City Commission

City Commission Meeting Agenda Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Monday, August 7, 2023 Meeting Items 1) Call to Order 2) Pledge of Allegiance 3) Approval of Minutes – July 17, 2023 4) Approval of Minutes – August 2, 2023 Awards and Proclamations 1) N/A Public Hearings – 5:30 PM 1) Public Hearing – Change in Zoning City Plaza a. City Plaza 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) Old Business 1) N/A Consent Agenda 1) N/A New Business 1) Temporary Construction Easement – Stromquist Sewer Project 2) Reappointment of Members – Board of Adjustments 3) Pay Estimate #9 – City Project 220201 – Watermain Replacement 27-22 4) RFP for Design Engineering Project 240101 – 17th St SE 5) Embankment Flood Plain Agreement 6) FY 2024 Preliminary Budget and Salary Plan 7) Budget Amendment 23-03 – Shade Tree Payment to Contractors 8) EXECUTIVE SESSION: The Devils Lake City Commission will convene in Executive Session this meeting on August 07, 2023, to discuss the Settlement Agreement between Western State Bank, and Summers Manufacturing of which Forward Devils Lake/City of Devils Lake is a party to as permitted by; NDCC 44-04-19.1, 44- 04-18.4 9) Summers Manufacturing/Western State Bank Settlement Agreement Citizen Comment 1) N/A Page 1 of 2 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 2 of 2  Minutes of the Devils Lake City Commission July 17, 2023 The regular meeting of the Devils Lake City Commission was held on July 17, 2023 with the following members present: President Moe, Rob Hach, and Dale Robbins. Commissioner Robbins moved to approve the minutes of the regular Commission meeting held on July 3, 2023. The motion was seconded by Commissioner Hach, and the motion carried unanimously. Commissioner Hach moved to approve the minutes of the special Commission meeting held July 12, 2023. The motion was seconded by Commissioner Robbins, and the motion carried unanimously. Gilbertson’s Funeral Home – Columbarium Presentation – Stephanie Armstrong updated the Commission on the Gilbertson Funeral Home and communicated that cremations have gone up over the past few years. She mentioned that the Gilbertson Funeral Home is requesting a 99-year lease in the Cemetery with the option to renew. Gilbertson’s Funeral Home would be responsible for all costs associated with the columbarium. Gilbertson’s Funeral Home is working with Monsterlawn to get a bid on this project, keeping it as maintenance free as possible. The City Administrator communicated that at a future meeting a lease agreement can be brought up and this will be worked on in the interim. Gilbertson’s Funeral Home would like to be able to use this as soon as possible. Devils Lake Park District – Kale Stromme and Josh Janzen gave an update on the family entertainment center. Kale communicated that the name that was picked is Dockside Entertainment. He mentioned that all the funding has been fully secured. He presented a project schedule, which is tentative, but they are hoping to be open for business by February 1, 2024. The HVAC is a year out, but the one that is currently there will work for what is needed so the new one will be put in around May 2024. He also mentioned that there is a project sign outside of the building that has a QR code on it. Community members can go scan that to see where they are at in the project. Lake Region Law Enforcement Center – Starr Klemetsrud presented the LEC, E- 911, and Joint Powers Agreement budget to the Commission. She communicated that the E-911 budget was approved at their June board meeting. The cost share for the City of Devils Lake would be $265,661 and this would be a 4% cost of living and a possible step increase. They are also looking at getting new EMD cards, one computer, new central square maintenance, and a technology fund. The RRC for the City of Devils Lake would be $1,000. The LEC budget was not approved at their last board meeting. She proposed two different budgets for the LEC. The LEC budget would be around a 9% increase from the 2023 budget. She communicated that in the budget is a new generator, laundry room remodel, new phone system for the entire building, bathroom venting, the central square maintenance, two computers for corrections, a family practice table, new behavioral health budget, and two additional correctional staff. The City Administrator communicated that he put in a 5% increase for the LEC and E-911. He proposed having Starr come back for the next meeting to present the budget again after the refined meeting the LEC has. Commissioner Hach – The City Engineer communicated that there was not an update for the Sanitation Department. The City Assessor communicated that there was not an update for the Assessing Department. The City Engineer communicated that there is not an update for the Utility Department. Commissioner Robbins – The City Engineer communicated that work is starting on the Stromquist Storm Sewer project. There is not an update for the Street Department. The Fire Chief communicated that there is not an update for the Fire Department. The Police Chief communicated that there is not an update for the Police Department. The City Administrator communicated that the City needs to release quarter 3 funds to the Lake Region Heritage Center. The amount is $9,928.50. Commissioner Hach made a motion to release the funds. Commissioner Robbins seconded the motion. The motion carried unanimously on a roll call vote. The City also must release quarter 1 and 2 funds for Forward Devils Lake. The amount is $30,057.50. Commissioner Robbins made a motion to release the funds. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. He gave an update on how the 2023 budget is going YTD. He also went through revenue projections, the salary plan, general fund, and the special revenue funds for the 2024 budget. Pay Estimate #8 – City Project 220201 Water Main Replacement 27-22 – The City Engineer communicated that this pay estimate is to Kemper Construction in the amount of $137,230.11. Commissioner Robbins made a motion to approve pay estimate #8. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Construction Engineers Agreement – KLJ – 14th & 14th Gravel Restoration – The City Engineer communicated that they are coordinating with the NDDOT to use federal funds to offset the costs associated with the contract. The contract cost is $42,052.46 which will be cost shared 80% federal and 20% City. Commissioner Hach made a motion to approve the agreement. Commissioner Robbins seconded the motion. The motion carried unanimously on a roll call vote. Commissioner Robbins moved to approve the list of bills as submitted. The motion was seconded by Commissioner Hamre. The motion carried unanimously on a roll call vote. SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION  MINUTES OF THE SPECIAL MEETING OF THE BOARD OF CITY COMMISSIONERS HELD AUGUST 2, 2023 Pursuant to due call and notice thereof, a special meeting of the Board of City Commissioners for the City of Devils Lake, North Dakota was held at the City Offices on Wednesday, August 2, 2023 at 12:00pm with the following members present: President Moe, Commissioners Rob Hach, Dale Robbins, and Jason Pierce. Shane Hamre was absent. Others present were the City Administrator, Deputy Auditor, City Engineer, Corey Erickson, Joel Myhro and the Police Chief. Law Enforcement Center – Starr Klemetsrud gave an update on the revised budget. She mentioned that they cut out the new generator, a couple of correction employees, and everything else that she possibly could. After doing this, the City of Devils Lake increase is 7.88%. She also communicated that their health insurance is going up around 12% and she had originally budgeted for 8%. Lake Region Public Library – Maddie Cummings, the Library Director, gave an update on the revised budget. She communicated that the full-time employee positions will remain as a library director and an assistant director and the part time employees will be a children’s librarian, teen librarian, and two circulation employees. Lake Region UAS Team – Chris Jaeger gave an update on the UAS team and came to the commission to see if funding is possible. He communicated that they have logged around 150 hours of flight time so far. He included a packet that included the main places that they fly. He mentioned that they help with the SWAT team, Devils Lake Police Department, Ramsey County Sheriff’s Department, and Lake Region Narcotics Task Force. In the near future, they are looking to upgrade some of their equipment. They are needing new aircraft, equipment, trainings, batteries, licensing, and clothing/PPE. Some other expenses would be paying the volunteers, lodging/transportation/airfare, annual conference, and vehicle maintenance. A current Ramsey County Sheriff employee who is assigned to the Lake Region Narcotics Task Force mentioned that the UAS team has helped them stay eliminated from the conversations and keep them safe. He communicated how the UAS team eliminates them from the situation and certain things can turn into what someone would think is a regular traffic stop. They communicated how the drone works and how far away from a specific house they are able to be. They can use this team for a fleeing suspect, drugs, and car accidents. Safe Alternatives for Abused Families – Melandie Deplazes gave an update on Safe Alternatives for Abused Families. She communicated that in 2022 they answered 400 crisis hotline calls, provided advocacy services for 124 survivors of domestic violence and 58 survivors of sexual assaults with 54 of them having a forensic medical examination completed, and have provided shelter services for 35 families with 1,234 bed nights, 7 families were denied shelter due to capacity and no available hotel rooms. They have also facilitated 19 training events for 406 attendees. Currently they have answered 248 crisis hotline calls, provided advocacy services to 83 domestic violence and 15 sexual assault survivors with 6 of them having forensic medical examinations completed, and provided 11 families with shelter with 1,646 bed nights, 2 families were denied shelter due to capacity and no available hotel rooms. The have also facilitated 18 training events for 339 attendees. Melandie communicated that they are asking for $5,000 but are willing to accept anything. Rates and Fees Review – The City Administrator went over the changes for rates and fees for the 2024 budget proposal. There will be changes to water, sewer, and sanitation. o Water o Adjust water rate per 1,000 gallons from $3.40 to $3.50 ($1.70 to $1.75 for rural water partners) o Estimated additional revenue of $35,000 o Sewer o Adjust sewer base charge from $13.90 for 3,470 gallons, to $14.90 for 3,500 gallons o Adjust sewer rate per 1,000 additional gallons from $3.95 to $4.25 (sprinkling months as well) o Estimated additional revenue of $70,000 o Sanitation o Adjust can service from $8 per can to $9 per can ($37,000) o Residential and Commercial Dumpster charge from $11.00/cubic yard to $11.50 ($31,000) o Residential and Commercial Dumpster base charge from $12 to $12 per day the dumpster is picked up ($80,000) o 5% increase to dumpster/compactor rental per month ($2,500) o Construction roll-off tip fee from $80 to $85 and $11.00 to $11.50 per cubic yard ($10,000) o Adjust special garbage pickup base charge from $20 to $22 per month and $11.50 per cubic yard ($8,000) o Inert waste from $7 to $8 per cubic yard ($5,000) o Municipal Solid Waste Compacted from $27.50 to $30.00 per cubic yard ($1,500) Enterprise Fund (6000) – The City Administrator went through the water, sewer, sanitation, and water source replacement funds. General Fund Overview – The City Administrator communicated the projected mill levy, income, and expenses for 2024. Projected fund revenue under expenses of $184,075. The City will have a one-time expense of $196,800 for the SIRN radios, one-time bonuses, and assessing data restoration efforts. SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION  Board of Adjustment Date: July 31, 2023 To: President Moe and City Commissioners From: Board of Adjustment Re: Reappointment of members The Devils Lake Board of Adjustment took action at their July 27, 2023 meeting to recommend the reappointment of Doug Mohr and Dave Steffan as members of the Board, with their terms expiring June 30, 2026. They also took action to recommend reappointing Rick Jorgenson as an alternate member for the Board, with his term expiring June 30, 2024. REQUEST FOR PROPOSAL August 3, 2023 TO PERFORM PRELIMINARY & DESIGN ENGINEERING SERVICES FOR PROJECT: PROJECT SU-3-982(040), PCN 23179 CITY PROJECT #240101 17th St SE, 16th St SE, 10th Ave SE & 8th Ave SE Subgrade Repair, HMA & Curb and Gutter Devils Lake, ND PROPOSALS MUST BE DELIVERED TO THE OFFICE OF THE DEVILS LAKE CITY ENGINEER 423 6th St NE PO Box 1048 Devils Lake, ND 58301 By 4:00 PM, August 24, 2023 REQUEST FOR PROPOSALS TO PERFORM PRELIMINARY & DESIGN ENGINEERING SERVICES FOR CITY OF DEVILS LAKE  SU-3-982(040), PCN 23179 CITY PROJECT 240101 PROJECT OVERVIEW The City of Devils Lake is requesting the services of qualified engineering firms to perform preliminary and design engineering and affiliated services to complete the following project. Project SU-3-982(040), PCN 23179, subgrade repair, HMA & curb and gutter for 17th St SE, 16th St SE, 10th Ave SE & 8th Ave SE located in Devils Lake, ND. Portions of the project are on the City’s Urban Road System and the design will have to meet standards required for that program. 16th St SE is not on the City’s federal system and will be tracked separately as City Only funds. The City does not plan to utilize federal funds for the preliminary and design engineering on this project. An RFP for construction engineering services will be completed at a later date that would utilize federal funds. Background: This project consists of roadway pavement design and alignment through a partially developed residential area. Water, sewer and a gravel street improvement was completed along 10th Ave SE, 17th St SE and 16th St SE. nearly 20 years ago. Preliminary road profiles were established and a six inch gravel surface was placed on the majority of the roadways. Over time, asphalt millings and maintenance gravel have been added. The easterly approximately 1,100 feet of 16th ST SE and its tie-in with 17th St SE were constructed with R1 fabric and 12 inches of Class 5 gravel. Field investigations will be needed to verify fabric elevation and extents in order to utilize existing section in final development of pavement profile. Additional field investigation, survey and plan review will be needed to develop profiles and typical sections for remaining roadways in the area. Plans for all work completed in this area are available for review. It is envisioned that roadways adjacent to the residential development (10th Ave SE, 16th St SE, 17th St SE) will be developed with a curb and gutter section. 8th Ave SE and the portion of 17th ST east of the 16th ST tie-in will be developed as a rural section. The portion of 17th St SE between 10th Ave and the 16th ST SE tie-in may be developed as a rural section also, dependent upon drainage and final road profile requirements. Work to be performed by Consultant includes: Preliminary Engineering: This phase shall consist of all activities necessary to complete the environmental document (including FHWA concurrence and approval), conduct public involvement, perform preliminary design, hydraulic analysis, and coordinate utility location and conflict plans (these are not anticipated). The preliminary engineering phase will be considered complete upon receiving environmental approval from FHWA and NDDOT approval of all other deliverables. Design Engineering: This Phase shall consist of design activities following preliminary design and preparation of final construction plans, specifications, and estimates. Final Design will be considered complete upon delivery and approval of final construction plans, specifications, estimates, certifications, and all other requirements needed to bid the project through the NDDOT Urban Road Program. Firms are invited to submit a proposal for the project listed above. The Proposals shall provide the following information: • Past Performance • Ability of professional personnel • Willingness to meet time and budget requirements • Location • Recent, current, and projected workloads of the persons and/or firms • Related experience on similar projects • Recent and current work for the City • Project understanding, issues, & approach The proposal pages shall be numbered and must be limited to 10 pages in length. Proposals that exceed the 10 page length requirement will not be considered. The cover letter will not be counted as one of the 10 pages. The proposal should list the personnel who will be assigned to work on the project, including titles, education, and work experience. City Engineer will only consider proposals received prior to 4:00 PM, August 24, 2023. Late proposals will be deemed unresponsive. The Consultant’s proposal may include an appendix. Resumes, references, a statement of qualifications and other materials outlining experience may be included in an appendix. The appendix will not be considered as a part of the 10 page proposal. Each proposal will be evaluated by a Selection Committee. The City plans to interview up to three (3) of the most qualified engineering firms based on whose proposals most clearly meet the RFP requirements. Interviews will take place on a date to be determined by the City. Firms not selected to be interviewed will be notified in writing. Fees shall be negotiated with the successful firm. If the fee cannot be agreed upon, the City reserves the right to terminate negotiations, and then negotiate with the second and third ranked firms in order, if necessary, until a satisfactory contract has been negotiated. All costs associated with the proposal shall be borne by the proposer. The City reserves the right to reject any and/or all proposals and to not award contracts for any and/or all projects. Engineering firms interested in performing the work shall submit six (6) hard bound copies and an electronic pdf file of their proposal to: Mike Grafsgaard City Engineer City of Devils Lake 423 6th St NE Devils Lake, ND 58301 Title VI assures that no person or group of persons may, on the grounds of race, color, national origin, sex, age, or handicap or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all programs or activities administered by the Department. For information regarding the Title VI Program see the NDDOT website at: http://www.dot.nd.gov/divisions/civilrights/titlevi.htm  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 7-Aug-23 VENDOR AMOUNT DUE AIRPORT Decorated Wearables $100.00 Diamond Vogel $8,026.50 Gleason Construction $1,037,268.00 Home of Economy $89.75 Mead & Hunt $53,675.53 Midcontinent $117.58 Potters Industries $3,160.00 Sparklight Advertising $80.00 CITY Advanced Auto Parts $21.46 Alex Schwab $233.91 Angry Beaver Tree Services $550.00 AT & T $1,737.25 Axon Enterprises $182.50 Baker & Taylor $151.03 Bank of North Dakota $158,375.00 Boy Scout Troop 31 $500.00 Capital One-Walmart $309.17 Capital One Trade Credit-Mac's $1,115.71 City of Devils Lake $4,447.22 CNH Industrial Accounts-High Plains Equipment $641.61 Computer Projects of IL $1,300.00  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 7-Aug-23 VENDOR AMOUNT DUE Corporate Technologies $4,384.36 Creative Impressions $29.99 Dakota Implement $3,471.66 Decorated Wearables $42.48 Deluxe Business Systems $225.99 Devils Lake Cars $123.47 DL Chrysler Center $168.47 DL Chamber of Commerce/Tourism $29,742.03 DL Park Board $44,890.18 Ecolab $215.22 Exhaust Pros $109.00 Fastenal Company $384.00 Ferguson Waterworks $379.76 Galls $206.56 Gerrells $189.99 Gessner Iron Works $1,381.39 Global Safety Network $83.80 GF Fraternal Order of Police $72.00 Great Plains Fire $1,720.00 HE Everson $19.81 HACH $514.00 Harold's Auto Marine & Electric Motor $157.80 Hawkins $8,416.35 Ihry Insurance $41,435.00 Interstate Billing Service $621.67 Jacob Allery $267.26 James Jacobsen $1,000.00 James Moe $219.43 John Deere Financial $265.44 Karl's TV & Appliance $1,249.99 Kemper Construction $43,446.24  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 7-Aug-23 VENDOR AMOUNT DUE Kendall Johnson $176.80 Kerri Birdhouse $81.31 Kiwanis Club $90.00 Lake Region Corporation $8,729.00 Lake Region Law Enforcement Center $18,205.68 Lamotte's Paint & Glass $2,418.00 LEAF $548.87 Leevers $20.78 Locality Media $1,480.00 Mark's Greenhouse $625.00 Marketplace Motors $171.90 Mid-Land Excavating $6,537.50 Motorola Solutions $6,368.40 MTI Distributing $1,276.60 Nelson International $4,390.00 Newby's Ace Hardware $171.81 Nodak Electric $13,236.49 North Plains Utility Contracting $1,880.00 Northland Property $1,000.00 Northstar Auto $36.00 ND Building Officials Association $215.00 ND Dept of Enviromental Quality $750.00 ND One Call $159.35 ND Fraternal Order of Police $486.00 ND Solid Waste & Recycling Assoc $135.00 NDTC $2,363.79 O'Reilly's Automotive $9.99 Julie Olson $1,000.00 Ottertail Power Co $17,482.67 Petty Cash $180.50 Pomp's Tire Service $353.86  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 7-Aug-23 VENDOR AMOUNT DUE Prairie Truck & Tractor $654.64 Proz Inc $93.75 PS Doors $16,803.06 Quill $81.56 Ramsey County Weed Board $228.00 Razor Tracking $75.00 Reslock Printing $22.95 Patrick & Tammy Riggin $1,000.00 Sanitation Products $310.73 Service Tire $1,251.06 Skills USA $500.00 SOS Lawn Care $150.00 Spencer Halvorson $39.16 State of ND Chemistry Lab $627.59 Swanston Equipment Corporation $233.99 Tanya Weiler $1,000.00 Tecta America $1,605.19 Track inc $1,097.64 Tractor Supply Credit Plan $769.35 Trevor Elfman $101.50 Usable Life $582.28 Vanguard Appraisals $10,075.00 Verizon Wireless $100.00 Whitney Littlewind $48.80 Xtreme Signs & Graphix $830.38 TOTAL LIST OF BILLS $1,586,377.49