City Commission
Regular MeetingDevils Lake, ND · January 16, 2024
Minutes
Minutes of the Devils Lake City Commission
January 16, 2024
The regular meeting of the Devils Lake City Commission was held on January 16,
2024 with the following members present: President Moe, Jason Pierce, Dale
Robbins, and Rob Hach.
Commissioner Pierce moved to approve the minutes of the regular Commission
meeting held on January 2, 2024. The motion was seconded by Commissioner
Robbins, and the motion carried unanimously.
Lake Region Heritage Center – Lisa Crosby gave an update on the Lake Region
Heritage Center and the Lake Regions Arts Center. She communicated that she
has not had many issues are the Heritage Center, unlike last year at this time.
She also mentioned that the Arts Center is going well and they sold their first
piece of art. She also encouraged everyone to go check out the building. The
City Administrator recommended quarter 1 release of funds in the amount of
$9,639.50. Commissioner Pierce made a motion to approve the
recommendation. Commissioner Hach seconded the motion. The motion
carried unanimously on a roll call vote.
Ramsey County Fair Board – Margaret Kvalevog and Paul Becker gave an
update on the Ramsey County Fair Foundation’s Multi-Purpose Event Center.
Margaret went through a few donations that they have already received, the
purpose of the building, and events they can hold. She communicated that
they are requesting $250,000 from the City. The City Administrator
communicated that if this is something the Commission would like to move
forward with, there will be trades with needs that the City itself needs.
Commissioner Robbins mentioned that it would be nice to see numbers at a
future meeting to see if this is something the City can do over the course of 5-10
years. Margaret communicated that the donation can be pledged, so they
would not need all of that money upfront. The City Administrator communicated
that he will work up the numbers and have them at the next commission
meeting.
Commissioner Hach – The City Engineer communicated that there is not an
update for the Sanitation Department. The City Assessor communicated that he
will be at the library on the first and third Wednesdays of January to help
residents with the homestead credit application and the property tax
application.
Commissioner Hamre - The City Engineer communicated that the Utility
Department will be working on service line inventories.
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 NDFA Fire
Convention will be in town June 6-8. He was asked to request funding for a
keynote speaker in the amount of $6,500. Commissioner Pierce made a motion
to pay the full amount for the keynote speaker. Commissioner Robbins
seconded the motion. The motion carried unanimously on a roll call vote. He
also communicated that over $300,000 was spent on prizes for the fishing derby,
and around $293,000 was spent locally.
The Police Chief communicated that there is not an update for the Police
Department.
The City Administrator communicated that we received the 3.6-million-dollar
reimbursement from the FAA for the airport and we will be receiving another
$922,000 from the State Aeronautics.
Termination of Agreement with Forward Devils Lake – The City Administrator
communicated that the Forward Devils Lake Board and the City Commission
have both informally agreed to pursue further due diligence on reforming out
Jobs Development Authority practices where Forward Devils Lake will still play an
active part with recommendation and limited approval authority. Commissioner
Pierce made a motion to approve the terminating of agreement with Forward
Devils Lake. Commissioner Hach seconded the motion, and the motion carried
unanimously.
New Single Family Dwelling Construction Property Tax Exemption – The City
Assessor communicated that the new single family dwelling construction
property tax exemption resolution has not been updated, to his knowledge,
since 1997. He communicated a few changes that he made to the resolution
and recommends approval. Commissioner Robbins made a motion to approve
the resolution as presented. Commissioner Pierce seconded the motion, and the
motion carried unanimously.
Authorize Call for Bids – Utility Pickup – The City Engineer communicated that the
Utility Superintendent would like to request to call for bids for a new utilities
pickup. He communicated that there are two (2) budgeted for in 2024.
Commissioner Pierce made a motion to approve the authorize call for bids for a
utility pickup. Commissioner Robbins seconded the motion, and the motion
carried unanimously.
Approval of Land Acquisition – Levee – Hanson – The City Engineer
communicated that this agreement is for the purchase for a small piece of
property. After construction of the flood protection, the Corps determined that
additional property was required for the flood protection to ensure the property
acquired met requirements outlines by the Corps. For this agreement, the parcel
to be acquired is 0.33 acres. Because it is sch a small tract, Landowners agree to
waive the requirement to have an appraisal completed and will sign the
attached waiver form. The City will pay Landowners $3,044.40 and in exchange
the landowners will sign a quit claim deed conveying the property outlined.
Commissioner Robbins made a motion to approve the agreement for Hanson.
Commissioner Hach seconded the motion. The motion carried unanimously on a
roll call vote.
Approval of Land Acquisition – Levee – Weed – The City Engineer
communicated that this agreement is for the purchase for a small piece of
property. After construction of the flood protection, the Corps determined that
additional property was required for the flood protection to ensure the property
acquired met requirements outlines by the Corps. For this agreement, the parcel
to be acquired is 0.64 acres. Because it is sch a small tract, Landowners agree to
waive the requirement to have an appraisal completed and will sign the
attached waiver form. The City will pay Landowners $4,253.28 and in exchange
the landowners will sign a quit claim deed conveying the property outlined.
Commissioner Pierce made a motion to approve the agreement for Hanson.
Commissioner Hach seconded the motion. The motion carried unanimously on a
roll call vote.
Approval of Land Acquisition – ROW – Bingham – The City Engineer
communicated that this agreement outlines the terms of the acquisition. This lot
is immediately adjacent to the section line. The landowner is willing to provide
the property in exchange for the City to pave some of 8th Ave. In the event that
the project to install asphalt pavement is not completed, the City will pay the
landowner $2,625 for the 10 foot strip of property and the temporary easement
will not be utilized by the City. Commissioner Pierce made a motion to approve
the agreement. Commissioner Robbins seconded the motion. The motion
carried unanimously on a roll call vote.
Preliminary Report and Directing #80-24 – 8th St NW, 9th St NW, 10th St NW, 11th St
NW – The City Engineer communicated that this report outlines roadways west of
College Dr and south of 14th St NW. He communicated that a lot of these
roadways require a lot of work from our Street department. The proposed work
would include milling and overlaying the roadway surfaces in an effort to
improve overall roadway drainage. The preliminary cost estimate for this project
is approximately $2.55 million. Of this amount, approximately $2.2 million is
estimated for construction and $0.35 million is estimated for contingencies,
administrative, legal, and engineering related costs. The roadways included with
this project are on our local road system and no federal cost-share will be
provided. The project cost will be split through the standard City policy of 75%
City share and 25% special assessed to benefiting properties. With the cost-
share, the City would pay approximately $1.9 million and property owners
approximately $0.65 million through special assessment. Commissioner Hach
made a motion to approve the preliminary report and directing #80-24.
Commissioner Robbins seconded the motion, and the motion carried
unanimously.
Pay Estimate #10 – City Project 220201 Watermain Replacement 27-22 – The City
Engineer communicated that this pay estimate is for $16,111.68 and will be paid
to Kemper Construction. Commissioner Pierce made a motion to approve pay
estimate #10. 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 Hach. The motion carried unanimously
on a roll call vote.
SPENCER HALVORSON JIM MOE
CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION
Agenda
Tuesday, January 16, 2024
5:30PM CST
Devils Lake Jobs Development Authority
Devils Lake City Hall Commission Chambers
423 6th St NE, Devils Lake, 58301
1) Appointment of Officers
2) Designation of Depositor of JDA Funds
3) Appointment of Authorized Agents
4) Assignment and Assumption Agreement with Forward Devils Lake
5) Appointment of Executive Committee – Forward Devils Lake Board of Directors
6) Agreement with Forward Devils Lake
7) List of Bills
Directly following JDA Meeting
City Commission Meeting Agenda
Devils Lake City Hall Commission Chambers
423 6th St NE, Devils Lake, 58301
Meeting Items
1) Call to Order
2) Pledge of Allegiance
3) Approval of Minutes – January 2, 2024
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) Lake Region Heritage Center – Lisa Crosby
2) Ramsey County Fair Board
Commission Portfolios
1) N/A
Old Business
1) Termination of Agreement with Forward Devils Lake
Consent Agenda
1) N/A
New Business
1) New Single Family Dwelling Construction Property Tax Exemption
Page 1 of 2
2) Authorize Call for Bids – Utility Pickup
3) Approval of Land Acquisition – Levee – Hanson
4) Approval of Land Acquisition – Levee – Weed
5) Approval of Land Acquisition – ROW – Bingham
6) Preliminary Report and Directing Preparation of Plans and Specifications for
Street Improvement District #80-24 – 8th St NW, 9th St NW, 10th St NW, 11th St NW
7) Pay Estimate #10 – City Project 220201 Water Main Replacement 27-22
Citizen Comment
1) N/A
Informational Items
1) 2023 Year-End Information
a. Sales Tax
b. Building Permit
c. Utility Collections
d. Investment Portfolio
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
STAFF REPORT
Jobs Development Authority – Jan. 16, 2024
Agenda Item: Designate Depositor of Jobs Development and
Growth Fund Funds
Submitted By: Spencer Halvorson, City Administrator/Auditor
Staff Recommended Action: Designate Bremer Bank as the Depositor of Jobs
Development and Growth Fund Funds
It is necessary for the Jobs Development Authority to Designate a Depositor for JDA and
Growth Fund Dollars.
The City currently banks with Bremer Bank. It is recommended for administrative
efficiencies that the JDA designate Bremer Bank as the depositor of JDA and Growth
Fund financial resources.
STAFF REPORT
Jobs Development Authority – Jan. 16, 2024
Agenda Item: Approval of Authorized Agents for the Jobs
Development Authority
Submitted By: Spencer Halvorson, City Administrator/Auditor
Staff Recommended Action: Approve Jim Moe – President of the DL JDA, Spencer
Halvorson – City Administrator/Auditor, and Brina Schuh
– Deputy Auditor as authorized agents for the Devils
Lake Jobs Development Authority
Approval of authorized agents to sign legal and financial documents related to the
business of the Jobs Development Authority is required for operational purposes.
It is recommended that, like for the City of Devils Lake, the JDA Board of Directors appoint
Jim Moe, the expected President of the JDA (subject to JDA approval earlier in the
agenda), Spencer Halvorson, the City Administrator/Auditor, and Brina Schuh, the
Deputy Auditor as authorized agents with the authority to sign legal and financial
documents related to the business of the Devils Lake Jobs Development Authority.
OPERATING AGREEMENT BETWEEN THE CITY OF DEVILS LAKE, FORWARD
DEVILS LAKE, AND THE CITY OF DEVILS LAKE JOBS DEVELOPMENT
AUTHORITY
1. This Agreement is made between the City of Devils Lake (the “City”) and Forward Devils
Lake (“FDL”), a North Dakota non-profit corporation, and the City of Devils Lake Jobs
Development Authority (“JDA”). The City, FDL, and JDA are collectively referred to as the
“Parties.”
2. Allocation of Funds. The City shall continue to allocate a portion of its mill levy to the JDA.
a. The JDA shall remit the mill levy allocation to FDL, minus an administrative fee
determined by the City Commission.
b. The City Commission shall continue to remit a portion of sales tax revenue to FDL
each year, in an amount determined during the City's annual budget process.
3. Office Space. The JDA shall continue to allow FDL to occupy office space at Devils Lake City
Hall for $1.00 per year.
4. Authority of FDL. The JDA appoints the FDL Board of Directors to serve as an executive
committee with authority to:
a. Approve applications for programs within financing limits set by the JDA;
b. Approve JDA's list of bills;
c. Expend up to $10,000 from the Growth Fund for due diligence and research; and
d. Assess, research, and make recommendations to the JDA Board.
5. Limitation of Authority. Nothing herein presumes any authority of the JDA Board over FDL.
6. Reporting and Records. FDL shall provide quarterly reports to the JDA detailing its activities,
expenditures, and progress on approved programs. FDL shall maintain detailed financial records
related to funds received under this Agreement. Such records shall be available for inspection by
the JDA upon reasonable notice.
7. Term and Termination. This Agreement shall commence on the Effective Date and may not be
modified or cancelled unless by written agreement between the parties.
8. Governing Law. This Agreement is governed by the laws of North Dakota.
-1-
9. Merger Clause. This Agreement contains the entire understanding between the parties and
supersedes any prior agreements.
FORWARD DEVILS LAKE
By: _____________________
Date: ____________________
CITY OF DEVILS LAKE
By: _____________________
Date: ____________________
DEVILS LAKE JOBS DEVELOPMENT AUTHORITY
By: _____________________
Date: ____________________
-2-
Minutes of the Devils Lake City Commission
January 2, 2024
The regular meeting of the Devils Lake City Commission was held on January 2,
2024 with the following members present: President Moe, Jason Pierce, Dale
Robbins, and Shane Hamre.
Commissioner Hamre moved to approve the minutes of the regular Commission
meeting held on December 18, 2023. The motion was seconded by
Commissioner Robbins, and the motion carried unanimously.
Devils Lake Park District – Release of Obligated Funds – Kale Stromme, Christy
Remmick, and Dennis Nybo gave an update on Dockside Entertainment. Christy
went through the progress that has/is happening, when they plan to open their
doors, and mentioned that the rates and fees will be on the website soon. The
City Administrator recommended the release of funds in the amount of $250,000
Quality of Life Investment. Commissioner Pierce made a motion to release the
funds in the amount of $250,000. Commissioner Robbins seconded the motion.
The motion carried unanimously on a roll call vote.
Commissioner Hach – The City Engineer communicated that there is not an
update for the Sanitation Department. The City Assessor communicated that the
primary residence tax credit is open and can only be filled out online. He also
mentioned that he sent out homestead tax credit letters and that is also open.
Commissioner Hamre - The City Engineer communicated that the Utility
Department will be working on service line inventories.
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
on track for the fishing derby. They are also working on their year-end report and
will get that to the Commission once complete.
The Police Chief communicated that the Police Department just had 3 life
saving events, in which the officers are awarded for.
The City Administrator communicated that the December 2023 finance report
will be given in February 2024. He also mentioned that he will have investment
reports at the next meeting.
The City Attorney communicated that he is working on the JPA and JDA
agreements. He also mentioned that they are moving forward with the junk
ordinance.
Line of Credit – Airport Authority – The City Administrator communicated that
there is a large amount due in vendor payments that are related to the
apron/taxiway project and terminal expansion to be paid. It is recommended
that the City approve and extend the line of credit net of financial resources
incorporated with the City to $6,000,000.00 so the City can remit payment to
those vendors. In addition, it is also recommended that the City levy a 3%
interest charge per day on this revolving line of credit moving forward, until the
last reimbursement from the federal government for the terminal expansion and
apron/taxiway project are received or by action of the City Commission.
Commissioner Robbins made a motion to approve the recommendations.
Commissioner Pierce seconded the motion. Commissioner Hamre recused
himself. The motion carried unanimously on a roll call vote.
2nd Reading – Ordinance #993 Franchise Agreement Renewal with Montana
Dakota Electric Utilities – Commissioner Hamre recused himself. Commissioner
Robbins made a motion to approve the 2nd Reading of Ordinance #993.
Commissioner Pierce seconded the motion, and the motion carried
unanimously.
Adjustment to Rates and Fees – Sanitation Compactor Rates – The City
Administrator communicated that there was an oversight in the
recommendation to adjust the inert landfill compactor rate. Normally the inert
landfill compactor rate is 2x the normal per cubic yard charge for inert waste
($8 in 2024). The recommendation is to adjust the inert landfill compactor from
$14 to $16 per cubic yard. Commissioner Pierce made a motion to approve the
recommendation. Commissioner Hamre seconded the motion. The motion
carried unanimously on a roll call vote.
Law Enforcement Center Deed – The City Attorney communicated that there
are four deeds that need to be executed to transfer the property to the LEC.
With that, there will be a new joint powers agreement. The only updates to the
deeds will be the date. He is working with the County chairman on execution of
the deeds. The City and the County have to sign the same deed, so they are
coordinating signatures. Commissioner Hamre made a motion to approve law
enforcement center deeds. Commissioner Pierce seconded the motion. The
motion carried unanimously on a roll call vote.
Assistant Engineer Grade and Step Adjustment – The City Engineer
communicated that a review of all city positions is scheduled for 2024, however
recent information prompted him to request the City human resource consultant
to review the grade associated with the Assistant City Engineer. He
communicated that the Assistant City Engineer position was created in 2019
after the employee passed his professional engineer exam and became a
licensed engineer. This position was previously a Grade 13 non-exempt (hourly)
position. He communicated that the current Assistant City Engineer is an
extremely talented and dedicated employee with a diverse skill set that serves
the City very well. The talent and work ethic that he brings has allowed the City
Engineering Department to average over $2 million in construction projects that
last five years and generated approximately $350,000 annually for the general
fund. After talking to the City’s human resource consultant, pay for Engineers
with similar experience in our area averages $105,000 per year. With a goal of
being near 95% of market, the pay should be $99,750 per year. It is
recommended that the City Commission adjust the pay grade of the assistant
city engineer position to a Grade 16/18 and adjust the pay for the current
Assistant City Engineer from the current 15L ($7,437/month) to and 18H
($8,183/month) effective January 1st. The employee will also be eligible for a
step increase in July as outlined in the City policy manual. Commissioner Robbins
made a motion to approve the recommendation. Commissioner Hamre
seconded the motion. The motion carried unanimously on a roll call vote.
Designate Depositor for City Funds – The City Administrator communicated that
NDCC 21-04-13 states that the City governing body, at a regular meeting in
January of each even-numbered year, 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. The recommendation is the
City maintain its banking relationship with Bremer Bank. Commissioner Pierce
made a motion to approve the recommendation. Commissioner Robbins
seconded the motion, and the motion carried unanimously.
Pay Estimate #5 – City Project 230201 Watermain Replacement 28-23 & 29-23 –
The City Engineer communicated that this pay estimate is for $17,071.20 paid to
Kemper Construction. Commissioner Hamre made a motion to approve pay
estimate #5. Commissioner Pierce seconded the motion. The motion carried
unanimously on a roll call vote.
Commissioner Robbins moved to approve the list of bills as submitted, holding
Scott Cruse until approved at the next Commission Meeting. 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
STAFF REPORT
City Commission – Jan 16, 2024
Agenda Item: Resolution – New Single Family Dwelling Construction
Property Tax Exemption
Submitted By: Rob Johnson, City Assessor
Staff Recommended Action: Review resolution and take action as determined by
the Commission.
BACKGROUND:
I reviewed the City application form for a property tax exemption for new construction
of single-family residential property. This review was conducted as I had not previously
received an application for this program and did not know much about the program.
I researched the state statutes and local resolutions and have presented my findings
and recommendations listed below.
ANALYSIS AND FINDING OF FACTS:
A resolution passed on January 6, 1997, by the Devils Lake City Commission was based
on ND Century Code (NDCC) at that time, the key components of which were that
municipalities had the authority to “exempt certain new dwelling units of up to $75,000
of the true and full value of all new single family residential property, exclusive of the
land on which it is situated, from taxation for the two (2) taxable years subsequent to
the taxable year in which construction is begun if all of certain enumerated conditions
are met.”
In researching the corresponding NDCC 57-02-08(35), I found that it had been updated
during the 2009 legislative session to increase the potential maximum tax benefit from
$75,000 of the true and full (T & F) value, to $150,000 of the T & F value. The resolution
presented to you reflects this increase in potential tax benefit as allowed by NDCC.
Of the other municipalities that I researched, only Mandan offers less than the $150,000
benefit threshold, offering a maximum of $75,000.
The 1997 resolution also stated that the application “must be filed with the City
Assessor’s Office not later than thirty (30) days after the commencement of
construction.” I have updated this on the proposed resolution to state, “must be filed
with the City Assessor’s Office not later than thirty (30) days after the completion of
construction.” This statement is more consistent with the practices of the Assessor’s
Office.
The final change I made to this resolution from the 1997 version was to eliminate the
statement, “Further, said resolution shall be reviewed on an annual basis by the Devils
Lake City Commission.” There is no requirement to review it annually and, in my
research, I could not find where it has been reviewed since 1997.
It is important to note that once the Commission has passed the resolution the state
guidelines state, “there can be no discretion on its part regarding who shall receive the
exemption if the requirements set out in the statute and resolution are met.”
I am including the 1997 resolution and the state guidelines for this tax exemption
program for reference and informational purposes.
Please see the following calculations to further understand the tax benefit provided
and the potential impacts of the exemption as well as the historical number of
applications received. The effective tax rate used is 1.52%
Maximum Year Apps Year Apps
Benefit Value of Per Value of 2023 0 2015 2
Amount Year Total
2022 0 2014 3
(T & F Value) Exemption Exemption
2021 0 2013 6
$75,000 $1,140 $2,280
2020 2 2012 0
$100,000 $1,520 $3,040 2019 4 2011 3
$150,000 $2,280 $4,560 2018 0 2010 0
2017 3 2009 1
2016 1 2008 2
RECOMMENDATION:
I do not have a recommendation specific to what tax benefit to provide. The options
for the Commission are: 1) no longer permit the tax exemption by nullifying the existing
resolution; 2) leave the maximum benefit at $75,000 of T & F value; 3) increase the
maximum benefit to $150,000 of T & F value as has been proposed in this resolution; or,
4) set the maximum benefit at an alternate amount less than $150,000 of T & F value.
If the Commission wishes to continue to provide the exemption, it is my
recommendation to approve the resolution with the proposed changes to the
application deadline of not later than thirty days after completion of construction, and
the removal of the statement requiring annual review by the Commission.
RESOLUTION REGARDING RESIDENTIAL TAX EXEMPTION FOR CERTAIN NEW
SINGLE FAMILY DWELLING CONSTRUCTION
Be it hereby resolved by the Board of City Commissioners of the City of Devils Lake, North
Dakota:
WHEREAS, Section 57-02-08(35) (36) of the North Dakota Century Code provides authority for
municipalities to exempt certain new dwelling units of up to $75,000$150,000 of the true and full
value of all new single family residential property, exclusive of the land on which it is situated,
from taxation for the two (2) taxable years subsequent to the taxable year in which construction is
begun if all of certain enumerated conditions are met; and
WHEREAS, Said authority is to be implemented by resolution of the Board of City
Commissioners; and
WHEREAS, The City Commission has the authority to limit or impose conditions upon the
exemptions pursuant to State Law; and
WHEREAS, The exemption is being offered as an incentive for construction of residential property
in the City of Devils Lake.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners of the City of
Devils Lake that new single family residential property and new condominium and townhouse
residential property as defined in State Law providing the exemption shall be exempt from taxation
for two (2) taxable years subsequent to the taxable year in which the construction is begun
provided the following terms and conditions are met:
1. Special assessments and taxes on the property upon which the residence is situated are
not delinquent.
2. The first owner after the builder resides on the property, or the builder still owns the
property. For purposes of this subsection, "Builder" includes a person who builds that person's
own residence.
3. The exemption from taxation shall not apply to land, but only upon the single-family
residential building and the new condominium and townhouse residential building, up to
$75,000$150,000 of the true and full value of the new single family residential property or
condominium and townhouse residential property.
4. No exemption shall be granted by the City of Devils Lake until the person seeking the
residential tax exemption files an application for such exemption with the City Assessor's Office on
a form to be supplied by the City Assessor's Office, which form must be filed with the City
Assessor's Office not later than thirty (30) days after the commencement completion of
construction. Approval of all applications shall be acted upon by the Devils Lake City
Comrnission.
5. This resolution shall be effective January 16, 2024, and continue until rescinded or
amended by the Devils Lake City Commission. Further, said resolution shall be reviewed on
an annual basis by the Devils Lake City Commission.
Dated this 16th day of January, 2024.
DEVILS LAKE CITY COMMISSION
By: ______________________________
Jim Moe, President
ATTEST:
By: ______________________________
Spencer Halvorson, City Administrator
Guideline Property Tax
Exemption of Certain New Single Family,
Condominium, and Townhouse Residential Properties
North Dakota Century Code § 57-02-08(35)
April 2012
North Dakota Century Code (N.D.C.C.) § 57-02-08(35) provides a discretionary exemption for certain new
single family residential properties and condominium and townhouse properties from property taxes for the
first two taxable years after the taxable year in which construction is completed, the residence is owned and
occupied for the first time, and other conditions are met. Whether or not to offer the exemption is at the
discretion of the governing body.
Governing Body Must Pass Resolution
1. Before granting an exemption, the city governing body, for property located within a city, or the county
governinig body, for property outside city limits, must pass a resolution stating that the exemption will
be alllowed.
2. The maximum exemption allowed is $150,000 of true and full valuation of improvements only. Land is
taxable.
3. The value of improvements allowed by the resolution is exempt for a maximum of two years following
the year in which construction was completed and the residence is owned and occupied for the first time,
and other conditions are met.
4. The governing body may limit or impose conditions on the exemptions, including limitations on the
length of time during which an exemption is allowed.
5. The governing body need pass only one resolution to allow the exemption.
6. Once the governing body has passed the resolution, there can be no discretion on its part regarding who
shall receive the exemption if the requirements set out in the statute and the resolution are met.
7. The resolution may be rescinded or amended at any time.
Ownership Requirements
8. The property must be owned and occupied for the first time.
9. The property does not have to be occupied on the assessment date.
24865
G-13
North Dakota Office of State Tax Commissioner
600 E Boulevard Ave, Dept 127 701-328-3127 taxinfo@nd.gov
Bismarck ND 58505-0599 tax.nd.gov www.tax.nd.gov
Property Tax Exemption of Certain New Single Family, Condominium, Page 2
and Townhouse Residential Properties
Properties That Are Eligible
10. All new single family residential property on which construction is completed after passage of the
resolution is eligible when the residence is owned and occupied for the first time.
11. All new condominium and townhouse residential property on which construction is completed after
passage of the resolution is eligible when the residence is owned and occupied for the first time.
12. Duplexes that have separate legal descriptions and owners are to be considered townhouses.
13. Outbuildings and other improvements normally associated with residential living are included in the
exemption.
14. The residence must qualify for the exemption in order for outbuildings and other improvements to
qualify. For example, if a residence was completed in 2009 and a garage was built on the same descrip
tion after January 1, 2010, the garage would qualify because the residence qualified. The garage would
be exempt as long as the residence qualified for exemption.
15. Modular and other off-site-built residences are eligible for the exemption. Completion of an off-site-
built residence means the point in time at which the residence has been installed on the foundation and is
approved for occupancy.
Additional Conditions
16. General taxes and installments of special assessments on the property may not be delinquent.
17. If the current year’s tax has not been paid, either the assessor or the county auditor may file an
application for abatement pursuant to N.D.C.C. § 57-23-05.
19. If an abatement will result in a refund of a tax or compromise of a tax, the person claiming exemption
may file an application for abatement pursuant to N.D.C.C. ch. 57-23.
G-13A
Resolution Approving Preliminary Report
and Directing Preparation of Plans and Specifications for
Street Improvement District No 80-24
8 St NW, 9th St NW, 10th St NW, 11th St NW, etc
th
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 80-24, 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 16th day of January, 2024.
Attest: City of Devils Lake
_____________________________ ______________________________
Spencer Halvorson, City Administrator/Auditor Jim Moe, President of Commission
LIST OF BILLS FOR THE CITY OF DEVILS LAKE
16-Jan-24
VENDOR AMOUNT DUE
AIRPORT
Benson County Farmer's Press $84.50
Dennis Olson $500.00
Double Z Broadcasting $500.00
Gessner Iron Works $50.00
KLJ Engineering $2,185.90
Lakota American $71.50
MDU $1,117.90
Nodak Electric $1,802.93
NDTC $294.14
Reslock Printing $240.00
Scott Cruse $900.00
CITY
Ag Spray Equipment $552.59
Altru Health System $95.00
Amazon $660.67
American Library Association $223.00
Anthony Falcon $25.00
Apex Equipment $5,241.65
Aramark $859.16
Armen & Connie Hanson $3,044.40
At-Scene LLC $8,030.00
AT & T $501.25
Baker & Taylor $448.16
Benjamin Hill $25.00
Bergstrom Electric $90.00
Butler Machinery $156.91
Capital One-Walmart $239.64
Caselle $1,464.00
LIST OF BILLS FOR THE CITY OF DEVILS LAKE
16-Jan-24
VENDOR AMOUNT DUE
Capital One Trade Credit-Northern Tool $39.99
Central Business Systems $81.00
Champion Media $2,690.59
CNH Industrial Retail Accounts-Titan Machinery $2,234.42
Corporate Payment Systems-Bremer Credit Card $14,394.81
Corporate Technologies $1,500.00
Cowboy's Towing $150.00
Dakota Wash Master $535.00
Dakota Implement $1,167.49
Decorated Wearables $851.60
Depot Stor-All $468.00
DL Park Board $250,000.00
Dominic D. Baker $25.00
Farmer's Union $18,509.47
Ferguson Waterworks $1,603.94
GF Fraternal Order of Police $180.00
GF Utility Billing $20,063.76
Guy Callendar $480.00
HE Everson $187.75
HACH $128.00
Hawkins $60.00
Home of Economy $1,111.03
IceBerg Art $50.00
Information Technology $322.60
Interstate Billing $4,236.25
Intelliplanz $3,436.00
JB Vending $317.97
Job Service of ND $37.44
Johnson Controls $4,988.70
Just Get It Done $228.00
Keller's Briteway $111.00
LIST OF BILLS FOR THE CITY OF DEVILS LAKE
16-Jan-24
VENDOR AMOUNT DUE
Kemper Construction $16,111.68
L-Tron Corporation $814.06
Lake Chevy buick GMC $373.50
Lake Region Corporation $8,244.00
Lake Region Electric $47.88
Lake Region Heritage Center $9,639.50
Lake Region E-911 Authority $66,415.25
Lake region Law Enforcement Center $45,561.79
Lake Region Public Library Foundation $617.89
Lake Region Sheet Metal $1,087.07
Larry Weed $4,253.28
Leevers $83.57
Lexipol LLC $3,399.15
Lynn Peavey Company $284.13
Matthew Bender & Co. $81.60
Michael Grafsgaard $77.00
Midstates Wireless $2,420.00
Minnie H Express Carwash $239.92
MDU $2,756.47
ND One Call $28.05
Nelson International $897.37
ND Horizons $28.00
ND Fraternal Order of Police-State Lodge $1,215.00
NDTC $1,663.12
Northstar Auto $117.00
NSC Minerals $3,000.00
O'Reilly's Automotive $183.72
Ottertail Power 889.4
Pomp's Tire Service $350.96
Quill $49.17
Reslock Printing $134.27
LIST OF BILLS FOR THE CITY OF DEVILS LAKE
16-Jan-24
VENDOR AMOUNT DUE
Sanitation Products $159.06
Senior Meals & Services $54.00
Service Tire $887.51
Sign Solutions $212.92
Stone's Mobile $164.07
Sylane Inc. $6,872.20
Tailyr Vondal $25.00
The Needle's Eye $26.00
Toshiba $17.70
Total Heating & Air $554.10
Track, Inc. $913.08
Ultimate Safety Concepts $111.25
Usable Life $596.84
Water Smith $16,003.00
Xpress Bill Pay $381.32
Yunker Law Firm $8,333.33
TOTAL LIST OF BILLS $565,968.29
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