City Commission

Monday, February 5, 2024 5:30PM CST Devils Lake Jobs Development Authority Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Meeting Items 1) Growth Fund Financial Update 2) 20X20 Program & Business Training Program Overview 3) RWIP Program Update 4) Ramsey County Fair Board – Event Center Project 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 16, 2024 Awards and Proclamations 1) N/A Public Hearings – 5:30 PM 1) Petition to Suspend Liquor License – Nellies Bar and Lounge, Inc. Bid Openings – 5:30 PM 1) 2024 Pickup Visitors or Delegations *Limited to five minutes per guest, unless extended by presiding officer 1) Devils Lake Chamber and Tourism – Christmas Tree Commission Portfolios 1) N/A Old Business 1) N/A Consent Agenda 1) N/A New Business 1) Police Chief Amended Resignation & Appointment of Interim Police Chief 2) Designation of Polling Location for June 2024 City Election – Memorial Building 3) Airport Apron/Taxiway Project – City of Devils Lake Contribution 4) 2024 Residence Revitalization Program with Gate City Bank Page 1 of 2  5) Resolution Determining Insufficient Protests were Filed in St Imp District #79-24 – 17th St SE, 16th St SE, 8th Ave SE, 10th Ave SE 6) Pay Estimate #11 – City Project 220201 Water Main Replacement 27-22 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 2 of 2  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  CALL FOR PROPOSALS Proposals will be received by the Board of City Commissioners until 5:00 pm, February 5, 2024 for “Proposal for New Pickup.” Proposals will be opened and publicly read in the City Commissioner’s room in the City Offices, 423 6th St NE, Devils Lake, ND, at 5:30 pm, February 5, 2024. Proposal includes direct purchase of a current model pickup. Proposal information may be obtained from the office of the City Engineer, 423 6th St NE, Devils Lake, ND. 701-662-7600, ext 2. The Board of City Commissioners reserve the right to reject any or all proposals, to waive technicalities, or to award the proposal that is deemed in the best interest of the City. Each proposal must be labeled on the outside of the envelope with the following: 1. Name of the person/firm submitting proposal. 2. Must be marked “Proposal for New Pickup.” Dated at my office this January 16, 2024. Spencer Halvorson City Administrator/Auditor For legals: 1-25-24, 2-1-24  STAFF REPORT City Commission – February 5, 2024 Agenda Item: Appointment of Interim Police Chief Submitted By: Spencer Halvorson, City Administrator/Auditor Staff Recommended Action: Appoint Captain Jason Toso as Interim Police Chief upon the resignation of current Police Chief Joe Knowski, to include an additional $1,250 per month for the additional responsibility. Police Chief Joe Knowski has advanced the timeline of his intended resignation from May 1, 2024 to February 23, 2024. The City released and posted the opening for the Police Chief position on Friday, February 2nd with a closing date of Friday, February 23rd. It will be necessary to appoint an Interim Police Chief upon the resignation of the current Chief. It is recommended that the City Commission appoint Police Captain Jason Toso to fill the position until a new chief is officially employed. It is standard practice that employees filling interim supervisory roles receive a pay adjustment to accommodate the additional responsibilities. It is recommended that an additional $1,250 per month in pay be remitted to Captain Toso for the time period serving as Interim Police Chief.  City of Devils Lake 423 6th St NE PO Box 1048 Devils Lake, ND 58301 www.dvlnd.com RESOLUTION DESINGATING POLLING LOCATION FOR JUNE 2024 CITY ELECTION WHEREAS, by North Dakota Century Code 40-21-03.1, it is necessary for the governing body of the City to designate the polling location for the election of City officials to be held on June 11, 2024 WHEREAS, the City of Devils Lake partners with Ramsey County in the administration of such election. WHEREAS, Ramsey County officials intend to hold the June 11, 2024 election at the Memorial Building with an address of 508 4th Ave NE, Devils Lake, ND 58301 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: I. That pursuant to Chapter 40-21-03.1 of the North Dakota Century Code, the Devils Lake City Commission designates the Memorial Building, with an address of 508 4th Ave NE, Devils Lake, ND 58301, as the polling location for the election of municipal officials for June 11, 2024. Adopted this 5th day of February, 2024. ATTEST: CITY OF DEVILS LAKE ________________________ _______________________ Spencer Halvorson Jim Moe, President City Administrator/Auditor Devils Lake City Commission The motion for the adoption of the foregoing resolution was duly made by Commissioner __________________, seconded by Commissioner __________________ and upon vote being taken thereon, the following voted in favor: Commissioners ____________________________________________, the following voted against the same:  City of Devils Lake 423 6th St NE PO Box 1048 Devils Lake, ND 58301 www.dvlnd.com _______________________________________, and the following were absent: ____________________________; whereupon said resolution was declared duly passed and was signed by the President of the City Commission and by the City Auditor.  STAFF REPORT City Commission – January 31, 2024 Agenda Item: 2024 Residence Revitalization Program with Gate City Bank Submitted By: Rob Johnson, City Assessor Staff Recommended Action: Acknowledge Gate City Bank’s offer to provide low interest rate financing for home improvement projects and authorize the Building and Assessing department to roll out the 2024 Devils Lake Residence Revitalization program. A team from Gate City Bank approached us in November of 2023 about possibly partnering to provide reduced interest rates for certain residential remodeling construction projects. The opportunity was presented to the commission with the consensus of moving forward in working with Gate City Bank to create a program for Devils Lake. We developed a working group that consisted of Commissioner Hach, Helen, Dustin, and me (Rob J). Gate City has partnered with many cities across North Dakota and Minnesota to provide this program, including Fargo, West Fargo, Wahpeton, Grand Forks, East Grand Forks, Williston, Mandan, and Jamestown. Using input from the Gate City Bank team and from researching similar programs in the other cities, we came up with our project guidelines/requirements. Property Eligibility Requirements: • Located within the City of Devils Lake municipal boundaries • Owner-occupied one- or two-family residence • Zone for residential use • Outside the 100-year floodplain • Market Value of property to be $250,000 or less • Current on property taxes and special assessments Project Requirements (at least one of the below): • Foundation work (drain tile, bracing, drainage corrections, etc.) • Replacement or renovation of siding, exterior painting, roofing, windows, or other major exterior upgrades • Construction of bedroom, new living space or garage  • Major interior remodeling (i.e. kitchen remodel, bathroom remodel) • Replacement of major mechanical systems (furnace, electrical system, plumbing) • Landscaping, porch or deck addition or updates. Projects that require a variance are not eligible for this program. Also, if a property has code violations, the correction of those violations must be addressed prior to or as a part of the project to be eligible for the reduced interest rate program. Gate City Bank has advised us that they have allocated $1 million for reduced interest rate loans for qualifying projects for 2024. The approved rates are: • 10-year loan: 4.99% APR • 15-year loan: 5.24% APR Loans will be available for projects ranging from $10,000 to $100,000. The first payment is due within 9 months of the closing date of the loan. The application window will open March 18th and the program will run through October 31, 2024. Applications will be filed with the City Building and Assessing department to ensure that projects meet our requirements. Once approved, the application will be forwarded to Gate City Bank for their review and approval provided the applicant meets their requirements. I want to clearly state that there is no agreement with Gate City Bank in offering this program, nor is there any exclusivity in offering this program through Gate City Bank. This is simply a mutually beneficial partnership. If any other financial institutions are interested in partnering with the City to provide reduced interest rates for qualifying projects, we would be more than happy to work with them in the development and implementation of such a program. I think it important to thank Gate City Bank for reaching out to the City of Devils Lake about this program. I want to specifically thank Jeana Marshall, Heidi Becker and Becky Mindeman for being easy to work with in creating our guidelines and developing an application. RECOMMENDATION: It is my recommendation that the Commission formally acknowledge Gate City Bank’s offer to provide low interest rate financing for home improvement projects and authorize the Building and Assessing department to roll out the 2024 Devils Lake Residence Revitalization program.  Resolution Determining Insufficient Protests Were Filed in Street Improvement District No 79-24 17 St SE, 16th St SE, 8th Ave SE, 10th Ave SE th WHEREAS, the City Auditor presented an affidavit showing publication in the official newspaper of the City of the Resolution of Necessity heretofore adopted for the improvement proposed to be made in Street Improvement District 79-24 as directed by the provisions of said Resolution which affidavit was examined, found to be satisfactory and ordered to be placed on file. WHEREAS, the City Auditor reported that no less than 30 days having expired since the first publication of said Resolution, there were property owners liable to be specially assessed for said improvement who filed protests against the making thereof in the office of said City Auditor within the said 30 day period as provided by law but that the protests were insufficient to bar proceeding with the improvements. BE IT RESOLVED by the Board of City Commissioners of the City of Devils Lake, North Dakota, as follows: 1. Said City Commission has heretofore by Resolution determined and declared it necessary to construct an improvement in Street Improvement District 79-24 of the City of Devils Lake, improving roadways through asphalt and miscellaneous items, in connection with the above specified improvements and that said Resolution has been duly published as required by law, and that not less than 30 days have expired since the first publication thereof. 2. The opportunity having been afforded as provided by law for the property owners liable to be specially assessed for said improvement to file protests against the making thereof, and this Commission having duly met to consider all protests so filed, and being fully advised in the premises, it is hereby determined that insufficient protests were filed within the time and manner provided by law against the making of said improvement. 3. The Commission and this City are authorized to proceed with the construction of the same and to pay a portion of the cost thereof by the levy of special assessments. Voting aye were Commissioners _________________________________________________________ Voting nay were Commissioners _________________________________________________________ Absent and not voting were Commissioners _______________________________________________ Dated this 5th day of February, 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 5-Feb-24 VENDOR AMOUNT DUE AIRPORT Airside Solutions $745.32 Bergstrom Electric $69,335.10 Capital One Trade Credit-Mac's $63.26 Dakota Implement-NAPA $59.98 Gleason Construction $513,900.00 Klemetsrud Plumbing $86,400.00 Lakota American $71.50 Mead & Hunt $65,442.42 Midcontinent $326.00 Newby's Ace Hardware $35.96 North Dakota Aviation Association $980.00 Powerplan BF-RDO Equipment $1,894.45 Scott Cruse $75.00 Sparklight Advertising $3,331.00 CITY Ag Spray Equipment $352.97 Amazon Capital Services $3,853.07 Apex Equipment $2,580.00 At & T $2,051.89 Bergstrom Electric $659.20 Bismarck Hotel & Conference Center $192.60 Buchli, Britsch & Svidal $722.50 Capital One-Walmart $509.70 Capital One Trade Credit-Mac's $2,233.74 Caselle $4,625.00 Corporate Technologies $3,935.00 Dakota Implement $4,725.22  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 5-Feb-24 VENDOR AMOUNT DUE David Rader $1,266.90 Decorated Wearables $137.44 DL Chamber of Commerce/Tourism $31,476.83 DL Park Board $28,041.36 DL Volunteer Fire Dept $4,025.00 Ecolab $215.22 Enviromental Resource Associates $372.84 Exhaust Pros $223.85 Forks Freightliner $120.17 Galls $654.60 Gessner Ironworks $1,288.78 Gerrells $403.99 Glen Kirk $375.00 HACH $739.08 Hawkins $8,486.84 Interstate Power Systems $7,914.03 Interstate Towing $8,382.95 James Moe $226.46 Jayson Ducauime $68.00 JB Vending $70.92 John Deere Financial $6,000.00 Keller's Briteway $22.00 Kemper Construction $44,875.08 Klemetsrud Plumbing $120.00 Knutson's Body Shop $2,470.52 Lakeside Surveillance Lock & Key $25.50 Mid-Land Excavating $2,900.00 Newby's Ace Hardware $215.63 Nodak Electric $9,847.58 Northland Securities $2,000.00 Northstar Auto $58.00  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 5-Feb-24 VENDOR AMOUNT DUE ND Dept of Enviromental Quality $50.00 ND Dept of Health-Microbiology $400.00 ND Dept of Transportation $2,989.06 ND Economic Assistance Program $228.18 NDTC $262.92 Ottertail Power Co. $22,190.56 Powerplan OIB-Rdo Equipment $1,044.94 PS Doors $642.44 Quill $397.70 Reslock Printing $336.97 Sanitation Products $20,589.43 Scott Bachmeier $68.00 Service Tire $1,838.48 Softchoice Corp $2,332.08 Stan Dockter $1,702.89 State of ND Chemistry Lab $37.08 Sue Schwab $75.00 Tanya Weiler $1,000.00 Track Inc $1,444.28 TSC $786.43 Usable Life $1,285.08 Xtreme Signs & Graphix $605.00 TOTAL LIST OF BILLS $992,431.97