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Legal Notices 4-10

By Staff | Apr 10, 2021

ADVERTISEMENT FOR BIDS

TGU SCHOOL DISTRICT #60

MECHANICAL UPGRADES

PHASE 2

302 2ND ST SE

TOWNER, ND 58788

Sealed Bids for Single Prime Con-

struction of TGU School District #60,

Mechanical Upgrades – Phase 2 will

be accepted until:

2:00 PM Central Time, Thursday,

April 29, 2021

at the office of Ackerman-Estvold

1907 17th Street SE

Minot, North Dakota

at which time and place the bids will

be opened and read aloud. Propo-

sals received after that time will not

be accepted.

Single Prime Construction Bid: All

Portions of Work – Mechanical,

Electrical, and General Construction.

Bidders may obtain Plans and

Specifications by contacting Sonya

Boykin at Ackerman-Estvold by

phone at 701-837-8737 or by email

at sonya.boykin@ackerman-estvold.

com and requesting a link providing

access to the project documents.

The Construction Documents will be

on file and may be examined at the

Office of Ackerman-Estvold, Minot,

North Dakota and the following

Builders Exchanges: Bismarck-

Mandan, Construction Plans Ex-

change, Dickinson, Fargo, Grand

Forks, Minot, Williston, North Dako-

ta; St. Paul, and Minneapolis, Min-

nesota; Construction Industry

Center, and Sioux Falls Builders Ex-

change, South Dakota.

Any contractor who obtains their

plans from an exchange and wishes

to be added to the official plan hold-

ers list or receive automatic email

notification of Addenda must also re-

gister for the project on

Ackerman-Estvold’s plan room and

download the Project documents as

detailed below or contact the Archi-

tect directly.

Each Bid must be accompanied by a

separate envelope, (attached to the

Bid Envelope) containing a Bid Bond

equal to five percent (5%) of the

amount of the Bid naming TGU

School District #60 as Obligee. The

Contractor shall also enclose within

the Bid Bond Envelope a copy of the

Bidder’s North Dakota Contractor’s

License or a copy of their latest

Renewal Certificate issued by the

Secretary of State as per North

Dakota Century Code 43-07-12. All

Contractors who submit Bids must

hold a North Dakota Contractors

License in the highest amount of

their Bids and such license must

have been in effect at least ten (10)

days prior to the date of the Bid

Opening. Any Bid not containing

these documents shall not be ac-

ceptable and shall be returned to the

Bidder unopened. See AIA Docu-

ment A701-1997 “Instructions to

Bidders” in the Project Manual for

further information.

The Owner reserves the right to re-

ject any or all bids and to waive any

informalities in bidding.

The successful bidder will be re-

quired to furnish a Payment Bond,

Performance Bond, Insurance Cov-

erages and other requirements

stipulated in the Project Manual.

No Bidder may withdraw his Bid

within 30 days of the actual date of

the opening.

A Pre-Bid Conference will be held at

TGU School District #60, 302 2nd St

SE, Towner, ND at 3:30 pm CST on

Tuesday, April 20th, 2021.

Erik Sveet, Superintendent

TGU School District #60

(April 10-17-24, 2021)

CALL FOR BIDS

The Pierce County Weed Board of

Pierce County, North Dakota will ac-

cept sealed bids until 10:00 A.M.

Monday, April 19, 2021 for furnish-

ing Pierce County the following

chemicals:

¯ 400 gallons, more or less, of Out-

post or Tordon in one gallon or 2 1/2

gallon containers

¯ 150 gallons, more or less, of pla-

teau in one gallon containers

¯ 500 gallons, more or less of MSO

oil

¯ 25 gal. Method (generic perspec-

tive)

The above quantities are approxi-

mate and price quoted should be

F.O.B. delivered and unloaded by

supplier to our storage building by

May 3, 2021. Bid with the option to

purchase more if needed at bid

price. The company must store left-

over that can’t freeze.

Bids are to be mailed to the Pierce

County Weed Board, 240 2nd St SE,

Suite 6 Rugby, North Dakota 58368.

Bids to be marked on outside of en-

velope “Chemical Bid”. Bids will be

reviewed on total dollar amount not

on individual chemical price. The Pi-

erce County Weed Board reserves

the right to reject any or all bids and

to waive all technicalities and to ac-

cept that bid which appears to be

the most advantageous to Pierce

County.

David Migler, Chairman Weed

Board

Dated: March 29, 2021

(April 3-10-17, 2021)

FEBRUARY EXPENDITURES

NDPERS $490.97, Pierce co.payroll

acct. $31,703.60, Pierce co. treas.

$245.93, Wolf, Lee $9.03, Northern

Plains Elec. $237.00, NDTC

$3,445.70, Purchase Power

$299.97, J.P.Morgan $4,204.24,

Otter Tail $4,686.69, Pierce co.

payroll acct. $87,432.14, Pierce

co.treas. $725.02, Baltimore Co.

OCS $833.00, Pierce co. payroll

acct. $90,632.40, Pierce co. treas.

$818.62, AFLAC $1,468.04, Colonial

Life $51.75, Ebix Health $68.45,

Nationwide $4,175.56, Security

Benefit $1,644.26, NDPERS

$25,939.88, Otter tail $6,448.60,

Visa $16.79, Pitney Bowes $148.59,

NDPHIT $73,445.68, HACTC

$42,307.84, HACTC res.fund

$878.00, UPS $23.90, Migler, David

$133.28, Tyler Technologies

$2,040.65, Stutsman Co. Auditor

$47.50, Mack Law $403.50, ND Co.

Recorders Assoc. $200.00, Pierce

co.treas. $71.05, Advanced Busi-

ness Methods $202.84, Pro I.T.

$625.00, B & M Laundry $76.90,

Rugby H.Hank $33.86, Circle Sani-

taion $156.00, Rugby Lumber

$28.99, Christenson Elec. Serv.

$220.98, City of Rugby $525.35, Pi-

erce Co.Tribune $329.30, Bremer

Bank $14.80, Quadient Finance

$500.00, Quadient Leasing

$1,035.00, ITD $3,463.31,Office of

State Auditor $14,650.00, Brad’s

towing&auto $225.00, Rugby ser-

vice $838.28, Envision $253.39,

HACTC $6,193.10, Redwood Toxi-

cology Lab $204.01, City of Balta

$1,095.00, I Solved $240.35, Souris

Basin Plan. Council $3,708.00,

Dakota Business Solutions

$2,500.00, Envision $3,156.97, RDO

$2,255.80, H.E.Everson $44.61,

Praxair $136.41, City of Balta

$396.00, Zeien, Paul $22.96,

Lysne, Daren $36.40, ND Crop Im-

prov.& Seed Assoc. $100.00, NDSU

$130.00, ITD $56.11, NDTC

$203.66, Kuntz, Eric $53.76, ND

Comm.Corr.Assoc. $200.00 Grand

total $429,189.77

(April 10, 2021)

NOTICE OF LEGISLATIVE

DISTRICT 14, PRECINCT

CAUCUS

Notice is hereby given that the

Republican Party of District 14 will

hold their caucus at the Cobblestone

Inn and Suites, 402 US-2, Rugby

North Dakota on April 10, 2021 from

the hours of 7:00 pm to 9:00 pm, for

the election of precinct committee-

men and such other individuals as

may be provided by state law and

district party bylaws.

Republican Party District Chairman,

Ron Hofstrand

Legislative District 14

(March 27; April 3-10, 2021)

NOTICE TO CREDITORS

Probate No. 35-2020-PR-00017

IN DISTRICT COURT, PIERCE

COUNTY, NORTH DAKOTA

In the Matter of the Estate of

Charlotte L. Tuchscherer

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

Joseph Jay Tuchscherer, personal

representative of the estate, at 204

4th St. NW, Rugby, North Dakota

58368, or filed with the Court.

Dated this 26th day of March, 2021.

/s/Joseph Jay Tuchscherer

Joseph Jay Tuchscherer

Personal Representative

202 4th St. NW

Rugby, North Dakota 58368

/s/William R. Hartl

William R. Hartl

Attorney for the Personal Represen-

tative

(April 3-10-17, 2021)

PROCEEDINGS OF PIERCE

COUNTY, NORTH DAKOTA,

BOARD OF COUNTY

COMMISSIONERS March 2, 2021

The Pierce County Board of County

Commissioners met in regular ses-

sion on March 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 Christenson and second-

ed by Brossart to approve the con-

sent agenda. Motion carried.

Moved by Hoffert and seconded by

Brossart, to accept the February

minutes as mailed. Motion carried.

Moved by Christenson and second-

ed by Berg, to approve those bills

previously paid and those yet unpaid

were ordered paid. Motion carried.

Josh Siegler, Pierce County Sheriff,

met and gave the board a report for

the month of February, for his

department. Total calls-36; Medical

calls-2; Fire calls-none; Traffic ac-

cidents-4; Assist Other Agencies-7;

Prisoner Transports-4; Arrests-4; Ci-

tations-7; Papers served-19; War-

rants served-4. Personnel- Sheriff

Josh Siegler, said that he has had

two interviews for the deputy posi-

tion and has another interview today.

He hopes to have someone on staff

by April.

Board recessed to sit on the HACTC

board.

Mike Graner, Jail Administrator,

HACTC, joined the meeting.

After reviewing the HACTC bills,

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

January, for the HACTC. Motion car-

ried.

Moved by Brossart and seconded by

Berg, to approve the financial report

for the month of January, for the

HACTC. Motion carried.

Mike Graner, Jail Administrator,

HACTC, gave the board an update

on the inmate population for the

month of February, which was 83.

High 91. March currently has 88.

Bookings 41; Releases 35. Pierce

County inmate for January was 4,

with 3 remaining in custody. Person-

nel 25/24 officer positions filled; One

(1) on active duty-military leave. One

(1) resignation effective March 10th.

Miscellaneous- ECI upgrade project

is completed, with 20 new cameras

installed. There was a deficit of $46,

376.67, for the month of January.

Mike Christenson left the meeting.

Board reconvened at 9:00 AM, with

all members present, except

Christenson.

Board reviewed Officer fee reports

and hourly workers time sheets.

Moved by Hoffert and seconded by

Berg, to accept the financial report

for the month of February. Motion

carried.

Moved by Berg and seconded by

Hoffert, to approve Treasurer’s

checks #6138-6157, in the amount

of $14,802.87, for the month of

February. Motion carried.

Moved by Hoffert and seconded by

Berg, to impose load limit

restrictions-single axle not to exceed

12,000 lbs., tandem axle not to

exceed 12,000 lbs., per axle, on all

county township roads. Also, speed

limit will be 45 miles per hour, while

load limits are in effect. With the ex-

ception that load limits on 2 ¢ miles

from Highway #3 to Selz, speed limit

set at 35 miles per hour, single axle,

not to exceed 12,000 lbs., and tan-

dem axle not to exceed 12,000 lbs.

for loaded trucks, while limits are in

effect. Motion carried.

Moved by Hoffert and seconded by

Brossart, to call for bids for graveling

and machine hire, for the 2021 con-

struction season. Motion carried.

Board reviewed abatement applica-

tion submitted by Paul Goyne, for

tax year 2020 (2021-4), on the fol-

lowing described property, as Lots 2

thru 5, Anderson Sub- Div, located

in Township 156 North, Range 72

West, Pierce County, North Dakota.

After review, moved by Berg and

seconded by Hoffert, to lower the

true and full value from 294,340 to

240,897, for tax year 2020, as

recommended by the Tax Director,

and to concur with Meyer Township

Board, as an appraisal was provid-

ed. Motion carried.

Board reviewed abatement applica-

tion submitted by Shirley Yoder, for

tax years 2019, 2020 & 2021

(2021-6-7-8), on mobile home, locat-

ed in Township 158 North, Range 69

West. After review, moved by Hof-

fert and seconded by Brossart, to

approve the abatement application

for tax years 2019, 2020 &2021, as

recommended by the Tax Director,

as mobile home was taxed as dou-

blewide and only is a singlewide.

Motion carried.

Board reviewed abatement applica-

tion submitted by Douglas Pierson,

for tax year 2020 (2021-9), on the

following described property, as Lot

2, & E 25′ of Lot 3, Block 4,

Erickson’s Addition, located in the

City of Rugby. After review, moved

by Hoffert and seconded by Berg, to

approve the abatement application

for 2020, as recommended by the

Tax Director, as it qualifies for

homestead credit. Motion carried.

Board reviewed correspondence

from Abby Ritz, Financial Analyst,

AE2S. The City of Rugby is working

to secure funding through USDA

Rural Development, for water,

sewer, storm and street infrastruc-

ture improvement project. As part of

the application process, the City is

required to secure the County’s sup-

port and certification for this project.

Moved by Berg and seconded by

Brossart, authorizing the chairman

to sign the certification of significant

community support, for the City of

Rugby infrastructure improvement

project. Upon roll call vote- Brossart

“Aye”; Hoffert “Aye”; Berg “Aye”;

Migler “Aye”. Motion carried.

Board reviewed a proposal from En-

vironmental Abatement Services,

Inc., for removing and disposing of

asbestos from a property that the

county owns. Moved by Berg and

seconded by Brossart, to hire En-

vironmental Abatement Services,

Inc, for the removal of asbestos from

county owned property. Motion car-

ried.

Auditor-Treasurer, Fursather, said

that Dondi & Khloe Sobolik stopped

in the office and were wondering if

the county could install signs that

said Fairgrounds with an arrow on

Highway 2 & Highway 3, Golf

Course Road and Truck Bypass

Road.

There being no further business to

transact, moved by Hoffert and

seconded by Brossart, to adjourn

the meeting at 10:30 A.M. Motion

carried.

Karin Fursather, Auditor-Treasurer

Pierce County, North Dakota

David Migler, Chairman

Board of County Commissioners

PROCEEDINGS OF PIERCE

COUNTY, NORTH DAKOTA,

BOARD OF COUNTY

COMMISSIONERS March 16, 2021

The Pierce County Board of County

Commissioners met in special ses-

sion on March 16, 2021. Chairman

Migler called the meeting to order at

11:00 A.M., with members Christen-

son, Brossart and Hoffert present.

Berg absent. Also present was Su-

san Sitter, Pierce County Tribune.

Kelsey Siegler, DES Coordinator,

met with the board concerning a Fire

Emergency Declaration and Burn

Ban. After further discussion, moved

by Brossart and seconded by Hof-

fert, to issue a complete burn ban

until April 6, 2021. The Fire Emer-

gency Declaration and Burn Ban in-

cludes the use of fireworks, recrea-

tional burning, garbage/pit burning,

burning of farmland, cropland and/or

ditches, and the use of fire to demol-

ish structures, however this does not

ban the use of grills or commercially

sold enclosed firepits, but it is re-

quired that grills or enclosed fire

devices be on a hard non-organic

surface a be and minimum of 15 feet

away from any dry vegetation. This

Burn Ban Expires on April 6, 2021.

Upon roll call vote- Christenson

“Aye”; Brossart “Aye”; Hoffert “Aye”;

Migler “Aye”. Motion carried. Del-

caration is on file in the

Auditor-Treasuer’s office.

There being no further business to

transact, moved by Hoffert and

seconded by Christenson, 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

(April 10, 2021)

Public Notice

For Central Point Landfill and

Transfer LLC – Transfer Station

A solid waste permit renewal appli-

cation for an existing transfer station

has been submitted to the North

Dakota Department of Environmen-

tal Quality by Central Point Landfill

and Transfer LLC for a transfer sta-

tion facility located in the NW1/4 of

the NE1/4 of Section 1, T155N,

R73W, in Pierce County, North

Dakota.

(April 10-17, 2021)

REGULAR RUGBY CITY

COUNCIL MEETING MINUTES

MONDAY, MARCH 1, 2021 7:30PM

CITY ARMORY GYMNASIUM AND

BY GOTOMEETING

Council Members present: Albrecht,

Kraft, Bednarz, Berg, LaRocque,

and Trottier. Council Members

present by GOTOMEETING: Longie

and Lunde. Also present were May-

or Steinke, City Attorney Hartl, Jim

Olson, AE2S and City Auditor

Stewart.

Mayor Steinke called the meeting to

order at 7:47 pm.

Council members recited the Pledge

of Allegiance.

Roll call was taken by Steinke.

There was a motion by Kraft to ap-

prove the agenda as presented.

Second by Albrecht, motion carried.

The council considered the February

1, 2021 special meeting minutes.

There was a motion by Albrecht to

approve the minutes of the February

1, 2021, special council meeting.

Second by Kraft, all voting yes, mo-

tion carried.

The council considered the February

1, 2021 meeting minutes. There

was a motion by Berg to approve the

minutes of the February 1, 2021,

regular council meeting. Second by

LaRocque, all voting yes, motion

carried.

The council considered the February

8, 2021 special meeting minutes.

There was a motion by Albrecht to

approve the minutes of the February

8, 2021 special meeting minutes.

Second by Bednarz, all voting yes,

motion carried.

Stewart presented the results of the

2021 $1,815,000 Refunding Series

2013 Refunding Improvement

Bonds. The winning bidder was

Piper Sandler & Co. and Cantor

Fitzgerald with a price of

$1,830,236.05 with an interest rate

of 1.3447%. There was a motion by

Albrecht to accept the winning bid

from Piper Sandler & Co and Cantor

Fitzgerald for the 2021 $1,815,000

Refunding Series 2013 Refunding

Improvement Bonds and Resolution

2021-2. Second by Trottier, roll call

vote, Albrecht-yes, Kraft-yes, Bed-

narz – yes, Berg-yes, LaRocque-yes,

Trottier-yes, Lunde-yes, and Longie-

yes. Motion carried.

Bills Paid Since Last Meeting of

2/1/2021: $193,192.28

21181 B & M Laundry Services

$174.32 21182 CO2 Systems Inc.

$632.50 21183 Coffee Cottage Cafe

$68.31 21184 Comfort Inn Bismarck

$172.80 21185 Convention & Visi-

tors Bureau $149.69 21186 Conven-

tion & Visitors Bureau $1,366.03

21187 David Bednarz $72.80 21188

David Wermerskirchen $461.78

21189 Envision $732.64 21190

Hawkins Inc. $2,820.21 21191 Home

of Economy Inc. $59.81 21192

Johnson’s Plumbing $290.88 e-ck

JP Morgan Chase Bank $1,111.33

21193 Kara Harmel $127.50 21194

MARC $1,515.52 21195 Medico

$282.00 21196 NAPA $201.89

21197 ND Dept. of Health-Chemistry

$18.54 21198 ND Telephone Com-

pany $711.63 21199 Northern Plains

Electric Co $2,997.29 21200 Otter

Tail Power Company $11,610.47

21201 Pierce County Tribune

$1,250.26 21202 Railroad Mgmt Co

III, LLC $284.85 21203 Rugby Job

Authority $26,635.06 21204 Rugby

Welding $47.96 21205 Staples

$215.94 21206 TomCo2 Systems

Co $45,771.00 21207 Valli Informa-

tion Systems $645.45 21208 Verizon

Wireless $80.02 e-ck Wex Bank

$538.61 ACH Payroll Checks

$50,900.51 ACH Social Security

$8,020.12 ACH Payroll Taxes

$5,464.99 21209 AFLAC $971.77

ACH NDPERS $375.00 ACH

NDPERS $8,453.52 ACH Sanford

Health / NDPERS $16,083.60 Bills

Submitted for payment 03/01/2021:

$75,784.97 ACH BND $2,061.92

21210 ACME Tools $86.08 21211

Advanced Engineering $14,989.85

21212 Advanced Graphix, Inc.

$350.00 21213 Brad Radomski

$700.00 21214 Brad’s Auto Service

& Towing $762.99 21215 Circle

Sanitation $20,155.00 21216 Core &

Main $2,098.59 21217 Dakota Fence

$2,250.00 21218 Drive Chevrolet

Buick, Rugby $49.97 21219 First

District Health Unit $75.00 21220

Flexible Pipe Tool Company $344.45

21221 H. E. Everson $238.93 21222 Harper Oil Company $1,964.47

21223 Johnson’s Plumbing

$2,020.50 21224 ND Sewage Pump

and Lift $1,576.10 21225 Northern

States Supply $104.28 21226 Petty

Cash $54.88 21227 Pierce County

Auditor $3,412.50 21228 Rebecca

Jordan $170.00 21229 Rugby Fire

Dept. $14,322.46 21230 Rugby

Hardware Hank $1,575.80 21231

Rugby Insurance Agency $5,546.88

21232 Rugby Lumber Inc. $1,035.25

21233 Rugby Service Center

$1,156.99 21234 Rugby Veterinary

Service $244.00 21235 Wangler

Construction LLC $500.00

The bills were reviewed by the coun-

cil. Bills were individually reviewed

by Kraft and Bednarz. There was a

motion by Kraft to approve payment

of the bills as presented. Second by

Bednarz, roll call vote, Albrecht-yes,

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

Berg-yes, LaRocque-yes, Longie,-

yes, and Trottier-yes, motion carried.

Stewart presented the cash report,

revenues to budget and expenditure

to budget reports. There was a mo-

tion by Trottier to approve the finan-

cials as presented. Second by Berg,

roll call vote, Albrecht-yes, Kraft-yes,

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

LaRocque-yes, Longie,-yes, and

Trottier-yes, motion carried.

The council considered the February

2021 Municipal Court Report. There

was a motion by Kraft to approve the

February 2021 Municipal Court Re-

port. Second by Albrecht, all voting

yes, motion carried.

The council reviewed the Conven-

tion & Visitors Bureau meeting

minutes for February 4, 2021, as

well as the financials. Laurie Od-

den, CVB Executive Director, up-

dated the council on the success of

their 50/50 raffle. She explained

they are taking bids to repair the

monument and Northern Lights

Tower. She requested permission

to hang flower planters on city light

poles in the business district. There

was a motion by Bednarz to allow

the CVB to hang flower pots from

the city light poles in downtown.

Second by LaRocque, all voting yes,

motion carried.

Odden updated the council on the

upcoming CVB events. There was a

motion by LaRocque to approve the

CVB February 4, 2021 minutes and

financials as presented. Second by

Trottier, all voting yes, motion car-

ried.

The council reviewed and con-

sidered the JDA January 13, 2021

meeting minutes and financials

presented at the February 10, 2021

JDA meeting. There was a motion

by Albrecht to approve the JDA

January 13, 2021 meeting minutes

and February 10, 2021 financials.

Second by Kraft. Berg questioned if

Steinke was the acting interim JDA

Director. Steinke is not, but has

been assisting as have other board

members to keep operations going

without a director. Steinke called for

a vote. Roll call vote, Albrecht- yes,

Kraft- yes, Berg-yes, Bednarz – yes,

LaRocque-yes, Trottier- yes,

Lunde-yes, Longie-yes, motion car-

ried.

Recreation Committee: Chairman

Berg reported that the American Le-

gion may be having a baseball team

this year. They are currently ad-

vertising for a Recreation Director

and Recreation Manager.

Finance Committee: Albrecht ex-

plained they discussed paying

$20,000 down on the new police

vehicle and taking a loan with Mer-

chants Bank out for the balance.

There was a motion by Albrecht to

take out a loan with Merchants Bank

for $18,893 and pay $20,000 cash

for the new Ford F-150 Pickup for

the police department. Second by

Trottier, roll call vote, Albrecht- yes,

Kraft- yes, Berg-yes, Bednarz – yes,

LaRocque-yes, Trottier- yes,

Lunde-yes, Longie-yes, motion car-

ried.

Ordinance Committee: Chairman

Kraft explained that they had dis-

cussed purchasing policy and are

still doing research on this. He ex-

plained that the Ordinance commit-

tee had received a request to

change ordinance.

Public Works: Chairman Bednarz

explained that the new overhead

garage doors have been installed at

the city shop. Bartsch Electric is

working on wiring the lift stations.

They are currently waiting on parts

that are ordered. They have been

painting in the water plant and the

council chambers have been paint-

ed.

Public Safety Committee: Chairman

Longie reported that they had dis-

cussed feral cat issues. Currently

the ordinance allows for cats or dogs

to be deposited at the veterinary

clinic. They are boarded for three

days and if no one claims them they

are put down. The cost to the city

tax payers per animal is approxi-

mately $120.

Building: Chairman Berg explained

that they had discussed putting the

Armory project on hold. This is due

to the lack of grant funds that were

originally believed to be available.

They will look at breaking the large

project down into smaller projects.

They reviewed an estimate from

Dakota Design Floors to have a

maintenance refinish of the Armory

floor. Steinke reminded the council

that two estimates are required for

purchases over $2,500. Steinke had

instructed Stewart to obtain a

second estimate from the company

that Rugby Public Schools uses for

their gymnasium floor. A formal es-

timate has not been obtained but a

very rough estimate was. The for-

mal estimate will be obtained and

forwarded to the Buildings Commit-

tee. Berg indicated that new win-

dows and increased ventilation are

being looked into for the swimming

pool.

Jim Olson updated the council on

the CO2 tank for the water plant. He

indicated that the tank would be ar-

riving next week and should be set

in place shortly after. Olson has

been in contact with the State Water

Commission to see if REM funds are

available for the CO2 tank replace-

ment. He indicated that they have

been doing some research on

manholes for the 2 ¢ Ave project.

He explained that the national USDA

office must sign off on the funding.

Until then the project is delayed. Ol-

son explained that there is a sewer

line that goes across the ball dia-

monds and an easement for this has

not been located. They will be work-

ing on this. The Comprehensive

Land Use Steering Committee will

meet on March 9 at 2pm. Olson out-

lined the CO2 tank delivery and in-

stallation.

Olson explained that the water plant

would need computer and integra-

tion upgrades. The current system

is running on Windows 7 which is no

longer supported by Microsoft. Win-

dows 10 is the operating system that

would be installed. Steinke remind-

ed the council that when the 2018

Phase II of the water plant upgrade

was complete Windows 10 had

many “bugs” and it was recommend-

ed that we stay with Windows 7. Ol-

son is working on obtaining a

second estimate for this project.

The council conducted the second

reading of Ordinance 431- Chapter

19.28- I-3 Industrial Park District.

There was a motion by Albrecht to

accept the first reading of Ordinance

431- Chapter 19.28- I-3 Industrial

Park District. Second by Kraft, all

voting yes, motion carried.

The Dolly Parton Imagination Library

Month Proclamation was considered

by the council. There was a motion

by Albrecht to approve the Dolly

Parton Imagination Library Month

Proclamation. Second by Berg, all

voting yes, motion carried.

The council considered the National

School Breakfast Week Proclama-

tion. There was a motion by Al-

brecht to approve the National

School Breakfast Week Proclama-

tion. Second by Kraft, all voting yes

motion carried.

The council considered the City

Government Week Proclamation.

There was a motion by Albrecht to

approve the City Government Week

Proclamation. Second by Bednarz,

all voting yes, motion carried.

The council considered a variance

from Elk Creek Capital, LLC. Previ-

ously Elk Creek Capital, LLC., had

applied for a variance for the number

of parking spaces for, the soon to be

constructed, Dollar General. Upon

further research, they found there is

a North Dakota Department of Tran-

sportation easement on their pro-

perty. Because of that easement

they are requesting a reduction from

the previously approved 30 parking

spaces to 27 required parking

spaces. There was a motion by Al-

brecht to approve the variance re-

quest from Elk Creek Captial, LLC.

Second by Kraft, all voting yes, mo-

tion carried.

The council considered waiving the

$70 variance fee for Elk Creek Capi-

tal, LLC. They had previously ap-

plied and paid $70 for their initial

variance. The variance that the

council acted on today was a

change to the initial variance. There

was a motion by Kraft to return the

second $70 variance fee to Elk

Creek Capital, LLC. Second by

LaRocque, all voting yes, motion

carried.

Mia Woodman appeared by phone.

Woodman has requested an ordi-

nance change to allow snakes in the

City of Rugby. Kraft explained that

the Ordinance Committee had dis-

cussed this request. They have for-

ward the topic to the Council, to see

what the feelings of changing the or-

dinance are. The committee did not

want to propose an ordinance

change that would not even be con-

sidered at Council.

Bednarz questioned if the snakes

are kept in a separate container

within the home? Woodman ex-

plained that they live in their own ter-

rarium inside the home. Kraft ex-

plained that the committee had

referenced a Minot City ordinance,

which allowed snakes that were not

venomous and not dangerous.

Attorney Hartl referred to the current

city ordinance regarding keeping of

animals. He asked that if the ordi-

nance is to be revised, that keeping

of rabbits also be allowed in the

community. Kraft explained that the

committee has not prepared an edit

to the ordinance as of yet. They

wished to speak to the council be-

fore beginning to edit the ordinance.

Hartl explained that it may be possi-

ble that the City of Minot had other

resources available to identify and

handle snakes, which Rugby may

not.

Albrecht cited that while Woodman

seems to be very responsible with

her pets, the next resident whom

would have snakes may not be as

responsible.

Trottier suggested that the Ordi-

nance Committee do more research

regarding allowing snakes as pets in

the community. After that research

they may bring a first reading for-

ward to the Council. Steinke ex-

plained that this topic will be sent

back to the Ordinance Committee

for further review.

The council considered Gaming Site

Authorizations for Rugby Amateur

Hockey Association for locations at

Dakota Farms Restaurant & Lounge,

Lee’s Bar and North Side Lounge.

Hartl explained that they are all ap-

propriate for approval. There was a

motion by Berg to approve the Gam-

ing Site Authorizations for Rugby

Amateur Hockey Association for lo-

cations at Dakota Farms Restaurant

& Lounge, Lee’s Bar and North Side

Lounge. Second by Trottier, all vot-

ing yes, motion carried.

The council considered an applica-

tion for local permit for St. Therese

the Little Flower Catholic Church to

allow bingo and Rugby Senior Ci-

tizens to allow bingo. Hartl explained

that both applications were suitable

for approval. There was a motion by

Albrecht to approve local permit for

St. Therese the Little Flower Cathol-

ic Church to allow bingo and Rugby

Senior Citizens to allow bingo.

Second by Kraft, all voting yes, mo-

tion carried.

The council considered a call for

gravel bids. There was a motion by

Trottier to call for gravel bids.

Second by Albrecht, all voting yes,

motion carried.

The council reviewed correspon-

dence from Little Flower School.

There being no further business to

transact or come before the Council

at this time, there was a motion by

Bednarz to adjourn the Council

Meeting. Second by Berg, all voting

yes, motion carried. Meeting ad-

journed at 8:45p.m.

Susan Steinke, Mayor

ATTEST: Jennifer Stewart, City Au-

ditor

APPROVED: April 5, 2021

(April 10, 2021)

SPECIAL RUGBY CITY COUNCIL

MEETING MINUTES

MONDAY, MARCH 1, 2021 6:30PM

CITY ARMORY GYMNASIUM AND

BY GOTOMEETING

Council Members present: Kraft, Al-

brecht, Bednarz, Berg, LaRocque

and Trottier. Council Members

present by GOTOMEETING: Lon-

gie. Also present were Chief of Pol-

ice Rose, Jim Olson, AE2S, Jason

Strand, AE2S, City Auditor Stewart,

Troy Munyer, Street & Sewer Super-

intendent, Greg Boucher, Water

Plant Superintendent.

Mayor Steinke called the meeting to

order at 6:30pm.

Council members recited the Pledge

of Allegiance.

Roll call was taken by Steinke.

Steinke turned the floor over to Da-

vid Holzwarth, Interim General

Manager, Rugby Farmers Elevator,

to explain the 30,000 gallon propane

tank that they wish to install. They

are looking to bury a portion of the

tank, so that only three to four feet of

the tank are exposed above ground.

Holzwarth explained that currently

the elevator has 4, 1,000 gallon pro-

pane tanks onsite to operator their

grain dryers. He explained the

number of times that it was neces-

sary to refill the propane tanks to al-

low the grain dryers to continue to

operate. They wish to remove the 4

tanks and replace with the one

30,000 gallon tank. He indicated

that they used approximately

150,000 gallons of propane last

year. One large tank compared to

the small tanks would mean less

propane fills. Residents questioned

if the elevator would lose money if

they did not install the large propane

tank. Holzwarth explained that the

installation of the 30,000 gallon tank

would make grain drying more effi-

cient.

Keith Dibble, Envision, addressed

the council regarding the number of

times they must fill the small tanks.

This creates a stress on Envisions

ability to supply propane to others

because of the need to continue to

refill the elevators tanks. He also

cited set back requirements from the

residential property that would be

followed.

Community members spoke to the

council and Rugby Farmers Elevator

Board Members about their con-

cerns of the placement of the 30,000

gallon propane tank. The main con-

cern community members had was

what would happen if the tank were

to rupture and become engulfed in

flames.

Mark Koenig, community member,

questioned what if something should

happen? Koenig gave examples of

previous propane explosions that

have occurred in North Dakota. He

explained that his daughter that lived

across the street, from the elevator

property, had a daycare in her

home.

Holzwarth stated having a larger

propane tank is much safer and effi-

cient, due to not having to hook up

to fill the tanks seven times a day as

well as efficiency.

David Kraft, Rugby Farmers Eleva-

tor Board Member, addressed the

council. He explained that the board

believes that the large tank is much

safer than multiple smaller tanks.

He explained that yes, the elevator

is looking to expand their grain dry-

ing capability. They are looking to

handle the grain brought in by local

farmers. They are looking to the fu-

ture not only for the elevator, but for

the community. He explained that

the elevator will spend extra money

to make sure that they are doing all

they can to make this safe for the

community.

David England, community member,

addressed the council and agreed

that hooking up to fill the tanks fewer

times does make it safer. He ex-

plained that connecting to the tanks

multiples times a day creates more

danger. He expressed that the com-

munity was built on agriculture and

still today it is a vital part of the com-

munity.

Bednarz questioned if there had

been a study done to explore the

idea of setting the 30,000 gallon

tank out of town and pipe in the pro-

pane. Halswarth explained that lo-

cating property to do so is difficult.

There are also a lot of different is-

sues with piping in propane too.

One resident expressed concern of

a possibility of a tank explosion

throwing debris up to one and a half

miles away.

Keith Dibble listed a number of safe-

ty features that a 30,000 gallon tank

provides.

Mike Schmaltz, Rugby Farmers

Elevator, questioned how many pro-

pane tanks are located in the city.

The elevator has been informed that

approximately 2 million gallons of

propane are used within the com-

munity.

Hartl explained that Housing and Ur-

ban Development requirements

have changed and that it requires a

300 foot separation from the

residence to the propane tank loca-

tion.

David Kraft explained that the eleva-

tor will do all they can to make the

installation of a 30,000 gallon pro-

pane tank safe for the community.

Trottier explained that he felt both

sides have valid concerns regarding

the 30,000 gallon propane tank. He

questioned if the city required the

Fire Chief to complete a risk

analysis regarding the 30,000 gallon

propane tank. David Schneibel,

former Fire Chief, explained that the

State Fire Marshall would do a site

review, once the elevator forwards

their application to the state. They

must receive city approval to forward

that application.

LaRocque referred to his past occu-

pation Hazmat Training and ex-

plained that one tank instead of mul-

tiple would be much safer.

Albrecht explained that she has

watched the additional elevator silos

be built and lives right across the

street. She also agreed that one

tank would be safer than multiple

tanks.

Berg also commended how much

safer it is to hook up once a week to

fill a large tank instead of multiple

times a day to fill small tanks.

David Kraft explained that ideally

they would use natural gas, if it was

available.

Gary Kraft explained that he agreed

that one tank is safer than multiple

tanks. He cited many safety proto-

cols that would make the risk of

something happening very slim.

There was a motion by LaRocque to

approve the conditional use permit

for Rugby Farmers Elevator.

Second by Gary Kraft, roll call vote,

Albrecht-yes, Kraft-yes, Bednarz-no,

Berg-yes, LaRocque-yes, Trottier-

no, Lunde- no and Longie-

abstained. Motion carried 4-3 with

one not voting.

There being no further business to

transact or come before the Council

at this time, there was a motion by

Trottier to adjourn the Council Meet-

ing. Second by Bednarz, all voting

yes, motion carried. Meeting ad-

journed at 7:38p.m.

Susan Steinke, Mayor

ATTEST: Jennifer Stewart, City Au-

ditor

APPROVED: April 5, 2021

(April 10, 2021)

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