Clean up Week

City Clean up

 

Attention Valley City Residents

City Cleanup

May 24TH through May 28th

Valley City will conduct its annual residential waste cleanup the week of May 24TH through May 28TH.  The free pickup and disposal for residential waste only.

Valley City residents are encouraged to clean up, clean off, and clean out their properties.  On your regular garbage pickup day, put all your garbage, including the extra, out in your regular pick up spot by 7:00 AM, and Valley City Public Works will pick it up.  There is no limit on the number of bags, cans, boxes, etc., and no extra charge.  We will pick up general household garbage, couches, chairs, furniture, branches and wood DO NOT BAG OR BOX BRANCHES.  Paints and liquids can be disposed of in a dry, hardened form.  Cat litter, floor dry or sawdust can be used to absorb the liquid.  Empty cans can be left out with garbage. LEFTOVER PAINT WILL BE ACCEPTED AT THE LANDFILL DURING CLEAN UP WEEK BUT MUST BE DRIED.

Separate items into piles

  • branches and tree (will be picked up the week after cleanup week)
  • household garbage
  • bricks, shingles, cement, wood products, rocks, large carpet rolls

Residents may take their appliances to Valley Recycling Center.

The following items WILL NOT be picked up:

Leaves and grass need to be taken to the collection site at the landfill at no charge.

  • Tires must be taken to the transfer station. The disposal fee cannot be charged, cash only.
  • Batteries may be taken to Valley Recycling Center.
  • Scrap metal may be taken to Valley Recycling Salvage Yard at 11481 35th ST SE  (north of Valley City landfill)

Help the garbage crews by putting the garbage into boxes, bags or cans not to exceed 32 gallons or 50 lbs.

Note:  Free disposal of grass, leaves, branches, trees, used motor oil and metal can be disposed of at the Transfer Station all year long. Metal is free for city residents not businesses.

11/3/2020 Commission Agenda

The City Commission Meeting will begin on Tuesday, November 3rd, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2nd Avenue NE, Valley City, ND. Members of the public are not permitted in the Commission Chambers due to COVID-19 and as allowed in ND Executive Order 2020-16.
Members of the public may view the meeting online https://zoom.us/j/93667792633 or listen by calling (1 346 248 7799) Webinar ID: 936 6779 2633

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE (PLEASE STAND)

APPROVAL OF AGENDA

APPROVAL OF MINUTES
Minutes from October 20, 2020 meeting

APPROVAL OF CONSENT AGENDA
A. Approve Monthly Reports from the Fire Chief, Building Inspector, Auditor, Municipal Judge and Public Works Accountant.
B. Approve Monthly Bills for the City and Public Works in the Amount of $
Roll Call: Bishop Magnuson Gulmon Erickson Carlsrud

Public Comments
Attorney General’s “A Citizen’s Guide to North Dakota Open Records & Open Meetings Laws” *A member of the public does not have the right to speak to the governing body at an open meeting. The public is only entitled to see and hear what happens at a meeting, and to record or broadcast those observations.
 No personal attacks to persons present or not
 No inflammatory language used during time that you have the platform
 5 minute maximum or as directed by the chair
 Thank you for participating in City Government.

ORDINANCE

  1. Approve first reading of Ordinance No. 1066, an Ordinance Approving Franchise Agreement with Qwest/CenturyLink. (City Attorney Martineck)
    Roll Call: Erickson Magnuson Bishop Gulmon Carlsrud

RESOLUTION

  1. Approve Resolution No. 2264, a resolution accepting bid and awarding contract to Strata Corporation for Project No. UGP-SU-2-999(051), PCN 22280-Streetscape Phase II. (KLJ)
    Roll Call: Gulmon Erickson Magnuson Bishop Carlsrud

NEW BUSINESS

  1. Approve annual Maintenance Certification for urban federal aid projects. (KLJ)
    Roll Call: Bishop Gulmon Erickson Magnuson Carlsrud

CITY ADMINISTRATOR’S REPORT
CITY UPDATES &COMMISSION REPORTS
ADJOURN

07/21/2020 City Commission Agenda

The City Commission Meeting will begin on Tuesday, July 21, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2nd Avenue NE, Valley City, ND. Members of the public are not permitted in the Commission Chambers due to COVID-19 and as allowed in ND Executive Order 2020-16.
Members of the public may view the meeting online
https://zoom.us/j/93023533399?pwd=NXFUcE9Mc2NXUE5ldmx1akcwMzc2dz09
Password: 1GgA30 or listen by calling (1 346 248 7799) Webinar ID: 930 2353 3399 Password 716237

CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE (PLEASE STAND)
APPROVAL OF AGENDA
APPROVAL OF MINUTES

Minutes from July 7, 2020 meeting

APPROVAL OF CONSENT AGENDA

A. Approve Mechanical Contractor License for Laney’s Inc.
B. Approve Block off Street Application for the VC Chamber of Commerce on July 22nd for
Crazy Daze.
Roll Call: Gulmon Bishop Magnuson Erickson Carlsrud

PUBLIC COMMENTS

During the COVID-19 emergency, members of the public may request to make a public comment regarding city business by contacting City Hall (701) 845-1700 by 12 NOON on the day of the meeting to make arrangements.
Attorney General’s “A Citizen’s Guide to North Dakota Open Records & Open Meetings Laws” *A member of the public does not have the right to speak to the governing body at an open meeting. The public is only entitled to see and hear what happens at a meeting, and to record or broadcast those observations.
 No personal attacks to persons present or not
 No inflammatory language used during time that you have the platform
 5 minute maximum or as directed by the chair
 Thank you for participating in City Government.

ORDINANCE

  1. Approve second and final reading of Ordinance No. 1058, an Ordinance Creating Section 20-04.01 to Extend City Sales, Use & Gross Receipts Tax dedicated to Permanent Flood Protection (City Attorney Martineck)
    Roll Call: Bishop Erickson Gulmon Magnuson Carlsrud
  2. Approve second and final reading of Ordinance No. 1062, an ordinance to amend and reenact sections 14-08-07 and 14-08-20 of the Valley City Municipal Code related to penalties for striking unattended motor vehicle and driving without liability insurance. (City Attorney Martineck)
    Roll Call: Magnuson Bishop Erickson Gulmon Carlsrud

RESOLUTION

  1. Approve Resolution No. 2258, a resolution accepting bid and awarding contract for Permanent Flood Protection Erosion Mitigation Phase 1 (Woodland Park Riverview Drive). (KLJ Engineer)
    Roll Call: Erickson Gulmon Bishop Magnuson Carlsrud

NEW BUSINESS

  1. Approve Special Alcohol Beverage Permit for the Valley City Eagles Aerie 2192 on Central Avenue-200 Block for Summer Nights on Central Event on 7/23/2020, 7/30/2020, 8/20/2020 and 8/27/2020. (Finance Director Richter)
    Roll Call: Magnuson Erickson Gulmon Bishop Carlsrud
  2. Approve quote for Storm Sewer Inlet Repair at 8th Ave SW/Main Street. (KLJ Engineer)
    Roll Call: Bishop Erickson Gulmon Magnuson Carlsrud
  3. Census 2020 Report (Mayor Carlsrud/Fire Chief Magnuson)

CITY ADMINISTRATOR’S REPORT
CITY UPDATES &COMMISSION REPORTS
ADJOURN

07/07/2020 City Commission Agenda

The City Commission Meeting will begin on Tuesday, July 7, 2020 at 5:00 PM CT, at City Commission Chambers, 254 2nd Avenue NE, Valley City, ND. Members of the public are not permitted in the Commission Chambers due to COVID-19 and as allowed in ND Executive Order 2020-16.

Members of the public may view the meeting online https://zoom.us/j/91887157013?pwd=NTc1NG5QQW1VNU5uRUF5VzVTUEVLUT09

Password: 9eRAAF or listen by calling (1 346 248 7799) Webinar ID: 918 8715 7013 Password 793869

Call To Order
Roll Call
Pledge of Allegiance (Please Stand)
Oath of Office for Police Officer Ian Jacobson

Approval of Agenda

Approval of Minutes

Minutes from June 23, 2020 meeting

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
  3. Approve Block off the Street Request for On the Move “Let’s Walk Valley City” Event on July 20, 2020 from 5:00 PM to 8:00 PM at 4th Ave NE from 9th Street NE to 6th Street NE

Roll Call:          Erickson           Gulmon           Bishop             Magnuson        Carlsrud


Public Comments

During the COVID-19 emergency, members of the public may request to make a public comment regarding city business by contacting City Hall (701) 845-1700 by 12 NOON on the day of the meeting to make arrangements.

Attorney General’s “A Citizen’s Guide to North Dakota Open Records & Open Meetings Laws” *A member of the public does not have the right to speak to the governing body at an open meeting.  The public is only entitled to see and hear what happens at a meeting, and to record or broadcast those observations.

  • No personal attacks to persons present or not
  • No inflammatory language used during time that you have the platform
  • 5 minute maximum or as directed by the chair
  • Thank you for participating in City Government.

Ordinance

  • Approve second and final reading of Ordinance No. 1060, an ordinance to amend and reenact Chapter 5 of Title 8 and Section 11-05-18 of the Valley City Municipal Code, relating to mobile vendors and transient merchants.

Roll Call:          Gulmon           Bishop             Magnuson        Erickson          Carlsrud

  • Approve second and final reading of Ordinance No. 1061, an Ordinance to Adopt and Enact Section 1-01-15 of the Valley City Municipal Code related to Crime Victim Witness Fee (City Attorney Martineck)

Roll Call:          Erickson          Gulmon           Magnuson        Bishop             Carlsrud

  • Approve first reading of Ordinance No. 1058, an Ordinance Creating Section 20-04.01 to Extend City Sales, Use & Gross Receipts Tax dedicated to Permanent Flood Protection (City Attorney Martineck)

Roll Call:          Bishop             Erickson          Gulmon           Magnuson        Carlsrud

Resolution

  • Approve Resolution No. 2258, a Resolution Amending Fee Schedule for Commercial Tree and Branch Disposal (Commissioner Erickson)

Roll Call:          Erickson           Gulmon           Bishop             Magnuson        Carlsrud

New Business

  • Discuss job title for City Administrator position (Commissioner Bishop)

Roll Call:          Gulmon           Bishop             Magnuson        Erickson          Carlsrud

  • Approve Appointment for the Visitors Committee (1 opening, 4 year term ending June 30, 2024)

Roll Call:          Bishop             Erickson          Gulmon           Magnuson        Carlsrud

  • Approve Property Tax Exemption for Improvements to Residential Building at 905 9th Avenue SE (City Assessor Hansen)

Roll Call:          Magnuson         Gulmon           Bishop             Erickson          Carlsrud

  • Approve Assistant Public Works (Operations) Superintendent Position for Succession Planning (City Attorney Martineck)

Roll Call:          Gulmon           Bishop             Magnuson        Erickson          Carlsrud

City Administrator’s Report
City Updates & Commission Reports
Adjourn

Bob Anderson photo

Introducing 2020 City Forester & Forestry Reminders

Bob Anderson serves as the City Forester for the City of Valley City. The City has a part-time forester during the months of May through September to enforce ordinances and identify diseased trees.

“I am looking forward to working with you to keep our trees in Valley City both beautiful and safe.  I am also a resource for you if you have any tree questions,” says Anderson.

Here is a short list of things you can do to make our Dutch Elm Disease prevention program successful:

  • Quick removal of diseased elms from the urban forest once they have been identified for Dutch Elm Disease.
  • Quick disposal of elm wood and stumps (elm bark beetles live under the bark, and a few logs stacked in someone’s backyard can jeopardize healthy elms within a couple blocks).
  • Notify the City Forester if you would like me to inspect your tree or are concerned a tree might have Dutch Elm Disease.

Here is a short list of things you can do to keep our trees safe:

  • Keep your trees trimmed so there is 8’ of clearance above sidewalks.
  • If you think a tree poses a public hazard, please notify the City Forester and he will inspect it.
  • Please refer to Section 8-06-16 of the City Code before planting trees near streets and sidewalks.  The City also has a handout of suggested tree species to plant.
COVID-19 Briefing Wednesday at 5:30 PM with City of Valley City and City County Health District logos

05/26/2020 COVID-19 Briefing

City of Valley City Hosting COVID-19 Response Briefing on May 27

WHO: Officials from City-County Health District, City and County Government, and Barnes County Senior Services are expected to speak.

Speakers will include:

  • Theresa Will – Administrator for City-County Health District
  • Scott Magnuson – Valley City Fire Chief
  • Pat Hansen – Director of Barnes County Food Pantry
  • Bill Carlblom – Barnes County Commissioner  
  • Dave Carlsrud – Valley City Mayor

WHAT: Each organization will provide updates and information pertaining to recent developments in the COVID-19 community response. All officials will be available following the briefing for questions from media partners.

WHEN: Wednesday, May 27 at 5:30pm

WHERE: City of Valley City – City Hall, 254 2nd Ave NE, Valley City, ND 58072

The briefing is closed the public to honor social distancing. Members of the public can view live on City-County Health’s Facebook page, KOVC 1490 AM, BEK Channel 26 and CSI Cable 68.

City of Valley City Logo with COVID-19 Briefing below

05/13/2020 COVID-19 Briefing

City of Valley City Hosting COVID-19 Response Briefing on May 13

WHO: Officials from City-County Health District, City Government, the Development Corporation and Chamber of Commerce are expected to speak.

Speakers will include:

  • Theresa Will – Administrator for City-County Health District
  • Jennifer Feist – Director of Development for Valley City Barnes County Development Corporation
  • Kay Vinje – Executive Vice President for Valley City Area Chamber of Commerce
  • Dave Carlsrud – Valley City Mayor

WHAT: Each organization will provide updates and information pertaining to recent developments in the COVID-19 community response. All officials will be available following the briefing for questions from media partners.

WHEN: Wednesday, May 13 at 5:30pm

WHERE: City of Valley City – City Hall, 254 2nd Ave NE, Valley City, ND 58072

The briefing is closed the public to honor social distancing. Members of the public can view live on City-County Health’s Facebook page, KOVC 1490 AM, BEK Channel 26 and CSI Cable 68.

08/06/2019 City Commission Minutes

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 4th Street NW, 9th Avenue NW, 12th Street NW, Central Avenue, Chautauqua Boulevard, and 6th 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 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.