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Legal Notices 9-7

NOTICE

Minutes of the Board of Ward

County Commissioners

August 20, 2019

The regular meeting of the Ward

County Commission was called to

order by Chair Weppler at 9:00 AM

with Commissioners Walter, Fjel-

dahl, Rostad, and Pietsch present.

Also present were department

heads Betty Braun, Dana Larsen,

Derrill Fick, Devra Smestad, Ellen

Bjelland, Jason Blowers, John Cros-

by, Kerrianne Boetcher, Leona

Lochthowe, Melissa Bliss, Robin

Finneseth, Roza Larson, Robert

Roed and Jennifer Wiechmann.

Moved by Comm. Pietsch, second-

ed Comm. Walter to approved the

agenda. Roll call; all voted yes; mo-

tion carried. Moved by Comm.

Pietsch, seconded by Comm. Ros-

tad to approve the Minutes for the

Regular Commission meeting on

August 6, 2019. Roll call; all voted

yes; motion carried. Moved by

Comm. Walter, seconded by Comm.

Rostad to approve the regular bills

totaling $287,650.95 and Social Ser-

vice bills totaling $4,495.92. Roll

call; all voted yes; motion carried.

Building inspector, Leo Schmidt ap-

peared requesting approval for a

moving permit application. Moved by

Comm. Walter, seconded by Comm.

Fjeldahl to open the public hearing

regarding the moving permit applica-

tion for Bruce Lampert at 9:09. Roll

call; all voted yes; motion carried.

No one from the public came for-

ward for or against the moving per-

mit. Moved by Comm. Pietsch,

seconded by Comm. Walter close

the public hearing at 9:11 AM. Roll

call; all voted yes; motion carried.

Moved by Comm. Rostad, seconded

by Comm. Walter to approve the

Moving Permit Application for Bruce

Lambert. Roll call; all voted yes; mo-

tion carried. Mike Enslin of Minot ap-

peared before the Commission re-

questing the County considers pav-

ing the unpaved 1100 feet of 20th

Ave SE in Nedrose Township.

Moved by Comm. Fjeldahl, second-

ed by Comm. Pietsch to request

County Engineer Dana Larsen set

up a meeting with all involved enti-

ties; County, City, State Highway,

Township and Water Board to dis-

cuss the paving of 20th Ave SE. Roll

call; all voted yes; motion carried.

Patrick Samson of Ackerman Est-

vold appeared requesting approval

to place a pre-consolidation pile on

Ward County property located at

801 36th St SW, Minot. Moved by

Comm. Walter, seconded by Comm.

Rostad to approve Mr. Samson’s re-

quest. After a brief discussion mo-

tion was withdrawn. Moved by

Comm. Walter, seconded by Comm.

Fjeldahl to table the decision regard-

ing Mr. Samson’s request. Roll call;

all voted yes; motion carried. Myron

Knutson, PFM Financial Advisors

LLC Senior Managing Consultant in-

formed the Commission of their op-

tion to refinance the County’s 2013

& 2015 Bonds. Moved by Comm.

Fjeldahl, seconded by Comm.

Walter to approve refinancing the

County’s 2013 & 2015 bonding be-

ginning in January 2020. Roll call; all

voted yes; motion carried. Moved by

Comm. Fjeldahl, seconded by

Comm. Walter to approve adding a

measure to the June 2020 election

ballot to extend the 1/2 Cent sales

tax. Roll call; all voted yes; motion

carried. Emergency Management

Director Jennifer Wiechmann ap-

peared requesting approval and sig-

nature of the Ward County Court-

house Security Handbook. The

Commission would like a similar

security handbook for the Adminis-

tration Building. Moved by Comm.

Rostad, seconded by Comm.

Pietsch to approve the Ward County

Courthouse Security Handbook. Roll

call; all voted yes; motion carried.

Nancy Simpson, Planning and Zon-

ing Administrator appeared with 2

agenda items for the Commission

approval. The first item on

Memorandum 3 is the approval and

adoption of the 2019 Comprehen-

sive and the repeal of the 1994

Comprehensive plan. Moved by

Comm. Walter, seconded by Comm.

Rostad to approve the approval and

adoption of the 2019 Comprehen-

sive and the repeal of the 1994

Comprehensive plan. Dana Larsen

County Engineer and Joel Quan-

beck KLJ Consultant appeared to

clarify any questions or concerns the

Commission had. During discussion

Comm. Fjeldahl made an Amend-

ment to the motion seconded by

Comm. Pietsch to add to the Plan-

ning and Zoning Bylaws that the

County Commission approves

recommended changes to the Coun-

ty Comprehensive Plan. Roll call on

the Amendment; all voted yes; mo-

tion carried. Roll call on the Amend-

ed Motion; All voted yes, except

Comm. Pietsch who voted no; mo-

tion carried. Ms. Simpson continued

with her second item regarding the

Planning and Zoning Commission’s

recommended update to the Zoning

Ordinance.The text of the recom-

mended amendments is available

for public inspection in the office of

the Ward County Auditor’s Office at

the Ward County Administration

Building, 225 3rd St. SE, Minot, dur-

ing regular business hours.Moved

by Comm. Pietsch, seconded by

Comm. Fjeldahl to approve Zoning

Ordinance Change article 6-First

Reading. Roll call; all voted yes; mo-

tion carried. Moved by Comm.

Walter, seconded Rostad to approve

Zoning Ordinance Change article

24-First Reading. There was a

lengthy discussion regarding this

recommended ordinance change.

Ms. Simpson stated that this recom-

mended change is a stopgap to help

with the large number of variance

applications that are being brought

to the Planning and Zoning Commis-

sion. Comm. Fjeldahl stated that he

will not support this change as it in-

fringes on personal property rights.

Comm. Pietsch asked that if the

recommendation passed, is it an ad-

mission to what happened in the

past was wrong? Comm. Pietsch

continued that he would like to make

an amendment that if the ordinance

passes, it would state that the policy

placed in the past was not right, and

the County took something it

shouldn’t have. If the County is not

going to take land in the future for

townships during the platting pro-

cess, it would show what has taken

place in the past was wrong. State’s

Attorney, Roza Larson advised the

Commission not to pass the amend-

ment further stating that an admis-

sion does not get added to a motion,

especially due to the current litiga-

tion against the County. Comm. Fjel-

dahl seconded the Amendment. The

State’s Attorney was asked if the

amendment needed a vote. She re-

plied it did since there was a

seconded, but recommended de-

feating it. Clarification of the amend-

ment: Comm. Pietsch made an

Amendment to the motion seconded

by Comm. Fjeldahl that since the

Ward County “Dedicate and Donate”

Ordinance has been in effect, the

property that was taken from land

owners, in the past be returned to

the owners as a result of this ordi-

nance. Roll call on the Amendment;

Comm. Fjeldahl and Comm. Pietsch

voted yes, Comm. Rostad, Comm.

Walter and Chair Weppler voted no;

amendment failed. Roll call on the

motion; Comm. Rostad, Comm.

Walter and Chair Weppler voted

yes, Comm. Fjeldahl and Comm.

Pietsch voted no; motion carried.

County Engineer, Dana Larsen ap-

peared with three agenda items. The

first is a request for approval of the

agreement with the US Air Force for

training exercise on County Roads.

Moved by Comm. Walter, seconded

by Comm. Fjeldahl to approve the

US Air Force Agreement for training

exercise on County Roads. Roll call;

all voted yes; motion carried. Mr.

Larsen continued with an update of

the completed Bridge Requiring

Load Limits Posting Sheets. He in-

formed the Commission that in June

the staff visited all structures, both

major and minor bridge structures in

the County. Moved by Comm.

Pietsch, seconded by Comm. Walter

to receive and file the information

provided regarding County Bridges.

Roll call; all voted yes; motion car-

ried. Mr. Larsen final agenda item is

regarding the resignation of the

Planning and Zoning Administrator.

Ms. Simpson’s last day will be Sep-

tember 20, 2019 and he would like

to begin advertising for the position.

Mr. Larsen is requesting permission

to advertise the position with a

salary range of $61,360 to $74,435.

Moved by Comm. Rostad, seconded

by Comm. Walter to approve ad-

vertising for the Planning and Zoning

Administrator position with the salary

range $61,360 to $74,435. Roll call;

all voted yes, except Comm. Walter

who voted no. Robin Finneseth

Huma Resource Director appeared

requesting approval for the following;

L. Coca- Social Services (level 26);

S.Anderson-Social Service (level

21); L.Degele-Social Services (level

16); S.Latendresse-Social Services

(level 21); S.Hammer- Highway

Department (level 22); J.Gonzalez-

State’s Attorney (level 29); R.Little-

Social Services (level 25). Moved by

Comm. Walter, seconded by Comm.

Pietsch to approve the payroll

amendments as presented. Roll call;

all voted yes; motion carried.

Auditor/Treasurer, Devra Smestad

appeared. Moved by Comm.

Pietsch, seconded by Comm. Walter

to receive and file the following

Correspondence: ND Cyber Maturity

Assessment; Trinity

Health-Coroner’s Report; Minot

Chamber of Commerce-Economy at

a Glance; Cloud Modification Con-

tract; Nancy Simpson resignation

letter. Roll call; all voted yes; motion

carried. Moved by Comm. Walter,

seconded by Comm. Rostad to re-

ceive and file monthly reports includ-

ing financials: Library, Recorder,

Sheriff’s Office and Tax Equaliza-

tion. Roll call; all voted yes; motion

carried. Moved by Comm. Pietsch,

seconded by Comm. Fjeldahl to ap-

prove the Duplicate Warrants for

The Attic and D.Miller. Roll call; all

voted yes; motion carried. Ms.

Smestad informed the Commission

that Darin Hanson from the Depart-

ment of Emergency Services will be

visiting the County Buildings on No-

vember 20,2019.Moved by Comm.

Rostad, seconded by Comm. Walter

to approve the raffle permit for St.

Mary’s Church. Roll call; all voted

yes; motion carried. At 11:00 AM

with no further business, the meet-

ing was adjourned.

(September 7, 2019)

NOTICE

The Affordable Housing Developers

(hereinafter, “The Owner”) will re-

ceive sealed bids for the construc-

tion of the Rugby Courtyard Apart-

ments Upgrades located in Rugby,

North Dakota. 1. All bids will be pub-

licly opened and read aloud at the

8-plex Common Room, 307 2nd Ave

NE, Rugby, North Dakota at 2:00

p.m. C.S.T. on September 19, 2019.

All bids received after the scheduled

opening time will be returned to the

bidder unopened. Bidders shall sub-

mit a Single Prime Bid for Construc-

tion. A pre-bid conference will be

held on site at 2:00 p.m. C.S.T. on

September10, 2019. 2. All contrac-

tors desiring to submit a bid may

view and order bid documents by

going to the Franz Reprographics

web site at www.franzrepro.com,

and selecting the Franz Public Plan

Room. Please login with your email

address and password, or Register if

this is your first time in the Plan

Room. Select the project from the

list of public projects. Once you have

selected the project, please review

the Bid Detailsfor information on ord-

ering documents. Contract docu-

ments can be downloaded free of

charge as pdf’s. Hard copy set of

documents can be ordered at Franz

Reprographics standard printing

rates. Contractor’s desiring to be on

the bidder’s list should contact Franz

Reprographics at 763-503-3401 or

can be added after pdf is download-

ed from Franz Public Plan Room

after a free account & password are

set up on the planroom. Drawings

and Specifications will also be on file

at Builders Exchanges in Dickinson,

Bismarck, Mandan, Williston, Fargo,

and Minot, North Dakota; Billings,

Bozeman, Great Falls, Montana;

Minneapolis, Minnesota; Rapid City,

South Dakota; and McGraw Hill

Dodge, Minneapolis, Minnesota; and

Reed Construction Data. 3. Each bid

shall be submitted in duplicate and

enclosed in a sealed opaque en-

velope upon which there is disclosed

the necessary information as re-

quired by the Instructions to Bidders.

Each bid shall be accompanied by a

separatesealed opaque envelope

containing a bidder’s bond made

payable to Affordable Housing

Developers and executed by the

bidder as principal and by a surety

company authorized to do business

in North Dakota, in a sum equal to

five percent (5%) of the bidder’s

highest total bid combination, in-

cluding all add alternates to the bid

items, conditioned that if bidder’s

proposal be accepted and the con-

tract awarded to him, her, within ten

(10) days after notice of such award,

will effect and execute a contract in

accordance with the terms of his bid

and a contractor’s bond as required

by law and the regulations and

determinations of the Owner. AIA

Document A310, Bid Bond, should

be used to execute the bid guaran-

tee. Bidders attention shall be called

to all relevant sections of the North

Dakota State Century Code regulat-

ing submittal of bids for Public Build-

ing Construction. In compliance with

Section 43-07-12 of the North Dako-

ta Century Code, each contractor

submitting a bid must have a copy of

his North Dakota Contractor’s

License or certificate of renewal

thereof issued by the Secretary of

State enclosed in the bid bond en-

velope and must be licensed for the

highest amount of their bid including

add alternates as provided by Sec-

tion 43-07-07 and such license must

have been in effect at least ten (10)

days prior to the date of the bid

opening. This project is covered

under HUD (Housing & Urban

Development) Section 3 rules and

regulations. Civil Rights and Labor

Standards Provisions and Equal Op-

portunity Regulations apply to this

project. The successful bidder will

be required to register with

SAM.govand meet all the require-

ments to do so. Davis-Bacon Wage

Rates apply to this project. Wage

rates will be verified 10 days prior to

bidding and noted by upcoming ad-

denda. No bid will be read or con-

sidered which does not fully comply

with the provisions herein as to

bonds and licenses, and any defi-

cient bid submitted will be resealed

and returned to the bidder immedi-

ately. The Owner reserves the right

to hold all legitimate bids for a period

of forty-five (45) days after the date

fixed for the opening thereof. The

Owner further reserves the right to

reject any and all bids and to waive

irregularities, and shall incur no legal

liability for the payment of any

monies until contract is awarded and

approved by the proper authorities.

The successful bidder will be re-

quired to furnish a

Performance-Payment Bond.

Dated this 24th day of August, 2019.

Andrea Diede

Executive Director AHD

(August 24-31; September 7, 2019)

NOTICE TO BIDDERS

The City Clerk of the City of Minot

will receive sealed bids at her office

at City Hall until 11:00 a.m. on

Thursday, September 19, 2019 for

furnishing the City of Minot the fol-

lowing: “600 Tons of De-Icing Salt.”

Specifications and general instruc-

tions to bidders are available at the

Public Works Building at 1025 31st

St. S.E and on the City website at

www.minotnd.org. The bid envelope

shall be clearly marked: Project

#4230 “Bid for 600 Tons De-Icing

Salt.” The City Council of the City of

Minot reserves the right to reject any

or all bids and to award the contract

as it deems to be in the best interest

of the City of Minot. Each bid must

be accompanied by a bidder’s bond,

cashier’s check, or certified check in

the amount of five percent (5%) of

the bid. Bidders are invited to be

present at the above-mentioned time

and place for the opening of the

bids.

Kelly Matalka

City Clerk

(September 7, 2019)

NOTICE TO BIDDERS

The City Clerk of the City of Minot

will receive sealed bids at her office

at City Hall until 11:00 a.m. on

Thursday, September 19, 2019 for

furnishing the City of Minot the fol-

lowing: “6,000 Tons of Washed

Sand.” Specifications and general

instructions to bidders are available

at the Public Works Building at 1025

31st St. S.E and on the City website

at www.minotnd.org. The bid en-

velope shall be clearly marked: Pro-

ject #4229 “Bid for 6,000 Tons of

Washed Sand.” The City Council of

the City of Minot reserves the right

to reject any or all bids and to award

the contract as it deems to be in the

best interest of the City of Minot.

Each bid must be accompanied by a

bidder’s bond, cashier’s check, or

certified check in the amount of five

percent (5%) of the bid. In addition,

a gradation of the material proposed

to be supplied shall be provided.

Bidders are invited to be present at

the above-mentioned time and place

for the opening of the bids.

Kelly Matalka

City Clerk

(September 7, 2019)

NOTICE TO BIDDERS

The City Clerk of the City of Minot

will receive sealed bids at her office

at City Hall until 11:00 a.m. on

Thursday, September 19, 2019 for

furnishing the City of Minot the fol-

lowing: “Road Grader Cutting

Edges.” Specifications and general

instructions to bidders are available

at the Public Works Building at 1025

31st St. S.E and on the City website

at www.minotnd.org. The bid en-

velope shall be clearly marked: Pro-

ject #4231 “Bid for Road Grader

Cutting Edges.” The City Council of

the City of Minot reserves the right

to reject any or all bids and to award

the contract as it deems to be in the

best interest of the City of Minot.

Each bid must be accompanied by a

bidder’s bond, cashier’s check, or

certified check in the amount of five

percent (5%) of the bid. Bidders are

invited to be present at the

above-mentioned time and place for

the opening of the bids.

Kelly Matalka

City Clerk

(September 7, 2019)

NOTICE TO BIDDERS

The City Clerk of the City of Minot

will receive sealed bids at her office

at City Hall until 11:00 a.m. on Tues-

day, September 24, 2019 for furnish-

ing the City of Minot the following:

“Water and Wastewater Treatment

Chemicals.” Specifications and gen-

eral instructions to bidders are avail-

able at the Public Works Building at

1025 31st St. S.E and on the City

website at www.minotnd.org. The

bid envelope shall be clearly

marked: Project #4232 Bid For Wa-

ter and Wastewater Treatment

Chemicals.” The City Council of the

City of Minot reserves the right to re-

ject any or all bids and to award the

contract as it deems to be in the

best interest of the City of Minot.

Bidders are invited to be present at

the above-mentioned time and place

for the opening of the bids.

Kelly Matalka

City Clerk

(September 7-14, 2019)

NOTICE TO CREDITORS

Probate No. 51-2019-PR-122

IN THE DISTRICT COURT OF

WARD COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

Delores Mattern a/k/a Alice Delores

Mattern, Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned have been ap-

pointed co-personal representatives

of the Estate of Delores Mattern

a/k/a Alice Delores Mattern. All per-

sons having claims against Delores

Mattern a/k/a Alice Delores Mattern

are required to present their claims

within three (3) months after the date

of the first publication of this notice

or said claims will be forever barred.

Claims must either be presented to

Loren Mattern and Dean Mattern,

co-personal representatives of the

estate, at P.O. Box 998, Minot, ND

58702-0998,or filed with the Court.

Dated this 27th day of August, 2019.

Loren Mattern

Co-Personal Representative

Dean Mattern

Co-Personal Representative

Jon W. Backes (ID #05071)

jbackes@mcgeelaw.com

McGEE, HANKLA & BACKES, P.C.

2400 Burdick Expy. E., Suite 100

P.O. Box 998

Minot, ND 58702-0998

(701) 852-2544

Attorneys for Co-Personal

Representatives

(August 31; September 7-14, 2019)

NOTICE TO CREDITORS

Probate No. 51-2017-PR-205

IN THE DISTRICT COURT OF

WARD COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of Karen

M. Testa, Deceased.

NOTICE IS HEREBY GIVEN that

Robert J. Testa has been appointed

personal representative of the Estate

of Karen M. Testa. All persons hav-

ing claims against Karen M. Testa

are required to present their claims

within three (3) months after the date

of the first publication of this notice

or said claims will be forever barred.

Claims must either be presented to

Robert J. Testa, personal represen-

tative of the estate, at P.O. Box 998,

Minot, ND 58702-0998,or filed with

the Court.

Dated this 28th day of August, 2019.

Robert J. Testa

Personal Representative

(September 7-14-21, 2019)

SUMMONS

Civil No. 51-2019-CV-01429

STATE OF NORTH DAKOTA,

COUNTY OF WARD, IN DISTRICT

COURT, NORTH CENTRAL

JUDICIAL DISTRICT

ProCollect Services, LLC,

Plaintiff,

vs.

Austin R. Panteau,

Defendant.

THE STATE OF NORTH DAKOTA

TO THE ABOVE-NAMED DEFEN-

DANT: YOU ARE HEREBY SUM-

MONED and required to appear and

defend against the Complaint in this

action, which is herewith served

upon you, by serving on the the un-

dersigned an Answer or other proper

reponse within twenty-one days after

service of this Summons upon you,

exclusive of the day of service. If

you fail to do so, judgment by default

will be taken against you for the re-

lief demanded in the complaint.

Dated August 21, 2019.

/s/Christopher A. Carlson

Chistopher A. Carlson (ID #03378)

PO Box 1097

Bismarck, North Dakota 58502-1097

701-258-4800

carlsonlaw@qwestoffice.net

Attorney for the Plaintiff

(August 24-31; September 7, 2019)

SUMMONS

File No. 51-2019-JV-00112

STATE OF NORTH DAKOTA,

COUNTY OF WARD, IN JUVENILE

COURT, NORTH CENTRAL

JUDICIAL DISTRICT

IN THE INTEREST OF R.C.,

MINOR CHILD.

State of North Dakota

Petitioner,

vs.

R.C., child

Chelsey Hoffner, mother,

Respondents.

IN THE STATE OF NORTH DAKO-

TA TO THE ABOVE-NAMED

RESPONDENT, CHELSEY

HOFFNER, MOTHER. You are

hereby summoned and required to

appear personally before the Ju-

venile Court, at its Chambers, Ward

County Courthouse in the City of

Minot, in Ward County and State of

North Dakota, on the 26th day of

September, 2019, at 9:00 o’clock

a.m. or as soon thereafter as the

parties can be heard, for the pur-

pose of a Petition Hearing. If you fail

to appear personally before the

Court at said time and place, or to

show good cause why you cannot

do so, the Court will make such Ord-

er as may be appropriate and you

may be proceeded against for civil

contempt. A copy of said Summons,

Petition and Order can be obtained

at the Ward County Juvenile

Supervisor’s office in the Ward

County Courthouse in Minot, North

Dakota.

RIGHT TO COUNCIL

While you are not required to have

the assistance of legal counsel in

this proceeding you are entitled to

such assistance if you so desire. In

accordance with Section 27-20-26,

NDCC, a child subject to proceed-

ings under Chapter 27-20, the Uni-

form Juvenile Court Act, is eligible

for court-appointed counsel if the

child is determined to be needy. A

needy child is one who is unable,

without undue financial hardship, to

provide full payment of legal counsel

and all other necessary expenses

for representation. However, a child

is not considered needy if the child’s

parent or parents can, without undue

financial hardship, provide full pay-

ment for legal counsel and other ex-

penses of representation. You, as a

parent or parents of the child subject

to proceedings identified in the at-

tached Summons, are hereby given

notice of the potential obligation to

pay attorney’s fee, at the attorneys

usual hourly rate if, after the appoint-

ment of counsel by the court, it is

determined that your child is non eli-

gible for court-appointed counsel.

Dated this 27th day of August, 2019.

/s/Connie S. Portscheller

Connie S. Portscheller

Office Address:

Ward County Courthouse

315 3rd Street SE

Minot, ND 58701

Telephone: (701) 857-6650

(August 31; September 7-14, 2019)

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