Legal Notices 10-10
ANALYSES OF THE STATEWIDE
MEASURES
APPEARING ON THE ELECTION
BALLOT
NOVEMBER 3, 2020
The following analyses are for the
two measures appearing on the
statewide general election ballot on
November 3, 2020. This publication
is required by section 16.1-01-07 of
the North Dakota Century Code to
enable voters to become familiar
with the effect of proposed meas-
ures. The full text of each measure
is available on the Secretary of
State’s website at vote.nd.gov or by
requesting a copy from the Elections
Unit, Secretary of State’s office at
(800) 352-0867, ext. 328-4146, or
from the office of any County Audi-
tor.
Analysis of Constitutional
Measure No. 1
Constitutional Measure No. 1 was
placed on the ballot by action of the
2019 North Dakota Legislative As-
sembly with the passage of Senate
Concurrent Resolution No. 4016
(2019 Session Laws, Ch.536). If ap-
proved, this constitutional measure
would amend and reenact subsec-
tions 2 and 6 of section 6 of Article
VIII of the North Dakota Constitution
relating to the state board of higher
education.
The proposed amendments to sub-
section 2 would increase the number
of board members from eight to fif-
teen; prohibit state legislators, elect-
ed state officials, state employees,
and individuals employed full time by
any institution under the board’s
control from serving on the board;
increase the term of appointment of
board members from four to six
years with the option for reappoint-
ment to a nonconsecutive second
term; and replace the chief justice of
supreme court on the board nom-
inating committee with the secretary
of state. The proposed amend-
ments to subsection 6 would require
the board to meet at least annually
with the head of each institution
under its control.
The estimated fiscal impact of this
measure is $147,000 per biennium.
Voting “YES” means you approve
the measure as summarized above.
Voting “NO” means you reject the
measure as summarized above.
Analysis of Constitutional
Measure No. 2
Constitutional Measure No. 2 was
placed on the ballot by action of the
2019 North Dakota Legislative As-
sembly with the passage of Senate
Concurrent Resolution No. 4001
(2019 Session Laws, Ch.537). If ap-
proved, this constitutional measure
would amend and reenact section 9
of Article III of the North Dakota
Constitution relating to initiated con-
stitutional amendments.
The proposed amendments require
an initiated constitutional measure to
be placed only on a general election
ballot and, if approved by the voters,
be submitted to the subsequent leg-
islative assembly. If the legislative
assembly approves the constitution-
al measure, it becomes law. If the
legislative assembly does not ap-
prove the constitutional measure,
the measure must be placed on the
ballot again at the next general elec-
tion, and, if approved by the voters,
it becomes law.
The estimated fiscal impact of this
measure is none.
Voting “YES” means you approve
the measure as summarized above.
Voting “NO” means you reject the
measure as summarized above.
(October 10-17, 2020)
AUGUST EXPENDITURES
Pierce Co.payroll acct. $79,642.61,
Pierce co.treas. $696.16, Pro Collect
serv. $256.67, Baltimre Co. OCS
$833.00, Northern Plains elec.
$138.00, Ndpers $485.62, Ndtc
$783.62, ND Dept. Environ.Quality
$400.00, Otter Tail $7,359.01,Ndtc
$1,758.12, J.P.Morgan $2,349.85,
Otter Tail $1,518.74, Pierce
co.payroll acct. $94,278.44, Pierce
co.treas. $806.24, Aflac $1,393.72,
Ebix health $94.49,Colonial life
$83.31, Nationwide $4,169.84,
Security benefit $1,614.15, Pierce
Co.payroll acct. $36,779.07, Pierce
co. treas. $312.26, Ndpers
$25,723.03, Otter tail $207.78, Pur-
chase power $208.99, HACTC
$61,512.64, City of Rugby
$2,003.76, Brossart, Mike
$1,023.16, Christenson, Mike
$66.00, Migler, David $317.60,
Runge, Gregory $181.80, Thomas
Law $180.00, Mack Law $387.55,
Pierce co.treas. $85.90,Marco tech-
nologies $483.00, Schock’s safe &
lock $150.00, Steins $165.00, John-
son control fire prot. $79.23, Circle
Sanitation $151.00, Election Sys-
tems & Software $228.36, Fursath-
er, Karin $22.72, City of Rugby
$645.04, Mouse river journal
$223.74, Pierce co. tribune $492.02,
Bottineau Courant $81.24, Comput-
er Express $1,458.06, Clute office
$176.64, Computer store $299.97,
Quadient finance $1,500.00, ITD
$3,469.31, Brad’s Auto $227.00,
Spartan firearms $405.00, Precision
autobody $50.00, Envision $755.21,
Stone’s mobile $245.00, HACTC
$197.39, Redwood Toxicology lab
$125.56, Axtman, Mike $535.00,
NDACO Resources Group $8.00,
Matthew Bender&co. $569.46,I
solved $229.00,Susag sand & gravel
$462.00, Ritterman Trucking
$15,198.80, Wold engineering
$28,732.27, Envision $5,295.03,
Praxair $127.08, John Deere finan-
cial $107.08, Pierce co.treas.
$9.50,NDLTAP $300.00,Zeien,Paul
$77.05,Zacher,James $120.00, Pi-
erce co.treas. $480.00, Heart of
Amer.Ag Services $2,995.00, ITD
$57.75,Ndtc $203.66, Polar Comm.
$3.00, Fritel, Karin $130.00,Susag
sand &gravel $1,242.00,B & J Exca-
vating $13,855.00, Deplazes
Redi-Mix $25,981.00, Pierce
co.treas. $9,550.00 Grand total
$445,549.30
(October 10, 2020)
CITY OF RUGBY
ORDINANCE NO. 428
ANNUAL APPROPRIATIONS
AN ORDINANCE MAKING THE AN-
NUAL APPROPRIATIONS FOR EX-
PENDITURES OR EXPENSES OF
THE CITY OF RUGBY, NORTH
DAKOTA FOR THE FISCAL YEAR
COMMENCING JANUARY 1, 2021
AND ENDING DECEMBER 31,
2021 AND MAKING THE ANNUAL
TAX LEVY FOR THE YEAR 2021.
* For state law empowering a Home
Rule City to adopt and enforce ordi-
nances, please see N.D.C.C. Sec-
tion 40-05.1-06, subsections (5), (7),
(8), (9), and (11).
* WHEREAS, Paragraph 2 of Article
III of the City of Rugby, North Dako-
ta (the “City”) Home Rule Charter
authorizes the City to control its fi-
nances and fiscal affairs; to ap-
propriate money for its purposes,
and make payment of its debts and
expenses; to levy and collect taxes,
excises, fees, charges and special
assessments for benefits conferred,
for its public and proprietary func-
tions, activities, operations, under-
takings and improvements; to con-
tract debts, borrow money, issue
bonds, warrants and other evi-
dences of indebtedness; to establish
charges for any city or other ser-
vices and establish mill levy limita-
tions, provided that the mill levies or-
dered and imposed by the governing
body on taxable property subject to
ad valorem taxation shall not exceed
in total the sum of levies authorized
by state statutes and constitution for
cities of similar classification to that
of the City of Rugby, however, the
governing body may allocate tax
levies free from statutory limitations
or dedications. The general obliga-
tions debt limit shall be eight (8) per
cent of the assessed valuation of all
taxable property, subject to ad
valorem, within the City of Rugby.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF RUG-
BY, NORTH DAKOTA:
Section 1. There are hereby ap-
propriated the following sums of mo-
ney or so much thereof that may be
necessary for purpose of paying ex-
penditures or expenses of the City of
Rugby, North Dakota, for the fiscal
year commencing January 1, 2021
and ending December 31, 2021.
General Fund $1,131,086
Capital Equipment – Reserve Fund 10,000
Buildings – Capital Improvements
Reserve Fund 0
Highway & Street 340,449
Public Recreation 124,458
Snow Removal 16,300
Economic Development Director –
JDA 99,875
Dist. 2009-1 / City-Wide Street
317,475
Dist. 2013-1 / Chalmers Addn. Pro-
ject Debt 92,930
Dist. 2013-2 / Chalmers Addn. Pro-
ject Debt 79,829
Series 2015 Go Fire Station Bonds
Debt 45,940
Water Supply & Treatment Enter-
prise Fund 976,852
Water Supply & Treatment Enter-
prise Capital Reserve Fund 39,900
Raw Water Line 39,900
Sewer Operations Enterprise Fund 211,291
Sewer Operations Enterprise Capital
Reserve Fund 0
Land Fill/Garbage Enterprise Fund
263,650
Infrastructure Maintenance Fund
775,827
Storm Water Enterprise Fund
29,677
Library 55,000
Hotel/Motel Tax – City Visitors’ Pro-
motion 17,000
Restaurant/Lodging Tax – Visitors’ 42,000
Job Development Authority – Sales
Tax 242,000
City Job Development Authority 32,016
Section 2. Based upon the
aforementioned appropriations,
there are hereby levied the following
sums of money on all taxable pro-
perty in the City of Rugby, North
Dakota, for the fiscal year beginning
January 1, 2021 and ending De-
cember 31, 2021, inclusive, the fol-
lowing sums of money.
General $711,900
Special Revenue Funds
City’s Share of Special Assess-
ments.
Refunding Improvement Bonds:
District 2009-1 City Wide Street Im-
provement – 3540 0
District 2013-1 Special Street Im-
provement District – 3550 0
District 2013-2 Special Water &
Sewer Improvement District – 3560
0
2060 Recreation 48,000
2140 Snow Removal 0
7040 Heart of America Public Li-
brary 52,000
7110 Job Development Authority
32,016
Section 3. Amendment. In the event
of the receipt of unanticipated reve-
nue this ordinance may be amended
by resolution duly adopted by the
City Council.
Section 4. Repeal. All ordinances or
parts of ordinances in conflict with
this ordinance or hereby repealed.
Section 5. Taking Effect. This annu-
al appropriations ordinance shall be
in full force and effect after its final
passage and adoption.
First Reading: September 3, 2020
Second Reading: October 5, 2020
Effective: October 10, 2020
Susan Steinke, Mayor
Attest: Jennifer Stewart, City Auditor
(October 10, 2020)
NOTICE
CALL FOR BIDS
Notice is hereby given that the Rug-
by Park District will receive bids until
5:00pm Tuesday October 13, 2020
for the following:
2017 9’2″ Steel V-XT Boss Plow,
with Handheld Control, Light
Adapter, Undercarriage, Snow
Deflector and Smart Lock
Cylinder.
This equipment has NO WARRAN-
TY and is being SOLD AS IS.
All bids must be in sealed envelopes
and plainly marked “2017 Snow
Plow”and addressed to the Rugby
Park District, PO Box 282, Rugby,
ND 58368. Bids shall be opened at
the Regular Park Board Meeting on
Thursday, October 15, 2020 at
7:00pm at the City Council
Chambers located on the 2nd floor
of the Rugby City Hall.
The Rugby Park District reserves
the right to reject any or all bids.
Bidders are invited to be present at
the above-mentioned time and place
for the opening of bids.
(October 3-10, 2020)
NOTICE
CALL FOR BIDS
Notice is hereby given that the Rug-
by Park District will receive bids until
5:00pm, Tuesday, October 13, 2020
for the following:
1994 Chevrolet Cab & Chassis
CK3100 Diesel Pickup
This vehicle has NO WARRANTY
and is being SOLD AS IS. (Please
Note: The snow plow attachment/
parts WILL NOT go with the vehicle)
The vehicle can be viewed in the
parking lot of the Southside Park
along Hwy 3.
All bids must be in sealed envelopes
and plainly marked “1994 Cab &
Chassis” and addressed to the Rug-
by Park District, PO Box 282, Rug-
by, ND 58368. Bids shall be
opened at the Regular Park Board
Meeting on Thursday, October 15,
2020 at 7:00pm at the City Council
Chambers located on the 2nd floor
of the Rugby City Hall.
The Rugby Park District reserves
the right to reject any or all bids.
Bidders are invited to be present at
the above-mentioned time and place
for the opening of bids.
(October 3-10, 2020)
NOTICE
CALL FOR BIDS
Notice is hereby given that the Rug-
by Park District will receive bids until
5:00pm, Tuesday, October 13, 2020
for the following:
Snow Removal on the Walking
Path
All bids must be in sealed envelopes
and plainly marked “Snow Remova-
l”and addressed to the Rugby Park
District, PO Box 282, Rugby, ND
58368. Bids shall be opened at the
Regular Park Board Meeting on
Thursday, October 15, 2020 at
7:00pm at the City Council
Chambers located on the 2nd floor
of the Rugby City Hall.
The Rugby Park District reserves
the right to reject any or all bids.
Bidders are invited to be present at
the above-mentioned time and place
for the opening of bids.
(October 3-10, 2020)
NOTICE OF INTENT TO FILE
APPLICATION
The City of Rugby intends to file an
application for federal financial grant
assistance with the U. S. Depart-
ment of Agriculture Rural Develop-
ment. The project includes complet-
ing a preliminary engineering report
that may be used to apply for future
loan and grant funding to replace the
City’s watermains and sewermains.
Any comments regarding this appli-
cation should be submitted to the
City of Rugby at 701-776-6181 or
jstewart@gondtc.com.
(October 10, 2020)
**NOTICE OF RESCHEDULE**
NORTH DAKOTA DEPARTMENT
OF TRUST LANDS
FALL SURFACE LEASE ONLINE
AUCTION
The Board of University and School
Lands will conduct an online surface
lease auction for one thousand forty
(1040) tracts in Adams, Barnes,
Benson, Billings, Bowman, Burke,
Burleigh, Divide, Dunn, Eddy, Em-
mons, Golden Valley, Grant, Het-
tinger, Kidder, Lamoure, Logan,
McHenry, McIntosh, McKenzie,
McLean, Mercer, Morton, Mountrail,
Oliver, Pierce, Rolette, Sheridan,
Sioux, Slope, Stark, Stutsman,
Towner, Ward, Wells, and Williams
Counties, ND. Tracts will be avail-
able to view on September 1, 2020.
Bidding will commence October 12,
2020 at 8:00 a.m. CST and end
staggered from October 20-23, 2020
starting in alphabetical order with
Adams Co. The link to view the of-
fered tracts and participate in the
auction is:
https://www.energynet.com/govt_listi
ng.pl
The Board of University and School
Lands reserves the right to reject
any and all bids.
Anyone needing auxiliary aids and
services should call the Department
at (701) 328-2800 by 10/20/2020.
9/24/2020 /s/ Jodi Smith
Commissioner
(October 3-10-17, 2020)
NOTICE TO BIDDERS
For RENTAL OF CITY OWNED
AGRICULTURAL LAND
The Rugby City Council will receive
sealed bids at City Hall until 2:00pm,
on October 30, 2020, for the rental
of agricultural land located in and
around Rugby. The following pro-
perties will be available for rental for
the 2021 Season.
Please note: This will be a five (5)
year contract.
Parcel # Approximate acreage
1931002 64 crop land
1956001 73 crop land
2677003 18.69 hay land
2679000-A 21.6 crop land
2679000-B 20.5 crop land
2679010 50.1 hay land
2684000 18 pasture land
2694010 26.5 crop land SRT Tower
2694020 10.3 crop land
2694030 4.9 crop land
2694040 9.6 hay land
9518000-A 16 hay land
9518000-B <1 parking vehicles The above properties will be avail- able for rent under the terms and conditions set forth in the bid specifi- cations available at the City Auditor's Office at City Hall. The bid envelope shall be plainly marked “Land Rental Bid” and shall
contain the parcel number of the
property being bid on. The City
Council of the City of Rugby
reserves the right to reject any or all
bids and to award contracts as it
deems to be in the best interest of
the City of Rugby. Bidders are invit-
ed to be present at the regular city
council meeting on Monday, No-
vember 2, 2020 at 7:30pm in the
Council Chambers, where the bids
shall be opened.
For more information, contact Jen-
nifer Stewart, City Auditor, at 223
South Main Avenue, Rugby, North
Dakota, or by phone at
701-776-6181.
(October 10-17-24, 2020)
NOTICE TO CREDITORS
Probate No. 35-2020-PR-00014
IN THE DISTRICT COURT OF
PIERCE COUNTY, STATE OF
NORTH DAKOTA
In the Matter of the Estate of
David P. Hornstein, Deceased.
NOTICE IS HEREBY GIVEN that
the undersigned has been appointed
personal representative of the above
estate. All persons having claims
against the above decendent are re-
quired to present their claims within
three months after the date of the
first publication or mailing of this no-
tice or said claims will be forever
barred. Claims must either be
presented to Paula D. Hornstein,
210 West Abriendo Avenue, Pueblo,
CO 81004, or filed with the Court.
Dated this 24th day of September,
2020.
/s/Paula D. Hornstein
Paula D. Hornstein
Personal Representative
/s/Galen J. Mack
Galen J. Mack SBAND 04398
Mack Law Offices, P.C.
Attorney at Law
PO Box 196
Rugby, ND 58368
701-776-5246
Attorney for Personal
Representative
(October 3-10-17, 2020)
PROCEEDINGS OF PIERCE
COUNTY, NORTH DAKOTA,
BOARD OF COUNTY
COMMISSIONERS
September 1, 2020
The Pierce County Board of County
Commissioners met in regular ses-
sion on September 1, 2020. Chair-
man Migler called the meeting to
order at 8:00 A.M., with members
Christenson, Brossart, Hoffert and
Berg present.
Chairman Migler led the Pledge of
Allegiance.
Moved by Brossart and seconded by
Hoffert, to approve the consent
agenda. Motion carried.
Moved by Berg and seconded by
Christenson, to accept the August
minutes as mailed. Motion carried.
Moved by Christenson and second-
ed by Brossart, to approve those
bills previously paid and those yet
unpaid were ordered paid. Motion
carried.
Board reviewed Officer fee reports
and hourly workers time sheets.
Moved by Berg and seconded by
Christenson, to accept the financial
report for the month of August. Mo-
tion carried.
Moved by Hoffert and seconded by
Berg, to approve Treasurer’s checks
#6101-6110, in the amount of
$969.35, for the month of August.
Motion carried.
Fursather, Auditor-Treasurer,
presented a quote from North Dako-
ta Telephone on a new phone sys-
tem for the courthouse. After review,
moved by Brossart and seconded by
Berg, to purchase the new phone
system for the courthouse, in the
amount of $8,686.95. Motion car-
ried.
Fursather, Auditor – Treasurer,
presented two options from North
Dakota Telephone on the phones at
Social Services- 1. Rental agree-
ment price on existing phone system
down to $87.50/month or buyout in
the amount of $692.62. After further
discussion, moved by Berg and
seconded by Hoffert, to buyout the
rental system in the amount of
$692.62, then the equipment will be
owned by Pierce County. Motion
carried.
Josh Siegler, Pierce County Sheriff,
met and gave the board a report for
the month of August, for his depart-
ment. Total calls-62; Medical
calls-1; Fire calls-1; Traffic Ac-
cidents-7; Assist Other Agencies-9;
Prisoner Transports-7; Arrests-12;
Citations-35; Papers served-20;
Warrants served-4.
Josh Siegler, Pierce County Sheriff,
stated that he had received a DOT
Safety Contract, in the amount of
$2,350.00.
Board recessed to sit on the HACTC
Board.
Mike Graner, Jail Administrator,
HACTC, met with the board and
went over the bills for the facility and
answered any questions that the
board had. Moved by Berg and
seconded by Christenson, to ap-
prove those bills previously paid and
those yet unpaid were ordered paid,
for the month of August. Motion car-
ried.
Moved by Brossart and seconded by
Hoffert, to approve the financial re-
port for the month of July, for the
HACTC. Motion carried. There was
a deficit of $14,034.16, for the month
of July.
Mike gave the board an update on
the inmate population for the month
of August, which was 87. High 94;
Low 84. September currently has
93; Bookings 34; Releases 38. Pi-
erce County inmates for August
were 15. Personnel 24/24 officers.
Two officers have completed CO
Basic Training. Miscellaneous- Co-
vid 19 Update- The facility has had
testing and they will again test this
month.
Mike Graner, Administrator, HACTC,
stated that he is working on a USDA
Grant, for upgrading the Security
System at the jail facility. Mike said
that the chairman would need to
sign some of the documentation
along with the Pierce County State’s
Attorney. Grant is a 50/50 match.
Board reconvened at 9:10 A.M., with
all members present.
Board reviewed the appraisals on
the real estate in accordance with
Section 57-28-10 N.D.C.C. Moved
by Christenson and seconded by
Hoffert, that the hearing date be set
for October 6, 2020, @9:30 A.M., in
accordance with Section 57-28-11 of
the N.D.C.C. Motion carried.
Board reviewed abatement applica-
tion submitted by Connie Mitchell,
for tax year 2020 (2020-21), on the
following described property, as Lots
5 & 6 & North 3′ Lot 7, Block 19,
Whites 1st Addition, located in the
City of Rugby. Moved by Hoffert
and seconded by Berg, to approve
the abatement application for the tax
year 2020, as recommended by the
Tax Director, in accordance with
homestead credit filed. Motion car-
ried.
Board reviewed abatement applica-
tion submitted by Joan Marie
Scheet, for tax year (2020-22-23),
on the following described property,
as Lots 1 & 2, Rugby Sub-Div#5, lo-
cated in the City of Rugby. Moved
by Hoffert and seconded by Bros-
sart, to approve the abatement ap-
plication for tax year 2020, as
recommended by the Tax Director,
in accordance with homestead
credit. Motion carried.
Moved by Brossart and seconded by
Christenson, authorizing the chair-
man and auditor, to sign a county
deed for the following described pro-
perty as Lot Eight (8) Block Eleven
(11), Village of Selz, Pierce County,
North Dakota, to American Dream
Lands LLC. Motion carried.
Moved by Christenson and second-
ed by Hoffert, to issue a call for bids
for premium diesel fuel, propane and
gasoline. Bids will be opened at the
board’s October meeting. Motion
carried.
Moved by Hoffert and seconded by
Brossart, to set the Pierce County
Courthouse, as the polling location,
for the upcoming 2020 General
Election, as the county is a vote by
mail county, and that the hours for
the polling location be set from 8:00
A.M. to 7:00 P.M. Motion carried.
Committee Reports- Community
Service- Ashley Berg informed the
board that Eric Kuntz was hired as
the new community service coordi-
nator and will start on September
8th.
Library Board- Terry Hoffert said that
he was going to look into getting
proposals on a shed, that will be lo-
cated on the Library grounds, for
storing lawn mower and other equip-
ment.
Zoning Board- Christenson said that
there is going to be a Zoning meet-
ing on Thursday, September 3rd.
Northern Prairie Human Service
Zone- Fursather informed the board
that indirect costs are paid at 100%
from the State, at what the costs
were in 2018. If there are additional
costs, those are levied out of the
general fund.
There being no further business,
moved by Berg to adjourn the meet-
ing at 10:30 A.M. Seconded by Hof-
fert.
Karin Fursather, Auditor-Treasurer
Pierce County, North Dakota
David Migler, Chairman
Board of County Commissioners
(October 10, 2020)
PROCEEDINGS OF PIERCE
COUNTY, NORTH DAKOTA,
BOARD OF COUNTY
COMMISSIONERS
September 17, 2020
The Pierce County Board of County
Commissioners met in special ses-
sion on September 17, 2020. Chair-
man Migler called the meeting to
order at 9:45 A.M., with members
Christenson, Brossart, Hoffert and
Berg present.
A public hearing was held at 9:45
A.M. on a conditional use permit ap-
plication, submitted by B & J Exca-
vating, Inc., for aggregate mining
operation, located in the SW1/4 of
section 3, Township 153 North,
Range 73 West. Moved by
Christenson and seconded by Bros-
sart, to approve the conditional use
permit from B & J Excavating, Inc.,
which would be good for three (3)
years for an “aggregate mining
operation”, located in SW1/4 of sec-
tion 3, Township 153 North, Range
73 West, with the following condi-
tions: Proper signage, appropriate
speed, roads must be maintained,
including procedures to limit dust,
and reclamation one year after pit
closure. Motion carried.
As the hour of 10:00 A.M. was past,
the chairman asked Fursather,
Auditor-Treasurer, to present the
2021 budget. No citizens appeared
for the hearing. Moved by Brossart
and seconded by Christenson, to
approve the preliminary budget, as
the final budget, in the amount of
$8,676,257.65, beginning January 1,
2021 and ending December 31,
2021. Upon roll call vote- Christen-
son “Aye”; Brossart “Aye”; Hoffert
“Aye”; Berg “Aye”; Migler “Aye”. Mo-
tion carried.
Moved by Berg to adjourn the meet-
ing at 10:15 A.M., seconded by Hof-
fert. Motion carried.
Karin Fursather, Auditor-Treasurer
Pierce County, North Dakota
David Migler, Chairman
Board of County Commissioners
(October 10, 2020)
RUGBY CITY COUNCIL
REGULAR MEETING
THURSDAY, SEPTEMBER 3,
2020- 7:30PM
COUNCIL CHAMBERS
Council Members present: Lunde,
Bednarz, LaRocque, Berg, and Lon-
gie. Also present were Mayor
Steinke, City Attorney Hartl (by
phone) and City Auditor Stewart.
Absent were Albrecht, Kraft and
Trottier.
Steinke called the meeting to order
at 7:30 pm.
Council members recited the Pledge
of Allegiance.
Roll call was taken by Steinke.
There was a motion by Lunde to ap-
prove the agenda as presented.
Second by Bednarz, all voting yes,
motion carried.
Dave and Dawn Laughridge,
Gryphon Liquors, addressed the
council regarding their business
State Liquor License. Mr.
Laughridge questioned the council
why they no longer had a State
Liquor License. He indicated that
they closed their business the day
prior, due to no longer having a
State Liquor License. He ques-
tioned why the city had not notified
him that he no longer had a city
liquor license. He asked that the
council re-instate their liquor license.
Attorney Hartl gave the council an
overview of the events, beginning at
the July 2020 Council Meeting,
which led to the Gryphon Liquor’s
State of North Dakota License being
cancelled and the Hangover’s Bottle
Shop license being issued. Hartl ex-
plained that Ms. Halvorson had indi-
cated on her state application for a
liquor license, that the intended start
date of the new business was Au-
gust 1, 2020. He explained that the
Attorney General’s Office uses that
date to issue the new license. Upon
issuing the Hangover’s Bottle Shop
liquor license the state kicks out the
Gryphon Liquors license, because
they are the same address.
Hartl explained that since the pur-
chase or transfer of ownership did
not occur as of August 1, 2020,
caused the state license for Gryphon
Liquors to be cancelled. Hartl ex-
plained that the Attorney General’s
Office would reinstate Gryphon
Liquor’s state license if the city reis-
sues their city liquor license. Hartl
explained the city could re-issue the
Gryphon Liquor License, without a
new application or fee, for January
1, 2020- December 31, 2020. He
went on to explain that this license is
not being renewed, but re-issued.
He also explained that the council
could approve the Hangover’s Bottle
Shop liquor license and an effective
date to reissue that license.
Steinke questioned the Laughridge’s
as to if there was a new closing date
scheduled. Dawn Laughridge ex-
plained that there is not a new clos-
ing date and they do not know if
there will be a closing date. She
also went on to explain that when
the council approved the license for
Hangover’s Bottle Shop, the city did
not ask them (Laughridge’s) if they
were selling. Hartl explained that
with the information Mrs. Laughridge
has presented it would not be ap-
propriate for the council to approve
an effective date for the Hangover’s
Bottle Shop liquor license to be
re-issued. Hartl recommended that
the city only consider re-issuing the
Gryphon Liquors, liquor license. He
explained that if there is ever a clos-
ing date or transfer of property at
that time Hangover’s Bottle Shop
can address the council for a
re-issuance of their liquor license.
Steinke asked Kate Halvorson if she
wanted to add anything. She ack-
nowledged that whatever the
Laughridge’s wanted was fine.
Steinke asked for a motion to
re-issue the Gryphon Liquor’s liquor
license. There was a motion by
Lunde to re-issue Gryphon Liquor’s
liquor license. Second by Bednarz.
Steinke called for discussion. Mrs.
Laughridge questioned how the
council’s actions did not contribute
to the cancelling of Gryphon Liquor’s
state liquor license. Steinke ex-
plained the council did what they
were asked to do when Hangover’s
Bottle Shop applied for a city liquor
license. Lunde explained that the
council was unaware that by issuing
Hangover’s Bottle Shop city liquor
license that it would cancel Gryphon
Liquor’s state liquor license. Steinke
also voiced concern that both par-
ties, being the Laughridge’s and
Halvorson’s, were relying on other
people for legal advice. Steinke also
indicated that the consequences of
issuing a city license and cancelling
a state license were unclear to the
council when the decisions were
made.
Bednarz questioned if the
Laughridge’s knew that Kate Halvor-
son was applying for a city liquor
license? Laughridge’s indicated
they were aware that she applied to
the council for a city liquor license at
the July 2020 council meeting.
Mrs. Laughridge asked for an apolo-
gy from the city. Steinke explained
that she was uncertain that the city
had any fault. Berg indicated that it
was unfortunate that Gryphon
Liquor’s had been shut down.
Steinke called for a vote on the mo-
tion. All voting yes, motion carried.
Steinke handed Mrs. Laughridge her
city liquor license.
The council considered the August
3, 2020 council minutes. There was
a motion by Bednarz to approve the
minutes of the August 3, 2020, regu-
lar council meeting. Second by
Lunde, all voting yes, motion carried.
Grand total of all bills paid after
8/03/2020 meeting: $172,846.15
20747 A-1 Evans Septic Service
$200.00; 20748 B & M Laundry
$16.15; 20749 Brody Schneibel
$75.00; 20750 Cole Schneibel
$25.00; 20751 Convention & Visitors
Bureau $1,251.73; 20752 Conven-
tion & Visitors Bureau $4,157.50;
20753 Dave Bednarz $74.75;
20754 David Wermerskirchen
$241.83; 20755 Envision $707.91;
20756 G & P Commercial Sales
$65.48; 20757 Hawkins $1,771.51;
20758 iDesign Inc. $102.50; 20759
Jeremy Johnston $275.00; 20760
John Deere Financial $119.74;
20761 Johnson’s Plumbing $298.28;
e-CK JP Morgan $943.33; 20762 JS
Wholesale & Vending $415.50;
20763 Landen Foster $85.00; 20764
Logan Harner $75.00; 20765 Mike
Santjer $70.00; 20766 NAPA
$129.46; 20767 ND Dept of
Health/Chemistry $18.54; 20768 ND
One Call Concepts $46.25; 20769
ND Telephone Co $748.21 ;20770
Northern Plains Electric Coop
$3,449.95; 20771 Otter Tail Power
Company $12,699.43; 20772 Pi-
erce County Tribune $622.69;
20773 Rugby Job Authority
$31,261.17; 20774 Travis Risovi
$425.00; 20775 Valli Information
Systems $634.90; 20776 Verizon
Wireless $80.02; e-CK Wex Bank
$580.41; 20777 Mark Krogstad
$74.75; ACH Payroll $303.09; So-
cial Security $58.26; Medicare
Taxes $13.62; Payroll Taxes
$103.35; ACH Payroll $65,444.83;
Social Security $10,304.06; Medi-
care Taxes $2,409.88; Payroll Taxes
$6,669.38; 20778 AFLAC $938.88;
ACH NDPERS $385.00; ACH
NDPERS $47.65; ACH NDPERS
$8,342.56; ACH NDPERS / Sanford
Health $16,083.60; Total Bills to be
approved at 9/3/2020 Meeting
$139,186.96; Auto. Withdrawal
(ACH)/BND (Bank of ND)/; 2018
Raw Water Line Revenue Bonds
$12,550.00; 20779 3rd Street Sta-
tion $132.09; 20780 ACME Tools
$252.98 ; 20781 Advanced En-
gineering $10,641.05; 20782 Aqua
Pure $5,636.05; 20783 B & J Exca-
vating $2,046.00; 20784 Brad Ra-
domski $700.00; 20785 Brad’s Auto
Service & Towing $106.00; 20786
BSN Sports LLC $88.54; 20787 Cir-
cle Sanitation $18,465.75; 20788
Colonial Research Chemical Corp
$787.55; 20789 Core & Main LP
$3,635.05; 20790 Dakota Farms
$60.93; 20791 Ethanol Products
$1,579.56; 20792 First District
Health Unit $60.00; 20793
Gooseneck Implement Co.
$19,250.00; 20794 H. E. Everson
$5.72; 20795 Hartley’s School
Buses $8,623.88; 20796 Integrated
Process Solutions $500.00; 20797
Interstate Billing Service $281.64;
20798 Jim Weinmann $94.28;
20799 Johnson’s Plumbing
$864.23; 20800 Josey Munson
$496.80; 20801 Killoran Trucking &
Brokerage Inc. $6,046.75; 20802
Maxair, LLC $638.58; 20803 ND
One Call Concepts $15.05; 20804
ND Sewage Pump & Lift Station
$100.00; 20805 Newman Signs, Inc.
$425.99; 20806 Normont Equipment
Co $191.65; 20807 Northern States
Supply $316.64; 20808 Northside
Lounge $62.10 ; 20809 Petty Cash
$4.65; 20810 Pierce County Auditor
$3,412.50; 20811 Pierce County
Treasurer $95.27; 20812 Portraits
By Misti $60.00; 20813 Productivi-
ty Plus $142.62; 20814 Rebecca
Jordan $170.00; 20815 Recreation
Supply Co $114.50; 20816 Robert
Spallinger $1,336.12; 20817 Rugby
Broadcasters Inc. $246.75; 20818
Rugby Farmers Union Elevator
$45.00; 20819 Rugby Hardware
Hank $820.52; 20820 Rugby In-
surance Agency $19.00; 20821
Rugby Service Center $795.93;
20822 Rugby Veterinary Service
$119.80; 20823 Sanitation Products
$1,136.15; 20824 Souris Basin Plan-
ning Council $5,000.00; 20825
Streicher’s Inc. $1,128.78; 20826
Team Laboratory $680.00 ; 20827
US Bank St. Paul $21,135.00;
20828 US Bank St. Paul $450.00;
20829 Verizon Wireless $429.26;
20830 WatchGuard Video
$5,990.25; 20831 West Shore Ser-
vices $1,200.00; Grand Total All
Bills Submitted for 9/03/2020:
$312,033.11
The bills were reviewed by the coun-
cil. Bills were individually reviewed
by Longie and Lunde. There was a
motion by Longie to approve pay-
ment of the bills as presented.
Second by Lunde, roll call vote,
Lunde-yes, Bednarz-yes, Berg-yes,
LaRocque-yes, and Longie-yes, mo-
tion carried.
The financials were reviewed by the
council. Stewart presented the cash
report, expenditure report and reve-
nue report to the Council. There
was a motion by Longie to approve
the financials as presented. Second
by Berg, roll call vote, Lunde-yes,
Bednarz-yes, Berg-yes, LaRocque-
yes, and Longie-yes motion carried.
The council considered the August
2020 Municipal Judges Report.
There was a motion by Berg to ap-
prove the July 2020 Municipal
Judges Report. Second by
LaRocque, all voting yes, motion
carried.
Jim Olson, AE2S, addressed the
council. Also attending from AE2S
was Jason Strand. They distributed
the assessment of 2 1/2 Ave and 6th
Street SE. The assessment in-
cludes, water, sewer, storm water,
manholes and streets. They also
discussed drainage and cost op-
tions.
Olson showed the council 14 pic-
tures of the sewer lines that were
televised as well as the manholes
along the stretch of 2 1/2 Ave and
6th St SE. The photos showed the
cracks in the clay tile along the
route. It also showed where the
sewer main was no longer round,
but now oval-. While this is typical of
clay tile, it is important to address in
the future to avoid total collapse of
the sewer main.
Olson also explained that service
connections in places were stuck so
far into the main that the camera
could not get by it. He then showed
a photo that the storm sewer could
be seen from inside the sewer main.
He indicated that the water is still
flowing, remarkably, in the sewer
main. He went on to show pictures
that had tree roots coming through
the clay tile. He indicated that there
was approximately 200 feet of tile
that they could not get through to
camera because it was so flattened.
Olson presented two options for the
council to consider. Option 1 is es-
timated at a total project cost of
$5,406,611.61- this included 2 1/2
Ave SE, 3rd Ave SW, 3rd Ave SE,
4th St SW, 6th St SE, 9th St SE &
10th ST SE. Option 2 adds from 6th
St SW and Road to Lagoons for an
additional $1,348,188.24. Total cost
for Option 1and 2 is $6,754,799.85.
This would repair, water, sewer,
storm water and streets along the
entire project.
Olson explained that USDA Rural
Development has funding that could
be applied for to use for this project.
The USDA funding is 45% grant mo-
ney and 55% paid by the city.
The council reviewed Task Order
#5. This is to have AE2S Nexus to
develop a pre-planning grant appli-
cation in accordance with UDSA
Rural Development standards. The
cost, to the city, for Task Order #5 is
$7,500. This would have AE2S
make application for the city, for the
planning grant of $30,000. The
$30,000 will cover the cost of the
Preliminary Engineering Report.
LaRocque questioned how many
residences and business would be
affected by this water, sewer, storm
water and street project. Steinke ex-
plained that this project affects the
entire south east part of town.
Gooseneck Equipment, Chalmers,
Country Rd, Unique/Territorial Drive
and the high schools sewer lines all
flow to this project area.
Olson asked the council to consider
approval of Task Order #5. There
was a motion by Berg to approve the
AE2S Task Order #5. Second by
LaRocque, roll call vote, Lunde-yes,
Bednarz-yes, Berg-yes, LaRocque-
yes, and Longie-yes motion carried.
The council reviewed the
Comprehensive Land Use Plan Pro-
posals from both AE2S and Inter-
state Engineering. The bid from
AE2S was in the amount of $ 29,800
and the bid from Interstate Engineer-
ing was $ 33,763. The Souris Basin
grant stipulates that the lowest bid
must be accepted. There was a mo-
tion by Bednarz to accept the
Comprehensive Land Use Plan Pro-
posal from AE2S in the amount of $
29,800. Second by LaRocque, roll
call vote, Lunde-yes, Bednarz-yes,
Berg-yes, LaRocque-yes, and
Longie-yes motion carried.
Laurie Odden, Convention and Visi-
tors Bureau Executive Director, ad-
dressed the council. She explained
that the minutes, financials, by-laws,
articles of incorporation and mission
statement were all included in their
council packets. She explained that
their by-laws have had a second
reading and they have removed
INC. from the by-laws. Steinke clari-
fied that the CVB removed the INC.
and became a non-profit corpora-
tion? Odden explained that yes,
they had removed the INC. and re-
quested the same agreement with
the city that the Job Development
Authority has regarding insurance
and benefits. Steinke explained that
a separate non-profit corporation is
not the same as the JDA. Steinke
explained that the corporation would
need to be dissolved to become an
arm of the city. Hartl explained that
they removed the INC. from their
name; however it does not change
their status as a non-profit corpora-
tion. The CVB, according to Hartl,
still remains a separate entity and
not an arm of the city until the cor-
poration is dissolved. Berg ques-
tioned why the CVB is required to
send minutes and financials to the
city if they are not an arm of the
city? Steinke explained that is
necessary because they receive mo-
ney from the city. Steinke asked if
the CVB would need to dissolve
their corporation to become an arm
of the city. She explained that if the
CVB Executive Director wanted to
be considered an employee of the
city, their non-profit corporation
would need to be dissolved.
Odden explained that the request
came from their assumption that the
city could administer their benefits
and the CVB would then reimburse
the city for the benefits. Hartl ques-
tioned the city doing the payroll for a
non-profit corporation. Hartl gave
the example that The Friends of the
Lyric, to his knowledge, is a
non-profit corporation and the city
would not be doing their payroll and
expenses, etc.
LaRocque questioned how the Job
Development Authority purchased
the Lyric Theater and Johnson Clin-
ic, if they are an entity of the city,
without council approval? Steinke
believes their ordinance allows them
to own property. LaRocque ques-
tioned if they would need approval
from the governing body. Steinke
suggested more research on this to-
pic.
Steinke clarified that if the CVB
would like to dissolve their corpora-
tion and become an arm of the city,
they would run their own budget and
pay their own bills. This is how the
JDA operates under the city.
Berg questioned what happens if the
CVB dissolves the corporation, and
they become an arm of the city?
Steinke explained that the council
would need to approve their mission
statement and policies, similar to the
JDA. It was questioned if the coun-
cil would have to accept their current
CVB board members. Steinke be-
lieves that the council would accept
their current board, until their rota-
tion of members could be esta-
blished. Berg clarified that the coun-
cil does not pick the members of the
JDA Board.
Hartl questioned the motivating fac-
tor of the CVB for this change.
Steinke explained that Odden would
like to be a city employee with city
benefits. Odden explained that this
is part of it, however she has to re-
port to the city, just like other city
employees, by posting minutes,
providing reports, etc. Steinke ex-
plained that today, the CVB is a
separate existing corporation, that is
not part of the city. Odden agreed
that is how it is currently set up and
is not sure her board will want to dis-
solve the corporation. Odden ques-
tioned if any other entity has to pro-
vide the same information to the city
that does not operate as a city em-
ployee. Steinke explained that if the
city were to fund any other entity,
like they do the CVB; they would
have to report to the council also.
Odden explained her board accept-
ed a donation from the Rugby
Jaycee’s for the Geographical
Center Monument in the amount of
$2,000. The CVB upcoming events
include a Wine Walk scheduled for
September 24 as well as a Harvest
Festival on September 26. Odden
thanked the council.
There was a motion by Lunde to ac-
cept the Convention and Visitors
Bureau minutes, mission statement
and by-laws. Second by Bednarz,
all voting yes, motion carried.
The council addressed the Job
Development Authority minutes and
financials. Liz Heisey, JDA Execu-
tive Director, was not present.
There was a motion by LaRocque to
table the JDA minutes and financials
until the next meeting so Liz can ex-
plain either in person or over the
phone. Second by Longie, all voting
yes, motion carried.
Renaissance Zone Committee:
LaRocque reported that they had re-
viewed an application for Brad
Wangler and Derick Welk, however
they had already completed the pro-
ject. The committee denied the ap-
plication and encouraged Wangler
and Welk to apply for the Payment
In Lieu of Taxes program.
Recreation Committee: LaRocque
reported that they had discussed the
State Babe Ruth Tournament. They
discussed the progress the program
and employees had made this last
summer. New fixtures will be in-
stalled in the restrooms of the re-
creation building. The drain tile will
be installed this fall. Berg explained
that the contractor he found has a
less evasive way of installing the tile
and the fences, etc. do not have to
be removed for the installation.
Finance Committee: Reminder that
the Budget Hearing will be Sep-
tember 8, 2020 at 7:00p.m.
Ordinance Committee: Lunde ex-
plained that they have Ordinances
for first and second readings appear-
ing on the agenda today.
Public Works Committee: Chairman
Bednarz explained the pool is paint-
ed. B & J Excavating will be instal-
ling the manhole on 6th ST SE and
drainage basins on 6th St SE begin-
ning next week. City Wide Clean-Up
was uneventful. He reminded the
council that they will be sealing
some streets yet this fall. Longie
questioned if the main lift station
generator had been installed yet.
Troy Munyer, Street and Sewer Su-
pervisor explained that the generator
is in the state, but has not arrived
yet. Longie also questioned the
CARES ACT and available money.
Stewart explained that the city has
applied for $152,000 for reimburse-
ment of law enforcement wages and
benefits for March 2020-July 2020.
There will be another reimbursement
period, August 2020- September
2020, that will also be applied for.
Buildings Committee: Chairman
Berg explained that AE2S had been
there and done a walk thru of the Ar-
mory. They are looking at renova-
tions that could be made and what
funds would be available to assist
with that. There will be a update at
the next committee meeting.
Public Safety Committee: Chairman
Longie explained that they had dis-
cussed signage for truck parking is-
sues and residential areas and
recommended that to the Ordinance
Committee. They had also dis-
cussed a 4 way stop to the north
west of First Lutheran Church.
LaRocque had unfinished business
to bring to council. It regarded the
tabled Gaming Authorization for
Citizen’s Assistance Programs from
the July meeting. There was a mo-
tion by LaRocque to deny the Gam-
ing Authorization for Citizen’s Assis-
tance Programs. Steinke ques-
tioned Hartl as to how to handle this
particular issue. Hartl agreed it
would be appropriate to address this
tabled item. Steinke called for a
second. Lunde seconded the mo-
tion, all voting yes, motion carried.
The Council held the second reading
of Ordinance 426- Purchasing Pro-
cedures. This involves the competi-
tive bid threshold. There was a mo-
tion by Lunde to accept the second
reading of Ordinance 426- Purchas-
ing Procedures. Second by Bed-
narz, all voting yes, motion carried.
The Council held the second reading
of Ordinance 427- Vehicles for Hire
– repeal. The Ordinance Committee
reviewed Chapter 4.36 Vehicles for
hire, and determined that the entire
ordinance was very out of date and
un-necessary. They do not want to
limit, nor control what types of vehi-
cle ride services may be offered in
the community. There was a motion
by LaRocque to accept the second
reading of Ordinance 427-Vehicles
for Hire. Seconded by Lunde, all
voting yes, motion carried.
The Council held the first reading of
Ordinance 428- Annual Appropria-
tions. This ordinance directly relates
to the approved 2021 city budget.
There was a motion by Lunde to ap-
prove the first reading of Ordinance
428-Annual Appropriations. Second
by Longie, roll call vote, Lunde-yes,
Bednarz-yes, Berg-yes, LaRocque-
yes and Longie-yes, motion carried.
The council considered applications
for Local Permits, for raffles, Rugby
Area Convention & Visitors Bureau
and Rugby Sports Boosters- amend-
ment. Attorney Hartl indicated he
had reviewed the two applications
and explained the amendment for
the Sports Boosters. He indicated
they were all in order. There was a
motion by Longie to approve the ap-
plications for Local Permit for Rugby
Area Convention & Visitors Bureau
and Rugby Sports Boosters. Second
by LaRocque, all voting yes, motion
carried.
The council reviewed a Renaissance
Zone Application for Brad Wangler
and Derick Welk for property located
at Sveums Sub-Division Lot 2. As
stated by the Renaissance Zone
Committee, the project did not quali-
fy for the exemption due to the pro-
ject being started and completed pri-
or to application. There was a mo-
tion by LaRocque to deny the appli-
cation for Renaissance Zone for
Brad Wangler and Derick Welk for
property located at Sveums
Sub-Division Lot 2. Second by
Berg, all voting yes, motion carried.
The council considered a request to
meet with the attorney representing
the city in the civil litigation with the
Zachmeier’s. There was a motion
by Lunde to meet with the attorney
representing the city, in person, in
executive session, to discuss the liti-
gation. Second by Bednarz, all vot-
ing yes, motion carried.
Steinke reviewed the correspon-
dence received, special meetings
and reminders. Brosz Engineering
has questions regarding the upcom-
ing Highway 3 project. The council
reviewed the correspondence sub-
mitted. A memorandum of under-
standing is requested between the
City of Rugby and MJ McGuires.
There was a motion by Lunde to es-
tablish a memorandum of under-
standing between the City of Rugby
and MJ McGuires. Second by Lon-
gie, all voting yes, motion carried.
Attorney Hartl will draft this docu-
ment.
Brosz Engineering also questioned
the type of material the City of Rug-
by wants to be replaced along the
boulevard near 418 3rd St SW & 3rd
ST SW all along Hwy 3. There was
a motion by LaRocque to return the
area to its existing condition upon
completion of the Hwy 3 project.
Second by Berg, all voting yes, mo-
tion carried.
The third question was if the city
plans to pass on the cost share por-
tion of the storm drain on to the lan-
downers through special assess-
ment or other methods. There was
a motion by LaRocque to table this
question pending further information.
Second by Lunde, all voting yes,
motion carried.
Reminder that September 8, 2020 at
7:00pm will be the Special Budget
Meeting.
There being no further business to
transact or come before the Council
at this time, there was a motion by
Berg to adjourn the Council Meeting.
Second by Lunde, all voting yes,
motion carried. Meeting adjourned
at 9:11p.m.
Susan Steinke, Mayor
ATTEST: Jennifer Stewart, City Au-
ditor
APPROVED: October 5, 2020
(October 10, 2020)
RUGBY CITY COUNCIL
SPECIAL MEETING
FRIDAY, SEPTEMBER 18, 2020-
3:30PM
COUNCIL CHAMBERS
Council Members present: Kraft,
Bednarz, LaRocque, Berg and Trot-
tier. Also present were Mayor
Steinke and City Auditor Stewart.
Absent was: Albrecht, Lunde, Longie
and Attorney Hartl.
Steinke called the meeting to order
at 3:35 pm.
Council members recited the Pledge
of Allegiance.
Roll call was taken by Steinke.
Hangovers Bottle Shop, LLC, has
requested that the council reissue
their Liquor/Wine and Beer Class B-
Package Store licenses. There was
a motion by Berg to reissue Hang-
overs Bottle Shop, LLC, Liquor/Wine
and Beer Class B- Package Store
licenses. Second by Trottier, all vot-
ing yes, motion carried.
There being no further business to
transact or come before the Council
at this time, there was a motion by
Trottier to adjourn the Council Meet-
ing. Second by Bednarz, all voting
yes, motion carried. Meeting ad-
journed at 3:38 p.m.
Susan Steinke, Mayor
ATTEST: Jennifer Stewart,
City Auditor
APPROVED: October 5, 2020
(October 10, 2020)
RUGBY CITY COUNCIL
SPECIAL MEETING
TUESDAY, SEPTEMBER 22,
2020- 5:00PM
COUNCIL CHAMBERS
Council Members present: Albrecht,
Lunde, Kraft, Bednarz, LaRocque
(by phone), and Trottier. Also
present were Mayor Steinke, Jim Ol-
son AE2S Site Manager and En-
gineer, and City Auditor Stewart.
Absent were Berg, Longie and Attor-
ney Hartl.
Steinke called the meeting to order
at 5:00 pm.
Council members recited the Pledge
of Allegiance.
The Public Works Committee had
met regarding Water Main Repairs
for the raw water line that is broken,
east of tow, under a slough. Stewart
read the motion that the Public
Works Committee had made. The
motion stated that the city “was to go
with the HDPE pipe and estimate of
$156,056, if it can be on site in five
days with up to 10% additional over
the highest bid of $162,804; if the
HDPE cannot be on site in 5 days
then go with the PVC pipe and
estimate.”
Kraft explained that the 10% includ-
ed, wall anchors that would be
necessary for the HDPE pipe.
Steinke explained the necessity of
the water line repair. She explained
there would be some easement re-
quirements that may need to be
worked out as well. Trottier ques-
tioned if the 10% in addition to the
total cost was a maximum or an esti-
mate. Steinke explained it was a
maximum of 10% more than the
highest bid.
Olson explained that the 10% would
be necessary for the contractor for
items that were not included in his
bid. The plan was for the contractor
to come in with an estimate for fusi-
ble PVC, however the second option
of HDPE was added and all neces-
sary items were not included in that
bid. When the committee chose the
HDPE option, they also recommend-
ed an additional 10% for those
costs.
LaRocque questioned which pro-
duct, PVC or HDPE, had the longest
useful life. Olson explained that
they were both very comparable and
either will last a long time. The cost
difference is approximately $6,000.
LaRocque questioned which pipe
the engineer recommended. It was
explained that both Olson and Steve
Jacobson, B & J Excavating, did not
recommend one pipe over the other.
Both believed that choice was up to
the committee and council. Olson
explained that because this project
was a contractor project and not an
engineer project, meaning that B & J
Excavating was being hired to make
the repair that he would not make a
recommendation to the city as to
which product to use. He also ex-
plained that if this project was an en-
gineering project, meaning that the
city was hiring AE2S to have the
repairs made, he would tell the city
which pipe they would be using.
LaRocque went on to question
which pipe was the better choice if it
were to freeze. Olson explained that
fusible PVC would split linear and
the HDPE has more expansion and
contraction issues.
Kraft questioned how deep the exist-
ing line is buried. Olson estimated
that the pipe is 8 feet deep. The line
is below the frost line. Olson ex-
plained that with either product, on
each end if installed correctly, he
does not believe there would be any
issues.
Olson explained that either product
will be fused together so there will
not be any joints along the pipe,
under the water, that fail. Bednarz
questioned if Olson would be onsite
for this project? If the council
agreed to have him onsite he would
be. Bednarz and Kraft believed this
would be beneficial. Olson ex-
plained that he could be onsite and
observe.
Trottier believes the committee did
its due diligence and made the mo-
tion to go with the HDPE pipe and
estimate of $156,056, if it can be on
site in five days with up to 10% addi-
tional over the highest bid of
$162,804; if the HDPE cannot be on
site in 5 days then go with the PVC
pipe and estimate. Second by
Lunde, roll call vote, Albrecht-yes,
Lunde-yes, Kraft-yes, LaRocque-yes
and Trottier-yes, motion carried.
Steinke questioned how the council
wanted to handle the easements
that may be necessary for the water
line repair to be made. She sug-
gested a motion that the attorney or
mayor could negotiate the neces-
sary easement. Kraft explained that
the original easement covered the
necessary land at the time, however
when boring in the new line, it will be
necessary to avoid the original
trench. There was a motion by Kraft
to allow the City Attorney to nego-
tiate the easement and allow the
mayor to approve the cost if any.
Second by Albrecht, all voting yes,
motion carried.
Olson explained the request for sur-
veying 21/2 Ave and 6th ST SE. Ol-
son is requesting the council allow
AE2S to move forward with the sur-
vey of 2 1/2 Ave and 6th ST SE, so
that it could be done this fall before
snow. He is also asking the council
to approve both Option 1 and Option
2 that were presented for the 2 1/2
Ave and 6th ST SE project be in-
cluded in the survey. The cost for
the survey is $25,719.00.
Olson explained that the current
sewer line runs underneath the
McGuires shop. There is no ease-
ment with the city and McGuires for
this line. Olson explained that a
Boundary Research will be neces-
sary. AE2S can complete the Boun-
dary Research which will not exceed
$5,000.
There was a motion by Bednarz to
move forward with the surveying of 2
1/2 Ave and 6th St SE this fall, of
option 1 and 2, at the cost of
$25,719.00. Second by Kraft, roll
call vote, Albrecht-yes, Lunde-yes,
Kraft-yes, LaRocque-yes and
Trottier-yes, motion carried.
Olson explained the Boundary
Research would not exceed $5,000.
He asked for a motion to approve
Plans and Specifications for the 2
1/2 Ave and 6th St project, not to
exceed $50,000. He explained that
this would be covered by the USDA
grant money, once that was funded.
Steinke questioned if this could be
addressed at the October or No-
vember Council meeting. Olson in-
dicated that this could certainly be
reviewed at the October or No-
vember Council meeting.
Albrecht-yes, Lunde-yes, Kraft-yes,
LaRocque-yes and Trottier-yes, mo-
tion carried.
There being no further business to
transact or come before the Council
at this time, there was a motion by
Kraft to adjourn the Council Meeting.
Second by Bednarz, all voting yes,
motion carried. Meeting adjourned
at 5:29 p.m.
Susan Steinke, Mayor
ATTEST: Jennifer Stewart, City Au-
ditor
APPROVED: October 5, 2020
(October 10, 2020)
RUGBY CITY COUNCIL
SPECIAL MEETING
TUESDAY, SEPTEMBER 8, 2020
7:00 P.M.
COUNCIL CHAMBERS
Council Members present: Trottier,
Berg, Albrecht, Kraft and Lunde (by
phone). Also present was Mayor
Steinke and City Auditor Stewart.
Absent were Bednarz, Longie,
LaRocque and Attorney Hartl.
Steinke called the meeting to order
at 7:00 pm. Council members recit-
ed the Pledge of Allegiance.
Roll call of council members was
taken by Steinke. There were no
members of the public present.
Steinke turned the floor over to
Stewart. Stewart presented the
2021 Preliminary Budget. Trottier
questioned if it was known what the
school’s mill levy was. It was ex-
plained that residents should have
received an estimated tax statement
with that information on it. Further
information regarding the school mill
levy should be directly requested
from the school.
There was a motion to approve the
2021 City of Rugby Budget by Kraft.
Second by Albrecht, roll call vote, all
voting yes, motion carried.
There being no further business to
transact or to come before the
Council at this time Trottier made
the motion to adjourn the meeting at
7:25p.m. Second by Berg, all voting
yes, motion carried.
Susan Steinke, Mayor
ATTEST: Jennifer Stewart,
City Auditor
APPROVED: October 5, 2020
(October 10, 2020)
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