City Commission

Monday, December 2, 2024 5:30PM CST Devils Lake Jobs Development Authority Meeting Agenda Meeting Items 1) Call to Order 2) Pledge of Allegiance 3) Approval of Minutes – August 19, 2024 4) BND Flex Pace Buydown – 6 Mile Lodge Expansion 5) Façade Loan – Hometown Hobbies 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 – November 18, 2024 Awards and Proclamations Public Hearings – 5:30 PM Bid Openings – 5:30 PM Visitors or Delegations *Limited to five minutes per guest, unless extended by presiding officer 1) Lake Region UAS Team – Release of Funds ($7,500) Commission Portfolios 1) Fire Dept– Authorization for Travel Out of State 2) Auditing/Police Depts – Budget Amendment 24-08 – Purchase of Radios in FY 2024 vs FY 2025 Old Business Consent Agenda New Business 1) Transfer of Current and Future Opioid Remediation Funds to Lake Region District Health Unit Page 1 of 2  2) Change Order #4 – Kemper Construction 3) Pay Estimate #12 – Kemper Construction 4) Resolution Creating Street Improvement District No. 81-25 5) Resolution Creating Street Improvement District No. 82-25 6) Resolution Creating Street Improvement District No. 83-25 7) Resolution Creating Street Improvement District No. 84-25 8) Resolution Creating Street Improvement District No. 85-25 9) Establishment of Employee & Employer Cost Share for NDPERS Defined Contribution Plan Enrollees Effective January 01, 2025 10) Resolution to Amend Rates and Fees effective January 01, 2025 – Sanitation Base Rate adjustment from $13 to $14. 11) Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code Citizen Comment 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 JOBS DEVELOPMENT AUTHORITY OF THE CITY OF DEVILS LAKE, ND AUGUST 19, 2024 The regular meeting of the Devils Lake Jobs Development Authority was held on August 19, 2024 with the following members present: Jim Moe, Jason Pierce, Joe Knowski, Lisa Uhlenkamp, and Rob Hach. MEETING ITEMS 1) Approval of Minutes – July 1, 2024 Commissioner Pierce made a motion to approve the meeting minutes from the July 1, 2024 meeting of the Jobs Development Authority. Commissioner Uhlenkamp seconded the motion, and the motion was carried unanimously. 2) Sponsorship of Agriculture Education Center – Devils Lake Public Schools Ned Clooten with the Devils Lake School District provided an update on the design, bidding, and construction timeline for the Agriculture Education Center. He also provided an update on the design, bidding, and construction timeline for the project at Prairie View Elementary School. Commissioner Pierce asked about the School Districts financing plans if Measure #4 to eliminate property taxes would pass in November. Mr. Clooten said they will be selling all $27.7 million in bonds prior to that vote. Commissioner Knowski asked where the Agriculture Education Center will be located on the high school campus. Commissioner Hach made a motion to release the $100,000 to the Devils Lake School District for sponsorship of the Agriculture Education Center. Commissioner Pierce seconded the motion, and the motion was approved unanimously on a roll call vote. 3) Retention and Attraction Grant Status Update Suzie Kenner with the Devils Lake Chamber of Commerce provided a briefing on the application submission status of the Retention and Attraction grants. She said they did not receive the workforce attraction grant but did receive the retention grant for up to $250,000. She went over the programming that will be implemented with the reception of the retention grant. She requested that the Growth Fund approve the $30,000 for the local match for the retention grant. Ms. Kenner added that she came to present to the Commission since when the $30,000 was originally committed, it was for two grants, not one. She said they intend to reapply for the attraction grant and if received, the other $30,000 in local matching dollars will come from Tourism. The City Administrator said that if the Commission does not have an objection to the $30,000 local match for just the one grant, then staff would proceed to release the funding. There were no objections. Commissioner Pierce made a motion to release the funds. Commissioner Uhlenkamp seconded the motion and the motion was approved on a roll call vote.  4) Knights Athletics Façade Loan Request Commissioner Pierce made a motion to approve the façade loan request from Knights Athletics. Commissioner Hach seconded the motion, and the motion was approved unanimously on a roll call vote _______________________________ __________________________________ SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF JOBS DEV. AUTHORITY  MEETING MINUTES OF THE CITY COMMISSION OF THE CITY OF DEVILS LAKE, ND NOVEMBER 18, 2024 The regular meeting of the Devils Lake City Commission was held on November 04, 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 – November 4, 2024 Commissioner Pierce made a motion to approve the meeting minutes from the November 4, 2024, regular meeting. Commissioner Knowski seconded the motion, and the motion was carried unanimously. AWARDS AND PROCLAMATIONS PUBLIC HEARINGS – 5:30 PM BID OPENINGS 1) 2024-2025 Sidewalk Snow and Ice Removal There were two bids for 2024-2025 Sidewalk Snow and Ice Removal. Lake Region Builders, Inc. submitted a bid for $21,293.75. Minnie H Snow Removal/John Dahlen submitted a bid for $4,493.75. Commissioner Pierce made a motion to forward the bid documents to the City Engineer for review. Commissioner Uhlenkamp seconded the motion, and the motion was approved unanimously. VISITORS OR DELEGATIONS 1) Lake Region Heritage Center Lisa Crosby with the Lake Region Heritage Center was unable to make the meeting. The City Administrator requested the Commission release the quarter four funds to the Heritage Center. Commissioner Knowski made a motion to release the funds quarter four funds to the Lake Region Heritage Center. Commissioner Uhlenkamp seconded the motion, and the motion was carried unanimously on a roll call vote. COMMISSION PORTFOLIOS Commissioner Pierce – The Fire Chief said they are bringing one of their engines to Fargo for inspection and possibly repair. He said that all the airport specific training is being completed. Commissioner Pierce said they had their first building committee meeting for the Law Enforcement Center. Commissioner Uhlenkamp – The City Engineer said Public Ways is working to ensure that all snow removal equipment is prepared for any potential inclement weather the next couple days. Commissioner Hach – the City Engineer said everything was going well in the Sanitation Department. The City Engineer gave an update on construction at the Ford Lift Station. Commissioner Knowski – The City Egnineer said that near 12 Ave SE there was a water break and work being done in that area. President Moe – The Police Chief noted the police officers that will be promoted to corporals as part of the department restructure. The City Administrator noted the Chamber’s Holiday Celebration on November 30th downtown and encouraged everyone’s attendance. The City Administrator said at the next meeting there will be an item pertaining to the employee and employer cost shares for the new defined contribution NDPERS retirement plan. The City Administrator said staff is looking to coordinate with Lake Region District Health Unit on use of the City’s received and future incoming opioid remediation funds and that a conversation on that will take place at the next Commission meeting. The City Administrator said the auditors were on site last week and that it went without issue. He added that Moody’s asked if the City wanted to maintain the organization’s issuer rating given the City no longer has debt issued by Moody’s. The City Administrator said that after consulting with Northland Securities, the City’s financing advisor, that it would be in the city’s best interest to let the issuer rating expire and seek a new rating the next time the City issues debt. He said he would follow-up with Moody’s with that determination unless there were objections from the Commission. There were no concerns expressed by the Commission. The City Attorney said everything was going well in his office. The City Engineer recommended accepting the bid from Minnie H Snow Removal $4,493.75 He said the contractor with the low bid did not include a letter from their insurance company as part of the bid package. He said the Commission has the discretion to waive technicalities and is noted as part of the bid advertisement. The City Engineer said he will make sure they include the paperwork prior to beginning any work. Commissioner Pierce made a motion to waive the technicality and award the 2024-2025 Sidewalk Snow and Ice Removal contract Minnie H Snow Removal in the amount of $4,493.75. Commissioner Uhlenkamp seconded the motion, and on a roll call vote, the motion was carried unanimously. OLD BUSINESS CONSENT AGENDA NEW BUSINESS 1) Second Reading of Ordinance #1003 - City Municipal Code10.16.442 – Secondary Enforcement Commissioner Pierce made a motion to approve Ordinance #1003. Commissioner Knowski seconded the motion, and the motion was carried unanimously. 2) Second Reading of Ordinance #1004 - City Municipal Code 10.16.441 – Use of Safety Belts Required in Certain Motor Vehicles Commissioner Uhlenkamp made a motion to approve Ordinance #1004. Commissioner Hach seconded the motion, and the motion was carried unanimously. 3) Second Reading of Ordinance # 1005 - City Municipal Code10.46.030 - Driving Under Influence of Intoxicating Liquor or Drugs Prohibited Commissioner Pierce made a motion to approve Ordinance #1005. Commissioner Hach seconded the motion, and the motion was carried unanimously. 4) 2025 Proposed City Calendar Commissioner Pierce made approve the 2025 calendar. Commissioner Uhlenkamp seconded the motion, and the motion was carried unanimously. CITIZEN COMMENT INFORMATIONAL ITEMS 1) October Financials LIST OF BILLS Commissioner Pierce made a motion to approve the List of Bills. Commissioner Knowski 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  CITY OF DEVILS LAKE COMBINED CASH INVESTMENT NOVEMBER 30, 2024 COMBINED CASH ACCOUNTS CASH ALLOCATION RECONCILIATION 2044 ALLOCATION TO OPIOID SETTLEMENT 11,960.96 TOTAL ALLOCATIONS TO OTHER FUNDS 11,960.96 ZERO PROOF IF ALLOCATIONS BALANCE 11,960.96 FOR ADMINISTRATION USE ONLY 92 % OF THE FISCAL YEAR HAS ELAPSED 12/02/2024 10:13AM PAGE: 1  CITY OF DEVILS LAKE BALANCE SHEET NOVEMBER 30, 2024 OPIOID SETTLEMENT ASSETS 2044-000-11000 CASH IN COMBINED FUND 11,960.96 TOTAL ASSETS 11,960.96 LIABILITIES AND EQUITY FUND EQUITY 2044-000-30000 FUND BALANCE 5,723.05 TOTAL FUND EQUITY 11,960.96 TOTAL LIABILITIES AND EQUITY 11,960.96 FOR ADMINISTRATION USE ONLY 92 % OF THE FISCAL YEAR HAS ELAPSED 12/02/2024 10:13AM PAGE: 2  CITY OF DEVILS LAKE REVENUES WITH COMPARISON TO BUDGET FOR THE 11 MONTHS ENDING NOVEMBER 30, 2024 OPIOID SETTLEMENT PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 2044-000-36850 SETTLEMENT PROCEEDS 6,237.91 6,237.91 .00 ( 6,237.91) .0 TOTAL SOURCE 36 6,237.91 6,237.91 .00 ( 6,237.91) .0 TOTAL FUND REVENUE 6,237.91 6,237.91 .00 ( 6,237.91) .0 NET REVENUE OVER EXPENDITURES 6,237.91 6,237.91 .00 ( 6,237.91) .0 FOR ADMINISTRATION USE ONLY 92 % OF THE FISCAL YEAR HAS ELAPSED 12/02/2024 10:13AM PAGE: 3  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 Contractor: Kemper Construction Date: 12/2/24 Change Order #: 4 Change Order Description 4A – The water main plans call for the replacement of water main along 4th St SE at College Dr S to tie into what was believed to be 6” PVC completed as part of a different project. However, it was determined prior to excavation that the existing water main was likely the 6” CI water main that was to be replaced directly connected to a 10” CI Tee. To complete the work, a revised connection was needed, including a 10” PE MJ Adapter, 10” PE 22.5Deg Bend and 10” x 8” PE Reducer, to tie into the planned 8” GV that was installed at this location. In addition, it was determined that the line feeding 320 College Dr S was fed from an existing 6” AC water main that directly tied into the 6” CI water main that was to be replaced with a 6” Tee and 6” GV. The plans were revised to show this additional 6” GV, 8” x 6” Tee and connection to the existing 6” AC water main. 4B – During install of the water main at 4th St SE/5th Ave SE, it was determined that the water main directly under 5th Ave SE along 4th St SE was 6” DI water main as opposed to 6” CI water main. During the pipe bursting process, the splitter head was unable to split the DI water main. To complete the work, the Contractor had to pull the pipe into a pit on the west side of 5th Ave SE along 4th St SE, and longitudinally cut the DI water main to remove it from the bursting machine rods. 6 hours of additional work was required on 7/24/24 and 7 hours of additional work on 7/25/24. This change order includes a lump sum bid item for the additional work required to complete this work. This change order revises the quantities listed in the table below at the unit price agreed to with the Contractor. Change Order Summary – 4A Plan Sheet Changes Section Sheet Description 8 1 Revised drawing to show updated quantities as listed below. Revised drawing to show existing water main material and size at the intersection of 4th 60 4 St SE/College Dr S and connection to 320 College Dr S. Revised connections at this intersection and service line. Page 1 of 3 Added Quantities Spec Code Item Description Quantity Unit Unit Price Extended Price 724 6832 10IN 22.5Deg Bend 1 EA $2,163.81 $2,163.81 724 7013 10IN X 8IN Reducer 1 EA $1,983.01 $1,983.01 Total: $4,146.82 Increased Quantities Spec Code Item Description Quantity Unit Unit Price Extended Price 430 0001 Full Depth HMA Replacement 22 SY $150.00 $3,300.00 724 0300 Gate Valve & Box 6IN 1 EA $5,187.00 $5,187.00 724 0944 Connection to Existing Main 1 EA $4,485.00 $4,485.00 724 6980 8IN X 8IN X 6IN Tee 1 EA $3,541.00 $3,541.00 Total: $16,513.00 Change Order Summary – 4B Added Quantities Spec Code Item Description Quantity Unit Unit Price Extended Price Watermain Removal - Ductile 724 9996 1 L SUM $6,790.00 $6,790.00 Iron Total: $6,790.00 Change Order Summary Change Order Net Increase/Decrease: $27,449.82 Contract Price Prior to Change Order: $2,759,082.50 Total Contract Price: $2,786,532.32 Page 2 of 3  Resolution Creating Project 250101 Street Improvement District No 81-25 14th St NE and 14th Ave NE and Ordering the Preparation of a Preliminary Report BE IT RESOLVED by the Board of City Commissioners of the City of Devils Lake, North Dakota, as follows: 1. Pursuant to the provisions of Chapter 40-22 of the North Dakota Century Code, Street Improvement District 81-25 is created for the purpose of improving the above noted roadways through installation of asphalt and miscellaneous items, and to defray a portion of the costs thereof by the levy and collection of special assessments in said District. 2. It is the judgment of this Board of City Commissioners, after consultation with the engineer planning the improvement for the City, the project will specially benefit some of the properties within the district, the size and form of which is defined using the plats and maps on file in the office of the Register of Deeds of Ramsey County, North Dakota, as follows: Parcels of land included within the boundary of the District are shown on the attached map labeled as Street Improvement District 81-25. 3. The City Engineer is directed to prepare a report as to the general nature, purpose and feasibility of the proposed project and an estimate of the probable cost of the work. Voting aye were Commissioners _________________________________________________________ Voting nay were Commissioners _________________________________________________________ Absent and not voting were Commissioners ________________________________________________ Dated this 2nd day of December, 2024. Attest: City of Devils Lake ______________________________________ ________________________________________ Spencer Halvorson, Administrator/Auditor Jim Moe, President of City Commission  Resolution Creating Project 250102 Street Improvement District No 82-25 Janna Place, Lynn Place, Cherry Place and Ordering the Preparation of a Preliminary Report BE IT RESOLVED by the Board of City Commissioners of the City of Devils Lake, North Dakota, as follows: 1. Pursuant to the provisions of Chapter 40-22 of the North Dakota Century Code, Street Improvement District 82-25 is created for the purpose of improving the above noted roadways through mill and overlay and miscellaneous items, and to defray a portion of the costs thereof by the levy and collection of special assessments in said District. 2. It is the judgment of this Board of City Commissioners, after consultation with the engineer planning the improvement for the City, the project will specially benefit some of the properties within the district, the size and form of which is defined using the plats and maps on file in the office of the Register of Deeds of Ramsey County, North Dakota, as follows: Parcels of land included within the boundary of the District are shown on the attached map labeled as Street Improvement District 82-25. 3. The City Engineer is directed to prepare a report as to the general nature, purpose and feasibility of the proposed project and an estimate of the probable cost of the work. Voting aye were Commissioners _________________________________________________________ Voting nay were Commissioners _________________________________________________________ Absent and not voting were Commissioners ________________________________________________ Dated this 2nd day of December, 2024. Attest: City of Devils Lake ______________________________________ ________________________________________ Spencer Halvorson, Administrator/Auditor Jim Moe, President of City Commission  Resolution Creating Project 250102 Street Improvement District No 83-25 2 St NE between 6 Ave & 12th Ave, 9th Ave NE between Walnut St & 4th St, 7th nd th Ave NE between Walnut & 7th St, Misc Avenues between 6th St NE & 7th St NE and Ordering the Preparation of a Preliminary Report BE IT RESOLVED by the Board of City Commissioners of the City of Devils Lake, North Dakota, as follows: 1. Pursuant to the provisions of Chapter 40-22 of the North Dakota Century Code, Street Improvement District 83-25 is created for the purpose of improving the above noted roadways through mill and overlay and miscellaneous items, and to defray a portion of the costs thereof by the levy and collection of special assessments in said District. 2. It is the judgment of this Board of City Commissioners, after consultation with the engineer planning the improvement for the City, the project will specially benefit some of the properties within the district, the size and form of which is defined using the plats and maps on file in the office of the Register of Deeds of Ramsey County, North Dakota, as follows: Parcels of land included within the boundary of the District are shown on the attached map labeled as Street Improvement District 83-25. 3. The City Engineer is directed to prepare a report as to the general nature, purpose and feasibility of the proposed project and an estimate of the probable cost of the work. Voting aye were Commissioners _________________________________________________________ Voting nay were Commissioners _________________________________________________________ Absent and not voting were Commissioners ________________________________________________ Dated this 2nd day of December, 2024. Attest: City of Devils Lake ______________________________________ ________________________________________ Spencer Halvorson, Administrator/Auditor Jim Moe, President of City Commission  Resolution Creating Project 250102 Street Improvement District No 84-25 13 Avenue NE & 6th St NE between 12th Ave & 14th Ave th and Ordering the Preparation of a Preliminary Report BE IT RESOLVED by the Board of City Commissioners of the City of Devils Lake, North Dakota, as follows: 1. Pursuant to the provisions of Chapter 40-22 of the North Dakota Century Code, Street Improvement District 84-25 is created for the purpose of improving the above noted roadways through mill and overlay and miscellaneous items, and to defray a portion of the costs thereof by the levy and collection of special assessments in said District. 2. It is the judgment of this Board of City Commissioners, after consultation with the engineer planning the improvement for the City, the project will specially benefit some of the properties within the district, the size and form of which is defined using the plats and maps on file in the office of the Register of Deeds of Ramsey County, North Dakota, as follows: Parcels of land included within the boundary of the District are shown on the attached map labeled as Street Improvement District 84-25. 3. The City Engineer is directed to prepare a report as to the general nature, purpose and feasibility of the proposed project and an estimate of the probable cost of the work. Voting aye were Commissioners _________________________________________________________ Voting nay were Commissioners _________________________________________________________ Absent and not voting were Commissioners ________________________________________________ Dated this 2nd day of December, 2024. Attest: City of Devils Lake ______________________________________ ________________________________________ Spencer Halvorson, Administrator/Auditor Jim Moe, President of City Commission  Resolution Creating Project 250104 Street Improvement District No 85-25 Alleys and Parking Lots Within Downtown and Surrounding Area and Ordering the Preparation of a Preliminary Report BE IT RESOLVED by the Board of City Commissioners of the City of Devils Lake, North Dakota, as follows: 1. Pursuant to the provisions of Chapter 40-22 of the North Dakota Century Code, Street Improvement District 85-25 is created for the purpose of improving the above noted roadways through mill and overlay and miscellaneous items, and to defray a portion of the costs thereof by the levy and collection of special assessments in said District. 2. It is the judgment of this Board of City Commissioners, after consultation with the engineer planning the improvement for the City, the project will specially benefit some of the properties within the district, the size and form of which is defined using the plats and maps on file in the office of the Register of Deeds of Ramsey County, North Dakota, as follows: Parcels of land included within the boundary of the District are shown on the attached map labeled as Street Improvement District 85-25. 3. The City Engineer is directed to prepare a report as to the general nature, purpose and feasibility of the proposed project and an estimate of the probable cost of the work. Voting aye were Commissioners _________________________________________________________ Voting nay were Commissioners _________________________________________________________ Absent and not voting were Commissioners ________________________________________________ Dated this 2nd day of December, 2024. Attest: City of Devils Lake ______________________________________ ________________________________________ Spencer Halvorson, Administrator/Auditor Jim Moe, President of City Commission  STAFF REPORT CITY COMMISSION MEETING DECEMBER 02, 2024 Agenda Item: Employer & Employee share of NDPERS Defined Contribution Retirement Offering effective January 01, 2025 Submitted By: Spencer Halvorson, City Administrator/Auditor Staff Recommended Action: Approve the depicted Employer & Employee share of NDPERS Defined Contribution Retirement Offering effective January 01, 2025 BACKGROUND AND ANALYSIS The Defined Benefit (DB) NDPERS retirement plan for future employees hired Jan 1, 2025 and thereafter has been changed to a Defined Contribution (DC) Plan. The Defined Contribution plan works similar to a 401K seen in the private sector. These changes will not effect current Police Department employees in the NDPERS Public Safety Plan. The City needs to determine its cost share of the DC plan offered to new employees in 2025. Below shows the minimum contribution proportions for both the DB and DC plans, and employers can choose to cover and increased share beyond the minimum contribution. Current Defined Benefit Plan New Defined Contribution Plan Total Contribution 16.26% 9.26% + 3% match City Minimum 9.26% 5.26% Contribution Employee Contribution 7.00% 4.00% The City currently contributes 10.07% and employees contribute 6.19% to the Defined Benefit Plan. In the effort to be most fair, equitable, and reasonable for the City’s cost share of both plans, it is proposed that the cost shares be as depicted below:  Defined Defined Defined Defined Defined Benefit Contribution Contribution Contribution Contribution (Current) (No Match) (1% Match) (2% Match) (3% Match) City Share 10.07% 7.07% 8.07% 9.07% 10.07% Employee 6.19% 2.19% 3.19% 4.19% 5.19% Share Total 16.26% 9.26% 11.26% 13.26% 15.26% Employees that are hired into the DC plan will not have to contribute as much to their plans as current members in the DB plan due to the decrease in total contributions (16.26% vs 9.26%). If approved by the Commission, the City will be contributing the same percentage of an employee’s salary between those in the DB plan compared to those in the DC plan that are taking full advantage of the matching opportunity.  STAFF REPORT CITY COMMISSION MEETING DECEMBER 02, 2024 Agenda Item: Resolution to Amend Rates and Fees – Sanitation Base Rate adjustment from $13 to $14 effective January 01, 2025 Submitted By: Spencer Halvorson, City Administrator/Auditor Staff Recommended Action: Approve the resolution amending rates and fees for the Sanitation Base Rate from $13 to $14 effective January 01, 2025 BACKGROUND AND ANALYSIS An absence of a market for recyclable materials beyond a limited cardboard market has reduced the revenue generating capabilities of the City’s recycling program. The decline in the recycling market beginning in 2023 has depleted the break-even ability of the sanitation fund, with our budgeted reserve balance to end 2025 below 30% of yearly expenses. SANITATION/RECYCLING EXPENSES & REVENUE OVERALL Budgeted Budgeted 2021 2022 2023 2024 2025 Revenue $ 60,663 $ 78,920 $ 640 $ 13,447 $ - Costs $ 99,057 $ 97,374 $ 101,252 $ 115,000 $ 105,000 Net $ (38,394) $ (18,454) $ (100,612) $ (101,553) $ (105,000) Dept Net $ 89,327 $ 44,926 $ (41,927) $ (20,000) $ (27,000) Reserve % of Yrly Expenses 39.5% 39.0% 34.2% 30.0% 28.0% After further assessment and review of the recycling market and its long-term implications for the sanitation department’s financial sustainability, staff recommends increasing the sanitation base rate from $13 to $14 effective January 01, 2025. In the original 2025 budget process, the City Commission approved a resolution amending rates and fees, which included an adjusmtnet in the sanitation base rate from $12 to $13. The attached resolution is to raise the base rate from $12 to $14 overall between 2024 and 2025.The adjustment from $13 to $14 will bring in an estimated additional $31,000 in revenue beyond the current budget amount to the Sanitation Fund. City administration intends to meet with Lake Region Corporation (LRC) leadership in the next couple weeks to assess where both the City and LRC stand as far as the recycling program, review current agreements, and review service delivery capabilities for the short and long term. ATTACHED - Resolution to Amend Rates and Fees  City of Devils Lake 423 6th St NE PO Box 1048 Devils Lake, ND 58301 www.dvlnd.com RESOLUTION TO ESTABLISH RATES AND FEES EFFECTIVE JANUARY 1, 2025 WHEREAS, The Board of City Commissioners of the City of Devils lake, North Dakota (The “City”) make the following changes to its effective rates and fees schedule, effective January 1, 2025. - Adjust Sanitation base rate from $12.00 to $14.00 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The City has amended its rates and fees schedule. Adopted this 2nd day of December, 2024. ATTEST: CITY OF DEVILS LAKE ________________________ _______________________ Spencer Halvorson Jim Moe, President City Administrator/Auditor Devils Lake City Commission The motion for the adoption of the foregoing resolution was duly made by Commissioner __________________, seconded by Commissioner __________________ and upon vote being taken thereon, the following voted in favor: Commissioners ____________________________________________, the following voted against the same: _______________________________________, and the following were absent: ____________________________; whereupon said resolution was declared duly passed and was signed by the President of the City Commission and by the City Auditor.  RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Commission (the "Commission") of the City of Devils Lake, North Dakota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City (as the issuer of or the primary obligor under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). (c) The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Commission hereby authorizes the Administrator/Auditor to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations.  (b) Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect that reimbursement bonds will be issued to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Commission shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3. Reimbursement Allocations. If the City is acting as the issuer of the reimbursement bonds, the designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Adopted this 2nd day of December, 2024. _________________________________ Mayor James Moe ATTEST: _____________________________ City Administrator/Auditor Spencer Halvorson  CERTIFICATION The undersigned, being the duly qualified City Administrator/Auditor of the City of Devils Lake, North Dakota, hereby certifies the following: The foregoing is true and correct copy of Resolution No. ________ on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly adopted by the governing body of the City (the "Commission") at a Regular meeting of the Commission held on December 2, 2024. Said meeting was duly called, regularly held, open to the public, and held at the place at which meetings of the Commission are regularly held. Commission Member __________ moved the adoption of the Resolution, which motion was seconded by _______________. A vote being taken on the motion, the following members of the Commission voted in favor of the motion to adopt the Resolution: Commission Members and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full force and effect and no action has been taken by the Commission which would in any way alter or amend the Resolution. WITNESS MY HAND officially as the City Administrator/Auditor of the City of Devils Lake, North Dakota, this 2nd day of December, 2024. ______________________________ Spencer Halvorson City Administrator/Auditor A-1  EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed City Administrator/Auditor of the City of Devils Lake, North Dakota (the "City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the Devils Lake City Commission to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed: South Side Watermain Project. 3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $2,000,000 is the maximum principal amount of the Bonds which will be issued to finance the Project. 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: December 2, 2024 ____________________________________ Spencer Halvorson City Administrator/Auditor  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 2-Dec-24 VENDOR AMOUNT DUE AIRPORT Dakota Implement $75.83 Dennis Olson $250.00 DL Chamber of Commerce $600.00 Midco $290.35 Scott Cruse $1,400.00 CITY Advanced Business Methods $116.25 Advanced Engineering & Enviromental Services $3,883.50 Aramark $1,251.71 AT & T $302.20 Balco Uniform $140.80 Bergstrom Electric $627.21 Capital One-Walmart $759.88 Capital One Trade Credit-Mac's $114.81 City of Devils Lake $1,594.44 Corporate Technologies $3,935.00 Corporate Warehouse Supply $1,119.75 Creative Impressions $150.00 Dakota Implement-NAPA $8,018.69 Decorated Wearables $1,087.20 Devils Lake Cars $2,901.10 Dl Chamber of Commerce/Tourism $49,716.22 Devils Lake Park Board $57,238.01 Eddy County Treasurer $796.41 Exhaust Pros $115.00 Gessner Ironworks $627.47 Grainger $246.32  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 2-Dec-24 VENDOR AMOUNT DUE Grand Forks Fire Equipment $80.26 Hawkins $90.00 Indelco Plastics Corporation $144.99 Information Technology $545.70 Interstate Power Systems $1,036.51 Ironhide Equipment $4,500.00 Jeremy Beck $80.00 JB Vending $331.18 Keller's Briteway $26.00 Kemper Construction $123,320.33 Klemestrud Plumbing $797.00 Lake Region Corporation $522.50 Leon's Building Center $173.18 M & T Fire Safety $170.80 Newby's Ace Hardware $204.01 ND Water Coalition $1,000.00 O'Reilly's Automotive $38.09 Office Depot $205.47 Oldcastle Infrastructure $2,766.40 Powerplan BF-RDO Equipment $3,250.18 Prairie Truck & Tractor Repair $3,049.30 Quill $399.90 Razor Tracking $75.00 Sewer Equipment Co. of America $1,591.38 Tanya Weiler $1,000.00 Toshiba Business Solutions $17.70 Tractor Supply Credit Plan $1,645.75 Usable Life $543.88 Vanguard Appraisials $2,480.00  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 2-Dec-24 VENDOR AMOUNT DUE TOTAL LIST OF BILLS $287,443.66