Tuesday, August 6, 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, Building/Fire Inspector Andersen,
Fire Chief Magnuson, Police Chief Hatcher, Deputy Auditor Klein, Chad Petersen
from KLJ.
Approval of Agenda – Addition of Consent I, N11,
N12, R1
Approval of Minutes
Commissioner Bishop moved to approve the minutes from the July 16, 2019 meeting, seconded by Commissioner Powell. Motion carried.
Approval of Consent Agenda
- Approve Monthly Reports from the Fire Chief, Building Inspector,
Auditor, Municipal Judge and Public Works Accountant.
- Approve Monthly Bills for the City and Public Works in the Amount
of $1,801,841.05
- Approve Block off Street Request for Sheyenne Valley Backing the
Badge on August 29, 2019 for Community Extravaganza on 100 – 300 blocks of
Central Avenue N
- Approve Block off Street Request for Sheyenne Valley Backing the
Badge on September 21, 2019 for Got your 6K on 4th Street NW, 9th
Avenue NW, 12th Street NW, Central Avenue, Chautauqua Boulevard, and
6th Street NE
- Approve Application for Retail Tobacco License for Dakota Silver,
LLC
- Approve Application for Plumber License for TNT Plumbing
- Approve Application for Tree Trimming & Removal License for
Z’s Trees
- Approve Raffle Permits for Valley City USBC Association
- Approve Raffle Permit for Sue Olson Benefit, Barnes County Senior Citizen
Council
Commissioner Erickson moved to approve the consent agenda,
seconded by Commissioner Magnuson. The motion passed unanimously.
Public Comments
There were no public
comments.
New Business
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 stated the Barnes County Commission has
approved a request of $25,000 per year for 2 years to support this project as
well. Feist stated Salesforce is a nationally recognized Customer Relationship
Management software. The position would be advertised after funds approved with
goal to start courses January 1, 2020. Commissioner Powell moved to approve the
request from Valley City-Barnes County Development Corporation, seconded by
Commissioner Bishop. The motion passed unanimously.
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, Chair of Visitors Committee, reviewed the
proposal for a slanted awning which received a due pass recommendation.
Commissioner Magnuson moved to approve the grant as presented, seconded by
Commissioner Bishop. The motion passed unanimously.
Consider
recommendation from Visitors Committee to send letters to all Food &
Beverage vendors
Bobby Koepplin stated the 1% Food & Beverage tax is
collected by the State and dispersed to the City. Koepplin asked for a notification
to be sent to the vendors as a reminder of the code. City Auditor Richter reported vendor list was
sent to State last year with about 60 vendors on the list. Richter recommends
postcard be sent to vendors. Magnuson requested letter be sent with more
details.
Commissioner Magnuson moved to approve, seconded by Commissioner Powell. The motion passed unanimously.
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 for the
following:
4. 546 Legacy Lane by Legacy Developments, LLC and designate
it as VC-116
5. 550 Legacy Lane by Legacy Developments, LLC and designate
it as VC-117
6. 441 12 ½ St NE by Legacy Developments, LLC and designate
it as VC-118
7. 461 12 ½ St NE by Legacy Developments, LLC and designate
it as VC-119
Commissioner Magnuson moved to approve VC-116, VC-117,
VC-118, and VC-119 as presented, seconded by Commissioner Bishop. The motion
passed unanimously.
Approve Application
for Property Tax Exemption for Improvements at 535 4th Avenue SW
City Assessor Hansen recommended approval of this
application. Commissioner Bishop moved to approve the application, seconded by
Commissioner Powell. The motion passed unanimously.
Approve Application
for Property Tax Exemption for Improvements at 107 6th Ave SW City
Assessor Hansen recommended approval of this application. Commissioner Erickson
moved to approve the application, seconded by Commissioner Bishop. The motion
passed unanimously.
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 stated the NDDOT is asking for
City involvement with a storm sewer project near Exit 290. Schelkoph recommended
approval of this agreement. Commissioner Magnuson moved to approve the
preliminary engineering reimbursement agreement, seconded by Commissioner
Powell. The motion passed unanimously.
Approve Gaming Site
Authorization for James K McAleer AMVETS Post 20 of Steele, ND at VFW 138 Main
Street E for August 1, 2019 – June 30, 2020
City Attorney Martineck stated that as long as the AMVETS is
completely separate from the VFW in Valley City and that the VFW is not
receiving any funding from the gaming, the ND Attorney General’s Office would
approve this request. Martineck stated gaming returns to Steele, income
received by the VFW must go directly to Valley City local charities since VFW
in arrears with state. Elaine Walls from VFW stated food and beverage revenues
are down since gaming stopped. Martineck stated the State monitors gaming
sites. Commissioner Bishop moved to approve the gaming site authorization,
seconded by Commissioner Erickson. The motion passed unanimously.
Approve Special
Alcohol Beverage Event Permit for The Labor Club on August 23, 2019 in the
Labor Club South Parking Lot
City Auditor Richter reported this is a date change from a
previous application. Schelkoph asked that the noise ordinance be followed.
Police Chief Hatcher & Fire Chief Magnuson indicated no issue with the date
change. Commissioner Magnuson moved to approve the permit, seconded by
Commissioner Powell. The motion passed unanimously.
Ordinance
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 stated the purpose of Ordinance No.
1047 is to bring V.C.M.C. into compliance with N.D.C.C. Martineck stated the
most substantive changes are to increase traffic fees. All current fees are
doubled in the proposal except General Moving Violations (Stop Signs), Speed
Zones greater than 65 MPH, and Speeding in Construction Zone. Martineck stated
per City Commission recommendation, the stop sign fee could be increased to
$80. Commissioner Bishop moved to approve Ordinance No. 1047 with the stop sign
fee set at $80, seconded by Commissioner Powell. Commissioner Erickson
disagreed with $80 fee. Roll Call: Bishop – aye; Powell – aye; Magnuson – aye;
Erickson – nay; Carlsrud – aye. Motion carried.
RESOLUTION
Approve Resolution
No. 2215, a Resolution Amending the Master Fee Schedule re: Parking Fees
City Attorney Martineck stated this amends the $20 parking ticket and adds the $5 fee for failure to use or obscure mobility-impaired parking certificate. Commissioner Erickson moved to approve Resolution No. 2215, seconded by Commissioner Bishop. The motion passed unanimously.
Public Hearing
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 stated the Special Assessment
Commission met on July 23, 2019. Several property owners were in attendance. Special
Assessment Commission recommends approval. Commissioner Bishop moved to close
the hearing, seconded by Commissioner Powell. The motion passed unanimously.
Approve Special Assessments as recommended by the Special Assessment
Commission for Paving Improvement District No. 116
Commissioner
Bishop moved to approve the Special Assessments as presented, seconded by
Commissioner
Magnuson. The motion passed unanimously.
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
President Carlsrud declared the public hearing open. City
Auditor Richter reported the Special Assessment Commission met on July 23, 2019
and recommended approval. Commissioner Magnuson moved to close the hearing,
seconded by Commissioner Powell. The motion passed unanimously.
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
Commissioner Powell moved to approve the
Special Assessments as presented, seconded by Commissioner Magnuson. The motion
passed unanimously.
Public Hearing for
the Issuance of Class H Brewer Taproom License to Brockopp Brewing, LLC
President Carlsrud Declare public hearing open. City
Attorney Martineck stated a Microbrewery license was previously issued; the
ordinance was amended to provide for a Class H Brewer Taproom which match their
business plans. Commissioner Magnuson moved to close the hearing, seconded by
Commissioner Erickson. The motion passed unanimously.
Consider
Issuance of Class H Brewer Taproom License to Brockopp Brewing, LLC
Commissioner Erickson moved to approve the
Class H license, seconded by Commissioner Bishop. The motion passed
unanimously.
Public Hearing for
Transfer of Class B and Class C Alcoholic Beverage Licenses to Mosby, LLC dba
Boomer’s Corner Keg
City Auditor Richter reported this is a transfer. President
Carlsrud declared the public hearing open. Commissioner Erickson moved to close
the hearing, seconded by Commissioner Magnuson. The motion passed unanimously.
Consider
Issuance of Class B and Class C Alcoholic Beverage Licenses to Mosby, LLC dba
Boomer’s Corner Keg
Commissioner Magnuson moved to approve the
issuance of licenses, seconded by Commissioner Powell. The motion passed
unanimously.
Public Hearing
regarding alleged violation of V.C.M.C. 4-01-06 by Woodland Steakhouse
President Carlsrud declared public hearing open. Diane
Hatcher, Woodland Steakhouse owner, questioned violation. City Attorney
Martineck stated licenses were due June 3, 2019 at 5 pm. The Commission
approved an extension until June 28, 2019 at 10 am. Hatcher stated she wasn’t
aware of the deadline, assumed end of business. Commissioner Bishop stated if
the licensee wasn’t informed 10 am deadline, the licensee met the burden.
Commissioner Magnuson looking for compliance. City Auditor Richter asked for
increased awareness, ensure time to process application. City Attorney
Martineck stated the new ordinance includes fee for late application.
Commissioner Magnuson moved to close the hearing, seconded by Commissioner
Erickson. The motion passed unanimously.
Consider
suspension of alcoholic beverage licenses for Woodland Steakhouse due to
violation of V.C.M.C. 4-01-06
Commissioner Magnuson moved that there be no suspension,
seconded by Commissioner Erickson. The motion passed unanimously.
Public Hearing
regarding alleged violation of V.C.M.C. 4-01-06 by Sabir’s Dining & Lounge
President Carlsrud declared public hearing open. City Auditor Richter stated Mr. Sabir brought his application late due to medical issues. Nam Sabir acknowledged late application. Commissioner Magnuson moved to close the hearing, seconded by Commissioner Bishop. The motion passed unanimously.
Consider
suspension of alcoholic beverage licenses for Sabir’s Dining & Lounge due
to violation of V.C.M.C. 4-01-06
Commissioner Bishop moved that there be no
suspension, seconded by Commissioner Powell. The motion passed unanimously.
Public Hearing
regarding alleged violation of V.C.M.C. 4-01-06 by VFW Post No. 2764
City Attorney Martineck stated the VFW was closed July 1 –
July 10 before a license was issued after a Special Commission meeting.
Commissioner Magnuson moved to close the hearing, seconded by Commissioner
Erickson. The motion passed unanimously.
Consider
suspension of alcoholic beverage licenses for VFW Post No. 2764 due to
violation of V.C.M.C. 4-01-06, Alcoholic Beverage
Commissioner Bishop moved that there be no
suspension as VFW was closed for 9 days, seconded by Commissioner Powell. The
motion passed unanimously.
Public Hearing to
Consider alleged violation of V.C.M.C. 4-01-14, Alcoholic Beverage by American
Legion Club
President Carlsrud declared the public hearing open. City
Attorney Martineck stated there was no written request to hold administrative
hearing by the American Legion to contest the findings. Greg Bennefield, Post
Commander, spoke about community involvement of American Legion Club and asked Commission
for leniency. Jerry Bennefield, Legion Club Baseball, reviewed the statements
of the employees. Commissioner Bishop inquired if last call is planned for
12:30 AM. Jerry Bennefeld stated yes; however, did not continue because it is a
profitable time. Commissioner Magnuson emphasized the importance of the 2 AM
closing time. City Attorney Martineck stated the V.C.M.C. requires a $500 fine
and that the City Commission has discretion over the length of the suspension. Commissioner
Magnuson moved to close the hearing, seconded by Commissioner Powell. The
motion passed unanimously.
Consider
proposed disposition for American Legion Club regarding violation of V.C.M.C.
4-01-14, Alcoholic Beverage
Commissioner Bishop moved for the American
Legion Club to pay the $500 fine and a 10 day suspension to be served
consecutively. Motion died for lack of second.
Commissioner Erickson good with just $500
fine.
Commissioner Magnuson moved for the
American Legion club to serve a 7 day suspension with 3 day and 4 day splits; seconded
by Commissioner Bishop. President Carlsrud stated that with blocks of time,
concerned with small business survivability. Commissioner Powell spoke against
block of days. Roll Call: Magnuson – aye; Bishop – aye; Powell – nay; Erickson
– nay; Carlsrud – nay. Motion failed.
Commissioner Bishop moved that suspend
license for 15 days to be picked by establishment in 1 year time frame, Bishop
amended his motion from 15 days to 14 days. Motion died for lack for a lack of
second.
Commissioner Magnuson moved to suspend for twelve
non consecutive days in a one year time frame to be provided by licensee,
seconded by Commissioner Bishop. Roll Call: Powell – nay; Bishop – aye;
Magnuson – aye; Erickson – nay; Carlsrud – aye. Motion carried.
City Administrator’s Report
There was no City Administrator’s Report.
City Updates & Commission Reports
City Assessor Hansen
reported the ND Assessors Annual Conference & ND State Equalization meeting
is next week.
President Carlsrud:
shout out to the City Staff for work on budget preparations. Reminded the
public: don’t text and drive; pedestrians please face traffic.
Adjourn
Meeting was adjourned at 6:27 P.M.
Dave Carlsrud, President of the
City of Valley City Commission
Attested to by:
Avis Richter, City Auditor
City of Valley City