City Commission

City Commission Meeting Agenda Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Monday, July 3, 2023 Meeting Items 1) Call to Order 2) Pledge of Allegiance 3) Approval of Minutes – June 19, 2023 Awards and Proclamations 1) N/A Public Hearings – 5:30 PM 1) N/A Bid Openings – 5:30 PM 1) N/A Visitors or Delegations *Limited to five minutes per guest, unless extended by presiding officer 1) N/A Commission Portfolios 1) FY 2024 Budget Briefing Old Business 1) N/A Consent Agenda 1) N/A New Business 1) 2nd Reading – Ordinance Relating to Nuisances 2) Forgivable Grant with Unpopped Colonels, LLC 3) Pay Estimate #7 – City Project 220201 – Water Main Replacement 27-22 Citizen Comment 1) N/A Informational Items 1) N/A Motion to approve payment of the list of bills as submitted. The City of Devils Lake may convene in an executive session as provided by NDCC 44-04-19.2 to consider and discuss closed or confidential records and information, negotiating strategy or negotiating instructions as provided by NDCC 44-04-19.1, 44-04-19.2, 44-04-18.4. Page 1 of 1  Minutes of the Devils Lake City Commission June 19, 2023 The regular meeting of the Devils Lake City Commission was held on June 19, 2023 with the following members present: President Moe, Rob Hach, Jason Pierce, Shane Hamre, and Dale Robbins. Commissioner Hamre moved to approve the minutes of the regular Commission meeting held June 19, 2023. The motion was seconded by Commissioner Pierce, and the motion carried unanimously. President Moe recognized Paul Arenda for his 25 years of service with the City of Devils Lake. Public Hearing – Conditional Use Permit for Church of God Seventh Day – The Planning Commission is recommending approval of a request for a conditional use permit to allow construction for a new church at 607 5th St SE. Commissioner Pierce made a motion to approve the recommendation. Commissioner Hach seconded the motion, and the motion carried unanimously. Public Hearing – Conditional Use Permit for Seasonal Storage Outbuildings – The Planning Commission is recommending approval for a conditional use permit to allow seasonal cold storage in the outbuilding located at 1315 Hwy 2 E. Commissioner Robbins made a motion to approve the recommendation. Commissioner Pierce seconded the motion, and the motion carried on a roll call vote. Lake Region Public Library Annual Report – The Library Director gave an update on the Lake Region Public Library for 2022. She communicated that an average week in 2022 they would see 481 people, 375 items were checked out, 63 people used a computer, 156 digital items were checked out, 37 people attended a library event, and 153 questions were answered. She also mentioned all the collections and circulations that they saw in 2022 along with all of the services they provided. Commissioner Pierce – The Fire Chief communicated that they had a couple of firefighters attend a convention in early June and that Devils Lake will be holding this convention next year. He also communicated that there is a Fire Chief conference in Fargo that himself and the Assistant Chief will be attending. He communicated that the 4th of July parade will be held on the 4th at 10am. Commissioner Robbins – The City Engineer communicated that he does not have an update for the Street Department. He also communicated that the watermain should be on 12th St W if everything goes as planned. They will start working on 13th St W. Commissioner Hach – The City Engineer communicated that there is not an update for the Sanitation Department. The City Assessor communicated that we have received the new homestead credit application, so people that qualify can come in and fill that out. He also thanked the people that were on the Domestic Foul Committee. Commissioner Hamre – The City Engineer communicated that Commissioner Hamre brought the Utility Crew out for breakfast one day as a thank you for all their hard work. Commissioner Hamre communicated that they have been working on water breaks, storm sewers, and the watermain replacement. The Police Chief communicated that he does not have an update. The City Administrator communicated that July is budget month and we will be working on getting that ready for the meetings in July. The City Attorney communicated that the nuisance ordinance is on the agenda and that hopefully next week he will have the refusal ordinance. He also mentioned that he is waiting to hear back from the LEC attorney. Planning Commission Reappointment of Rodger Haugen – The Planning Commission is recommending reappointment of Rodger Haugen. Commissioner Hamre made a motion to approve the recommendation. Commissioner Hach seconded the motion, and the motion carried unanimously. 1st reading of Ordinance 989 – Nuisances Shade Tree Award of Bid – The City Administrator communicated that the only bid was from Angry Beaver Tree Service. This bid is not to exceed $20,000. Commissioner Robbins made a motion to approve the bid award. Commissioner Hach seconded the motion, and the motion carried unanimously. Declaration of Uncollectable Special Assessments US Postal Service – The City Administrator communicated that records show USPS is delinquent on their taxes. The City Attorney communicated that there is no evidence that the City has the legal avenues to compel the USPS to remit payment for the special assessments. The recommendation is to waive the remaining balance in the amount of $14,375.22, $4,467.21, and $1,820.87. Commissioner Pierce made a motion to approve the recommendation. Commissioner Hamre seconded the motion. The motion carried unanimously on a roll call vote. 2022-2023 Permit/License Applicants Effective July 1, 2023, through June 30, 2024 – The City Administrator communicated that the attached list is the same as last year and licenses will be handed out July 1, 2023. Commissioner Hach made a motion to approve the list. Commissioner Robbins seconded the motion, and the motion carried unanimously. Acceptance of Compensation and Release of Claims – Corporate Technologies – The City Administrator communicated that he has been in conversation with Corporate Technologies in the effort to reach mutually acceptable terms pertaining to the deletion of the City’s server which resulted in the loss of valuable property information in Vanguard//CAMA Vision software. The City estimates it would cost $25,000 to procure tools necessary to efficiently restore this information as well as $25,000 for the human labor and time needed to update the relevant property records. Corporate technologies has offered to compensate the City $45,000 (see attached settlement) should the City agree to release all claims against Corporate Technologies related to the specific event. The City Administrator is recommending approval of the settlement. Discussion continued on the topic. Commissioner Hach made a motion to approve the recommendation. Commissioner Robbins seconded the motion. The motion carried 3-2 on a roll call vote. Permit to Sell Alcoholic Beverages at Special Event – Ed’s Bait Shop – The City Administrator communicated that Ed’s Bait Shop is looking to get a special event permit to serve alcoholic beverages at a wedding that will be held at the memorial building. Commissioner Pierce made a motion to approve the permit. Commissioner Robbins seconded the motion, and the motion carried unanimously. Consideration of Grant to Unpopped Colonels, LLC – The City Administrator communicated that Forward Devils Lake made a recommendation to give Unpopped Colonels $200,000 for the restoration of the local movie theater continent upon final agreement to be approved at a future City Commission meeting. This would be $200,000 upfront/forgivable/no payment/no interest loan over 10 years out of the growth fund. There will be no forgiveness during the first two years, $25,000 will be forgiven in years 3-10, and should they go out of business or be sold prior to the end of year 10, the balance owed at that time would be due and terms would be negotiated at that time. Commissioner Pierce made a motion to approve the consideration, Commissioner Hamre seconded the motion. The motion carried unanimously on a roll call vote. Pay Estimate #6 – City Project 220201 Watermain Replacement 27-22 – The City Engineer communicated that this pay estimate is for $90,428.13 and this would be paid to Kemper Construction. Commissioner Hamre made a motion to approve the pay estimate. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Recommendation to Approve Development Agreement – The City Engineer communicated that a new building is being proposed to be built along US Highway 2 between Ironhide Equipment and North Star Credit Union. With the new construction, the Fire Chief would like an addition hydrant in this area. He communicated that we estimate the City share of this work to be $20,000. Commissioner Pierce made a motion to approve the recommendation. Commissioner Hach seconded the motion, and the motion carried unanimously. Jordin Lange, Tom Lamotte, and Mary Lamotte communicated their concerns about downtown. President Moe and the Police Chief communicated that they are doing everything they can to keep the people downtown safe. The Police Chief communicated that there are officers walking the sidewalks during the day. Commissioner Hamre moved to approve the list of bills as submitted. The motion was seconded by Commissioner Pierce. The motion carried unanimously on a roll call vote. SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION 8.08.010 Definitions. The following words or terms when used in this chapter shall be deemed to have the meaning set forth in this section: "Abandoned vehicle" includes, without limitation, any vehicle which has remained on private property for a period of forty-eight continuous hours or more without the consent of the owner or occupant of the property, or for a period of forty-eight continuous hours or more after the consent of the owner or occupant has been revoked. “Antique Motor Vehicle” means a motor vehicle that is at least 40 years old and licensed pursuant to N.D.C.C. § 39-04-10.4. "Blighted structure" includes, without limitation, any dwelling, garage or outbuilding, or any factory, shop, warehouse or any other store, structure which, because of fire, wind or other natural disaster or physical deterioration, is no longer habitable as a dwelling nor useful for the purpose for which it may have been intended. "Building materials" includes, without limitation, lumber, bricks, concrete or cinder blocks, plumbing materials, electric wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws or any other materials used in constructing any structure. “Collector” means the owner of one or more special interest vehicles that collects, purchases, acquires, trades, or disposes of special interest vehicles or parts of special interest vehicles for the person’s own use in order to restore, preserve, and maintain a special interest vehicle or antique vehicle. "Junk" includes, without limitation, parts of machinery or motor vehicle, unused furniture, stoves, refrigerators or other appliances, remnants of wood, metal or any other castoff material of any kind whether or not the same could be put to any reasonable use. "Junk automobiles" includes, without limitation, any motor vehicle which is not licensed or used upon the highways of the state for a period in excess of sixty days, and also includes, whether licensed or not, any motor vehicle which is inoperative for any reason for a period in excess of sixty days; provided that there is excepted from this definition unlicensed but operative vehicles which are kept as the stock in trade of a regularly licensed and established new or used automobile dealer. “Parts car” means a motor vehicle generally in non-operable condition which is owned by a collector to furnish parts to restore, preserve, and maintain a special interest vehicle or antique vehicle.  "Person" includes all natural persons, firms, copartnerships, corporations and all associations of natural persons, incorporated or unincorporated, whether acting by themselves, or by a servant, agent or employee. All persons who violate any of the provisions of this chapter, whether as owner, occupant, lessee, agent, servant or employee, shall, except as otherwise provided in this chapter, be equally liable as principals. “Small engine machine” means any vehicle, equipment, or tool powered by a low-power internal combustion or electric engine including but not limited to power tools, chainsaws, string trimmers, leaf blowers, snow blowers, lawn mowers, woodchippers, tillers, chainsaws, go-karts, snowmobiles, off-highway vehicles, scooters. “Special interest vehicle” means a motor vehicle that is at least twenty years old and has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by hobbyists. "Trash or rubbish" includes any and all forms of debris not otherwise classified in this chapter. “Vital component parts” are those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train, and wheels. 8.08.020 Findings. It is determined that the storage or accumulation of trash, rubbish, junk, junk automobiles, abandoned vehicles, building materials and the maintenance of blighted structures upon any private property within the City tends to result in blighted and deteriorated neighborhoods, the increase in criminal activity, the spread of vermin and disease, and is contrary to the public peace, health, safety and general welfare of the community. 8.08.030 Storage unlawful. It is unlawful for any person to store, or permit the storage or accumulation of trash, rubbish, junk, junk automobiles or abandoned vehicles on any private property in the City except within a completely enclosed building or upon the business premises of a duly licensed junk dealer, junk buyer, dealer in used auto parts, dealer in secondhand goods or junk gatherer. 8.08.040 Dismantling automobiles unlawful. It is unlawful for any person to dismantle, cut up, remove parts from, or otherwise disassemble any automobile, whether or not it is a junk automobile, abandoned vehicle or otherwise, or any appliance or machinery except in a completely enclosed building, or upon the business premises of a duly licensed junk dealer, junk buyer, dealer in used auto parts, dealer in secondhand goods or junk gatherer. 2 8.08.050 Maintenance of blighted structure unlawful. It is unlawful for any person to keep or maintain any blighted or vacant structure, dwelling, garage, outbuilding, factory, shop, store or warehouse unless it is kept securely locked, the windows kept glazed or neatly boarded up, and otherwise protected to prevent entrance thereto by unauthorized persons or unless the structure is in the course of construction in accordance with a valid building permit issued by the City and unless the construction is completed within a reasonable time as directed by the city building inspector. 8.08.060 Building material storage. It is unlawful for any person to store or permit the accumulation of building materials on any private property, except in a completely enclosed building or except where the building materials are part of the stock in trade of a business located on the property, or except when the materials are being used in the construction of a structure on the property in accordance with a valid building permit issued by the City; and provided further, that any debris resulting from a demolition, renovation, or other construction project must be removed from such premises within thirty calendar days unless the extended storage thereof is within an enclosed structure or being done with the written approval of the building official. 8.08.070 Removal by police department or another city entity, agent, or designee The police department, another City entity, agent, or designee may remove or cause to be removed any trash, rubbish, junk, building materials, junk automobiles, abandoned vehicles or parts of junk or abandoned vehicles, from any private property after having notified in writing the owner or occupant of such property of its intention to do so at least forty-eight hours prior to the removal. The notice will be served personally upon the owner or occupant of the property if occupied or may be posted in a conspicuous place upon vacant or unoccupied property. The removal may not be fewer than two nor more than thirty days from the date on which the service or posting of the notice occurred. Any trash, rubbish, junk, building materials, junk automobiles, abandoned vehicles or parts of junk or abandoned vehicles will be removed and disposed of in accordance with the law. The removal by the Police Department, another City entity, agent, or designee does not excuse or relieve any person of the obligations imposed by this ordinance, nor from the penalties for violation thereof. 8.08.080 – Penalty Any person, firm, or corporation violating any of the terms or provisions of this article will, upon conviction, be punished by a fine to not exceed more than $500.00 in the discretion of the court; the court shall have the power to suspend any such sentence and to revoke the suspension thereof. Each day any person, firm, association, or corporation violates any of the provisions of this article constitutes a separate offense. 8.08.080 – Assessment of cost Whenever an owner or occupant of property has failed to comply with the notice and requirement to remove or cause to be remove any items referred to in this title, and the City by its police department or other departments has removed those items, the owner or occupant of the property will be billed for the cost of removal by the City. If the payment is not made when due, it may be assessed against the premises on which the work was done, collected, and returned in the same manner as other municipal taxes are assessed, certified, collected, and returned, in accordance with N.D.C.C. § 45-05-01.1. The City reserves the right to seek a civil judgment against the owner or occupant for such costs.  ATTACHMENT A – PROMISSORY NOTE $200,000 July 3, 2023 For value received, the undersigneds promise to pay the City of Devils Lake the principal sum of $200,000, less any amount forgiven pursuant to the Loan Agreement. The said amount is due and payable on or before July 31, 2033. In the event the principal is not paid in full by July 31, 2033, this note will be a demand note and the principal can be demanded due and payable at any time by the holder of this note. This note is unsecured. This note is governed by and construed in accordance with North Dakota law. UNPOPPED COLONELS, LLC, a North Dakota Limited Liability Company By: Dean F. Bittner, Owner – Unpopped Colonels By: [insert name], Owner – Unpopped Colonels By: [insert name], Owner – Unpopped Colonels By: [insert name], Owner – Unpopped Colonels  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 19-Jun-23 VENDOR AMOUNT DUE AIRPORT Bergstrom Electric $110,909.70 Creative Impressions $107.96 Mead & Hunt $3,952.12 Midco $99.59 Sparklight Advertising $880.00 CITY ABM Equipment $3,132.74 Aramark $462.87 ARFF Specialists $1,500.00 AT & T $500.65 Boy Scouts Troop # 31 $250.00 Brenco $95.96 Butler $2,189.10 Capital One-Walmart $215.26 Capital One Trade Credit-Mac's $1,300.59 Central Business Systems $589.20 Central Square Technologies $379.04 City of Devils Lake $1,594.44 City of Wahpeton Assessing Office $210.00 Close Construction $6,210.00  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 19-Jun-23 VENDOR AMOUNT DUE Connect Interiors $791.11 Corporate Technologies $4,119.36 Cross Country Freight $140.78 Dakota Implement $2,589.66 Dakota Supply Group $1,008.04 Darin Rixen $40.00 Decorated Wearables $293.28 DL Chamber of Commerce/Tourism $35,748.22 Devils Lake Park Board $52,930.12 Diamond Vogel $975.00 ESO Solutions $1,849.20 Ferguson-Pollardwater $780.68 Ferguson Waterworks $14,516.29 Golden Shovel Agency $11,575.00 HE Everson $113.15 Hawkins $13,805.29 Home2 Suites $264.60 Homewood Suites $529.20 Interstate Billing $1,319.70 JB Vending $26,381.00 Joe Knowski $69.63 John Deere Financial $9.24 Keller's Briteway $48.00 Kemper Construction $130,892.19 Kendall Johnson $66.50 Lake Region Sheet Metal $67.43 Leevers $52.33 Leon's Building Center $519.90 Lexipol $8,683.90 M & T Fire and Safety $628.00 Mark's Greenhouse $250.00  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 19-Jun-23 VENDOR AMOUNT DUE McMaster-Carr Supply Co. $1,270.54 Mid-Land Excavating $1,812.50 Monsterlawn $129.60 Motion Industries $149.44 Newby's Ace Hardware $483.09 Nodak Electric $10,861.98 ND Dept of Enviromental Quality $264.83 ND Dept of Health-Microbiology $425.00 ND League of Cities $4,600.00 ND Surplus Property $55.00 NDTC $1,137.57 ND Dept of Transportation $659.54 Nutrien Ag Solutions $78.95 Ottertail Power $18,613.97 PH & S Products $1,246.00 Ramkota Hotel $88.20 Ray's Painting $495.00 Razor Tracking $75.00 Rey Hennen $91.00 River of Life Church $250.00 Ruthless Pest Control $115.00 Sanitaion Products $85.98 Service Tire $819.84 Stone's Mobile $341.28 Tanya Weiler $1,000.00 TimeClock $1,200.00 Track $69.93 Usable Life $582.28 Western Asphault Products 2929.62 Xtreme Signs & Graphix $384.00  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 19-Jun-23 VENDOR AMOUNT DUE TOTAL LIST OF BILLS $495,951.16