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City Commission

Regular Meeting

Devils Lake, ND · April 1, 2024

AgendaMinutes

Minutes

Minutes of the Devils Lake City Commission April 01, 2024 The regular meeting of the Devils Lake City Commission was held on April 01, 2024 with the following members present: President Moe, Dale Robbins, Jason Pierce, Shane Hamre and Rob Hach. Commissioner Pierce moved to approve the minutes of the regular Commission meeting held on March 18, 2024. The motion was seconded by Commissioner Hamre, and the motion carried unanimously. Devils Lake Planning Commission – Change in Zoning – The Devils Lake Planning Commission took action at their March 28, 2024 meeting to recommend a change in zoning for the following areas: highway commercial to neighborhood commercial for an area west of College Dr between Walnut St & 4th St NW, a table change in zoning from highway commercial to neighborhood commercial for an area on each side of 5th Ave SE between 4th St & 8th St, a change in zoning from light industrial to neighborhood commercial for an area located east of an adjoining SmileQuest Dental on 5th Ave SE, and a change in zoning from manufactured housing to residential low density for an area located at the east end of 16th St SE. Commissioner Robbins made a motion to approve the recommendation. Commissioner Hamre seconded the motion, and the motion carried unanimously on a roll call vote. Lake Region Heritage Center – Lisa Crosby gave an update on what is going on at the Hertiage Center along with the Arts Center. She mentioned the events that they have going on at each location. She also mentioned that they had a local photographer’s artwork displayed at the Arts Center and a few pieces were sold, so they received commission on those. The City Administrator recommended a release of quarter 2 funds to the Lake Region Hertiage Center. Commissioner Pierce made a motion to approve the release of funds for quarter 2. Commissioner Robbins seconded the motion. The motion carried unanimously on a roll call vote. Devils Lake Chamber & Tourism – Suzie Kenner gave an update on both Tourism and the Chamber. She went through the last year for Tourism and gave an update on how it all went. For the Chamber, she communicated the dates for the events that they will be having this spring/summer/fall. She also mentioned that she will be full staffed again starting in July. The City Administrator recommended a release of quarter 1 & 2 funds to the Devils Lake Chamber. Commissioner Hamre made a motion to approve the recommendation. Commissioner Pierce seconded the motion. The motion carried unanimously on a roll call vote. Commissioner Hach – The City Engineer communicated that garbage pickup is still in the streets and will be until further notice. The City Assessor communicated that the board of equalization meeting will be held on Monday, April 15th at 5pm in the Commissioner Chambers. Commissioner Hamre - The City Engineering communicated that the Utility Department is still working on the lead service line inventory. He mentioned that the homeowner can either complete this themselves or call the City Office and someone can swing by and complete it for the homeowner. Commissioner Robbins – The City Engineer communicated that the Street Department is going to start working on street sweeping, crack sealing, and filling potholes. He also mentioned that the Engineering Department has 7.5 million dollars’ worth of projects going on this year. Commissioner Pierce – The Fire Chief communicated that there are two people who will be traveling out of state. He also mentioned that they will be having regional training and structural collapse training coming up. The Interim Police Chief communicated that they had another new hire start and he will be attending the academy. The City Administrator communicated that we got our bond rating from Moody’s and it was confirmed to be an 8.2. LEC Joint Powers Agreement – The City Administrator communicated that the questions from the previous meeting have been answered and he recommends approval of the agreement. Commissioner Pierce cleared up the questions from the previous meeting and mentioned that he spoke to the City Attorney who also recommends approving the agreement how it is. Commissioner Pierce made a motion to approve the LEC Joint Powers Agreement. Commissioner Hamre seconded the motion, and the motion carried unanimously. Approval of Agreement for Aerial Mosquito Spraying – The City Engineer communicated that this agreement is for preparation for the summer season and that the agreement has to be signed and sent in by April 20th. VDCI will provide aerial mosquito control at a fee of $3.10 per acre. In 2023, they sprayed an area of 2,900 acres. The total application cost for 2024 is estimated to be $9,440.00 for each application. Commissioner Robbins made a motion to approve the agreement for aerial mosquito spraying. Commissioner Pierce seconded the motion, and the motion carried unanimously. Approval of 2024 County Blading Agreement – The City Engineer communicated that Ramsey County will blade for a sum amount of $6,547.20. This contract will run from April 1st of the year of the contract is entered into, until October 31st of the same year. Commissioner Pierce made a motion to approve the 2024 County Blading Agreement. Commissioner Hach seconded the motion, and the motion carried unanimously. St Improvement #79-24 Insufficient Protest – 17th St SE, 16th St SE, 8th Ave SE, 10th Ave SE – The City Engineer recommended approval of the resolution. Commissioner Hamre made a motion to approve the resolution. Commissioner Hach seconded the motion, and the motion carried unanimously. St Improvement #79-24 Approve Plans – 17th St SE, 16th St SE, 8th Ave SE, 10th Ave SE – Commissioner Robbins made a motion to approve the resolution to approve plans for St Improvement #79-24. Commissioner Pierce seconded the motion, and the motion carried unanimously. St Improvement #80-24 Insufficient Protest – 8th St NW, 9th ST NW, 10th St NW, 11th St NW, Etc – The City Engineer recommended approval of the resolution. Commissioner Robbins made a motion to approve the resolution. Commissioner Pierce seconded the motion, and the motion carried unanimously. St Improvement #80-24 Approve Plans – 8th St NW, 9th ST NW, 10th St NW, 11th St NW, Etc – Commissioner Robbins made a motion to approve the resolution to approve plans for St Improvement #80-24. Commissioner Pierce seconded the motion, and the motion carried unanimously. City Attorney Contract Discussion and Direction – President Moe communicated that the current city attorney has submitted his resignation effective April 30th, 2024. The City Administrator communicated that he had a conversation with the city attorney on Wednesday and he felt that it was a very good conversation. There is a request for qualifications for City Attorney services that will be advertised April 18th, 2024. Discussion continued on the topic. It was communicated that the current City Attorney may remain the City Attorney while we are advertising for a new one. Commissioner Pierce made a motion to release a request for qualifications and look into them over the next few months. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Air Rescue Fire Fighting Mission – City of Devils Lake & Devils Lake Regional Airport – The City Administrator communicated that they met with the airport authority members earlier in the day and they had a good, productive discussion on what the plan is moving forward. There will be a rundown for the full airport authority board on April 8th at their meeting. On April 15th, this will be brought to Commission for final decision. The airport is willing to take a deferred revenue in direct proportion to the extra responsibility that the City will take on. It was communicated that there are three options: 1) Keep the status quo, 2) cover the mission with existing fire department personnel while reducing one FTE at the airport, 3) cover the mission by adding a FTE to the fire department and reducing a FTE at the airport. The volunteer fire department said they are not willing to help with this due to the extra time it would take for them. The Fire Chief gave a breakdown on everything it will take for the Fire Department to take over this task. Discussion continued on this topic. There was no action needed tonight. 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

Agenda

City Commission Meeting Agenda Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Monday, April 1, 2024 Meeting Items 1) Call to Order 2) Pledge of Allegiance 3) Approval of Minutes – March 18, 2024 Awards and Proclamations 1) N/A Public Hearings – 5:30 PM 1) Devils Lake Planning Commission – Change in Zoning a. Recommendation for Zoning – Planning Commission 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 2) Devils Lake Chamber & Tourism Commission Portfolios 1) N/A Old Business 1) LEC Joint Powers Agreement Consent Agenda 1) N/A New Business 1) Approval of Agreement for Aerial Mosquito Spraying 2) Approval of 2024 County Blading Agreement 3) St Improvement #79-24 Insufficient Protest – 17th St SE, 16th St SE, 16th St SE, 8th Ave SE, 10th Ave SE 4) St Improvement #79-24 Approve Plans – 17th St SE, 16th St SE, 16th St SE, 8th Ave SE, 10th Ave SE 5) St Improvement #80-24 Insufficient Protest – 8th St NW, 9th St NW, 10th St NW, 11th St NW, Etc 6) St Improvement #80-24 Approve Plans – 8th St NW, 9th St NW, 10th St NW, 11th St NW, Etc 7) City Attorney Contract Discussion and Direction 8) Air Rescue Fire Fighting Mission – City of Devils Lake & Devils Lake Regional Airport Citizen Comment 1) N/A Informational Items Page 1 of 2 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 March 18, 2024 The regular meeting of the Devils Lake City Commission was held on March 18, 2024 with the following members present: President Moe, Dale Robbins, Jason Pierce and Rob Hach. Commissioner Robbins moved to approve the minutes of the regular Commission meeting held on March 4, 2024. The motion was seconded by Commissioner Hach, and the motion carried unanimously. Commissioner Hach – The City Engineer communicated that garbage pickup will be moved to the streets until further notice. The City Assessor communicated that he has started taking application for the revitalization program and so far he has received a couple. Commissioner Hamre - The City Engineering communicated that there is not an update for the Utility Department. Commissioner Robbins – The City Engineer communicated that there is not an update for the Engineering Department. The Street Department is going to start working on pothole patching and making sure that alleys are good to go. Commissioner Pierce – The Fire Chief communicated that there is not an update for the Fire Department. Commissioner Pierce communicated that a resident reached out to him about putting up billboards for the boys’ and girls’ basketball teams for becoming state champions. The City Administrator mentioned that they can work on putting a committee together to see if they can work something out. Commissioner Pierce also mentioned that the work at Dockside Entertainment is going very well and they are working on putting the bowling alley lanes in right now. The Interim Police Chief communicated that there is not an update for the Police Department. The City Administrator communicated that he and the fire chief are working on an ARFF analysis, and at the next meeting they plan on bringing three findings. The City Attorney was unable to attend, but gave an update via a letter, which is attached to the agenda. He mentioned that the final joint powers agreement is enclosed for review and approval. He also mentioned that they are continuing to see progress on the junk nuisances that have been sent out. 2nd Reading of Ordinance #994 – Accessory Buildings – The City Assessor communicated that there have been no changes from the 1st reading. Commissioner Hach made a motion to approve Ordinance #994. Commissioner Pierce seconded the motion, and the motion carried unanimously. Authorize Call for Bids – 2024 Curb, Gutter, and Sidewalk – The City Engineer communicated that they do this every spring to get work done this summer/fall. Commissioner Pierce made a motion to approve the call for bids for 2024 curb, gutter, and sidewalk. Commissioner Robbins seconded the motion, and the motion carried unanimously. Authorize Call for Bids – 2024 Asphalt and Concrete Street Repairs - The City Engineer communicated that they do this every spring to get work done this summer/fall. Commissioner Pierce made a motion to approve the call for bids for 2024 asphalt and concrete street repairs. Commissioner Robbins seconded the motion, and the motion carried unanimously. LEC Joint Powers Agreement – Commissioner Pierce communicated that there were a couple of questions within the joint powers agreement, in section 8.4.1 and 8.4.4. Commissioner Pierce made a motion to table the LEC Joint Powers Agreement until the questions are cleared up. Commissioner Hach seconded the motion, and the motion carried unanimously. 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 Notice of Public Hearing The Devils Lake Planning Commission will hold a public hearing on March 28, 2024, 7:00 am, City Office, 423 6th St NE, Devils Lake, ND, to review changing zoning in several areas within the city: west of College Dr between Walnut & 4th St NW; each side of 5th Ave SE between 4t St & 8th St; east of 5th Ave SE & 3rd St SE; east end of 16th St SE. If special accommodations are needed, please contact city office. Maps relating to the request are on file in the office of the City Engineer and may be viewed during regular working hours. for legals: 3-21-24 Notice of Public Hearing The Devils Lake City Commission will hold a public hearing on April 1, 2024, 5:30 pm, City Office, 423 6th St NE, Devils Lake, ND, to review changing zoning in several areas within the city: west of College Dr between Walnut & 4th St NW; each side of 5th Ave SE between 4t St & 8th St; east of 5th Ave SE & 3rd St SE; east end of 16th St SE. If special accommodations are needed, please contact city office. Maps relating to the request are on file in the office of the City Engineer and may be viewed during regular working hours. for legals: 3-21-24, 3-28-24 [Type here] March 27, 2024 Spencer Halvorson City of Devils Lake 423 6th St. Devils Lake, ND 58301 As director of the Lake Region Heritage Center, I would like to formally request funds for the second quarter of 2024. We are remarkably busy planning the Gala, set for April 20th, this year’s Arts festival, and Grand Opening of the Arts Center on June 15th and of course the usual spring school museum tours. With continued funding, the Lake Region Heritage Center will be able to provide history and heritage from past to present in the Lake Region. With sincerest appreciation, Lisa Crosby, Director Lake Region Heritage Center 502 4th St. NE PO Box 245 Devils Lake, ND 58301 701-662-3701 JOINT POWERS AGREEMENT FOR THE ESTABLISHMENT AND OPERATION OF THE LAKE REGION LAW ENFORCEMENT CENTER This Joint Powers Agreement ("Agreement") is entered into by, between, and among the City of Devils Lake, Ramsey County, Benson County, Eddy County, and Nelson County. RECITALS WHEREAS, the parties to this Agreement recognize the need for a regional correctional facility to provide the most efficient and effective delivery of such services for each party hereto; and WHEREAS, the parties to this Agreement agree that it is in the public interest to establish, operate, fund, and administer a regional correctional facility; and WHEREAS, the parties to this Agreement have determined that an intergovernmental approach should be taken and a joint powers agreement pursuant to Chapter 54-40.3 of the North Dakota Century Code be entered into for the purposes of exercising the powers expressly authorized by the laws of the State of North Dakota; WHEREAS, this Agreement will permit participating members to jointly utilize their resources for the operation of the Lake Region Law Enforcement Center, a regional correctional center as defined in section 12-44.1-02 of the North Dakota Century Code; and WHEREAS, this Agreement is intended to establish rights, responsibilities, and procedures for the operation and maintenance of the Lake Region Law Enforcement Center. NOW, THEREFORE, based upon the foregoing recitals, and based upon the mutual covenants contained herein, it is hereby agreed by, between and among the parties hereto as follows: ARTICLE 1. ESTABLISHMENT There is hereby established an independent body to be known as the Lake Region Law Enforcement Center ("LRLEC"). -1- ARTICLE 2. PURPOSES LRLEC is formed for the purposes of establishing, operating, funding, and administering a consolidated law enforcement and correctional facility through intergovernmental cooperation for the benefit of the parties to this Agreement and its Members. ARTICLE 3. DEFINITIONS The following terms shall have the following meanings as defined below unless a different meaning clearly applies from the context: "Agreement" means this Joint Powers Agreement by, between, and among the City of Devils Lake, Ramsey County, Benson County, Eddy County and Nelson County. "Annual Budget" means the annual budget approved by the Lake Region Law Enforcement Center Board for each and every calendar year of this Agreement. "Benson County" means Benson County, a political subdivision of the State of North Dakota. "Benson County Commission" means the Benson County Commission, which is the Governing Body of Benson County, North Dakota. "Chair" means the member of the Lake Region Law Enforcement Center Board who is elected to the Chair position pursuant to Section 4 of this Agreement. "City of Devils Lake" means the City of Devils Lake, a political subdivision of the State of North Dakota. "Devils Lake City Commission" means the Devils Lakes City Commission, which is the Governing Body of the City of Devils Lake, North Dakota. "Director" means the person responsible for the administration of the LRLEC as appointed by a majority vote of the Board. "Eddy County" means Eddy County, a political subdivision of the State of North Dakota. "Eddy County Commission" means the Eddy County Commission, which is the Governing Body of Eddy County, North Dakota. -2- "Effective Date" means the day of , 2024. "Governing Body" means the body which performs the legislative and governmental functions of a political subdivision, including but not limited to, a board, council, or commission. For example, the Devils Lake City Council, the Ramsey County Commission, the Benson County Commission, the Eddy County Commission, and the Nelson County Commission are the Governing Body of each of said entities. "Joint Powers Agreement" means this Agreement dated as of the Effective Date by, between, and among the Members, as amended from time to time to the extent permitted hereunder. "Lake Region Law Enforcement Center" or "LRLEC" means the correctional facility and the residential re-entry center under the supervision of the Lake Region Law Enforcement Center Board. "Lake Region Law Enforcement Center Board" or "Board" means the Board responsible for the oversight of the regional correctional center known as the Lake Region Law Enforcement Center. "Maintenance" means all normal maintenance activities associated with maintaining or preserving the property owned or controlled by the Lake Region Law Enforcement Center. "Member" means a party to this Agreement and any future additional Member. "Nelson County" means Nelson County, a political subdivision of the State of North Dakota "Nelson County Commission" means the Nelson County Commission, which is the Governing Body of Nelson County, North Dakota. "Person" means any natural or legal person, county, city, municipality, political subdivision, public benefit corporation, corporation, limited liability company, trust, joint venture, association, company, partnership, Governmental Authority, or other entity. "Ramsey County" means Ramsey County, a political subdivision of the State of North Dakota "Ramsey County Commission" means the Ramsey County Commission, which is the Governing Body of Ramsey County, North Dakota. -3- "Vice Chair" means the member of the Lake Region Law Enforcement Center Board who is elected to the Vice Chair position pursuant to Section 4 of this Agreement. ARTICLE 4. GOVERNING BOARD 4.1 Establishment. A governing board known as the Lake Region Law Enforcement Center Board ("Board") is hereby established for purposes of governing and managing the Lake Region Law Enforcement Center, its activities, and employees. 4.2 Board Membership. Apart from the LRLEC Director, all representatives serving on the Board shall be required to serve as a duly elected or appointed commissioner in their respective governing body. The Board shall consist of eight Members as follows: 4.2.1 Two representatives of the Ramsey County Commission. 4.2.2 One representative of the Nelson County Commission. 4.2.3 One representative of the Benson County Commission 4.2.4 One representative of the Eddy County Commission. 4.2.5 Two representatives of the Devils Lake City Commission. 4.2.6 LRLEC Director (nonvoting ex officio Member) 4.3 Alternates. The Governing Body for each of the Members may designate an alternative representative to act in the absence of the Member’s representative at any meeting of the Board subject to the requirements of Article 4, section 4.2. 4.4 Expansion of Board. In the event that additional Members are added by virtue of a public entity joining as a party to this Agreement under Article 5, the LRLEC Board membership shall be increased to allow one representative to serve as a Member of the Board for each additional participating Member. 4.5 Officers of the Board. The Board shall elect officers from its voting membership at the first regular meeting of each calendar year. The officers of the Board shall consist of a Chair and Vice Chair. The term for each officer shall be one (1) year. The Vice Chair shall succeed to the office of Chair after one (1) term. 4.6 Removal of Officer. An officer of the Board shall be subject to removal for cause at any time by a majority vote of the Board. 4.7 Board Meetings. 4.7.1 Annual Meeting. An annual meeting of the LRLEC Board shall be held in May of each year. -4- 4.7.2 Regular Meetings. Regular meetings shall be held according to a schedule approved by the Board. 4.7.3 Special Meetings. Special Meetings shall be held when called by the Chair or whenever requested by two Members of the Board. 4.7.4 Quorum. A majority of Board Members shall constitute a quorum for the transaction of business of LRLEC and a majority of the quorum shall be necessary to approve any action of the Board. 4.7.5 Location of Meetings. Meeting locations shall be determined by the Chair. 4.8 LRLEC Board Duties, Responsibilities and Authority. The Board shall have the following duties, responsibilities, and authority: 4.8.1 Review and approve such rules, regulations, policies, and standard operating procedures for the purposes of managing the LRLEC and its activities. 4.8.2 Provide information and direction for the operation of the LRLEC. 4.8.3 Review and provide general oversight for all contracts or agreements necessary to operate, equip, or manage the LRLEC, subject to the limits of the approved Annual Budget. 4.8.4 Review, comment, and approve any capital improvements program developed and submitted by the Director. 4.8.5 Conduct long range planning to provide an effective, efficient, and responsible correctional center. 4.8.6 Accept, receive, and administer grants or other funds or gifts for purposes of carrying out functions of the LRLEC. 4.8.7 Establish and approve operational protocols, policies, and procedures. 4.8.8 Perform such other responsibilities, duties, and activities as may be appropriate and necessary to address the correctional needs of the public and the Members. 4.8.9 Employ, discipline, and terminate employment of a Director. 4.8.10 Provide discretionary comments and advice regarding personnel matters. -5- 4.8.11 The Board shall have all necessary powers and authorities granted by law and may do all things necessary and lawful to carry out the purposes of this Agreement. 4.8.12 Establish per diem rates to be charged to Members and non-members for correctional center services. 4.8.13 Contract with third parties to provide goods, services, materials, or supplies for the implementation of the purpose of this Agreement and/or operation of the LRLEC. 4.8.14 Adopt budgets, retain personnel, retain legal counsel and consultants, acquire grants, acquire, hold, lease, and dispose of real and personal property. 4.8.15 Incur debt and issue bonds or any like instruments to effectively provide for the services enumerated herein in compliance with pertinent sections of state and/or federal law. 4.8.16 Defend, hold harmless and indemnify the Members of the LRLEC Board for any actions taken in the course and scope of their official duties. 4.8.17 Create committees comprised of board members, appointed representatives from the public, or both. 4.8.18 Sell, convey, lease, exchange, transfer or otherwise dispose of real property, personal property, chattels, and other assets. 4.8.19 Purchase, take, receive, lease, receive by gift, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property or any interest therein. 4.8.20 Employ and/or contract for personnel and services with public and private entities. 4.9 Board Compensation. The Board may establish reasonable compensation to be paid to Members of the Board. In addition, Board Members may be reimbursed for reasonable out- of-pocket expenses actually incurred by reason of participation in Board activities, in accordance with Board approved policies and procedures. -6- 4.10 Director. There shall be a Director of LRLEC who shall be responsible for the administration of LRLEC. The Director shall be appointed by a majority vote of the Board. The Director may be removed with or without cause by a majority vote of the Board. The Director shall be responsible for the preparation of the Annual Budget and the collection of Member fees as prescribed in this Agreement, the bylaws, and/or such other agreement as established by the Board. ARTICLE 5. ADDITION OF NEW MEMBERS Any agency or political subdivision wishing to join LRLEC must submit a written request to the Chair. This request will be reviewed by the Director and a report given to the Board. The Board shall direct the Director to obtain appropriate information from the agency or political subdivision on their needs and to develop an estimate of fees for joining based on a formula established in this Agreement. The Director shall notify the agency or political subdivision of the amount of proposed fees and request that the Governing Body of the agency or political subdivision adopt a resolution requesting membership in the LRLEC and agreeing to the payment of fees set forth. Upon receipt of the resolution from the agency or political subdivision, the Director shall place the request on the next Board agenda for consideration. The acceptance of new Members shall be effective upon a majority vote of the Board. The Board in its sole discretion shall determine whether additional Members shall be admitted and the appropriate payment required of any additional Member. ARTICLE 6. DUTIES AND RESPONSIBILITIES OF MEMBERS 6.1 All Members shall undertake and provide the following: 6.1.1 Pay and contribute its portion of LRLEC costs as determined by the Board within ninety (90) days of the date of invoice, unless a Member disputes the invoice. If a member disputes the invoice, it shall notify the LRLEC in writing within thirty (30) days of the date of the invoice. The Member and LRLEC must meet and confer in good faith to attempt to resolve the dispute. If the dispute is not resolved, the parties must follow Dispute Resolution procedures as set forth in Article 15 of this Agreement. 6.1.2 Contribute funding in accordance with this Agreement. 6.1.3 Pay all charges, surcharges, penalties, interest, or fees allocated and assessed to the Member by the Board. 6.1.4 Contribute any grants, endowments, bequests, or gifts allocated for LRLEC services or activities. -7- 6.1.5 Pay all per diem charges for each person incarcerated or detained at the LRLEC. 6.1.6 Appoint, in a timely manner, representatives to serve on the Board, subject to Article 4, section 4.2 et seq of this Agreement. 6.1.7 To act in good faith for the efficient and effective delivery of services by the LRLEC. 6.1.8 To undertake such activities as may be necessary or convenient to fulfill the purposes of this Agreement. ARTICLE 7. OPERATION AND MANAGEMENT 7.1 The LRLEC is intended by the Members to house inmates and detainees incarcerated or detained by any of the Members, the State of North Dakota, or other political subdivisions thereof, or federal inmates under the control of federal agencies who are awaiting transfer to other facilities or other disposition under applicable federal law. The LRLEC also operates the Lake Region Re-Entry Center, which serves as a re-entry center for individuals transitioning back into the community after incarceration. 7.2 Operation and management of the LRLEC must be in accordance with the applicable standards established by the North Dakota Department of Corrections or any other state or federal agency or department having jurisdiction. 7.3 The LRLEC shall be compensated on a per diem/per inmate basis for housing inmates from each of the Members in addition to the payment of all other fees, charges, or taxes. 7.4 The LRLEC Board may establish a per diem/per inmate rate for housing inmates from jurisdictions other than the Members. All inmate per diem rates shall be reviewed and determined by the Board on an annual basis. For purposes of imposing a per diem charge, a "day" shall mean a 24-hour time period beginning with 12:00 midnight and ending 24 hours later. All per diem charges shall be based on daily midnight count for inmates actually incarcerated at the facility at 12:00 midnight of each day. For those inmates housed less than a 24-hour period, a booking fee may be assessed and included in the fees and charges. All Members to this Agreement shall pay the same per diem rate. -8- 7.5 The LRLEC shall provide all services reasonably necessary for the marketing of the facility/center to third party contracting entities including but not limited to of solicitation and development programs and relationships with eligible user governmental entities. This includes the development of intergovernmental relationships, maintenance of those relationships, and the development of long-term agreements. 7.6 The LRLEC shall be solely responsible for operational decisions regarding the appropriate level of security, inmate management and housing of all inmates and detainees. 7.7 The LRLEC shall provide inmate services for misdemeanor and felony cases referred for prosecution. The LRLEC may also provide emergency detention services as provided by law. 7.8 The LRLEC shall provide each Member with an itemized monthly billing report for all services provided. 7.9 Each Member shall be solely responsible for transportation of its inmates to the LRLEC for initial booking and to all court appearances. 7.10 All inmates and detainees shall receive medical, mental health and dental treatment when medically necessary to safeguard their health while in custody as required by law. Medical costs for services and care provided to inmates and/or detainees shall be the responsibility of the Member or other agency or political subdivision responsible for the incarceration or detention of such inmate or detainee. Such expenses shall include any medical expenses incurred inside or outside of the LRLEC for medical conditions occurring either as an inmate or detainee of the LRLEC. Such expenses shall not, however, include routine nursing services provided to incarcerated inmates or detainees as part of the normal operations of the LRLEC, including over-the-counter medications or supplies. 7.11 The Members agree to take such further actions and to execute documents as in their reasonable judgment may be necessary or desirable to carry out the terms of, and complete the transactions contemplated by, this Agreement. 7.12 The LRLEC may enter into agreements for detention and incarceration services for other North Dakota political subdivisions, the State of North Dakota, another state, a political subdivision, or municipality or equivalent of another state, the United States Marshal Service, or Federal Bureau of Prison, or such other state or federal agency or department. -9- ARTICLE 8. BUDGET; COST ALLOCATION; PAYMENT OBLIGATIONS 8.1 Budgeting. The Director shall present an annual LRLEC budget to the Board for review and approval on or before the 1st day of April annually. Such Annual Budget shall include: 8.1.1 A listing of the estimated expenditures and costs required to operate the LRLEC for the following fiscal year. 8.1.2 An estimate of the income or revenue the LRLEC can be reasonably expected to generate or receive and a listing of the income sources. 8.1.3 An estimate of net costs to each party after the expected income is credited, along with a statement of cost allocation. 8.1.4 The annual LRLEC budget shall be approved by the Board on or before the 1st day of July annually. 8.1.5 Notice of final approval of the LRLEC budget shall be given by the Director to each Member Governing Body within five (5) days of final approval by the Board. 8.2 Accounting. 8.2.1 The Director shall provide for all income, revenue or other funds received by the LRLEC to be deposited for LRLEC purposes. 8.2.2 The Director shall provide for the accounting of all income, revenues, or other funding received by the LRLEC as well as all expenditures. 8.2.3 The Director shall provide the Board with financial reports on at least a quarterly basis. 8.3 Capital Assets/Equipment Acquisition. 8.3.1 All capital assets or equipment acquisitions for the LRLEC shall be made in accordance with purchasing policies approved by the Board. Where appropriate, the Director shall prepare bid specifications and other bid documents. Except for assets owned by a Member or other entity, all equipment, furnishings, and facilities for the LRLEC shall be purchased and held in the name of LRLEC and shall become the property of the LRLEC. -10- 8.3.2 Except for property owned by another Member or other entity, title to all capital assets shall be held in the name of LRLEC. Capital assets shall be identified and defined according to acceptable accounting practices. The Board may, in its discretion, obtain insurance for loss or damage to such property. 8.3.3 Purchase of supplies and other expendable items shall be made according to standard purchasing policies approved by the Board. 8.4 Member Payment Obligations. 8.4.1 Each Member shall pay per diem charges as established by the Board for each prisoner incarcerated or individual detained at the LRLEC. 8.4.2 Each Member shall pay their respective share of the Annual Budget remaining unfunded, after accounting for unanticipated incarceration revenues, rental payments and other miscellaneous income or grants, as allocated by the Board. 8.4.3 In the event of a year end budget surplus, the Board may allocate such surplus to the subsequent year’s operating budget in the form of unanticipated carryover funds to be used in the discretion of the Board; allocate such surplus into a fund for future capital improvements; or allocate such surplus into a reserve fund. 8.4.4 In the event of an annual operating deficit, the Board shall have the power and authority to obtain an operating loan or loans as provided by North Dakota law. Any operating loan or loans incurred by the LRLEC due to an annual operating deficit shall be accounted for and incorporated into the budget of the following fiscal year. The Board may, in its discretion, impose additional surcharges, charges, or fees upon each Member in lieu of obtaining an operating loan or loans. ARTICLE 9. EMPLOYEES 9.1 LRLEC Director. The Board shall employ or contract with an individual to act as the LRLEC Director. Such employment or contract must be approved by a majority vote of the Board. The Board, by a majority vote, may discipline the LRLEC Director. The Board, by a majority vote, may terminate the employment of the LRLEC Director, with or without cause. -11- 9.2 Additional Employees. The Board may employ or contract such persons as may be necessary for the operation of the LRLEC. Employees may be employed or contracted to work on a full-time, part-time, or seasonal basis, provided that all staffing obligations and requirements imposed by applicable standards shall be complied with. ARTICLE 10. INDEMNIFICATION/INSURANCE The LRLEC may acquire such insurance protection or other indemnification as may be necessary or convenient to protect the interest of the LRLEC, its Members, officers and employees from all claims, losses, damages, costs, injuries and liability of every kind, nature and description directly or indirectly arising from the performance of any of the activities of the LRLEC or the activities undertaken pursuant to this Agreement. ARTICLE 11. WITHDRAWAL OR TERMINATION OF MEMBERSHIP 11.1 Any Member may withdraw its membership and terminate its participation in LRLEC by providing written notice and serving that notice upon the Chair and Director on or before the 31st day of March in any year. If notice is given prior to the 31st day of March in any calendar year, such membership withdrawal and termination shall be effective on the last day of the calendar year following delivery and service of appropriate notice. 11.2 If notice is not provided prior to the 31st day of March in any year, such Member’s withdrawal or termination of membership shall become effective on the 31st day of December of the subsequent calendar year following delivery and service of notice. For example, if an agency provides notice prior to March 31, year one (1), the effective date of termination shall be December 31, year one (1). If notice is given after March 31, year one (1), the effective date of termination shall be December 31, year two (2). 11.3 The termination and/or withdrawal of any Member shall not discharge or relieve such Member of its obligations, liabilities, or payments due prior to, at the time of, or following termination. Upon termination or withdrawal, the payment of any remaining obligations shall be made pursuant to this Agreement or as otherwise provided by law. ARTICLE 12. TERMINATION OF JOINT POWERS AGREEMENT This Agreement may be terminated by the Board upon notice of withdrawal being received from a majority of the Members. Upon termination, the payment of the obligations and division of the property of the LRLEC shall be conducted pursuant to this Agreement or as otherwise provided by law. -12- ARTICLE 13. DISPOSITION OF FUNDS UPON TERMINATION 13.1 In the event the termination of the LRLEC where there is a successor public entity which will carry on the activities of the LRLEC and assume its obligation, assets, including any interest earned on deposits remaining upon termination of the LRLEC and after payment of all obligations, shall be transferred to the successor public entity. 13.2 If there is no successor public entity to carry on the activities of the LRLEC or assume its obligations, assets, including any interest earned on deposits, remaining upon termination of the LRLEC and after payment of all obligations, shall be divided and distributed in proportion to the contribution of each Member. 13.3 If there is a successor public agency which would undertake some of the functions of the LRLEC and assume some of its obligations, assets, including any interest earned on deposits, remaining upon the termination of the LRLEC and after payment of all obligations, shall be allocated by the Board between the successor public entity and Members as determined by the Board in its sole discretion. 13.4 In the event the LRLEC is terminated under circumstances falling within sections 13.2 or 13.3 above all decisions by the Board regarding determination of amounts to be transferred to Members or any successor shall be final. ARTICLE 14. MEMBER PAYMENTS; DELINQUENCIES 14.1 Payments from Members not received when due shall bear interest at the rate of eighteen percent (18%) per annum until paid, except, however, any amounts subject to the dispute resolution provisions in Article 15 shall be suspended until 30 days after final resolution resulting in the payments of any outstanding amount. 14.2 If a payment from a Member is more than three (3) months delinquent, the delinquent Member shall not be entitled to vote until all delinquent payments together with interest have been paid. 14.3 A Member who is six (6) months or more delinquent in payments shall lose use of the LRLEC until all payments including interest have been made. 14.4 A Member who is one (1) year or more delinquent is deemed to have withdrawn as a principle and to have withdrawn from the LRLEC. 14.5 Withdrawal or termination of membership does not extinguish any obligation to pay LRLEC for any services, membership, or other amounts due, together with interest. -13- ARTICLE 15. DISPUTE RESOLUTION 15.1 Whenever any dispute arises between or among the Members under this Agreement, or under the provisions of 6.1.1, which cannot be resolved by routine meetings or communications, the Members agree to seek resolution of such dispute by the process described in this section, which shall be binding upon all Members. 15.2 The Members, in good faith, shall seek to resolve any dispute or concern by meeting as soon as feasible. The meeting shall include the Chair, the Director and representative(s) of any party raising a concern or dispute. 15.3 If the dispute is not resolved as a result of such meeting, any party to the dispute may demand mediation through a process to be mutually agreed to, in good faith, between the parties within ninety (90) days. Mediation may include binding or nonbinding decisions or recommendations. The parties to the dispute shall share equally the costs of mediation and assume their own costs. 15.4 If the mediation process does not result in a resolution of the dispute, any party subject to the dispute may, within thirty (30) days of conclusion of the mediation, demand binding arbitration. Upon demand, the dispute or concern shall be submitted to and settled by binding arbitration. The location of the arbitration shall be mutually agreed upon and its proceedings will be governed by the laws of the State of North Dakota. Arbitration shall be conducted before a single arbitrator. The single arbitrator shall be an individual skilled in the legal and business aspects of the subject matter of this Agreement. The costs of the arbitration shall be shared equally by the parties to the dispute except, however, at the discretion of the arbitrator, costs may be allocated to any single or multiple parties to the arbitration. ARTICLE 16. NOTICES All notices to Members shall be deemed to have been given when mailed to the Governing Body of each Member. The Board may provide notice by email or facsimile or some other reliable method by resolution. All notices to the LRLEC shall be delivered to its Chair or Director. ARTICLE 17. GOVERNMENTAL PURPOSES Any and all services or activities performed or undertaken pursuant to this Agreement shall be deemed to be for public and governmental purposes only. It is the intention of the Members that all privileges, protections, defenses, immunities, and damage limitations afforded to political subdivisions and/or the State shall extend to the parties to this Agreement and to the services or activities performed hereunder. -14- ARTICLE 18. NO LIMITATIONS This Agreement shall not be construed, in any manner, to aggregate or limit the rights, defenses, immunities, exemptions, powers, duties, or functions of any of the parties hereto. ARTICLE 19. AUTHORITY FOR AGREEMENT This Agreement is made under the authority and pursuant to the provisions of Article VII, Section 10 of the North Dakota Constitution, and Chapters 11-10, 40-05, and 54-40.3 of the North Dakota Century Code. ARTICLE 20. NO THIRD-PARTY BENEFIT. This Agreement is solely for the benefit of the parties hereto and no other person or persons shall have any right, benefit, priority, claim, or interest under or because of the exercise or provisions of this Agreement. ARTICLE 21. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota and venue for any legal action arising out of this Agreement shall be in Ramsey County, North Dakota. ARTICLE 22. TERMINATION OF PREVIOUS AGREEMENTS This Agreement shall supersede and terminate any prior or existing agreements, addendums, amendments to agreement, codicils, or cooperative agreements that have been entered into by and between the parties for the establishment and/or provision of LRLEC facilities or services. ARTICLE 23. SEVERABILITY Should any part of this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or against public policy, said offending section shall be void and of no effect, and shall not render any other section herein or this Agreement as a whole, invalid. ARTICLE 24. AGREEMENT COMPLETE The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. -15- ARTICLE 25. COUNTERPARTS This Agreement may be executed in counterparts or duplicate originals. ARTICLE 26. AMENDMENTS No amendment to this Agreement shall be effective except upon the written concurrence of the Governing Body of all Members. ARTICLE 27. EFFECTIVE DATE This Agreement shall be effective on the day of , 20 and shall continue thereafter until amended or terminated by the parties hereto. -16- IN WITNESS WHEREOF, the duly authorized representatives of the respective parties hereto have signed this Agreement. RAMSEY COUNTY Date: By: Its: BENSON COUNTY Date: By: Its: EDDY COUNTY Date: By: Its: NELSON COUNTY Date: By: Its: CITY OF DEVILS LAKE Date: By: Its Mayor: Attest: Its City Auditor: -17- CONTRACT FOR SUMMER MAINTENANCE THIS AGREEMENT, made and entered into this 1st day of April, 2024, by and between Ramsey County (a corporation organized and existing under the laws of the State of North Dakota), party of the first part, and City of Devils Lake, whose address is Devils Lake, North Dakota, party of the second part; WITNESSETH, that the said party of the first part for and in consideration of the sum of $6,547.20 in hand paid by the party of the second part on or before the 1st day of April, 2024, the receipt of which is hereby acknowledged, does hereby agree as follows: The party of the first part agrees to provide blading of the roads contained within the said township as hereinafter specified. Said service to be the same, or similar to, that now being provided by the County on those roads as determined by the parties herein. It is agreed that the party of the second part will determine which roads to be serviced, that the amount will be $310.00 per mile which includes six (6) bladings per mile (see attached summary). It is agreed that this contract will run from April 1st of the year of the contract is entered into, until October 31st of the same year. The contract will not be renewed by the party of the first part if the said party of the second part is delinquent in the payment in any extent. It is agreed by the parties hereto that the above-referred mileage will be determined at the date of the contract and will be the mileage that will be controlling throughout the contract period unless there is a request for increased service by the party of the second part. Additional work or snowplowing to be paid for on an hourly rate based on rate schedule as established each year by the Commissioners. The hourly blading rate for fiscal year April 1st, 2024 to April 1st, 2025 shall be $145.00 per hour for Township and Government work and $150.00 per hour for private work. In the event that the party of the second part wishes to redesignate those roads to be served, they will contact the party of the first part and a determination will be made as to the mileage. IN TESTIMONY WHEREOF, the said parties have caused these presents to be executed, the party of the first part in its corporate name by its chairman of the Board of County Commissioners, and its Auditor, and the party of the second part by its President and Auditor. ATTEST: RAMSEY COUNTY, NORTH DAKOTA County Auditor Chairman, Board of County Commissioners CITY OF DEVILS LAKE, NORTH DAKOTA City Auditor Chairman, City of Devils Lake SUMMER ROAD MAINTENANCE - COUNTY BLADING LOCATIONS 2024 ROADWAY DESCRIPTION MILES TIMES RATE COST Airport Rd between Hwy 19 and end of Dike 1.80 18 $930.00 $1,674.00 Truck Route between Hwy 20 and Hwy 2 3.10 3 $155.00 $480.50 8th Ave NW between 16th St NW and Dead End 0.40 6 $310.00 $124.00 17th St SE between Hwy 2 and 8th Ave SE 1.00 12 $620.00 $620.00 8th Ave SE between PD Firing Range and Playground 0.90 12 $620.00 $558.00 10th Ave SE between 15th St SE and 17th St SE 0.20 12 $620.00 $124.00 16th St SE between 10th Ave SE and 17th St SE 0.40 6 $310.00 $124.00 14th Ave SE between Hwy 2 and Bend in Road 0.25 12 $620.00 $155.00 Smith Dr SW between Hwy 20 and Dead End 0.13 6 $310.00 $40.30 14th St NE beween 5th Ave NE and 14th Ave NE 0.62 18 $930.00 $576.60 14th Ave NE between 10th St NE and 14th St NE 0.31 18 $930.00 $288.30 Gouldings Rd between Frontage Road and Elk's Rd 0.27 12 $620.00 $167.40 5th St NE between 16th Ave NE and Elk's Rd 0.27 6 $310.00 $83.70 9th Ave SE between 5th St SE and Frontage Road 0.22 12 $620.00 $136.40 Landfill Road between Hwy 20 and Landfill 1.50 18 $930.00 $1,395.00 TOTAL COST $6,547.20 ¯ Truck Route between Hwy 20 and Hwy 2 3.1 miles X 3 times Landfill Road between Hwy 20 and Landfill 1.5 miles X 18 times SUMMER ROAD MAINTENANCE HWY 20 N COUNTY BLADING LOCATIONS 2024 HW 8th Ave NW between 16th St NW and Dead End Y 2W 0.4 miles X 6 times ES T NO RT H LA N E SCHWAN AVE NW 19TH ST NE 14th St NE between 5th Ave NE and 14th Ave NE COLLEGE 0.62 miles X 18 times 16TH ST NW 15TH ST NE 8TH AVE NW SUMMERS ST NW H DR N W 14TH ST NW Y 2 13TH ST NW W ES 12TH ST NE Airport Rd between Hwy 19 and end of Dike T SO 1.8 miles X 18 times U TH LA 14th Ave NE between 10th St NE and 14th St NE N E 0.31 miles X 18 times 5th St NE between 16th Ave NE and Elk's Dr 7TH AVE NE 10TH AVE NE 7TH ST NE 7TH ST NE 0.27 miles X 6 times 6TH ST NE 5TH AVE NE 8TH AVE NE 6TH AVE NE 14TH AVE NE 5TH ST NE 12TH AVE SE 4TH ST NW 3RD ST NW 3RD ST NE 9 2ND ST NE 2ND ST NE WY 1 12TH AVE NE H 1ST ST NW 1ST ST NE 10TH AVE SE WALNUT ST E 9th Ave SE between 5th St SE and Fr Rd 13TH AVE SE 0.22 miles X 12 11TH AVE SE 14th Ave SE between Hwy 2 and Bend in Road 0.25 miles X 12 times Smith Dr SW between Hwy 20 and Dead End 13TH AVE SE 0.13 miles X 6 times 7TH ST SE 8TH ST SE Goulding's Rd between Fr Rd and Elk's Rd 10TH ST SE 0.27 miles X 12 times 10th Ave SE between 15th St SE and 17th St SE 16th St SE between 10th Ave SE and 17th St SE WALLEYE DR 0.2 miles X 12 times 0.4 miles X 6 times 8th Ave SE between PD Firing Range and Playground 17th St SE between Hwy 2 and 8th Ave SE 0.9 miles X 12 times 1 mile X 12 times 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 Resolution Approving Plans and Specifications and Directing Advertisement for Bids for Street Improvement District No 79-24 17 St SE, 16th St SE, 8th Ave SE, 10th Ave SE th BE IT RESOLVED by the City Commissioners of the City of Devils Lake, North Dakota, as follows: 1. The plans and specifications and estimates of cost for improvements in Street Improvement District No 79-24 of the City of Devils Lake, heretofore prepared by the City Engineer, be and the same hereby are approved, ratified and confirmed as the plans and specifications and estimates of cost in accordance with which said improvements shall be constructed and the City Auditor shall file the same in her office open to public inspection. 2. Proposals for the work of making the improvement in said district, according to the plans and specifications heretofore approved by this Board, shall be received by the Board of City Commissioners. Advertisement for such proposals shall be published as required by Section 40- 22-19 of the North Dakota Century Code. Voting aye were Commissioners__________________________________________________ Voting nay were Commissioners__________________________________________________ Absent and not voting were Commissioners_________________________________________ Dated this 1st day of April, 2024. Attest: City of Devils Lake ____________________________ ______________________________ Spencer Halvorson, City Administrator/Auditor Jim Moe, President of Commission Resolution Determining Insufficient Protests Were Filed in Street Improvement District No 80-24 8 St NW, 9th St NW, 10th St NW, 11th St NW, etc 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 80-24 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 80-24 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 1st day of April, 2024. Attest: City of Devils Lake ____________________________ ______________________________ Spencer Halvorson, City Administrator/Auditor Jim Moe, President of Commission Resolution Approving Plans and Specifications and Directing Advertisement for Bids 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 City Commissioners of the City of Devils Lake, North Dakota, as follows: 1. The plans and specifications and estimates of cost for improvements in Street Improvement District No 80-24 of the City of Devils Lake, heretofore prepared by the City Engineer, be and the same hereby are approved, ratified and confirmed as the plans and specifications and estimates of cost in accordance with which said improvements shall be constructed and the City Auditor shall file the same in her office open to public inspection. 2. Proposals for the work of making the improvement in said district, according to the plans and specifications heretofore approved by this Board, shall be received by the Board of City Commissioners. Advertisement for such proposals shall be published as required by Section 40- 22-19 of the North Dakota Century Code. Voting aye were Commissioners__________________________________________________ Voting nay were Commissioners__________________________________________________ Absent and not voting were Commissioners_________________________________________ Dated this 1st day of April, 2024. Attest: City of Devils Lake ____________________________ ______________________________ Spencer Halvorson, City Administrator/Auditor Jim Moe, President of Commission REQUEST FOR QUALIFICATIONS CITY ATTORNEY SERVICES City of Devils Lake 423 6th St NE Devils Lake, ND 58301 Date Released: April 1, 2024 Submission Deadline: May 03, 2024 BACKGROUND The City of Devils Lake invites interested law firms and individuals to submit written proposals to provide City Attorney services. As City Attorney, the selected law firm or individual will be expected to provide a wide range of legal services for the City. The City Attorney will be selected by the City Commission and will work closely with the Commission, City Administrator, and Department Heads. The City Attorney is an appointive officer for the City of Devils Lake and will serve for a two (2) year term. SERVICES REQUESTED Basic services shall include those legal services generally understood as “general counsel” work and shall include, but not be limited to the following: - Routine legal advice, consultations with City Commissioners, City Administrator, Department Heads, and other City staff. - Assistance in the preparation and review of Ordinances, Resolutions, Agreements, Contracts, Forms, Notices, Certificates, Deeds, Land Acquisition, Leases, Conveyances, Bonds, and other documents required to conduct City business. - Serve as the City Prosecutor in Devils Lake Municipal Court and serve in the same capacity when criminal cases are removed to the Ramsey County District Court. - Provide legal conclusions and analysis regarding potential criminal offenses and infractions to officers of the Devils Lake Police Department upon their request. Communicate and coordinate with officers of the Devils Lake Polie Department regarding prosecution of cases. - Legal advice and formal opinions concerning legal matters affecting the City. - Enforcement of City Codes, zoning regulations, and building standards through administrative and judicial actions. - Monitoring of pending and current state and federal legislation and court decisions, as appropriate. - Coordination of outside legal counsel, as needed and as directed by the City Commission. - Attend City Commission, Planning Commission, and other meetings as requested by City leadership REQUIRED PROPOSAL ELEMENTS Describe the nature of your practice or your law firm’s qualifications for providing City Attorney services. Include a professional chronology for the individual who will be designated to serve as City Attorney, as well as for others whom you anticipate being involved with providing legal services to the City. Provide the overall capabilities, qualifications, training, and areas of expertise for each of the principals, partners, and associates of the law firm, including the length of employment for each person and his/her area of specialization. Provide the following for the person whom you propose to designate as City Attorney and for each person you propose to designate as an associate or backup. - Legal training and number of years of practice, including date of admission to the North Dakota Bar Association, number of years of municipal or other local public sector law practice as a full-time local government attorney and/or in a private law office specializing in local government. - Professional affiliations. - Knowledge of, and experience with North Dakota municipal law or other public sector experience. - Litigation experience and demonstration of a good court track record (cite examples). - Knowledge and practice of law relating to land use and planning, environmental law, risk management, development, general plans, real estate, and other related law. - Experience in the area of contracts, franchises, and Joint Powers Agreements. - Experience in the preparation and review of ordinances and resolutions. - Types of clientele represented and years representing each. - Office location(s) and availability to be physically present when appropriate and reasonable. In the proposal, include three professional references for the individual designated as City Attorney. If the firm or individual has ever been sued by cities or other clients for malpractice, been the subject of complaints filed with the State Bar, or had discipline imposed by the State Bar, please provide information about the nature of the incident, the dates of when the matter began and was concluded, and the results of the situation. Describe how you would structure the working relationship between the City Attorney and the City Commission, City Administrator, Department Heads, and other staff members. Define the standard time frames for response by the City Attorney to direction and or inquiry from City personnel. Indicate whether you or your law firm represent or have represented any client which representation may conflict with your ability to serve as City Attorney. Indicate whether you or your law firm represent any real estate developers which could result in a conflict of interest with the City Attorney position. COMPENSATION If selected as a finalist to be interviewed, a proposal from the firm or individual for compensation arrangements will be requested prior to the interview with the City Commission. The current City Attorney provides services on a retainer basis with an hourly fee for special projects, trials, and appeals to District Court. It would be expected for the selected applicant to provide services under a similar system, however, the City Commission would be open to consider alternative payment arrangements. SELECTION SCHEDULE The City of Devils Lake intends to proceed with the following tentative schedule for the selected firm or individual: Request for Qualifications Advertised April 18, 2024 Proposal Due Date May 03, 2024 Review of Proposals May 06 – May 10, 2024 Interviews, Selection, and Negotiation May13 - 17, 2024 City Commission Awarding of Contract May 20, 2024 SUBMITTAL REQUIREMENTS Law firms or individuals interested in submitting proposals for City Attorney shall submit 12 complete copies of the proposal to: Spencer Halvorson, City Administrator City of Devils Lake 423 6th St NE Devils Lake, ND 58301 Proposals must be received by 5:00pm CST on Friday, May 10, 2024. Late proposals will not be considered. The City Commission reserves the right to reject all proposals, to request additional information concerning any proposal for purposes of clarification, to accept or negotiate any modification to any proposal following the deadline for receipt of all proposals, and to waive any irregularities as such would serve the best interests of the City as determined by the City Commission. QUALITIES OF SUCCESSFUL APPLICANT In reviewing proposals, the City will carefully weigh: - Depth of experience and breadth of expertise in the practice of law, specifically those pertinent to the operation of municipal government. - Capability to perform legal services promptly and in a manner that permits the City Commission and staff to meet established deadlines and to operate in an effective and efficient manner. - Demonstrated workload capacity and commitment to being a responsive and inviting team player. - Demonstrated commitment to working collaboratively with City team members. - Degree of availability for quick responses to inquiries that arise out of day-to-day operations. - Ability to physically attend City Commission meetings scheduled for the first and third Monday of the month at 5:30pm as well as other special meetings as requested. - Ability to physically attend meetings with City Commissioners and City staff upon request. - Demonstrated sound judgement, integrity, and reliability as determined by references provided in proposal. EQUAL EMPLOYMENT OPPORTUNITY The City of Devils Lake is an equal opportunity employer. It is the policy of the City of Devils Lake to recruit, hire, train, and promote employees without discrimination because of race, color, religion, sex, age, creed, status of marriage or public assistance, national origin or physical or mental handicap except where specific age, sex, or physical requirements are a bona fide occupational qualification. Qualified veterans shall have preference for employment with the City of Devils Lake as set forth in Chapters 37-19.1 and other sections of the North Dakota Century Code. CONTACT INFORMATION Direct all inquiries regarding the Request for Qualifications to Spencer Halvorson, City Administrator, at (701) 662-7600 ext: 222 or by email at spencerh@dvlnd.com. LIST OF BILLS FOR THE CITY OF DEVILS LAKE 1-Apr-24 VENDOR AMOUNT DUE AIRPORT Bergstrom Electric $13,831.16 Capital One Trade Credit-Mac's $126.53 Dakota Implement-NAPA $5.31 Dennis Olson $144.00 Gleason Construction $338,721.25 Mead & Hunt $25,128.68 Newby's Ace Hardware $33.99 Rodger Haugen $144.00 Scott Cruse $261.90 Steve Herrick $297.00 CITY Allstate Peterbilt $213.55 Amazon Capital Services $1,141.93 Butler Machinery $31.95 Capital One-Walmart $437.68 Capital One Trade Credit-Mac's $308.55 CNH Industrial Accounts-High Plains Equipment $154.78 CNH Industrial Retail Accounts-Titan Machinery $5,589.26 Corporate Technologies $3,735.00 Dakota Implement-NAPA $3,911.63 Decorates Wearables $65.50 Devils Lake Cars $176.71 DL Chamber of Commerce/Tourism $40,751.34 DL Park Board $41,249.45 Dominic Baker $25.00 Dustin Willey $436.60 Ecolab $361.62 LIST OF BILLS FOR THE CITY OF DEVILS LAKE 1-Apr-24 VENDOR AMOUNT DUE Galls $93.87 Gessner Iron Works $20.36 hach $189.40 Hawkins $7,241.66 Ihry Insurance $91,005.00 Interstate Billing Service-Ironhide Equipment $283.05 James Moe $75.00 Jayson Duciaume $68.00 JB Vending $166.94 John Deere Financial $37,537.90 Keller's Briteway $22.00 KLJ Engineering $22,654.54 KLM Engineering $3,900.00 Lake Region E-911 Authority $31,629.60 Lake Region Heritage Center $13,239.50 Lisa Grafsgaard $879.08 Marty Foote $1,127.29 Mid-Land Excavating $1,160.00 Nathan Bennett $450.00 ND Dept of Enviromental Quality $165.00 Newby's Ace Hardware $180.13 ND Post Board $115.00 ND Dept of Transportation $450.10 Ottertail Power Co. $20,918.54 Prairie Truck & Tractor Repair $108.80 Quadient Leasing $333.39 Quill $187.73 Ramsey County Highway Dept $6,547.20 Robert Johnson $75.00 Safe Alternatives for Abused Families $8,222.00 Samuelson Welding Service $150.00 LIST OF BILLS FOR THE CITY OF DEVILS LAKE 1-Apr-24 VENDOR AMOUNT DUE Scott Bachmeier $68.00 Schwa Wholesale $79.10 Spencer Halvorson $525.00 Sue Schwab $262.99 Tanya Weiler $1,000.00 Thompson's DL Glass & Pint $375.00 Tractor Supply Credit Plan $366.92 USPS $100.00 Usable Life $604.14 TOTAL LIST OF BILLS $729,861.60

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