NOTICE

MINOT CITY COUNCIL –

SCHEDULED MEETING – NO-

VEMBER 18, 2019 AT 5:30 P.M.

Members Present: Jantzer, Olson,

Pitner, Podrygula, Sipma, Straight,

Wolsky

Members Absent: None

Mayor Sipma presiding and led the

City Council in the Pledge of Allegi-

ance.

Jantzer moved Pitner seconded and

was carried unanimously toapprove

the minutes of the November 4th

City Council meeting; place and

pass ordinance no. 5426 on second

reading to amend the 2020 annual

budget for the purchase of a street

sweeper;ratify the administratively

approved requests; adopt the 2020

meeting schedule; approve final

payment of $61,757.21 to Bechtold

Paving, Inc. for 2019 Street Patching

Phase 2; grant approval to allocate

funds to purchase an in-car video

system through Axon and approve

the expenditure of money seized or

forfeited to the Minot Police Depart-

ment; adopt resolution no. 3641 con-

firming the City’s role to support

SBPC and their application to the

EPA to conduct assessments on

brownfields in the seven-county area

serviced by SBPC. The City

Manager explained that the resolu-

tion for CRS Open Space Preserva-

tion was not yet ready for Council

approval since staff is still waiting for

approval by the FAA. It was with-

drawn. Olson moved, Pitner second-

ed and after discussion was carried

to place and pass ordinance no.

5425 on second reading to rezone

Blaisdell Bird Addition, Lots 23 & 24,

Block 13 from C1 to R2: roll call

vote: ayes: Jantzer, Olson, Pitner,

Podrygula, Sipma, Straight; nays:

Wolsky. Jantzer moved, Pitner

seconded and after discussion was

carried unanimously to place and

pass ordinance no. 5428 on first

reading to amend the 2019 annual

budget to increase equipment pur-

chases expenditures for the 3rd St

SE & Burdick Expy crosswalk im-

provements which will be funded

with equipment purchase fund cash

reserves. Wolsky asked about the

process taking place for this situa-

tion. He wondered if they delay the

award of bid until after the funding is

secured through the budget amend-

ment. The Finance Director stated,

the correct process would be to

have funding in place prior to award-

ing the bid, however, when the bid

award came before the Council, it

was with a recommendation from

staff to reject the bids so a budget

amendment was not included with

the item. Typically, the budget

amendment would be anticipated

and brought forward at the same

time. There was some discussion at

the last meeting where we would po-

tentially take those funds which was

equipment purchase fund cash

reserves. It is the original funding

source for the local share of the pro-

ject. The account contains savings

from equipment purchases that

came in under budget. Upon further

questioning by Wolsky, Mr. Lakefield

explained, the DOT was advised

that the bid was approved by Coun-

cil. Wolsky said, given the cir-

cumstances since this bid has been

awarded, he will support the budget

amendment, however, he believes

there are alternatives to this kind of

spending. This is a situation where

the City could save money by wait-

ing for the reconstruction project to

take place in the next couple years.

The Main Street Summit reiterated

traffic patterns through temporary

structures which is applicable here.

Straight brought up concerns about

individuals with disabilities and ADA

compliance. He said, he believes the

improvements are necessary. A vote

was taken and carried unanimously.

Olson moved Jantzer seconded to

approve and adopt the 2019 Stan-

dard Specifications and Details for

Construction. Wolsky mentioned that

there may be a change in thinking

regarding the width of residential

streets. He said, Bismarck reduced

the street size and he would be in-

terested in gathering more informa-

tion about their rationale. Wolsky

moved Straight seconded and after

discussion carried unanimously to

refer the Standard Specifications

and Details for Construction back to

staff. Wolsky continued by saying,

the street size has been standard-

ized for a long time but is an oppor-

tunity to be a first mover on the size

of residential lots, development, and

the amount of taxable property.

Given enough time for development,

reducing the size of the street could

lead to lower housing costs, property

tax costs, and smaller streets. The

City Engineer requested clarification,

to which Wolsky said, he would like

to understand what Bismarck decid-

ed on the issue and the rationale

behind their decision. Mr. Meyer

agreed to gather the requested infor-

mation then explained, this specifi-

cation covers everything that’s done

with streets. The width is a big com-

ponent which drives a lot of subdi-

vision design standards. One thing

to keep in mind is that the street

width compounds into other deci-

sions such as how wide we want

boulevards, the amount of runoff cal-

culated for stormwater management,

snow storage, sidewalks and shared

use paths. This document describes

how we build our streets rather than

a policy decision that would dictate

the width of streets. Jantzer asked if

there had been other iterations of

this policy since 2013. Mr. Meyer

said, it used to be revised every

year, however, it has not been re-

viewed since 2013. Subsequently, in

2014 the DOT did a specification

rewrite which the City references.

Staff has tried to update over the

years but it requires focus to review

in its entirety. Upon further question-

ing by Jantzer regarding Federal

and State regulations, Mr. Meyer

said, the City follows Federal guide-

lines on all Federal Aid projects.

There are certain minimum specifi-

cations the DOT adopts. Podrygula

requested that if staff is going to

research what Bismarck does, he

would also like a comparison with

other cities. He emphasized, it does

not need to be an extensive study

but rather a survey of relevant stan-

dards comparing street width. He

would also be interested in the

State, Federal, and professional

opinions of the engineering field. A

vote was taken and carried unani-

mously. RESOLUTION NO. 3642 –

ADOPTING PARKING FEES FOR

PARKING AT CITY OF MINOT

RENAISSANCE AND CENTRAL

PARKING FACILITIES – AP-

PROVED. Jantzer moved Olson

seconded and was carried unani-

mously to adopt resolution no. 3642

formalizing the rates charged at the

Renaissance and Central Parking

Facilities. The Finance Director

came forward with an update on the

parking structures, as requested by

the Council. He said, revenues are

trending slightly ahead of budget

and expenses are slightly below

budget, equating to a small profit for

the parking structures. The operating

budget does not include the capital

projects being done on the roof en-

closures or security improvements.

Things are trending in the right

direction and the property mainte-

nance crews have been performing

regular inspections to ensure proper

maintenance of equipment. He said,

there are currently 47 active passes

at the Renaissance Parking Ramp

and 74 at the Central Ramp. There

have also been inquiries for addi-

tional long-term lease agreements in

the last few weeks. Mayor Sipma

mentioned, there have been re-

quests from parents for special rates

for students at Central Campus.

When they reviewed the rates of-

fered by the City, they were almost

identical as what was suggested by

parents. Wolsky said, he would have

suggested some slight changes to

the hourly rates, particularly, he

would prefer if hours 9 and 10 were

included in the $6.00 rate rather than

$9.00 to accommodate employees

that may stay a little longer than an

eight-hour shift. Because of the chal-

lenges involved with new signage

and adjusting electronics, he recom-

mended looking at that change

when reviewing rates in the future.

He then suggested the parking lot

located at 1st Street and 1st Ave-

nue, leased with SRT be analyzed.

He said, since there has been more

development in that area, there

could be added pressure to open

that parking lot to the public on a

regular basis. The City Manager

responded by saying, those conver-

sations are taking place. SRT has

reached out to the City regarding

covered parking in the ramps so

there will be more information on

that in the future. Straight asked how

much the Parking Authority receives

in exchange for lease of that lot, but

the information was not readily avail-

able at the meeting. He then said, it

might be an opportunity for the City

to promote use of the parking struc-

tures. Wolsky moved Straight

seconded and was carried unani-

mously to approve the Family Re-

creation Addition Developers Agree-

ment with the Minot Park District.

Wolsky pointed out that the agree-

ment requires the Park District, a

taxing entity, build roads to City

specifications. He said, this is an ex-

ample where tax dollars could be

saved if street widths were reduced.

Straight moved, Pitner seconded to

place and pass ordinance no. 5427

on first reading amending Section

5-8 of the City of Minot Code of Or-

dinances to allow on-sale of alcohol

on Thanksgiving Day. Wolsky

moved Podrygula seconded to

amend the motion to modify the

closing times from 1:00 AM to 2:00

AM, in 5-8(a) as provided in a re-

vised document that was distributed

to the Council. Wolsky said, he is

proposing the change so that Minot

will not be more restrictive than

State law. Podrygula commented

that he has concerns for public safe-

ty and he invited the Police Chief to

share his thoughts. Chief Olson

presented some graphs demonstrat-

ing the calls for service year to date.

He said, they changed the shift

schedule to accommodate the in-

crease in calls for service and now

the afternoon shift ends at 2:00 AM.

If this change is approved, there

may be an increase in calls after

bars close. He said, they will contin-

ue to monitor the number of calls

and adjust coverage if necessary.

He also provided graphs depicting

the types of calls, specifically

domestic disturbances and disord-

erly conduct. Podrygula asked if

there’s a discrepancy between the

closing times in neighboring towns.

Chief Olson said he was not aware

of what the ordinances say in Bur-

lington and Surrey but there are

several bars that close at 1:00 AM.

Upon questioning by Mayor Sipma,

Chief Olson said, he reached out to

other cities for their opinions com-

paring a 1:00 AM and 2:00 AM clos-

ing time but he did not get much

feedback. Mayor Sipma said, there

were several business owners who

reached out on both sides of the to-

pic. He reminded the Council that

when the issue failed during previ-

ous meetings, it was the business

owners who were opposed to the

change. He then invited those in at-

tendance to share their comments.

Jon Lakoduk, owner of The Tap

Room and Saul’s, said, changing the

closing time has been requested by

customers. He believes it creates an

anti-competitive business environ-

ment to be more restrictive than the

State. He said that service industry

professionals don’t get a chance to

go out and relax after a shift ends at

11:00 PM or midnight. Allowing bars

to stay open longer would accom-

modate employees who work late.

He explained that he understands

the concerns of the Police Chief

since he worked in the Police

Department as a dispatcher and as

an officer from 2007-2011. He wants

to give an opportunity to

non-traditional service workers to go

out and leave the decision up to

business owners if they want to ex-

tend their hours. Cindy Sessions, of

800 Harmony Street NW, came for-

ward in opposition of the change.

She said, she would like more

specific information from the Police

Chief regarding the types of calls

and how they relate to alcohol con-

sumption. She emphasized the

negative effects of alcohol and re-

quested the Council look into it furth-

er. She also said, it seems hypocriti-

cal to approve a facility for treatment

of addiction, which was approved

earlier in the meeting, while allowing

additional consumption of alcohol.

Sherry McLaughlin, owner of The

Spot, said she would like to have the

option to stay open until 2:00 AM

even though she probably wouldn’t

do it all the time. She said, Minot is

at a disadvantage when it comes to

hosting events and tournaments if

compared to other cities in the state.

She told the Council, closing bars at

1:00 AM does not stop people from

drinking, it only stops them from

drinking at her bar where they serve

responsibly. Jason Huus, from

Broadway Liquor, said he personally

does not want to stay open until 2:00

AM but believes owners should have

the option. He pointed out that since

they are located on Broadway, they

would probably have to stay open in

order to stay competitive with busi-

ness other owners. Pitner said he is

supportive of the change so the

businesses can make the decision.

He pointed out that since the last

time the issue was discussed, there

have been improvements in the

number of ride services and tran-

sportation. Straight said he is sym-

pathetic to Ms. Sessions concerns

but believe they should allow busi-

ness owners to decide. Podrygula

shared his feelings on the issue. On

one hand, ride services have de-

creased the number of DUIs but on

the other hand, alcohol sparks trou-

ble and late calls to the Police

Department are not resolved quickly.

He also mentioned concerns over

peoples sleep cycles after staying

up later. He stated, he is still op-

posed to the motion but suggested

special permits could be used for

certain situations to allow

businesses to be open longer. A

vote was taken on the amendment

by Wolsky, seconded by Straight,

and carried by the following roll call

vote: ayes: Pitner, Sipma, Straight,

Wolsky; nays: Jantzer, Olson, Po-

drygula. Jantzer said he was con-

tacted by constituents on both sides

of the issue but he does not support

the ordinance change. Pitner com-

mented that the average age of the

community is getting younger and

there are many residents who can’t

get home to family for Thanksgiving.

Changing the ordinance will not re-

quire businesses to be open on

Thanksgiving but would give the op-

tion for alternatives for the holiday.

Whereupon a vote was taken on the

above motion by Straight, seconded

by Pitner, as amended and carried

by the following roll call vote: ayes:

Pitner, Sipma, Straight, Wolsky;

nays: Jantzer, Olson, Podrygula. Ol-

son moved the City Council table the

modification to the City Manager’s

employment agreement, for further

input. Brian Billingsley, Community

Development Director, presented in-

formation on the department. He

described the employees that make

up the Planning, Inspections and

Economic Development depart-

ments. He explained their mission

statement, accomplishments, and

goals. Future projects include updat-

ed the Comprehensive Plan, design-

ing the Downtown Gathering Space,

and implementing the Front &

Center Plan. After the presentation,

Mr. Billingsley responded to ques-

tions from the Council. Wolsky men-

tioned the Planning and Zoning Or-

dinance Committee who continue to

work on revisions. The Renaissance

Zone Board is working on the

Development Plan. Ward County

Planning Commission meets on

Thursday. He also mentioned the

Website Refresh Committee that be-

gan meeting this week to update

and simplify the existing website.

Pitner said, the Recruitment Task

Force is wrapping up in the next

couple meetings and will provide a

report to the Council after January.

Olson said the Buy Local Task

Force will have one more meeting

and will bring a recommendation to

the Council in December. The One

Brand project is ahead of schedule

and Odney could present it this year.

The Census Committee approved

their budget and Olson reminded,

there were funds set aside in the

2020 City budget for the census.

She said, she also met with Xcel

who provided an annual update to

the Franchise Committee. Wolsky

asked about the Franchise Commit-

tee and the potential to include

Canadian cable companies. He re-

quested he be notified the next time

the Committee meets so it could be

discussed. Olson said, it was not a

meeting of the Franchise Committee

because most franchises have con-

tracts extending 20 years. It was an

update that Xcel provides as a ser-

vice to the City. She said, if Wolsky

wishes to schedule a meeting of the

Franchise Committee, they can do

so. There being no further business,

Pitner moved Olson seconded and

was carried to adjourn the meeting

at 7:01 pm

APPROVED: Shaun Sipma, Mayor;

ATTEST: Kelly Matalka, City Clerk –

PURSUANT TO NDCC 40-01-09.1,

THESE MINUTES PUBLISHED

SUBJECT TO THE COUNCIL’S RE-

VIEW AND REVISION.

(November 27, 2019)

NOTICE TO CREDITORS

Probate No. 51-2019-PR-00154

IN THE DISTRICT COURT OF

WARD COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of Randall

Lee, Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned have been appoint-

ed co-personal representatives of

the above estate. All persons having

claims against the said deceased

are required to present their claims

within three months after the date of

the first publication or mailing of this

notice or said claims will be forever

barred. Claims must either be

presented to Dustin Lee, Darren

Lee, and Jesse Lee, Co-Personal

Representatives of the estate, at

2525 Elk Drive, P. O. Box 1000,

Minot, ND 58702-1000, or filed with

the Court.

Dated this 15th day of November,

2019.

/s/Dustin Lee

Dustin Lee

/s/Darren Lee

Darren Lee

/s/Jesse Lee

Jesse Lee

Scott M. Knudsvig – #05823

PRINGLE & HERIGSTAD, P. C.

2525 Elk Drive

P. O. Box 1000

Minot, ND 58702-1000

sknudsvig@pringlend.com

Attorney’s for:

Co-Personal Representatives

(November 20-27; December 4,

2019)

PUBLIC NOTICE

Managed by SMC-839-4200

At 9:15 AM on, WEDNESDAY, DE-

CEMBER 4, 2019, items stored by,

Marc Swanson, located in

mini-storage, unit #4 at 3425 N.

Main Street, Minot, ND, will be auc-

tioned tothe highest bidder, all sales

are final, TERMS: CASH ONLY.

(November 20-27, 2019)

PUBLIC NOTICE

Managed by SMC-839-4200

At 9:30 AM on, WEDNESDAY, DE-

CEMBER 4, 2019, items stored by,

Casey Olson, located in

mini-storage, unit #57 at 3600 4th

Street SW, Minot, ND, will be auc-

tioned tothe highest bidder, all sales

are final, TERMS: CASH ONLY.

(November 20-27, 2019)

PUBLIC NOTICE

Managed by SMC-839-4200

At 9:30 AM on, WEDNESDAY,

DECEMBER 4, 2019, items stored

by, Linda Barnes, located in

mini-storage, unit #68 at 3600 4th

Street SW, Minot, ND, will be auc-

tioned tothe highest bidder, all sales

are final, TERMS: CASH ONLY.

(November 20-27, 2019)

SUMMONS

Case No. 51-2019-CV-01842

IN DISTRICT COURT, NORTH

CENTRAL JUDICIAL DISTRICT,

STATE OF NORTH DAKOTA,

COUNTY OF WARD

Prairie Federal Credit Union,

Plaintiff,

vs.

Matt Lundeen, aka Matt T. Lundeen,

aka Matthew Lundeen; Barclays

Bank Delaware; Roger Neubauer;

ProCollect Services, LLC; Minot

Country Club Inc.; the State of North

Dakota acting through the North

Dakota State Tax Department; and

Hilene Inc.,

Defendants.

THE STATE OF NORTH DAKOTA

TO THE ABOVE-NAMED DEFEN-

DANTS:

You are hereby summoned to

answer the Complaint in this action

that is herewith served upon you,

and to serve a copy of your Answer

upon the undersigned within

thirty-six (36) days after the first pub-

lication of this Summons. In case of

your failure to appear or answer, de-

fault judgment will be rendered

against you for the relief demanded

in the Complaint. This action relates

to the foreclosure of a mortgage

upon the following described real

estate located in the County Ward

and State of North Dakota, to-wit:

Lot Thirty-three (33), Block One

(1),

The Bluffs Second Addition to the

City of Minot

Plaintiff is not seeking a personal

judgment against the above-named

defendants.

Dated this 8th day of November,

2019.

CROWLEY FLECK PLLP

Attorneys for Plaintiff

100 West Broadway, Suite 250

Post Office Box 2798

Bismarck, North Dakota 58502-2798

Phone: 701-223-6585

gtschider@crowleyfleck.com

/s/ Gregory W. Tschider, Jr.

GREGORY W. TSCHIDER, JR., ID

#03019

(November 13-20-27, 2019)

SUMMONS

File No. 51-2019-JV-00175

STATE OF NORTH DAKOTA,

COUNTY OF WARD, IN JUVENILE

COURT, NORTH CENTRAL

JUDICIAL DISTRICT

IN THE INTEREST OF D.N.,

MINOR CHILD.

State of North Dakota

Petitioner,

vs.

D.N., child,

Unknown, father,

Respondents.

IN THE STATE OF NORTH DAKO-

TA TO THE ABOVE-NAMED

RESPONDENTS, UNKNOWN, FA-

THER. You are hereby summoned

and required to appear personally

before the Juvenile Court, at its

Chambers, Ward County Court-

house in the City of Minot, in Ward

County and State of North Dakota,

on the 13th day of December, 2019,

at 1:30 o’clock p.m. or as soon

thereafter as the parties can be

heard, for the purpose of a Petition

Hearing. If you fail to appear person-

ally before the Court at said time

and place, or to show good cause

why you cannot do so, the Court will

make such Order as may be ap-

propriate and you may be proceed-

ed against for civil contempt. A copy

of said Summons, Petition and Ord-

er 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 14th day of November,

2019.

/s/Connie S. Portscheller

Connie S. Portscheller

Office Address:

Ward County Courthouse

315 3rd Street SE

Minot, ND 58701

Telephone: (701) 857-6650

(November 20-27; December 4,

2019)