Valley City  (CSi)  The Valley City Commission met in Regular Session Tuesday evening virtually, via Zoom.

Of note was the approval of the first reading of an Ordinance regarding a penalty for violation of City emergency orders with a fine of a maximum $1,000.

Members of the Public are not permitted in the City Commission Chambers due to COVID-19, and as allowed in ND Executive Order 2020-16.

The Shop Small Proclamation was read by Mayor Carlsrud.

He proclaimed November 28 as Small Business Saturday.  Valley City activities will be spread out this year during the pandemic to stay safe.

APPROVAL OF CONSENT AGENDA

No Items were on the Agenda.

Public Comments No One Spoke.

 

ORDINANCE

Approved the first reading of an Ordinance creating and enacting a section of the Valley City Municipal Code regarding a penalty for violation of City emergency orders. City Attorney Martineck said the emergency ordinance, will now include a penalty of a fine of a maximum $1,000 under an infraction with citations at the discretion of local authorities.  The action is in line with the State of North Dakota, with prosecutions in District Court, with fine collected at the local level.

 

Approve the first reading an Ordinance Amending and Re-enacting sections of the Valley City Municipal Code, related to removal of stumps and renewal of licenses. City Attorney Martineck said the changes including removing stumps within three weeks of removal, with a penalty of not having licenses renewed if in violation.

 

NEW BUSINESS

Approved was Small Projects Funding for 2020 – $20,000. Economic Development Director, Jennifer Feist said the dollars are to be funded from economic development.

Approved was Resource Development Specialist – Funding Increase – $4,000. Jennifer Feist said this is the last of three years, for the position, with a return on investments, significant.

Approved an R&R Coordinator – Funding Increase – $10,000/year for two years. Jennifer Feist said

recruiting and retention  has improved through the program, with a large part of the program consisting of training.

Overhead costs necessitate the increase, including health insurance benefits.  The program was initiated after the closing of the Valley City Job Service office a few years ago.

She added public information is forthcoming on sign ups for the ERG Hospitality grants, with applications being accepted later this week.

Approve was Accepting Project No. UGP-SU-2-990(057), PCN 22043-CPR-Streetscape Phase I – Central Ave N.  KLJ the final review of the project has been made, with tests completed on the traffic signals, pending approval by the NDDOT.

Considered  Accepting Project No. SU-SS-2-990(053)057, PCN 21095 – Storm Sewer Improvement District No. 50 on Winter Show road, and was also reviewed, and is pending NDDOT approval.

Discussion then centered around the City Engineer Selection Committee Final Report. City Administrator, Gwen Crawford, said three firms were interviewed via Zoom, with each firmed asked the same questions.  She said the score sheets from the interview indicated that KLJ and Moore Engineering were ranked number one.

The position is a consultant to projects.  Commissioner Magnuson said the high cost of funding the position of $100,000, passed on to tax payers, is cost prohibitive.  He added that the position includes, inspections and issuing building permits, to which he said there is a better way of going about establishing the job description, dividing the responsibilities.

Some commissioners noted that KLJ would be in conflict as the City Engineering firm, and also bidding on projects.

The City Commissioners moved to approve the final report, seconded by Mayor Carlsrud and approved on a  3-2 vote with Commissioners Bishop and Erickson voting in oppositions.

Discussed was the Mask Plan Emergency Order, concerning requests for events, under the Order’s guidelines.  Administrator Crawford suggested rather than a committee formed, and then bringing recommendations  to the commissioners, to have approval of events be reviewed by the commission at regular meetings to vote on proposed events, under the guidelines of the Emergency Order.

Mayor Carlsrud, added that the penalty phase has now been approved.

Mayor Carlsrud suggested a separate discussion be held prior to coming before the commission.

The consensus of the commission is to match the state’s emergency order guidelines by drafting an Ordinance to be ratified by the commission.

The City Commission will review the Emergency Order in line with state mandates at the December City Commission meeting.

Mayor Carlsrud reviewed the request from City County Health to establish an educational campaign through the media concerning wearing face masks.  The total cost is $11,000 with $5,000 earmarked for paid advertising.

The city will contact the state for any available funding.

He said with the state’s new guidelines under the face mask mandate that the situation needs to be further reviewed before taking action.

Discussion of Valley City Liquor Licenses was led by  Commissioner Magnuson, who said due to new state mandates reducing the hours of operations and capacity in bars and restaurants, owners have indicated that fees be adjusted for liquor licenses. Off-Sale establishments are not affected.

A motion was made to forego and second half of the liquor license fee, not affecting off sales businesses.

The commissioners voted to forgive half of the next installment of liquor license fees, not including off sale  businesses.

City Commissioners approved the Preliminary Engineering Reimbursement Agreement with NDDOT (Project No. NHU-2-094(175)928, West I-94 Business Loop hill slide).  City Administrator Crawford said the city’s share of the cost is 10 percent, with costs to be determined.

The commissioners voted unanimously to approve.

The City Commissioners approved a Tobacco Permit for Loves Travel Stop & Country Stores, Inc. Finance Director Richter said 14 tobacco license holders in Valley City is limited to 14 and the business is the 14th license holder.

CITY ADMINISTRATOR’S REPORT

Gwen Crawford said the metal recycling spot will be relocated to across from the landfill, adding a recycling education campaign will be started as to what items can or can not be recycled.

She added that city employee evaluations will now be made on the anniversary date of employment.

CITY UPDATES &COMMISSION REPORTS

Police Chief Hatcher said,stagnant vehicles and the clean up of properties, concerns are being addressed.

Commission Gulmon thanked City County Health on all their work on helping to keep the community safe, and slowing the spread of the COVID-19 virus.

Mayor Carlsrud thanked the community on their efforts to slow the spread of the virus, including wearing face masks, and taking other safe actions.  He asked residents to follow guidelines concerning safe Thanksgiving celebrations to slow the spread of COVID-19 in the community.

The meeting was shown live on CSi Cable 68 followed by replays.

City of Valley City

Emergency Order 2020-05.2

Effective November 18, 2020

November 18, 2020
Page 1 of 4
Pursuant to the COVID-19 emergency declaration dated March 17, 2020 (ratified and extended by the Board of City Commissioners on March 18, 2020), and the authority set forth in Valley City Municipal Code § 19-01-03, Dave Carlsrud, Mayor of the City of Valley City, North Dakota, in order to promote the health and safety of Valley City residents, hereby orders as follows:
Valley City Mask Plan
(Risk Level: Orange/High)
Amending Emergency Order 2020-05.1, dated November 9, 2020
1. Definitions. For purposes of the City Mask Plan, the following definitions shall apply:
a. “Face Covering” means a paper or two-layered cloth face mask that covers the nose and mouth completely and includes a paper or disposable face mask or a religious face covering. Face Coverings that incorporate a valve designed to facilitate easy exhaling, mesh masks, or masks with openings, holes, visible gaps in the design or material, or vents are not sufficient because they allow exhaled droplets to be released into the air.
b. “Business” or “Businesses” are broadly defined to include entities that employ or engage workers, including private-sector entities, public-sector entities, non-profit entities, and state, county, and local governments.
c. “Social Distancing” means individuals keeping at least 6 feet of distance from other individuals who are not members of their Household.
d. “Household” means a group of individuals who share the same living unit.
2. Implementation. The City of Valley City will implement the updated ND Smart Restart Plan guidelines that became effective on October 15, 2020, and follow the provisions of Executive Order 2020-43 signed by Governor Doug Burgum on November 13, 2020, to help reduce the spread of COVID-19. Only essential workers and travel are recommended.
3. Businesses. In general, Businesses must limit occupancy to 25% with a cap of 50 people in any room or confined area. Businesses should implement Social Distancing and other practices in accordance with ND Smart Restart and require all occupants, including owners, managers, and employees, to wear Face Coverings.
a. Signage.
1) Post signs in conspicuous public areas of Business that
i. Display face covering and physical distancing requirements;
ii. Display symptoms of COVID-19;
iii. Instruct anyone experiencing symptoms to stay at home.
b. Restaurants, Bars, Breweries and Food Service.
1) Take-out, curbside, and delivery service is strongly recommended, and may continue to be provided with no time or hour restrictions.
City of Valley City
Emergency Order 2020-05.2
Effective November 18, 2020
Page 2 of 4
2) Must limit occupancy to 50% of licensed capacity with a cap of 150 patrons.
3) Food and beverage service must be provided to seated patrons; no “stand-up” service or service to patrons in waiting area is permitted.
4) Seating arrangements and tables must allow at least six feet of physical distance between individual parties.
5) Face Covering requirements apply unless individuals are actively eating or drinking.
6) On premise food and beverage consumption and service may be conducted only between the hours of 4:00 a.m. and 10:00 p.m.
7) Notwithstanding the limitations set forth herein, alcoholic beverage “on-sale” may be conducted at any time during regular business hours established under Valley City Municipal Code, by takeout, curbside delivery, or home delivery pursuant to Emergency Order 2020-02.3, as amended on November 18, 2020.
c. Public Transportation. All individuals providing public transportation services must wear a Face Covering while transporting passengers. Passengers must wear a Face Covering from pick-up to arrival at the destination.
4. Large Gatherings.
a. Gatherings in banquet, ballroom and event venues are limited to 25% room capacity not to exceed capacity limits identified within the ND Smart Restart Large Gathering Tiered Capacity guidelines.
b. It is strongly recommended that gatherings with estimated attendance in excess of capacity or maximum persons should be cancelled.
c. Businesses and/or event planners must submit an application to the City Administrator for approval no later than 30 days prior to any event. The plan must detail the nature of the event, expected attendance, and demonstrate that the event is being held in compliance with ND Smart Restart guidelines. The plan will be reviewed by a committee comprised of city and health department officials.
d. Food and beverage service must be provided to seated patrons; no “stand-up” service, or service to patrons in a waiting area is permitted.
e. Dance areas must be closed.
City of Valley City
Emergency Order 2020-05.2
Effective November 18, 2020
Page 3 of 4
f. Seating arrangements and tables must allow for at least six feet of physical distance between individual parties.
g. All occupants including owners, managers, and employees are required to wear Face Coverings unless actively eating or drinking.
h. Must follow signage requirements set forth in paragraph 3(a), above.
5. Face Coverings Required. Every person within the City of Valley City must wear a Face Covering in all indoor settings where they are exposed to non-Household members and where Social Distancing of 6 feet or more cannot be assured, and in all outdoor settings where there is exposure to non-Household members, unless there exists ample space of 6 feet or more to practice Social Distancing.
The following are exempt from wearing a Face Covering:
1. Persons younger than school age, although parents and guardians are encouraged to have such younger children wear Face Coverings when and where appropriate.
2. Persons with a medical condition or disability that prevents wearing a Face Covering.
3. Persons performing job duties where a 6 foot distance is not achievable, but a Face Covering is inhibitory to the ability to perform the job duty safely and effectively.
4. Persons participating in athletic activities where a 6 foot distance is not achievable, but a Face Covering is inhibitory to the activity.
5. Persons actively consuming food or drink.
6. Persons driving a motor vehicle alone or with passengers from the driver’s Household.
7. Persons receiving services that require access to the face for security, surveillance, or other purposes may temporarily remove a Face Covering while receiving those services.
8. Persons engaged in religious worship activities; however, Face Coverings are strongly encouraged.
9. Persons giving a speech or performance for broadcast or to an audience; however, those persons shall Social Distance from nearby individuals.
6. Enforcement of Other Applicable Laws. Law enforcement officers or local officials may enforce trespassing laws or other applicable laws in removing violators at the request of Businesses or other property owners.
7. Penalty. Pursuant to N.D.C.C. § 37-17.1-05(7), any person who willfully violates any provision of an executive order or proclamation issued by the governor pursuant to chapter 37-17.1 is guilty of an infraction. On November 18, 2020, the City approved the first reading of Ordinance 1067, setting forth a similar penalty for violations of an emergency order of the Mayor of the City.
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City of Valley City Emergency Order 2020-05.2 Effective November 18, 2020 Alcohol licensing. Pursuant to V.C.M.C. § 4-01-11(2)(c), the board of city commissioners may, in its discretion, suspend or revoke for cause, any alcoholic beverage license if the business of the licensee, at the location licensed is conducted in such a manner as to be in violation of the health, sanitary, or other regulations or ordinances of the city. 8. Effective Date and Term. The City Mask Plan, as revised herein, will remain in effect until 11:59 p.m. Sunday, December 13, 2020, unless the underlying state of emergency has ended, or unless it is modified or terminated sooner by motion or resolution approved by the Board of Commissioners.APPROVED this 18th day of November, 2020.
____________________________________
Dave Carlsrud, Mayor s/ Dave Carlsrud