City Commission

City Commission Meeting Agenda Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Monday, November 6, 2023 Meeting Items 1) Call to Order 2) Pledge of Allegiance 3) Approval of Minutes – October 16, 2023 Awards and Proclamations 1) N/A Public Hearings – 5:30 PM 1) Public Hearing Approve Subdivision – The Tips a. The Tips Bid Openings – 5:30 PM 1) N/A Visitors or Delegations *Limited to five minutes per guest, unless extended by presiding officer 1) DLPS Superintendent – Ned Clooten Commission Portfolios 1) Notice of Resignation – Chief of Police May 1, 2024 Old Business 1) Agreement to Install & Maintain Columbarium in the Devils Lake Cemetery – Gilbertson Funeral Home Consent Agenda 1) N/A New Business 1) ICS Deposit Placement Agreement – Bremer Bank 2) Authorize Call for Bids – Sidewalk Snow Removal 3) Create Street Improvement District 79-24 4) Approval of Purchase of Davis Flats Property 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 October 16, 2023 The regular meeting of the Devils Lake City Commission was held on September 16, 2023 with the following members present: President Moe, Rob Hach, Shane Hamre, and Dale Robbins. Commissioner Hamre moved to approve the minutes of the regular Commission meeting held on September 18, 2023. The motion was seconded by Commissioner Hach, and the motion carried unanimously. Bid Opening – Snowplow – The City Administrator opened one (1) bid from Butler Machinery in the amount of $40,525.00. Commissioner Robbins made a motion to pass the bid to the Engineering department for review. Commissioner Hamre seconded the motion, and the motion carried unanimously. Commissioner Hach – The City Engineer communicated that the Sanitation Department has completed special pickups and the Sanitation Supervisor is working on numbers to compare to last year. The City Assessor communicated that he did not have an update. Commissioner Hamre - The City Engineer communicated thanked the Utility Department for helping work on the 2nd St watermain replacement. He also communicated that docks will be pulled out this week/early next week. Commissioner Robbins – The City Engineer communicated that the Street Department is starting to prepare for winter. For the Engineering Department, he communicated that the snowplow bid meets all the specifications that it needed to. He recommended the award to Butler Machinery. Commissioner Robbins made a motion to approve the recommendation. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. 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 at the next City Commission meeting there should be a game plan with Gilbertson Funeral Home on the columbarium in the Devils Lake Cemetery. He also communicated that we are working with Bremer Bank on gaining the most interest on our accounts and we should have something on that for the next meeting as well. The City Attorney communicated that there will be a joint meeting between the City, County, and the LEC regarding the property and the JPA. He also mentioned that they have sent out a second notice on junk nuisances. President Moe communicated that they have a roundtable with Senator Hoeven and one of the CEO’s from CHI St Alexius regarding the hospital. He mentioned that they took a tour of the hospital and they all saw concerns, and all agreed that it is in need of improvement. He communicated that there will be another roundtable with Senator Hoeven and he will let the Commissioners know when that is going to happen. MidState Volunteer Program – Brenda Bergsrud gave an update on what Midstate Volunteering does and how it helps out the community. She mentioned that many universities are now requiring a professional letter for volunteer hours, in which MidState provides them as long as they are qualified for it. She also mentioned that they help the elderly people in the community get up and out of their house once they are retired so that they keep themselves busy. Commissioner Hach made a motion to approve the funding, which is $500.00/month. Commissioner Hamre seconded the motion. The motion carried unanimously on a roll call vote. Pay Estimate #2 – City Project 230201 – Water Main Replacement 28-23 & 29-23 – The City Engineer communicated that this pay estimate is for $266,409.60 and will be paid to Kemper Construction. Commissioner Hamre made a motion to approve pay estimate #2. Commissioner Robbins seconded the motion. The motion carried unanimously on a roll call vote. Resolution Vacating Property Set Aside for Public Use – The City Assessor communicated that the said property is an unnamed street lying southerly and adjacent to Lots 1-11, of which Lots 3-9 have been previously vacated, Block E, First Addition to Riggin Acres, Ramsey County, North Dakota. Ownership of said vacated property shall be evenly distributed to adjacent property owners. Commissioner Hach made a motion to approve the resolution. Commissioner Hach seconded the motion, and the motion carried unanimously. Urban Area Boundary – The City Engineer communicated that there were several updates requested by the NDDOT that must occur to accommodate the identified changes in population, highway classification, and urban planning. The accommodate this request, the City has made several changes to the Urban Area Boundary. The Urban Area defines potential development and future roadways adjacent to the City. Once this boundary is updated and approved, the City will be updating the functional classification designations for the City’s roadways. Commissioner Robbins made a motion to approve the urban area boundary. Commissioner Hach seconded the motion, and the motion carried unanimously. Certification of Special Assessments – The City Administrator gave an update on the Special Assessments that need to be certified. o 2022-2023 Curb, Gutter and Sidewalk – Commissioner Hamre made a motion to certify 2022-2023 Curb, Gutter and Sidewalk. Commissioner Hach seconded the motion, and the motion carried unanimously. o 2023 Parking Assessment – Commissioner Robbins made a motion to certify 2023 Parking Assessment. Commissioner Hach seconded the motion, and the motion carried unanimously. o 2023 Miscellaneous – Commissioner Hach made a motion to certify 2023 Miscellaneous. Commissioner Hamre seconded the motion, and the motion carried unanimously. o Street Imp #77-21 – Commissioner Robbins made a motion to certify Street Imp #77-21. Commissioner Hach seconded the motion, and the motion carried unanimously. o Street Imp #78-22 – Commissioner Hamre made a motion to certify Street Imp #78-22. Commissioner Robbins seconded the motion, and the motion carried unanimously. Budget Amendment 23-07 City Server Replacement – The City Administrator communicated that the servers for the City were installed in 2016 and they will have reached their end of life at the end of this October. He communicated that the new servers will have an estimated useful life of 5-7 years. He mentioned that City budgets $15,000 every year for computer upgrades but does normally does not spend nearly the full amount. $15,000 was budgeted for 2023 and therefore staff is requesting and recommending approval of budget amendment 23-07. Commissioner Robbins made a motion to approve budget amendment 23-07. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. 2nd Reading Ordinance 991 – Cooperative Purchasing Agreement for Procurement of Equipment and Resources – Commissioner Robbins made a motion to approve Ordinance 991. Commissioner Hach seconded the motion, and the motion carried unanimously. 2nd Reading Ordinance 992 – Snow Removal and Street Maintenance – Commissioner Hamre made a motion to approve Ordinance 992. Commissioner Hach Seconded the motion, and the motion carried unanimously. Bridgette Cavallo mentioned she came to a Commission meeting about a year ago asking about some statues and President Moe communicated that they are being prepped to go to the VFW. She also expressed concerns with snow removal and how mounds at the end of their driveways are difficult to move. The City Assessor communicated that he would talk to her about this. Quarter 3 Sales Tax and Utility Billing YTD Information September 2023 Finance Report Commissioner Hamre moved to approve the list of bills as submitted. The motion was seconded by Commissioner Hach. The motion carried unanimously on a roll call vote. SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION  Notice of Public Hearing The Devils Lake Planning Commission will hold a public hearing on October 26, 2023, 7:00 am, City Office, 423 6th St NE, Devils Lake, ND, to review the final subdivision plat for The Tips located adjacent to Wilcox Sub on Cty Rd 1. If special accommodations are needed, please contact city office. Documents relating to the request are on file in the office of the City Engineer and may be viewed during regular working hours. for legals: 10-19-23 Notice of Public Hearing The Devils Lake City Commission will hold a public hearing on November 6, 2023, 5:30 pm, City Office, 423 6th St NE, Devils Lake, ND, to review the final subdivision plat for The Tips located adjacent to Wilcox Sub on Cty Rd 1. If special accommodations are needed, please contact city office. Documents relating to the request are on file in the office of the City Engineer and may be viewed during regular working hours. for legals: 10-19-23, 10-26-23  AGREEMENT TO INSTALL AND MAINTAIN A COLUMBARIUM IN THE DEVILS LAKE CEMETERY THIS AGREEMENT is made and entered into this 6TH day of November, 2023, by and between the City of Devils Lake, a municipal corporation, which has an address of 423 6th St. NE, P.O. Box 1048, Devils Lake, ND 58301-1048, party of the first part, referred to herein as "City," and Gilbertson-Gloger Funeral Home, Inc., who has an address of 509 Hwy 2 W, PO Box 632, Devils Lake, ND 58301, party of the second part, referred to herein as "Funeral Home." WITNESSETH: WHEREAS, City does own and operate a public Cemetery within the City of Devils Lake, ND. Said Cemetery property is described as Outlot 44-0037 on file as document #211577 in the Office of the Ramsey County Recorder; and WHEREAS, Funeral Home wishes to design, construct, fund, operate and maintain a Columbarium within the City Cemetery. Proposed columbarium will be comprised of three (3) separate columbarium units, containing a total of 168 niches; and WHEREAS, Funeral Home requests the City lease the Funeral Home an approximate 50 foot by 55 foot section of property within the City Cemetery to allow Funeral Home to construct, operate and maintain the proposed columbarium; and WHEREAS, lease location is more particularly described as: A parcel of land situated in the North Half of the Southeast Quarter (S1/2SE1/4), Section 35, Township 154 North, Range 64 West in Ramsey County, North Dakota described as follows: Commencing at the Southwest corner of Outlot 44-0037 described in Document #271577 on file in the office of the Ramsey County Recorder; thence N83°40’33”E along the Southerly line of said Outlot a distance of 370.58 feet; thence N01°11’00”W, 24.00 feet to the Point of Beginning; thence N01°11’00”W a distance of 55.00 feet, thence N83°40’33”E a distance of 50.00 feet, thence S01°11’00”E a distance of 55.00 feet, thence 1 S83°40’33”W a distance of 50.00 feet to the point of beginning. Said parcel of land contains 2,750 square feet, more or less. See attached general location map. WHEREAS, the parties wish to memorialize the agreement they have made to allow the Funeral Home to construct and operate a columbarium on property leased to the Funeral Home by the City; and NOW, THEREFORE, based upon the mutual covenants and agreements which the parties acknowledge as sufficient, it is hereby agreed by and between the parties as follows: 1. The City will provide a forty (40) year lease to the Funeral Home to construct, operate and maintain the columbarium. Said lease may be renewed or terminated by mutual consent of both parties. City may cancel lease if Funeral Home does not fulfil all terms and conditions of this agreement. If lease is cancelled by the City, Funeral Home may either relocate columbarium units and restore lease area to City satisfaction, or turn ownership of columbarium units and adjoining improvements over to the City. 2. Columbarium shall be considered property of the Funeral Home and may be assigned to new owners upon sale of the Funeral Home. If purchase of the Funeral Home does not include conveyance of the Columbarium, City shall become owner of the Columbarium and improvements. 3. City shall assume ownership of the columbarium and improvements at the end of the forty (40) year term. Unsold niches at the end of the forty (40) year term shall become property of the City. 4. Funeral Home shall provide the City 5% of the total sale price of each niche sold within the columbarium as payment for the leased space for the columbarium. Sale price shall include all fees associated with purchase of the niche, including opening/closing fees, price of the niche, engraving and any other miscellaneous fee included in the niche purchase. 5. Funeral Home shall provide the City with drawings and product information for all materials used in the construction of the columbarium and adjoining improvements. Columbarium shall be purchased from a company that has at least five years of experience in manufacturing and installing columbariums. References and information related to locations where manufacturer has installed similar columbariums shall be available to the City upon request. 6. Funeral Home shall be responsible for the sale of niches within the columbarium and all record keeping. Funeral Home shall provide the City a copy of all 2 records associated with sale, ownership, location and names associated with each niche. 7. Funeral Home shall be responsible for all maintenance associated with the columbarium and adjoining improvements. This includes snow removal within the columbarium improvements, opening/closing and engraving of each niche, general cleaning, vandalism repair, and perpetual care of the columbarium and adjoining improvements. 8. The City shall move snow from adjoining roadway and remove snow ridges along roadway near columbarium access point from roadway. City shall mow grass around and adjacent to columbarium. 9. Funeral Home agrees not to remove any trees within the cemetery without the consent of the City. Further the Funeral Home will restore all areas impacted by construction of the columbarium and adjoining improvements. 10. Additional columbarium units or changes to the columbarium improvements proposed with this agreement shall be approved by the City. 11. Funeral Home agrees to indemnify and hold harmless the City from any and all claims resulting from the Funeral Home’s use of the easement area. 12. This agreement is binding upon the parties, their heirs, successors and assigns. 13. This agreement constitutes the entire agreement made and entered into between the parties, and any term or provision not included in this agreement is a term or provision which has not been agreed to between the parties. 14. Time is of the essence in the performance of each and every term and provision of this agreement. 15. This agreement may be amended only by a written agreement made and entered into between these parties. Dated the day and year first above written. 3 CITY OF DEVILS LAKE, Party of the First Part By: ______________________________________ Jim Moe President, Devils Lake City Commission ATTESTED TO: By: ______________________________________ Spencer Halvorson City Administrator/Auditor GILBERTSON-GLOGER FUNERAL HOME, INC., Party of the Second Part By: ______________________________________ Stephanie Armstrong, Owner, Gilbertson-Gloger Funeral Home, Inc. STATE OF NORTH DAKOTA ) )ss COUNTY OF RAMSEY ) On this ______ day of ________________, 2023, before me, a notary public within and for the said county and state, personally appeared Jim Moe, known to me to be president of Devils Lake City Commission and who acknowledged to me he executed the above and foregoing document in the capacity set forth herein. ________________________________________ Notary Public 4 STATE OF NORTH DAKOTA ) )ss COUNTY OF RAMSEY ) On this ______ day of ______________, 2023, before me, a notary public within and for the said county and state, personally appeared Stephanie Armstrong, known to me to be owner of Gilbertson-Gloger Funeral Home, Inc., and who acknowledged to me she executed the above and foregoing document in the capacity set forth herein. ________________________________________ Notary Public 5  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 6-Nov-23 VENDOR AMOUNT DUE AIRPORT Mac's-Dakota Implement $305.16 Devils Lake Chamber of Commerce $600.00 Diamond Vogel $73.75 Lake Region Electric $6.90 Mead & Hunt $72,049.39 Midco Business $309.49 Northstar Auto $386.00 Tyler Dahl $210.00 Vertex Aerospace LLC $45,518.00 CITY Altru $1,840.80 Amazon Capital Services $1,119.64 Angry Beaver Tree Service $52,175.00 ASCAP $445.00 AT & T $1,238.72 Baker & Taylor $801.41 Ben Harkness $354.05 Book Systems, Inc. $1,885.00 Butler Machinery $12,057.53 Capital One-Walmart $373.25 Capital One Trade Credit-Mac's $1,231.34 Central Business Systems $216.25 City of Devils Lake $247.50 Corporate Technologies $19,180.16  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 6-Nov-23 VENDOR AMOUNT DUE Dakota Implement-NAPA $2,487.11 Dl Chamber of Commerce $235.00 DL Chamber/Tourism $41,790.54 DL Park Board $31,417.22 Dakota Supply Group $341.05 Dustin Willey $124.30 Ecolab $361.62 Ferguson Waterworks $368.25 Flexible Pipe Tools & Equipment $836.85 Galls $511.73 Gerrells $21.98 GF Fraternal Order of Police $60.00 Guy Callender $480.00 HE Everson $408.39 HACH $152.29 Hawkins $6,611.40 Interstate Billing Services-Ironhide $3,290.80 Joe & Bros Mow for Dough $150.00 Keller's Briteway $26.00 KLJ Engineering $20,719.75 Lake Region Corporation $8,559.00 Lake Region Public Library Foundation $238.78 Lake Region Sheet Metal Corp $418.57 LEAF $519.07 Mid-Land Excavating $1,232.50 Minnie H Express Car Wash $239.92 Modern Marketing $1,209.84 MonsterLawn $11.81 MDU $45.23 Newby's Ace Hardware $255.09 Nodak Electric $9,378.49  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 6-Nov-23 VENDOR AMOUNT DUE Northern Improvement Co. $610.00 Northern Lights Display $169.00 ND Dept of Transportation $1,675.80 ND Order of Police $405.00 NDTC $117.05 Northstar Auto $27.00 NSC Minerals $7,428.87 O'Reilly's $42.99 Ottertail Power $16,391.95 Plasticards, Inc.-Rainbow Printing $442.00 Plumbit Plumbing $200.00 Pomp's Tire Service $1,308.21 PS Doors $605.00 Quill $559.93 Razor Tracking $75.00 Reslock Prnting $1,040.55 RMB Enviromental Laboratories $450.00 Samuelson Welding Services $270.00 Sanitation Products $339.59 Service Tire $2,449.73 Tanya Weiler $1,000.00 The Village $2,010.00 Tractor Supply $65.86 Usable Life $596.84 Wang's $729.65 TOTAL LIST OF BILLS $384,136.94