City Commission

Monday, November 4, 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 – October 21, 2024 Awards and Proclamations Public Hearings – 5:30 PM 1) Recommendation from Planning Commission – Conditional Use Permit for Prairie View Elementary Bid Openings – 5:30 PM Visitors or Delegations *Limited to five minutes per guest, unless extended by presiding officer Commission Portfolios - Engineering – Call for Bids – Sidewalk Snow Removal - Auditing - Release of Budgeted Funds – Forward Devils Lake – $50,000 - Auditing – Release of Budgeted Funds – Devils Lake Chamber - $25,000 - Administration - City Office Hours for Friday 11/29/2024 Old Business Consent Agenda New Business 1) Transfer of Liquor License from Lake Region Hotel Group, LLC (Cobblestone) to DLC Hospitality Group 2) Pay Estimate #2 (Final) – Elshaug Construction - Curb, Gutter, and Sidewalk 3) Pay Estimate #4 – Mayo Construction – West Side Mill and Overlay 4) Pay Estimate #11 – Kemper Construction – Watermain 28-23 & 29-23 5) First Reading of Ordinance #1003 - City Municipal Code10.16.442 – Secondary Enforcement Page 1 of 2  6) First Reading of Ordinance #1004 - City Municipal Code 10.16.441 – Use of Safety Belts Required in Certain Motor Vehicles 7) First Reading of Ordinance # 1005 - City Municipal Code10.46.030 - Driving Under Influence of Intoxicating Liquor or Drugs Prohibited Citizen Comment EXECUTIVE SESSION: The Devils Lake City Commission will convene in Executive Session this meeting on November 04, 2024 to discuss the pending litigation of Fuller v. City of Devils Lake, et. al., United States District Court for the District of North Dakota Case Number 3:24-cv-130. The City Commission may convene into executive session for attorney consultation regarding this pending civil litigation pursuant to NDCC §§ 44-04- 19.1 and 44-04-19.2. Informational Items 1) Proposed 2025 City Calendar 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 October 21, 2024 The regular meeting of the Devils Lake City Commission was held on October 21, 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 – October 07, 2024 Commissioner Knowski made a motion to approve the meeting minutes from the October 07, 2024, regular meeting. Commissioner Hach seconded the motion, and the motion was carried unanimously. AWARDS AND PROCLAMATIONS PUBLIC HEARINGS – 5:30 PM BID OPENINGS VISITORS OR DELEGATIONS COMMISSION PORTFOLIOS Commissioner Knowski – The City Engineer said everything was good in the Utilities Department. Commissioner Hach - The City Engineer said they are continuing to work on the grant application and submission to the USDA for the automated truck procurement. The City Assessor said the Planning and Zoning Commission meets on 10/3124 for the conditional use permit for the expansion at Prairie View Elementary. He added that the property information website is up and running and available to the public. Commissioner Uhlenkamp – The City Engineer said everything was going in the Public Ways Department. Commissioner Pierce – The Fire Chief said they will soon interview 4 applicants for the open position in the department and working on the fishing derby. Commissioner Pierce said they had a Law Enforcement Center board meeting. He said they have established a three person committee to explore the feasibility of a new corrections facility. President Moe – The Police Chief said he is working on their new training policy for the department and that the new Detective Sergeant is back from training and has started. The City Administrator and City Attorney said everything was going well in their offices. Mayor Moe said he attended an open house for the completion of Phase 1 of the hospital’s Emergency Room. OLD BUSINESS CONSENT AGENDA NEW BUSINESS 1) Budget Amendments 24-07 & 25-01 – Re-Allocation of Sales Tax Commissioner Uhlenkamp made a motion to approve Budget Amendments 24-07 and 25-01. Commissioner Pierce seconded the motion, and the motion was approved unanimously. 2) Health Insurance Renewal, Setting of Rates, and Budget Amendment 25-02 Commissioner Knowski made a motion to approve the health insurance renewal with Blue Cross Blue Shield North Dakota, setting of health, vision, and dental rates, and budget amendment 25-02. Commissioner Pierce seconded the motion, and the motion was approved unanimously. 3) Recommendation to Concur with NDDOT Award The City Engineer reviewed the micro surfacing and striping work planned for College Drive South between Highway 2 and Highway 19. He said the plans entail reducing the stretch of roadway from 4 lanes to two lanes with a center turn lane. He said this is intended to help improve the flow of traffic, eliminate conflict areas, and assist in snow removal operations for City street crews. Commissioner Pierce asked about the impact on area businesses and access to their properties. The City Engineer said the project will be completed quickly. The City Engineer said the initial striping will be temporary. He said the permanent striping will be implemented the following year. He added there will be additional signage implemented. He said the City is paying for 10% of the project. The City Engineer said with the initial striping being temporary, changes could be made before the permanent striping is put in. Mayor asked about semis turning and the tough angles they may have to take with one lane on a right turn. Commissioner Pierce made a motion to approve the Recommendation to Concur with NDDOT Award. Commissioner Hach seconded the motion, and the motion was approved unanimously on a roll call vote. CITIZEN COMMENT INFORMATIONAL ITEMS 1) September 2024 Financial Report 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 Mayor asked about semis turning and the tough angles they may have to take with one lane on a right turn. Commissioner Pierce made a motion to approve the Recommendation to Concur with NDDOT Award. Commissioner Hach seconded the motion, and the motion was approved unanimously on a roll call vote. CITIZEN COMMENT INFORMATIONAL ITEMS 1) September 2024 Financial Report 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  Notice of Public Hearing The Devils Lake Planning Commission will hold a public hearing on October 31, 2024, 7:00 am, City Office, 423 6th St NE, Devils Lake, ND, to review a request for a conditional use permit to allow an addition to Prairie View School at 200 12th Ave SE. 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: 10-24-24 Notice of Public Hearing The Devils Lake City Commission will hold a public hearing on November 4, 2023, 5:30 pm, City Office, 423 6th St NE, Devils Lake, ND, to review a request for a conditional use permit to allow an addition to Prairie View School at 200 12th Ave SE. 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: 10-24-24, 10-31-24  ORDINANCE NO. ________ AN ORDINANCE WHICH UPON ADOPTION SHALL AMEND, MODIFY, AND ADD TO WHAT HAS BEEN CODIFIED AS SECTION 10.16.442 OF THE DEVILS LAKE MUNICIPAL CODE, AND IN ITS PLACE INCLUDE THE FOLLOWING: BE IT ORDAINED by the Board of Commissioners for the City of Devils Lake, North Dakota, pursuant to the Home Rule Charter that Section 10.16.442 of the Devils Lake Municipal Code shall be amended, modified, added to as follows: 10.16.442 - Secondary enforcement. Repealed.  ORDINANCE NO. ________ AN ORDINANCE WHICH UPON ADOPTION SHALL AMEND, MODIFY, AND ADD TO WHAT HAS BEEN CODIFIED AS SECTION 10.16.441 OF THE DEVILS LAKE MUNICIPAL CODE, AND IN ITS PLACE INCLUDE THE FOLLOWING: BE IT ORDAINED by the Board of Commissioners for the City of Devils Lake, North Dakota, pursuant to the Home Rule Charter that Section 10.16.441 of the Devils Lake Municipal Code shall be amended, modified, added to as follows: 10.16.441 - Use of safety belts required in certain motor vehicles – Enforcement - Evidence. A. Subject to the limitations of this section, a driver may not operate upon a highway a motor vehicle designed for carrying fewer than eleven (11) passengers, which was originally manufactured with safety belts unless each front seat occupant is wearing a properly adjusted and fastened safety belt. This section does not apply to a child in a child restraint or safety belt in accordance with section 10.16.440; to drivers of implements of husbandry; to operators of farm vehicles as defined in subsection 5 of NDCC Section 39-04-19; to rural mail carriers while on duty delivering mail; to an occupant with a medical or physically disabling condition that prevents appropriate restraint in a safety belt, if a qualified physician, physician assistant, or advanced practice registered nurse states in a signed writing the nature of the condition and the reason restraint is inappropriate; or when all front seat safety belts are in use by other occupants. A physician, physician assistant, or advanced practice registered nurse who, in good faith, provides a statement that restraint would be inappropriate is not subject to civil liability. B. A violation for not wearing a safety belt under this section is not, in itself, evidence of negligence. The fact of a violation of this section is not admissible in any proceeding other than one charging the violation. C. Violation of this section is punishable by a fine not to exceed twenty dollars ($20.00).  ORDINANCE NO. ________ AN ORDINANCE WHICH UPON ADOPTION SHALL AMEND, MODIFY, AND ADD TO WHAT HAS BEEN CODIFIED AS SECTION 10.46.030 OF THE DEVILS LAKE MUNICIPAL CODE, AND IN ITS PLACE INCLUDE THE FOLLOWING: BE IT ORDAINED by the Board of Commissioners for the City of Devils Lake, North Dakota, pursuant to the Home Rule Charter that Section 10.46.030 of the Devils Lake Municipal Code shall be amended, modified, added to as follows: 10.46.030 - Driving under influence of intoxicating liquor or drugs prohibited. A. A person may not drive or be in actual physical control of any vehicle upon the roadways or upon public or private areas to which the public has access within the City of Devils Lake if any of the following apply: 1. That person has a blood alcohol concentration of at least eight one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle. 2. That person is under the influence of intoxicating liquor. 3. That person is under the influence of a drug or substance or combination of drugs and/or substances to a degree which renders that person incapable of safely driving. 4. That person is under the combined influence of alcohol and any other drugs and substances to a degree which renders that person incapable of safely driving. 5. That individual refuses to submit to any of the following: a. A chemical test, or tests, of the individual's blood, breath, or urine to determine the alcohol concentration or presence of other drugs, or combination thereof, in the individual's blood, breath, or urine, at the direction of a law enforcement officer under N.D.C.C. § 39-06.2-10.2 if the individual is driving or is in actual physical control of a commercial motor vehicle; or b. A chemical test, or tests, of the individual's blood, breath, or urine to determine the alcohol concentration or presence of other drugs, or combination thereof, in the individual's blood, breath, or urine, at the direction of a law enforcement officer under N.D.C.C. § 39-20-01.  6. Subsection 5 does not apply to an individual unless the individual has been advised of the consequences of refusing a chemical test consistent with the Constitution of the United States and the Constitution of North Dakota. 7. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or other drugs or substances is not a defense against any charge for violating this section. It is an affirmative defense that a drug was used only as directed or cautioned by a practitioner who legally prescribed or dispensed the drug to that person. If the individual violated subsections 1, 2, 3 or 4 and 5 of this subsection and the violations arose from the same incident, for purposes of suspension or revocation of an operator's license, the violations are deemed a single violation and the court shall forward to the department of transportation only the conviction for driving under the influence or actual physical control. B. The court shall take judicial notice of the fact that a conviction would be a subsequent conviction if indicated by the records of the director of the department of transportation or may make such finding based on other evidence. C. Upon conviction of a second offense within seven years, the court may order the motor vehicle number plates of the motor vehicle owned and operated by the offender at the time of the offense to be impounded by the Devils Lake Police Department. The impounded number plates must be sent to the director of the North Dakota Department of Transportation who must retain them for the period of suspension or revocation, subject to their disposition by the court. The court may make an exception to this subsection, on an individual basis, to avoid undue hardship to an individual who is completely dependent on the motor vehicle for the necessities of life, including a family member of the convicted individual and a co-owner of the motor vehicle, or if the offender is participating in the twenty-four seven sobriety program. D. An individual who operates a motor vehicle on a highway or on public or private areas to which the public has a right of access for vehicular use in this state who refuses to submit to a chemical test, or tests required under N.D.C.C. § 39-06.2-10.2 or 39-20-01, is guilty of an offense under this section. E. A person violating this section, or equivalent state statute, for the first or second conviction in a seven-year period shall be charged under this section. A third or subsequent violation of this section, or equivalent state statute, shall be charged in state court. F. A person convicted of violating this section must be sentenced in accordance with North Dakota Century Code § 39-08-01(5).  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 4-Nov-24 VENDOR AMOUNT DUE AIRPORT Capital One-Walmart $14.85 Capital One Trade Credit-Mac's $53.01 Midco $287.00 RDO Equipment $415,575.00 CITY Advanced Business Methods $116.45 Ag Spray Equipment $10.13 Alken Glass Unlimited $70.00 ASCAP $445.67 AT & T $501.69 Bergstrom Electric $642.32 Capital One Trade Credit-Mac's $1,909.50 Corporate Technologies $3,935.00 D & D Roofing $50,943.00 Devils Lake Park Board $49,426.60 DL Chamber of Commerce/Tourism $46,547.03 Elshaug Concret Construction $9,011.38 Exhaust Pros $49.95 Gessner Iron Works $2,708.22 Grand Forks Fraternal Order of Police $630.00 HACH $747.99 Howler Electric $13,205.56 JB Vending $91.19 Kemper Construction $53,309.76 Lakeside Surveillance Lock & Key $8.50 Lake Region Corporation $8,244.00 Leon's Building Center $67.38  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 4-Nov-24 VENDOR AMOUNT DUE Mark's Greenhouse $40.00 Mayo Construction $66,913.70 Mid-Land Excavating $10,075.00 Newby's Ace Hardware $147.31 ND Fraternal Order of Police-State $2,835.00 O'Reilly's Automotive $190.82 Razor Tracking $150.00 Reslock Printing Services $503.94 Samanth Rodriguez-Flores $53.00 Service Tire $3,129.80 Stone's Mobile Radio $826.03 Sue Schwab $14.00 Tanya Weiler $1,000.00 Traffic Logix Corporation $7,833.00 Tri-State Paving $2,166.00 Usable Life $604.14 Verizon Wireless $75.00 Xtreme Signs & Graphix $175.00 TOTAL LIST OF BILLS $755,282.92