City Commission

City Commission Meeting Agenda Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Tuesday, February 20, 2024 Meeting Items 1) Call to Order 2) Pledge of Allegiance 3) Approval of Minutes – February 5, 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) Devils Lake Rodeo Club Commission Portfolios 1) N/A Old Business 1) National Opioid Settlement Agreement – Acceptance of Releases Consent Agenda 1) N/A New Business 1) Approval of Floodplain Easement – Fuhrer 2) Approval of Floodplain Easement – Howatt 3) Approval of Public Ways Equipment 4) Approval of Agreement for NDTC Crossing – Flood Protection 5) Resolution Declaring the Necessity of an Improvement for St Imp District #80-24 – 8th St NW, 9th St NW, 10th St NW, 11th St NW, etc 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 February 5, 2024 The regular meeting of the Devils Lake City Commission was held on February 5, 2024 with the following members present: President Moe, Jason Pierce, Dale Robbins, Shane Hamre and Rob Hach. Commissioner Hach moved to approve the minutes of the regular Commission meeting held on January16, 2024. The motion was seconded by Commissioner Robbins, and the motion carried unanimously. Public Hearing – Petition to Suspend Liquor License – Nellies Bar and Lounge, Inc – The City Attorney communicated that there is a petition to suspend the liquor license for Nellies Bar, which falls under municipal code section 05.24.130. There are two separate violations – one occurring November 3rd, 2023 and the other occurring December 22, 2023. The petition requests a suspension of the liquor license for the time to be determined by the City Commission. The petition for the suspension of the liquor license has been properly served. President Moe swore in officer Darin Rixen and the City Attorney questioned him regarding the liquor license violation. Officer Rixen explained what happened and why he issued reports to the Chief of Police. President Moe swore in Peter Owlboy Jr, who was the bartender to each incident. He communicated that he was not trying to keep the individuals in the bar, but he will do a better job at getting them out of the bar at the proper time. The City Attorney communicated that there are other incidents that are involved at Nellies Bar, but they are not subject to the suspension of their liquor license. Chief Knowski communicated that he thinks doing a one-day suspension, such as a Monday, would be his recommendation for suspension. Commissioner Hamre communicated that he would prefer a Tuesday, as Monday night is pool night and Wednesday/Thursday are dart nights. Commissioner Hamre made a motion to suspend Nellies Liquor License on a Tuesday. Commissioner Robbins seconded the motion, and the motion carried unanimously. Bid Opening – 2024 Pickup – The City Administrator communicated that he received four (4) different bids. Devils Lake Ford came in at $43,810. Devils Lake GM Auto Center came in at $43,700. Devils Lake Chrysler, Dodge, Jeep & Ram came in at $44,034. Bessette Motors came in at $44,600. The referred the bids to the City Engineer for review. Commissioner Robbins made a motion to refer the bids the Engineering department for review and consideration. Commissioner Pierce seconded the motion, and the motion carried unanimously. Devils Lake Chamber/Tourism – Christmas Tree – Allyson Smitten, the Event Coordinator at the Chamber, communicated that this last year they let go of the Let It Glow competition, as they have had to beg people to participate. She communicated that the Christmas Tree would be in Bridgestone Park, in which the Mayor would light. During the day, they would have a hot cocoa crawl with mugs and business open houses. They would have the potential to have Santa there and partnering with the Library to do a reading with Santa. They are looking at a 22-foot Christmas tree. This tree is $22,480 before tax, currently on sale which would bring it to $15,258.75. The lifetime of the tree is a decade or more. They are looking for the City Commission to help with the purchase of the park, set up the tree, store the tree, use Bridgestone Park, have surveillance cameras around the area, and for the mayor to be available to light the tree. She mentioned that they are looking for around $5,000. Commissioner Pierce made a motion to approve the use of Bridgestone Park and closing the parking lot the day of and giving $7,000 to them. Commissioner Hamre seconded the motion. The motion carried unanimously on a roll call vote. Commissioner Hach – The Assistant City Engineer communicated that there is not an update sanitation Department. The City Assessor communicated that he has had 175 applications and 71 of them are first time applications for the Homestead Tax Credit for 2023. He mentioned that he has also received quite a few so far for 2024. He communicated that if someone is applying for the disabled tax credit, they are also eligible for the homestead tax credit to take care of anything that may be left over. Commissioner Hamre - The Assistant City Engineer communicated that there is not an update for the Utility Department. Commissioner Robbins – The Assistant City Engineer communicated that there is not an update for the Street Department. The Assistant Engineer recommended the 2024 Pickup bid to Devils Lake GM Auto Center. Commissioner Robbins made a motion to approve the recommendation in the amount of $43,700. Commissioner Pierce seconded the motion. The motion carried unanimously on a roll call vote. Commissioner Pierce – The Fire Chief communicated that they had a successful fishing derby. They had about 4,021 people out ice fishing. He thanked the City and County entities that helped with the derby. The Police Chief communicated that there is not an update for the Police Department. The City Administrator communicated that there is not an update for the Auditing department. The City Attorney communicated that he did not have an update. Police Chief Amended Resignation & Appointment of Interim Police Chief – The Police Chief, Joe Knowski, has advanced the timeline of his intended resignation from May 1, 2024 for February 23, 2024. Commissioner Hach made a motion to accept his resignation. Commissioner Pierce seconded the motion, and the motion carried unanimously. The City Administrator communicated that the recommendation is to appoint Captain Toso as interim Chief Police for the time period, with an additional $1,250 per month to his salary. Commissioner Hach made a motion to approve the recommendation. Commissioner Pierce seconded the motion. The motion carried unanimously on a roll call vote. Designation of Polling Location for June 2024 Election – Memorial Building – The City Administrator communicated that we do this in partners with the County. Commissioner Robbins made a motion to approve polling location. Commissioner Pierce seconded the motion, and the motion carried unanimously. Airport Apron/Taxiway Project – City of Devils Lake Contribution – The City Administrator communicated that the City had used some of their prairie dog money to help offset the costs for airport projects. The airport had requested the City to pay our part at the time (50%), in which they received $922,369.02 from the Aeronautics Commission. This will not exceed the amount that was already committed to the airport. Commissioner Pierce made a motion to approve the payment of $922,369.02. Commissioner Hach seconded the motion. Commissioner Hamre abstained himself. The motion carried unanimously on a roll call vote. 2024 Residence Revitalization Program with Gate City Bank – The City Assessor communicated what he has been working on with Gate City Bank since December. Gate City Bank has obligated $1,000,000 for reduced interest rate loans for qualifying projects in 2024. Loans will be available for projects ranging from $10,000 to $100,000. The recommendation is 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. Commissioner Pierce made a motion to approve the 2024 residence revitalization program with Gate City Bank. Commissioner Hamre seconded the motion, and the motion carried unanimously. Resolution Determining Insufficient Protests were Filed in St Imp District #79-24 – The Assistant City Engineer communicated that we received no protest for this project. Pay Estimate #11 – City Project 220201 Water Main Replacement 27-22 - The Assistant City Engineer communicated that this pay estimate is for $44,875.08 and will be paid to Kemper Construction. Commissioner Robbins made a motion to pay this pay estimate. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Commissioner Hamre moved to approve the list of bills as submitted. The motion was seconded by Commissioner Pierce. The motion carried unanimously on a roll call vote. SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION  AGREEMENT TO PURCHASE EASEMENT THIS AGREEMENT is made and entered into this ___ day of February, 2024, by and between the City of Devils Lake, a municipal corporation, which has an address of 423 - 6th St. NE, P.O. Box 1048, Devils Lake, ND 58301-1048, party of the first part, referred to here in as “the City,” and Barbara J Fuhrer (Life Estate), who has an address of 1822 Quiet Acres, Devils Lake, ND 58301, party of the second part, referred to herein as “Landowner.” WITNESSETH: WHEREAS, Landowner does own certain real property in Ramsey County, which property is described as follows, to-wit: Outlot 05-0128 in Section 16, Township 153N, Range 64W, Ramsey County, North Dakota WHEREAS, the City is required to obtain a floodplain easement on a portion of the above described property for the purpose of water storage during heavy precipitation and snowmelt events. The easement required by the City is identified as Attachment A of this agreement; and WHEREAS, the City had an agreement with the previous owner of the property that included Outlot 05-0128. Said agreement included language that stated a floodplain easement on a portion of the property would be required. The elevation, extent and location of the floodplain easement has since been identified and is shown in Attachment A of this agreement; and WHEREAS, the floodplain easement will prohibit certain uses of the property within the easement, including placement of fill and construction of buildings without approval from the City and the Corps. WHEREAS, the parties wish to memorialize the agreement they have made to allow the City to acquire the necessary property required for the flood protection and have access for completing such work, which agreement is subject to the terms and provisions set forth as follows: NOW, THEREFORE, based upon the mutual covenants and agreements which the parties acknowledge as sufficient, it is hereby agreed by and between the parties as follows: 1. Landowner agrees to deliver to the City at closing a Permanent Easement conveying a flowage easement for the property, free and clear form all liens and encumbrances, subject only to existing easements for public roads, public utilities, railroads, and pipelines, and containing only the following exceptions: none. Easement covers 0.33 acres within Outlot 05-0128. A copy of easement is attached to this agreement as Attachment B. 2. The City agrees to pay to the Landowner at closing the sum of $4,800. 1  3. The City will schedule a closing within 30 days after acceptance of this Agreement, and after approval of Landowner’s title. Landowner agrees to obtain and record any curative evidence of title as may be required by the City. The City will prepare and record the permanent easement at its expense. 4. Landowner agrees to satisfy of record, at or before closing, all encumbrances and special assessments which are lien against the land. If Landowner fails to do so, the City may pay any taxes, assessments, and encumbrances that are a lien against the land and deduct such amount from the purchase price. 5. Seller represents, and it is a condition of acceptance of this offer, that no Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to or share any part of this Agreement, or to any benefits that may arise therefrom; however, this provision shall not extend to any agreement with a corporation for its general benefit. 6. This agreement is binding upon the parties, their heirs, successors and assigns. 7. This agreement constitutes the entire agreement made and entered into between the parties, and any term or provision not included in this agreement is a term or provision which has not been agreed to between the parties. 8. Time is of the essence in the performance of each and every term and provision of this agreement. 9. This agreement may be amended only by a written agreement made and entered into between these parties. Dated the day and year first above written. 2  CITY OF DEVILS LAKE, Party of the First Part By: ___________________________________ Jim Moe, President Devils Lake City Commission ATTESTED TO: By: ___________________________________ Spencer Halvorson City Administrator/Auditor STATE OF NORTH DAKOTA ) )ss COUNTY OF RAMSEY ) On this ____________ day of _____________________, 2024, before me, a notary public within and for the said county and state, personally appeared Jim Moe and Spencer Halvorson, respectively, known to me to be the President of the Devils Lake City Commission and the Devils Lake City Administrator/Auditor, and who executed the above and foregoing instrument on behalf of the City of Devils Lake, and who acknowledged to me that they executed the same in the capacity set forth herein. _______________________________________ Notary Public Ramsey County, North Dakota My Commission Expires:____________________ 3  Barbara J Fuhrer, Party of the Second Part ______________________________________ Barbara J Fuhrer, Landowner STATE OF NORTH DAKOTA ) )ss COUNTY OF RAMSEY ) On this ____________ day of _____________________, 2024, before me, a notary public within and for the said county and state, personally appeared Barbara Fuhrer, known to me to be the persons who are described in and who executed the above and foregoing instrument, and who acknowledged to me that they executed the same. _______________________________________ Notary Public Ramsey County, North Dakota My Commission Expires:____________________ 4  Resolution Declaring the Necessity of an Improvement 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. It is hereby found, determined and declared that it is necessary for the City of Devils Lake to perform street improvements and other items incidental thereto in connection therewith and for said district. 2. The work will consist of furnishing all labor and materials and performing all work for improving roadways through asphalt overlay in accordance with and more fully described in the Plans and Specifications for said project. An estimate of cost for said improvement, approved by the City Commission, is on file and open to public inspection in the Office of the City Engineer. 3. The cost of said project shall be paid in part by the levy and collection of special assessments upon properties within said district in amounts in proportion to and not exceeding the said improvement in accordance with the provisions of Title 40 of the North Dakota Century Code as amended. 4. The City Auditor is authorized and directed to cause this resolution to be published as required by law. 5. Written protests may be filed with the City Auditor within 30 days after the first publication of this resolution by owners of property liable to be special assessed for such improvement and this Commission shall meet at the office of the City Auditor in the City Hall in said City, to hear and determine the sufficiency of any written protests so filed. 6. 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. Voting aye were Commissioners ________________________________________________________________ Voting nay were Commissioners ________________________________________________________________ Absent and not voting were Commissioners ________________________________________________________ Dated this 20th 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 20-Feb-24 VENDOR AMOUNT DUE AIRPORT Agriteer $593.00 Benson County Farmer's Press $84.50 Capital One-Walmart $15.54 Dennis Olson $250.00 Double Z Broadcasting $500.00 Home of Economy $47.98 Leevers $135.88 Mead & Hunt $40,706.03 MDU $1,798.80 Nodak Electric $1,963.51 NDTC $288.82 Sparklight Advertising $880.00 CITY Amazon Capital Services $341.57 Aramark $933.28 Baker & Taylor $1,331.53 Barbara Fuhrer $4,800.00 Bank of North Dakota $16,375.00 Bert's Truck Equipment $8,912.59 Bibliotheca $575.00 Bismarck Hotel & Conference Center $99.00 Black Mountain Software $6,740.00 Blackstone Publishing $73.55 Butler Machinery $982.07 Caselle $1,464.00 Central Business Systems $191.82 Center Point Large Print $589.68  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 20-Feb-24 VENDOR AMOUNT DUE Champion Media $877.14 CNH Industrial Accounts-High Plains Equipment $862.39 Corporate Payment Systems $6,510.10 Corporate Technologies $16,279.52 Decorated Wearables $109.21 Devils Lake Journals-Subscriptions $116.00 Domain Networks $289.00 Exhaust Pros $137.00 Farmer's Union Oil $18,847.47 Ferguson Waterworks $9,909.78 Galls $135.98 General Traffic Controls $2,605.00 Gerrells & CO. $460.00 Grainger $601.54 GF Herald-Subscription $310.69 GF Utility Billing $21,015.82 Guy Callender $540.00 HE Everson $324.36 Harold's Auto Marine & Electric Motor $410.00 Home of Economy $1,327.40 Ihry Insurance $39.00 Information Technology $322.60 Interstate Billing Service $486.15 JB Vending $8.50 Jones Law Office $3,300.00 John Deere Financial $184.78 Keller's Briteway $107.00 Klemetsrud Plumbing $91.11 KLJ Engineering $69,531.62 Lake Chevrolet Buick GMC $8,294.28 Lake Region Corporation $8,492.28  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 20-Feb-24 VENDOR AMOUNT DUE Lake Region Law Enforcement Center $10,913.74 Larson Welding & Machine $1,627.75 LEAF $798.78 Leevers $7.64 Minnie H Express Car Wash $239.92 MDU $4,899.34 Motorola $324.00 ND Building Officials Association $265.00 ND Dept of Enviromental Quality $300.00 ND Dept of Helath-Microbiology $350.00 Nodak Electric $11,728.99 ND One Call $29.95 NDTC $2,521.59 NDACo Resources Group, Inc. $26,804.16 O'Reilly's Automotive $249.46 Office Depot $186.88 Ottertail Power $981.57 Petty Cash $170.95 Pomp's Tire Service $72.00 Quill $215.95 Ramsey County Highway Dept $217.50 Robert Johnson $124.70 Sandberg Tech of ND $112.00 Sanitation Products $14,373.02 Smart Apple Media $316.56 Springshare, LLC $999.00 Stone's Mobile Radio $62.50 The Forum-Subscription $253.80 The Glass Shop $190.00 The Needle's Eye 36 Total Heating & Air $15,750.00  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 20-Feb-24 VENDOR AMOUNT DUE US Postmaster $3,600.00 Xpress Bill Py $436.79 Yunker Law Fim $8,333.33 TOTAL LIST OF BILLS $370,691.74