×
×
homepage logo

Legal Notices 2-6

By Staff | Feb 6, 2021

DECEMBER EXPENDITURES

NDPERS $490.91, NDTC

$1,515.28, Northern plains elec.

$207.00, HACTC Res. fund

$1,050.50, City of Rugby $1,627.50,

Purchase power $208.99, UPS

$35.59, Pierce co. payroll acct.

$31,623.79, Pierce co. treas.

$256.82, HACTC $20,672.24, Bot-

tineau co. soc. serv. $12.00, Rugby

Welding $211.97, Rugby H. Hank

$3,442.83, Pierce co. treas.

$151.15, Quadient finance

$2,000.00, Quadient leasing

$1,035.00, Otter tail $3,570.22, Pi-

erce co. tribune $236.80, ITD

$3,463.31, Rugby ins. $83.00, Spar-

tan Firearms $1,340.00, City of Rug-

by $151.00, Balta Wildlife Club

$2,800.91, Meckle,Beverly $283.12,

Software Innovations $750.00, I

Solved $229.00, Dept. of Trans.

$273,239.13, Envision $468.00,

Johnson plumbing $701.95, Praxair

$136.41, High Plains Equip. $2.80,

Newman signs $1,965.13, Zeien,

Paul $79.35, ITD $55.61, Balta

wildlife club $3,408.56, J.P.Morgan

$2,255.93, Otter tail $6,146.33,

NDPHIT $75,147.07, Pierce co.

payroll acct. $91,781.55, Pierce co.

treas. $774.17, AFLAC $1,393.72,

Colonial life $83.31, Ebix health

$94.49, Nationwide $2,466.81,

Security benefit $1,614.15, Pierce

co. payroll acct. $81,655.59, Pierce

co.treas. $699.20, Nationwide

$1,728.03, Baltimore co. OCS

$833.00, Pierce Co. Fair Assoc.

$10,000.00, Visa $25.43, NDPERS

$25,787.10, Pierce co.treas. $0.42,

Dept. of trans. $3,363.71, Otter tail

$232.06, NDPHIT $75,306.88, Hactc

$24,135.62, Hactc res. fund

$1,125.00, Migler, David $185.15,

NDSU $166.00, High Plains Tech.

$619.00, ND Co.Comm.Assoc.

$1,650.00, ND Assoc. of counties

$26,870.53, Marquart, Andrew

$198.00, ND Clerks Assoc. $100.00,

Mack Law $395.15, Pierce co.treas.

$85.00, Advanced Business

methods $202.84, Rugby H.Hank

$147.73, Circle sanitation $151.00,

City of Rugby $488.05, Pierce

co.tribune $17.02, GIS Workshop

$2,600.00, North Cen.Printing

$621.00, ND Assoc. of Counties

$6,679.00, NACO $450.00, Brad’s

Auto & Towing $168.00, Home of

Economy $88.96, Envision $173.30,

McGuires $284.85,Auto Doctor

$1,200.00, Hactc $154.58, Hager,

Dustin $75.00, Badlands Environ.

Consult. $1,850.00, Pierce co.treas.

$4,516.77, Envision $920.58, Leev-

ers foods $19.84, Rugby serv.cen.

$849.21, NDTC $203.66 Grand total

$816,285.66

(February 6, 2021)

NOTICE OF FINANCIAL

STATEMENTS

Notice is hereby given that general

purpose financial statements in ac-

cordance with generally accepted

accounting principles have been

prepared and are available for in-

spection for year ending 2020 for Pi-

erce County.

Dated this 2nd day of February,

2021.

Karin Fursather

County Auditor-Treasurer

(February 6, 2021)

NOTICE OF HEARING

The Souris Basin Planning Council

will hold a meeting for the purpose

of gathering input regarding the Re-

gion 2 Action Plan for the 2021

North Dakota Community Develop-

ment Block Grant program. The

Council will also be seeking input on

affordable housing, special needs

housing, homeless needs, public fa-

cility needs, economic development

needs and priority needs in the re-

gion. The meeting will be February

25, 2021 beginning at 9:30 a.m. via

Zoom. Registration to receive the

meeting link can be found on our

website at www.sourisbasin.org.

Written and oral comments will be

heard at that time. Written com-

ments may be submitted directly to

the Planning Council at info@

sourisbasin.org or P.O. Box 2024,

Minot, North Dakota 58702 prior to

the meeting. A draft of the Region 2

Action Plan can be located on our

website at www.sourisbasin.org.

If you require any special accom-

modations to attend or comment on

the proposed plan, or should anyone

require auxiliary aids or services, or

need additional information, please

contact Souris Basin Planning Coun-

cil one week in advance at 701.

839.6641, or call ND Relay at 800.

366.6888 or 711; TTY, 800.366.

6889 or 711; Voice, 800.435.8590 or

711. Alternative formats of the Ac-

tion Plan are available upon request.

(February 6, 2021)

NOTICE TO CREDITORS

Probate No. 35-2021-PR-00002

IN THE DISTRICT COURT OF

PIERCE COUNTY, STATE OF

NORTH DAKOTA

IN THE MATTER OF THE ESTATE

OF JOYCE M. HAUGEN,

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 of this notice or said

claims will be forever barred.

Claims must either be presented to

Lonna K. Baugher, personal

representative of the estate, at 831

Hemlock Ct., Lyndon, WA 98264, or

filed with the Court.

Dated this 27th day of January,

2021.

/s/Lonna K. Baugher

Lonna K. Baugher

J. Thomas Traynor, Jr. (ID#03694)

Traynor Law Firm, PC

509 5th St NE, Ste. 1 – PO Box 838

Devils Lake, ND 58301-0838

Telephone: (701) 662-4077

Email: tomtraynor@traynorlaw.com

Attorneys for Personal

Representative

(February 6-13-20, 2021)

NOTICE TO CREDITORS

Probate No. 35-2021-PR-0005

IN THE DISTRICT COURT OF

PIERCE COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

Frederick Duane Baillie a/k/a

F.D. Baillie a/k/a Duane Baillie,

Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned has been appointed

personal representative of the above

estate. All persons having claims

against the above named decedent

are required to present their claims

within three months after the date of

the first publication or mailing of this

notice or said claims will be forever

barred. Claims must either be

presented to Barbara Kennedy,

2048 Summit Ave., St. Paul, MN

55105-1460, personal representatvie

of the estate, or filed with the clerk of

the district court.

Dated January 29, 2021.

/s/Barbara Kennedy

Barbara Kennedy,

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

(February 6-13-20, 2021)

NOTICE TO CREDITORS

Probate No. 35-2021-PR-0004

IN THE DISTRICT COURT OF

PIERCE COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

Joan Bosch, Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned have been appoint-

ed co-personal representatives of

the above estate. All persons having

claims against the above named de-

cedent are required to present their

claims within three months after the

date of the first publication or mailing

of this notice or said claims will be

forever barred. Claims must either

be presented to either Michael Heil-

man, 3144 Hampton St., Bismarck,

ND 58504, or Valerie Heggeness,

1261 2nd St. N., Fargo, North Dako-

ta 58102, or filed with the clerk of

the district court.

Dated this 29th day of January,

2021.

/s/Michael Heilman

Michael Heilman,

Co-Personal Representative

/s/Valerie Heggeness

Valerie Heggeness

Co-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

(February 6-13-20, 2021)

PROCEEDINGS OF PIERCE

COUNTY, NORTH DAKOTA,

BOARD OF COUNTY

COMMISSIONERS

January 5, 2021

The Pierce County Board of County

Commissioners met in regular ses-

sion on January 5, 2021. Chairman

Migler called the meeting to order at

8:00 A.M., with members Christen-

son, Brossart, Hoffert and Berg

present.

Chairman Migler led the Pledge of

Allegiance.

Moved by Christenson and second-

ed by Hoffert, to approve the con-

sent agenda. Motion carried.

Moved by Berg and seconded by

Brossart, to accept the December

minutes as mailed. Motion carried.

After reviewing the bills, moved by

Christenson and seconded by Berg,

to approve those bills previously

paid and those yet unpaid were or-

dered paid. Motion carried.

Board reviewed Officer fee reports

and hourly workers time sheets.

Moved by Brossart and seconded by

Hoffert, to accept the financial report

for the month of December. Motion

carried.

Moved by Christenson and second-

ed by Hoffert, to approve

Treasurer’s checks #6119-6128, in

the amount of $5,816.95, for the

month of December. Motion carried.

Moved by Berg and seconded by

Hoffert, to appoint Mike Brossart, as

a member of the McHenry/Pierce

Housing Board. Motion carried.

Fursather, Auditor-Treasurer,

presented the Pledge of Assets from

Merchants Bank, Bremer Bank,

Ramsey Bank and First International

Bank & Trust. Also, reviewed were

the bank balances as of December

31, 2020. Moved by Hoffert and

seconded by Brossart, to accept the

Pledge of Assets, as presented, and

declare Merchants Bank, Bremer

Bank, Ramsey Bank and First Inter-

national Bank & Trust, as deposi-

tories. Motion carried.

Josh Siegler, Pierce County Sheriff

and Mike Graner, Jail Administrator,

joined the meeting.

Josh Siegler, Pierce County Sheriff,

met and gave the board a report for

the month of December, for his

department. Total calls-41; Medical

calls-0; Fire calls-4; Traffic Ac-

cidents-4; Assist Other Agencies-13;

Prisoner Transports-3; Arrests-7; Ci-

tations-27; Papers Served-22; War-

rants Served-1. Personnel- Deputy

Sheriff Volk has resigned his posi-

tion effective January 15, 2021.

Board recessed to sit on the HACTC

board.

After reviewing the bills, moved by

Berg and seconded by Brossart, to

approve those bills previously paid

and those yet unpaid were ordered

paid, for the month of December, for

the HACTC. Motion carried.

Moved by Berg and seconded by

Christenson, to approve the financial

report for the month of November,

for the HACTC. Motion carried.

Mike Graner, Jail Administrator,

HACTC, gave the board an update

on the inmate population for the

month of December, which was 78.

High 85; Low 72. January currently

has 78. Bookings 30; Releases 38.

Pierce County inmate bookings for

December were 5. 6 remain in cus-

tody. Personnel 25/24 officer posi-

tions filled. Miscellaneous- Covid-19-

month of December there were 22

positives cases. The facility was in

lockdown the month of December.

Deficit of $52,081.17, for the month

of November.

Mike Graner, Jail Administrator, in-

formed the board that the Jail Facili-

ty received the ND Attorney General

grant award, in the amount of

$8,087.99, to be used for nitrile

gloves, Elkay water bottle filling sta-

tion, Backpack Electrostatic sprayer

and Temperature scanner. Mike

also stated that around January

12th, the ECI- upgrade project will

start at the HACTC.

Board reconvened at 9:05 A.M., with

all members present.

Kelsey Siegler, Tax Director,

presented a power point to the board

on soils. Kelsey informed the board

that the county should go from gen-

eral soils to detailed soils for ag

land. Detailed soils are calculated

based on facts not opinions. The

county has 5,384 Total Ag parcels.

Out of the 5,384 ag parcels, 38 par-

cels will see over 100% increase; 33

parcels will see a 75%-100% in-

crease; 210 parcels will a 50%-75%

increase, 552 parcels will see a

25%-50% increase; 729 parcels will

see a 25%-10% increase; 1352 par-

cels will receive a notice of increase

(which is 25% of total ag parcels);

1203 parcels will be increased, but

not required to receive a notice of in-

crease; 2555 total parcels will see

an increase (47.5%), 179 parcels

will see a 0% change (3.3%) and

2650 parcels will see a decrease

(49.2%).

Moved by Berg and seconded by

Hoffert, that average value of ag

land be at 93% of the State’s provid-

ed ag land value of $686.44. Upon

roll call vote- All voting “Aye”. Mo-

tion carried.

Moved by Christenson and second-

ed by Hoffert, to switch from general

soils to detailed soils. Motion car-

ried.

Kelsey will present a power point on

the soils at the township meeting

that is scheduled with the commis-

sion on January 20, 2021, at the

Memorial Hall, at 1:00 P.M.

A group of concerned citizens in

Meyer Township joined the meeting.

Those present were Joe & Florine

Seil, Cheryl Rayer, Tom Harmel,

Cory Atkinson Roger Tank, Jared

Arlien and Meyer Township board

members Jim Blessum and Brian

Blessum and Joe Bohl, Pierce

County Water Board. Joe Seil

asked what can be done on 1/4 mile

located on 34th Ave NE between

sections 27 and 26. He said he

would like to see this road fixed or

possibly build a new road around the

body of water, which would be lo-

cated in section 26. Jim Blessum

said that he had asked Ritterman’s

last fall on what the cost would be to

fix this road, and he stated around

$85,000. Where or how can funds

be obtained to fix this road? Fursath-

er, Auditor-Treasurer, informed

Meyer Township, that they can put

the question on the ballot in Meyer

Township, to increase their mills

from 18 mills to 36 mills, for 5 years

to offset some of the costs. Raise

the road 3′ or go around and build a

new road. If you would like more in-

formation on this process please let

the auditor know, and she will get

you the information. Since this is an

organized township the concern ci-

tizens and the township board will

need to make the decision.

Joe Schultz and Jesse Brandvold,

Wold Engineering, met with the

board on the upcoming Road Pro-

jects SC 3500(021); CMC Route

3532 from CMC 3505, East to

NDSH3 9miles and CMC 3548 from

Selz East to Benson County Line- 3

miles. Project will be bid in April.

Mike Christenson left the meeting at

11:00 A.M.

Moved by Berg and seconded by

Hoffert, to open the county buildings

effective Wednesday, January 6,

2021, to the public. Motion carried.

Board reviewed abatement applica-

tion submitted by Clarice Fossum,

(2020-39), for tax year 2020, on the

following described property, as N6′

Lot 4, & All Lot 5, Block 1, Pierce Co

1-78, located in the City of Rugby.

Moved by Hoffert and seconded by

Berg, to approve the abatement ap-

plication for tax year 2020, as

recommended by the Tax Director,

in accordance with homestead credit

filed. Motion carried.

Board reviewed abatement applica-

tion submitted by Bradley Jobe,

(2020-40), for tax year 2020, on the

following described property, as Lot

11, Block 16, Balta Village. Moved

by Berg and seconded by Hoffert, to

approve the abatement for tax year

2020, upon the Balta Village appro-

val, as house was demolished. Mo-

tion carried.

Board reviewed abatement applica-

tion on parcel 00765-000, (2020-41),

for tax year 2020, on the following

described property, as S1/2NE1/4,

N1/2SE1/4, section 28, Township

158 North, Range 72 West. 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 Veteran’s credit.

Motion carried.

Board discussed briefly, timesheets

that are not completed correctly and

are not turned in a timely matter.

There being no further business,

Berg moved to adjourn the meeting

at 11:30 A.M. Brossart seconded.

Karin Fursather, Auditor-Treasurer

David Migler, Chairman

Pierce County, North Dakota

Board of County Commissioners

PROCEEDINGS OF THE PIERCE

COUNTY, NORTH DAKOTA,

BOARD OF COUNTY

COMMISSIONERS

January 20, 2021

The Pierce County Board of County

Commissioners met in special ses-

sion on January 20, 2021. Chair-

man Migler called the meeting to

order at 1:00 P.M., at the Memorial

Hall, with members Christenson,

Brossart and Hoffert present. Berg

absent. Also present were officers

from all the organized townships, ex-

cept for Alexanter Township, An-

telope Lake Township, Tuscarora

Township and White Township.

Also present were citizens from

some of the organized townships

and unorganized townships.

Handouts were given to all the town-

ships present, on the costs of the

shops, blades and motorgraders.

Spraying- Chairman Migler talked

briefly on the spraying in the town-

ships and if the townships had any

concerns they are to get in touch

with the commissioners. Rodney

Schmitt asked what about the Farm

to Market roads?

Road ditches and encroachment- on

Farm to Market roads 75′ from the

center of the road. Markers have

been put up and if the markers are

removed, there will be a $500 fine.

Township Agreement per mile fee,

for maintained roads, will remain at

$205.00 per mile.

Fursather, Auditor-Treasurer, in-

formed the townships present that

she needs representation from the

organized townships to sit on the

Census Redistricting Board. Cather-

ine Seefeld, Truman Township,

volunteered to sit on the Census

Redistricting Board.

Culverts- Mike Christenson said the

county will continue to supply cul-

verts to the townships, so if you

need a culvert, please contact him

or Lee Wolf.

Road Projects Scheduled for 2021-

CMC 3523 from CMC 3505, East to

NDSH #3- Orrin Road East and

West and CMC 3548 from Selz East

to Benson Co Line. Estimated Cost

$953,745.00

Migler stated that the Emergency

Fund can have a balance in the

fund, plus uncollected taxes, which

equals an amount produced by 15

mills, on the taxable valuation, which

is $507,292.08. Balance currently is

$384,582.83. The county will contin-

ue to levy for the Emergency Fund

until it reaches the maximum.

Zoning- Kelsey Siegler, Zoning Ad-

ministrator, said that if any building

projects are going on, you need a

building permit. Mark Koenig asked

when did the 200′ from the road

come into play? He said if you drive

around there are many buildings that

are closer than 200′ from the road.

Were they grandfathered in? Chair-

man Migler said that you can apply

for a variance with the Zoning

Board.

Todd Lysne asked who is responsi-

ble for removing trees on county

roads? Chairman Migler said it

would be up to the individual land

owner. If it is on a Farm to Market

road then it would be the responsi-

bility of the county.

Kelsey Siegler, Tax Director,

presented a power point to the board

on soils. Kelsey informed those

present, that the county commission

decided to go from general soils to

detailed soils, for ag land. Detailed

soils are calculated based on facts

not opinions. The county has 5,384

Total Ag parcels. Out of the 5,384

ag parcels, 38 parcels will see over

100% increase; 33 parcels will see a

75%-100% increase; 210 parcels

will see a 50%-75% increase, 552

parcels will see a 25%-50% in-

crease; 729 parcels will see a

10%-25% increase; 1352 parcels

will receive a notice of increase

(which is 25% of total ag parcels);

1203 parcels will be increased, but

not required to receive a notice of in-

crease; 2555 total parcels will see

an increase (47.5%), 179 parcels

will see a 0% change (3.3%) and

2650 parcels will see a decrease

(49.2%).

Kelsey Siegler, Tax Director, said

that she is looking into the 38 par-

cels that are going to see a huge in-

crease, if possibly some of the soils

were not entered correctly since

1975.

There being no further business,

Migler adjourned the meeting at 2:10

P.M.

Karin Fursather, Auditor-Treasurer

David Migler, Chairman

Pierce County, North Daktoa

Board of County Commissioners

(February 6, 2021)

REGULAR RUGBY CITY

COUNCIL MEETING MINUTES

MONDAY, JANUARY 4, 2021

7:30PM COUNCIL CHAMBERS

AND BY GOTOMEETING

Council Members present: Albrecht,

Kraft, Bednarz, Berg, Lunde,

LaRocque, and Trottier. Council

Members present by GOTOMEET-

ING: Longie and Attorney Hartl. Also

present were Mayor Steinke and

City Auditor Stewart.

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 Berg to ap-

prove the agenda as presented.

Second by Kraft, motion carried.

The council considered the De-

cember 7, 2020 meeting minutes.

There was a motion by Albrecht to

approve the minutes of the De-

cember 7, 2020, regular council

meeting. Second by Kraft, all voting

yes, motion carried.

The council considered the De-

cember 14, 2020 special meeting

minutes. There was a motion by

Kraft to approve the minutes of the

December 14, 2020 special council

meeting. Second by Lunde, all vot-

ing yes, motion carried.

The council considered the De-

cember 23, 2020 special meeting

minutes. There was a motion by

LaRocque to approve the minutes of

the December 23, 2020 special

council meeting. Second by Lunde,

all voting yes, motion carried.

Cameron Erickson, Rugby Farmers

Elevator, addressed the council re-

garding a request from 2013 to

place a 30,000 gallon propane tank

on the elevator property. Erickson

referenced council minutes from Au-

gust 5, 2013.

Bednarz questioned why the eleva-

tor had not placed the 30,000 gallon

tank in 2013 and had instead placed

four, 1,000 gallon tanks. Bednarz

questioned if the reasons included

the issues for first time home buyers

and Federal Housing Association,

FHA, loans was why the larger tank

was not placed. Erickson explained

that he was not here in 2013, but did

believe that it had something to do

with it.

Albrecht explained that when the

elevator expanded the last time, her

property value decreased. She ex-

plained that the placement of a large

propane tank would cause an addi-

tional decrease to her property

value.

Erickson acknowledged the con-

cerns the council presented. Attor-

ney Hartl stated he had spoken to

Galen Mack earlier in the day re-

garding this matter. Hartl explained

the potential problem geared toward

for home buyers or sellers within

200 feet of the proposed propane

tank. He explained that a home fi-

nanced through FHA that has a pro-

pane tank greater than 1,000 gallons

within 300 feet, the buyer is not eligi-

ble for the FHA financing. Steinke

questioned if Hartl needed any addi-

tional time to investigate the infor-

mation. Hartl explained that he did

not need additional time.

Lunde questioned how long the tank

was and asked if the tank could be

placed closer to their elevators bins.

Erickson explained that it has to be

in the vicinity of the current four pro-

pane tanks because of setbacks

from the elevator and office. Bed-

narz asked if the elevator would con-

sider placing an additional four,

1,000 gallon tanks instead. Erickson

cited reasons for the larger tank are

to support a larger grain dryer and

the cost savings of purchasing a

larger volume of propane.

LaRocque questioned if a temporary

tank would be suitable for the situa-

tion, which could be removed when

the elevator is done drying grain.

Erickson explained that would not be

suitable.

Steinke suggested that a letter be

sent to property owners in the area

to submit comment or appear to ad-

dress their concerns. Albrecht be-

lieves that giving an opportunity for

property owners to comment, is the

minimum the city needs to do before

making a decision.

Trottier questioned where the city

was at with the expansion of the

elevator property. Steinke explained

that those expansions would have

gone through Planning and Zoning

and the Council. He questioned

how the devaluation of the property

affects the appraisal value. Albrecht

explained that the residential proper-

ties near the elevator would have a

lesser value on their land compared

to residential properties in another

area of town.

There was a motion by Lunde to

send letters out to residents from

Main Ave South, along First St E, in-

cluding the entire block north of First

St E, continuing along the residential

area all the way east, from the Rug-

by Farmers Elevator and the City to

allow residents to be informed and

address their concerns with the po-

tential placement of a 30,000 gallon

propane tank. Second by Bednarz,

all voting yes, motion carried.

Bills Paid Since Last Meeting of

12/7/2020 $229,056.69

21060 Andrew Hallof $1,272.23

21061 Big State Industrial Supply

$183.11 21062 Bank of North Dakota

(BND) $39,063.00 21063 Bobcat of

Devils Lake $4,710.00 21064 Con-

vention & Visitors Bureau $3,549.02

21065 Convention & Visitors Bureau

$6,892.91 21066 D & S Motors

$60.24 21067 Dave Bednarz $74.75

21068 Envision $863.27 21069 First

District Health Unit $135.00 21070

Haley Elsner $11.66 21071 Heart of

America Library $2,423.84 21072

Home of Economy $599.00 21073

Interstate Power Systems $772.49

21074 Jay’s Automotive Services

$157.87 21075 John Rose $184.00

e-CK JP Morgan $1,285.57 21076

Lynae Voeller $100.00 21077 M. J.

McGuire Company $122.70 21078

Merchants Bank $114.66 21079 ND

Department of Health $18.54 21080

ND Dept. of Environmental Quality

$300.00 21081 Otter Tail Power

Company $9,999.55 21082 Pierce

County Tribune $1,017.28 21083

Rugby Job Authority $34,156.39

21084 Rugby Lumber $7,638.00

21085 Rugby Park District $1,066.00

21086 Staples $850.34 21087 Valli

Information Systems $649.98 21088

Van Diest Supply Co $11,216.00

21089 Verizon Wireless $80.02

e-CK Wex Bank $240.69 ACH Pay-

roll Checks $57,989.63 ACH Social

Security $9,125.72 ACH Medicare

Taxes $2,134.24 ACH Payroll Taxes

$5,954.26 21090 AFLAC $971.77

ACH NDPERS $350.00 ACH

NDPERS $7,241.70 ACH NDPERS

$13,576.32 21091 State Tax Com-

missioner $1,904.94 Total All Bills

Submitted for 01/04/2021:

$87,738.19 21092 Advanced En-

gineering $6,635.14 21093 Brad

Radomski $700.00 21094 Brady

Martz & Assoc, PC $15,416.95

21095 Circle Sanitation Inc.

$19,317.25 21096 Core & Main LP

$1,542.07 21097 GovOffice LLC

$780.00 21098 Johnson’s Plumbing

$843.93 21099 Kara Harmel

$100.00 21100 Killoran Trucking &

Brokerage Inc. $6,756.88 21101 Le-

evers Foods $23.95 21102 MARC

$228.09 21103 Municipal Finance

Officers Assoc. $90.00 21104 ND

League of Cities $1,978.00 21105

ND Sheriff’s & Deputies Assoc.

$50.00 21106 ND Water Users As-

sociation $300.00 21107 Petty Cash

$15.20 21108 Pierce County Auditor

$3,412.50 21109 Pierce County

Treasurer $1,358.60 21110 Rebecca

Jordan $170.00 21111 Rugby

Hardware Hank $2,117.45 21112

Rugby Insurance Agency

$24,555.00 21113 Rugby Lumber

Inc. $20.95 21114 Rugby Service

Center $523.94 21115 Rugby Veter-

inary Service $359.40 21116 Rugby

Welding & Machine $13.55 21117

Verizon Wireless $429.34

The bills were reviewed by the coun-

cil. Bills were individually reviewed

by Berg and Trottier. There was a

motion by Berg to approve payment

of the bills as presented. Second by

Trottier, roll call vote, Albrecht-yes,

Lunde-yes, Kraft-yes, Bednarz-yes,

Berg-yes, LaRocque-yes, Longie,-

yes, and Trottier-yes, motion carried.

The financials and budget amend-

ments were reviewed by the council.

Stewart presented the cash report,

expenditure report and revenue re-

port all for month ending December

2020 to the Council. The council

also reviewed the cash report, ex-

penditures report and revenue report

for the month of January 2021. She

explained a transfer from the Gen-

eral Fund to the Recreation Fund to

offset the year end shortfall in the

amount of $4,100. There was a mo-

tion by Albrecht to accept the finan-

cials and budget amendment as

presented. Second by Kraft, roll call

vote, Albrecht-yes, Lunde-yes,

Kraft-yes, Bednarz-yes, Berg-yes,

LaRocque-yes, Longie-yes, and

Trottier-yes, motion carried.

The council considered the De-

cember 2020 Municipal Court Re-

port. There was a motion by Al-

brecht to approve the December

2020 Municipal Court Report.

Second by Bednarz, all voting yes,

motion carried.

The council reviewed the Conven-

tion & Visitors Bureau Meeting

Agenda for January 7, 2021.

The council reviewed and con-

sidered the JDA October 14, 2020

meeting minutes and financials

presented at the December 9, 2020

JDA meeting. There was a motion

by Albrecht to approve the JDA Oc-

tober 14, 2020 meeting minutes and

December 9, 2020 financials.

Second by Kraft, roll call vote, Al-

brecht- yes, Kraft – yes, Berg-yes,

Bednarz – yes, LaRocque-yes, Trot-

tier- yes, Lunde-yes, motion carried.

Berg questioned if the JDA has been

pursuing finding a new Executive

Director? Steinke explained that the

JDA Board has interviewed an appli-

cant. Trottier questioned if the JDA

had hiring and firing ability. Steinke

clarified that the JDA does have the

ability to interview their applicants

and make a recommendation to the

City Council as to whom to hire.

Trottier then questioned if the JDA

was a committee of the city. Attor-

ney Hartl clarified that the JDA is an

arm of the city and not a committee

of the city. Trottier also questioned

the minutes that stated that Ms.

Heisey, former JDA Executive Direc-

tor, would be available as a

sub-contractor to the JDA. Steinke

explained that it was to be as need-

ed, which she has not been needed,

and only if needed. Lunde ques-

tioned what Ms. Heisey would be

paid for her subcontract wage.

Steinke explained that $50 per hour

would be paid if she was utilized.

Albrecht explained the Planning &

Zoning Findings of Fact for both, Elk

Creek Capital LLC- Dollar General

and Mark Hamilton. Elk Creek Capi-

tal LLC requested a variance regard-

ing the number of parking spaces re-

quired by ordinance.

Mr. Hamilton requested a variance

regarding minimum yard require-

ments and a building being a

minimum of five feet from the pro-

perty line.

There was a motion by Albrecht to

approve the Findings of Fact, vari-

ance, for Elk Creek Capital LLC.

Second by Kraft, all voting yes, mo-

tion carried.

There was a motion by Albrecht to

approve the Findings of Fact, vari-

ance, for Mark Hamilton. Second by

Kraft, all voting yes, motion carried.

Recreation Committee- Chairman

Berg explained that Austin Harles,

MBF Drain Tile, had agreed with

AE2S’s measurements on the foo-

tage, 13,841feet, of the drain tile in-

stalled. Harles alluded to Berg a

reason for the discrepancy was that

he was incorrect on the number of

feet of drain tile he received from

Goltz Farm’s. Harles will be sending

an adjusted invoice to reflect the

correction of drain tile footage. Berg

explained that invoice from Goltz

Farm’s, dated January 3, 2021, has

been voided because it was in-

correctly billed. Berg told the council

the total amount due to Harles at

this time is $19,200 less the use of

the skid steer. Kraft questioned if

the goal of the council this evening

was to determine what portion of the

$19,200 should be paid to Harles.

He suggested that the Recreation

Committee and Finance Committee

sort though that and bring it back to

council in February.

Lunde expressed his concern with

the city allowing anyone to utilize

city equipment. Steinke explained

that Finance is in the process of re-

viewing the rates and policy of

equipment use. Steinke assured

Lunde that the Finance Committee

is working on the matter and there

should not be any future issues.

Bednarz explained that he was con-

cerned that Harles had been at-

tempting to straighten the fence

poles at the ball diamonds with the

bumper of his pick-up. He stressed

the importance of having a profes-

sional repair the fence that has been

damaged. Bednarz cited concerns

with the fact that we had received an

invoice for extra drain tile and as

soon as the survey of the installed

drain tile was sent out to Harles, he

claimed there was a mistake- that

the survey was correct. Lunde be-

lieves that Harles should be let go.

Bednarz would like to have Dakota

Fence look at their estimate and

make the professional repairs in the

spring.

Jamie Wald, Recreation Manager,

explained that since the fresh snow

she has noticed other damages to

the fence. Hunter Hager, former Re-

creation Director and Coach, had

also concurred that the damages

were not there when the program

wrapped up last fall.

There was a motion by Bednarz to

tell Harles to not return and have

Dakota Fence repair the fence in the

spring. Lunde agreed. Bednarz

asked Jim Olson, AE2S, what his

opinion was on the topic. Olson ex-

plained that he has a serious lack of

confidence in Harles work. Olson

recommended the council cease all

work with Harles immediately. Bed-

narz reminded the council that

Harles has promised to take care of

the parking lot or east side of Dia-

mond One if the tile does not drain,

because he did not put pea rock

down with the tile. Kraft expressed

concern with the cost to have Dako-

ta Fence make the repairs; he sug-

gested having volunteers or city

Public Works employees complete

it. LaRocque explained that he was

concerned with the possible fraud of

Harles trying to overcharge the city.

Steinke repeated the motion on the

floor – to tell Harles to not return and

have Dakota Fence repair the fence

in the spring. Lunde seconded the

motion. Trottier questioned if the

Recreation Committee and Finance

Committee could work together to

come up with a solution. Steinke ex-

plained that Recreation meets just

before Finance on committee day.

Berg questioned the council and

how they would justify not paying

Harles any additional money when

he has installed the tile, which ac-

cording to the invoice is $38,000.

The city has paid for the tile itself, to

Goltz Farms. Kraft reminded the

council that at this time they are not

considering what to pay Harles or

not pay. Trottier pointed out that

LaRocque questioned if a crime has

been committed and if fraud is going

on. Hartl explained that it does not

appear that a crime has been com-

mitted as of this time. He does not

believe there is sufficient evidence

at this time that would suggest fraud.

Olson suggested that the council

negotiate a deduct in invoice, with

the contractor, to wrap this up. Kraft

questioned if Harles had used the

previous contractors plan for instal-

ling the drain tile. Berg ack-

nowledged that Harles had. Steinke

clarified that Berg had showed

Harles the plans from Ellingson.

Berg clarified that he had.

Jamie Wald, Recreation Manager,

addressed the council. She ex-

plained that when Berg had met with

Harles at the diamonds she had ap-

proached Berg whom had ack-

nowledged to her that he had given

Harles the bid from Ellingson.

Lunde questioned who gave Harles

the go ahead to work on the project.

Berg explained that in August and

September Harles had been con-

tacted.

Stewart informed the council that at

the August 3, 2020 council meeting

the board had approved additional

funds to be transferred to the Re-

creation Fund to offset the shortage

of funds to complete the project.

Bednarz requested to rescind his

motion. He is frustrated with the pro-

ject. Kraft asked for an estimate for

the alleged damage that Harles had

done. Bednarz explained that the

$4,500 was the estimate for that

damage.

Steinke called for a roll call vote on

the motion, to tell Harles to not re-

turn and have Dakota Fence repair

the fence in the spring. Roll call

vote, Albrecht – yes, Kraft- yes,

Berg-yes, Bednarz-yes, LaRocque-

yes, Lunde-yes, Trottier-yes, Longie-

yes, motion carried.

Kraft asked for an estimate of the

footage of the fence damaged. Bed-

narz estimated 30 feet.

Kraft explained that he was disap-

pointed to read in the newspaper

that Jamie Wald had been in charge

of the Drain Tile Project. This was

not accurate; Wald was not in

charge of the project.

Finance Committee: nothing to re-

port.

Ordinance Committee: The truck

routes and zoning were discussed.

Public Works: Chairman Bednarz

explained that the door for the north

end of the shop has been ordered.

The new dump trucks will be done

soon. Bartsch Electric is going to

look at the lift stations to wire them

for a portable generator.

Public Safety Committee:

LaRocque reported that they had

opened the Armory for walking.

They discussed signage for the truck

traffic in the city. Steinke asked if

the council had any ideas on open-

ing the Armory or City Hall. Current-

ly the Armory is only open from

7:00am-11:00am, daily. There was

a motion by LaRocque to open the

Armory up to normal hours when the

State of North Dakota issues Pierce

County in the moderate risk level or

lower. When the risk level is high or

higher, then the Amory would be

closed again. Seconded by Al-

brecht. Trottier and Lunde ques-

tioned if the mask mandate had ex-

pired. The city mandate has expired

and the state mandate has not.

Steinke called for a vote, all voting

yes, motion carried.

Lunde would like to extend the city

mask mandate until April 1, 2021.

Albrecht suggested following the

state. Lunde made a motion to ex-

tend the city mask mandate until

April 1, 2021. Steinke called for a

second, three times. Motion died for

lack of a second.

There was a motion by LaRocque, if

the risk level for Pierce County is

moderate (yellow) or lower the city

mask mandate be discontinued if the

risk level is orange(high) or higher

the city mask mandate be contin-

ued. Second by Bednarz.

LaRocque added an expiration of

the mandate be May 28, 2021. Kraft

believes that if there is no enforce-

ment there is not a purpose to have

a mandate. He questioned what the

council is accomplishing by this.

Trottier explained that the city is

looking at policies and they are not

temporary. This is similar to a man-

date. Steinke called for a roll call

vote, Albrecht – no, Kraft – no, Berg

– no, Bednarz – yes, LaRocque –

yes, Lunde – no, Trottier – yes, Lon-

gie – no. Motion failed.

Building: no December meeting.

Jim Olson, AE2S, addressed the

council regarding the 2 1/2 Ave and

6th St Project. The contract is in re-

view with the USDA. The State En-

gineer currently has the contract.

February 1, 2021 the council will

have to hold a Public Information

Meeting for the 2 1/2 Ave and 6th St

Project. This is a requirement of the

USDA. The council determined that

February 1, 2021 would be the

meeting date, held at City Hall, at

6:30p.m.

Olson explained he is waiting on an

estimate from Terracon for a

geo-tech report. He explained that

at the last Public Works Committee

meeting they had discussed the five

areas of sewer lines that he would

like to have televised. He is current-

ly meeting with companies to obtain

proposals to have approximately

10,000 lineal feet of the first area

televised. Olson showed the council

how shallow the man-hole, west of

north Cenex, actually is at approxi-

mately two feet deep. Once he ob-

tains the estimates, the Public

Works Committee will review them.

Olson recommended televising one

area of town at a time, since the

time between projects will be sub-

stantial. Olson explained that the

eight inch clay tile across the ball di-

amonds has also been added to the

first area to televise.

Kraft explained that the reason for

televising the lines is to identify

where problems are and to assist

the council in making informed deci-

sions.

The 2019 Audit was reviewed by the

council. The findings of the audit

had no derogatory or concerning re-

marks. There was a motion by Al-

brecht to approve the 2019 Audit

Report. Second by Lunde, roll call

vote, Albrecht- yes, Kraft-yes, Berg-

yes, Bednarz-yes, LaRocque- yes,

Lunde- yes, Trottier-yes, and

Longie-yes, motion carried.

The council reviewed the area banks

and the designation of depository

century code. There was a motion

by Albrecht to accept Merchants

Bank, Bremer Bank, Ramsey Bank,

North Star Credit Union and First

International Bank as designated

depositories of the City of Rugby.

Steinke read aloud the correspon-

dence from the Office of the Attor-

ney General for a grant in the

amount of $5,249.62 in Coronavirus

Emergency Supplemental Funds.

There was a motion by Kraft to ac-

cept the grant from the Attorney

General. Second by Albrecht, roll

call vote,

Albrecht- yes, Kraft-yes, Berg- yes,

Bednarz-yes, LaRocque-yes, Lunde-

yes, Trottier-yes, and Longie-yes,

motion carried.

The council considered an advertis-

ing agreement with The Pierce

County Tribune. There was a mo-

tion by Albrecht to accept the 2021

Pierce County Tribune Advertising

Agreement. Second by Longie, roll

call vote, Albrecht- yes, Kraft-yes,

Berg- yes, Bednarz-yes, LaRocque-

yes, Lunde- yes, Trottier-yes, and

Longie-yes, motion carried.

The council considered a Future

Business Leaders of America Proc-

lamation for February 7-13, 2021.

There was a motion by Albrecht to

approve the Future Business

Leaders of America Proclamation.

Second by Bednarz, all voting yes,

motion carried.

The council reviewed documentation

regarding the Shively property locat-

ed near Ellery Park. The home

burned in April 2020. The council

has had citizen concerns about the

safety of the property. Bednarz has

spoken to the family that owns the

property. Bednarz asked that Attor-

ney Hartl send correspondence to

the family and ask them to clean the

property up by a July 1, 2021. Hartl

explained that correspondence

could be sent from his office. He re-

viewed previous correspondence

from the city to the family, which

was all responded to. Hartl ques-

tioned what the city is prepared to do

if nothing is complete by July 1,

2021. Kraft questioned what the pro-

cess is for the condemnation of a

property. He recommended that if

nothing is done, the city would either

obtain a court order or if the owner is

willing to sign off on the property the

city could tear the structure down.

The city would need to consider

where to dump the debris and if

there is asbestos in the home there

are additional costs. Trottier asked if

the owner has any circumstances

that may cause the delay in the

clean-up of this property. The coun-

cil did not know of any. LaRocque

asked Hartl to research condemna-

tion procedures. Hartl explained that

the titled owner would need to be

sued in District Court and an order

from the court to tear down the

structure.

Kraft questioned when City Hall

would be unlocking their doors.

Steinke explained that when the risk

level goes down to moderate (yel-

low) they would open.

Steinke reviewed the special meet-

ings and reminders.

Correspondence was received from

the Rugby Fire Department regard-

ing their annual meeting and supper

to be held on January 15, 2021.

There being no further business to

transact or come before the Council

at this time, there was a motion by

Albrecht to adjourn the Council

Meeting. Second by Kraft, all voting

yes, motion carried. Meeting ad-

journed at 9:40p.m.

Gary Kraft, Council President

ATTEST: Jennifer Stewart, City Au-

ditor

APPROVED: February 1, 2021

(February 6, 2021)

PCT0013511

PCT0013510

Please Enter Your Facebook App ID. Required for FB Comments. Click here for FB Comments Settings page