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)