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City Commission

Regular Meeting

Devils Lake, ND · October 7, 2024

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Minutes

MEETING MINUTES OF THE CITY COMMISSION OF THE CITY OF DEVILS LAKE, ND October 07, 2024 The regular meeting of the Devils Lake City Commission was held on October 07, 2024 with the following members present: President Moe and Commissioners Hach, Knowski, Pierce, and Uhlenkamp. MEETING ITEMS 1) Call to Order 2) Pledge of Allegiance 3) Approval of Minutes – September 16, 2024 Commissioner Pierce made a mo�on to approve the mee�ng minutes from the September 16, 2024, regular mee�ng. Commissioner Uhlenkamp seconded the mo�on, and the mo�on was carried unanimously. 4) Approval of Minutes – September 23, 2024, Special Mee�ng Commissioner Uhlenkamp made a mo�on to approve the mee�ng minutes from the September 23, 2024, special mee�ng. Commissioner Hach seconded the mo�on, and the mo�on was carried unanimously. AWARDS AND PROCLAMATIONS 1) Years of Service – David Aus�n (25 Years) 2) Years of Service – Andrew Johnson (10 Years) 3) Years of Service – Darin Rixen (10 years) Mayor Moe recognized David Austin, Andrew Johnson, and Darin Rixen for their landmark years of service to the City of Devils Lake. PUBLIC HEARINGS – 5:30 PM 1) Cer�fica�on of Special Assessment Lists a. Watermain Improvement District 27-22 Peggy Hoel, a resident living at 421 12th Street NW, addressed the Commission to formally protest the assessment on the shop building next her property that she owns. She said there is no water or sewer service to the facility and requested the City re-evaluate the assessment to that parcel. The City Engineer said 25% of the project cost was assessed and the assessment was based on 1/3 frontage, 1/3 area, and 1/3 service. Ms. Hoel said there is no frontage for the parcel with the shop on it. The City Engineer said it was a parcel included in the district and that there is a �e in and bend at the loca�on for water service. The City Engineer said that all areas within the district and all parcels were assessed on that original criterion. The public hearing for this item was then closed. The City Administrator said the Commission cannot change the overall dollar amount being assessed and that if they did want to change the assessment on this one parcel, they would have to go back to recalculate the benefits to all proper�es and schedule a special mee�ng. Commissioner Pierce asked if she was being double assessed. The City Engineer said that if all the parcels were combined as one, the assessment would be the same. The City Engineer said the City Commission set the policy to cover 75% of the construc�on cost to lower the overall assessment burden to all residents within the district. The City Engineer said this would not be the only lot in the district with the same circumstances. Commissioner Knowski made a mo�on to approve the special assessment list for Watermain Improvement District 27-22. Commissioner Hach seconded the mo�on, and the mo�on was carried unanimously. b. 2023-2024 Curb, Guter, & Sidewalk Commissioner Pierce made a mo�on to approve the special assessment list for the 2023-2024 Curb, Guter, & Sidewalk assessment. Commissioner Uhlenkamp seconded the mo�on, and the mo�on was carried unanimously. c. Parking Assessment Commissioner Uhlenkamp made a mo�on to approve the special assessment list for the parking assessment. Commissioner Knowski seconded the mo�on, and the mo�on was carried unanimously. d. Miscellaneous Assessment The City Administrator provided an overview of one of the items on the miscellaneous assessment list. For parcel 39-0407-00015-001 he said there was a past due u�lity bill, the majority of which was for a roll-off delivered to the property. He said the previous owner never paid the bill and sold the house. The City Administrator said the property was put on the shut off list and the u�lity department did go to turn the water off but that they may not have turned the curb-stop fully or had a bad angle on it. He said the City has not officially turned the water back on but that there is s�ll water service to the property. The property was sold at the end of 2023 to Golden Plains Property and they did not know there was this outstanding bill. The City Administrator said there have been conversa�ons back and forth about what should be disclosed in a real estate transac�on. He said there was a similar instance from 2002/2003 where the City did end up special assessing the past due bill to the new property owner. The City Administrator said he asked the City Atorney to review and provide a recommenda�on on how to proceed. The City Atorney reviewed a formal opinion he dra�ed for the Commission and said his recommenda�on was to pursue repayment from the previous property owner through collec�ons avenues, given most of the bill was for a roll-off and not necessarily services for the “public good” like weekly garbage, water, or sewer service. Commissioner Pierce made a mo�on to approve the special assessment list for the miscellaneous assessment except for the assessment on parcel # 39-0407-00015-001 in the amount of $999.23. Commissioner Uhlenkamp seconded the mo�on, and the mo�on was carried unanimously. BID OPENINGS VISITORS OR DELEGATIONS COMMISSION PORTFOLIOS Commissioner Pierce said the Fire Department is waiting for some test results to come back which will indicate the timeline for the City to take over ARFF duties at the airport. He said National Fire Prevention Week is coming up. Commissioner Pierce said he will be attending meetings of the Ramsey County Fair Board and Shade Tree Committee over the next few days. He said that the canopy study survey showed that over 50% of the trees on City boulevards, Highway 2, and on park district property were Ash trees. Commissioner Uhlenkamp – The City Engineer said the Public Ways Department is preparing for winter operations by stocking up on salt and sand and getting the snowplows ready for operation. Commissioner Hach - The City Engineer said special pickup operations were underway. He said the paving on the west side project is complete, the watermain project is complete, and the Stromquist paving project should be completed soon. Commissioner Pierce asked if the City has began researching future land acquisition opportunities to expand the landfill, as that will be needed in a few years. The City Engineer said preliminary conversations and outreach to relevant land owners has started. Commissioner Knowski – The City Engineer said everything was good in the Utilities Department. The City Assessor said everything was going well in the Assessing Department. President Moe – The Police Chief said Samantha Rodriguez has started in the Detective Sergeant role and is currently at training with BCI. He said the department substantial de-escalation training throughout the month of September. The City Administrator thanked the Special Assessment Commission for their work during the Special Assessment process. He said the process of the City’s 2022 audit with Brady Martz has begun. The City Attorney said he would have proposed ordinance updates for the Commission at a future meeting. OLD BUSINESS CONSENT AGENDA NEW BUSINESS 1) Permit to Sell Alcoholic Beverages at a Special Event – LRSC Hockey Kirk Baeth with the Lake Region State College Athletic Booster Club addressed the Commission regarding their desire to sell alcoholic beverages at LRSC hockey games at the Burdick Arena. Mr. Baeth said they have come to an agreement from the Park District and have their approval. He said they have spoken with the Police Department on plans for a police officer being present at the location. He said the alcohol would be purchased and consumed in only one section (northeast corner of arena), and that sales would end at the beginning of the 3rd period. He said there were a few operational requests from the Park District and that they are going to fulfill those. Shane Diseth with the Ye Olde Tavern/Lotta’s said they have had zero problems at the Fort Totten Little Theater in Roosevelt Park, where they provide the similar service there. Commissioner Pierce asked how unruly fans would be handled. Mr. Baeth said college officials will be at the game to address any issues as well as a police officer. Commissioner Pierce asked if basketball would be next. Mr. Baeth said absolutely not because the college plays at the Spoprtcenter which is owned but the school district. Mr. Diseth said his staff is well trained. Commissioner Knowski said it feels like adding alcohol to a hockey event is like throwing gas on a fire. He said given his past experience in law enforcement, adding alcohol only adds problems. Commissioner Knowski said it doesn’t feel necessary or needed. Commissioner Pierce asked how long the permit was good for. The City Administrator said it is only for the specific dates listed and that just like the permit for the Fort Totten Little Theater, it would be brought forward for the City’s consideration in advance of next season. Commissioner Hach made a motion to approve the special event permit for the Ye Olde Tavern/Lotta’s. Commissioner Uhlenkamp seconded the motion. On a roll call vote, Commissioners Hach, Uhlenkamp, Pierce, and Moe voted aye. Commissioner Knowski voted nay. 2) Pay Estimate #1 – Elshaug Construction – Curb Gutter and Sidewalk Commissioner Knowski made a motion to approve the pay estimate. Commissioner Hach seconded the motion, and the motion was approved unanimously on a roll call vote. 3) Pay Estimate #10 – Kemper Construction – Watermain 28-23 and 29-23 Commissioner Pierce made a motion to approve the pay estimate. Commissioner Uhlenkamp seconded the motion, and the motion was approved unanimously on a roll call vote. 4) Pay Estimate #3 – Mayo Construction – West Side Mill and Overlay Commissioner Uhlenkamp made a motion to approve the pay estimate. Commissioner Pierce seconded the motion, and the motion was approved unanimously on a roll call vote. 5) Budget Amendment 24-06 – Payoff of Sales Tax Revenue Bond, Series 2015B Commissioner Pierce made a motion to approve Budget Amendment 24-06. Commissioner Uhlenkamp seconded the motion and the motion was approved unanimously on a roll-call vote. CITIZEN COMMENT INFORMATIONAL ITEMS LIST OF BILLS Commissioner Knowski made a motion to approve the List of Bills. Commissioner Hach seconded the motion, and the motion was carried unanimously on a roll call vote. __________________________________ __________________________________ SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION

Agenda

Monday, October 7, 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) Pledge of Allegiance 3) Approval of Minutes – September 16, 2024 4) Approval of Minutes – September 23, 2024, Special Meeting Awards and Proclamations 1) Years of Service – David Austin (25 Years) 2) Years of Service – Andrew Johnson (10 Years) 3) Years of Service – Darin Rixen (10 years) Public Hearings – 5:30 PM 1) Certification of Special Assessment Lists a. Watermain Improvement District 27-22 b. 2023-2024 Curb, Gutter, & Sidewalk c. Parking Assessment d. Miscellaneous Assessment Bid Openings – 5:30 PM 1) N/A Visitors or Delegations *Limited to five minutes per guest, unless extended by presiding officer Commission Portfolios Old Business Consent Agenda New Business 1) Permit to Sell Alcoholic Beverages at a Special Event – LRSC Hockey 2) Pay Estimate #1 – Elshaug Construction – Curb Gutter and Sidewalk 3) Pay Estimate #10 – Kemper Construction – Watermain 28-23 and 29-23 4) Pay Estimate #3 – Mayo Construction – West Side Mill and Overlay Page 1 of 2 5) Budget Amendment 24-06 – Payoff of Sales Tax Revenue Bond, Series 2015B Citizen Comment 1) N/A Informational Items 1) Quarter 3 Tax Distribution and Utility Summary 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 SEPTEMBER 16, 2024 The regular meeting of the Devils Lake City Commission was held on September 16, 2024 with the following members present: President Moe and Commissioners Hach, Knowski, and Uhlenkamp. MEETING ITEMS 1) Call to Order 2) Pledge of Allegiance 3) Approval of Minutes – September 03, 2024 Commissioner Uhlenkamp made a motion to approve the meeting minutes from the September 03, 2024 regular meeting. Commissioner Knowski seconded the motion, and the motion was carried unanimously. AWARDS AND PROCLAMATIONS PUBLIC HEARINGS – 5:30 PM 1) 2025 Final Budget, Salary Plan, Position Authorization President Moe opened the public hearing. David Olson addressed the Commission concerning the Lake Region Public Library’s budget. The Library reduced the mills they were asking for. He suggested the City seek funding reductions in other places or making cuts across the board. Mr. Olson said he has concerns that the mill reduction to the Library beyond what was originally requested is because the City desires not to see a full time children’s librarian employed. President Moe asserted that was certainly not the case. Mr. Olson spoke fondly of the kindness he has been treated by children’s librarians over his lifelong experience. He read a quote from Laura Bush on the positive impacts of libraries on people’s lives. He said he was hoping that the City reconsider their mill reduction to the Library. President Moe said the Commission was not unsupportive of having a full-time children’s librarian but that their were concerns about funding. He added that because valuations increased, so did the value of a mill and that the actual dollars the library are set to receive is not far off from this year’s amount. President Moe said the City made it a priority to reduce mills this year because of increases due to the school district bond referendum passing and ambulance service mill levy establishment. He said the Airport and Jobs Development Authority were both impacted as well. President Moe said every year each department gets looked at in detail and that this is where the funding has broken out to. He said that the Library Director is going a good job and applauded her enthusiasm for the Library. The City Administrator communicated that between the City of Devils Lake and Ramsey County that the library was set to receive $1,000 more than in 2024. President Moe closed the public hearing and asked the City Administrator to give an overview of the 2025 final budget. He said the budget was slightly over a total of $2.076 million for property tax levy, for a total levy of 90.11 mills. He said the budget includes a 4% increase to health insurance rates, a 3% cost of living adjustment, and a slight restructure to the Police Department and shifting a position from the airport to the fire department due to the assumption of the ARFF mission. Commissioner Knowski made a motion to approve the 2025 Final Budget, Salary Plan, and Position Authorization. Commissioner Hach seconded the motion, and the motion was carried unanimously on a roll call vote. BID OPENINGS VISITORS OR DELEGATIONS 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 and that fall cleanup will begin next week in Zone 1. The City Engineer said curb and gutter was being installed for the stromquist paving project right now. He said that pavement would be put in soon on the West Side project weather contingent. He said the south-side watermain project is pretty much complete. The City Assessor said everything was going well in the Assessing Department. Commissioner Uhlenkamp – The City Engineer reminded everyone that political signs need to be out of City right-of-way. He said this would mean the signs need to be on the property owner’s side of the sidewalk or if there is no sidewalk, five feet from the curb. Commissioner Uhlenkamp asked how the columbarium project was coming along at the Cemetery. The City Engineer said the project is complete. The Fire Chief said everything went well with National Night Out and the Fire Department’s Open House. President Moe – The Police Chief said National Night Out and their Tip-a-Cop event went well. The City Administrator gave notice to the Commission that the public hearing for special assessment lists will be on the October 7th Commission agenda. The City Attorney said everything was going well. President Moe asked about the hazard and proceedings for the distressed church on 2nd Street. The Fire Chief said a letter giving a 30-day notice was provided two weeks ago. He said they have until 30 days from the letter to provide the City with a plan to but the property into compliance. OLD BUSINESS CONSENT AGENDA NEW BUSINESS 1) Resolution Establishing Rates and Fees Effective January 01, 2025 The City Administrator gave an overview of the proposed rates and fees to take effect January 01, 2025. He said that City staff and the Commission will need to have a discussion on how to proceed with the rate and fee structure in the Sanitation Department. He said the absence of a recycling market has resulted in an over $100,000 drag on the Sanitation Department’s budget due to the lack of an off-setting revenue source. The City Administrator said it will be likely that an additional adjustment to the Sanitation Department’s rates and fees will be recommended between now and the end of the year to incorporate the added net cost of the recycling program. He said that he would like to go over a proposal with the City Engineer/Public Work’s Director Commissioner Hach made a motion to approve the Resolution Establishing Rates and Fees Effective January 01, 2025. Commissioner Knowski seconded the motion, and the motion was carried unanimously on a roll call vote. 2) Pay Estimate #2 – Mayo Construction – West Side Project Commissioner Uhlenkamp made a motion to approve Pay Estimate #2 to Mayo Construction. Commissioner Knowski seconded the motion, and the motion was carried unanimously on a roll call vote. 3) Declaration of Emergency and Budget Amendment 24-05 – Sanitation Roof Repair The City Administrator said it was budgeted to repair the roof for the Sanitation Department’s building in 2025. He said in seeking preliminary quotes from two vendors, there was a favorable quote and that staff would like to move forward repairing the roof with the selected vendor this fall rather than wait until spring. Commissioner Knowski made a motion to declare an emergency and approve Budget Amendment 24-05. Commissioner Uhlenkamp seconded the motion, and the motion was carried unanimously on a roll call vote. 4) Resolution Authorizing Redemption of Sales Tax Revenue Bond, Series 2015B ($1,280,000 plus Accrued Interest) The City Administrator updated the Commission on the status of the City’s fiscal year audits. He said that the City was expecting to begin their 2022 and 2023 audits at the end of August or beginning of September. He said that staffing changes at the State Auditor’s Office have pushed that timeline back. The City Administrator said that due to the City’s delay in getting financial audits completed, Moody’s will be placing the City’s bond rating up for review with the potential for possible future withdrawal without audited financial statements reported to them in 60-90 days. The City Administrator said the City is seeking proposals from private auditing firms to get the City back on track and on a normal cadence for yearly fiscal year audits and that staff would bring the proposals to the City Commission for their consideration at a special meeting in the near future. He said that after consulting with Northland Securities, the City’s financial advisor, it would be beneficial and strategic to payoff Sales Tax Revenue Bond, Series 2015B. He said this is the only debt on the books that carries a Moody’s rating. The City Administrator said that it would be strategic to eliminate issued debt that carries a bond rating to hedge against the possibility of the City’s rating getting withdrawn due to lack of sufficient information, which could risk a withdrawal of the rating or reduction in the bond rating for that series. The City Administrator said staff would present a proposed budget amendment to the Commission at the next meeting. Commissioner Knowski made a motion to approve the Resolution Authorizing Redemption of Sales Tax Revenue Bond, Series 2015B. Commissioner Hach seconded the motion, and the motion was carried unanimously on a roll call vote. CITIZEN COMMENT INFORMATIONAL ITEMS 1) August 2024 Financial Report The City Administrator said the August sales tax deposit was the highest received from the City since the Tax Commissioner’s Office began distributing funds monthly. LIST OF BILLS Commissioner Hach made a motion to approve the List of Bills. Commissioner Uhlenkamp seconded the motion, and the motion was carried unanimously on a roll call vote. __________________________________ __________________________________ SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION MEETING MINUTES OF THE CITY COMMISSION OF THE CITY OF DEVILS LAKE, ND SEPTEMBER 23, 2024 The special meeting of the Devils Lake City Commission was held on September 23, 2024 at 12:00pm with the following members present: Commissioners Hach, Pierce, and Uhlenkamp. Commissioner Knowski arrived at 12:03pm. MEETING ITEMS 1. Declaration of Emergency and Selection of Vendor for Contractual Services – City Annual Audit The City Administrator reviewed the proposals submitted by auditing firms for the City’s 2022, 2023, and 2024 audits. Proposals were submitted by firms Brady Martz & Associates, Widmer Roel, and the North Dakota State Auditor’s Office. After tabulation of the cost proposals and aspired timelines for completion of the City’s 2022 Audit, the City Administrator recommended accepting the proposal from Brady Martz & Associates. Commissioner Uhlenkamp made a motion to declare an emergency and select Brady Martz & Associates to conduct the City’s 2022, 2023, and 2024 audits. Commissioner Pierce seconded the motion, and the motion was carried unanimously on a roll call vote. The meeting adjourned at 12:05pm. __________________________________ __________________________________ SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION NOTICE The assessment list has been confirmed by the Special Assessment Commission and is on file in my office for inspection of the following projects: • 2023-2024 Curb, Gutter & Sidewalk • 2023 Miscellaneous Charges • 2024 Parking Authority Maintenance District 03-16 • Street Improvement District 27-22 – West Side The Board of City Commissioners shall meet at 5:30 pm on the 7th day of October, 2024, in the City Office, 423 6th St NE, Devils Lake, ND, to act upon the assessment list. Dated at my office this 12th day of September, 2024. Spencer Halvorson City Auditor/Administrator For legals: 09-24-2024 October 1, 2024 Spencer Halvorson City Administrator/Auditor City of Devils Lake 423 6th St NE Devils Lake, ND 58301 VIA EMAIL (SPENCERH@DVLND.COM) ONLY Re: Use of Special Assessments to Recover Unpaid Utility Bills Dear Mr. Halvorson: I write in response to your request for a legal opinion on the ability to recover an unpaid utility bill by certifying the debt against the property by a special assessment pursuant to Section 3.01.020 of the Devils Lake Municipal Code. In my opinion, the use of special assessment to recover unpaid utility bills is appropriate under certain circumstances but, for the reasons set forth herein, those circumstances do not exist given the particular facts presented. Accordingly, I advise the City of Devils Lake to abstain from the use of a special assessment to recover the unpaid utility bill in this particular instance. My understanding of this issue is derived from your August 22, 2024 email which contains numerous email exchanges between yourself and Tim Gleason. I understand that Tim Gleason, or his company, purchased a certain property in December 2023 which property is located within the City of Devils Lake. I understand that the previous owner of that property has an unpaid utility bill from the City of Devils Lake in the approximate amount of $1,000 and that the basis for the unpaid utility bill is the City’s provision of a roll off dumpster to the previous owner. In my opinion, the current property owner is not liable for the unpaid utility debt because the current owner did not contract with the City of Devils Lake to receive the service of the City’s provision of a roll off dumpster. In addition, the City’s provision of a roll off dumpster to the previous owner did not directly benefit the property in the same manner as providing water, sewer, and on-site garbage collection services. I find no nexus between the current property owner and the provision of a roll off dumpster to the previous owner, which past service gave rise to the unpaid utility bill. In my opinion, the use of a special assessment to recover an unpaid utility bill would be contrary to the legislative intent of Section 3.01.020 of the Devils Lake Municipal Code due to the lack of a nexus between the current property owner, the real property itself, and the services provided by the City which services are the basis for the unpaid utility bill. Jason P. Sayler 509 5th St. NE, Suite 1, P.O. Box 838, Devils Lake, ND 58301 P: 701.662.4077 F: 701.662.7537 jasonsayler@traynorlaw.com www.traynorlaw.com Dedicated. Trusted. Reliable. The City’s ability to use a special assessment to recover an unpaid utility bill is provided in Section 3.01.020 of the Devils Lake Municipal Code. Section 3.01.020 is only one section within a larger group of ordinances comprising Chapter 3.01 of the Municipal Code, which Chapter pertains to utility bills issued by the City for services provided by it. Section 3.01.020 cannot be read in isolation and, instead, must be harmonized with other ordinances pertaining to utility bills. See, e.g. Rojas v. Workforce Safety and Ins., et at., 2006 ND 221, 723 N.W.2d 403. In Rojas, the court summarized the rules of statutory interpretation by stating: [t]he primary objective in interpreting a statute is to determine the Legislature’s intent. To determine the Legislature’s intent we compare every section of the statute as a part of the whole, and give meaning, if possible, to every word, phrase, and sentence. “[W]e interpret statutes in context and in relation to others on the same subject to give meaning to each without rendering one or the other useless.” Whenever possible, we harmonize statutes to avoid conflict between them. Only when conflicting statutes cannot be harmonized and are irreconcilable will the special provision prevail and be construed as an exception to the general provision. Rojas, 2006 ND 221 at ¶ 13 (internal citations omitted); see also State of North Dakota, et al. v. North Dakota Ins. Reserve Fund, 2012 ND 216, ¶ 12, 822 N.W.2d 38 (stating: “[w]hen statutes relate to the same subject matter, we make every effort to harmonize and give meaningful effect to each statute. Only when the conflict between the two provisions is irreconcilable should resort be made to the ‘particular controls general’ rule of statutory construction [set forth in N.D.C.C. § 1-02-07].” (internal citations omitted).1 The ability to use special assessments to recover unpaid utility bills, as provided for in Section 3.01.020, must be read in conjunction with other ordinances within Chapter 3.01 of the Municipal Code in order to give meaning to each ordinance. A review of Chapter 3.01 demonstrates a recurring theme in which the utility bill is sent to, or assessed against, the individual customer. Section 3.01.010 states that a utility bill shall be sent to each customer. See Code § 3.01.010(A). Section 3.01.050 repeatedly states that the owner of the real property shall be responsible for the payment of charges while allowing such owner to request the city auditor bill his tenant as the responsible billing party. See Code §§ 3.01.050(A) and 3.01.050(C). Section 3.01.070 provides a billing method in which notice is sent to the renter and owner of the account. See Code § 3.01.070(B). Section 3.01.020, providing for the use of special assessments to recover unpaid utility bills, is one of the few ordinances within Chapter 3.01 that does not identify an individual as the proper billing party; yet the remainder of Chapter 3.01 of the Municipal Code demonstrates that utility bills are charged against either the customer or the owner of the real property benefited by the utility service. 1 Although the cited authority addresses the interpretation of State statutory law, the principles of statutory interpretation apply equally to municipal ordinances. See GO Comm v. City of Minot, 2005 ND 136, 701 N.W.2d 865 (municipal ordinances are interpreted in the same manner as are statutes). Jason P. Sayler jasonsayler@traynorlaw.com www.traynorlaw.com Page | 2 Chapter 3.01 establishes a nexus between the utility services giving rise to the bill, the real property where such services are received, and either the owner or occupant of the real property receiving such services. North Dakota law regarding the interpretation of statute requires Section 3.01.020 of the Municipal Code be read in conjunction with the entirety of Chapter 3.01 of the Municipal Code in order to give meaning to the language contained within Section 3.01.020. Section 3.01.020 is properly reconciled with Chapter 3.01 by requiring the aforementioned nexus between the utility services, the real property, and the owner or occupant of the real property. In this particular instance, it is my opinion that it would be inappropriate to recover the utility bill by means of special assessment against the real property because there is no nexus between the services provided, the real property, and the current owner or occupant. The previous real property owner is the proper billing party in this instance and the City has a remedy against the previous owner to collect the unpaid utility bill. See Code § 3.01.010(C) (providing: “[i]f the utility bill, together with a penalty is not paid, the City may maintain an action for the collection of such charges.”). State law does allow for an unpaid utility bill to be assessed against the premises under N.D.C.C. § 40-05-01.1. However, the ability to use the special assessment procedure under N.D.C.C. § 40- 05-01.1 is only available when a municipality performs work deemed necessary for the general welfare, public health, fire protection, or public safety. Section 40-05-01.1, N.D.C.C., applies when either the City steps in to perform necessary work because an owner or occupant refuses to do so himself or when a municipality establishes a system of water, sewer, and garbage collection systems to provide for the general welfare of its citizens. In my opinion, the City’s provision of a roll off dumpster upon the request of the previous owner does not fall within the provisions of N.D.C.C. § 40-05-01.1 for reason that the roll off dumpster was provided to the previous owner at his request and not because of the previous owner’s failure to comply with work deemed necessary for the general welfare and because the provision of the roll off dumpster to the previous owner does not fall within the municipality’s regular system of providing water, sewer, and garbage collection services. You also provided me with portions of the minutes from Devils Lake City Commission meetings that occurred on October 21, 2002, and October 6, 2003. The portions of those City Commission meeting minutes indicate a similar issue occurred at that time. Namely, the City Commission meeting minutes indicate the City Commission considered whether an unpaid utility bill should be certified as a special assessment requiring payment by the current real property owner despite the fact that the unpaid utility bill in question was incurred by the previous owner of the real property. The minutes demonstrate the City Commission did not certify the unpaid utility bill as a special assessment and instead the City apparently reached a settlement agreement with the current real property owner, which agreement provided for the real property owner’s repayment of the past due utility bill in monthly installments in exchange for the City’s agreement to allow the real property owner to use the City landfill to dispose of waste resulting from the demolition of a certain portion of the real property. I do not view the City Commission’s actions in October of 2022 and October of 2003 as approving the use of a special assessment to recover unpaid utility bills because, according to the minutes, the utility bill was never reduced to a special assessment. Jason P. Sayler jasonsayler@traynorlaw.com www.traynorlaw.com Page | 3 In the present matter, there is no nexus between the current real property owner, the real property itself, and the past services provided by the City which services are the basis for the unpaid utility bill. The use of special assessment to recover the unpaid utility bill is inappropriate in this instance because of the absence of any connection between the past services and the current ownership of the land. Accordingly, I advise the City of Devils Lake to abstain from the use of a special assessment to recover the unpaid utility bill in this particular instance. This letter is based upon my review of North Dakota law and relevant portions of the Devils Lake Municipal Code. I believe this letter is responsive to your inquiry. If you have any questions, or if you wish to discuss this matter further, please contact me. Thank you. Respectfully yours, Jason P. Sayler JPS/pdd Jason P. Sayler jasonsayler@traynorlaw.com www.traynorlaw.com Page | 4 BUDGET AMENDMENT 24-06 Purpose Department/Fund Description Expense/Revenue GL CODE Original Line Item Proposed Change Payoff of Sales Tax Revenue Bond Series 2015B Local Share Embankment Raise Transfer Out Expense 5476.700.58900 $ - $ 100,000 $ 100,000 Payoff of Sales Tax Revenue Bond Series 2015B West Viaduct Transfer Out Expense 5484.700.58900 $ - $ 250,000 $ 250,000 Payoff of Sales Tax Revenue Bond Series 2015B Downtown Project (City Share) Transfer Out Expense 5488.700.58900 $ - $ 150,000 $ 150,000 Payoff of Sales Tax Revenue Bond Series 2015B Infrastructure Transfer Out Expense 2033.700.58900 $ - $ 165,819 $ 165,819 Payoff of Sales Tax Revenue Bond Series 2015B SRF 2015B Principle Expense 5481.000.57100 $ 250,000 $ 1,280,000 $ 1,030,000 Payoff of Sales Tax Revenue Bond Series 2015B SRF 2015B Service Charges Expense 5481.000.57300 $ - $ 300 $ 300 Payoff of Sales Tax Revenue Bond Series 2015B SRF 2015B Transfer In - Infrastructure Revenue 5481.700.38300 $ 165,819 $ 165,819 Payoff of Sales Tax Revenue Bond Series 2015B SRF 2015B Transfer In Revenue 5481.700.39990 $ 500,000 $ 500,000 Total Payoff Amount $ 1,294,920.14 Fund 5476 $ 100,000.00 Fund 5481 $ 629,101.61 Fund 5484 $ 250,000.00 Fund 5488 $ 150,000.00 Remaining $ 165,818.53 Inrastructure $ 165,818.53 Remaining $ - NORTHLAND TRUST SERVICES, INC. 150 SOUTH FIFTH STREET, SUITE 3300 MINNEAPOLIS, MINNESOTA 55402 **INVOICE** 09-18-2024 DEVI15B CITY OF DEVILS LAKE, NORTH DAKOTA 423 6TH STREET NORTHEAST PO BOX 1048 DEVILS LAKE, ND 58301-1048 RE: CITY OF DEVILS LAKE, NORTH DAKOTA $2,875,000 SALES TAX REVENUE BONDS, SERIES 2015B Debt Service: 10-29-2024 Principal: $ 1,280,000.00 Interest: 14,620.14 $ 1,294,620.14 Add Call Processing Fee 300.00 Amount due by WIRE 10-25-24 $ 1,294,920.14 Amount due by CHECK 10-22-24 $ 1,294,920.14 TAX COLLECTIONS Through 75% of Year 2022 2023 2024 YTD % Change State Aid $ 464,127 $ 534,610 $ 526,680 -1.48% Sales Tax (City Only) $ 3,025,287 $ 3,056,110 $ 3,189,595 4.37% Highway Tax $ 254,110 $ 263,131 $ 260,544 -0.98% Occupancy Tax $ 89,648 $ 92,701 $ 100,128 8.01% Restaurant Tax $ 233,613 $ 263,993 $ 287,545 8.92% TOTAL: $ 4,066,785.00 $ 4,210,545.00 $ 4,364,492.00 3.66% TAX COLLECTION % OF BUDGET Through 75% of Year 2024 BUDGET % OF BUDGET State Aid (City Only) $ 368,676.00 $ 462,500 80% Sales Tax (City Only) $ 3,189,595.00 $ 4,182,000 76% Highway Tax $ 260,544.00 $ 345,350 75% Occupancy Tax $ 100,128.00 $ 130,000 77% Restaurant Tax $ 287,545.00 $ 315,000 91% TOTAL: $ 4,206,488 $ 5,434,850 77% UTILITY COLLECTIONS Through 75% of Year 2022 2023 2024 YTD % Change Water Collections $ 854,857 $ 973,490 $ 907,095 -6.82% Sewer Collections $ 618,223 $ 679,635 $ 760,132 11.84% Sanitation Collections $ 1,185,444 $ 1,220,650 $ 1,314,862 7.72% : Special Pickups $ 66,946 $ 53,958 $ 64,476 19.49% : Landfill/Outside Tipping $ 65,695 $ 65,535 $ 64,893 -0.98% : Roll-off Rental $ 149,108 $ 127,563 $ 156,941 23.03% TOTAL: $ 2,940,273 $ 3,120,831 $ 3,268,399 4.73% UTILITY % OF BUDGET Through 75% of Year 2024 BUDGET % OF BUDGET Water Collections $ 907,095 $ 1,220,000 74% Sewer Collections $ 760,132 $ 975,000 78% Sanitation Collections $ 1,314,862 $ 1,785,000 74% : Special Pickups $ 64,476 $ 91,000 71% : Landfill/Outside Tipping $ 64,893 $ 85,000 76% : Roll-off Rental $ 156,941 $ 189,000 83% TOTAL: $ 2,982,089 $ 3,980,000 75% LIST OF BILLS FOR THE CITY OF DEVILS LAKE 7-Oct-24 VENDOR AMOUNT DUE AIRPORT Capital One-Walmart $174.88 John Deere Financial $31.98 CITY Aaron Freschette $297.99 Advanced Business Methods $1,129.06 Advanced Engineering & Enviromental $13,265.55 Alex Schwab $14.00 American Water Works Assoc $229.00 Anna Belgarde $250.00 Arntson Stewart Wegner $375.00 AT & T $1,626.80 Automated Financial Services $28.00 Blackstone Publishing $149.97 Boy Scout Troop 31 $250.00 Capital One-Walmart $403.30 Champion Media-DL Journal $1,121.61 Christon Dallas $113.00 Clost Construction $6,800.00 CNH Industrial Accounts-High Plains Equipment $436.70 Corporate Warehouse Supply $559.85 Creative Impressions $138.99 Dakota Business Solutions $685.99 Dakota Mud Jack LLC $9,075.00 Dakota Wash Master $5,900.00 Daniel Olson $50.50 Decorated Wearables $453.03 Devils Lake Cars $6,183.01 LIST OF BILLS FOR THE CITY OF DEVILS LAKE 7-Oct-24 VENDOR AMOUNT DUE Devils Lake Chamber of Commerce $250.00 Devils Lake Park Board $45,242.10 DL Chamber of Commerce/Tourism $45,105.71 Dustin Willey $398.40 Ecolab $379.70 Electric Pump $242.18 Elshaug Construction $15,285.64 Farmer's Union Oil $556.02 Galls $437.89 General Traffic Controls $850.00 Gessner Ironworks $84.42 Global Safety Network $83.34 Great Plains Fire $1,840.00 Harold's Auto Marine & Electric Motor $214.40 Hawkins $12,126.14 Interstate Billing Service-Ironhide $214.00 Jayson Duciaume $75.00 JB Vending $208.63 John Deere Financial $143.54 Josh Worrall $448.00 Keller's Briteway $48.00 Kemper Construction $1,113,127.36 Klemetsrud Plumbing $59.65 Kotaco Fuel $297.84 L-Tron Corporation $468.81 Lake Area Career & Technology Center $4,000.00 Lake Chevrolet Buick GMC $187.24 Lake Region E-911 Authority $66,415.25 Lake Regions Law Enforcement Center 56214. 39 Land Surveying Services $150.00 Leaf $662.28 LIST OF BILLS FOR THE CITY OF DEVILS LAKE 7-Oct-24 VENDOR AMOUNT DUE Mack Plumbing $200.54 Mayo Construction $1,094,479.14 Mid-Land Excavating $17,055.00 Michael Grafsgaard $79.20 M & T Fire & Safety $9,741.79 Newby's Ace Hardware $378.22 Newman Signs $1,662.50 Nodak Electric $8,884.98 Northland Trust Services $1,340,270.14 Northstar Auto $50.00 North Dakota League of Cities $275.00 NSC Minerals $7,820.47 Office Depot $271.18 Ottertail Power Co $18,310.92 Petty Cash $140.07 Pomp's Tire Service $124.00 Post Board $180.00 Proz $66.00 Reslock Printing Services $25.00 Robert Johnson $183.20 Samantha Rodriguez-Flores $14.00 Sanitation Products $468.68 Senior Meals $123.00 Service Ztire $8,094.22 Spencer Halvorson $321.18 Sue Schwab $28.00 Swanston Equipment Corporation $1,099.76 Tanya Weiler $1,000.00 The Needle's Eye $14.00 Tractor Supply Credit Plan $403.39 Tri-State Paving $12,160.00 LIST OF BILLS FOR THE CITY OF DEVILS LAKE 7-Oct-24 VENDOR AMOUNT DUE Usable Life $604.14 Workforce Safety & Insurance $350.42 TOTAL LIST OF BILLS $3,884,222.89

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