City Commission

Tuesday, September 3, 2024 5:30PM CST 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 – July 25, 2024 - Special Budget Meeting 3) Approval of Minutes – August 1, 2024 - Special Budget Meeting 4) Approval of Minutes – August 19, 2024 Awards and Proclamations Public Hearings – 5:30 PM 1) Planning – Annexation/PUD Zoning – Resort along Highway 20 South 2) Planning – Conditional Use Permit – Apartment at 322 3rd Ave NE 3) Planning – Special Use Permit – Emergency Shelter at 302 7th Ave NE Bid Openings – 5:30 PM 1) N/A Visitors or Delegations *Limited to five minutes per guest, unless extended by presiding officer 1) LRSC Booster Club – Consideration of future “Extension of Premises at Special Event” permit for LRSC Hockey games Commission Portfolios Old Business Consent Agenda New Business 1) Change Order #3 – Kemper Construction – Project 230201 – Watermain, 2nd St NE and South Side 2) Pay Estimate #9 – Kemper Construction – Project 230201 – Watermain 2st NE and South Side 3) Pay Estimate #1 – Mayo Construction – Project 240102 – Street Improvement West Side Page 1 of 2 Citizen Comment 1) N/A Informational Items 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  MEETING MINUTES OF THE CITY COMMISSION OF THE CITY OF DEVILS LAKE, ND SPECIAL MEETING JULY 25, 2024 The special meeting of the Devils Lake City Commission was held on July 25, 2024 with the following members present: President Moe and Commissioners Hach, Pierce, and Uhlenkamp. LAKE REGION HERITAGE CENTER Lisa Crosby with the Lake Region Heritage Center presented their budget request to the City Commission. She requested the standard 1.5 mills for operations and $7,500 for part-time staff support. LAKE REGION PUBLIC LIBRARY Maddie Cummings with the Lake Region Public Library presented their budget request to the City Commission. Her budget request reflected 4.0 mills from Ramsey County and 5.66 mills from the City. Ms. Cummings articulated her plans to move the part-time Children’s Librarian position into a full-time position. She said the personnel costs were the biggest differences between her budget requests in previous years. Ms. Cummings said the purpose of this new full-time position would be to further serve and engage the youth in the community. She relayed the programming successes they have seen over the past two years. She said circulation has increased over the past years and that children are heavily using the library’s services. Ms. Cummings showed that the requested budget reflects all employees having a single health insurance plan. If that changed, she said they would have a structure in place to fund it through the end of a fiscal year using grant funding or operational reserves. She said they would make it a contract position with renewal based on performance and fund availability. Ms. Cummings said it would be the intention to apply for grants to help support the full-time Children’s Librarian position. President Moe asked the City Administrator if he had any questions. The City Administrator said really all the City is doing is approving mills. He said the Library has a shared governance structure since Ramsey County also levies mills. He said the Library Board makes those policy decisions for the Library, with heavy influence from the City and the County. The City Administrator said he spoke with Ms. Cummings before the Commission meeting. He stressed that there was a real reality where the health insurance line item in future years could be much higher if the employees or new employees enrolled in more than just a single plan. He said that is concerning given the County is already levying their max of 4 mills and the City near their max of 6. He said it is not pleasant to let go of employees, especially if they and their family are depending on the job for health insurance. He said if the Library Board moves forward with this, they would be leaving their flank open to one day having an undesirable budget situation. Ms. Cummings said they can also get some State Aid, which is dependent of staffing, programming, and services. The City Administrator said that if the Library Board wants to move forward with it, they can. He said he would implore the Library Board not to pursue it. He said if they do pursue it, there are risks of unforeseen budget circumstances down the road and they would be leaving their flank open. Daniel Howell with the Library Board addressed the Commission. He said the Library has come a long ways since Maddie took over. She said Maddie has applied for a lot of grants. He talked about all the good programming that has occurred at the Library. He said the Library Board will likely continue pursuing getting this full-time position. He said if having the position becomes untenable, they can easily amend their strategy. He said having employees on expensive health insurance plans is always a risk and government isn’t about making money and supporting the community costs money. He said not pursuing the position would limit the progress the library is on track to make in the next few years. President Moe thanked Mr. Howell for the added information. He said the library is authorized to pursue the position but there are clearly risks with doing so. He said the City would not be able to provide further funds if needed to keep the position. DEVILS LAKE REGIONAL AIRPORT Scott Cruse with the Devils Lake Regional Airport presented their budget request to the City Commission. He said they are looking at losing close to $100,000 due to the City reducing their mill levy due to assuming the ARFF mission. He said expenses like electricity and heat are predicted to go up due to now having a much larger terminal. He said they are hoping to redo the terminal lease with Sky West, increase landing fees, and renegotiate their lease with TSA which will bring in a little extra revenue. Mr. Cruse said most of the grants they receive are for improvements and can’t be used for operations. Commissioner Pierce said it was disheartening to see the prices of everything going up. Airport Authority Board Chairman Dennis Olson addressed the Commission. He said they have been receiving 4 mills from the City for as long as he has been on the Authority. He said since then, their expenses have increased dramatically and will increase further due to the terminal expansion project. He said somewhere down the road they will need to find a way to generate more income. He said they have been going in the hole the last few years. Mr. Cruse said with the FAA’s new formula, the Airport may be in line to receive additional AIP funding from the FAA, but that it must be used for improvements and not operations. He said a lot of the money will require a local share to receive as well. President Moe asked if the City can give 6 mills to the Library why it couldn’t give more that 4 to the Airport. Commissioner Hach said the limits are placed by state statute. The City Administrator said there is a reduced mill levy allocation because the City added a firefighter to the Fire Department. He said the Fire Department does not need seven FTE to provide fire protection services to the City, it needs six and therefore funding was diverted from the airport to the general fund in the effort to assume of the mission budget neutral. He said this was the understanding between the City and Airport when the City assumed the ARFF mission. Commissioner Pierce asked if they considered charging for parking. Commissioner Hach said free parking is one of the perks of flying out of Devils Lake. The City Administrator said part of the conversation surrounding revenue sources goes hand in hand with the governance structure of the airport and previous conversations that have occurred around that. He said there are different models of governance structure, and it needs to be cleared up. He said he knows the City has more tools in its tool belt to raise revenue than regional or municipal authorities. Commissioner Pierce said he has concerns with making departments like the Library and Airport dependent on grant funding because you can’t guarantee those grants will always be there. ENTERPRISE FUND REVIEW 1) WATER The City Administrator communicated the following related to the Water Department’s proposed 2025 Budget. - No suggested rate increases - Revenue projections same as 2024 budget - Increased equipment maintenance line item from $15,000 to $25,000 - Hamar Wells Gas, Oil, and Grease budgeted at $7,500. - Safety Equipment – New Shoring budgeted at $20,000 - Equipment – Hydro Excavator for $75,000 offset by Water Equipment Reserve 2) SEWER The City Administrator communicated the following related to the Sewer Department’s proposed 2025 Budget. - No suggested rate increases - Revenue projections same as 2024 projected - $1,000,000 - Increased equipment maintenance line item from $8,000 to $12,000 - Equipment – Ford Tractor for $60,000 offset by Sewer Equipment Reserve The City Engineer referenced the adequate reserve accounts related to storm and sewer stations the City operates. He stressed that the maintenance on those pieces of infrastructure can be expensive and the importance of maintaining those reserves. The City Engineer said that as part of the Capital Improvement Plan, Ford Lift Station improvements are included for consideration. He said most of the equipment used to operate the lift station is from 1978 and runs well, but new technology can be implemented all while possibly being prone to more glitches. President Moe communicated some safety concerns present when doing necessary work at the Ford Lift Station. He said he would like to see improvements to the Ford Lift Station in the Capital Improvement Plan. 3) SANITATION The City Administrator communicated the following related to the Sanitation Department’s proposed 2025 Budget. - Rate and Fee suggested increases ($88,000 in projected additional revenue) o 5% increase on roll-offs – $10,000 o Base rate change from $12 to $13 – $30,000 o Volume charge from $11.50 c/yd to $12.00 – $45,500 o Special Pickup base change from $22 to $25 – $2,500 - Increased equipment maintenance line item from $50,000 to $60,000 - Equipment - New Truck – 300,000 offset by equipment reserve o If automated, any excess beyond $300,000 would be paid via a low interest loan from USDA. - Rolloff purchases moved from Transfer station to Inert Disposal - $20,000 - Negative $27,300 projection despite rate increases o Spending $105,000 for recycling program and lack of market for recyclables a stressor on budget. The Sanitation Supervisor gave an overview of the history of the City’s recycling program which started in 1994. He said cardboard and paper were the primary materials recycled. He said we had always sold our recyclable items to West Rock out of Minneapolis up until November 2022 when the business closed down. He said the closing of West Rock was a major event in the recycling industry. The Sanitation Supervisor said the recycling program would make money some years and lose money in others. He said that between the cardboard and paper the last nine months, the City has not made much money from the broker it is working with. He said the costs to get it to the broker reduces any margin the City could gain from selling the recyclables. The City Administrator said the recycling program and operations have cost the City money and has not been able to break even. Commissioner Pierce asked about collecting glass. The Sanitation Supervisor said there is no market for glass. Commissioner Pierce expressed his disappointment in people not abiding by the rules at the recycling center. The Sanitation Supervisor echoed those frustrations. Commissioner Pierce asked if the program was worth all the hassle. The Sanitation Supervisor said it is all about whether the City wants to include running the program despite losing money on it. Commissioner Hach said the public perspective is that recycling is the right thing to do. The City Engineer added that the City has a current partnership with Lake Region Corporation and the program employees people that helps them be a part of the community and provide a good service. He added that some communities charge a fee to those that want to recycle, but that the City of Devils Lake does not. He said the costs for the recycling program are being offset through higher fees in other areas. He added that the vast majority of recycling is cardboard and that the market frequently goes up and down. He said there may be a time when the City has to look at its curbside recycling service and determine if it wants to continue it. Commissioner Pierce asked about moving to just cardboard since there is really no market for other recyclables. The City Engineer said the City is pursuing an automated system to implement next year and that the continuance of the recycling program is in the next year’s budget. He said the City moving to an automated system would be a significant change for everyone. He said the bigger cans that would be incorporated into the new system would likely reduce the volume of recyclables collected. He said some people recycle to save money while others do it for other reasons. The Sanitation Supervisor said the recycling truck Lake Region Corporation uses was purchased in 1994 and will need replacement soon. He added that the current supervisor of the program is nearing retirement as well. The Sanitation Supervisor said that Waste Management has approached the City in the past to inquire about collecting recyclables in town. He said he gave them information but that it would likely be single stream recycling and residents would have to pay to use the service. The City Administrator said there will likely be many conversations in the next year or two on sanitation services, to include the number of special pickup days, the recycling program, and moving to an automated system. The Sanitation Supervisor expressed that he feels the City should move to once a year for special pickup week. President Moe said it is a good service the community likes but recognized the cost associated with doing it twice. The meeting adjourned at 12:42pm. __________________________________ __________________________________ SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION  MEETING MINUTES OF THE CITY COMMISSION OF THE CITY OF DEVILS LAKE, ND SPECIAL MEETING AUGUST 01, 2024 The special meeting of the Devils Lake City Commission was held on August 01, 2024 with the following members present: President Moe and Commissioners Hach, Knowski, Pierce, and Uhlenkamp. CAPITAL IMPROVEMENT PLAN The City Administrator said the Capital Improvement Plan Committee met last week and he thanked Assistant City Engineer Devin Gathman for his work on the plan. The Assistant City Engineer reviewed the yearly summary of projects with cost shares and maps for past, present, and future projects. He said the plan as well as past completed projects should put the City in a good position infrastructure wise. He said the South Side Watermain project is currently underway, the West Side Mill & Overlay would begin in a couple weeks, and the Stromquist Paving Project will begin in a few weeks. He said these projects have been scheduled, bid out, and will be completed this year. The Assistant City Engineer went over planned projects for the next few years, to include the NDDOT along College Drive for next summer. Commissioner Pierce asked about plans to improve sidewalks in future years. The Assistant City Engineer said the City budgets around $70,000 per year for the 50/50 cost share program with local property owners. He said the program is scheduled for every year. The Assistant City Engineer said their department is happy with where the community is at with the state of its infrastructure. President Moe said he was very satisfied and happy with the quality of the infrastructure in town. He said there have been a lot of improvements made over the past decade. He said a lot of communities would be happy to be where Devils Lake is at. President Moe said the Prairie Dog funding has been huge to help the City reach its goals. He thanked the Engineering Department for their work putting together the plan. The City Administrator provided a briefing on the funding framework to pay for the projects. He said there are four major buckets: Prairie Dog, Sales Tax Infrastructure, Public Buildings Reserve Fund, and Water Source Replacement Fund. He provided background on the purpose of the Water Source Replacement Fund. He proposed always keeping the fund above $3 million but using any additional balance and revenues for water or sewer projects. The City Administrator said any significant investments related to the City’s water source would come with some sort of a state and/or federal cost share and the City would have a four or five year notice and could therefore save up the $275,000 brought in per year from the fee in addition to the $3 million base, giving the City a large enough balance to cover or bond for its share of such a project. The funding framework in the Capital Improvement Plan depicts the City paying for the West Side Watermain project with the Water Source Replacement Fund and then financing against the revenue brought in by the fee every year for the South Side Watermain Project. President Moe asked about using the Water Source Replacement Fund for lift station improvements. The City Administrator said he was not sure if that could be considered “water source”. He said he knows for sure that the fund has been used for watermain projects in the past. The City Administrator said they would like to budget $500,000 for an interior remodel of City Hall out of the Public Buildings Reserve Fund. He said City Hall needs new lighting, and ADA accessible entrance, new carpet, new furniture, and improved audio-visual capabilities for the Commission Chambers. Commissioner Pierce asked when the last renovations to City Hall occurred. President Moe said it has been a long time. The City Administrator said there is now a reoccurring transfer out of the Sales Tax Infrastructure Fund to the Public Buildings Reserve Fund for future building maintenance needs. President Moe said there have been plans to expand the building to the west with a new Commission Chambers but that it would be an expensive project. He said given everything going on, expanding City Hall may not be the best thing right now. The City Administrator said that upon the City Commission approving the Capital Improvement Plan, that would give staff a greenlight to start pursuing plans for a remodel this fall to hopefully begin executing in 2025. The City Administrator noted that these are just plans and if the plans need to be adapted and adjusted, City staff is prepared. President Moe said he feels the City Has one of the best Capital Improvement Plans in the state. EQUIPMENT REPLACEMENT PLAN The City Administrator said the updated Equipment Replacement Plan reflects the 2024 forecast and 2025 budget recommendations. He went over the equipment plans for each department. DEBT SCHEDULE REVIEW The City Administrator said he attached a new Debt Schedule spreadsheet as a new way to show the City’s debt obligations and reserve balances. CITY ADMINISTRATOR CLASSIFICATION DIRECTION President Moe said there was a meeting last week with Tanya Weiler, the City’s Human Resources Consultant, the City Administrator, Commission Vice President and himself to discuss whether to recommend moving the City Administrator to a contract position or keep it a civil service position. President Moe said it was worked out to recommend keeping it on the salary schedule and civil service. President Moe recommended moving the position from a Grade 21 to a Grade 22, to put the position on equal footing with the highest graded department head position. Commissioner Knowski said he agreed with that direction. GENERAL FUND AND MILL LEVY OVERVIEW The City Administrator reviewed some changes to the General Fund since the last budget briefing. He said contributions to the Rodeo decreased from $15,000 to $10,000. He said the highest-level sponsorship was $7,500 so the City would still be going over and beyond that. He communicated extra transfers out of the General Fund to the equipment replacement schedule for future technology upgrades. He said he also added extra funds for out of state travel for the Mayor and himself. The City Administrator said the mill levy would remain flat at 91.11 mills. He said that a variety of needs had to be balanced to keep the mills flat. President Moe thanked the City Administrator for the work on the budget. He said there is a lot going on in the community, with the school district bond referendum passing, ambulance service property tax levy, and an increase in valuations. He said the City wants to do their part to minimize the property tax burden on City residents and manage the City’s increased expenses responsibly. He said the City is hoping to keep its expenses down the best it can. Commissioner Knowski noted how valuations increased, the school district bond referendum will be hitting property tax bills, and now the ambulance service district being created will add that on as well He said the City should make it a priority to cut mills, not just keep them flat. He asked if there was something the City Administrator could recommend so the City could see a to see a mill reduction. President Moe said that the City should look at that closer given the mill value having increased. President Moe said the City should show good faith in doing its part to cut while others have increased. Commissioner Knowski said if the City can responsibly function at this level, it should be strongly look a reducing by a mill or two for the 2025 budget. The City Administrator said that expenses in the budget are up 11% from 2024 to 2025. He noted that in a time of high inflation between 2022 and 2024 there was very little increase. He said he felt it pretty reasonable for the Commission to suggest the City shouldn’t be increasing its spending more than 10% in one year and that a reduction in one mill would put this City at that 10% increase. The City Administrator said he would look to see what he could do to trim the budget and get that dollar increase down to 10%. He said the initial priority was to meet as many of the City departments’ requests without increasing mills. President Moe communicated that he knows the City has been a high-level supporter of the Rodeo but that there are a lot of requests for dollars and the Rodeo has seen financial success which is why the City felt reducing its sponsorship was justified. Brandon Padilla with the Rodeo said that at the end of every year they end up with a little extra money. He said they do not keep the money and donate it to a variety of groups like 4-H, girl scouts, and boy scouts. He said whatever is left after that is used for the next year’s rodeo to make it better and enhance it. Mr. Padilla gave an overview of the growth the rodeo has seen over the last couple years. He said the Chamber calculated that the Rodeo contributes close to a $1 million in economic impact to the region. President Moe said they have spent the City’s money wisely, done a really good job, and that it is great having the Rodeo back. Mr. Padilla said they have appreciated the City’s support over the past years. He said when they were starting it back up that the City’s initial support was critical to getting local businesses to sign up as sponsors and getting behind the event. President Moe said there are a lot of requests for funding, it appears the rodeo is doing well and thriving, and that he thought they were doing a good job. Mr. Padilla stressed that nobody individually makes money on the Rodeo. Commissioner Knowski said his thoughts were that if the Rodeo is continually in the black that it is a signal the City can slowly reduce its contribution given it isn’t in financial trouble. President Moe noted that the City is still contributing to the Rodeo. The City Administrator said he didn’t feel there was anything wrong with over time lowering its sponsorship of the rodeo down from the original $15,000 to the highest-level sponsorship tier. He said he felt confident the City would always sponsor and promote the rodeo, but that it would be most appropriate moving forward at the highest level sponsorship level. He added that the City already provides a $25,000 contribution to the Chamber as a universal sponsorship for all the events they put on and support. The meeting adjourned at 12:13pm. __________________________________ __________________________________ SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION  MEETING MINUTES OF THE CITY COMMISSION OF THE CITY OF DEVILS LAKE, ND AUGUST 19, 2024 The regular meeting of the Devils Lake City Commission was held on August 19, 2024 with the following members present: President Moe and Commissioners Hach, Knowski, Pierce, and Uhlenkamp. MEETING ITEMS 1) Call to Order 2) Approval of Minutes – July 18, 2024 - Special Budget Meeting 3) Approval of Minutes – July 25, 2024 - Special Budget Meeting 4) Approval of Minutes – August 1, 2024 - Special Budget Meeting 5) Approval of Minutes – August 5, 2024 Commissioner Uhlenkamp made a motion to approve the minutes from July 18 and August 5. Commissioner Hach seconded the motion, and the motion was carried unanimously. Commissioner Uhlenkamp made a motion to table approval of the minutes from July 25 and August 1. Commissioner Hach seconded the motion, and the motion was carried unanimously. AWARDS AND PROCLAMATIONS 1) Years of Service – Corey Erickson (30 Years) President Moe recognized Sanitation Supervisor Corey Erickson for 30 years of service with the City of Devils Lake. PUBLIC HEARINGS BID OPENINGS VISITORS OR DELECTAGIONS 1) Homeless Coalition Sara Erickstad and Kristi Tollefson from the Lake Region Homeless Coalition presented the Commission with an update on their efforts to bring awareness to homelessness in the community. Ms. Erickstad said they meet monthly. She said Hunger and Homelessness week is the third week in November. Ms. Tollefson said both the Fire Department and Law Enforcement Center have agreed to have boxes as drop off locations for non-perishable food items. Ms. Tollefson said they are working with Lake Region State College and their student groups on a coat, hat, and mitten drive. She added that they are brainstorming ways to provide some meals to the homeless population in the community. President Moe offered to volunteer and challenged everyone to take time to volunteer for this cause. Commissioner Pierce asked if there have been talks on a facility for homeless people. Ms. Erickstad said she had not heard anything regarding that. Commissioner Knowski asked about how they go about counting the homeless population. Ms. Erickstad said they work with the Continuum of Care Coalition across the state and go along on foot. Commissioner Pierce said he learned a lot when he participated in their meetings. 2) Lake Region Corporation Jeff Jacobson with Lake Region Corporation presented the City of Devils Lake with an award from their management team for “Community Partner of the Year”. Mr. Jacobson said the City was selected as this year marks 30 years for the partnership between the City and Lake Region Corporation for the curbside recycling program. He said it is a great employment opportunity for the people they serve and assist. Mr. Jacobson said the downtown garbage cleanup program the last three years has gone well. He said they’ve made a lot of good connections with downtown businesses since the start of the program. He said they also appreciate the support for their daycare service using the Flex-Pace Interest Buydown program. He said the daycare fills 50 slots for the community., President Moe said it is wonderful all that Lake Region Corporation does for the community and that they do really good work. Mr. Jacobson presented President Moe with a plaque to the City of Devils Lake as “Community Partner of the Year”. COMMISSION PORTFOLIOS Commissioner Knowski – The City Engineer said everything was going well in the Utilities Department Commissioner Hach – The City Engineer said everything was going well in the Sanitation Department. He said the Stromquist Paving project just got started, the west side mill and overlay will be starting tomorrow, and that all but one block has been completed for the south side watermain replacement project. The City Assessor said the State Board of Equalization went well with no appeals from properties in City limits. He said they are moving forward with Vanguard to get property information out on the internet so anyone can access it. He said they are hoping to have it all completed and rolled out by October 1. He said this will make things much more transparent. He added that the Planning and Zoning Commission is holding three public hearings on Thursday morning at 7:00am. Commissioner Uhlenkamp – The City Engineer said everything was going well in the Street Department. Commissioner Pierce – The Fire Chief said all the purple streetlights have been taken down. He said they are still working on the ARFF transition and are looking to fully take over the mission on September 1. Commissioner Pierce said the Law Enforcement Center Board is meeting on Wednesday. President Moe – The Police Chief said the Police Department won the battle of the badges blood drive contest with the Fire Department. He said it was a good turnout. He said he and the City Administrator met with the Superintendent at the School District regarding the financial arrangement for the SRO program. He said it will be a continuing conversation. The Police Chief said there is testing set for the applicants for the Detective Sergeant position on September 5th and that they hope to have the position filled by the end of September. The City Administrator said the Special Assessment Commission will meet tomorrow morning to certify the assessment list. The City Attorney said everything was going well. 1) President Moe – Letter on Property Tax Referendum President Moe expressed some concern with the upcoming election and ballot Measure #4 to eliminate property taxes in the state. He said he sat through a webinar with the North Dakota League of Cities and heard concerns that people around the state had. He said he has concerns regarding the lack of an identifies solution from the state if the measure were to pass. He said a lot of things as they know it now regarding how the City finances itself would go away. President Moe said the biggest concern from him was that Police, Fire, and Streets all rely on property tax revenue in the General Fund. He said he asked the City Administrator to provide notes on some impacts the City could see or would look at if the measure passes. The City Administrator said the biggest impact the City would see would be dependent on the state legislature’s decisions in the next session if the measure passes. He said the timing of the replacement payments would heavily impact communities, especially smaller ones that are used to receiving all their property tax revenue in February, which finances the rest of the year for them. He said the City should have enough cash on hand to weather that storm. The City Administrator said much will depend on what other sources of revenue the state makes to political subdivisions would potentially be eliminated as they attempt to find the money for the replacement payments. He said some that have been discussed are state aid distributions and Prairie Dog infrastructure allocations. The City Administrator said if Prairie Dog was eliminated, the City would not be able to move ahead with as much steam as it has been. He said it may force the City to down the road look at the cost share formula for special assessments. He said it could force the City to look at finding additional revenue streams like franchise fees. The City Administrator said the City would probably look at diverting revenue sources like interest earnings allocated to Water and Sewer equipment reserves that keep utility rates lower to the general fund, which would impact utility rates. He said staff would try their best to make sure the City Commission had the information they needed to make a decision. President Moe said he intends to write a letter to the editor to help educate what some consequences could be for the City if the measure passes. Commissioner Pierce said he supports a letter to educate. OLD BUSINESS CONSENT AGENDA NEW BUSINESS 1) Cost Participation and Maintenance Agreement – ND 19 from US 2 to West of 2nd Avenue NW The City Engineer said the agreement is for micro surfacing work to be done on Highway 19 next year. He Said the City is responsible for 10% of the project, which will be near $13,000. Commissioner Pierce made a motion to approve the Cost Participation and Maintenance Agreement. Commissioner Hach seconded the motion, and the motion was carried on a roll call vote. 2) Cost Participation and Maintenance Agreement – ND 20 from US 2 to Firebird Lane The City Engineer said the agreement is for work along College Drive from Highway 2 to Firebird Lane. He said they are looking at revamping the school zone near the high school and adding a new crosswalk and flashing beacon for people that want to cross College Drive. He said they intend to eliminate the school zone adjacent to Sweetwater Elementary due to little utility. He said they will still have a flashing beacon for the crossing there. The City Engineer said they are looking at a road diet along College Drive from Highway 2 to 6th Street NE. He said there are plans to take College Drive from a four lane to a two lane with a center turn lane. He said they intend to put temporary striping down for the first year then put permanent striping down the following year. The City Engineer said the project will be nearly $2 million and the City will be responsible for 10%. Commissioner Pierce motioned to approve the Cost Participation and Maintenance Agreement. Commissioner Uhlenkamp seconded the motion, and the motion was carried unanimously on a roll call vote. 3) Pay Estimate #8 – Kemper Construction – WM 28-23 & 29-23 The City Engineer said the pay estimate is for work completed on Watermain Projects 28-23 & 29-23 in the amount of $174,466.56. The City Engineer recommended approval. Commissioner Uhlenkamp motioned to approve the pay estimate. Commissioner Pierce seconded the motion, and the motion was carried unanimously on a roll call vote. 4) 2nd Reading of Ordinance #996 – Definitions 5.24.010 Commissioner Pierce recommended approval of Ordinance #996. Commissioner Uhlenkamp seconded the motion, and the motion was carried unanimously. 5) 2nd Reading of Ordinance #997 – Minors Prohibited 5.24.150 Commissioner Knowski recommended approval of Ordinance #997. Commissioner Hach seconded the motion, and the motion was carried unanimously. 6) 2nd Reading of Ordinance #998 – Misrepresentation of Age 5.24.151 Commissioner Uhlenkamp recommended approval of Ordinance #998. Commissioner Pierce seconded the motion, and the motion was carried unanimously. 7) 2nd Reading of Ordinance #999 – Presumption of Licensee’s Innocence 5.24.152 Commissioner Pierce recommended approval of Ordinance #999. Commissioner Uhlenkamp seconded the motion, and the motion was carried unanimously. 8) 2nd Reading of Ordinance #1000 – Delivery to Certain Persons Unlawful 5.24.153 Commissioner Uhlenkamp recommended approval of Ordinance #1000. Commissioner Knowski seconded the motion, and the motion was carried unanimously. 9) 2nd Reading of Ordinance #1001 – Licensees Prohibited 5.24.155 Commissioner Pierce recommended approval of Ordinance #1001. Commissioner Knowski seconded the motion, and the motion was carried unanimously. 10) 2nd Reading of Ordinance #1002 – Violations 5.24.230 Commissioner Knowski recommended approval of Ordinance #1002. Commissioner Uhlenkamp seconded the motion, and the motion was carried unanimously. CITIZEN COMMENT INFORMATIONAL ITEMS 1) July Financial Update LIST OF BILLS Commissioner Knowski made a motion to approve the list of bills 24-16. Commissioner Hach seconded the motion, and the motion was carried unanimously on a roll call vote. The meeting adjourned at 6:21pm. __________________________________ __________________________________ SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION  Notice of Public Hearing The Devils Lake Planning Commission will hold public hearings on August 22, 2024, 7:00 am, City Office, 423 6th St NE, Devils Lake, ND, to review 1) a request for a conditional use permit to allow an apartment at 322 3rd Ave NE, which is zoned as central area commercial; 2) a request for annexation, change in zoning to PUD and combining properties for parcels of land located on Hwy 20 S directly adjacent to the south city limits; property currently zoned as agricultural and outside the city limits; and 3) a request for a special use permit to allow an emergency shelter at 302 7th Ave NE, which is zoned as central area commercial. If special accommodations are needed, please contact city office. Documents relating to the request are on file in the office of the City Engineer and may be viewed during regular working hours. for legals: 8-15-24 Notice of Public Hearing The Devils Lake City Commission will hold a public hearings on September 3, 5:30 pm, City Office, 423 6th St NE, Devils Lake, ND, to review 1) a request for a conditional use permit to allow an apartment at 322 3rd Ave NE, which is zoned as central area commercial; 2) a request for annexation, change in zoning to PUD and combining properties for parcels of land located on Hwy 20 S directly adjacent to the south city limits; property currently zoned as agricultural and outside the city limits; and 3) a request for a special use permit to allow an emergency shelter at 302 7th Ave NE, which is zoned as central area commercial. If special accommodations are needed, please contact city office. Documents relating to the request are on file in the office of the City Engineer and may be viewed during regular working hours. for legals: 8-15-24, 8-22-24  Project Information Project: City Project 230201 – WM 28-23 & WM 29-23 Water Main Replacement Location: WM 28-23 – 3rd St SE, 4th St SE, 5th St SE, 6th St SE, 6th Ave SE, 7th Ave SE & 8th Ave SE WM 29-23 – 2nd St NE CO #3 10th St NE – Hospital tie-in/looping Contractor: Kemper Construction Date: 9/3/24 Change Order #: 3 Change Order Description 3 – Water to the hospital on 7th St NE is currently provided through a single water service coming from 10th Ave NE. Through some connections, this line ultimately feeds water through the hospital complex to a fire hydrant located on 10th St north of the hospital. Valves on each side of this fire hydrant allows flushing of water from the line using City water and allows flushing of a water line installed by the hospital in the late 1990’s to provide them a source of water from the rural water system in the event the City water supply was compromised by Devils Lake (the City water supply line at the time had 6 miles and numerous valves inundated by Devils Lake). Currently a valve on the north side of that hydrant is closed, isolating the rural water feed, and the valve on the south side of the hydrant is open, allowing City water to flow through the hydrant when it is opened. This Change Order would allow a project that would connect to the current hospital back-up water supply line from the rural system NE of the hospital. This connection would allow the City to feed the hospital complex from two directions with City water. This would provide redundancy in the event of a water break or maintenance issue on part of the City system (i.e. if we had a problem with watermains SW of the hospital, we could still provide water to the hospital from the NE and vice versa). Looping will also provide additional capacity to the hospital in the event of fire. The attached map shows the proposed work associated with this change order. The City would connect to existing City water lines NE of the hospital, bore a new waterline under 10th St NE and connect to the hospital’s back-up water supply line. This Change Order will add this project as a separate sub-project on pay estimates due the contractor. Completion date for this Change Order shall be September 30, 2024. Completion date for the original contract is not impacted by this Change Order. Change Order Summary – 3 Added Quantities Spec Code Item Description Quantity Unit Unit Price Extended Price 702 0100 Mobilization 1 L Sum $2,025.00 $2,025.00 724 0300 Gate Valve & Box 6IN 1 EA $5,187.00 $5,187.00 Page 1 of 2  724 0310 Gate Valve & Box 8IN 1 EA $5,760.00 $5,760.00 Directional drill 8” HDPE DR11 724 820 110 LF $58.00 $6,380.00 Watermain 724 0944 Connection to Existing Main 4 EA $4,999.50 $19,998.00 Total: $39,350.00 --------------------------------------------------------------------------------------------------------------------- The above changes are approved: Engineer By Date --------------------------------------------------------------------------------------------------------------------- The above changes are approved: Prime Contractor By Date --------------------------------------------------------------------------------------------------------------------- You are directed to make the changes described above in the subject contract. City of Devils Lake, Owner By Jim Moe, President of City Commission Date Page 2 of 2