City Commission

City Commission Meeting Agenda Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Monday, December 4, 2023 Meeting Items 1) Call to Order 2) Pledge of Allegiance 3) Approval of Minutes – November 20, 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) Devils Lake Airport Authority Commission Portfolios 1) JDA Establishment Briefing Old Business 1) N/A Consent Agenda 1) N/A New Business 1) Pay Estimate #3 - 2023 Curb, Gutter, and Sidewalk 2) Pay Estimate #4 – City Project 230201 – Watermain Replacement 28-23 & 29-23 3) Preliminary Engineering Report for St Imp District #79-24 4) Resolution Preparing Preliminary Report and Directing Preparation of Plans and Specification for St Imp District #79-24 – 17th St SE, 16th St SE, 8th Ave SE, 10th Ave SE 5) Resolution Creating St Imp District #80-24 – West Side 6) Approve Contracts for College Dr & Highway 19 Project 7) Letter of Credit – Devils Lake Regional Airport 8) PFAS Settlement Citizen Comment 1) N/A Informational Items 1) N/A Motion to approve payment of the list of bills as submitted. Page 1 of 2 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 November 20, 2023 The regular meeting of the Devils Lake City Commission was held on November 20, 2023 with the following members present: President Moe, Rob Hach, Jason Pierce, and Shane Hamre. Commissioner Hamre moved to approve the minutes of the regular Commission meeting held on November 6, 2023. The motion was seconded by Commissioner Hach, and the motion carried unanimously. Bid Opening – Sidewalk Snow Removal – The City Administrator opened one (1) bid from Dakota Wash Master in the amount of $4,493.75 for sidewalk snow removal. The City Engineer recommended award to Dakota Wash Master. Commissioner Pierce made a motion to approve the recommendation. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Commissioner Hach – The City Engineer communicated that the Sanitation Department will be doing a double route on Friday, due to being closed for Thanksgiving. The City Assessor communicated that he did not have an update. Commissioner Hamre - The City Engineer communicated that there is not an update for the Utility Department. Commissioner Hamre made a comment that the community is commenting on the recycling and how they are doing a great job. Commissioner Robbins – The City Engineer communicated that there is not an update for the Street Department or the Engineering Department. Commissioner Pierce – The Fire Chief communicated that their go live date for the new software will hopefully be January 1, 2024. Commissioner Pierce asked the City Attorney about the JPA agreement with the LEC. The City Attorney commente3d that he was ok with everything the LEC attorney has sent, and the next thing will be finalizing the JPA agreement. Commissioner Pierce also made a motion to have Friday, the day after Thanksgiving, off for all City employees. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. The Police Chief communicated that the Police Department received the Back the Blue Grant in the amount of $28,387.00. He communicated that the funds will be used by giving the sworn officers (19 of them) a one-time retention bonus in the amount of $1,388.79/officer. The remaining dollars will be used for recruitment and signing bonuses. Commissioner Pierce made a motion to approve the use of these funds. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. The City Administrator communicated that the healthcare roundtables went good with the community, and they had a good number of people participating at each one. He also communicated that the Jobs Development Authority resolution will be at the meeting on December 18th and explained to the Commission exactly how that process is going to work. The City Attorney communicated that he does not have an update. He mentioned that he will follow up with Nate on the nuisances and that we need to discuss who is responsible for each process. Maintenance Certification for Urban Projects – The City Engineer communicated that this certification states that the city is properly maintaining the projects that had federal aid for construction. Commissioner Hach made a motion to approve the certification agreement for urban projects. Commissioner Hamre seconded the motion, and the motion carried unanimously. Request to Purchase Lot in Roundhouse Subdivision – The City Assessor communicated that a letter was received requesting the purchase of lot 1, block 9 of the roundhouse subdivision. He recommended approval of the purchase of this lot for $2,000 in addition to any outstanding special assessments. Commissioner Pierce made a motion to approve the request to purchase the lot in the roundhouse subdivision. Commissioner Hamre seconded the motion. The motion carried unanimously on a roll call vote. Pay Estimate #2 – Curb, Gutter, and Sidewalk – The City Engineer communicated that this pay estimate is for work done in the amount of $25,888.75 paid to Elshaug Concrete. Commissioner Hamre made a motion to approve pay estimate #2 for curb, gutter, and sidewalk. Commissioner Pierce seconded the motion. The motion carried unanimously on a roll call vote. Change Order #1 – City Project 230201 Watermain Replacement 29-23 – The City Engineer communicated that this change order is for three (3) “gate valve & box 6in” to be installed along 2nd St NE from 11th Ave NE to 12th Ave NE. It is also for a section of existing 6” cast iron water main running along 10th Ave NE from 2nd St NE to 3rd St NE was burst and replaced with 8” PE pipe and tied into the existing 8” gate valve at 3rd St NE that was recently replaced. The total cost of the change order is $32,461.00. Commissioner Hamre made a motion to approve change order #1 – city project 230201 watermain replacement 29-23. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Pay Estimate #3 – City Project 230201 Watermain Replacement 28-23 & 29-23 – The City Engineer communicated that this pay estimate is for work done in the amount of $454,394.88 paid to Kemper Construction. Commissioner Hamre made a motion to approve pay estimate #3 – city project 230201 watermain replacement 28-23 & 29-23. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Change Order #1 – 14th St NE & 14th Ave NE – The City Engineer communicated that this change order is for shoulder preparation that was performed, but not included in the plans. The total increase is $4,653.63. Commissioner Pierce made a motion to approve change order #1 – 14th St NE & 14th Ave NE. Commissioner Hamre seconded the motion. The motion carried unanimously on a roll call vote. Site Certification Match Program with Ottertail Power – Brad Barth, Forward Devils Lake Executive Director, communicated that Ottertail Power Company reached out to see if the City of Devils Lake/Forward Devils Lake would be interested in an industrial site park certification. Brad requested up to $10,000 be allocated towards the City participation. Commissioner Hamre made a motion to approve the site certification match with Ottertail Power Company. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Commissioner Pierce 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  Resolution Approving Preliminary Report and Directing Preparation of Plans and Specifications for Street Improvement District No 79-24 17th St SE, 16th St SE, 8th Ave SE BE IT RESOLVED by the Board of City Commissioners of the City of Devils Lake, North Dakota, as follows: 1. This Board has received and considered the report of the engineer as to the general nature, purpose, and feasibility of the proposed Street Improvement District No 79-24, and an estimate of the probable cost of the work, and approves the report and directs it to be filed in the City Auditor's office. 2. The City Engineer is directed to prepare detailed plans and specifications for the project and to submit the same to this Board of City Commissioners. Voting aye were Commissioners _________________________________________________________ Voting nay were Commissioners _________________________________________________________ Absent and not voting were Commissioners _______________________________________________ Dated this 4th day of December, 2023. Attest: City of Devils Lake _____________________________ ______________________________ Spencer Halvorson, City Administrator Jim Moe, President of Commission  Resolution Creating Street Improvement District No 80-24 Area West of College Dr and South of 14th St NW and Ordering the Preparation of a Preliminary Report BE IT RESOLVED by the Board of City Commissioners of the City of Devils Lake, North Dakota, as follows: 1. Pursuant to the provisions of Chapter 40-22 of the North Dakota Century Code, Street Improvement District 80-24 is created for the purpose of improving the above noted roadways through milling and new HMA, curb & gutter improvements and miscellaneous items, and to defray a portion of the costs thereof by the levy and collection of special assessments in said District. 2. It is the judgment of this Board of City Commissioners, after consultation with the engineer planning the improvement for the City, the project will specially benefit some of the properties within the district, the size and form of which is defined by reference to the plats and maps on file in the office of the Register of Deeds of Ramsey County, North Dakota, as follows: Parcels of land included within the boundary described as follows: Beginning at the Northwest corner of Lot 12, Block 97, Original Townsite; thence Easterly along the South right of way line of 14th St NW to the Northeast corner of Lot 1, Block 92, Lincoln Add; thence Southerly along the West right of way line of College Dr N to the Southeast corner of Lot 24, Block 177, OT; thence Westerly to the Southeast corner of Lot 19, Block 176, OT; thence Northerly to the Southeast corner of Lot 24, Block 161, OT; thence Westerly to the Southwest corner of Lot 18, Block 162, OT; thence Northwesterly to the Southwest corner of Lot 12, Block 162, OT; thence Northerly to the Northwest corner of said Lot 12; thence Northwesterly to the Southwest corner of Lot 29, Block 7, Roundhouse Subdivision; thence Northwesterly to the Southeast corner of said Lot 29; thence Northerly to the Northwest corner of Lot 25, Block 7, Roundhouse Subdivision; thence Westerly to the Southwest corner of Lot 19, Block 7, Roundhouse Subdivision; thence Northwesterly to the Southwest corner of the East 55’ of Lot 5, Block 7, Roundhouse Subdivision; thence Northeasterly to the Northwest corner of said East 55’ of Lot 5; thence Northeasterly to the Southwest corner of Lot 8, Block 5, Roundhouse Subdivision; thence Northerly to the point of beginning. 3. The City Engineer is directed to prepare a report as to the general nature, purpose and feasibility of the proposed project and an estimate of the probable cost of the work. Voting aye were Commissioners _________________________________________________________ Voting nay were Commissioners _________________________________________________________ Absent and not voting were Commissioners ________________________________________________ Dated this 4th day of December, 2023. Attest: City of Devils Lake ______________________________________ ________________________________________ Spencer Halvorson, Administrator/Auditor Jim Moe, President of City Commission  Jonathon (Jack) F. Yunker 424 5th St. NE PO Box 152 Devils Lake, ND 58301 O: (701) 662-1840 C: (701) 740-5525 jack@yunkerlaw.us www.yunkerlaw.us December 4, 2023 City of Devils Lake ATTN: Spencer Halvorson P.O. Box 1048 Devils Lake, ND 58301 SENT VIA EMAIL (SPENCERH@DVLND.COM) ONLY Re: PFAS Litigation Dear Spencer: I write in response to your request for recommendation regarding the PFAS litigation. As you know, the PFAS litigation is a multi-district litigation against the 3M Company (“3M”) and several different DuPont entities (“DuPont”). The litigation involves multiple cities, counties, and municipalities throughout the nation who have water contaminants known as Per-and Polyfluoroalkyl Substances (“PFAS”). There are 18 PFAS chemicals that can be found in a city’s water supply. According to the North Dakota Department of Environmental Quality (“NDDEQ”), “PFAS are a group of chemicals that have been manufactured and used in a variety of industries in the United States since the 1940s. These chemicals have been shown to be persistent in the environment and the human body.” These chemicals have been attributed to some negative health impacts. The NDDEQ offered voluntary testing for PFAS chemicals in the North Dakota public water systems contained in North Dakota municipalities. The results of the testing can be found at https://deq.nd.gov/MF/PFAS/. Pursuant to the City’s request the North Dakota Department of Environmental Quality conducted a test to determine if these contaminants were found in the Devils Lake water supply. In a letter dated December 16, 2020, Ms. Stacy Herreid provided the results of the North Dakota Department of Environmental Quality, which concluded there were zero detections of the 18 PFAS chemicals in the City’s water supply. Enclosed is a copy of the test results. DuPont and 3M have reached settlement agreements for the class-action lawsuit and are now proceeding to the settlement payout phase of the litigation. This phase requires impacted claimants to take certain steps to secure and validate their claim. A claim would be validated if a city or district’s water source was tested and analyzed and found to have PFAS contaminants. District or city claims would be preserved by following the procedural requirements under the settlement. Pursuant to the settlements, the City has two options: (1) stay in the settlements; or (2) request exclusion from one or both of the settlements. The City will remain a part of the settlements if they take no action. However, the City will need to follow the claims procedure for testing for PFAS and submitting the claim documentation under each settlement. The procedure is different under each settlement. The City may also elect to stay in the settlement but not participate in the claims process—the submission of the water source testing. If the City elects to stay in the settlement and not participate in the claims process, it will not receive any settlement payment and will likely be prohibited from filing any future PFAS claim related to drinking water related to 3M or DuPont. If the City wishes to move forward with option 2—request exclusion from one or both of the settlements—the City would be required to prepare and serve various legal documents. The DuPont exclusion deadline is December 4, 2023. The 3M exclusion deadline is December 11, 2023. At this time, it is my recommendation the City remain in the settlement litigation and not participate in the claims process until such time that would be appropriate. Please contact me with any questions you may have. Respectfully, Jonathon (Jack) F. Yunker JFY/alj Enclosure Yunker Law | page 2  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 4-Dec-23 VENDOR AMOUNT DUE AIRPORT Newby's Ace Hardware $17.98 Nodak Electric $1,358.65 Ramsey County Treasurer $326.35 CITY Advance Auto Parts $67.59 Blue360 Media $82.95 Capital One-Walmart $728.69 Capital One Trade Credit-Mac's $5,428.97 Corporate Technologies $3,535.00 Dakota Implement-NAPA $1,740.59 Decorated Wearables $65.48 DL Chamber of Commerce/Tourism $51,780.63 Devils Lake Park Board $67,830.15 Ecolab $215.22 Eddy County Treasurer $752.33 Forward DL Development $50,000.00 Glen Geske $228.04 Gessner Ironworks $603.19 Hawkins $5,889.56 Ihry Insurance $167.00 IAAO $240.00 JB Vending $165.60 John Deere Credit $31,952.34 Keller's Briteway $26.00 Kemper Construction $56,302.30 KLJ Engineering $29,584.05 Lake Chevy Buick GMC $612.90 Lake Region Heritage Center $2,778.86 Lakeside Surveillance $715.50  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 4-Dec-23 VENDOR AMOUNT DUE LEAF $373.87 Leon's Building Center $105.45 Linde Gas & Equipment $244.95 Mack Plumbing $3,484.02 Matthew Bender-Lexis Nexis $81.60 Med-Tech Resource $97.65 Midstate Volunteer Program $3,000.00 Motorola Solutions $243.75 Nelson Electrical Solutions $213.00 Newby's Ace Hardware $543.93 Nicole Rosencrantz $3.84 ND League of Cities $3,500.00 ND Water Coalition $1,000.00 ND Water UsersAssociation $600.00 Ottertail Power Company $30,936.25 Petty Cash $114.50 Quadient Leasing $260.70 Ray's Painting Service $625.00 Razor Tracking $75.00 Rough Rider Industries $7,884.00 RWB Investments $49.00 Sanitation Products $187.49 Scott Bachmeier $68.00 Service Tire $551.98 Sue Schwab $14.00 Tanya Weiler $2,000.00 Tractor Supply Credit Plan $442.41 Usable Life $596.84 United States Postmaster $3,600.00 TOTAL LIST OF BILLS $374,093.15