Notice of Public Hearing

In accordance with Chapter 19.40

and 19.42 of the Rugby Municipal

Code, the Planning and Zoning

Commission will hold a public hear-

ing concerning the application for a

variance request filed by Elk Creek

Capital, LLC – Tyler Oliver, Hwy 3

S. Rugby, ND 58368. Description of

the property involved in the variance

request is as follows:

Pierce County Plat #7-78 – S. 200’of

the E. 167.99′ of Lot 1 – Block 3

Variance is requested for the relaxa-

tion of Section 19.32.040, Off Street

Parking & Loading Requirements,

Number Requirements. Current City

Zoning Ordinance requires that for

Commercial and Entertainment

uses, one space per 250 square feet

of gross floor area be provided. The

variance is required due to the exist-

ing utilities confining the buildable

are of the property and reducing the

efficiency of delivery vehicle

maneuvering and the parking stall

layout. Per data obtained it has

been determined by Elk Creek Capi-

tal, LLC that thirty (30) parking stalls

are sufficient to support the busiest

peak hours of business.

The application request is on file and

available for public inspection at the

office of the City Auditor, during nor-

mal business hours. Said hearing to

be held in the City Hall Building,

Council Chamber Meeting Room,

223 South Main Avenue, Rugby,

ND, on Monday, December 14, 2020

at 7:30pm. The public is invited to

attend in person or prepare written

comments to the attention of the City

Auditor’s Office, City Hall Building,

223 South Main Avenue, Rugby, ND

58368.

Dated this 1st day of December

2020

Jennifer Stewart

City Auditor

(December 5-12, 2020)

Notice of Public Hearing

In accordance with Chapter

19.42.040 and 19.42.050 of the Rug-

by Municipal Code, the Planning and

Zoning Commission will hold a pub-

lic hearing concerning the applica-

tion for a variance request filed by

Mark Hamilton 1116 South Main

Ave, Rugby, ND, 58368. Description

of the property involved in the vari-

ance request:

School Addition – E 90′ Lots 2-3 –

Block 5

Variance is requested for the relaxa-

tion of Section 19.12.050, Subsec-

tion B, Minimum Yard Require-

ments, Side Yard. Current City Zon-

ing Ordinance requires that a build-

ing or structure shall be a minimum

of five feet from the property line.

The variance is required to allow for

an addition on the north side of ex-

isting garage to enlarge to a

two-stall garage.

The application request is on file and

available for public inspection at the

office of the City Auditor, during nor-

mal business hours. Said hearing to

be held in the City Hall Building,

Council Chamber Meeting Room,

223 South Main Avenue, Rugby,

ND, on Monday, December 14, 2020

at 7:30pm. The public is invited to

attend in person or prepare written

comments to the attention of the City

Auditor’s Office, City Hall Building,

223 South Main Avenue, Rugby, ND

58368.

Dated this 1st day of December

2020.

Jennifer Stewart

City Auditor

(December 5-12, 2020)

NOTICE TO CREDITORS

Probate No. 35-2020-PR-00016

IN THE DISTRICT COURT OF

PIERCE COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

Dennis Joseph Marthe, Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned has been appointed

personal representative of the above

estate. All persons having claims

against the said deceased 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 Dale Marthe, whose

address is 1703 14th Ave. SW,

Minot, ND 58701, or filed with the

Court.

Dated November 11, 2020.

/s/Dale Marthe

Dale Marthe,

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

(November 21-28; December 5,

2020)

NOTICE TO CREDITORS

Probate No. 35-2020-PR-00015

IN THE DISTRICT COURT OF

PIERCE COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

Joyce Loucks, Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned has been appointed

personal representative of the above

estate. All persons having claims

against the said deceased 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 LaNeta G. Pieterick,

personal representative of the

estate, at c/o Gibbens Law Office,

P.O. Box 708, Cando, ND 58324or

filed with the Court.

Dated this 16th day of November,

2020.

/s/LaNeta G. Pieterick

LaNeta G. Pieterick,

Personal Representative

502 3rd St. SW

Rugby, ND 58368

J. Bruce Gibbens

GIBBENS LAW OFFICE

P.O. Box 708

Cando, ND 58324

Attorney for: Estate

(November 28; December 5-12,

2020)

OCTOBER EXPENDITURES

Ndpers $490.91, Admin Partners

$1,060.00, Ndtc $2,242.24, Pur-

chase power $169.00, J.P.Morgan

$1,947.13, Pierce co.payroll acct.

$37,848.39, Pierce co.treas.

$322.89, Pierce co.payroll acct.

$94,235.91, Pierce co.treas.

$798.78, Aflac $1,393.72, Ebix

health $94.49, Colonial life $83.31,

Nationwide $2,466.81, Security

benefit $1,614.15, Otter Tail

$9,347.74, Pierce co.payroll acct.

$83,111.78, Pierce co.treas.

$728.10, Nationwide $2,839.03,

Baltimore co. OCS $833.00, BCBS

$75,089.28, Ndpers $37,195.30,

Hactc $29,518.61, City of Rugby

$1,709.27, Hactc Res. Fund

$1,235.46, Christenson, Mike

$541.30, Migler, David $386.03, ND

Assoc. of counties $500.00, Thomas

law $157.50, Mack law $484.70,

Spectrum $197.06, Pierce co. treas.

$29.99, Bottineau Co. Auditor

$202.75, Pierce Co. treas. $362.35,

Advanced business methods

$202.84, Pro I.T. $375.00, B&M

Laundry $92.39, Rugby Service

$794.99, Johnson Plumbing $74.95,

Circle Sanitation $151.00, Rugby H.

Hank $370.81, Walker landscaping

$11,744.84, ND Newspaper assoc.

$145.04, DS Solutions $200.00,

Election Systems & Software

$2,123.97, Sea change $109.92,

Fursather, Karin $201.27, Siegler,

Kelsey $12.99, Pierce co. tribune

$734.76, City of Rugby $501.63,

Tyler technologies $284.61, Van-

guard Appraisals $500.00, Clute of-

fice $37.46, Quadient finance

$500.00, Computer Express

$2,282.00, ITD $3,518.94,

Rugby ins. $76.00, CDW Govt.

$17,861.70, Spartan Firearms

$460.00, Quality Inn $777.60, Volk,

Shelby $497.90, Envision $459.66,

Dana Safety Supply $865.55, Envi-

sion $270.96, Redwood toxicology

lab $101.40, Selz Comm. Better-

ment $225.00, Wieler, Tanya

$1,000.00, I Solved $229.00, Wold

Engineering $29,830.46, Envision

$836.09, RDO Equip. $2,942.66,

Rugby Welding $75.04, H.E.Everson

$23.91, Praxair $130.71, Home of

Economy $77.93, High plains equip.

$8.50, John Deere financial $40.05,

True north steel $2,707.20, Newman

Signs $1,057.27, 3D Specialties

$595.17, Pierce co. treas. $9.50,

Zeien, Paul $261.05, ND assoc. of

counties $32.50, NDSU ext.

$1,046.58, Walker landscaping

$72,168.10, Ndtc $203.66, Deplazes

Redi-Mix $270.00, Schneider cus-

tom hauling $42,290.74 Grand total

$591,628.28

(December 5, 2020)

PROCEEDINGS OF PIERCE

COUNTY, NORTH DAKOTA,

BOARD OF COUNTY

COMMISSIONERS

October 27, 2020

The Pierce County Board of County

Commissioners held phone confer-

ence call on October 27, 2020, per-

taining to closing all county buildings

because of increased COVID cases.

Moved by Berg and seconded by

Brossart, to close all county build-

ings effective October 28, 2020, until

further notice, because of increased

COVID cases. Motion carried.

November 5, 2020

The Pierce County Board of County

Commissioners met in special ses-

sion on November 5, 2020, by virtual

meeting. Chairman Migler called the

meeting to order at 8:00 A.M., with

member Brossart. Members

Christenson, Hoffert and Berg joined

virtually.

Chairman Migler led the Pledge of

Allegiance.

Moved by Hoffert and seconded by

Brossart, to approve the consent

agenda. Motion carried.

Moved by Brossart and seconded by

Hoffert, to accept the October

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.

After reviewing the financial report,

moved by Hoffert and seconded by

Berg, to accept the financial report

for the month of October. Motion

carried.

Moved by Berg and seconded by

Brossart, to approve Treasurer’s

checks #6113-6114, in the amount

of $85.00, for the month of October.

Board reviewed abatement applica-

tion submitted by Elaine Schaan and

Bill Schaan, for tax year 2020

(2020-29), on the following

described property as Lot 1, Block 2,

Little Flower Addition, located in the

City of Rugby. Moved by Hoffert

and seconded by Berg, to approve

the abatement application for tax

year 2020, as recommended by the

Tax Director, in accordance with

homestead credit. Motion carried.

Moved by Hoffert and seconded by

Christenson, to transfer $5,000.00

from Wireless Fund to 9-1-1 Funds.

Motion carried.

Moved by Christenson and second-

ed by Brossart, to transfer

$150,000.00 from Highway Distri-

bution to Road & Bridge Fund. Mo-

tion carried.

Moved by Berg and seconded by

Hoffert, to re-appoint Karin Fursath-

er, as a member of the Northern

Prairie Human Service Zone Board.

Motion carried.

Board reviewed the Northern Prairie

Human Service Zone (NDHSZ) Plan

and attachments. Moved by Berg

and seconded by Hoffert, to approve

the Northern Prairie Human Service

Zone Plan. Motion carried.

Board reviewed correspondence re-

ceived from Kelsey Siegler, Tax

Director, on the 2021 Pierce County

Soil Modifiers. Moved by Christen-

son and seconded by Brossart, to

approve the 2021 proposed soil type

modifiers. Motion carried.

Board received a bid proposal from

Hardware Hank on a Toro 50″ zero

turn mower. After further discus-

sion, moved by Brossart and

seconded by Christenson, to pur-

chase a Toro 50″ zero turn mower

w/bagger from Hardware Hank. Mo-

tion carried.

Josh Siegler, Pierce County Sheriff,

met and gave the board a report for

the month of October, for his depart-

ment. Total calls-53; Medical

calls-3; Fire calls-0; Traffic ac-

cidents-2; Assist Other Agencies-9;

Prisoner Transports-4; Arrests-12;

Citations-20; Papers served-25;

Warrants 2. Josh discussed some

of the theft that is happening in Pi-

erce County.

Board recessed to sit on the HACTC

Board.

Mike Graner, Jail Administrator, met

with the board and went over the

bills for the facility. Moved by Berg

and seconded by Brossart, to ap-

prove those bills previously paid and

those yet unpaid were ordered paid,

for the month of October. Motion

carried.

Moved by Brossart and seconded by

Hoffert, to approve the financial re-

port for the month of September, for

the HACTC. Motion carried.

Mike gave the board an update on

the inmate population for the month

of October, which was 89. High 96;

Low 86. November currently has 82.

Bookings 39; Releases-35. Pierce

County inmate bookings for October

were 8; 9 still in custody. Personnel

24/24 officers. Miscellaneous- mask

mandate for the jail facility. Went

over the profit and loss for the

HACTC. There was a deficit of

$18,658.48, for the month of Sep-

tember. YTD Loss $146,419.21.

Mike also shared the COVID Impact

with 2019 first three quarters and the

first three quarters of 2020. Mike in-

formed the board that the new water

heater has been installed.

As the hour of 9:00 A.M., was past,

the public hearing was held to obtain

views or answer questions related to

the submitting a Community Facili-

ties grant application to USDA- Rur-

al Development, for upgrading the

security system at the HACTC. Mike

explained that the grant application

is seeking $55,687.00 (50% of the

eligible costs). Mike reported that re-

cent conversations with a USDA

loan specialist indicated we may

only be eligible for 35% of the costs

associated with this project. Those

in attendance for the public hearing

were David Migler, Chairman of the

Board, Mike Brossart, board

member, Josh Siegler, Pierce Coun-

ty Sheriff, and board members

Christenson, Hoffert and Berg were

by conference call. Mike Graner,

Jail Administrator, stated that some

additional paperwork is needed.

Moved by Hoffert and seconded by

Brossart, authorizing the chairman

and auditor, to sign certification of

significant community support docu-

mentation. Motion carried.

Board reconvened at 9:15 A.M., with

all board members.

Moved by Berg and seconded by

Brossart, to rescind the burn ban

that expired on October 31, 2020.

Motion carried.

Board reviewed correspondence

from Kelly Jensen, Northern Prairie

Human Service Zone Director, that

general liability insurance from

NDIRF is considered an indirect cost

and that the county is responsible for

this cost.

Board reviewed an Elevator Modern-

ization Proposal Summary from Otis

Elevator, for the courthouse. Some

of the elevator parts are becoming

obsolete and Otis wanted to give the

board heads up on the cost, so that

funds could be budgeted for the up-

date on the elevator. Estimated cost

is $65,000.00.

Brenden Klebe, NDSU Extension

Agent, met briefly with those present

and introduced himself and gave the

board an update on what he has

done in the last two weeks.

Steve Brossart, joined the meeting

by conference. His concerns were

that he was contacted by a commis-

sioner requesting that his road

ditches be mowed. Steve feels that

commissioners need to be profes-

sional, courteous and respectful.

Steve stated that the 27th Ave NE

road is very well maintained, but

was wondering if law enforcement or

a sign could be put up stating no

dumping allowed. It appears that a

lot of garbage is being dumped in

the ditch that he is cleaning up regu-

larly.

Board reviewed a quote from Dakota

Business Solutions for purchasing a

Kiosk Temperature Scanning

Machine for the courthouse. After

further discussion, moved by Berg

and seconded by Brossart, to pur-

chase the Kiosk Temperature Scan-

ning Machine for the courthouse.

Total cost is $1,995.00. Motion car-

ried.

Jessica Tagestad, Wold Engineer-

ing, joined by conference call. Jes-

sica gave an update on the Road

Project SC-3522 (001), 9 Miles

South of Rugby on ND3, then East 7

miles-Reshaping and Regraveling.

Total cost of the project is

$462,000.00. The final estimate pay-

ment to the contract will be paid by

NDDOT, and then 20% of the cost

will be sent to the county for pay-

ment.

Jessica Tagestad also reported that

Road Project SC-3505 (055), from

US 2, S to ND 19-Pierce Co -10

miles of graveling and reshaping has

been completed and that funds

remaining for disbursement is the re-

tainage, in the amount of $17,000,

and the county’s responsibility will

be 20%.

Migler informed the board that road

ditches have been cut and the costs

will be assessed to the taxpayer.

The leased tractor and mower were

returned back to John Deere.

There being no further business to

transact, moved by Migler to adjourn

the meeting. Seconded by Brossart.

Karin Fursather, Auditor-Treasurer

David Migler, Chairman

Pierce County, North Dakota

Board of County Commissioners

(December 4, 2020)