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Legal Notices 1-31

MINOT CITY COUNCIL

SCHEDULED MEETING

JANUARY 21, 2020 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. Straight moved Pitner second-

ed and was carried unanimously to

move the Informational Update and

Presentation on Phase MI-5 of the

MREFPP to the front of the agenda.

Public Works Director Jonasson

came forward with a brief summary

and introduced Jerry Bents of Hous-

ton Engineering to present the up-

date. Bents displayed maps of the

future pending FEMA Regulatory

Floodplain and the phases of the

MREFPP that have been completed

or are in construction. He explained

that the Phase MI-5 will connect the

current phases to remove 60% of

Minot residents from the floodplain.

In April, 2018, the City Council ap-

proved their preferred alignment for

Phase MI-5 which minimized the im-

pact to private property and crossed

rail lines with wall closures. After

coordinating with BNSF, the concep-

tual alignment was modified to ad-

dress BNSF concerns. In areas

where the closure structures were

proposed, BNSF would instead re-

quire the rail line be raised, which in-

cluded reconstructing existing rail

bridges, raising the 3rd Street via-

duct and raising 18,000 feet of track.

It escalated the project costs from

the proposed $47 million to $129

million. They applied for a BUILD

Transportation Grant and were

awarded $18 million but, including

$2 million BNSF would contribute, it

is still not enough to make the pro-

ject viable. Houston Engineering and

SRJB went back to designs to con-

sider alternatives that would reduce

the impact to the railroad and reduce

the cost of the alignment. Bents then

presented the current preferred

alignment which proposes staying to

the north side of the tracks. In order

to do that, they will push Railway

Avenue to the north and need to ac-

quire the first row of properties on

the north side. He displayed images

of the approximate location of the

flood wall and described the plan to

install a detention pond and pump

station. In addition, they proposed

upgrading the pedestrian underpass

on the west end and removing the

pedestrian bridge pushing traffic to

the underpass. On the north side,

there would be two maintenance ac-

cess points and path. This alignment

would include acquisition of 15

homes and 7 businesses and the to-

tal project cost is estimated $75 mil-

lion. He explained that the meeting

tonight is informational and does not

require any action from Council.

There will be a public meeting

February 10th at Roosevelt Elemen-

tary School. Pending public input,

they will refine the alternative con-

cept and bring the alignment to a fu-

ture Council meeting for approval,

tentatively on March 2nd. Once ap-

proved, the project schedule in-

cludes completing the design from

spring 2020 through spring 2021,

and project construction would take

place later in 2021 or 2022. Straight

emphasized that the project escalat-

ed from about $50 million to $129

million as a result of BNSF concerns

but they only offered to contribute $2

million. He said, this is not the City’s

preferred option and the SRJB and

many others have worked tirelessly

to try and protect people’s homes.

He blamed BNSF for requiring the

changes. Mayor Sipma commented

on the significant effort by Senator

Hoeven as well. He said, it is unfor-

tunate that homes need to be ac-

quired especially ones that were not

flooded, but this is the prudent path

forward. Pitner mentioned the need

for partners in the surrounding com-

munities and the need to come to-

gether to overcome the challenges

and unforeseen costs. Wolsky ack-

nowledged that it is not yet approved

by Council and they need to hear

from the community. Council held a

Public hearing to consider a request

to rezone Avery’s Addition, Lot 1

from AG to RA. No one appeared on

behalf of the application. Jantzer

moved Olson seconded and carried

unanimously to close the public

hearing and approve the subdivision

of Outlot 12 and an unplatted portion

of the SW1/4 of the SE1/4, Section

32, Township 155 North, Range 82

West, Ward County to create a one

lot subdivision to be known as

Avery’s Addition, Lot 1; place and

pass ordinance 5444 on first reading

to change the zone from AG to RA

on Avery’s Addition, Lot 1. Council

held a Public Hearing to consider a

request to rezone Ramstad Heights

5th Addition from R-4 to R1S. No

one appeared on behalf of the appli-

cation. Pitner moved Jantzer

seconded and was carried unani-

mously to close the public hearing

and approve subdivision of Lots 10A

thru 18B, Block 6, Statesboro Addi-

tion and the vacated portion of Ko-

diak Street NW to create a nine-lot

subdivision to be known as Ramstad

Heights 5th Addition; place and pass

ordinance 5445 on first reading to

change the zone from R-4 to R1S on

Ramstad Heights 5th Addition.

Council held a Public Hearing to

consider a request to rezone Ram-

stad Heights 6th Addition from R-4

to R1S. No one appeared on behalf

of the application. Olson moved

Straight seconded and was carried

unanimously to close the public

hearing and approve subdivision of

Lots 1A thru 9B, Statesboro Addition

to create a nine-lot subdivision to be

known as Ramstad Heights 6th Ad-

dition; place and pass ordinance

5446 on first reading to change the

zone from R-4 to R1S on Ramstad

Heights 6th Addition. Jantzer moved

Pitner seconded and was carried

unanimously to place and pass the

following ordinances on second

reading: 5437 to amend the 2019

annual budget for the award of the

FY2019 State Homeland Security

Grant, 5438 amending the 2019 an-

nual budget for the award of the

NDDES FY2019 State Homeland

Security Program Grant, 5439 to

amend the 2019 annual budget for

the purchase of an extrication tool

funded by the Safe Community

Grant awarded by Enbridge, 5440

amending the 2019 annual budget

for the Brazos Electronic Ticketing

project, 5441 amending the 2020

annual budget for ATF Joint Law En-

forcement Operations Program,

5442 amending the 2020 annual

budget for the purchase of a crane

truck, 5443 amending the budget to

decrease 2019 Airport capital ex-

penses, Federal, and State revenue

and increase 2020 Airport capital ex-

penses, Federal, and State revenue;

award the bid to Westlie Motor Com-

pany as follows: Property Mainte-

nance 3/4 ton 4×4 extended cab:

$30,149.52, Water Department 3/4

ton 4×4 extended cab w/ service

body: $44,528.52, Water Depart-

ment 1/2 ton 4×4 extended cab:

$29,459.76, Sewer Department 3/4

ton 4×4 extended cab w/ service

body: $44,528.52, Street Depart-

ment (2) 3/4 ton 4×4 extended cab:

$60,299.04, Traffic Department 3/4

ton 4×4 extended cab: $30,149.52;

award the bid to Ryan Chevrolet as

follows: 1/2 ton 4×4 super crew:

$31,406.00, Street Department 1/2

ton 4×4 super crew: $31,406.00;

award the bid to Swanston Equip-

ment for the purchase of a new Bob-

cat skid steer loader for $41,934;

award the bid for the construction

portion of the 2019 Signal Improve-

ment Project to Main Electric Inc. in

the amount of $520,880; place and

pass ordinance 5447 on first reading

to amend the 2020 annual budget

for the purchase of a traffic signal

cabinet, signal replacements, and

battery backups; approve transfer of

the Retail Liquor & Beer license from

EBP, Inc. dba Rooster’s Bar and

Nightclub to Anthony John Barrette

dba The Drop Zone at 101 South

Main Street; approve the job

description for the Engineering

Department’s CAD Technician posi-

tion; approve the Bridge Inspection

and Load Rating Agreement with the

NDDOT to perform bridge inspec-

tions; approve extension of the

Sub-Recipient Agreement with

SBPC to extend to December 31,

2020 to continue support of an ac-

tivity with Allocation #1 CDBG-DR;

authorize the Mayor to sign a joint

letter with the League of Cities and

other ND municipalities on the City’s

behalf regarding a draft of new

federal regulations regarding

changes to sampling procedures of

Lead and Copper. Jantzer moved

Olson seconded and was carried

unanimously to receive and file the

Hazard Mitigation Plan Annual Pro-

gress Report. Olson moved Pitner

seconded and was carried to ap-

prove plans and specifications for

the City Hall Retaining Wall and au-

thorize a call for bids. roll call vote:

ayes: Jantzer, Olson, Pitner, Po-

drygula, Sipma; nays: Straight, Wol-

sky. Olson moved Jantzer seconded

and after discussion was carried

unanimously to accept the

CDBG-NDR timeline serving as ac-

tivity benchmark to assure all funds

are spent by the statutory require-

ment of September 30, 2022. Wol-

sky suggested the Council explore

the potential of a substantial amend-

ment to allocate more funding to-

ward acquisitions as a result of the

Phase MI-5 discussion earlier in the

meeting. Mayor Sipma asked where

the funds should be diverted from, to

which Wolsky responded by saying,

there are areas of the NDR applica-

tion that did not score as favorably in

HUD’s opinion. HUD may be more

amenable to diverting funds from

those projects. Zakian explained that

the timeline allows for those discus-

sions. There currently is no funding

for additional acquisitions but they

have the ability to move 10% of the

award, $7.4 million, within a techni-

cal amendment. As long as they do

not create a new activity, new bene-

ficiaries, or change the national ob-

jective, a substantial amendment

would not be required and the pro-

cess to reallocate funds would only

take about five days. Mayor Sipma

asked how much has been moved

between activities to this point. Zaki-

an responded by saying, they have

moved about $500,000 but it was

only between relocation and acquisi-

tion funds. Upon questioning by

Straight, Zakian said, if they decide

to move more than 10% of the

funds, it would require a waiver and

he does not believe there is much

chance of HUD approving another

waiver for the City. He said, other

grants only allow grantees to move

$1 million. Wolsky asked for a cost

estimate for the acquisitions that

would be required for the change in

Phase MI-5. Zakian stated, some

properties involved are not in city

limits and therefore cannot be ac-

quired using NDR funds. He said

however, the acquisitions would be

much less than $6 million. He said,

he believes they have allocated

funding on all of the acquisitions

they are currently involved but it is

possible they won’t need all of the

money. Until the plan for Phase MI-5

is confirmed, they won’t have a clear

estimate. Straight requested a spe-

cial City Council Meeting to discuss

reallocation of NDR funds. Jantzer

moved Olson seconded and was

carried unanimously to adopt the

Community Engagement Strategy.

Jantzer moved Pitner seconded and

was carried unanimously to place

and pass ordinance 5448 on first

reading modifying approaches from

Yield Control to Stop Control within

the Region VIII Sign Replacement

Area; approve the listed priority of

projects for submittal to the NDDOT

Urban Road Program. Pitner moved

Straight seconded and after discus-

sion carried unanimously to author-

ize City Staff to accept the essential

terms of the contract between Minot

International Airport and Aeroport

Hobby Shoppe and Minot Aviation,

direct City Staff to draft an agree-

ment memorializing these essential

terms; and pending regulatory ap-

proval, authorize the execution of a

Concurrent Use Ground Agreement.

City Attorney Hendershot stated, the

agreement has been finalized and is

pending FAA approval. Wolsky

asked about the previous concerns

of the FAA regarding aeronautical

use. The City Attorney said, they

worked through the issue with the

tenants and there is language in-

cluded in the lease to allow the Air-

port Director to weigh in on ensuring

the aeronautical purpose is met.

Wolsky then asked about an es-

calating scale if the agreement

renews annually. The City Attorney

responded by saying the negotiation

of rent terms are also described in

the lease. City Engineer, Lance

Meyer, said they used the same pro-

cess as in the previous year to com-

pile the CIP. They also included

suggestions from the City Council.

He said it is an ambitious plan in-

cluding projects that total about

$422 million dollars, most of which

can be attributed to Flood Control,

NAWS and City Hall relocation. He

invited the Council and the public to

review the document, found on the

website, and provide feedback.

Straight mentioned his frustration

with BNSF for not providing more

assistance in the escalated costs for

flood control. Aaron Moss,

representing the North Dakota

Fraternal Order of Police, Souris

Valley Regional Lodge #7, stated it

is the 99th anniversary of the most

recent line of duty death in the Minot

Police Department. Officer, Lee S.

Fahler was shot attempting to make

an arrest of a bootlegger on January

20, 1920 and succumbed to his

wounds the following day. Secondly,

he said the Lodge wanted to congra-

tulate Chief Jason Olson for his

leadership and mentorship

throughout his career. Podrygula

mentioned a memorial for fallen off-

icers that he visited in New York City

and said it would be something to

consider in Minot. Officer Moss said,

there is a North Dakota Peace Off-

icers memorial at the Capitol in

Bismarck as well as a memorial for

emergency personnel located at Fire

Station #1. City Manager Barry an-

nounced that the Police Chief posi-

tion has been filled by Captain John

Klug, effective February 1st. He ex-

plained that it was a national recruit-

ment process and there were three

candidates interviewed. There will

be a promotion ceremony during the

February 3rd City Council meeting.

The Assistant Public Works Director,

Jason Sorenson, presented some

options to the City Council to gather

more public input on recycling. He

said, they could include the issue on

a city-wide ballot, they could hold a

city-wide advisory vote, conduct a

statistically valid survey, or use Sur-

vey Monkey. He then described

some of the benefits and concerns

of each approach. Pitner asked how

the statistically valid survey is con-

ducted. Jantzer commented that the

OneBrand survey was done using

various sources including landlines

and cell phones. He said, it would

ensure they are only using qualifying

responses from individuals who

currently participate in sanitation col-

lection. He stated, the ballot ques-

tions have flaws and he is uncom-

fortable using Survey Monkey.

Therefore, Jantzer moved the City

Council proceed with a statistically

valid survey. Motion seconded by

Olson. Straight moved to amend the

motion to authorize a group to inves-

tigate a partnership with Kalix as

well as move forward with single

stream service. Motion seconded by

Podrygula. Upon request for further

clarification, Straight said, he does

not want to lose the opportunity to

partner with Kalix but he will with-

draw the amendment if conversa-

tions on the issue can move forward.

Jantzer said, they have all collected

input but it is polarized and hard to

determine which side is favored. A

survey will provide insight. He said,

he is not against a partnership initia-

tive but does not believe the issues

need to be linked. Mayor Sipma

said, he appreciates the suggestion

but after personally discussing the

idea with the Executive Director of

Kalix and the public, he is hesitant to

create a committee that coincides

with the survey. Straight argued that

it happens too often that we create

something new when it already ex-

ists, such as this case, where the

City wants to build a transfer facility

but Kalix already has a building. He

said, there are many people in Minot

who don’t own homes and don’t par-

ticipate in City sanitation service, but

want an opportunity to recycle. Brad

Magness, Chairman of the North

Dakota Renewable Energy Caucus,

said they have held the position that

recycling should be implemented to

save landfill space. The Council dis-

cussed how they could move for-

ward with a survey while also incor-

porating a partnership with Kalix.

Mayor Sipma invited Borgi Beeler,

Executive Director of Kalix, to share

her thoughts on a potential partner-

ship. Ms. Beeler said, she appreci-

ates the sentiment from the Council

but after 25 years in the recycling

business they have decided not to

continue subsidizing the process.

The path the City has discussed,

single stream collection, is different

from their business model. If the City

decided to change their process,

Kalix would be willing to discuss

ideas. She then said, the decision

has already been made for the busi-

ness and it would be difficult to

change direction. Olson asked

Sorenson about a timeframe for the

survey. Sorenson responded by say-

ing, he could write a scope of work

and gather price estimates within the

next month but he is not sure how

long the actual survey will take. After

continued dialogue on the amend-

ment, Barry asked if there would be

any benefits of additional conversa-

tions since the topic has already

been discussed. Sorenson said,

Kalix may have a facility that can be

retrofit as a transfer facility but mov-

ing forward with a transfer facility

doesn’t make sense if a study finds

that we do not need to pursue recy-

cling. He explained that Kalix can

only process separated recycling

and the City intends to move forward

with single-stream curbside collec-

tion. Barry elaborated by saying, if

the Council wants to continue with

single stream curbside collection,

Kalix cannot accommodate that so

we already know the answer without

additional meetings. If Council de-

cides to move away from curbside

recycling and move to drop off recy-

cling, the opportunity can be dis-

cussed further. He said they need to

be clear what program they are pur-

suing. If the Council continues with

the program that was decided during

the last discussion, then they know

they need a minimum number of

participants for the program to be

cost effective so we can move for-

ward with the statistically valid sur-

vey. The Council discussed whether

a curbside program and an interim

program could both take place.

Jantzer said he does not support

subsidizing the Kalix program using

funds allocated to a transfer facility

as Straight had suggested. He ad-

ded, there is a reason Kalix is get-

ting out of the drop off recycling

business. Ms. Beeler explained that

there is no need to continue the

conversation with Kalix if the City

wants to pursue single stream col-

lection. There are valid reasons for

single stream but Kalix’s business

model is not set up for it. An interim

program wouldn’t work if the City is

not willing to subsidize Kalix and

Kalix is not willing to continue

without a subsidy. Wolsky said he is

not supportive of single stream col-

lection and does not believe it is vi-

able. He said he would like to ex-

plore other programs. He would be

open to subsidize Kalix under their

current model. The Council voted on

the amendment by Straight, second-

ed by Podrygula and failed by the

following roll call vote: ayes: Po-

drygula, Straight, Wolsky; nays:

Jantzer, Olson, Pitner, Sipma.

Whereupon a vote was taken on the

above motion by Jantzer, seconded

by Olson and failed by the following

roll call vote: ayes: Jantzer, Po-

drygula, Sipma; nays: Olson, Pitner,

Straight, Wolsky. Olson moved the

City Council pursue a voluntary sin-

gle stream curbside recycling pro-

gram provided that a survey ensures

the necessary participation rate is

met. Motion seconded by Podrygula.

Sorenson asked if a Survey Monkey

poll would be sufficient to determine

if 4,000 residents are interested in

recycling. Podrygula asked if a sur-

vey could be distributed with the wa-

ter bill. Sorenson responded by say-

ing, a survey was distributed when

the City rolled out automated collec-

tion and only received 2,500

responses so it would not be the

most efficient method. Barry cau-

tioned against using a Survey Mon-

key poll to decide on a $2 million

program. He suggested using a sta-

tistically valid survey as a more

trustworthy source. Upon question-

ing by Wolsky regarding the

minimum number of participants,

Sorenson explained that in his previ-

ous presentation he described a

twenty-year pro forma. Using a 60%

initial opt out rate, he calculated that

4,000 participants would make the

program feasible. The first year is

the most expensive so that would be

the minimum number and then the

model assumes there would be a

conservative increase in participa-

tion each year. Pitner said, the pro-

gram would be subsidized by tax-

payer dollars at the beginning and

he does not believe now is the best

time to initiate recycling. Straight

reiterated his rationale for partnering

with Kalix. He said, if the survey

finds they do not need to pursue re-

cycling, they can reconvene the

Community Development Commit-

tee and allocate those funds toward

Kalix. He supports a voluntary pro-

gram paid for by the participants.

Wolsky said, he would support a

program if the monthly cost would

cover the participants but believes

the startup costs are prohibitive. He

also is not in favor of hauling recycl-

ables to Minneapolis and said it is

not the path for Minot right now. Ol-

son clarified her motion by saying,

the program she proposed aligns

with what was presented by Soren-

son. She is aware of the assump-

tions that were made considering

the one-time opt-out period. She

said, she is initially looking to see if

they are in the ballpark for participa-

tion. It is not anticipated the survey

will contact 4,000 households but if

they can extrapolate data to predict

participation, then the City can con-

tact customers to opt-in or opt-out.

Straight suggested also looking at

tipping fees for third party haulers to

participate in recycling and possible

franchise agreements. Whereupon a

vote was taken on the above motion

by Olson, seconded by Podrygula

and carried by the following roll call

vote: ayes: Jantzer, Olson, Po-

drygula, Straight, Sipma; nays:

Pitner, Wolsky. The Finance Direc-

tor asked for clarification on the

funding for a statistically valid sur-

vey. The City Manager suggested

Department funding be used. City

Engineer, Lance Meyer used an Esri

story map to share interactive data

with the Council. He said, the ma-

terial is available on the City website

Engineering page. He shared infor-

mation on the department’s staff and

activities as well as details on the

Asset Management Program they

are working to implement. Straight

thanked former Mayor Chuck Bar-

ney for his involvement in the IEDC

Stakeholder Committee’s incubator

feasibility study. Wolsky said, the

Planning and Zoning Steering Com-

mittee meets the following day.

There being no further business,

Pitner moved Jantzer seconded and

was carried to adjourn the meeting

at 8:22 pm. APPROVED: Shaun

Sipma, Mayor; ATTEST: Kelly Ma-

talka, City Clerk – PURSUANT TO

NDCC 40-01-09.1, THESE

MINUTES PUBLISHED SUBJECT

TO THE COUNCIL’S REVIEW AND

REVISION.

(January 31, 2020)

NOTICE

First District Health Unit is accepting

bids for a new roof on the former

Easter Seals building located at 800

12th Ave. SW, Minot, ND. Bids must

include shingle replacement and

metal sheet roofing. More details

can be found at www.fdhu.org.

Close of bidding will be March 31st,

2020. For specific bid information

contact Jim Heckman at

701-721-0314, or at First District

Health Unit, 801 11th Ave. SW,

Minot, ND.

(January 27-28-29-30-31; February

1-3-8-10-11-12-13-14-15, 2020)

NOTICE TO CREDITORS

Probate No. 51-2020-PR-00004

IN THE DISTRICT COURT OF

WARD COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

Elvina L. Rockeman, 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 Mark A. Rockeman and

Karl H. Rockeman, 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 20th day of January,

2020.

/s/Mark A. Rockeman

Mark A. Rockeman

/s/Karl H. Rockeman

Karl H. Rockeman

Carol K. Larson – #04406

PRINGLE & HERIGSTAD, P. C.

2525 Elk Drive

P. O. Box 1000

Minot, ND 58702-1000

clarson@pringlend.com

Attorney’s for:

Co-Personal Representatives

(January 24-31; February 7, 2020)

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