Valley City Commission Proceedings

Tuesday, September 5, 2019

President Carlsrud called the meeting to order at 5:00 PM.

Members Present: Commissioner Bishop, Commissioner Powell.

Members Absent: Commissioner Magnuson, Commissioner Erickson.

Others Present: City Administrator Schelkoph, City Attorney Martineck, City Auditor Richter, Deputy Auditor Klein, Police Chief Hatcher, Building Inspector Andersen, Fire Chief Magnuson, Public Works Accountant Jacobson.

Approval of Agenda- Addition of Consent E

Approval of Minutes

Commissioner Bishop moved to approve the minutes from the August 20 & 29, 2019 meetings, seconded by Commissioner Powell. The motion passed unanimously.

Approval of Consent Agenda

1. Approve Monthly Reports from the Fire Chief, Building Inspector, Auditor, Municipal Judge and Public Works Accountant.
2. Approve Monthly Bills for the City and Public Works in the Amount of $2,498,500.62
3. Approve Raffle Permit for Barnes County Historical Society
4. Approve Block off the Street Request for VCSU on September 27, 2019 on College Street SW from 2^nd Avenue SE to 2^nd Avenue SW for Presidential Inauguration Concert at 8 PM
5. Approve Parade Application for VCHS Student Council for Homecoming Parade on October 4, 2019 at 4 PM on Central Avenue N from Jefferson Elementary to Footbridge

Commissioner Powell moved to approve the consent agenda, seconded by Commissioner Bishop. The motion passed unanimously.

Public Comments

There were no public comments.

Ordinance

Approve second and final reading of Ordinance No. 1048, an Ordinance Amending Title 5, Animals

City Attorney Martineck reported there have been no changes since the first reading and reviewed the changes. Commissioner Bishop moved to approve the second and final reading of Ordinance No. 1048, seconded by Commissioner Powell. The motion passed unanimously.

Approve first reading of Ordinance No. 1049, an Ordinance Amending Title 14, Motor Vehicles & Traffic Specifically 14-10-49(17), Stopping, standing, or parking prohibited in specific places

City Attorney Martineck stated the parking is limited to 72 hour at a time but currently, there is no designation of how far vehicles must move. With this change, recommending 50’ of movement required. Commissioner Bishop moved to approve the first reading of Ordinance No. 1049, seconded by Commissioner Powell. The motion passed unanimously.

Resolution

Approve Final Plans, Specifications, and Estimate Of Probable Costs and Authorizing Engineer To Advertise For Bids for 5^th Avenue NW – NDDOT Project No. SU-2-990(059) in the following resolutions:

• Resolution No. 2217 for Paving Improvement District No. 118
• Resolution No. 2218 for Storm Sewer Improvement District No. 53
• Resolution No. 2219 for Water Main Improvement District No. 101
• Resolution No. 2220 for Sanitary Sewer Improvement District No. 65

Chad Petersen from KLJ stated the project is NDDOT has bids due for this project on November 8, 2019. Commissioner Powell moved to approve Resolutions No. 2217, 2218, 2219, and 2220; seconded by Commissioner Bishop. The motion passed unanimously.

New Business

Approve Amendment to Engineering Agreement for 5^th Avenue NW Reconstruction in an amount not to exceed $40,000

Chad Petersen from KLJ stated the amendment to the engineering agreement due to the complexity of the project as well as ensuring NDDOT requirements are met. City Administrator Schelkoph recommended approval of the amendment. Commissioner Powell moved to approve the recommendation, seconded by Commissioner Bishop. The motion passed unanimously.

Consider the Meter Data Management contract from MRES [and software provider, UtiliSmart]

City Administrator Schelkoph stated the project began a year ago and will expand into a Meter Data Management System. This will allow the City to have easier access to the data (for example, the Electrical Department will have access to outage location information); customer access to data and utility bill online; and allows the City & customers to prepare for time of use billing that MRES is planning to implement in 2023. Schelkoph recommends that the City Commission enter into two contracts with MRES and the software provider [UtiliSmart]. Commissioner Bishop moved to approve the contracts as presented, seconded by Commissioner Powell. The motion passed unanimously.

City Administrator’s Report

There was no City Administrator’s report.

City Updates & Commission Reports

City Auditor Richter reported the City received a “clean” audit for 2018 from Eide Bailley. The first reading of the 2020 Budget Ordinance and public hearing will be on September 17.

Chad Petersen from KLJ reported Central Avenue is closed from north of Hanna Field to 12^th Street with east-west traffic on a one-way. Additional work includes Main, 6^th & 9^th Street intersections and installion of street lights. Storm Sewer 50 includes landscaping south of Winter Show Road; boring continues on 4^th Avenue SW with closure on Winter Show Road next week.

Commissioner Powell asked the public to call again if power doesn’t return during an outage.

Commissioner Bishop asked the public that with construction near Jefferson Elementary, please respect no parking signs.

President Carlsrud thanked citizens who are following guidelines at Jefferson; congratulations to team for clean audit.

Adjourn

Meeting was adjourned at 5:21 P.M.

Dave Carlsrud, President of the
City of Valley City Commission

Attested to by:
Avis Richter, City Auditor
City of Valley City

Thursday, August 29, 2019

President Carlsrud called the meeting to order at 12:00 PM.

Members present: Commissioner Magnuson, Commissioner Bishop, Commissioner Erickson.

Members absent: Commissioner Powell.

Others Present: City Administrator Schelkoph, City Auditor Richter, City Attorney Martineck, Fire Chief Magnuson, Police Chief Hatcher.

New Business

Approve Raffle Permit for Hi-Liner Booster Club
Commissioner Magnuson moved to approve, seconded by Commissioner Bishop. The motion passed unanimously.

Approve Application for Fireworks Display Permit for RES Pyro at Valley City State University on August 29, 2019
Commissioner Bishop moved to approve, seconded by Commissioner Magnuson. The motion passed unanimously.

Adjourn

Meeting was adjourned at 12:03 PM.

Dave Carlsrud, President of the
City of Valley City Commission

Attested to by:
Avis Richter, City Auditor
City of Valley City

Tuesday, ­August 20, 2019

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, Chad Petersen from KLJ.

Approval of Agenda

Approval of Minutes

Commissioner Bishop moved to approve the minutes from July 22, 23, 30 and August 5 and 6, 2019 meetings, seconded by Commissioner Powell. The motion passed unanimously.

Approval of Consent Agenda

1. Approve Application to Block off Street for VCSU Vikings Campus Activity Board on August 28, 2019 from 9:00 PM to 12:00 AM on 2^nd Avenue SE
2. Approve Application to Block off Street for Twin City Roofing for 3^rd Street NW & Central Avenue beginning September 3, 2019 for two weeks – to include the parking locations only
3. Approve Retail Tobacco License for Mosby LLC dba Boomers Corner Keg

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 fist reading of Ordinance No. 1048, an Ordinance Amending Title 5, Animals

City Attorney Martineck stated there are three revisions 1) impounding animals procedures are now located in one section versus several in previous version, 2) clarifying that any offense including vicious dog will be classified as a B misdemeanor, 3) changing the 1^st and 2^nd offenses for animals at large to be an administrative fine with the 3^rd or later offense will go to the municipal judge.

Commissioner Powell moved to approve Ordinance No. 1048, seconded by Commissioner Erickson. The motion passed unanimously.

Resolution

Approve Resolution No. 2216, A Resolution Approving Comprehensive Land Use and Transportation Plan

Peggy Harter from Stantec presented a summary of the Comprehensive Land Use and Transportation Plans. Carron Day from Stantec was available by phone.  

Harter provided background on the Comprehensive Land Use & Transportation Plan which includes plans to 2045; based on demographic projections of 9,450 and anticipated capital improvements for maintenance and growth. The future land use map provides plans for infrastructure needs but is not a zoning or regulatory document. The Valley City 2045 Transportation Plan looked at growth for non-local roads. Harter reported two bridges in Valley City are eligible for federal funds; two future growth areas have been identified in the NW and SE with possible collector road locations identified. Harter stated the report contains recommended changes for the urban road functional classifications.

Commissioner Bishop moved to approve Resolution No. 2216, seconded by Commissioner Powell. The motion passed unanimously.

Approve Resolution No. 2217, a Resolution Establishing a Valley City Barnes County Complete Census Taskforce for the 2020 Census

President Carlsrud presented the request. The State receives $19,100 per person per census period. Carlsrud requested authorization for the task force to encourage good results for Valley City & Barnes County. Commissioner Magnuson moved to approve Resolution No. 2217, seconded by Commissioner Erickson. The motion passed unanimously.

New Business

Review long range schedule for Permanent Flood Protection and city infrastructure improvements

City Administrator Schelkoph provided an overview of the topics to be presented.

Regarding Permanent Flood Protection, Chad Petersen from KLJ provided background information on funding received to date. Petersen stated the original plan for Phase V was to continue from Dakota Silver east towards Mercy Hospital at the intersection of Chautauqua Boulevard and 6^th Avenue NE. The City has two areas along 6^th Avenue SW with erosion concerns as the main sewer runs along 6^th Avenue SW. Petersen stated the Commission could re-prioritize the location included in Phase V to now include 6^th Avenue SW. Petersen stated a request to the State Water Commission will be made in October 2019 for construction dollars for Phase IV and design dollars for Phase V. Phase V construction will likely begin in 2022. Petersen stated Phase V will also include work near the mill dam and after this work is done, the City could remap to get areas out of the floodplain. Petersen stated the work along 6^th Avenue SW will need floodwalls with one lift station as well. Consensus was to move forward with 6^th Avenue SW for the Phase V request.

Regarding special assessment cost shares, City Administrator Schelkoph reviewed a document outlying the current cost shares the City has for property owners. Schelkoph stated for example, along 7^th Avenue NW, the City is pickup up over 69% of the cost.

Regarding long range goals and infrastructure plans, City Administrator Schelkoph reported with the “Prairie Dog” funding, an addition $1.7 million is available to the City for infrastructure projects and is looking for guidance and vision from the Commission for its use.

Chad Petersen from KLJ stated with the R&R fund, the City has $3 million per year that can be invested in infrastructure projects. Watermain replacements is a large priority. Petersen reported there are 8 miles of 4” and 6” watermain that need replacement. Petersen provided three options for replacement of watermains:

1. Watermain only
2. Street reconstruction with watermain and sanitary sewer upgrades
3. Street reconstruction with watermain and sanitary sewer replacement

Petersen detailed projected costs as described in a memorandum dated August 15, 2019 re: “Long-Range Planning for City Infrastructure Projects.”

The 8 miles of watermain could be replaced over the next 10 years. Petersen recommended that the City continue 50-70 blocks of seal coat per year at an estimated cost of $500,000 to the R&R fund per year. Petersen provided a summary of the current projects programmed for 2020 – 2022 as outlined in the memo. Petersen and Schelkoph confirmed the 2020 projects are locked in, adjustments could be made to the 2021 and 2022 lists. Schelkoph stated the northwest part of town is the critical area to consider for watermain replacements, especially 4” mains.

In response to Commissioner Bishop question, City Auditor Richter stated the City could look at what special assesments are still being paid for the area. Petersen stated there have been no major improvements since late 1970s and 1980s with a seal coat in the late 2000s for this area. City Administrator Schelkoph stated the “Prairie Dog” funds can not be used for debt service and that there is no sunset clause; he expects the funds to be available for at least 10 years for non-oil producing counties.

City Administrator’s Report

There was no report.

City Updates & Commission Reports

Building Inspector Andersen reminded the public that trees overhanging sidewalks or traffic need to be trimmed.
Chad Petersen from KLJ reported work on Storm Sewer 50 continues and will turn towards east. Permanent Flood Protection Phase IIA walls are progressing for pump station. Central Avenue construction continues and is impacting VCHS (will be open to normal traffic but adjusted pedestrian flows). Central Avenue from 9^th Street to Hanna Field parking lot will be a one way. Four to six week impact to Jefferson Elementary flows.

Commissioner Powell asked the public to watch out for pedestrians and bicyclists as school starts.

Commissioner Bishop stated “do not enter” means do not enter in the construction zone.

President Carlsrud thanked staff for work. Calrsurd promoted participation in the upcoming census and asked the public to watch out for kids at Jefferson Elementary and the construction zone.

Adjourn

The meeting adjourned at 6:21 PM.

Dave Carlsrud, President of the
City of Valley City Commission

Attested to by:
Avis Richter, City Auditor
City of Valley City

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

1. Approve Monthly Reports from the Fire Chief, Building Inspector, Auditor, Municipal Judge and Public Works Accountant.
2. Approve Monthly Bills for the City and Public Works in the Amount of $1,801,841.05
3. 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
4. Approve Block off Street Request for Sheyenne Valley Backing the Badge on September 21, 2019 for Got your 6K on 4^th Street NW, 9^th Avenue NW, 12^th Street NW, Central Avenue, Chautauqua Boulevard, and 6^th Street NE
5. Approve Application for Retail Tobacco License for Dakota Silver, LLC
6. Approve Application for Plumber License for TNT Plumbing
7. Approve Application for Tree Trimming & Removal License for Z’s Trees
8. Approve Raffle Permits for Valley City USBC Association
9. 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 4^th 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 6^th 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 8^th Avenue SW, Wintershow Drive, and 5^th 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 3^rd 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 3^rd 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