City Commission

City Commission Meeting Agenda Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Tuesday, January 2, 2024 Meeting Items 1) Call to Order 2) Pledge of Allegiance 3) Approval of Minutes – December 18, 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 Park District a. Release of Obligated Funds - $250,000 Quality of Life Investment Commission Portfolios 1) N/A Old Business 1) Line of Credit – Airport Authority Consent Agenda 1) N/A New Business 1) 2nd Reading – Ordinance #993 Franchise Agreement Renewal with Montana Dakota Electric Utilities 2) Adjustment to Rates and Fees – Sanitation Compactor Rates 3) Law Enforcement Center Deed 4) Assistant City Engineer Grade and Step Adjustment 5) Designate Depositor for City Funds 6) Pay Estimate #5 – City Project 230201 Watermain Replacement 28-23 & 29-23 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 December 18, 2023 The regular meeting of the Devils Lake City Commission was held on December 18, 2023 with the following members present: President Moe, Rob Hach, Jason Pierce, Dale Robbins, and Shane Hamre. Commissioner Pierce moved to approve the minutes of the regular Commission meeting held on December 4, 2023. The motion was seconded by Commissioner Robbins, and the motion carried unanimously. Public Hearing – Resolution to Establish Devils Lake Job Development Authority – The City Administrator briefed the resolution on the Job Development Authority for the City of Devils Lake. Commissioner Pierce made a motion to approve the resolution. Commissioner Hach seconded the motion, and the motion carried unanimously. Commissioner Hach – The City Engineer communicated that there is not an update for the Sanitation Department. The City Assessor communicated that homestead credit applications will be going out at the end of the year. Commissioner Hamre - The City Engineer communicated that the Utility Department will be working on identifying copper and lead lines within the city. 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 the Fire Department is working on year end stuff and following up with the equipment plan. He also mentioned that Santa will be in town on December 21st and 22nd and the routes will be posted on their Facebook page. Commissioner Pierce communicated that the LEC has the deeds for the JPA and lease of the LEC. He also communicated that he is going to talk to Allyson at the Chamber about a city with Christmas celebration for next year. He also communicated the updates to the Lake Region Dispatch 911 procedures. The Police Chief communicated that he does not have an update for the Police Department. President Moe communicated that he would like a letter of condolences sent out to Mercer County. Commissioner Pierce thanked the police department, sheriff department, and the BIA for helping hand out the extra gifts that they had. The City Administrator communicated that he did not have an update. The City Attorney communicated that they are halfway done with the junk nuisances. They are trying to figure out where they can put the vehicles. 1st Reading – Ordinance #993 Franchise Agreement Renewal with Montana Dakota Electric Utilities Equipment Replacement Plan – The City Administrator went through each department and what that specific departments equipment plan is over the next seven years. He communicated the larger purchases and the years they are projected to take place. Commissioner Pierce made a motion to approve the equipment replacement plan. Commission Robbins seconded the motion. The motion carried unanimously on a roll call vote. Budget Amendment 24-01 - Equipment Replacement Update – The City Administrator went through a couple of budget amendments that need to be made. Commissioner Pierce made a motion to approve budget amendment 24-01. Commissioner Robbins seconded the motion. The motion carried unanimously on a roll call vote. Adjustment to Rates and Fees – Truck Snow Haulers – The City Engineer communicated that the City contracts with local truck drivers to haul away snow when cleaning the downtown area. The city currently pays $2.25 per cubic foot per hour for a truck to haul snow. An additional $5.00 per hour is paid for trucks that have an end gate. The recommendation is to adjust the rates and fees to reflect a per hour additional payment of $12.50 for snow haulers with an end gate. This would be an increase of $7.50 per hour from the current pay of $5.00 per hour. Commissioner Hamre made a motion to approve the recommendation. Commissioner Hach seconded the motion, and the motion carried unanimously. Adjustment to Part Time Salaries – Volunteer Fire Department – The Fire Chief communicated that this adjustment would be to match what the city pays their part time employees. He communicated that it is difficult to retain volunteer firefighters, so hopefully making this change will get them to stick around. Commissioner Hach made a motion to approve the adjustment for part time salaries. Commissioner Pierce seconded the motion. The motion carried unanimously on a roll call vote. Resolution Declaring the Necessity of an Improvement for St Imp District #79-24 – 17th St SE, 16th St SE, 8th Ave SE, 10th Ave SE – Commissioner Pierce made a motion to approve the resolution declaring the necessity of an improvement for street improvement district #79-24. Commissioner Robbins seconded the motion, and the motion carried unanimously. Commissioner Pierce moved to approve the list of bills as submitted. The motion was seconded by Commissioner Robbins. The motion carried unanimously on a roll call vote. SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION  ACCEPTANCE OF FRANCHISE Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc., a corporation, hereby accepts the terms and conditions of that certain Ordinance No. 881 enacted by the governing body of the City of Devils Lake, Ramsey County, North Dakota, the same being an ordinance granting to said Company, its successors and assigns, a franchise to construct, maintain and operate, within and upon, in and under the streets, alleys and public grounds of said City, a gas distribution system for transmitting and distributing natural or manufactured gas for public and private use, which ordinance was duly and finally passed, adopted and approved by the governing body of said City on the 20th day of January, 2009. Dated this  Montana-Dakota Utilities Co. A Division of MDU Resources Group, Inc. ••"o?-POQ, -- •• CJ • "'1, •• -�V 1924 President and Chief Executive Officer I, the undersigne , uly elected, qualified and acting Auditor of the City of , State of North Dakota, do hereby certify that I received the within Acceptance of Franchise on this day of ,2009, and on said date duly filed the same in my office. Auditor (SEAL OF MUNICIPALITY)  - CITY OF DEVILS LAKE - CITY COMMISSION - Fred Bott, President 423 Sixth Street NE P.O. Box 1048 Dick Johnson Devils Lake, ND 58301-1048 Tim Heisler Craig Stromme Phone (701) 662-7600 Fax (701) 662-7612 Rick Morse www.ci.devils-lake. nd.us January 22, 2009 Ban-y Gage MDU 205 6th Street Devils Lake, ND 58301 Dear Mr. Gage: Enclosed for your files is a copy of the Ordinance related to our Franchise Agreement that was passed at the City of Devils Lake City Commission meeting on January 20, 2009. According to the Ordinance, MDU has thirty days to file with the City Auditor its written acceptance of the franchise. Feel free to call me at 662-7600 if you have any questions. Sincerely, (i�� Terry Johnston City Administrator Enclosure TERRY L. JOHNSTON GARY A. MARTINSON MICHAEL E. GRAFSGAARD J. THOMAS TRAYNOR. JR. Admirnslrator:Auditor Assessor1Building Official Engineer City Attorney (701) 662-7600 (701) 662-7607 (701) 662-7614 (701) 662-4077 terry j@ci.devils-lake. nd.us gary_m@ci.devils-lake.nd.us mike_g@ci.devils-lake.nd.us lomtraynor@traynorlaw.com  ORDINANCE NO. 9 9 3 881 AN ORDINANCE, WHICH UPON ADOPTION, SHALL BE CODIFIED AS CHAPTER 13.38 OF THE DEVILS LAKE MUNICIPAL CODE. BE IT ORDAINED, by the City Commission of the City of Devils Lake, North Dakota, pursuant to the Home Rule Charter of the City of Devils Lake, that this Ordinance shall be codified as Chapter 13.38 of the Municipal Code, and shall provide as follows: 13.38.010 Statement of intent and purpose. This is an ordinance granting to Montana- Dakota Utilities Co., a division of MDU Resources Group, Inc. a corporation, its successors and assigns, the franchise and right to construct, maintain and operate, within and upon, in and under the streets, alleys and public grounds of the City of Devils Lake, ND a gas distribution system for transmitting and distributing natural or manufactured gas, or a mixture of both, for public and private use. 13.38.020 Definitions. The following shall be definitions for purposes of this ordinance: A. "City" shall be the City of Devils Lake, ND. B. "Company" shall be Montana-Dakota Utilities Co., a division of MDU Resources Group, Inc. 13.38.030 Purpose and Jurisdiction. Company shall maintain an efficient distribution system for furnishing natural or manufactured gas, or a mixture of both for public and private use at such reasonable rates as may be approved by the Public Service Commission of the State of North Dakota and under such orders, rules or regulations as may be issued by a federal or state agency having jurisdiction thereof. 13.38.040 Term. This franchise shall continue and remain in full force and effect for a period of fifteen (15) years from the date of acceptance by Company, unless renewed, revoked, or terminated sooner as herein provided. 13.38.050 Nonexclusive Franchise. This franchise shall not be exclusive and shall not be construed to prevent the City from granting to any other party, or prevent the City itself, the right to use the streets, alleys, and public grounds of the City for like purposes. 13.38.060 Governing Public Ways and Places, Grants of Access and Use of Public Rights OfWay A. All gas pipes, mains, regulators and other property and facilities shall be located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic, travel upon the use of public ways of the City. In installing, repairing, maintaining, removing, or replacing said gas pipes, mains and appurtenances, Company shall, in all cases, place the public ways, in, on, under, or across which the same are located in as good condition as they were prior to said operation. B. Company shall provide filed locations for all its underground facilities when requested by City within a reasonable period of time. The period of time will be considered reasonable if it compares favorable with the average time required to locate minicipalmunicipal underground facilities for Company. C. Company shall notify City of the proposed route, prior to installing or replacing pipe or facilities within public right of way to allow City the ability to review proposed installation locations. Review by City is meant to limited to identifying future conflicts or relocations that could be caused by future City utility or street work. Said notification is not required for repair, maintenance, or emergency work by Company. D. Company shall fully comply with all City of Devils Lake Ordinances governing Public Ways and Places, including but not limited to access and public use of streets, sidewalks, and public places. E. In those instances when City's Fire Department members are providing assistance at the scene of a gas leak: l. For gas leakage occurrences involving Company's jurisdictional area, which area ends at the customer's meter shutoff, the City may require reimburs mentreimbursement by the Company to the City for all Fire Department expenses incurred at the then existing Fire Department rate for personnel and equipment responding to the gas leakage occurrence when the Company does not timely provide at the site of the leakage a service representative(s) capable of evaluating the incident (i.e. service technician). Reimbursement may be requested for the time period commencing 45 minutes from when the Company receives notice of the potential gas leakage situation or from when the time the Fire Department is dispatched, whichever is later, and ending at the time the service representative(s) arrives at the scene. The City may seek reimbursement for its entire cost of responding to the incident if the cause of the leakage is a result of the negligence of the Company or if its agent or employee requests the services of the Fire Department in addressing the situation. If the Fire Department is required to remain on the site and the Company's construction crew arrives to repair a gas leakage, reimbursement may be requested for the time period commencing one and one-half hours from the time the Fire Department is dispatched and up until the time as such construction personnel are on site, after which time no further reimbursement shall be sought, unless the cause of the leakage is as a result of the negligence of the Company and/or its agents or employees and the representative(s) requests the services of the Fire Department. 2. The City may seek reimbursement from the responsible party, for all Fire Department expenses incurred at the then existing City rate for personnel and equipment used in responding to a gas leakage occurrence when the gas leakage is caused by the negligent and/or intentional acts or omissions of such responsible party i.e. including corporate and business entities. Except for the time requirements as provided for in Section 13.38.060(E)(l), City will not hold Company responsible for leakages caused by others. 3. The determination as the whether or not to seek reimbursement as provided for in paragraphs 1 and 2 above shall be in the discretion of the City Fire Chief. 4. Subsections 1 and 2 above apply only to gas leakage calls involving the Company's jurisdictional area which would be up to the customer's meter shutoff. 13.38.070 Relocating. A. Whenever the City shall grade, regrade, or change the line of any public way, or construct or reconstruct any City utility system therein and shall, in the proper exercise of its police power, and with due regard to reasonable working conditions, when necessary order Company to relocate permanently its mains, services and other property located in said public way, Company shall relocate its facilities at it own expense. City shall give Company reasonable notice of plans to grade, regrade or change the line of any public way or to construct or reconstruct any City utility system. The notice will contain: (1) the nature and character of the improvements, (2) the Public Ways or Public Grounds upon which the improvements are to be made, (3) the extent of the improvements, (4) the time when the City will start the work, and (5) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. Company shall take all necessary steps to determine whether their pipe and facilities will be impacted by proposed work by City and coordinate a relocation plan that is acceptable to the City. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, material availability, labor, and other relevant circumstances, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. The Company shall have the right to request any additional time in advance of the actual commencement of the work if required to make any necessary additions, alterations or repairs to its Gas Facilities., and City shall have the sole right to determine if the Company request is granted., any additional time in advance of the actual commencement of the work if required to make any necessary additions, alterations or repairs to its Gas Facilities. B. Any relocation, removal or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of North Dakota or federal statutes as supplemented or amended. C. Nothing contained herein shall relieve any person, persons, or corporations from liability arising out of the failure to exercise reasonable care to avoid injuring Company's facilities while performing any work connected with grading, regrading or changing the line of any public way, or with the construction or reconstruction of any City utility system. 13.38.080 Indemnification. Company shall indemnify, keep and hold City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair or operations of Company's gas facilities located on, over, under, or across the public ways and public grounds of the City, unless such injury or damage grows out of the negligence of City, its employees, or agents, results from the performance in a proper manner of acts reasonably deemed hazardous by Company, but such performance is nevertheless ordered or directed by City after notice of Company's determination. In the event a suit shall be brought against City under circumstances where the above agreements to indemnify applies, company at its sole cost and expense shall defend City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If such notice is not reasonably given as hereinbefore provided, Company shall have no duty to either indemnify or defend. If Company is required to indemnify and defend, it will thereafter have complete control of such litigation, but company may not settle such litigation without the consent of City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to Company; and every defense or immunity that City could assert in its own behalf. 13.38.090 Vacation of Public Ways. Except where required solely for a City improvement project, the vacation of any public way or public ground, after the installation of gas facilities, shall not operate to deprive Company of its rights to operate and maintain such gas facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to the Company by the party requesting the relocation. 13.38.100 Franchise Fee. The City reserves the right, if not prohibited by the laws of the State of North Dakota, to charge the Company a franchise fee for this franchise not to exceed three percent (3%) of the gross revenue received by the Company in the City from the users of natural gas services distributed by the Company in the City of Devils Lake each year. This charge shall be set by the Fees and Rates adopted by the City each year, which Fees and Rates may be amended by the City, as provided by law. 13.38.110 Assignment. The Company shall have the right to assign this franchise to any party, or corporation, but all obligations of the Company shall be binding upon its successors and assigns. 13.38.120 Written Acceptancy. Within thirty (30) days after Company is notified of passage and final approval of this Ordinance, Company shall file with the City Auditor its written acceptance of this franchise. Passed First Reading: Passed Second Reading: Final Passage and Adoption: ATTEST:  STAFF REPORT City Commission – January 2, 2024 Agenda Item: Adjustment to Rates and Fees – Inert Landfill Compactor Truck Submitted By: Spencer Halvorson, City Administrator/Auditor Staff Recommended Action: Adjust the rate for the Inert Landfill Compactor Truck per cubic yard from $14 to $16 RECOMMENDATION When the City set rates during the budget approval process, there was an oversight in the recommendation to adjust the Inert Landfill Compactor Truck rate. Normally, the Inert Landfill Compactor Rate is 2x the normal per cubic yard charge for inert waste ($8 in 2024). Staff recommends the Inert Landfill Compactor Rate be adjusted from $14 to $16 per cubic yard.  Dakota Dynamics Human Resources Consulting for Local Government Tanya Wieler, Owner/Consultant 13137 85th St NE Crystal, ND 58222 701-640-4447 tanya@dakotadynamics.com MEMO To: Devils Lake Commission From: Tanya Wieler, Dakota Dynamics – Human Resources Advisor to the City of Devils Lake CC: Mike Grafsgaard, City Engineer Spencer Halvorson, City Administrator Re: Classification Review Date: December 27th, 2023 Recently I was approached by City Engineer Mike Grafsgaard with a request to review the Assistant City Engineer job classification. The purpose of this memo is to provide you with a summary of my review and subsequent recommendation. Mike initially requested an adjustment for the position to be moved from a Grade 15 to a Grade 17. He shared current NDDOT and private engineering firm data with his request, along with a handful of Assistant City Engineer job notices. In conducting my own market research, none of the additional data I found was in contrast to what Mike shared with me. On the contrary, the data I gathered suggested that a Grade 17 may not be enough of an adjustment to bring the position in line with relevant market data. Some of you may recall that we use a term called Position in Market to determine how we compare to other agencies and the outside job market. This is shared as a percentage with 100% being directly comparable to the market; under 100% means we are paying lower than the job market; and over 100% means we are paying above the market average. The hardest part of course is finding good relevant market data. This can be tricky given that public sector typically does not always compare (salary-wise) to the private sector, private sector data can be difficult to locate, and public sector numbers are not always abundant. The data reviewed came from NDDOT, private sector engineering firms in our area, and several other local government entities that employ engineers (both city and county agencies) Most of the data I can find indicates that this position is sitting at about 70-75% of market. The average starting salaries for the most recent comparable job openings in the Midwest are above our highest step within our current Grade 15. Grade 17 would move this position closer to 80-85% of market. However, this is still significantly lower than what we normally strive for as a city. We typically use a benchmark of 95% of market to ensure that we remain competitive. The average of all the comparable data gathered is $105,000/year. Grade 18 gives a better position in market with our midpoint (step H/Year 7) sitting at 93.5%. Part of the review process for me must ensure that any potential changes will still fit within the “bigger picture” of the overall structure and hierarchy of the City of Devils Lake. Given the cost of private engineering services, the certifications required to maintain an engineers license, and the significant discrepancy compared to relevant market data I am comfortable supporting a reclassification to a Grade 18.  STAFF REPORT City Commission – January 2, 2024 Agenda Item: Designate Depositor of City Funds Submitted By: Spencer Halvorson, City Administrator/Auditor Staff Recommended Action: Designate Bremer Bank at the location of 424 5th Street NE, Devils Lake, ND 58301 as the depositor of City funds RECOMMENDATION NDCC 21-04-13 states that the City governing body, at a regular meeting in January of each even-numbered ear, shall designate depositories of public funds which meet the pledge of security requirements. The current designated depositor of City funds is Bremer Bank in Devils Lake. Staff recommends the City maintain its banking relationship with Bremer Bank.  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 2-Jan-24 VENDOR AMOUNT DUE AIRPORT Bergstrom Electric $43,704.00 Capital One Trade Credit $50.06 Gleason Construction $690,957.00 Kris Broe $307.50 Klemetsrud Plumbing $15,300.00 Mead & Hunt $38,750.02 Scott Cruse $830.76 CITY Amazon Capital Services $655.82 Bergstrom Electric $3,078.34 AT & T $3,298.42 Capital One Trade Credit-Mac's $521.68 Central Business Systems $432.17 CivicPlus $938.45 Connect Interiors $4,600.00 Corpoate Technologies $3,535.00 Dempsey Truck & Trailer $7,597.05 DL Chamber of Commerce/Tourism $48,412.08 DL Park Board $42,202.32 Dustin Moen $623.84 Ecolab $146.40 Ferguson Waterworks $3,155.13 Galls $1,016.93 Golden Plains Property $40.65 Hawins $6,994.84 Interstate Billing Service $734.66 Keller's Briteway $26.00  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 2-Jan-24 VENDOR AMOUNT DUE Kemper Construction $17,071.20 Klemetsrud Plumbing $120.00 KLJ Engineering $50,076.04 Knutson's Body Shop $214.40 Lake Region Corporation $20.00 LEAF $65.00 National Safety Apparel $598.00 ND dept of Transportation $1,566.71 Nelson County Treasurer $883.99 Newby's Ace Hardware $211.10 Nodak Electric $9,861.62 NSC Minerals $610.91 O'Reilly's Auto Parts $314.91 Ottertail Power $2,715.25 PS Garage Doors $442.66 Reslock Printing $2,168.94 Rodney & MiKisha Dragswolf $40.65 Stone's Mobile $1,159.40 Tailyr Vondal $25.00 Tanya Weiler $1,000.00 Tractor Supply $1,693.01 Xtreme Signs & Graphix $180.00 TOTAL LIST OF BILLS $1,008,947.91