City Commission

MEETING MINUTES OF THE CITY COMMISSION OF THE CITY OF DEVILS LAKE, ND April 21, 2025 The regular meeting of the Devils Lake City Commission was held on April 21, 2025 with the following members present: President Moe and Commissioners Hach, Knowski, Pierce and Uhlenkamp. MEETING ITEMS 1) Call to Order 2) Approval of Minutes – April 07, 2025 Commissioner Knowski made a motion to approve the minutes from the April 07, 2025 City Commission meeting. Commissioner Hach seconded the motion, and the motion was approved unanimously. AWARDS AND PROCLAMATIONS PUBLIC HEARINGS – 5:30 PM BID OPENINGS – 5:30 PM 1) Devils Lake City Project 250102 The City Administrator opened bids for City Project 250102. The Bids were as follows: - Strata Corporation – $1,021,098.10 - Central Specialties, Inc. - $1,226,998.25 Commissioner Pierce made a motion to refer the bids for review to the City Engineer. Commissioner Uhlenkamp seconded the motion, and the motion was approved unanimously. 2) Devils Lake City Project 250103 The City Administrator opened bids for City Project 250103. The Bids were as follows: - Asphalt Preservation Company, Inc. - $406,910.26 - Morris Sealcoat and Trucking, Inc. – $444,946.67 - Aztec Corporation - $422,547.67 Commissioner Pierce made a motion to refer the bids for review to the City Engineer. Commissioner Uhlenkamp seconded the motion, and the motion was approved unanimously. 3) Devils Lake City Project 250104 The City Administrator opened bids for City Project 250104. The Bids were as follows: - Strata Corporation - $292,050.35 - Tri-State Paving and Concrete, Inc. – $428,986.15 Commissioner Pierce made a motion to refer the bids for review to the City Engineer. Commissioner Uhlenkamp seconded the motion, and the motion was approved unanimously. VISITORS OR DELEGATIONS *Limited to five minutes per guest, unless extended by presiding officer COMMISSION PORTFOLIOS Commissioner Pierce - The Fire Chief requested to have out-of-state travel approved for trainings in Wisconsin. Commissioner Pierce made a motion to approve the out of state travel. The motion was seconded by Commissioner Hach, and the motion was approved unanimously. The Fire Chief said they have submitted for the grant reimbursements for the SIRN radios that were purchased earlier in the year. Commissioner Pierce provided an update on business in front of the Law Enforcement Center Board. He asked about cleaning up graffiti on both the east and west underpasses, especially in advance of Devils Run weekend. Commissioner Uhlenkamp – The City Engineer said they are continuing to do some crack sealing and alley work. Commissioner Hach – The Sanitation Director said Spring Cleanup operations are upcoming. He said they are continuing to monitor the state of the alleys to project when garbage cans can go back into the alley. The City Engineer said everything was going well in the Engineering Department. The City Assessor said there is a Planning Commission meeting for two public hearings on Thursday morning. The Airport Director said everything was going well at the airport. Commissioner Knowski – the City Engineer there are two open positions in the utilities department. President Moe – The Police Chief said everything was going well in their department. He said they The City Administrator provided an overview of how nuisance enforcement operations will proceed between departments moving forward. He said the department head team feels they can adequately do what they need to from an enforcement point of view with the ordinances already in place. He said the Sanitation Department will assist with the removal of trash, garbage, and junk that can reasonably be removed with manual labor. Anything that requires heavy machinery will be the responsibility of the property owner. They will have a defined timeline to remove the junk or would proceed down the criminal procedure process with an infraction or misdemeanor. The City Administrator said the Nuisance Officer will be responsible for identifying what items need to be removed if there is a subjective decision to be made. If it is known there may be a likelihood of a property owner dispute with City staff, the Police Department will be on site to monitor the situation for the safety of City staff members. Mayor Moe said he would be attending the grand opening of Runnings. The Mayor said Altru and CHI St. Alexius are still waiting on the Vatican to approve the agreement transitioning ownership of the hospital. OLD BUSINESS CONSENT AGENDA NEW BUSINESS 1) Curbside Recycling Service The City Administrator gave a presentation on the City’s partnership with Lake Region Corporation (LRC) for the curbside recycling service. He said that with the current LRC supervisor of the program planning to retire in the summer, the absent market for the selling of recyclable materials, and future capital expenses that would need to be made by LRC to procure a new recycling truck, that City staff and LRC intend to put forwarded an amended agreement to the City Commission at the next meeting which would terminate the curbside recycling program. The City Administrator said the agreement would be modified to where LRC would still be responsible for the baling of recyclable materials at the recycling center but no longer provide the curbside pick-up service. He added that the residents would still collect recyclable materials at the recycling center drop-off site. The City Administrator said this amended agreement would continue the collaborative partnership going between the two organizations, and that it seems to be something in the mutual interest of both organizations. He added that it was a good program and partnership for the last 30 years. Rodney Ivesdal with Lake Region Corporation expressed his appreciation to the City Commission for the partnership throughout the last 30 years. Mayor Moe thanked Rodney for his many years of service to the community through his management of the curbside recycling program. Alyssa Tofsrud with Lake Region Corporation reasserted their desire to keep the partnership going with the baling of recyclables which would continue to provide jobs for their clients. He said they will continue to work on the agreement in advance of the next City Commission meeting. She said with all the training and certifications that need to be completed to supervise the curbside recycling program, it would be very difficult to replace the current supervisor, as well as the need for a new truck and the high cost associated with that. 2) Resolution Calling for a Special Election to Empower City Commission to Approve an Additional .50% Sales Tax The City Administrator reviewed the resolution before the Commission which would call for a special election to approve an additional .50% sales tax. Commissioner Pierce stressed the need to communicate to the public all the parts of the sales tax, not just the facility piece of it. Commissioner Knowski said he likes the plan and thinks City residents have a lot to gain from its approval. Commissioner Knowski made a motion to approve the resolution calling for a special election. Commissioner Hach seconded the motion, and the motion was approved unanimously. 3) Reappointments to Shade Tree Committee Commissioner Hach made a motion to reappoint Terry Wallace and Sara Laite as members of the Shade Tree Committee as well as appoint Jessica Kuntz. Commissioner Knowski seconded the motion, and the motion was approved unanimously. 4) Transient Merchant Permit – Jenay Boucher (Mobile Coffee Trailer) The City Administrator requested the Commission’s input on approval of the transient merchant permit for a portable coffee trailer. He said the City permit requires the applicant get a State Transient Merchant Permit. He said that the state does not require a permit if the vendor is selling what they define as “agricultural products”, which is essentially food and food trucks, of which coffee would fall under. He said some permits have been approved without the state permit but that he would like to get the Commission’s clarity on if they still want them to get a state permit, which the state will still issue even though it’s not required by them. The applicant, Jenay Boucher, did address the commission. She said she has done all the local permitting and has the necessary insurance. Commissioner Knowski said he recognizes that some of the established businesses in town that pay property taxes aren’t super supportive of the transient merchants. He asked what her hours were intending to be and she said it would be her full time job. The City Administrator said the permit is $50 per day or $500 for the whole year. Commissioner Pierce made a motion to approve the transient merchant permit and to remove the requirement to have a state issued transient merchant permit for the sale of agricultural products consistent with the State of North Dakota’s definition. Commissioner Hach seconded the motion. Commissioner Knowski said they should require proof of insurance as well. The City Administrator said they will make sure to have that documentation on file. The motion carried unanimously.. 5) Second Reading of Ordinance 1006 – Planning & Zoning Commission – Camp Grafton Commissioner Knowski made a motion to approve Ordinance 1006. Commissioner Pierce seconded the motion, and the motion was approved unanimously. 6) Second Reading of Ordinance 1007 – City Code 8.04.015 : Nuisances – Purpose Commissioner Pierce made a motion to approve Ordinance 1007. Commissioner Uhlenkamp seconded the motion, and the motion was approved unanimously. 7) Second Reading of Ordinance 1008 - City Code 8.04.030 : Nuisances - Abatement Notice Commissioner Pierce made a motion to approve Ordinance 1008. Commissioner Hach seconded the motion, and the motion was approved unanimously. 8) Second Reding of Ordinance 1009- City Code 8.04.050 : Nuisances – Exemptions Commissioner Knowski made a motion to approve Ordinance 1009. Commissioner Pierce seconded the motion, and the motion was approved unanimously. 9) Second Reading of Ordinance 1010 – City Code 8.04.060 : Nuisances – Maintaining Public Nuisance – Penalty Commissioner Pierce made a motion to approve Ordinance 1010. Commissioner Uhlenkamp seconded the motion, and the motion was approved unanimously. 10) Second Reading of Ordinance 1011 - City Code 8.08.080 : Nuisances – Penalty Commissioner Uhlenkamp made a motion to approve Ordinance 1006. Commissioner Knowski seconded the motion, and the motion was approved unanimously. Citizen Comment Arne Berg addressed the Commission regarding nuisances and enforcement. He said it looks like progress is being made with the approval of the new ordinances. He added that he thought the streets in town are in really good shape. He said they were in rough condition not too long ago but it is clear a lot of good progress has been made. Kirk Baeth with the Lake Region State College Booster Club gave an update to the City Commission on the serving of alcohol at the LRSC hockey games. He said they had no instances of inappropriate behavior, and that the arrangement went well. Informational Items 1) February 2025 Finances LIST OF BILLS Commissioner Pierce made a motion to approve the list of bills as submitted. 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 CITY COMMISSION