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Legal Notices 10-10

By Staff | Oct 10, 2020

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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