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tion was withdrawn.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)