City Commission

Monday, June 17, 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) Pledge of Allegiance 2) Call to Order 3) Approval of Minutes – May 20, 2024 4) Housing Incentive Fund – Single Family Housing Pilot Program Application 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) Approval of Minutes – June 3, 2024 Awards and Proclamations 1) N/A Public Hearings – 5:30 PM 1) N/A Bid Openings – 5:30 PM 1) N/A Visitors or Delegations *Limited to five minutes per guest, unless extended by presiding officer 1) Devils Lake Rodeo Club – Brandon Padilla 2) Lake Region Public Library Annual Report Commission Portfolios 1) N/A Old Business 1) N/A Consent Agenda 1) N/A New Business 1) 2nd reading Ordinance #995 – Heavy Industrial District 2) Award Shade Tree Bid to Angry Beaver Tree Service 3) Appointments to Shade Tree Committee Page 1 of 2  4) Appointments to Historic Preservation Commission 5) Budget Amendment 23-08 – Budgeted to Actuals 6) Designate Official Town Newspaper 7) Liquor License Approvals for July 1, 2024 – June 30, 2025 8) Resolution to Set the Limit of Liability on Commercial Blanket Bond of the City of Devils Lake Citizen Comment 1) N/A Informational Items 1) 2023 Year End Financial Report 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 May 20, 2024 The regular meeting of the Devils Lake Jobs Development Authority was held on May 20, 2024 with the following members present: President Moe, Jason Pierce, Dale Robbins, and Rob Hach. Jason Pierce moved to approve the minutes of the regular Jobs Development Authority meeting held on April 15, 2024. The motion was seconded by Dale Robbins, and the motion carried unanimously. BND Flex Pace Request – Crowbar Properties – Brad Barth, Executive Director of Forward Devils Lake, communicated that this buydown request would be up to $12,000 for Crowbar Properties. He mentioned that this project will help with the purchase of a 4th street downtown building and continue to progress in keeping downtown Devils Lake a vibrant community attraction. Chris, with Labor Inbound, gave an update on what he does and how Crowbar Properties will be beneficial. Jason Pierce made a motion to approve the BND Flex Pace buydown request. Dale Robbins seconded the motion. The motion carried unanimously on a roll call vote. SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION  Existing Pond Phase 2 Single-Family HIF Homes  Minutes of the Devils Lake City Commission June 3, 2024 The regular meeting of the Devils Lake City Commission was held on June 3, 2024 with the following members present: President Moe, Jason Pierce, and Rob Hach. Commissioner Pierce moved to approve the minutes of the regular Commission meeting held on May 20, 2024. The motion was seconded by Commissioner Hach, and the motion carried unanimously. 2024 Asphalt and Concrete Street Repair – The City Administrator communicated that one bid was received from Tri-State Paving in the amount of $92,700. Commissioner Pierce made a motion to refer the bid to the Engineering Department. Commissioner Hach seconded the motion, and the motion carried unanimously. Commissioner Hach – The City Engineer communicated that there is not an update for the Sanitation Department. The City Assessor communicated that he has started working on annual assessments. Commissioner Hamre - The City Engineering communicated that is not an update for the Utility Department. Commissioner Robbins – The City Engineer recommended the award to Tri-State Paving in the amount of $92,700. Commissioner Hach made a motion to approve the recommendation. Commissioner Pierce seconded the motion. The motion carried unanimously on a roll call vote. The City Engineer mentioned that the watermain project is continuing on the south side of town. Commissioner Pierce – The Fire Chief communicated that they did fill the boot over Devils Run and raised about $6,400. He mentioned that the NDFA Convention will be in Devils Lake Thursday-Friday. He also mentioned that the 4th of July firework show is planned for the 4th, but if it gets rained out it will be on July 5th. Commissioner Pierce thanked Helen for lining up the plaque for Stan Orness, all of the volunteer firemen who participated in fill the boot, and he mentioned that Devils Run had around 860 cars. The Police Chief communicated that they will be doing interview for their open position on Wednesday. The City Administrator communicated that he is working with department heads on the 2025 budget plans. He also mentioned that Nodak did not accept the line of credit from the City of Devils Lake, so the Park District will have to go through a bank. He also gave a brief update on the airport and where they are at with the FAA. The City Attorney communicated that he did not write the ordinance that is on the agenda, but he did look it over. He mentioned that he would meet with the City Assessor to go over it if he would like. He also mentioned that the transition from the previous City Attorney is going well. 1st Reading Ordinance #995 – Heavy Industrial District Commissioner Hach 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  2023 ANNUAL REPORT LAKE REGION PUBLIC LIBRARY GOVERNANCE Devils Lake City Commission Jim Moe, Mayor The mission of the Lake Region Rob Hach Public Library is to enrich our Shane Hamre citizens and communities through Jason Pierce expanding access to innovation, Dale Robbins information, ideas, and inspiration. Ramsey County Commission Jeff Frith, Chair Lee Gessner Bill Hodous Blaine Volk Paul Wilhelmi Lake Region Public Library Board of Directors Jessica Fish, President Daniel Howell, Vice-President Paulette Paulson, Secretary The Lake Region Public Library Board of Cali DeMarce Directors is responsible for establishing Lee Gessner the mission and vision for the library, Dale Robbins determining the policies implemented to Benjamin Scallon govern the library, hiring and evaluating the Library Director, advocating for the Library Staff library, and overseeing the finances of Maddie Cummings, Library Director the library. Trista Beatty, Assistant Director LaVae Haaland, Children’s Librarian Katiri Bjornson, Circulation Assistant Samantha Bischof, Circulation Assistant Contact Us Hours 423 7th St NE Monday - Wednesday, Friday Devils Lake, ND 58301 9:00 am - 6:00 pm (701)662-2220 Thursday www.devilslakendlibrary.com 9:00 am - 7:00 pm Saturday 10:00 am - 3:00 pm 2023 ANNUAL REPORT | 02  2023 AT A GLANCE 2,355 Total open hours PROGRAM SAMPLES 35,573 UP Total visitors 42% 34,940 Total physical items in the collection 1,914 Total active cardholders 176 UP Total programs 25% 3,074 UP Total program attendance 165% “I really liked to see all the new activities this year - yoga and gardening and painting - keep that stuff up!” AN AVERAGE DAY IN THE LIBRARY IN 2023 101 19 People visited the library People used a computer 94 60 Items circulated Questions asked of library staff 2023 ANNUAL REPORT | 03  2023 STATISTICS & CIRCULATION 2023 2022 1,618 80000 Physical items added to the collection 2,155 Physical items removed from the collection 60000 4,483 Digital items added to the collection 18,236 40000 Website visits +16% 5,572 Public computer sessions +16% 20000 26,920 +22% 34,940 75,839 22,607 33,086 Facebook page interactions 10,479 250 0 Summer Reading Program participants Phys ic al Ite m si n D ig the 288,601 italI te C olle m si ct io n n th e Total minutes logged during SRP Ph ys C ol le ic al Ite ct io n m sC D ig irc ulat italI te ed m sC To irc ul at ta lIte ed m sC irc ul at ed “Under the new leadership of Maddie and Trista, there has been a ton of wonderful changes including access to feminine products, all sorts of inclusive books and programming, as well as the introduction of the Library of Things. Given the limited space, I’m not sure it could be expanded, but the Library of Things is a phenomenal opportunity to continue to expand upon. This gives so many access to hobbies or items they may not otherwise be able to try. I also see the library expanding upon its awesome summer activities like yoga and Zumba. Book club has also been a nice addition despite my being unable to take advantage.” 2023 ANNUAL REPORT | 04  2023 FISCAL REPORT Misc. Revenues State Aid 3% 6.2% City of Devils Lake: $103,621 City of Devils Lake Ramsey County: $133,266 38.3% State Aid: $16,868 REVENUES Grants/Private Donations: $9,030 Misc. Revenues: $7,998 Ramsey County 49.2% TOTAL REVENUES $270,783 Building/Maintenance 22% Staff Salaries & Benefits: $194,562 Print & Physical Materials: $19,574 Digital Materials/Databases 3.6% Digital Materials & Databases: $10,512 EXPENSES Print/Physical Materials Building & Maintenance: $63,433 6.8% Staff Expenditures TOTAL EXPENSES $282,825 67.5% 2023 ANNUAL REPORT | 05  FROM MADDIE 2023 was a truly great year for so many reasons. It was the first year since 2020 that there was no turnover in full-time staff. It was the year we implemented the first Summer Reading Program for adults, with amazing success and even greater feedback. It was also the first year that the number of visitors to the library was remotely close to the numbers we saw before COVID-19 changed the world in 2020. Of course, the best part of 2023 was the milestone we hit on December 22nd- the 20th anniversary of the Lake Region Public Library! Succeeding the Carnegie Library just across the street which had been open since 1910, the Lake Region Public Library was meant to be a fully accessible facility that had more space for programs and collections for patrons of all ages and abilities to enjoy. As we celebrate 20 years of fulfilling that goal, the facility has begun to show signs of aging that need to be addressed. At the end of 2023, due to its yearly issues and unsustainability of the many patches and small fixes over the past 20 years, the Lake Region Public Library Board of Directors unanimously voted to approve the replacement of the HVAC system at the Lake Region Public Library. With three of six heat pumps not working at all and therefore one heat pump needing to heat three zones of the building, it was costing thousands of dollars a year in maintenance that ultimately should have been replaced years ago. We have been working with Total Heating and Air to replace the HVAC system and completed two of three phases, with only the replacement of the final heat pump and main unit remaining. The building is reliably warm and cool as needed, maintains a comfortable and appropriate humidity for housing tens of thousands of books, and is controllable by staff with a push of a button as opposed to an out-of-town control company. With the most pressing building issue taken care of, the next steps are addressing accessibility challenges and cosmetic changes. Thanks to incredibly generous grants from the North Dakota State Library and the American Library Association, in 2024 the Lake Region Public Library will be painting the interior of the library, installing a remote access point for secure entrance to the library’s Community Room outside of regular hours, working with the Deaf and Hard of Hearing Community to better improve our services and programs for all patrons, and amending and adding our mobility-accessible entrances. We are so excited for all these initiatives and look forward to a busy year! I would like to thank Commissioner Robbins and Spencer, Brina, Jessica, Saraye, and the rest of the staff at the City of Devils Lake for all their help and collaborating with the Lake Region Public Library for the past year, and I am really looking forward to seeing where our partnership takes us in years to come. Maddie Cummings, Library Director Email 701.662.2220 2023 ANNUAL REPORT | 06  423 6th St NE Devils Lake, ND 701-662-7600 Ext 3 www.dvlnd.com Shipping Containers in Heavy Industrial Zoning • Shipping containers are required to have a move in permit to assure it meets zoning. • Shipping containers must be placed on a solid base of packed gravel, concrete, or pavement to prevent animal harborage. • Shipping containers must comply with all zoning setbacks. • Shipping containers are restricted to a maximum size of 320 SQFT. • Shipping containers will be limited to one story in height. • Shipping containers that are permanent are to be taxed as real property.  ORDINANCE NO. 995 AN ORDINANCE, WHICH UPON ADOPTION, SHALL AMEND CHAPTER 17.56 OF THE DEVILS LAKE MUNICIPAL CODE, AND WHICH ORDINANCE SHALL FURTHER CREATE A NEW SECTION TO THE DEVILS LAKE MUNICIPAL CODE, WHICH WILL BE SECTION 17.56.020(R). BE IT ORDAINED, by the City Commission of the City of Devils Lake, North Dakota, pursuant to the Home Rule Charter of the City of Devils Lake as follows, Section 17.56.020, shall be amended and shall now provide as follows: 17.56.020 Permitted uses. A. Accessory uses; B. Agricultural chemical production and storage; C. Animal hospitals and kennels; D. Any industrial or manufacturing operations provided that: (1) Dust, fumes, odors, smoke, vapor, noise, lights and vibration shall be confined within the I-HVY district, and (2) Outdoor storage, equipment and refuse areas shall be concealed from view from abutting rights-of-way and adjoining residential districts; E. Any production, processing and treatment of products such as battery and tire service, concrete and asphalt products, dairy processing, bottling works, ice and cold storage plants, machine and sheet metal shops provided that all operations be conducted entirely in enclosed buildings; F. Building material and supply establishments; G. Contractor’s yards and construction shops; H. Asphalt and concrete patching plants and concrete casting; I. Feed and seed stores; J. Frozen food lockers; K. Electric power production and substations; L. Fuel sales establishment including bottle gas; M. Public utility buildings including water and waste water facilities and accessories; N. Radar stations and towers; O. Radio and television stations and studios; P. Salvage yards provided with appropriate solid fencing material at least six feet high and shall not be located within five hundred feet of any residential area; Q. Storage and warehousing establishments; R. Storage containers (Conex boxes, TriCons, Milvans, etc.) as approved by the building inspector S. Storage yard but not salvage yards; T. Watchman and caretaker living areas; U. Weighing stations; V. Wholesaling establishments. Passed First Reading: __June 3, 2024__________ Passed Second Reading: ______________________ Final Passage and Adoption: ______________________ CITY OF DEVILS LAKE By:___________________________________ Jim Moe, President Devils Lake City Commission ATTEST: ______________________________________ Spencer Halvorson City Administrator/Auditor  STAFF REPORT CITY COMMISSION MEETING June 17, 2024 Agenda Item: Designate Official Town Newspaper Submitted By: Spencer Halvorson, City Administrator/Auditor Staff Recommended Action: Designate the Devils Lake Journal as the Official Town Newspaper Per NDCC 40-01-09, the governing body of the City is to designate the City’s official newspaper every year. As would be consistent with standard practice, the newspaper published within the City is typically designated as the towns newspaper. The City’s longtime official newspaper has been the Devils Lake Journal.  CITY OF DEVILS LAKE PERMIT & LICENSE HOLDERS EFFECTIVE JULY 1, 2024 - JUNE 30, 2025 LIC # RETAIL LIQUOR LICENSE HOLDERS - $2,325.00 CLASS 1 ELKS LODGE #1216 1 2 VETERANS OF FOREIGN WARS, POST NO. 756 1 4 KNIGHTS OF COLUMBUS BUILDING ASSOC. 1 7 APPLE LAKE, INC. - DBA/APPLEBEE'S NEIGHBORHOOD GRILL AND BAR 2 11 COUNTY BOTTLE SHOP, INC./DBA LIQUOR LOCKER - ROBERT, BETH, & JAMES LEEVERS 4 12 RAZOR RAY'S RAZOR'S EDGE, LLC - RAYMOND BELFORD 4 13 NELLIE'S BAR & LOUNGE, INC. - CHUCK AND HELEN NELSON 4 14 COUNTY BOTTLE SHOP, INC. - ROBERT, BETH, AND JAMES LEEVERS 4 15 YE OLDE TAVERN, LLC - SHANE AND LISA DISETH 4 16 MIDWAY PROPERTIES, INC. - DBA/LAKES LIQUOR - JAMES MELLON & BRYAN GOEHRING 4 17 OZARK SPIRITS, LLC - DBA/WALMART, INC. #1695 4 18 THIRSTY'S, LLC. - SARAH BERGERON 4 19 PROZ, INC. - DBA/PROZ END OF THE LINE - RICHARD & LOUISE PROZINSKI 4 20 POP'S PACKAGE STORE, LLC - ROBERT AND DARLA MILLER 4 23 KAEREN ACCOMMODATIONS, INC - DBA/FIRESIDE INN & SUITES - MITCHELL AND CAROL RHEN 4 24 RESTAURANT OPERATIONS, INC. - DBA/THE RANCH STEAKHOUSE - JOEL ELVRUM 2 30 ANNA'S COCINA, INC. - ANNA QUINONEZ 2 LIC # HOTEL LICENSE HOLDERS - $1,500.00 CLASS 27 LAKE REGION HOTEL GROUP, LLC - DBA/COBBLESTONE HOTEL AND SUITES 8 LIC # RETAIL WINE/BEER ONLY LICENSE HOLDERS - $500.00 CLASS 26 COYOTE PZZERIA-CITY PLAZA PROPERTIES, LLC 6 28 OLD MAIN STREET CAFE-PETER AND DARLENE HOFFART 6 LIC # MICRO-BREWERY LICENSE-$700.00 CLASS 1 BLACK PAWS BREWING COMPANY, LLC-JEB OEHLKE X PAWNBROKER LICENSE HOLDERS - $50.00 CLASS BEAVER'S PAWN SHOP, INC.-ROGER & FERN BEAVER 1 RIFLE RANGE PERMIT HOLDER - $10.00 LAKE REGION SHOOTING SPORTS ASSOCIATION TAXICAB/LIMOUSINE LICENSE HOLDERS FIRST CAB $25, ADDITIONAL CAB $10, DRIVER $35 JET'S TAXI SERVICE-GARY REIGER **NO DELIQUENT TAXES  City of Devils Lake 423 6th St NE PO Box 1048 Devils Lake, ND 58301 www.dvlnd.com RESOLUTION TO SET THE LIMIT OF LIABILITY ON THE COMMERCIAL BLANKET BOND OF THE CITY OF DEVILS LAKE, NORTH DAKOTA WHEREAS, The Board of City Commissioners of the City of Devils lake, North Dakota (The “City”) finds and determines that it is necessary to keep the current level of liability on the Commercial Blanket Bond at $2,000,000. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Under ND Century Code #40-13-02, the bond must be an amount fixed by the governing body of the City, and set by resolution each year, normally in June. The amount should be at least equal to 25% of the average amount of money that has been subject to the auditor’s control during the preceding fiscal year as determined by the total of the daily balances of the auditor for the calendar year divided by the figure three hundred or the sum of 250,000 whichever is least. Adopted this 17th day of June, 2024. ATTEST: CITY OF DEVILS LAKE ________________________ _______________________ Spencer Halvorson Jim Moe, President City Administrator/Auditor Devils Lake City Commission The motion for the adoption of the foregoing resolution was duly made by Commissioner __________________, seconded by Commissioner __________________ and upon vote being taken thereon, the following voted in favor: Commissioners ____________________________________________, the following voted against the same: _______________________________________, and the following were absent: ____________________________; whereupon said resolution was declared duly passed and was signed by the President of the City Commission and by the City Auditor.  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 17-Jun-24 VENDOR AMOUNT DUE AIRPORT ARFF Specialists $5,400.00 Benson County Farmer's Press $84.50 Champion Media-DL Journal $625.00 Dennis Olson $250.00 Double Z Broadcasting $500.00 Kotaco Fuels $235.90 Lakota American $107.25 Leevers Foods $68.39 Mead & Hunt $4,224.77 Midco $17.32 MDU $345.06 NDTC $297.03 Pomp's Tire Service $34.05 Scott Cruse $2,985.00 Sparklight Advertising $1,720.00 Steve Herrick $12.00 CITY Advance Auto Parts $22.04 Advanced Business Methods-Central Business $370.91 Alex Air Apparatus $20.80 Amazon Capital Services $1,301.92 Aramark $960.76 Baker & Taylor $1,027.31 Bergstrom Electric $872.24 Blackstone Publishing $191.94 Bremer Bank-Credit Card $1,737.91 Butler $408.95  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 17-Jun-24 VENDOR AMOUNT DUE Caselle $1,523.00 Champion Media-DL Journal $5,076.59 CNH Industrial Accounts-High Plains Equipment $101.25 Colibri System $306.88 Coporate Payment Systems-Old Credit Card $1,099.93 Corporate Technologies $375.00 David Rader $633.45 Decorated Wearables $3,110.82 Defense Technology $205.91 Dept of Enviromental Quality $198.60 DL Greenhouse $1,435.62 DFW Airport $1,450.00 Double Z Broadcasting $1,205.00 Exhaust Pros $317.00 Farmer's Union Oil $18,123.48 Ferguson Waterworks $9,504.80 Gerrells $1,880.00 Gessner Ironworks $847.34 GF Utility Billing $26,312.40 Guy Callendar $540.00 HE Everson $975.21 Hawkins $10,473.22 Home of Economy $569.90 Ian Ulrich $95.52 Information Technology Dept $397.70 Intrstate Billing $2,900.12 Interstate Towing $1,627.23 JB Vending $611.70 Joe & Bros Mow for Dough $7,650.00 John Setteland $1,800.00 Keller's Briteway $65.00  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 17-Jun-24 VENDOR AMOUNT DUE KLJ Engineering $590.71 Lake Region Corporation $8,492.00 Lake Region Law Enforcement $49,943.73 Land Surveying Services $200.00 LEAF $759.28 Leevers $54.75 Matthew Bender-Lxis Nexis $81.60 Mid-Land Excavating $2,247.50 Minnie H Express Car Wash $225.00 Modern Marketing $2,508.05 MDU $864.86 National Fire Protection Ass $225.00 ND Dept of Health $450.00 NDTC $1,947.94 ND Dept of Transportation $1,045.47 Northstar Auto $113.00 Nutrien Ag Solutions $3,050.00 O'Reilly's Automotive $16.78 ND One Call $153.00 Ottertail Power $662.11 Pomp's Tire Service $2,486.98 Prairie Truck & Tractor $53.91 Quadient Leasing $333.39 Ramsey Coutny Highway $5,832.93 Reslock Printing $173.90 RKO Print & Promo $3,923.72 Ruthless Pest Control $649.98 Sandberg Tech of ND $56.00 Schmaltz's Greenhouse $24,260.96 Service Tire $901.94 Sign Solutions $901.02  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 17-Jun-24 VENDOR AMOUNT DUE State of Chemistry Lab $198.60 Stone's Mobile Radio $375.00 Swanston Equipment $362.48 The Sherwin Williams Co. $1,199.00 Toshiba Business Solutions $17.70 Total Heating & Air $17,060.00 Tista Beatty $7.03 WD Larson Companies-Allstate Peterbilt $192.33 Western Asphault $2,929.62 Xpress Bill Pay $412.17 Yunker Law Firm $8,333.33 TOTAL LIST OF BILLS $269,526.49