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.