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Legal Notices 3-6

By Staff | Mar 6, 2021

Call for Bids

City of Rugby

Sand and Gravel

Notice is hereby given that the City

Council of Rugby, ND will receive

bids until 2:00 pm, Wednesday,

March 31, 2021 for furnishing the

City of Rugby with 2000 cubic yards,

more or less, of Class Five Gravel or

as set forth in the standard specifica-

tions for road and bridge use by the

ND Department of Transportation.

Gravel to consist of 10% fractured

faced and between 5% and 10%

fines. Bids also will be accepted for

washed sand in the quantity of 500

cubic yards, more or less. Sand and

gravel to be delivered to the City of

Rugby as directed by the Street &

Sewer Supervisor or Water Depart-

ment Supervisor. The City of Rugby

reserves the right to accept or reject

any or all bids.

Jennifer Stewart

City Auditor

(March 6, 2021)

CALL FOR BIDS

The Rugby Job Development Au-

thority is calling for bids for the mow-

ing, spraying and weed eating on

the Chalmers Additions un-

developed lots within the City of

Rugby for 2021 growing season.

Mowing must be done regularly to

meet the City of Rugby Ordinances

of a height no higher than 9 inches,

spraying for weeds twice within the

growing season usually spring and

fall. Weed eating around signs or

posts when needed. Bids must be

received at the Rugby Job Develop-

ment Authority offices no later than

10:00 am on March 10, 2021.

Please direct your bid to:

Rugby Job Development Authority

126 2nd Ave. Suite 1

Rugby, ND 58368

(February 27; March 6, 2021)

City of Rugby

Ordinance 431

BE IT ORDAINED by the City Coun-

cil of the City of Rugby, North Dako-

ta that Rugby Municipal Code

Chapter 19.28.020 Permitted Uses

section be amended as follows:

Chapter 19.28

I-3 INDUSTRIAL PARK DISTRICT

Sections:

19.28.010 Intent.

19.28.020 Permitted uses.

19.28.030 Conditional uses.

19.28.040 Minimum lot require-

ments.

19.28.050 Minimum yard require-

ments.

19.28.060 Maximum lot coverage by

buildings.

19.28.070 Minimum floor area.

19.28.080 Maximum height of build-

ings.

19.28.090 Sign limitations.

19.28.100 Off-street parking regula-

tions.

19.28.020 Permitted uses. The fol-

lowing uses are permitted in this dis-

trict:

(1) Wholesale, distributive

businesses, and related storage

yards;

(2) Warehouses, supply and storage

areas, including refrigerated storage

facilities;

(3) Contractor or commercial service

businesses, offices and associated

storage yard, provided the storage

yard is completely enclosed with a

six-foot fence or wall;

(4) Trucking, moving and storage,

and freight terminals;

(5) Manufacturing or assembly

plants;

(6) Carpenter, cabinet, plumbing,

machine, sheet metal, welding, and

blacksmith shops;

(7) Lumberyards and enclosed build-

ing material storage areas;

(8) Commercial garages, tire sales

and service stations;

(9) Bottling plants and dairy process-

ing plants;

(10) Offices;

(11) Parking lots;

(12) Hemp processing;

(13) Other wholesale, manufacturing,

construction or service uses which

are similar in character to those

enumerated above and which are

not noxious or offensive by reason

of vibration, noise, dust, fumes, gas,

odor, or smoke, and no portion of

the property shall be used for the

manufacture, storage, distribution or

sale of materials or products which

might depreciate the value of any

adjoining property;

(14) Customary accessory uses and

structures located on the same tract

as the principal use. (Ord. 304 Art.

16 Section 2, 1990, Ord. 431, 2021).

First Reading: February 1, 2021

Second Reading: March 1, 2021

Effective: March 6, 2021

Susan Steinke, Mayor

ATTEST: Jennifer Stewart, City Au-

ditor

(March 6, 2021)

JANUARY EXPENDITURES

Pierce co.payroll acct. $34,311.14,

Pierce co.treas. $266.87, Ndpers

$490.97, Job Service ND $637.13,

City of Rugby $1,712.25, UPS

$22.11, Quadient Finance $366.00,

Northern Plains Elec. $233.00,

NDTC $1,535.14, J.P.Morgan

$2,395.80, Otter tail $11,727.31,

Ndtc $835.08, Visa $16.79, Pierce

Co.Payroll acct. $98,482.56, Pierce

co. treas. $891.61, Pierce co.payroll

acct. $88,111.31, Pierce co. treas.

$730.87, Baltimore Co. OCS

$833.00, Colonial Life $51.75, Na-

tionwide $4,210.56, Security benefit

$1,644.26, Ebix Health $42.41,

Christmas, Gregg $26.04, Aflac

$1,468.04, Ndpers $26,531.12, Otter

tail $249.48, NDPHIT $73,721.71,

HACTC $35,436.77, HACTC res.

fund $1,017.50, City of Rugby

$1,886.52, Migler, David $216.72,

Marquart, Andrew $198.00, Stuts-

man Co. Auditor $114.00, Fritel, Ka-

rin $72.10, ND Co. Auditor’s Assoc.

$100.00, ND Co. Treasurer’s Assoc.

$200.00, Mack Law $386.50, Pierce

co.treas. $116.86, Advanced Busi-

ness Methods $202.84, Bottineau

Co. Auditor $1,314.29, Bartsch Elec.

$309.22, Circle Sanitation $156.00,

Rugby Serv.Cen. $608.76, Johnson

Plumbing $403.20, City of Rugby

$517.40, Pierce Co. Tribune

$307.10, Software Innovations

$13,300.00, Gaffaneys $774.50,

Computer Store $249.99, Quadient

Finance $600.00, ITD $3,463.31, ND

Assoc. of Counties $18.00, Gun-

ville, Duane $238.00, Envision

$321.88, ND Sheriffs & Deputies As-

soc. $400.00, I Design $576.56,

HACTC $15.64, Wieler, Tanya

$1,000.00, ND State Radio $120.00,

I Solved $240.35, ND Assoc. of

Counties $400.00, Northern Plains

RC&D Council $300.00, ND Assoc.

of Counties $1,631.70, Wold En-

gineering $584.35, Envision

$1,242.90, RDO $255.77, Butler

Machinery $117.20, Praxair

$132.59, Home of Economy $38.52,

Rugby Auto Parts $558.00, Dakota

Fire Extinguishers $176.14, Zeien,

Paul $76.48, ND Assoc.of Co.Trib.

VET.SERV. $50.00, NDSU Ext.

$4,083.32, Pierce co.treas. $24.48,

Ndtc $203.66, ITD $55.54, Polar

Comm. $6.00, Tritech Software Sys-

tems $6,337.18 Grand total

$432,700.15

(March 6, 2021)

NOTICE

Alexanter Township Annual Meeting

will be held March 16, 2021 at Guy

Gumeringer’s residence.

(March 6-13, 2021)

NOTICE

Jefferson Township will hold its an-

nual meeting at 10 a.m. March 16 at

Ryan Migler’s farm. Nicholas

Schmaltz, clerk

(March 6-13, 2021)

NOTICE OF ANNUAL SCHOOL

ELECTION

Notice is hereby given that on Tues-

day, the 8th day of June 2021, the

annual school election will be held

for the following purpose:

1) Electing one school board

member from Precinct No. 2, for a

three-year term. Precinct No. 2 in-

cludes the following townships and

portions of townships lying within the

boundaries of Rugby Public School

District #5: Dewey, Walsh, Ness,

Jefferson, Sandale, Elling, Girard,

Hillside, Rosedale, and Alexanter.

2) Electing one school board

member from Precinct No. 4, for a

three-year term. Precinct No. 4 in-

cludes the City of Rugby.

3) Determining whether the minutes

of school board proceedings are to

be published in the official newspa-

per for the next two years.

An individual seeking election to the

board of the school district shall

prepare and sign a Candidate’s Fil-

ing Statement and Statement of In-

terests form. The completed docu-

ments must be filed with the school

district business manager, or mailed

to and in the possession of the busi-

ness manager, by 4:00 PM on Mon-

day April 5th, 2021. The Candidate’s

Filing Statement and Statement of

Interests form may be obtained from

the school’s business office.

Polls will open at 9:00 AM and will

close at 7:00 PM. With due con-

sideration to convenience and ac-

cessibility, the polling place shall be

the gymnasium lobby of Rugby High

School. Handicapped persons,

without attendants, and who have

special needs regarding “access” for

this election, may call ahead to

776-5201 to make arrangements

necessary for voting at this election.

Dated at Rugby, Pierce County,

State of North Dakota on this 22nd

day of February 2021.

Dawn Hauck

Business Manager

Rugby Public School District #5

(February 27; March 6, 2021)

NOTICE OF SALE

Please take notice that Rugby #1

Storage will accept silent bids from

9:00 am to 5:00 pm on the 22nd day

of March, 2021 for the contents of

Rugby’s #1 Storage Unit/Stall #118,

leased by Charles Pollard who’s last

known address was 2415 24th Ave.,

Williston, ND 58801. Successful

bidders will be notified within 5 days

after the sale ends. The sale will be

at Rugby Hardware Hank, 200 2nd

Street SW, Rugby, ND. The entire

contents of the above unit/stall will

be sold as is, where is, with no

guarantees. Pre-inspection of the

unit/stall will not be allowed. High

bidder to tender CASH at completion

of sale, and must completely re-

moves all contents of the unit/stall

within one (1) business day from ac-

ceptance of bid.

(March 6-13, 2021)

NOTICE

The Meyer Township annual meet-

ing will be held March 16, 2021 at 3

p.m. at the Pierce County Court-

house.

(March 6-13, 2021)

NOTICE

The Ness Township annual meeting

will be held Wednesday, March 16

at 3 p.m. at the Randy Oppen farm.

(March 6-13, 2021)

Notice To Creditors

IN THE DISTRICT COURT FOR

PIERCE COUNTY, STATE OF

NORTH DAKOTA

Probate No. 35-2021-PR-00001

In the matter of the estate of

Curtis W. Geibel, deceased.

NOTICE IS HEREBY GIVEN that

the undersigned has been appointed

Personal Representative of the

above estate. Pursuant to section

30.1-19-01 of the North Dakota Cen-

tury Code, all persons having claims

against the said decedent 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 Wanda K. Geibel, PO

Box 210, Hygiene, CO 80533 or filed

with the Court.

Dated: 02-03-2021

/s/Wanda K. Geibel

Wanda K. Geibel

Personal Representative

Larson Latham Huettl LLP

1100 College Dr

PO Box 2056

Bismarck ND 58502

(701) 223-5300

William C. Black

ID #07284

wblack@bismarcklaw.com

(February 27; March 6-13, 2021)

NOTICE TO CREDITORS

Probate No. 35-2021-PR-00006

IN THE DISTRICT COURT OF

PIERCE COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

Dora I. Diepolder, Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned have been appoint-

ed co-personal representatives of

the above estate. All persons hav-

ing 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

be presented to either James G.

Diepolder, 2460 80th St. NE, Willow

City, ND 58384, or Ann Brown, 601

Desiree Dr., Grand Forks, ND

587501, or filed with the clerk of the

district court.

Date: 02-23-2021

/s/James G. Diepolder

James G. Diepolder

Co-Personal Representative

/a/Ann Brown

Ann Brown

Co-Personal Representative

/s/Galen J. Mack

Galen J. Mack Esquire

Mack Law Offices, P.C.

120 2nd St. SE

PO Box 196

Rugby, ND 58368

701-776-5246

Attorney for Personal

Representatives

(March 6-13-20, 2021)

PROCEEDINGS OF PIERCE

COUNTY, NORTH DAKOTA,

BOARD OF COUNTY COMMIS-

SIONERS February 2, 2021

The Pierce County Board of County

Commissioners met in regular ses-

sion on February 2, 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 Hoffert and seconded by

Brossart to approve the consent

agenda. Motion carried.

Moved by Berg and seconded by

Christenson, to accept the January

minutes as mailed. Motion carried.

Eric Kuntz, Community Service

Coordinator, presented the board A

yearly report for the community ser-

vice program. The report showed

the number of cases for years 2019

and 2020 and the amount of fees

that have been collected. He has

four (4) new cases in January 2021.

Moved by Berg and seconded by

Hoffert, to approve those bills previ-

ously paid and those yet unpaid

were ordered paid. Motion carried.

Board reviewed Officer fee reports

and hourly workers time sheets.

After reviewing the financial, moved

by Christenson and seconded by

Brossart, to accept the financial re-

port for the month of January. Mo-

tion carried.

Moved by Hoffert and seconded by

Berg, to approve Treasurer’s checks

#6129-6137, in the amount of

$9,686.71, for the month of January.

Motion carried.

Board recessed to sit on the HACTC

board.

Mike Graner, Jail Administrator,

HACTC, joined the meeting.

Moved by Christenson and second-

ed by Berg, 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

Brossart, to approve the financial re-

port for the month of December, for

the HACTC. Motion carried.

Mike Graner, Jail Administrator,

HACTC, gave the board an update

on the inmate population for the

month of January, which was 80.

High 88; Low 78. February currently

has 79. Bookings 35; Releases 29.

Pierce County inmate bookings for

January were 4. Two (2) remain in

custody. Personnel 25/24 officer po-

sitions filled; One (1) on active

duty-military leave. Miscellaneous-

Covid-19- 1 staff member. No of-

fenders at this time with COVID-19.

Mike said that he has made contact

with USDA on a grant that he has

applied for with some upgrades on

security cameras, but was told by

the State- that the federal monies

have not come in as of yet. On the

ECI upgrade project- Mike said that

the wonder ware software has been

installed and later this week the

security cameras should be in-

stalled. There was a deficit of

$88,155.78,

for the month of December.

Board reconvened at 9:30 A.M., with

all members present.

Josh Siegler, Pierce County Sheriff,

met and gave the board a report for

the month of January, for his depart-

ment. Total calls-24; Medical

calls-none; Fire calls-1; Traffic Ac-

cidents-1; Assist Other Agencies-8;

Prisoner Transports-1; Arrests-8; Ci-

tations-7; Papers Served-14; War-

rants 5.

Brenden Klebe, NDSU Extension

Agent, met and gave the board an

update on the activities that his of-

fice will be holding, such as Pesti-

cide Training. Dates are February

23, March 2, March 3, and March

10, which will be held at the Farm

Credit Service meeting room. Also,

will be having a virtual Ag Associa-

tion meeting next week. 4-H- shoot-

ing sports is starting and hippology.

Brian Kraft, RDO Sales Rep,

stopped in for a brief moment and

asked if the board had any ques-

tions for him. Discussed briefly were

tires on a motorgrader.

Board reviewed correspondence

from Abby Ritz, Financial Analyst,

AE2S. The City of Rugby is working

to secure funding through the USDA

Rural Development, to renovate the

Rugby Armory. As part of the appli-

cation process, the City is required

to secure the County’s support and

certification for this project. Moved

by Berg and seconded by Christen-

son, authorizing the chairman to

sign the certification of significant

community support, for the renova-

tion of the Rugby Armory, to meet

current accessibility and use stan-

dards, to better serve as the City’s

emergency shelter and municipal

court. Upon roll call- Christenson

“Aye”; Brossart “Aye”; Hoffert “Nay”;

Berg “Aye”; Migler “Aye”. Motion

carried.

Joe Schultz and Jesse Brandvold,

Wold Engineering, met with the

board on the upcoming road project.

Road Project will be bid in April, with

a deadline of October 16th to be

completed. Moved by Brossart and

seconded by Christenson, authoriz-

ing the chairman to sign the follow-

ing certification letters to NDDOT, on

the following project: SC-35000(021)

PCN 23111-CMS 3532 from CMC

3505, East 9.1 miles to NDSH 3 &

CMC 3548 from Selz, East 3 miles

to Benson Co. line- Reshaping and

Regraveling -12.086 miles. Motion

carried.

Moved by Hoffert and seconded by

Berg, to enter into a service agree-

ment with Wold Engineering, for the

upcoming road project. Motion car-

ried.

Board reviewed abatement applica-

tion submitted by Lance Alexander,

for tax year 2020 (2021-1), on the

following described property as

W1/2NE1/4, Lots 4-5 (section 12)

Township 152 North, Range 72

West, Pierce County, North Dakota.

After review, moved by Hoffert and

seconded by Christenson, to lower

the true and full value from 287,459

to 42,830, for tax year 2020, as

recommended by the Tax Director,

as it qualifies as a farm exemption.

Motion carried.

Board reviewed abatement applica-

tion submitted by Scott Monson, for

tax year 2020 (2021-2-3), on the fol-

lowing described property as

NE1/4SE1/4, S1/2NE1/4, (section

9); N1/2NE1/4, NE1/4NW1/4 (sec-

tion 10), all located in Township 158

North, Range 71 West, Pierce Coun-

ty, North Dakota. After review,

moved by Brossart and seconded by

Berg, to lower the true and full value

from 101,231 to 51,363; and to

lower the true and full value from

100,991 to 83,116, for tax year

2020, as recommended by the Tax

Director, as it qualifies as a farm ex-

emption. Motion carried.

Moved by Berg and seconded by

Christenson, to transfer $4,000 from

the General Fund to the Community

Service Program. Motion carried.

Board reviewed financial report from

Rugby Ambulance Service.

Board reviewed 2020 year-end

financial report for the county reve-

nues, expenditures, transfer ins and

transfer outs and ending balances.

Moved by Berg and seconded by

Brossart, to accept the 2020

year-end financial report. Motion

carried.

Moved by Christenson and second-

ed by Hoffert, to transfer $150,000

from Highway Distribution to Road

and Bridge Fund. Motion carried.

Moved by Hoffert and seconded by

Berg, to transfer $5,000 from Wire-

less Funds to E9-1-1 Fund. Motion

carried.

Board reviewed a letter from Kelly

Jensen, Director of Northern Prairie

Human Service Zone, informing the

board that the Northern Prairie Hu-

man Service Zone Plan, dated Oc-

tober 15, 2020, was approved by the

Department of Human Services.

There being no further business,

moved by Berg and seconded by

Hoffert, to adjourn the meeting at

11:15 A.M. Motion carried.

Karin Fursather, Auditor-Treasurer

Pierce County, North Dakota

David Migler, Chairman

Board of County Commissioners

(March 6, 2021)

REGULAR RUGBY CITY

COUNCIL MEETING MINUTES

MONDAY, FEBRUARY 1, 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 Jim Olson, AE2S and

City Auditor Stewart. Absent was

Mayor Steinke.

Council President Kraft called the

meeting to order at 7:30 pm.

Council members recited the Pledge

of Allegiance.

Roll call was taken by Kraft.

There was a motion by Albrecht to

approve the agenda as presented.

Second by Trottier, motion carried.

The council considered the January

4, 2021 meeting minutes. There

was a motion by Albrecht to approve

the minutes of the January 4, 2021,

regular council meeting. Second by

Lunde, all voting yes, motion carried.

Stewart explained the opportunity

that the city has to refinance the

2013 Chalmers Addition Bonds, and

save money on interest. The bonds

may be called on May 1, 2021. Ann

Wuollet, PFM Financial Advisors,

addressed the council regarding the

possible refinance of the 2013 Chal-

mers Addition Bonds. Wuollet ex-

plained the estimated gross savings

of $153,000. She explained that this

is a refinance of the current bonds,

to reduce the interest rates, and will

not extend the term of the bonds.

The current bonds are scheduled to

be paid off in 2033. The original in-

terest rate was 2.14%; the estimate

interest rate for the refinance would

be 1%. Wuollet explained that the

interest rates can change daily or

weekly. They have been steady at

this point but the longer the city

waits the higher the interest rates

could be. She explained that the

proposed resolution for providing for

the public sale of the refunding im-

provement bonds, on the agenda

this evening, would set the sale date

of March 1, 2021. The bids received

on March 1 would be fixed rate bids

and lock in the interest rates.

The council considered Resolution

2021-1 Providing for the Public Sale

of Refunding Improvement Bonds,

Series 2021. There was a motion by

Lunde to accept Resolution 2021-1

Providing for the Public Sale of Re-

funding Improvement Bonds, Series

2021. Second by Albrecht, roll call

vote, Albrecht-yes, Bednarz-yes,

Lunde-yes, Berg-yes, Trottier-yes,

LaRocque-yes, Longie-yes, motion

carried.

Bills Paid Since Last Meeting of

1/4/2021: $276,270.43 Wire Sioux

Falls Truck & Trailer Center

$121,015.00 21118 ACME Tools

$1,089.97 21119 Aqua-Pure Inc.

$663.95 21120 B &M Laundry Ser-

vice $24.30 21121 Billi

Warcken-Lamoure Co. Clerk

$100.00 21122 Circle Sanitation

$35.00 21123 Colonial Research

Chemical Corp $2,574.64 21124

Convention & Visitors Bureau

$1,289.33 21125 Convention & Visi-

tors Bureau $3,330.57 21126 Dakota

Farms $57.79 21127 David Bednarz

$75.60 21128 Envision $905.72

21129 Fargo Tire Service $679.00

21130 G & P Commercial Sales

$83.02 21131 H. E. Everson Co

$472.12 21132 Home of Economy

$149.97 21133 John Deere Financial

$221.73 e-ck JP Morgan Chase

Bank $1,160.15 21134 Locators &

Supplies Inc. $50.02 21135 Medico

$129.25 21136 NAPA $139.97

21137 ND Dept. of Health/Chemistry

$18.54 21138 ND Dept. of Environ-

mental Quality $20.00 21139 ND

Municipal Judges Assoc. $25.00

21140 ND One Call Concepts $3.60

21141 NDTC $782.21 21142 North-

ern Plains Electric Coop $3,108.62

21143 Otter Tail Power Company

$13,381.46 21144 Pierce County

Tribune $603.10 21145 POST Board

$45.00 21146 Rugby Job Authority

$30,938.05 21147 State Water

Commission $6,570.45 21148 Valli

Information Systems $632.98

21149 Verizon Wireless $80.02 e-ck

Wex Bank $440.86 ACH Payroll

Checks $46,806.70 Social Security

$7,335.40 Medicare Taxes

$1,715.56 Payroll Taxes $4,892.30

21150 AFLAC $971.77 ACH

NDPERS $350.00 ACH NDPERS

$7,218.11 ACH NDPERS

$16,083.60 Bills Submitted for pay-

ment 01/04/2021: $87,383.44 21151

Advanced Engineering $15,947.85

21152 Austin Dibble $35.00 21153

B&J Excavating $1,957.50 21154

Bartsch Electric LLC $12,010.04

21155 Brad Radomski $700.00

21156 Circle Sanitation $20,072.00

21157 Core & Main LP $1,343.21

21158 Corrpro Companies Inc.

$840.00 21159 First District Health

Unit $75.00 21160 H. E. Everson Inc. $93.62 21161 I Design $160.86

21162 Integrated Process Solutions

$2,482.50 21163 MBF Drain Tile

Systems $6,865.00 21164 MeBulbs

or PQL Inc. $440.56 21165 Metro-

politan Compounds Inc. $234.35

21166 NDDOT $9,152.65 21167

Northern States Supply $10.58

21168 Petty Cash $4.65 21169 Pi-

erce County Auditor $3,412.50

21170 Power Plan $2,797.28 21171

Radisson Hotel Bismarck $79.00

21172 Rebecca Jordan $170.00

21173 Rugby Broadcasters $91.00

21174 Rugby Hardware Hank

$2,434.10 21175 Rugby Lumber

$23.80 21176 Rugby Service Center

$591.86 21177 Rugby Veterinary

Service $122.00 21178 Schock’s

Safe & Lock $432.90 21179 Verizon

Wireless $642.08 21180 Workforce

Safety & Insurance $4,161.55

The bills were reviewed by the coun-

cil. Bills were individually reviewed

by Albrecht and Lunde. There was

a motion by Albrecht to approve

payment of the bills as presented.

Second by Lunde, roll call vote,

Albrecht-yes, Lunde-yes, Bednarz-

yes, Berg-yes, LaRocque-yes, Lon-

gie-yes, and Trottier-yes, motion

carried.

The financials and budget amend-

ments were reviewed by the council.

Stewart explained the transfer for

the 2020 budget from the General

Fund to the Highway and Street

fund, to offset the shortfall of the

Highway and Street Fund in the

amount of $3,000. There was a mo-

tion by Albrecht to approve the

transfer for the 2020 budget from the

General Fund to the Highway and

Street fund, to offset the shortfall of

the Highway and Street Fund in the

amount of $3,000, as presented.

Second by Lunde, roll call vote,

Albrecht-yes, Lunde-yes, Bednarz-

yes, Berg-yes, LaRocque-yes, Lon-

gie- yes, and Trottier-yes, motion

carried.

Stewart explained the 2020 year-end

report. There was a motion by Al-

brecht to approve the 2020 year-end

report. Second by Bednarz, roll call

vote, Albrecht-yes, Lunde-yes,

Bednarz-yes, Berg-yes, LaRocque-

yes, Longie-yes, and Trottier-yes,

motion carried.

Stewart explained the 2021 Finan-

cials. This included the cash report,

statements of expenditures and

revenues to date. Stewart explained

the recent deposits from property tax

as well as highway tax and other

revenue. There was a motion by

Trottier to approve the 2021 finan-

cials as presented. Second by

Lunde, roll call vote, Albrecht-yes,

Lunde-yes, Bednarz-yes, Berg-yes,

LaRocque-yes, Longie-yes, and

Trottier-yes, motion carried.

The council considered the January

2021 Municipal Court Report. There

was a motion by Albrecht to approve

the January 2021 Municipal Court

Report. Second by Lunde, all voting

yes, motion carried.

The council reviewed the Conven-

tion & Visitors Bureau meeting

minutes for January 7, 2021, as well

as the financials. There was a mo-

tion by LaRocque to approve the

CVB January 7, 2021 minutes and

financials as presented. Second by

Lunde, all voting yes, motion carried.

The council reviewed and con-

sidered the JDA December 9, 2020

meeting minutes and financials

presented at the January 13, 2021

JDA meeting. There was a motion

by Albrecht to approve the JDA De-

cember 9, 2020 meeting minutes

and January 13, 2021 financials.

Second by Bednarz, roll call vote,

Albrecht- yes, Berg-yes, Bednarz –

yes, LaRocque-yes, Trottier- yes,

Lunde-yes, Longie-yes, motion car-

ried.

Recreation Committee: Chairman

Berg presented a final payment to

MBF Drain Tile in the amount of

$6,865. Both the Recreation and Fi-

nance Committee’s prepared the

recommendation of final payment.

The balance owed to MBF Drain Tile

is $19,200. The committee’s made

deductions for 84 hours use of the

skid steer at $65/hour, 10 hours use

of the mini excavator at $100/hour,

$3,375 to cover 75% of the Dakota

Fence estimate of $4,500, and

$2,500 for reseeding grass in the

spring. This left the balance of

$6,865.

The council discussed the scratches

on the skid steer that MBF Drain Tile

operators created. The estimate to

repair the scratches was $1645.

Berg informed the council that he

had spoken to Marcus from Ironhide,

the business that leases the skid

steer to the city, and that the

scratches would not impact our

trade in next spring. Trottier ques-

tioned if Berg had this in writing; he

does not, but will obtain this.

There was a motion by Berg to

make a final payment to MBF Drain

Tile in the amount of $6,865 con-

tingent on the approval of the sales

man that the scratches would not

cost the city additional money.

Second by, roll call vote,

Albrecht-yes, Berg-yes, LaRocque-

yes, Bednarz-no, Trottier-no,

Lunde-no, Longie-yes, 4-3, motion

carried.

Finance Committee: The committee

discussed the AE2S Water and

Sewer Rate Study, which was last

complete in 2016. The committee

discussed completing a new study to

address the next 5 years of water

and sewer rates. This allows the

city justification of the water and

sewer rates they charge consumers.

The cost for the city to complete a

new rate study is $12,230. Longie

questioned if the city water and

sewer rates are in compliance with

the previous rate study. Stewart ex-

plained that the council has chosen

to not follow the exact amounts the

study recommended in all cases.

The city has chosen to use rates

that are less than the recommended

amounts in some cases. There was

a motion by Albrecht to complete a

new water and sewer rate study with

AE2S. Second by Lunde, roll call

vote, Albrecht-yes, Berg-yes, Bed-

narz-yes, LaRocque-yes, Trottier-

yes, Lunde-yes, Longie-yes, motion

carried.

The committee reviewed and ap-

proved the City of Rugby Work Ord-

er and rates for equipment and la-

bor. This order does not allow city

equipment to be rented to citizens or

contractors. All city equipment must

be operated by a city employee only.

An example of previous billing the

city has done was discussed. Lon-

gie questioned Olson as to if he is

familiar with other cities, that he

works with, renting out equipment.

Olson does not see other cities rent-

ing out their equipment to individuals

or contractors. Munyer explained

that they have taken the street

sweeper and jet machine to other ci-

ties, and city employees operate the

equipment. There was a motion by

Albrecht to approve the City of Rug-

by Work Order. Second by Bed-

narz, all voting yes, motion carried.

The Recreation Manager salary was

discussed. The committee is recom-

mending $1,100 per month salary as

a six month position. Trottier ques-

tioned who the Personnel Commit-

tee was. LaRocque, Albrecht and

Longie are the council members on

the committee as well as Candy

Munyer, Deputy Auditor. This com-

mittee meets as needed. The Per-

sonnel Committee, in the past, had

dealt with policy and procedures, not

the hiring. Depending on the open

position within the city, determines

which committee does the hiring.

When the Police Department has an

opening, the Public Safety Commit-

tee does the hiring. Kraft explained

that every spring/summer we hire

20-30 people for the summer pro-

grams. The Recreation Manager

and Director hire the coaching staff

for the baseball program and Pool

Manager hires the lifeguards. Trot-

tier questioned how resignations are

dealt with. Stewart explained that

when a resignation is received, the

council is made aware of the resig-

nation. When a police officer

resigns, Chief Rose informs the

Public Safety Committee. They then

decide how they move forward to

hire a new employee. Kraft remind-

ed the committee that they are not

discussing the use of the Personnel

Committee. Bednarz explained that

the Personnel Committee had been

set up in the past to deal with em-

ployee conduct and misconduct is-

sues. Kraft directed the council

back to the agenda item of the Re-

creation Manager. There was a mo-

tion by Albrecht to hire a Recreation

Manager at $1,100 per month for six

months. Second by LaRocque, roll

call vote, Albrecht-yes, Berg-yes,

LaRocque-yes, Bednarz-yes, Trot-

tier- no, Lunde-no, Longie-yes, 5-2,

motion carried.

Ordinance Committee: Kraft ex-

plained that they had discussed

Hemp Processing.

Public Works: Chairman Bednarz

explained that they have received

the new dump trucks. He informed

the council that the CO2 tank, for the

water plant, has had some mechani-

cal issues. Olson reported that it

was last inspected in 2018 and at

that time it failed testing. We current-

ly have a supplier of CO2, whom

has been able to refill it since then.

Olson explained it is the oldest tank

being used in North Dakota. He ex-

plained the parts on the tank that

have exceeded their useful life.

Boucher was able to find some re-

placement parts to fix the immediate

issue, until a new tank can be in-

stalled. The current tank is 12 ton.

Olson recommends installing a new

tank of equal or greater capacity.

LaRocque questioned what a new

tank would cost. Olson estimated it

would be a total cost of $130,000.

The refurbished tank or new tank

would each have a one year warran-

ty. Olson explained that the lead

time on a new tank is anywhere from

12-20 weeks, until delivery.

Kraft explained that being on the Fi-

nance Committee, he has never

been aware that our current tank

had failed testing and that a replace-

ment needed to be obtained.

Stewart explained that Boucher has

listed this on his budget request in

the past. Berg questioned why the

council had not been made aware of

the failed test back in 2018.

Olson explained that the water plant

is using 20 pounds of CO2 a day at

the plant. This indicated that the

tank is leaking somewhere. There

was a motion by Albrecht to have

Olson obtain proposals for a new

CO2 tank. Second by Lunde, all vot-

ing yes, motion carried.

The council discussed how to get by

with the current CO2 tank until they

can decide and purchase a new

CO2 tank. There was a motion by

Berg to have Boucher obtain the

necessary equipment for the CO2

tank to keep it working until a new

tank can be ordered. Second by

Trottier, all voting yes, motion car-

ried.

Bednarz explained that an estimate

for generators for the lift stations and

wiring them was in the council ma-

terials. Munyer has contacted

Bartsch Electric to get the lift sta-

tions wired and the generators will

be budgeted for. Longie questioned

why the lift stations have not been

wired yet. It has been discussed

many times to get the lift stations

wired and it has not happened, Lon-

gie wants this done.

Longie questioned the Comprehen-

sive Land Use plan and where it is

at. Olson explained that a Steering

Committee has been selected and a

meeting will be happening in the

near future. Once Olson knows

when the Steering Committee meet-

ing is he will notify council.

Kraft explained that Boucher is look-

ing into purchasing or leasing a port-

able CO2 tank for back up, should

the current tank go down. Olson ex-

plained that a portable tank is 600

pounds and he will be obtaining an

estimate of cost tomorrow. There

was a motion by Bednarz to obtain a

portable CO2 tank for a cost of

$5,000 or less. Second by Lunde,

roll call vote, Albrecht-yes, Berg-yes,

Bednarz-yes, Trottier-yes, Lunde-

yes, LaRocque-yes, Longie-yes, mo-

tion carried.

Public Safety Committee: Chairman

Longie explained they discussed the

police report and that Officer Farmer

has been hired back and Officer Laf-

ferty has begun working. LaRocque

had recommended removing snow

on the streets if the city receives an

inch of snow or more.

Building: Nothing to report.

Olson addressed the council regard-

ing geotechnical exploration propo-

sals for the 2 1/2 Ave Project. He

presented proposals from Terracon,

Northern Technologies and Material

Testing Services. The Terracon pro-

posal was for $11,000, Northern

Technologies for $11,500 and Ma-

terial Testing for $6,100. There was

a motion by Berg to accept the Ma-

terial Testing Services proposal at

$6,100. Second by LaRocque, roll

call vote, Albrecht-yes, Berg-yes,

Bednarz-yes, Trottier-yes, LaRoc-

que-yes, Lunde-yes, Longie-yes,

motion carried.

Olson explained that the Public

Works Committee has discussed

televising and flushing sewer lines in

the northwest part of town. This is

approximately 11,079 lineal feet of

line. Olson has obtained estimates

from Kemper Construction Company

in the amount of $32,440 and one

from Pipe Detectives in the amount

of $20,772. Olson explained that

this will not begin until after April 1,

2021. There was a motion by Bed-

narz to accept the Pipe Detectives

proposal in the amount of $22,772.

Second by Lunde, roll call vote,

Albrecht-yes, Berg-yes, Bednarz-

yes, Trottier-yes, LaRocque-yes,

Lunde-yes, Longie-yes, motion car-

ried.

The council conducted the first read-

ing of Ordinance 431- Chapter

19.28- I-3 Industrial Park District.

Stewart explained that the addition

to the current ordinance is to allow

for hemp processing in the Industrial

Park Zoning District. Currently there

is nothing in ordinance that stipu-

lates where hemp processing can or

cannot occur in the city. There was

a motion by Albrecht to accept the

first reading of Ordinance 431-

Chapter 19.28- I-3 Industrial Park

District. Second by Bednarz, all vot-

ing yes, motion carried.

Kraft explained that a number of city

employees utilize their personal cell

phone, daily for city business. It is

the recommendation of the Finance

Committee to pay full-time, regular

city employees, whom do not have a

city, provided cell phone, $25 dollars

per month for the use of their per-

sonal cell phone for city business.

There was a motion by Albrecht to

pay full-time, regular city employees,

whom do not have a city provided

cell phone, $25 dollars per month for

the use of their personal cell phone

for city business. Second by Bed-

narz, roll call vote, Albrecht-yes,

Berg-yes, Bednarz-yes, LaRocque-

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

yes, motion carried.

The Personnel Committee was dis-

cussed by council. LaRocque re-

quested that the City Auditor email

the minutes from the last five Per-

sonnel Committee meetings. The

last meeting of this committee was

January 2019. Chief Rose ques-

tioned if Candy Munyer, Deputy Au-

ditor and member of the Personnel

Committee was a voting member of

the committee. Stewart explained

that prior to June 2018; the employ-

ee representative on the committee

had been a voting member. As of

June 2018 committee appointments,

the employee representative was

made a non-voting member of the

committee by Mayor Steinke.

Longie expressed his concern with

the committee system. He feels that

the committee system is limiting the

sharing of information from each

committee. He would like to see all

council members in the loop and

recommended that the council meet

twice a month instead of having

committee meetings. Berg agreed

that he would like to see two council

meetings and assign research to

committees. Albrecht and Kraft ex-

pressed the importance of the com-

mittee meetings to help limit the

length of council meetings.

Bruce Rheault, former Council

Member, explained he was on the

Personnel Committee and that they

met regularly in 2017 and 2018. Al-

brecht explained that many issues

should be handled outside of the

Personnel Committee and tried to be

handled before it escalates to the

Personnel Committee.

Berg expressed concern that if the

Recreation Committee makes a

recommendation to the Finance that

the Recreation Committee members

cannot attend the Finance meeting,

due to open meeting laws and the

City Council.

Lunde requested that all minutes,

prepared by the City Auditor, be

emailed out to the Council as they

are completed.

Attorney Hartl explained that appli-

cation for Local Permit or Restricted

Event Permit for Pierce County 4-H

Leaders Council, Rugby High

School FBLA and Rugby Dollars for

Scholars were all in order for appro-

val. There was a motion by Albrecht

to approve the application for Local

Permit or Restricted Event Permit for

Pierce County 4-H Leaders Council,

Rugby High School FBLA and Rug-

by Dollars for Scholars. Second by

Longie, all voting yes, motion car-

ried.

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 Bednarz, all

voting yes, motion carried. Meeting

adjourned at 9:40p.m.

Susan Steinke, Mayor

ATTEST: Jennifer Stewart, City Au-

ditor

APPROVED: March 1, 2021

(March 6, 2021)

RUSH LAKE NOTICE

The Rush Lake Township annual

meeting will be held March 16, 2021

at 2 p.m. at the Gerald Bohl farm.

(March 6, 2021)

SPECIAL RUGBY CITY COUNCIL

MEETING MINUTES

MONDAY, FEBRUARY 8, 2021

5:00PM COUNCIL CHAMBERS

AND BY GOTOMEETING

Council Members present: Kraft, Al-

brecht, Bednarz, Berg, and Trottier.

Council Members present by

GOTOMEETING: Lunde. Also

present were Chief of Police Rose,

Jim Olson, AE2S, Jason Strand,

AE2S, City Auditor Stewart, Troy

Munyer, Street & Sewer Superin-

tendent, Greg Boucher, Water Plant

Superintendent. Absent were Mayor

Steinke, Attorney Hartl and Council

Members Longie and LaRocque.

President Kraft called the meeting to

order at 5:07pm.

Council members recited the Pledge

of Allegiance.

Roll call was taken by Kraft.

Olson addressed the council regard-

ing the CO2 tank at the Water Treat-

ment Plant. He explained that it is at

the end of its useful life and approxi-

mately 50 years old. Olson has ob-

tained four estimates for the council

to consider. He explained there is

two types of tanks, foam insulated

tanks and vacuum jacketed. The

current tank at the water plant is the

foam type.

The first estimate from TomCO2

Systems, that has one tank available

to ship, estimated at $87,302 for a

14 ton tank but does not have a cost

for startup and commissioning. The

next foam tank estimate is from CO2

Systems, Inc. in the amount of

$117,250, for a 14 ton tank, with

freight and delivery.

The third estimate is for a 14 ton va-

cuum jacketed tank from Chart In-

dustries in the amount of $173,300.

The fourth estimate for a 14 ton va-

cuum jacketed tank from Chart In-

dustries in the amount of $183,800.

He also obtained an estimate from

Great Northern Environmental for a

14 ton vacuum jacketed tank from

Chart Industries for $183,800.

Bednarz questioned the difference in

energy use between foam and vacu-

um jacketed. Olson believes this will

be similar due to the tank being the

same 14 Ton capacity. Kraft ques-

tioned how the tank is set once it is

received in Rugby. Olson suggest-

ed a professional crane operator.

He explained that a local plumber

and electrician would be necessary.

Berg questioned how much CO2 is

used and how often it would be re-

filled. Boucher explained that in the

winter he is using about 20 pounds a

day, to make water. In the summer

Boucher uses more CO2 to produce

water. Berg questioned if the 14 ton

tank capacity is necessary. Olson

explained that currently a 12 ton

tank is being utilized and that if the

council feels that the city will grow in

the future the 14 ton tank is allowing

for that. Boucher explained that hav-

ing a larger tank allows for a much

cheaper cost for CO2. Olson ex-

plained that the semi-truck that

delivers CO2 can hold 20 Tons of

CO2, so if the city can take 14 ton it

will equate to a better price of CO2.

Kraft questioned the current tank is-

sues. Boucher explained that they

believe it is leaking somewhere and

he is losing CO2. Currently we re-

ceive CO2 out of South Dakota, with

a new tank we could obtain CO2 out

of Beulah or Minot, which would cut

down on the freight charge.

The committee discussed the dif-

ferent lengths of warranty between

the two types of tanks.

They discussed yearly maintenance

of the CO2 tank and testing.

Olson indicated he can have a CO2

tank from TomCO2 Systems in Rug-

by in 6 weeks.

Bednarz questioned if both tanks are

good tanks to use. Olson agreed

that they are both good tanks. He

believes the 6 week lead time on the

TomCO2 tank is much quicker than

the other tank estimates that may

take up to 20 weeks to obtain.

Olson explained that American

Welding, out of Minot, will lease 600

pound tanks to the city should the

current tank quit working. The esti-

mate of this is $300 install and $150

per month for the tank.

Kraft asked what the startup and

commissioning consists of. Olson

explained that this is training, onsite,

for approximately 2 days. They will

check all the valves and make sure

the system is functioning and then

sign off on the tank. Olson estimat-

ed approximately $3,900 for startup

and commissioning.

Lunde questioned if 20 pounds a

day is currently being used, how

much less would be used, daily with

a new tank? Boucher explained that

it would be the same amount and in

the summer the use is much more.

Bednarz questioned if the vacuum

jacketed could spring a leak? Olson

explained that a repair on the tank

would be necessary. Olson com-

pared a vacuum jacket similar to a

Yeti tumbler that is encapsulated

within stainless steel. Trottier asked

if there was a possibility to negotiate

a lower price with TOMCO2. Olson

believes that is a possibility.

There was a motion by Bednarz to

accept the proposal from TOMCO2

Systems in the amount of $97,802

with up to a total cost up to

$105,000 with startup and commis-

sioning and to allow Jim Olson to

negotiate a lower cost on the tank.

Second by Albrecht. Roll call vote,

Albrecht-yes, Berg-yes, Bednarz-

yes, Trottier-yes, and Lunde-yes.

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 Bednarz, all

voting yes, motion carried. Meeting

adjourned at 5:49p.m.

Susan Steinke, Mayor

ATTEST: Jennifer Stewart, City Au-

ditor

APPROVED: March 1, 2021

(March 6, 2021)

SPECIAL RUGBY CITY COUNCIL

MEETING MINUTES MONDAY,

FEBRUARY 1, 2021- 6:30PM

COUNCIL CHAMBERS AND BY

GOTOMEETING

Council Members present: Kraft, Al-

brecht, Bednarz, Berg, Lunde,

LaRocque, and Trottier. Council

Members present by GOTOMEET-

ING: none. Also present were Chief

of Police Rose, Jim Olson, AE2S,

Jason Strand, AE2S, City Auditor

Stewart, Troy Munyer, Street &

Sewer Superintendent, Greg Bouch-

er, and Water Plant Superintendent.

Absent were Mayor Steinke, Attor-

ney Hartl and Council Member Lon-

gie. Public present: Bruce Rheault,

KZZJ, Rick Sur, Sue Sitter, Pierce

County Tribune.

President Kraft called the meeting to

order at 6:30 pm.

Council members recited the Pledge

of Allegiance.

Roll call was taken by Kraft.

Kraft turned the meeting over to Jim

Olson, AE2S, to explain the 2 1/2

Ave and 6th St project.

The public had no comments to

share.

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.

Susan Steinke, Mayor

ATTEST: Jennifer Stewart, City Au-

ditor

APPROVED: March 1, 2021

(March 6, 2021)

SUMMONS AND NOTICE OF NO

PERSONAL CLAIM

Civil No. 35-2021-CV-00016

STATE OF NORTH DAKOTA,

COUNTY OF PIERCE, IN DIS-

TRICT COURT, NORTHEAST JUD-

ICIAL DISTRICT

Ramsey National Bank,

Plaintiff,

v.

U.S. Bank National Association, suc-

cessor by merger to First Bank Na-

tional Association, Successor by

merger to First Bank, Federal Sav-

ings Bank, formerly, Metropolitan

Federal Bank Federal Savings Bank

(aka Metropolitan Federal Bank,

FSB) and all unknown persons

claiming an estate or interest in or

lien or encumbrance.

Defendants.

STATE OF NORTH DAKOTA TO

THE ABOVE-NAMED DEFEN-

DANTS:

1. YOU ARE HEREBY SUM-

MONED and required to appear and

defend against the Complaint in this

action, which is on file with the Clerk

of the above named Court, which is

herewith served upon you, by serv-

ing upon the undersigned, an

answer or other proper response

within twenty-one (21) days after the

service of this Summons upon you,

exclusive of the date of service. If

you fail to do so, judgment by default

will be taken against you for the re-

lief demanded in the Complaint.

2. This is an action to quiet title

against the following described real

property:

Lots Thirteen (13) Fourteen (14) and

Fifteen (15), Original Townsite of

Rugby, Pierce County, North Dako-

ta.

3. No personal claim is made

against any of the Defendants

named above.

Dated February 16, 2021.

TURMAN & LANG, LTD.

/s/ Joseph A. Turman

JOSEPH A. TURMAN (#03128)

505 N. Broadway, Suite 207

PO Box 110

Fargo, ND 58107-0110

(701) 293-5592

jturman@turmanlaw.com

Attorneys for Plaintiff

(February 27; March 6-13, 2021)

TORGERSON TOWNSHIP NOTICE

The annual meeting for Torgerson

Township will be held at the Gerrod

Brossart farm on March 16, 2021 at

1 p.m.

(March 6-13, 2021)

TRUMAN TOWNSHIP

The Annual Meeting for Truman

Township will be held on Tuesday

March 16, 2021 from 1:00-3:00 p.m.

at the Leon Seefeld home. Election

for one Supervisor will be held from

1:00-2:00 p.m., with Annual Town-

ship business meeting to follow.

Catherine Seefeld, Clerk

(March 6-13, 2021)

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