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City Commission

Regular Meeting

Devils Lake, ND · May 20, 2024

AgendaMinutes

Minutes

Minutes of the Devils Lake City Commission May 20, 2024 The regular meeting of the Devils Lake City Commission was held on May 20, 2024 with the following members present: President Moe, Dale Robbins, Jason Pierce, and Rob Hach. Commissioner Hach moved to approve the minutes of the regular Commission meeting held on May 6, 2024. The motion was seconded by Commissioner Robbins, and the motion carried unanimously. Hope Center 10th Anniversary Proclamation – President Moe signed the proclamation and proclaimed Thursday, June 6th, 2024 to be Hope Center Hunger Awareness Day. Recommendation of Concurrence Award – 8th Ave SE, 10th Ave SE, 16th St SE, 17th St SE – Commissioner Pierce made a motion to move this item to old business. Commissioner Hach seconded the motion, and the motion carried unanimously. Devils Lake Planning Commission – Recommendation to Amend Chapter 17.56 of Devils Lake Municipal Code Zoning Regulations Devils Lake Planning Commission – Recommendation to Make No Zoning Change Commissioner Pierce made a motion to add Amachi Mentoring to the agenda. Commissioner Robbins seconded the motion, and the motion carried unanimously. Amachi Mentoring – Brenda Bergsrud gave an update on Amachi Mentoring. She communicated how well the shelter is doing, how many beds they currently have and how many more she thinks they could have, mentioned that she has two school-aged people there and she has been in contact with the school, so they know about it. Commissioner Pierce asked about having the shelter in a different location, as he has been asked about that, and Brenda communicated that it would be difficult to do that since a lot of the people there do not have transportation and walk a majority of the places they go. Commissioner Pierce made a motion to release the $10,000 contribution from the City. Commissioner Robbins seconded the motion. The motion carried unanimously on a roll call vote. Commissioner Hach – The City Engineer communicated that the loan grant application was submitted for the automated garbage truck. The City Assessor communicated that people who live on Walnut St E and Hwy 2 should have received an assessment letter in the mail. Commissioner Hamre - The City Engineering communicated that the Utility Department is working on flushing out the hydrants. If there is discoloration to your water, just let it run for a few minutes and it should go away, but if it does not contact the City Office. Commissioner Robbins – The City Engineer communicated that there is not an update for the Street Department. The Engineering department is starting the watermain project on 8th Ave SE, 5th St SE, and 6ht St SE. The Westside project will be starting later this summer. Commissioner Pierce – The Fire Chief communicated that they have a full-time employee position open and that closes on Friday. He also mentioned that they have the fire convention in two weeks. They will be doing Fill the Boot again during Devils Run weekend at Leevers and Walmart. Commissioner Pierce mentioned that the Arbor Day celebration went very well. The Police Chief communicated that they currently have one position open that will close at the end of the month. He also mentioned that Captain Harkness has been sworn in. The City Administrator communicated that budget request memos were sent out to department heads. He also mentioned that he and Tanya, HR Consultant, are going over the salary plan. The City Attorney communicated that he does not have an update. Recommendation of Concurrence Award – 8th Ave SE, 10th Ave SE, 16th St SE, 17th St SE – The City Engineer communicated that bids were opened by NDDOT for this project on May 10th. There were two bids received. He recommended the City Commission concur with the NDDOT in awarding the bid to Gowan Construction in the amount of $2,270,837.80. Commissioner Robbins made a motion to approve the recommendation. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Contract Attorney Services – Jason Sayler, Traynor Law Firm – The City Administrator communicated that this agreement is with Jason Sayler with Traynor Law Firm. He mentioned that as stated in the agreement, it would be $110,000 per year. The retainer may be reviewed by the City and the attorney during the term of this agreement to determine if the amount of the retainer is appropriate. He also mentioned that any legal services provided by the Attorney and not included in the retainer agreement will be at a reduced rate, which rate will be 2/3 of the normal billing rate of the Attorney. Commissioner Pierce made a motion to approve the contract for attorney services. Commissioner Robbins seconded the motion. The motion carried unanimously on a roll call vote. Acknowledgement of Agreement – Devils Run – The City Engineer communicated that this agreement is to close ND19 from 6:00am on June 1, 2024 to 3:00pm on June 2, 2024. Commissioner Robbins made a motion to approve the agreement. Commissioner Pierce seconded the motion, and the motion carried unanimously. Commissioner Pierce asked about having the stoplights flashing during this time as well. Chief Toso and the City Engineer said they will look into this. Signage – 2023-2024 Championships, Boys and Girls Basketball – The City Administrator communicated that there were two options discussed, rental of billboards along the Hwy 2 corridor for a short-term duration or a permanent sign located along the roadway on Hwy 2 that meets the aesthetics of the “Welcome to Devils Lake” signs. It was mentioned that a permanent sign would cost between $50,000-$75,000 in addition to potential future costs for alterations to the signs for any future championships to be recognized. Newman Signs provided options and pricing for billboard rentals around the area. They provided a 6-month rental of one 14’X24’ billboard along Hwy 2 east of Devils Lake and one 14’X24’ billboard along Hwy 2 west of Devils Lake that fits the goals of the proposed signage. The cost for the two billboards for 6 months will be $9,975 and will be installed in June or July of this year, if approved. Commissioner Pierce made a motion to approve the signage. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Governance Structure of Devils Lake Regional Airport – The City Administrator communicated that that there are two models of airport governance in the state of North Dakota – Airport Authority and Airport as a department of a City. The Devils Lake Airport currently operates under the Airport Authority model. Other airport authorities in the state that operate as this are separate and distinct organizations, in which they provide their own administrative operations, employees, HR, financial reporting, payroll administration, etc. Over time, the City has taken responsibility of these functions on behalf of the airport. The City administers the airports finances, payroll administration, retirement, health insurance, and all other benefits that the City offers. The airport operates under the City of Devils Lake EIN, which is turning problematic with the FAA. The FAA is asserting that the airport needs to have their own UEI – only one UEI number can be associated with the EIN number. He mentioned that there are two courses of action that will resolve the current situation: 1) The City and County undertake an effort to dissolve the Airport Authority and the City of Devils Lake assumes the airport as a department of the City. 2) The Airport Authority and City separate their current integrated relationship and the Airport Authority takes on the responsibility for their own administrative processes, payroll and benefit offerings, finances, etc. It is proposed that the City of Devils Lake look to pursue a dissolution of the Airport Authority and assume the airport as a department of the City. Geraldine Bingham approached the City Commission to talk about the empty lot that is next to her house. She communicated that she, along with family and friends, has been taking care of that lot for the past 15 years and she would like to purchase said lot. The City Engineer communicated that we would not be able to just sell it, but he can look into some options and bring them forward at a later time. Commissioner Pierce moved to approve the list of bills as submitted. The motion was seconded by Commissioner Robbins. The motion carried unanimously on a roll call vote. SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION

Agenda

Monday, May 20, 2024 5:30PM CST Devils Lake Jobs Development Authority Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Meeting Items 1) Approval of Minutes – April 15, 2024 2) BND Flex Pace Request – Crowbar Properties 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 – May 6, 2024 Awards and Proclamations 1) Hope Center 10th Anniversary Proclamation 2) Recommendation of Concurrence Award – 8th Ave SE, 10th Ave SE, 16th St SE, 17th St SE Public Hearings – 5:30 PM 1) Devils Lake Planning Commission a. Recommendation to Amenda Chapter 17.56 of Devils Lake Municipal Code Zoning Regulations 2) Devils Lake Planning Commission a. Recommendation to Make No Zoning Change Bid Openings – 5:30 PM 1) N/A Visitors or Delegations *Limited to five minutes per guest, unless extended by presiding officer 1) N/A Commission Portfolios 1) N/A Old Business 1) N/A Consent Agenda 1) N/A Page 1 of 2 New Business 1) Contract Attorney Services – Jason Sayler, Traynor Law Firm 2) Acknowledgement of Agreement – Devils Run 3) Signage – 2023-2024 Championships, Boys and Girls Basketball 4) Governance Structure of Devils Lake Regional Airport 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 April 15, 2024 The regular meeting of the Devils Lake Jobs Development Authority was held on April 15, 2024 with the following members present: President Moe, Jason Pierce, Dale Robbins, Shane Hamre, and Rob Hach. Jason Pierce moved to approve the minutes of the regular Jobs Development Authority meeting held on March 18, 2024. The motion was seconded by Dale Robbins, and the motion carried unanimously. Devils Lake Park District – Dockside Entertainment Center Update – Kale Stromme and Dennis Nybo gave an update on Dockside Entertainment. They communicated that they planned to open the week of May 13th. There is still some flooring, tile, and plumbing that needs to be completed, but other than that most everything else is complete. As of now, their hours are going to be 8am-9pm, 7 days a week. The City Administrator recommended approval for release of funds in the amount of $25,000 for the sponsorship. Jason Pierce made a motion to approve the recommendation. Shane Hamre seconded the motion. The motion carried unanimously on a roll call vote. FlexPace Interest Buydown Program Request – Golden Rule – Brad Barth, Executive Director for Forward Devils Lake, communicated that this interest buydown would be for up to $100,000 over a period of 10 years. Todd Mears, owner of Golden Rule, communicated that they have stores in Rolla, Bottineau, and Wahpeton. Wahpeton will be closing on May 11th due to it needing more time than they could provide to that store. He mentioned that they are looking to purchase Gerrell’s Sports Center and they do carry a lot of the same product that Gerrell’s currently carries. He has two sons who eventually plan on taking over the business and there is one that plans to do the Devils Lake store. Him and his wife plan on being in the store 2-3 days a week and Kurt and Kevin plan on staying on for awhile to help with the transition. He mentioned how he would utilize the space in the building, what he all carries and the sizes, what their pricing is, and that they plan on transitioning on June 1st. The City Administrator communicated that Forward Devils Lake Board has reviewed the application and wanted to move forward with this. Shane Hamre made a motion to approve the interest buydown request for the Golden Rule. Rob Hach seconded the motion. The motion carried unanimously on a roll call vote. RWIP Update – Mobile Career Exploration Classroom – Brad Barth, Executive Director for Forward Devils Lake, communicated that the mobile career exploration classroom finally has a job coach. He mentioned that Ann Pollart is a former recruiter for general equipment and supplies down in Fargo and she is originally from this area. She worked for a company to help recruit employees and now she has a contract with RWIP. Brad mentioned that the are excited to get the van out and about and that the schools are excited to see what it brings to the region. SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION Minutes of the Devils Lake City Commission May 6, 2024 The regular meeting of the Devils Lake City Commission was held on May 6, 2024 with the following members present: President Moe, Dale Robbins, Jason Pierce, and Rob Hach. Commissioner Hach moved to approve the minutes of the regular Commission meeting held on April 15, 2024. The motion was seconded by Commissioner Pierce, and the motion carried unanimously. NDDOT Commemorative Coin Award – Traffic Safety – TF Rey Hennen – President Moe Presented Task Force Officer Rey Hennen with his NDDOT Commemorative Coin Award for Traffic Safety. Officer Hennen has demonstrated leadership in enforcement safety of traffic laws by issuing 448 traffic citations/arrests. Traffic enforcement statistics exhibit consistent and solid enforcement which has saved lives on North Dakota Roads. His traffic safety contributions consist of participating in occupant protection, impaired driving, and speed overtime enforcement. He also has a nonstop work ethic to put in as many hours as possible to enforce laws. Devils Lake Police Department Appreciation – Officer Darin Rixen – President Moe presented Officer Darin Rixen with his Devils Lake Police Department Appreciation award. Officer Rixen has benefited the agency and its officers through his on-duty and off-duty donated contributions, including serving multiple roles as a senior officer and helping revamp the agency lab, conference room, and patrol sergeant’s office. Life Saving – Sergeant Andrew Johnson, Officer Damond Brokke, & Officer Amber Scheen – President Moe presented Sergeant Andrew Johnson, Officer Damond Brokke, & Officer Amber Scheen with their Life Saving Award. Officer Amber Scheen responded to a call on 12/27/2023 for an approximately 60-year- old man who collapsed after playing basketball. She correctly attached the AED pads, administered the AED, and then began CPR. The male started to breathe on his own before ambulance personnel arrived. Sergeant Andrew Johnson, Officer John Mickelson (Currently with WF PD), and Officer Damond Brokke responded to a call on 09/09/2023 at a local restaurant to a 60-year-old female who was choking and completely blue and nonresponsive. Officers conducted chest compressions and cleared the airway. Her pulse was restored. Wade Sharbono – 20 years – President Moe thanked Wade Sharbono for his 20 years at the City of Devils Lake. 2024 Arbor Day Proclamation – President Moe read through the 2024 Arbor Day Proclamation and proclaimed May 17, 2024 as Arbor Day. Lake Region Ambulance Service – Sean Roed communicated that the Lake Region Ambulance Service is out of money and that the board of directors did not want to ask the taxpayers for money at this time. There are only a couple of ambulance services that are not in this situation, but they are also owned by hospitals. He communicated that the reimbursement rate being allocated by insurance companies is the reason that they are not receiving the funds from billing. He mentioned that they are asking for a signed guarantee on a short- term loan for roughly $100,000 ($50,000 from City and $50,000 from County). He mentioned that if a surrounding area closes their ambulance service, he has to pick them up. He communicated that there are five that will be closing in the near future. Each mill is worth $71,000 and they are going for roughly $600,000. If they are not able to secure a loan, they will have to close their doors due to not having the funds to remain open. The counties they cover are Ramsey, Benson, Towner, Eddy, Nelson, and Cavalier. The $100,000 will cover them until the end of July and if the tax district passes, they will be able to secure a long-term loan. Commissioner Pierce made a motion to cosign with the county with the obligations to be determined. Commissioner Robbins seconded the motion. The motion carried unanimously on a roll call vote. Safe Alternatives for Abused Families – Rob Johnson and Melandie Deplazes gave an update on Safe Alternatives for Abused Families. Rob communicated that Eventide has gifted them one of their properties that has been closed. They will move all SAAF’s and Domestic Violence shelters over there. They are hoping to take control of the property by June 1. There are a lot of things that need to be done on the campus, so they will be working on how they can get everything done. SAAF is not interested in administering a detox center, but they would be able to provide space for that type of service if there was interest. Melandie communicated that they will still have the same programs. They will also continue doing offender treatment classes for men and women and supervised visitations and exchanges. Commissioner Robbins made a motion to release the funds that were set aside last year ($5,000). Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Commissioner Hach – The City Engineer communicated that the Sanitation Department is working on spring cleanup. The City Assessor communicated that people who live on Walnut St E and Hwy 2 will be getting assessment letters within the next couple of weeks. 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 Street Department or Engineering Department. Commissioner Pierce – The Fire Chief communicated that they he spoke with an ARFF Specialist, and the best course of action will be for the Fire Department to take over the ARFF Mission on September 1, 2024. This will give the department enough time to get the airport specific training completed and prepare for the ARFF Certification courses that will be coming in late August. He also mentioned that the department would like to start advertising for the new FTE as soon as possible. The Police Chief communicated that they are looking for a new Captain. He also mentioned that they are doing a click it or ticket campaign until June. The City Administrator communicated that they received a proposal for city attorney services. The City Attorney communicated that he has been working with the Police Chief on a couple of ordinances. President Moe communicated that our community has a lot of need, and he has met with Suzie Kenner at the Devils Lake Chamber and the City Administrator. Suzie has stepped up to help organize meetings so they can discuss how to better help the community with its needs. Reject Bid – 2024 Asphalt and Concrete – The City Engineer communicated that this bid came in more than double the low bid received last year. Commissioner Robbins made a motion to approve the recommendation to reject the bid and call for bids again. Commissioner Pierce seconded the motion, and the motion carried unanimously. Recommend Award – 2024 Curb, Gutter, and Sidewalk – Commissioner Hach made a motion to award the bid to Elshaug Concrete Construction in the amount of $58,406 for 2024 Curb, Gutter and Sidewalk. Commissioner Pierce seconded the motion, and the motion carried unanimously. Recommend Award – City Project 240102 St Imp District 80-24 – Commissioner Robbins made a motion to award the bid to Mayo Construction in the amount of $1,775,424.75. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Irrevocable Standby Letter of Credit – USDA/Nodak Rural Economic Development Loan (Dockside Entertainment Center) – The City Administrator communicated that the park district received a $2 million loan, no interest. Nodak is requiring that there is an irrevocable standby letter of credit, stating that the City of Devils Lake will make the payment if for some reason that Park District cannot. The yearly payment for this loan is $210,000. Commissioner Robbins made a motion to approve the irrevocable standby line of credit. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Agreement for Installation, Operation, and Maintenance of Exterior Security Cameras for Downtown Surveillance – The City Engineer communicated that the Lake Region Heritage Center was looking to install security cameras for their own reasons, and it just happened to be in an area that the City would like to cover as well. The attached agreement outlines the cost share, maintenance, and access related to a camera system. Commissioner Pierce made a motion to approve the agreement for downtown surveillance. Commissioner Robbins seconded the motion. The motion carried unanimously on a roll call vote. Recommendation of Cost Participation, Construction and Maintenance Agreement – 8th Ave SE, 10th Ave SE, 16th St SE, 17th St SE – The City Engineer communicated that we are utilizing some federal aid funds for this project. Commissioner Robbins made a motion to approve the recommendation. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Recommend Acceptance of Outlot – Sletteland Property – The City Engineer communicated that this land should have been in the City’s name for the past 50+ years, but they could not find any documentation supporting that. They worked with the property owner, and he agreed to provide a warranty deed for the property required for the current ditch. Commissioner Robbins made a motion to approve the recommendation. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Lease of Property – Neil and Roberta Ackerman – The City Engineer communicated that this is a renewal of a cash rent agreement for property acquired for the flood protection project in 2011. Commissioner Hach made a motion to approve the lease agreement. Commissioner Pierce seconded the motion. The motion carried unanimously on a roll call vote. Budget Amendment 24-02 – SCADA System Upgrade – The City Administrator communicated that this is coming in the form of a budget amendment due to it not being included in the capital improvement plan/equipment plan. The City Engineer communicated that the SCADA system was installed with the water treatment plant construction that was completed 13 years ago. They plan to go with a more cloud-based system, so they are working with AE2S to make the change. Commissioner Robbins made a motion to approve the agreement as presented. Commissioner Hach seconded the motion. The motion carried unanimously on a roll call vote. Recommendation to Approve Lease of Property – Dennis Riggin DBA Coyote Flats Golf Center – The City Engineer communicated that the City of Devils Lake leases a small parcel of land at the intersection of Hwy 20 S and County Rd 1 to Dennis Riggin DBA Coyote Flats Golf Center. The lease agreement is a three- year lease agreement in the amount of $100/year for the lease, with payments due annually. Commissioner Pierce made a motion to approve the lease agreement. Commissioner Robbins seconded the motion. The motion carried unanimously on a roll call vote. Resolution – Adoption of Multi-Hazard Mitigation Plan – Commissioner Robbins made a motion to approve the resolution. 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 May 16, 2024, 7:00 am, City Office, 423 6th St NE, Devils Lake, ND, to review two requests: 1) allow temporary storage containers as a permitted use in heavy industrial zoning, and 2) proposed change of zoning from highway commercial to neighborhood commercial for an area adjacent to 4th Ave SE between 4th St and 8th St. 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: 5-9-24 Notice of Public Hearing The Devils Lake City Commission will hold a public hearing on May 20, 2024, 5:30 pm, City Office, 423 6th St NE, Devils Lake, ND, to review two requests: 1) allow temporary storage containers as a permitted use in heavy industrial zoning, and 2) proposed change of zoning from highway commercial to neighborhood commercial for an area adjacent to 4th Ave SE between 4th St and 8th St. 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: 5-9-24, 5-16-24 Notice of Public Hearing The Devils Lake Planning Commission will hold a public hearing on May 16, 2024, 7:00 am, City Office, 423 6th St NE, Devils Lake, ND, to review two requests: 1) allow temporary storage containers as a permitted use in heavy industrial zoning, and 2) proposed change of zoning from highway commercial to neighborhood commercial for an area adjacent to 4th Ave SE between 4th St and 8th St. 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: 5-9-24 Notice of Public Hearing The Devils Lake City Commission will hold a public hearing on May 20, 2024, 5:30 pm, City Office, 423 6th St NE, Devils Lake, ND, to review two requests: 1) allow temporary storage containers as a permitted use in heavy industrial zoning, and 2) proposed change of zoning from highway commercial to neighborhood commercial for an area adjacent to 4th Ave SE between 4th St and 8th St. 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: 5-9-24, 5-16-24 LEGAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ______ day of May, 2024, by and between the City of Devils Lake, a municipal corporation, which has an address of PO Box 1048, Devils Lake, ND 58301, party of the first part, referred to herein as “the City,” and Traynor Law Firm, PC, which has an address of 509 5th St NE, Suite 1, PO Box 838, Devils Lake, ND 58301, party of the second part, referred to herein as “Attorney.” It is hereby agreed by and between the parties as follows: 1. The ordinances of the City provide that the Mayor, with the approval of the City Commission, is to appoint various officers of the City, which include the City Attorney. Duties of the City Attorney are set out in Section 2.12.050 of the Devils Lake Municipal Code. 2. The City has appointed Attorney as its City Attorney for a term of two years. The parties wish to formalize that appointment by entering into a written agreement. The City desires to appoint Attorney as its City Attorney, and Attorney is agreeable to appointment as the City Attorney. This appointment is subject to the terms and provisions set out in this agreement. 3. The City agrees to pay the Attorney a monthly retainer to be set on an annual basis by the Devils Lake City Commission. The amount of the retainer is $110,000 per year, which equates to $9,166.67 per month. The retainer may be reviewed by the City and the Attorney during the term of this Agreement to determine if the amount of the retainer is appropriate given the volume of legal services provided to the City by the Attorney and, if necessary, to adjust the amount of the retainer. This retainer is intended to cover the following legal services: a. General advice of the Attorney given by phone, email, or letter; b. Review of contracts or agreements and provide opinions or comments, whether by phone, email, or letter; c. Attending meetings of the City Commission; -1- d. Attending meetings of the Planning Commission; e. Attending meetings of other boards or committees of the City, when requested; f. The drafting of ordinances; g. The drafting of resolutions; h. The drafting of agreements; i. The drafting of deeds; j. The drafting of other miscellaneous documents; k. Providing opinions whether written, oral, or by email; l. Representing the City in legal proceedings and providing any other legal services to the City in matters regarding or related to nuisances, blighted structures, and similar civil matters; m. Representing the City in any legal proceedings in district court; and n. Any other legal services agreed upon between the parties. 4. The following legal services are not included in the retainer: a. Any legal services which would be considered a “special project.” A matter which would be a “special project” is one that would involve extra time on the part of the Attorney. 5. Any legal services provided by the Attorney and not included in the retainer in this agreement will be at a reduced rate, which rate will be two-thirds (⅔) of the normal billing rate of the Attorney. The reduced rate, being two-thirds (⅔) of the normal billing rate of the Attorney, is currently set at $200 per hour, and said reduced rate shall not increase during the term of this Agreement. 6. The City agrees to reimburse the Attorney for all expenses incurred by the Attorney relating to the business of the City, which includes expenses for telephone, photocopying, facsimiles, postage, and mileage. 7. The Attorney agrees to provide the City with monthly billings for services rendered by the Attorney on behalf of the City which are not included in the retainer. The billings will be itemized. It is the anticipation of the Attorney that the billings will be paid on a timely basis. -2- 8. It is understood and agreed that if attorney Jason P. Sayler is unable to attend to the legal matters on behalf of the City, any other member of Traynor Law Firm, PC, may provide those services. 9. The Attorney does not guarantee that all efforts on behalf of the City will be successful; however, the Attorney does agree to use his best efforts in obtaining results on behalf of the City. 10. This agreement may be terminated by either party providing thirty (30) days written notice to the other. 11. This agreement constitutes the entire agreement made and entered into between these parties. Any term or provision not included in this agreement is a term or provision which has not been agreed to between these parties. 12. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if in writing signed by each party or an authorized representative of each party. 13. The parties agree that time is of the essence in the performance of each and every term and provision of this agreement. IN WITNESS WHEREOF, the parties have set their hands and seal the day and year first above written. CITY OF DEVILS LAKE, Party of the First Part By: ______________________________________ Jim Moe Its: President, Devils Lake City Commission -3- Attested to: By: ______________________________________ Spencer Halvorson City Administrator TRAYNOR LAW FIRM, PC, Party of the Second Part By: ______________________________________ Jason P. Sayler Its: President -4- STAFF REPORT CITY COMMISSION MEETING MAY 20, 2024 Agenda Item: Governance of Devils Lake Regional Airport Submitted By: Spencer Halvorson, City Administrator/Auditor Staff Recommended Action: No action requested There are two models of airport governance in the state of North Dakota. 1. Airport Authority (Fargo, Dickinson, Jamestown, Grand Forks) a. Airport authority operates from property tax funding for local municipalities and is governed by a separate and distinct Airport Authority Board with members appointed by the relevant City and County. 2. Airport as a department of a City (Bismarck, Minot, Williston) a. Airport budget and personnel are under the direction of the City, and reports to City Commission/Council and administrator/manager. The Devils Lake Airport operates under the Airport Authority model. Other airport authorities in the state operate as separate and distinct organizations, with their own administrative operations, employees, HR, financial reporting, payroll administration, etc. In the effort to reduce the administrative burden on the Devils Lake Airport, over time the City has taken the responsibility of these functions on behalf of the airport. The airport’s finances are administered by the City, payroll administration is conducted by the City. Retirement, health insurance, and other benefits provided to City employees are provided to airport employees. The City’s Fire Department is currently working to assume all ARFF responsibilities at the Devils Lake Airport. Recent changes in administrative requirements from the federal government for the purposes of the procurement of federal resources have made the current hybrid relationship between the City and airport problematic in the effort to receive federal grant funding. The airport currently operates under the City’s IRS Employer Identification Number (EIN). An EIN is the equivalent to an organization’s Social Security Number, Due to the FAA’s identification of the Devils Lake airport as an authority, they are asserting the airport needs to have their own Unique Entity Identifier (UEI) from the System for Awards Management (SAM). The UEI and EIN must be entities with the same name. For example, if a SAM account was created for the airport, they would need to have their own EIN with the same name. If the airport had their own EIN, it would be necessary for the airport to create its own administrative infrastructure, bank accounts, employee benefit offerings, payroll process, etc. Efforts to continue with this hybrid approach have been made with little traction and there are serious concerns that if we do not resolve this issue, future grant funding for the airport will be in jeopardy as we would not have the organizational structures in place to create the proper accounts required from the federal government. This hybrid relationship between the City and airport is entirely unique and not replicated in other parts of the state. There are two courses of action that will resolve the current situation. 1. The City and County undertake an effort to dissolve the Airport Authority and the City of Devils Lake assumes the airport as a department of the City, similar to Minot, Williston, and Bismarck. 2. The Airport Authority and City separate their current integrated relationship and the Airport Authority takes on the responsibility for their own administrative processes, payroll and benefit offerings, finances, etc. There have been a number of conversations with the relevant City Commissioners (Mayor Moe and airport portfolio holder Commissioner Hach) and airport authority management, to include the Airport Authority Board. It is the consensus of all who have assessed the situation that the airport does not have the year-to-year operational funding capacity to separate from the City and take on these responsibilities. Therefore, it is proposed that the City of Devils Lake look to pursue a dissolution of the Airport Authority and assume the airport as a department of the City. Doing so will require significant due diligence and inter-organizational collaboration with Ramsey County. Assumption of the airport authority would come with some benefits to the airport and the City, but such a merger would not be easy and would be challenging. Below are a few high-level benefits and challenges to the relevant stakeholders. Benefits of a structure change to the Airport - Operational redundancies - Financial Tools to Sustain Operational Viability - Staffing Concerns solved through interdepartmental redundancies - Administrative Capacity & Redundancy - Fixed Asset Sharing - Incorporation into City Team Benefits to the City - Allocation of Costs for City Residents - Accountability to taxpayers - Ownership of outcomes - Continuity of current administrative arrangements - Ability to support the DL Airport more efficiently Challenges to a formal City – Airport Merger - Is it a Municipal Authority or a Regional Authority? - Ownership of current circumstance by current Airport Authority Board Members - City Commission and City Staff responsibility for continuity of operations. - Ramsey County buy in and commitment Attached: - Resolution (1972) creating Devils Lake Municipal Airport Authority - Contract between City of Devils Lake and Ramsey County (1977) LIST OF BILLS FOR THE CITY OF DEVILS LAKE 20-May-24 VENDOR AMOUNT DUE AIRPORT Brenco $4,133.16 Champion Media-DL Journal $622.50 Double Z Broadcasting $600.00 Farmer's Union Insurance $9,770.00 Leevers Food $77.14 Mead & Hunt $62,738.28 MDU $693.03 ND Dept of Enviromental Quality-Boiler Inspection $330.00 Nodak Electric $928.91 ND American Legion $225.00 NDTC $290.47 Pomp's Tire Service $27.85 Scott Cruse $308.49 Sparklight Advertising $1,722.00 CITY ABM Equipment & Supply $748.78 AT & T $1,739.41 Bradley Benton $6.49 Capital One Trade Credit-Mac's $1,414.34 Caselle $1,464.00 Champion Media-DL Journal $3,082.85 Corporate Payment Systems-Bremer credit card $6,122.14 Corporate Technologies $4,145.92 Cross Country Freight $144.72 David Rader $633.45 Dempsey Truck & Trailer $4,399.33 Devils Lake Cars $498.72 LIST OF BILLS FOR THE CITY OF DEVILS LAKE 20-May-24 VENDOR AMOUNT DUE Devils Lake Volleyball Boosters $250.00 Ecolab $215.22 Farmer's Union Oil $17,210.07 Ferguson Waterworks $11,121.99 Forum Communications Company $865.00 Grand Forks Fire Equipment $1,750.00 Gradn Forks Utility Billing $22,521.53 HE Everson $1,567.78 Home of Economy $1,533.96 Information Technology $390.60 Interstate Billing-Ironhide Equipment $467.11 J & M Displays $22,500.00 JB Vending $143.22 Joshua & Carissa Bialik $135.05 Keller's Briteway $26.00 Knutson Body Shop $2,571.48 Lake Region Corporation $8,492.00 Lakeside Surveillance Lock & Key $104.34 Leevers $178.65 Leon's Building Center $8.09 Locators & Supplies $4,080.45 Minnie H Express Car Wash $225.00 MDU $1,975.32 ND Dept of Enviromental Quality $250.00 Newby's Ace Hardware $291.60 Nodak Electric $10,235.17 ND One Call $117.00 NDTC $2,266.30 Ottertail Power $891.67 Paul Arends $104.00 Paul & Sarah Young $48.15 LIST OF BILLS FOR THE CITY OF DEVILS LAKE 20-May-24 VENDOR AMOUNT DUE Peter Halbach $224.76 PH & S Products $765.00 Quality Flow Systems $231.42 Ramsey County Highway $150.00 Reeves Company $240.05 Reslock Printing Services $303.58 Safe Alternatives for Abused Families $5,000.00 Sign Solutions $587.63 St. Michel Furniture $3,024.00 Susan Walker $11.43 Swanston Equipment $586.63 The Sherwin Williams Co $4,034.00 Toshiba Business Solutions $17.70 Xtreme Signs & Graphix $660.00 Yunker Law Firm $8,333.33 TOTAL LIST OF BILLS $243,573.26

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