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City Commission

Regular Meeting

Devils Lake, ND · April 15, 2024

AgendaMinutes

Minutes

Minutes of the Devils Lake City Commission April 15, 2024 The regular meeting of the Devils Lake City Commission was held on April 15, 2024 with the following members present: President Moe, Dale Robbins, Jason Pierce, Shane Hamre and Rob Hach. Commissioner Robbins moved to approve the minutes of the regular Commission meeting held on April 1, 2024. The motion was seconded by Commissioner Hach, and the motion carried unanimously. 2024 Curb, Gutter, and Sidewalk – The City Administrator communicated that we received one (1) bid from Elshaug Concrete. The bid amount was for $58,406. The City Attorney confirmed that Elshaug Concrete had a contract license. Commissioner Hach made a motion to refer the bid to the Engineering Department for review. Commissioner Robbins seconded the motion, and the motion carried unanimously. 2024 Asphalt and Concrete Street Repair – The City Administrator communicated that we received one (1) bid from Strata Corporation. The bid amount was for $193,250. The City Attorney confirmed that Strata Corporation had a contract license. Commissioner Robbins made a motion to refer the bid to the Engineering Department for review. Commissioner Pierce seconded the motion, and the motion carried unanimously. Commissioner Hach – The City Engineer communicated that garbage pickup will hopefully be moved back to the alley on April 29th. The City Assessor communicated that during the board of equalization meeting we failed to make proper motions, so that will be brought forward at the next meeting. Commissioner Hamre - The City Engineering communicated that there is not an update for the Utility Department. Commissioner Robbins – The City Engineer communicated that bids will be opened for the Westside Project on April 25th at noon in the Commission Chambers. He also mentioned that the Street Department is working on crack sealing, pot hole patching, street sweeping, and alley work. Commissioner Pierce – The Fire Chief communicated that they are working on repairing the street lights. The Interim Police Chief communicated that they have been dealing with juveniles being out past curfew, so their guardians are being cited for that. The City Administrator gave an update on quarter one utilities, sales tax, and investment portfolio. He also mentioned that one of the Chief of Police candidates had withdrew. The City Attorney communicated that he has been working with the Fire Chief to stay on top of the Nuisance/Junk ordinances. City Attorney Services – The City Administrator communicated that the current City Attorney has expressed willingness to continue providing legal services to the City beyond his resignation date of April 30th, 2024. He is willing to do so at the current contracted rate through June 30th, 2024. If the City does not have an appointed attorney by that time, the law firm’s standard hourly rate would be charged for the remainder of the arrangement. Commissioner Pierce made a motion to approve the services with the City Attorney. Commissioner Robbins seconded the motion. The motion carried unanimously on a roll call vote. Air Rescue Fire Fighting Mission – City of Devils Lake and Devils Lake Regional Airport – The City Administrator communicated that himself, Commissioner Pierce, and the Fire Chief met with the airport authority board at their meeting on April 8th. After communicating to the full airport authority the City’s terms for assumption of the ARFF operations, they approved and committed to the following: 1) Reducing the airport’s FTE by one 2) Committing $25,000 from the airport’s operations account for one-time start-up expenses 3) Assisting the City in applying for future grants with the FAA and other federal agencies in the effort to replace major pieces of necessary equipment (SCBA’s and the ARFF truck) 4) Taking a revenue reduction from the City to compensate for the reduced personnel expenses in the airport’s operating budget. Commissioner Hamre made a motion to add one FTE to the Fire Department. Commissioner Pierce seconded the motion. The motion carried 4-1 on a roll call vote. Adjustment to Grade and Step – Assistant Fire Chief – The City Administrator communicated that it has been asserted that with the pending assumption of ARFF responsibilities at the airport, a grade adjustment for the Assistant Fire Chief from a 13 to a 15 is warranted. The Fire Chief briefly discussed the duties that the Assistant Fire Chief will be taking on if they do ARFF responsibilities. There is also a memo from the HR Consultant attached to the agenda. Commissioner Hamre made a motion to approve the motion. Commissioner Pierce seconded the motion. The motion carried unanimously on a roll call vote. Engineering Agreement – Highway 2 Lighting – The City Engineer communicated that street lights are going to be extended on Highway 2 from Gouldings Road to Eash of Urban Limits. He also went over the agreement that is attached to the agenda. Commissioner Pierce made a motion to approve the agreement for highway 2 lighting. Commissioner Robbins seconded the motion, and the motion carried unanimously. Approval of Grant Application – Automated Sanitation Truck – The City Engineer communicated that the City had budgeted for a $300,000 read loading garbage truck to replace an existing one that is currently being used. He mentioned that an automated system will provide larger residential cans, 64 and 96 gallons, rather than the 32 gallon that is currently used. It is estimated that switching to an automated system will cost between $600,000 and $650,000. Switching to this system will allow the department to operate with one less employee, which would save the City an estimated $80,000 per year. The Sanitation Supervisor communicated that he recently went on a garbage route with an automated truck for a few hours and got quite a bit of questions answered. The recommendation is to appoint the City Engineer as the authorized representative to apply for USDA grants. He also recommends the City Commission support the Sanitation Department in continuing to evaluate an automated residential collection system to see if it is the best option for the City. Commissioner Hamre made a motion to approve the recommendations. Commissioner Robbins seconded the motion, and the motion carried unanimously. Declaration of Surplus Property – The City Administrator communicated that it is recommended to declare the attach list of property surplus. Commissioner Hamre made a motion to approve the declaration of surplus property. Commissioner Pierce seconded the motion, and the motion carried unanimously. Mark Olson, with Mark’s Greenhouse, asked about receiving a bid for the flowers that go downtown and he had heard that we are getting them from Anamoose this year. The City Engineer communicated that we are getting them from Anamoose. The reasoning behind this was that they have a potting system where the flowers will not need to be watered everyday and the Street Supervisor was getting talked to about how nice the flowers look/stay in Carrington, so they did some looking into it. Commissioner Robbins moved to approve the list of bills as submitted. The motion was seconded by Commissioner Hach. The motion carried unanimously on a roll call vote. SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION

Agenda

Monday, April 15, 2024 5:30PM CST Directly following BOE Meeting Devils Lake Jobs Development Authority Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Meeting Items 1) Approval of Minutes – March 18, 2024 2) Devils Lake Park District – Dockside Entertainment Center Update 3) FlexPace Interest Buydown Program Request – Golden Rule 4) RWIP Update – Mobile Career Exploration Classroom Directly following JDA Meeting City Commission Meeting Agenda Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Meeting Items 1) Call to Order 2) Pledge of Allegiance 3) Approval of Minutes – April 1, 2024 Awards and Proclamations 1) N/A Public Hearings – 5:30 PM 1) N/A Bid Openings – 5:30 PM 1) 2024 Curb, Gutter, and Sidewalk 2) 2024 Asphalt and Concrete Street Repair Visitors or Delegations *Limited to five minutes per guest, unless extended by presiding officer 1) N/A Commission Portfolios 1) Utility Quarterly Update 2) Sales Tax Quarterly Update 3) Investment Portfolio Update Old Business 1) City Attorney Services 2) Air Rescue Fire Fighting Mission – City of Devils Lake & Devils Lake Regional Airport Consent Agenda 1) N/A Page 1 of 2 New Business 1) Adjustment to Grade and Step – Assistant Fire Chief 2) Engineering Agreement – Highway 2 Lighting 3) Approval of Grant Application – Automated Sanitation Truck 4) Declaration of Surplus Property Citizen Comment 1) N/A Informational Items 1) N/A Motion to approve payment of the list of bills as submitted. The City of Devils Lake may convene in an executive session as provided by NDCC 44-04-19.2 to consider and discuss closed or confidential records and information, negotiating strategy or negotiating instructions as provided by NDCC 44-04-19.1, 44-04-19.2, 44-04-18.4. Page 2 of 2 Minutes of the Devils Lake Jobs Development Authority March 18, 2024 The regular meeting of the Devils Lake Jobs Development Authority was held on March 18, 2024 with the following members present: President Moe, Jason Pierce, Dale Robbins, and Rob Hach. Rob Hach moved to approve the minutes of the regular Jobs Development Authority meeting held on January 16th, 2024. The motion was seconded by Dale Robbins, and the motion carried unanimously. Jason Pierce moved to approve the minutes of the regular Jobs Development Authority meeting held on February 5th, 2024. The motion was seconded by Dale Robbins, and the motion carried unanimously. Woodland Resort PACE Interest Buydown – Brad Barth, Forward Devils Lake Executive Director, communicated that Woodland Resort would like to expand. The expansion consists of over $5 million dollars of state, Rural Electric Coops and Bank of ND/First United Bank financing. Woodland’s request is for the City JDA to provide up to $125,000 of BND Primary Sector PACE Tourism interest buydown support. The BND PACE interest buydown payments are annual payments over a 10-year period, with the total amount to then be repaid to the City of Devils Lake JDA over a 5 year payback period with a no interest loan with monthly payments. Kyle Blanchfield, owner of Woodland Resort, presented their plans for the new building and talked a little about what events they would be able to all have there. Dale Robbins made a motion to approve Woodland Resort PACE Interest Buydown. Jason Pierce seconded the motion. The motion carried unanimously on a roll call vote. 2021 City Audit Expense Contribution – The City Administrator communicated that the JDA portion of this bill would be $7,500. The state auditors had spent quite a bit of time reviewing the JDA loans receivables/payables, so this amount would be allocated for the time spent on that. Jason Pierce made a motion to approve the 2021 City Audit Expense Contribution. Rob Hach seconded the motion. The motion carried unanimously on a roll call vote. SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION 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 CALL FOR BIDS Sealed bids will be received by the Board of City Commissioners until 5:00 pm, April 15, 2024, for “2024 Curb, Gutter and Sidewalk”. Bids will be opened and publicly read at City Office, 423 6th St NE, Devils Lake, ND at 5:30 pm, April 15, 2024. Copies of the plans and specifications are available in the office of the City Engineer, City Offices, 423 6th St NE, PO Box 1048, Devils Lake, ND, 58301. The Board of City Commissioners reserve the right to reject any or all bids, to waive technicalities, or to award each section of the project individually, or in any combination thereof, that is deemed in the best interest of the City. Each bid must be labeled on the outside of the envelope with the following: 1. Name of the person/firm submitting bid. 2. Must be marked “2024 Curb, Gutter and Sidewalk Bid”. 3. Bidder must include a two percent (2%) bid bond or certified check and copy of current contractor’s license with the proposal for consideration. For legals: 3-26-24,4-2-24, 4-9-24 CALL FOR BIDS Sealed bids will be received by the Board of City Commissioners until 5:00 pm, April 15, 2024, for “2024 Asphalt and Concrete Street Repair”. Bids will be opened and publicly read at City Office, 423 6th St NE, Devils Lake, ND at 5:30 pm, April 15, 2024. Copies of the plans and specifications are available in the office of the City Engineer, City Offices, 423 6th St NE, PO Box 1048, Devils Lake, ND, 58301. The Board of City Commissioners reserve the right to reject any or all bids, to waive technicalities, or to award each section of the project individually, or in any combination thereof, that is deemed in the best interest of the City. Each bid must be labeled on the outside of the envelope with the following: 1. Name of the person/firm submitting bid. 2. Must be marked “2024 Asphalt and Concrete Street Repair”. 3. Bidder must include a two percent (2%) bid bond or certified check, and copy of current contractor’s license with the proposal for consideration. For legals: 3-26-24, 4-2-24, 4-9-24 STAFF REPORT City Commission Meeting April 15, 2024 Agenda Item: City Attorney Services Submitted By: Spencer Halvorson, City Administrator/Auditor Staff Recommended Action: Consider the proposal for the current City Attorney to continue providing legal services until a new attorney is appointed The City Attorney has expressed his willingness to continue providing legal services to the City beyond his resignation date of April 30, 2024. If the Commission would like the current City Attorney to serve in that capacity until another attorney is appointed, he is willing to do so at the current contracted rate through June 30, 2024. If the City does not have an appointed attorney by that time, the law firm’s standard hourly rate would be charged for the remainder of the arrangement. LIST OF BILLS FOR THE CITY OF DEVILS LAKE 15-Apr-24 VENDOR AMOUNT DUE AIRPORT Benson County Farmer's Press $84.50 Capital One-Walmart $117.80 Dennis Olson $250.00 Double Z Broadcasting $500.00 Gleason Construction $60.00 Home of Economy $80.97 Klemetsrud Plumbing $108,189.00 Leevers $139.67 Lakota American $71.50 Midco Business $496.98 MDU $1,181.51 Nodak Electric $1,883.74 NDTC $296.91 Scott Cruse $525.00 Sparklight Advertising $1,768.00 CITY Alex Schwab $76.97 Amazon Capital Services $970.55 Aramark $826.52 AT & T $1,502.86 Axon Enterprise $11,760.00 Baker & Taylor $618.71 Bank of ND $190,831.68 Bergstrom Electric $906.32 Bert's Truck Equipment $300.10 Bibliotheca $2,059.95 Butler Machinery $136.87 LIST OF BILLS FOR THE CITY OF DEVILS LAKE 15-Apr-24 VENDOR AMOUNT DUE Carrot Top Industries $3,245.14 Caselle $1,464.00 Central Bussiness Systems-Advanced Business Methods $1,457.72 Champion Media-DL Journal $1,250.71 Ciox Helath $20.00 CivicPlus $2,536.60 Corporate Payment Systems $5,856.42 Corporate Technologies $450.00 David Rader $633.45 Duke's Car Wash $15.00 Ecolab $215.22 Farmer's Union Oil $17,715.15 Forum Communication $800.00 Gerrell's $2,097.30 Gessner Ironworks $995.40 GF Fire Equipment $596.25 GF Utility Billing $20,396.26 Guy Callender $420.00 Hanson Painting Service $14,700.00 Harold's Auto Marine & Electric Motor $1,948.70 Home of Economy $1,136.92 Information Technology Dept $373.35 Inteerstate Billing Service-Ironhide Equipment $1,076.10 JB Vending $220.83 Johnson Controls $1,092.70 Johnson Controls Fire Protection $789.00 Keller's Briteway $85.00 Klemetsrud Plumbing $901.73 L-Tron Corporation $393.75 Lake Region Corporation $8,492.00 Lake Region Law Enforcement Center $15,353.58 LIST OF BILLS FOR THE CITY OF DEVILS LAKE 15-Apr-24 VENDOR AMOUNT DUE Lake Region Sheet Metal Corporation $266.67 Lamotte's Paint & Glass $6,355.49 Land Surveying Service $1,195.00 LEAF $443.91 Leevers $43.45 Mark's Greenhouse $56.00 Mark's Hwy2 Service $419.77 MDU $2,997.16 Motorola Solutions $6,220.00 Newsbank $808.00 Northland Trust Services $17,781.25 ND One Call $34.75 North Cantral Granite $3,352.94 NDTC $379.90 O'Reilly's Automotive $155.58 Ottertail Power Co $1,047.62 Overdrive $1,000.00 Petty Cash $153.49 Prairie Truck & Tractor Repair $371.90 Quill $831.39 Railroad Management Co. $966.04 Regents of the University of MN $138.00 Sandberg Tech of ND $56.00 Sanitation Products $241.22 Senior Meals & Services $120.00 Service Tire $1,034.60 Setco $5,772.12 State Bar Association $12.95 Stone's Mobile Radio $832.45 Toshiba Business Solutions $17.70 Wang's Welding & Machining $150.00 LIST OF BILLS FOR THE CITY OF DEVILS LAKE 15-Apr-24 VENDOR AMOUNT DUE Xpress Bill Pay $441.99 Xtreme Signs & Graphix $605.00 Yunker Law Firm $8,333.33 TOTAL LIST OF BILLS $495,000.06

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