a project to proceed.
Commissioner Bishop moved to approve, seconded by Commissioner Magnuson.
Chad Petersen from KLJ stated the information will be presented to SWC.
The motion passed unanimously.
Approve Purchase Agreement re Auditor’s Lot 1 in the SW ¼, Section 27, Township 140, Range 58, between George Gaukler and Bridgetown Development LLP
City Attorney Martineck reported that the agreement is for the Waterfront Meadows plat. Auditor’s Lot 1 will be 8th Avenue. The agreement states that the City will not charge any tap fees in the future. Martineck stated the City has no expenses for this portion of 8th Avenue so there would be no expenses to recover.
Commissioner Magnuson moved to approve, seconded by Commissioner Bishop. Roll Call: Erickson – aye; Bishop – aye; Powell – abstained due to conflict of interest; Magnuson – aye; Carlsrud – aye. Motion carried.
Discuss Ordinance Creating a Mobile Vendor License
City Attorney Martineck reported the mobile vendor license is currently addressed in both Title 8 & Title 11. Based on the changes recommended, the most appropriate process is for the Planning & Zoning Commission to review the ordinance at its June meeting.
Commissioner Erickson requested coordination with state so that sales tax can be collected. Commissioner Magnuson recommended a fee be charged. Commissioner Bishop concurred.
City Updates & Commission Reports
Fire Chief Magnuson reported the VCFD continues celebrations. Magnuson reminded the public that open fires require diligence due to the dry conditions.
Police Chief Hatcher thanked the VCFD & VCPW for their work to clean up the broken road area. Lights and cameras will be installed.
Chad Petersen from KLJ stated that PFP Phase III concrete walls are being poured. 5th Avenue NW recycled material is begin removed from the roadway; KLJ has received some dust complaints – contractor will address. Bank Forward called regarding use of parking lot to access the streets – KLJ will install signs to help minimize.
President Carlsrud thanked VCFD & VCPW for efforts on broken road.
Adjourn
Meeting adjourned at 5:43 PM.