City Commission

Monday, May 5, 2025 5:30PM CST City Commission Meeting Agenda Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Meeting Items 1) Call to Order 2) Approval of Minutes – April 21, 2025 Awards and Proclamations 1) Arbor Day Proclamation Public Hearings – 5:30 PM 1) Change in Zoning – Pine Meadows → TABLE 2) Change in Zoning – Sublot A of Outlot 44-0045 Bid Openings – 5:30 PM 1) 2025 Curb, Gutter, and Sidewalk 2) 2025 Street Repair 3) Automated Refuse Truck Visitors or Delegations *Limited to five minutes per guest, unless extended by presiding officer 1) Devils Lake Rodeo Club – Brandon Padilla Commission Portfolios 1) Engineering: Recommend Award of Bid – Project 250101 2) Engineering: Recommend Award of Bid – Project 250102 3) Engineering: Recommend Award of Bid – Project 250103 4) Engineering: Recommend Award of Bid – Project 250104 5) City Administrator: Special Election Tentative Timelines Old Business Consent Agenda New Business 1) Reappointments to Board of Adjustments 2) Reappointments to Shade Tree Committee 3) Agreement with Lake Region Corporation – Recycling Service 4) Ordinance 1012: Section 8.08.010 - Definitions 5) Ordinance 1013: Section 8.08.050 – Maintenance of Blighted Structures Unlawful Page 1 of 2  6) Ordinance 1014: Section 8.08.070 – Removal by Police Department or Another City Entity, Agent, or Designee 7) Ordinance 1015: Section 8.012.020 – Sanitation Requirements 8) Ordinance 1016: Chapter 8.32 – Blighted or Substandard Buildings or Structures 9) Ordinance 1017: Section 8.32.011 – Definition of Blighted Structures 10) Ordinance 1018: Section 8.32.012 – Maintenance of Blighted Structure Unlawful 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 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 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  ARBOR DAY PROCLAMATION WHEREAS, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, This holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world; and WHEREAS, Trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen and provide habitat for wildlife; and WHEREAS, Trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and beautify our community and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Trees, wherever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Devils Lake has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree-planting practices. NOW, THEREFORE, I, Jim Moe, Mayor of the City of Devils Lake, do hereby proclaim May 16, 2025, as: "ARBOR DAY" in the City of Devils Lake, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Dated this 5th day of May, 2025. Jim Moe, Mayor City of Devils Lake  Notice of Public Hearing The Devils Lake Planning Commission will hold a public hearing on March 27, 2025, 7:00 am, City Office, 423 6th St NE, Devils Lake, ND, to review a request for a change in zoning from Single Family to Residential-Low Density for Lots 6-8, Block 2 and Lots 1- 4, Block 3, and Lots 10-12, Block 3 of Pine Meadows Subdivision (located west of the DL Airport). 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: 3-20-25 Notice of Public Hearing The Devils Lake City Commission will hold a public hearing on April 7, 2025, 5:30 pm, City Office, 423 6th St NE, Devils Lake, ND, to review a request for a change in zoning from Single Family to Residential-Low Density for Lots 6-8, Block 2 and Lots 1-4, Block 3, and Lots 10-12, Block 3 of Pine Meadows Subdivision (located west of the DL Airport). 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: 3-20-25, 3-27-25  Notice of Public Hearing The Devils Lake Planning Commission will hold a public hearing on April 24, 2025, 7:00 am, City Office, 423 6th St NE, Devils Lake, ND, to review a request for a change in zoning from agricultural to residential rural suburban for Sublot A of Outlot 44-0045 to allow construction of a single family home (located NE1/4SE1/4 Section 19, on 50th St NE). 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: 4-17-25 Notice of Public Hearing The Devils Lake City Commission will hold a public hearing on May 5, 2025, 5:30 pm, City Office, 423 6th St NE, Devils Lake, ND, to review a request for a change in zoning from agricultural to residential rural suburban for Sublot A of Outlot 44-0045 to allow construction of a single family home (located NE1/4SE1/4 Section 19, on 50th St NE). 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: 4-17-25, 4-24-25  CALL FOR BIDS Sealed bids will be received by the Board of City Commissioners until 5: 00 pm, May 5th, 2025, for “2025 Curb, Gutter and Sidewalk”. Bids will be opened and publicly read at City Office, 423 6th St NE, Devils Lake, ND at 5: 30 pm, May 5th, 2025. Copies of the plans and specifications are available in the office of the City Engineer, City Offices, 423 6th St NE, PO Box 1048, Devils Lake, ND, 58301. City of Devils Lake reserves the right to reject any or all bids, to waive technicalities, to award each section of the project individually, to award the bid to multiple contractors or in any combination thereof, that is deemed in the best interest of the City. Each bid must be labeled on the outside of the envelope with the following: 1. Name of the person/firm submitting bid. 2. Must be marked “2025 Curb, Gutter and Sidewalk Bid”. 3. Bidder must include a two percent (2%) bid bond or certified check and copy of current contractor’s license with the proposal for consideration. For legals: 4-10-25,4-17-25, 4-24-25 CALL FOR BIDS Sealed bids will be received by the Board of City Commissioners until 5:00 pm, May 5, 2025, for “2025 Asphalt and Concrete Street Repair”. Bids will be opened and publicly read at City Office, 423 6th St NE, Devils Lake, ND at 5:30 pm, May 5, 2025. Copies of the plans and specifications are available in the office of the City Engineer, City Offices, 423 6th St NE, PO Box 1048, Devils Lake, ND, 58301. The Board of City Commissioners reserve the right to reject any or all bids, to waive technicalities, or to award each section of the project individually, or in any combination thereof, that is deemed in the best interest of the City. Each bid must be labeled on the outside of the envelope with the following: 1. Name of the person/firm submitting bid. 2. Must be marked “2025 Asphalt and Concrete Street Repair”. 3. Bidder must include a two percent (2%) bid bond or certified check, and copy of current contractor’s license with the proposal for consideration. For legals: 4-10-25, 4-17-25, 4-24-25  CALL FOR PROPOSALS Proposals will be received by the Board of City Commissioners until 5:00 pm, May 5, 2025 for “Proposal for New Dual Auto Side Load Refuse Truck”. Proposals will be opened and publicly read in the City Commissioner’s room in the City Offices, 423 6th St NE, Devils Lake, ND, at 5:30 pm, May 5, 2025. Proposal information may be obtained from the office of the City Engineer, 423 6th St NE, Devils Lake, ND. 701-662-7600, ext 2. The Board of City Commissioners reserve the right to reject any or all proposals, to waive technicalities, or to award the proposal that is deemed in the best interest of the City. Each proposal must be labeled on the outside of the envelope with the following: 1. Name of the person/firm submitting proposal. 2. Must be marked “Proposal for New Dual Auto Side Load Refuse Truck”. Dated at my office April 7, 2025. Spencer Halvorson City Administrator/Auditor For legals: 4-10-25, 4-17-25, 4-24-25 April 25, 2025 Mike Grafsgaard City Engineer PO Box 1048 Devils Lake, ND 58302 PROJECT: SU-3-982(042); PCN 24297 - RAMSEY CO; 14TH ST NE, NEAR JCT 5TH AVE NE TO 14TH AVE NE; 14TH AVE NE, NEAR JCT 10TH ST NE TO 14TH ST NE - DEVILS LAKE Dear Mr. Grafsgaard; Bids for the construction on the above noted project were taken at our bid opening of April 25, 2025. A copy of the Contract Detail Estimate and Abstract of Bids are enclosed. The low bid for HOT MIX ASPHALT, RESHAPE AGGREGATE BASE, SALVAGED BASE COURSE was submitted by Central Specialties Inc of Alexandria, MN in the amount of $548,867.99. According to the agreement with the City of Devils Lake, the City's share for SU-3-982(042) is estimated to be $115,136.04. Federal Funds obligated for this project shall not exceed 80.93 percent of the total eligible project cost up to a maximum of $705,600.00. The balance of the project cost is the obligation of the City. The Department will review the low bidder’s proposal to assure that the Disadvantaged Business Enterprise Program requirements have been met. Upon review of the contractor’s Disadvantaged Business Enterprise Program, the Department will advise you via email whether this project may be awarded. The City must award the contract before the Department will concur in the award; therefore, the City must notify the Department in writing as soon as possible after the award is made. Contracts cannot be executed prior to the date of the Department’s concurrence. Questions should be addressed to the Construction Services Division at 701-328-2566. Sincerely, Phillip Murdoff, PE Construction Services Engineer 80/pm/jmm Enclosure 4/25/2025 NORTH DAKOTA DEPARTMENT OF TRANSPORTATION Page 1 of 2 CONTRACT DETAIL ESTIMATE UPON WHICH PROJECT AGREEMENT IS TO BE BASED North Dakota FEDERAL AID Bid Opening Date: 4/25/2025 Project Number: SU-3-982(042) PCN: 24297 Job Number: 24297 English/Metric: ENGLISH Contract with CENTRAL SPECIALTIES INC ALEXANDRIA, MN Signed Date: County(s): RAMSEY Location: 14TH ST NE, NEAR JCT 5TH AVE NE TO 14TH AVE NE; 14TH AVE NE, NEAR JCT 10TH ST NE TO 14TH ST NE - DEVILS LAKE Roadway: URBAN 14TH ST NE L438_071M FR 0.3898 TO 1.0177 14TH AVE NE, L458_071M FR 1.2021 TO 1.4888 Type: HOT MIX ASPHALT, RESHAPE AGGREGATE BASE, SALVAGED BASE COURSE Participating: Y Spec Code Item Description Quantity Unit Unit Price Amount 103 0100 CONTRACT BOND 1.000 L SUM $1,229.00 $1,229.00 202 0132 REMOVAL OF BITUMINOUS SURFACING 40.000 SY $38.00 $1,520.00 203 0119 TOPSOIL-IMPORTED 835.000 CY $37.00 $30,895.00 251 0200 SEEDING CLASS II 0.173 ACRE $17,341.01 $2,999.99 253 0201 HYDRAULIC MULCH 0.173 ACRE $23,121.39 $4,000.00 302 0100 SALVAGED BASE COURSE 1,472.000 TON $45.00 $66,240.00 302 0407 RESHAPE AGGREGATE BASE COURSE 47.000 STA $178.00 $8,366.00 430 0043 SUPERPAVE FAA 43 3,812.000 TON $67.00 $255,404.00 430 1000 CORED SAMPLE 24.000 EA $35.00 $840.00 430 5803 PG 58S-28 ASPHALT CEMENT 229.000 TON $476.00 $109,004.00 702 0100 MOBILIZATION 1.000 L SUM $41,000.00 $41,000.00 704 0100 FLAGGING 100.000 MHR $40.00 $4,000.00 704 1000 TRAFFIC CONTROL SIGNS 790.000 UNIT $3.00 $2,370.00 704 1185 PILOT CAR 50.000 HR $60.00 $3,000.00 706 0550 BITUMINOUS LABORATORY 1.000 EA $10,000.00 $10,000.00 706 0600 CONTRACTOR'S LABORATORY 1.000 EA $8,000.00 $8,000.00 Subtotal $548,867.99 Eng and Contg $54,886.80 Total $603,754.79 Length 0.9390 Miles Construction Estimated Cost $603,754.79 SU FEDERAL FUNDS 80.93% $488,618.75 SU DEVILS LAKE FUNDS 19.07% $115,136.04 4/25/2025 NORTH DAKOTA DEPARTMENT OF TRANSPORTATION Page 2 of 2 CONTRACT DETAIL ESTIMATE UPON WHICH PROJECT AGREEMENT IS TO BE BASED North Dakota FEDERAL AID Bid Opening Date: 4/25/2025 Project Number: SU-3-982(042) PCN: 24297 Job Number: 24297 English/Metric: ENGLISH Summary for Project Length 0.9390 Miles RAMSEY 0.9390 Miles Estimated Total Construction Cost: $548,867.99 Estimated Total Eng and Contg: $54,886.80 Construction Total Estimated Cost $603,754.79 $603,754.79 SU FEDERAL FUNDS $488,618.75 $488,618.75 SU DEVILS LAKE FUNDS $115,136.04 $115,136.04 NDDOT TO MAKE CONTRACTOR PAYMENTS. SU FEDERAL FUNDS FOR THIS PROJECT IS LIMITED TO $ 705,600. ANY COSTS OVER THIS LIMITED AMOUNT WILL BE CITY RESPONSIBILITY.  STAFF REPORT CITY COMMISSION MEETING March 05, 2025 Agenda Item: 2025 Special Election Tentative Timeline Submitted By: Spencer Halvorson, City Administrator/Auditor Staff Recommended Action: Review and provide input on the timeline communicated in the below staff report BACKGROUND A proposed tentative timeline for required special election-related actions is listed below: DAYS TO DATE ELECTION 92 4/21/2025 Special Election Procedures - must call election not less than 65 days from intended election date NDCC 40-21-16 64 5/19/2025 Ballot shall be prepared 64 days prior to the election NDCC 40-21-08 64 5/19/2025 Designate Polling Location at Memorial Building 50 6/2/2025 Absentee voting: ballots must be available at least 46 days prior to the election NDCC 16.1-07-04 30 6/23/2025 Residence for voting - must live there for at least 30 days and may claim only 1 residence NDCC 16.1-01-05 15 7/7/2025 Council shall appoint 1 inspector, 2 judges and 2 clerks for each polling place not less than 10 days prior to election NDCC 40-21-02(4) 14 7/8/2025 Publication of proposed ordinance not more than 20 days nor less than 5 days prior to the election NDCC 40-12-11 14 7/8/2025 Publication of notice of election 10 days prior NDCC 40-01-09 & 40-21-02(2) 50 7/22/2025 Special Election - 1 polling place at Memorial Building, polls open 7 AM to 7 PM -13 8/4/2025 Votes cast at special election must be canvassed 13 days following the date of the special election Regarding public engagement, City staff intends to release educational materials regarding the special election on the internet and newspaper the week of June 9th to June 13th. It is proposed that two open houses occur on July 8th and July 10th, from 11am – 1pm and 4pm – 6:30pm on both days.  Board of Adjustment Date: April 21, 2025 To: President Moe and City Commissioners From: Board of Adjustment Re: Reappointment of members The Devils Lake Board of Adjustment took action at their April 10, 2025 meeting to recommend the reappointment of Chris Wahl as a member of the Board, with his term expiring June 30, 2028, and Rick Jorgenson as an alternate member, with his term expiring June 30, 2026.  Shade Tree Date: April 11, 2025 To: President Moe and City Commissioners From: Jessica Kuntz, Recording Secretary Re: Shade Tree Committee Members The Devils Lake Shade Tree Committee took action at their October 10, 2024 meeting to recommend the appointment of Dick Olson and Toren Mohs as members of the Shade Tree Committee. Their terms will expire June 30, 2027.  AGREEMENT THIS AGREEMENT is made and entered into this 5th day of May, 2025, by and between the City of Devils Lake, a municipal corporation, having an address of 423 - 6th St., P.O. Box 1048, Devils Lake, ND 58301, party of the first part, referred to herein as "City," and Lake Region Corporation, a North Dakota nonprofit corporation, having an address of 224- 3rd St. S.W., P.O. Box 108, Devils Lake, ND 58301, referred to herein as "LRC." WITNESSETH: WHEREAS, the City is engaged in a recycling program for the City and needs personnel to sort and bale recyclable items; and WHEREAS, LRC is a North Dakota nonprofit corporation which does exist to train, develop, house, and employ persons who are developmentally disabled; and WHEREAS, LRC has people who would be able to provide the personnel necessary to sort and properly bale recyclable items for the City; and WHEREAS, the City is agreeable to hiring LRC to provide the services and personnel necessary to sort and bale the recyclable items, and LRC is agreeable to providing those personnel and services, and the parties wish to reduce to writing the terms and provisions of the understanding they have between them. NOW, THEREFORE, based upon the mutual terms and agreements, and the consideration which each party is extending to the other, it is hereby agreed by and between the parties as follows: I. LRC agrees to provide to the City all the necessary labor to sort and bale recyclable items. To provide these services, LRC agrees to employ enough individuals to efficiently accomplish the mission of sorting and baling recycled items. II. The City agrees to pay to LRC the sum of $50,000 each year for the labor which LRC will provide in the sorting and baling the recyclable materials and items. The $50,000 will be paid on a pro-rated monthly basis. The first payment will be on the first day of August 2025, and the following payments shall be made on the first day of each month thereafter. III. The terms of this agreement will take effect July 1, 2025 and expire on December 31, 2025. Upon the effective date, this agreement shall replace the existing agreement for curbside recycling service, which includes current sorting, processing, and baling of recyclable materials. Unless either party notifies the other, in writing, however, prior to November 1, 2025, the contract will automatically renew for a period of one year commencing January 1, 2026, and terminating on Page 1 of 2  the following December 31, 2026. The amount the City will compensate LRC will increase 3% on January 1 of each year. This contract will continue to be renewed on an annual basis upon the same terms and provisions unless any changes or modifications are made to the contract prior to November 1 of each year. Further, in the subsequent years, cancellation of the contract is to be made prior to November 1, preceding the year when the new contract would then become effective. Any changes or modifications to the contract shall be in writing and signed by both parties. IV. LRC agrees that it will be responsible for providing insurance on its crew, and the City has no obligation to provide any insurance or coverage of any kind for any injuries which may be sustained by LRC's crew. This includes not only Workers' Compensation, but any other claims which LRC may have. Further, LRC agrees to hold the City harmless for any and all injuries or claims which may result from sorting, processing, and baling the recyclable materials and items. LRC agrees to provide the City with a copy of its personal injury liability or commercial general liability insurance policy, which insurance policy shall cover the events, circumstances, people, and/or property as referred to in this agreement. V. LRC, its crew, agents, or employees are not considered employees of the City, nor are LRC, its crew, agents, or employees entitled to any of the benefits offered by the City. VI. This agreement constitutes all of the terms and provisions of the contract entered into between these parties, and if any term or provision is not included in this written agreement, it shall not be considered as a part of what has been agreed to between these parties. Dated this day and year first written above written. CITY OF DEVILS LAKE, Party of the First Part By: ______________________________________ Jim Moe, President Devils Lake City Commission ATTESTED TO: By ______________________________________ Spencer Halvorson, City Administrator/Auditor LAKE REGION CORPORATION, Party of the Second Part By: ____________________________________ Chief Executive Officer Page 2 of 2  ORDINANCE NO. 1012 AN ORDINANCE WHICH UPON ADOPTION SHALL AMEND, MODIFY, AND ADD TO WHAT HAS BEEN CODIFIED AS SECTION 8.08.010 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 8.08.010 of the Devils Lake Municipal Code shall be amended, modified, added to as follows: 8.08.050 - Definitions. The following words or terms when used in this chapter shall be deemed to have the meaning set forth in this section: “Abandoned vehicle” includes, without limitation, any vehicle which has remained on private property for a period of forty-eight continuous hours or more without the consent of the owner or occupant of the property, or for a period of forty-eight continuous hours or more after the consent of the owner or occupant has been revoked. “Antique motor vehicle” means a motor vehicle that is at least forty years old and licensed pursuant to N.D.C.C. § 39-04-10.4. “Building materials” includes, without limitation, lumber, bricks, concrete or cinder blocks, plumbing materials, electric wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws or any other materials used in constructing any structure. “Collector” means the owner of one or more special interest vehicles that collects, purchases, acquires, trades, or disposes of special interest vehicles or parts of special interest vehicles for the person's own use in order to restore, preserve, and maintain a special interest vehicle or antique vehicle. “Junk” includes, without limitation, parts of machinery or motor vehicle, unused furniture, stoves, refrigerators or other appliances, remnants of wood, metal or any other castoff material of any kind whether or not the same could be put to any reasonable use. “Junk automobiles” includes, without limitation, any motor vehicle which is not licensed or used upon the highways of the state for a period in excess of sixty days, and also includes, whether licensed or not, any motor vehicle which is inoperative for any reason for a period in excess of sixty days; provided that there is excepted from this definition unlicensed but operative vehicles which are kept as the stock in trade of a regularly licensed and established new or used automobile dealer. “Parts car” means a motor vehicle generally in non-operable condition which is owned by a collector to furnish parts to restore, preserve, and maintain a special interest vehicle or antique vehicle.  “Person” includes all natural persons, firms, copartnerships, corporations and all associations of natural persons, incorporated or unincorporated, whether acting by themselves, or by a servant, agent or employee. All persons who violate any of the provisions of this chapter, whether as owner, occupant, lessee, agent, servant or employee, shall, except as otherwise provided in this chapter, be equally liable as principals. “Small engine machine” means any vehicle, equipment, or tool powered by a low-power internal combustion or electric engine including, but not limited to, power tools, chainsaws, string trimmers, leaf blowers, snow blowers, lawn mowers, woodchippers, tillers, chainsaws, go-karts, snowmobiles, off-highway vehicles, scooters. “Special interest vehicle” means a motor vehicle that is at least twenty years old and has not been altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists. “Trash or rubbish” includes any and all forms of debris not otherwise classified in this chapter. “Vital component parts” are those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train, and wheels.  ORDINANCE NO. 1013 AN ORDINANCE WHICH UPON ADOPTION SHALL AMEND, MODIFY, AND ADD TO WHAT HAS BEEN CODIFIED AS SECTION 8.08.050 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 8.08.050 of the Devils Lake Municipal Code shall be amended, modified, added to as follows: 8.08.050 - Maintenance of blighted structure unlawful. Repealed.  ORDINANCE NO. 1014 AN ORDINANCE WHICH UPON ADOPTION SHALL AMEND, MODIFY, AND ADD TO WHAT HAS BEEN CODIFIED AS SECTION 8.08.070 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 8.08.070 of the Devils Lake Municipal Code shall be amended, modified, added to as follows: 8.08.070 - Removal by police department or another city entity, agent, or designee. The police department, another city entity, agent, or designee may remove or cause to be removed any trash, rubbish, junk, building materials, junk automobiles, abandoned vehicles or parts of junk or abandoned vehicles, from any private property after having notified in writing the owner or occupant of such property of its intention to do so at least forty-eight hours prior to the removal. The notice will be served personally upon the owner or occupant of the property if occupied or may be posted in a conspicuous place upon vacant or unoccupied property. The removal may not be fewer than two days from the date on which the service or posting of the notice occurred. Any trash, rubbish, junk, building materials, junk automobiles, abandoned vehicles or parts of junk or abandoned vehicles will be removed and disposed of in accordance with the law. The removal by the police department, another city entity, agent, or designee does not excuse or relieve any person of the obligations imposed by this chapter, nor from the penalties for violation thereof.  ORDINANCE NO. 1015 AN ORDINANCE WHICH UPON ADOPTION SHALL AMEND, MODIFY, AND ADD TO WHAT HAS BEEN CODIFIED AS SECTION 8.12.020 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 8.12.020 of the Devils Lake Municipal Code shall be amended, modified, added to as follows: 8.12.020 - Sanitation requirements. A. All garbage, refuse and rubbish collected by the service shall be deposited at a landfill disposal site approved by the North Dakota Department of Health and the city. Any disposal on the site by any other person, organization or means other than by the aforesaid service shall be at a cost as set by resolution of the city commission. B. It is the duty of the city to maintain in a sanitary condition the road or highway leading to the grounds maintained by the municipality for the disposal of garbage, refuse and rubbish. The road shall be kept free from garbage, refuse and rubbish resulting from the transportation of the same by the municipality maintaining the grounds. Therefore, all vehicles traveling to and using the site described in subsection A of this section shall be covered and properly enclosed so that no debris or litter can be lost or escape from the vehicle. C. The charges to the service for the use of the city landfill shall be negotiated between the service and the city. D. All other charges for dumping by vehicles other than the service at the city sanitary landfill shall be set by resolution of the city commission. E. All collection of garbage, refuse and rubbish within the city shall be made solely by the service and all family units, dwellings, commercial establishments and other units shall be billed for the service by the city; that the billing and collection shall be mandatory for every family unit, dwelling, commercial establishment or other unit to maintain and preserve the health, welfare, cleanliness and good appearance of the community served by the sanitary collection and disposal facility owned and operated by the city. F. All garbage and rubbish shall, by the person upon whose premises the same shall have been produced or accumulated, be placed in watertight containers to be not more than thirty-two-gallon net capacity, and weighing not more than seventy-five pounds when filled, which container shall be kept clean and continuously closed by a tight fitting cover and shall be protected against the access of flies and rodents. If bags are placed alone or outside a can or dumpster, the bag must be one with the special city logo provided by the city. If a sticker is posted, a bag (not to exceed thirty gallon) may be substituted in lieu of a can. The thirty-gallon bags may not weigh more than fifty  pounds when filled and the fifteen-gallon bags may not weigh more than twenty-five pounds when filled. All perishable items must be enclosed in an airtight plastic bag before they are containerized as described above. G. No person shall place, deposit or dump in any city recycling or compost receptacle or dumpster any material, thing, item or object other than that which is indicated as allowable on the receptacle or dumpster, or on an official sign posted on or in the vicinity of any such receptacles or dumpsters. Any person convicted of violating this section is guilty of an infraction unless the provisions of NDCC 12.1-32-01(7) apply.  ORDINANCE NO. 1016 AN ORDINANCE WHICH UPON ADOPTION SHALL AMEND, MODIFY, AND ADD TO WHAT HAS BEEN CODIFIED AS CHAPTER 8.32 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 Chapter 8.32 of the Devils Lake Municipal Code shall be amended, modified, added to as follows: Chapter 8.32 - BLIGHTED OR SUBSTANDARD BUILDINGS OR STRUCTURES  ORDINANCE NO. 1017 AN ORDINANCE WHICH UPON ADOPTION SHALL AMEND, MODIFY, AND ADD TO WHAT HAS BEEN CODIFIED AS CHAPTER 8.32 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 Chapter 8.32 of the Devils Lake Municipal Code shall be amended, modified, added to as follows: 8.32.011 - Definition of blighted structure. “Blighted structure” includes, without limitation, any dwelling, garage or outbuilding, or any factory, shop, warehouse or any other store, structure which, because of fire, wind or other natural disaster or physical deterioration, is no longer habitable as a dwelling nor useful for the purpose for which it may have been intended.  ORDINANCE NO. 1018 AN ORDINANCE WHICH UPON ADOPTION SHALL AMEND, MODIFY, AND ADD TO WHAT HAS BEEN CODIFIED AS CHAPTER 8.32 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 Chapter 8.32 of the Devils Lake Municipal Code shall be amended, modified, added to as follows: 8.32.012 - Maintenance of blighted structure unlawful. It is unlawful for any person to keep or maintain any blighted or vacant structure, dwelling, garage, outbuilding, factory, shop, store or warehouse unless it is kept securely locked, the windows kept glazed or neatly boarded up, and otherwise protected to prevent entrance thereto by unauthorized persons or unless the structure is in the course of construction in accordance with a valid building permit issued by the city and unless the construction is completed within a reasonable time as directed by the city building inspector.  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 5-May-25 VENDOR AMOUNT DUE AIRPORT Capital One-Walmart $329.25 Dakota Implement $81.99 Dominic Eritano $663.97 Interstate Billing-Ironhide Equipment $6,500.00 Midco $53.60 CITY Arbor Day Foundation $25.00 AT & T $1,692.74 Brandon Exner $507.00 Capital One-Walmart $209.19 CDW Government $14.40 Christon Dallas $23.00 Corporate Warehouse Supply $1,739.60 Cross Country Freight $147.06 Dakota Implement $2,066.34 Devils Lake Journal-Subscriptions $116.00 Devils Lake Park Board $31,442.41 Devin Gray Water $158.00 DL Chamber of Commerce/Tourism $26,846.38 HACH $1,320.94 Hawkins $8,639.04 Homewood Suites $481.50 John Deere Financial $256.42 Lake Region Heritage Center $1,200.00 Lake Region Law Enforcement Center $6,800.50 Midstates Wireless $31,656.40 National Fire Protection Association $225.00  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 5-May-25 VENDOR AMOUNT DUE Newby's Ace Hardware $1,125.42 Nodak Electric $11,344.92 North Dakota One Call $158.11 Northern Improvement $1,094.16 Ottertail Power $23,821.08 Pomp's Tire Service $66.00 Prairie Truck & Tractor $15.51 Proz $102.66 PS Doors $1,200.10 Razor Tracking $75.00 Reslock Printing $45.00 Sam Hanson $23.00 Service Tire $2,450.09 Tanya Weiler $1,250.00 Tractor Supply $827.13 Usable Life $513.74 Veritiv Operating Company $14,394.88 Vestis/Aramark $882.23 William E. Young Company $5,080.00 TOTAL LIST OF BILLS $187,664.76