×

Legal Notices 5-27

MINOT CITY COUNCIL

SCHEDULED MEETING – MAY 18,

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. The Mayor Proclaimed May

17-23 as National Public Works

Week. The Minot Mayor Proclaimed

May 20 as Daycare Appreciation

Day. The City Council held a public

hearing to consider an application to

rezone Ramstad Heights 7th Addi-

tion from R-4 to R1S. No comments

were received. Jantzer moved

Straight seconded and was carried

unanimously to close the public

hearing and approve subdivision of

Lots 8A thru 14B, Block 2, States-

boro Addition to create a seven-lot

subdivision to be known as Ramstad

Heights 7th Addition; place and pass

ordinance no. 5498 on first reading

to change the zone from R-4 to R1S.

The City Council held a public hear-

ing to consider an application to re-

zone Ramstad Heights 8th Addition

from R-4 to R1S. No comments

were received. Straight moved Ol-

son seconded and was carried

unanimously to close the public

hearing and approve the subdivision

of Lots 10A thru 18B, Block 7, Sta-

tesboro Addition to create a nine-lot

subdivision to be known as Ramstad

Heights 8th Addition; place and pass

ordinance no. 5499 on first reading

to rezone Ramstad Heights 8th Ad-

dition from R-4 to R1S. The City

Council held a public hearing to con-

sider an application to rezone Ram-

stad Heights 9th Addition from R-4

to R1S. No comments were re-

ceived. Straight moved Jantzer

seconded and was carried unani-

mously to close the public hearing

and approve the subdivision of Lots

1A thru 13B, Block 8, Statesboro

Addition to create a fourteen-lot sub-

division to be known as Ramstad

Heights 9th Addition; place and pass

ordinance no. 5500 on first reading

to rezone Ramstad Heights 9th Ad-

dition from R-4 to R1S. Jantzer

moved Olson seconded and after

discussion was carried to approve a

subdivision to combine three exist-

ing lots described as Lots 14-16 and

the west 13 feet of Lot 17, Galmac

Subdivision of Elbow Park Manor

Addition to create a one-lot subdivi-

sion to be known as Galmac 2nd

Addition. Roll call vote: ayes:

Jantzer, Olson, Pitner, Podrygula,

Sipma; nays: Straight, Wolsky. Ol-

son moved Jantzer seconded and

was carried unanimously to approve

a subdivision to adjust the lot line

between Lots 5A and 5B, Block 4,

Bluffs 2nd Addition by creating pro-

posed Bluffs 13th Addition, Lots 1A

and 1B. Jantzer moved Olson

seconded and was carried unani-

mously to approve a subdivision to

combine a portion of Lots 6 and 7

and all of Lot 1, Jack’s 4th Addition

to create SRT Addition, Lot 1. SRT

Addition Lot 2 will consist of the

remainder of Lot 6 of Jack’s 3rd Ad-

dition, to be known as SRT Addition,

Lots 1 & 2. Jantzer moved Olson

seconded and after discussion car-

ried unanimously to place and pass

ordinance no. 5501 on first reading

to annex Lot 1 SRT Addition into the

City of Minot corporate limits.

Jantzer moved Olson seconded and

was carried unanimously to approve

the minutes of the April 30, 2020

special City Council meeting and the

May 4, 2020 regular City Council

meeting; place and passordinance

no. 5444 on second reading to

change the zone from AG to RA on

Avery’s Addition, Lot 1; place and

pass ordinance no. 5445 on second

reading to change the zone from R-4

to R1S on Ramstad Heights 5th Ad-

dition. ; place and pass ordinance

no. 5446 on second reading to

change the zone from R-4 to R1S on

Ramstad Heights 6th Addition; ap-

prove final payment of $18,940.41 to

NDDOT for US 83 Bypass 4-Lane

project; authorize payment to Wells

Concrete in the amount of $1,104.11

for materials purchased for the City

Hall Retaining Wall project; approve

the purchase of the OSCR360 cam-

era system from L-Tron Corporation

as a sole source provider of a

360-degree evidence collection

camera; approve the MOU with

WCNTF, authorize the Chief of Pol-

ice to sign the MOU andappoint a

City Council Member to the Execu-

tive Board of the WCNTF; approve

the Airport Lease, T-Hangar

between the City of Minot and Doug

McDonald for T-Hangar No. 2 for

$75.00 per month; grant authoriza-

tion for Substantial Amendments for

CDBG-DR Allocations #1 and #2

submitted to and approved by HUD;

approve revised Amendments to the

Agreements with Beyond Shelter,

Inc. which provided CDBG-DR funds

in support of construction of Cook’s

Court, Fieldcrest and Sunset Ridge

LMI Multi-Family Rental Housing;

approve a sole source procurement

for the purchase of nine Apollo

Video Surveillance Systems and as-

sociated software from Luminator

Technology Group, and allow the

Public Works Director to sign the

purchase order and any other asso-

ciated forms for this purchase. Po-

drygula moved Straight seconded

and after discussion carried unani-

mously to approve the bid from

Landmark Structures in the amount

of $3,967,000.00 for the SW Elevat-

ed Water Tower project, authorize

the Mayor to sign contract docu-

ments for the project, and authorize

the Public Works Director to sign the

Notice to Proceed; place and pass

ordinance no. 5502 onfirst reading

amending the 2020 annual budget

for the award of the Southwest Wa-

ter Tower project. Olson moved

Pitner seconded and after discus-

sion carried unanimously to place

and pass ordinance no. 5503 on first

reading repealing and reenacting

Appendix B (Franchises), Sub-Part

II, Division 2 of the City of Minot

Code of Ordinancesrelating to the

gas distribution franchise for

Montana-Dakota Utilities Co.

Straight moved Olson seconded and

was carried unanimously to approve

the Ramstad Height’s 7th Addition

Developers Agreement with Four

Seasons Construction, Inc. Olson

moved Straight seconded and was

carried unanimously to approve the

Second Amendment to the Services

Agreement with Reser LLC, d/b/a

The Learning Tree; place and pass

ordinance no. 5504 on first reading

amending the 2020 annual budget

for the Emergency Personnel Child-

care Services and approve the use

of Emergency Fund cash reserves.

Renewal of second penny sales tax

was withdrawn from the agenda and

will be considered at a future meet-

ing. Straight moved Pitner seconded

and carried unanimously to approve

a 10 percent monthly salary in-

crease for David Lakefield, effective

April 20, 2020 to assume interim

City Manager duties. Jantzer moved

Olson seconded and after discus-

sion carried unanimously to approve

and authorize the Mayor to sign the

Consulting and Legal Services

Agreement between the City of

Minot and Shane Goettle and contin-

ue the appointments of Shane Goet-

tle and Lacee Anderson as Special

Assistant City Attorneys. Due to the

COVID-19 public health emergency,

in person attendance at the meeting

by the public is not allowed. Com-

ments for Personal Appearances

can be submitted through the City

website but no comments were re-

ceived. Jantzer moved Olson

seconded and after discussion car-

ried unanimously to remove the

6-month reporting requirement from

the current contract with First District

Health Unit. Community and

Economic Development Director,

Brian Billingsley, provided an update

on the 2020 Census. He explained

that their original census strategy

was interrupted due to COVID-19.

He described the goals of the Com-

plete Count Committee as well as

the budget available to accomplish

those goals. The Census timelines

have been extended giving addition-

al time to complete the Census. He

shared graphs depicting the

response rates of various cities

across the state. Census data pro-

vides participation information on

specific census tracts, which allows

staff to target areas for additional ad-

vertising. He explained their plan to

relaunch census activities once they

can safely do so. Mr. Billingsley

demonstrated how to complete the

census and encouraged everyone

who has not yet submitted their

census to go online. He mentioned

that the Census Bureau is still look-

ing for enumerators to go door to

door to complete the census and ap-

plicants can apply online. He con-

cluded by thanking the many groups

and organizations who have helped

the Complete Count Committee.

The Mayor added, not only would

the City receive additional CDBG

grant dollars if we reach a population

of 50,000 but the City would also

meet the benchmark for companies

looking to expand or relocate their

business. Mayor Sipma mentioned

that the COVID-19 Task Force is an-

ticipating reopening offices but is

continuing to watch for State gui-

dance. There may be operational

changes taking place in early June.

Wolsky distributed documents to the

Council explaining two items that he

would like to discuss at the June 1st

meeting. He said he will propose the

Council enter into a sub-recipient

agreement with the Souris River

Joint Board to conduct preliminary

planning and engineering necessary

to advance the Magic City Waterway

concept. He also plans to introduce

a motion to conduct economic

development planning and consult-

ing with Strong Towns. Pitner

brought up the recommendations

from Patricia Monson that were in-

cluded in her investigation report. He

requested the Council take action to

remove the City Attorney and Fi-

nance Director from the oversight of

the City Manager. He also agreed

with her recommendation to have

the Human Resource Director report

to the City Attorney. He said, it

wasn’t the system that failed, so

they don’t need to make huge

changes to the structure but minor

tweaks should ensure the situation

doesn’t happen in the future. He list-

ed other ideas such as having a

Financial Report presented to Coun-

cil on months alternating with the

City Manager Report. He also said,

all employees should report to City

Council and there should not be bar-

riers between communication. The

Mayor responded by saying, there

will be a meeting planned in the next

week or so to go over the organiza-

tion chart. Pitner requested the

change take place before the search

for a new City Manager gets under-

way. The incoming City Manager

needs to know what the structure

looks like from the start. Mr. Lake-

field pointed out that a previous item

regarding the Ward County Narcot-

ics Task Force requires the appoint-

ment of a City Council member.

Pitner volunteered for the appoint-

ment. Straight moved Wolsky

seconded and was carried unani-

mously to appoint Pitner to the

WCNTF for the purpose of approv-

ing the expenditure of asset for-

feiture funds controlled by the

WCNTF. There being no further

business, Pitner moved Jantzer

seconded and was carried to ad-

journ the meeting at 6:42 pm. AP-

PROVED: 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.

(May 27, 2020)

MINOT CITY COUNCIL

SCHEDULED MEETING – MAY 18,

2020 AT 12:00 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. Mayor Sipma stated the next

item on the agenda would be an ex-

ecutive session. The topic of this ex-

ecutive session is City Manager

Contract: Pending Predictable Litiga-

tion – Attorney Consultation and Dis-

cussion of Potential Litigation Stra-

tegy and/or Guidance for Negotia-

tion Strategy/Instructions. The legal

authority for closing this portion of

the meeting is Pursuant to Authority

of N.D.C.C. 44-04-17.1, 19.1, and

19.2. The topic or purpose of this ex-

ecutive session is to seek and re-

ceive legal advice relating to the

contract. Jantzer moved Olson

seconded and was carried unani-

mously to move to an executive ses-

sion. The Mayor then stated the exe-

cutive session will be recorded and

all members of the governing body

are reminded to limit their discussion

during the executive session to the

announced topic. Any collective de-

cision, collective commitment, or

other final action by the governing

body must occur after it reconvenes

in an open meeting, unless final ac-

tion is specifically required by law to

be taken during the executive ses-

sion. The prohibition on taking final

action during the executive session

did not apply to providing guidance

or instructions to our attorney or

negotiator. Mayor Sipma asked the

members of the public attending the

meeting to leave the room. He stat-

ed, the Council anticipated adjourn-

ing the executive session, and

reconvening the open portion of the

meeting at approximately 1:00 pm.

The executive session began at

12:02 pm and was attended by all

members of the City Council, as well

as the Mayor, City Clerk, City Attor-

ney, HR Director, Finance

Director/Acting City Manager, Com-

munications Specialist, and Attorney

Randall Bakke (via telephone). At

1:24 pm, Pitner moved Straight

seconded and was carried unani-

mously to adjourn the executive ses-

sion and return to the regular City

Council meeting. The public was in-

vited to return to the meeting room

with the City Council meeting back

in session. The Mayor announced to

the public that no final determination

was taken during the Executive Ses-

sion. There being no further busi-

ness, Wolsky moved Pitner second-

ed and was carried to adjourn the

meeting at 1:25 pm. APPROVED:

Shaun Sipma, Mayor; ATTEST: Kel-

ly Matalka, City Clerk – PURSUANT

TO NDCC 40-01-09.1, THESE

MINUTES PUBLISHED SUBJECT

TO THE COUNCIL’S REVIEW AND

REVISION.

(May 27, 2020)

NOTICE FOR REAL ESTATE

SALE

CIVIL NO. 51-2018-CV-00573

IN THE STATE OF NORTH

DAKOTA, COUNTY OF WARD, IN

THE DISTRICT COURT, NORTH

CENTRAL JUDICIAL DISTRICT

US Bank Trust National Association

as trustee of the Chalet Series III

Trust,

Plaintiff,

v.

Timothy W. Bauer; Nancy Bauer;

North Dakota Child Support Enforce-

ment Unit; Cynthia L. Weishaar; any

person in possession, and all per-

sons unknown, claiming any estate

or interest in, or lien or encumbrance

upon, the real estate described in

the complaint,

Defendants.

1.Judgment in the amount of

$86,632.55, having been entered in

favor of Plaintiff and against Defen-

dants, which Judgment was filed

with the Clerk of Courts of Ward

County, North Dakota, on December

10, 2019, for the foreclosure of a

real estate mortgage. 2. Notice is

hereby given pursuant to said Judg-

ment that the real property

described in the Mortgage dated Au-

gust 11, 2005, which Mortgagors,

Nancy Bauer, Timothy W. Bauer,

executed and delivered to Mortgage

Electronic Registration Systems,

Inc., as Mortgagee, as Nominee for

Irwin mortgage Corporation, its suc-

cessors and assigns, as:

TOWNSHIP 151 NORTH, RANGE

82 WEST OF THE 5TH P.M. SEC-

TION 8: NE1/4NW1/4SW1/4 WARD

COUNTY, NORTH DAKOTA.

with an address of, 31001 55th

Street Southeast, Max, ND 58759

and recorded in the office of the

Clerk and Recorder of Ward County,

North Dakota, on August 16, 2005,

Instrument Number 2847145. Said

Mortgage was assigned to Plaintiff,

its successors or assigns, by As-

signment of Mortgage recorded

June 20, 2019, Instrument Number

3028952. 3. In order to realize the

amount of $86,632.55, as of De-

cember 10, 2019, plus interest ac-

cruing thereafter on said amount at

the rate of 6.125% per year together

with the costs and expenses of sale,

will be sold subject to redemption as

provided by law as one parcel of

land at public auction, subject to the

lien for unpaid real estate taxes and

assessments of Ward County, North

Dakota, and easements and restric-

tions of record, to the highest bidder

for cash under the direction of the

Sheriff of Ward County, North Dako-

ta, at the main entrance of the Ward

County Courthouse located at 315

SE 3rd Street, Minot, North Dakota

58701, on July 1, 2020 (“Sale

Date”), at 10:00 AM. 4. If the sale is

set aside for reason, the Purchaser

at the sale shall be entitled only to a

return of the deposit paid. The pur-

chaser shall have no further

recourse against the Mortgagor, the

Mortgagee or the Mortgagee’s attor-

ney.

DATED this 19th day of May, 2020.

SHERIFF OF WARD COUNTY

For:/s/Robert Roed

By:/s/Jamie Williams

Sheriff/Deputy Sheriff of Ward

Halliday, Watkins & Mann, P.C.

By:/s/Benjamin J. Mann

Benjamin J. Mann

Attorney for Plaintiff

376 East 400 South, Suite 300

Salt Lake City, UT 84111

Telephone: 801-355-2886

Email: benjamin@hwmlawfirm.com

Bar Number: 08371

(May 27; June 3-10, 2020)

NOTICE TO CREDITORS

Case No. 51-2020-PR-00081

IN THE DISTRICT COURT OF

WARD COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

Kathleen M. Brockey, Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned has been appointed

personal representative of the above

estate. All persons having claims

against the said deceased are re-

quired to present their claims within

three (3) months after the date of the

first publication or mailing of this no-

tice or said claims will be forever

barred. Claims must either be

presented to Lance Brockey, per-

sonal representative of the

above-named estate, in care of

Louser & Zent, P.C., Town & Coun-

try Center, 1015 South Broadway,

Suite 15, Minot, North Dakota

58701, or filed with the Court.

Dated this 15th day of May, 2020.

/s/Lance Brockey

Lance Brockey

615 Colton Avenue #14

Burlington, ND 58722

Diane R. Louser (ID #03882)

LOUSER & ZENT, P.C.

Town & Country Center

1015 South Broadway – Suite 15

Minot, ND 58701

Telephone No. (701) 837-4846

Attorneys for the Personal

Representative

(May 27; June 3-10, 2020)

NOTICE TO CREDITORS

51-2020-PR-00085

IN THE DISTRICT COURT OF

WARD COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

Lawrence J. Whitty, A/K/A Lawrence

Whitty, Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned has been appointed

Co-Personal Representatives of the

above estate. All persons having

claims against the deceased are re-

quired to present their claims within

three months after the date of the

first publication of this notice or said

claims will be forever barred. Claims

must be presented to Larry J. Whitty

or Timothy S. Whitty, in care of Tho-

mas Law Firm, 114 South Main

Street, P.O. Box 2298, Minot, North

Dakota 58702, or filed with the

Court.

Dated this 9th day of April, 2016.

/s/Larry J. Whitty

Larry J. Whitty

/s/Timothy S. Whitty

Timothy S. Whitty

Robert S. Thomas

THOMAS LAW FIRM

114 South Main Street

P.O. Box 2298

Minot, ND 58702

(May 13-20-27, 2020)

NOTICE TO CREDITORS

Probate No. 51-2020-PR-00092

IN THE DISTRICT COURT OF

WARD COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

Alverda Larsen, Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned have been appoint-

ed personal representative 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 DARLENE STEPHAN,

Personal Representative of the

estate, at 2525 Elk Drive, P.O. Box

1000, Minot ND 58702-1000, or filed

with the Court.

Dated this 14th day of May, 2020.

/s/Darlene Stephan

Darlene Stephan

Carol K. Larson – #04406

PRINGLE & HERIGSTAD, P.C.

2525 Elk Drive

P.O. Box 1000

(701)852-0381

clarson@pringlend.com

Attorneys for: Personal Representa-

tive

(May 20-27; June 3, 2020)

NOTICE TO CREDITORS

Probate No. 51-2020-PR-00093

IN THE DISTRICT COURT OF

WARD COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of Scott

Herslip, Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned has been appointed

personal representative of the above

estate. All persons having claims

against the said deceased are re-

quired to present their claims within

three months after the date of the

first publication or mailing of this no-

tice or said claims will be forever

barred. Claims must either be

presented to Kari Herslip, personal

representative of the estate at c/o

Law Office of Diane K. Lautt, PLLC,

PO Box 1945, Minot, North Dakota

58702-1945, or filed with the Court.

Dated this 14th day of May, 2020.

/s/Kari Herslip

Kari Herslip

PO Box 27

Minot, ND 58702

Diane K. Lautt (ID 07243)

Law Office of Diane K. Lautt, PLLC

PO Box 1945

Minot, ND 58702-1945

701-852-3060

diane@lauttlaw.com

Attorney for Personal

Representative

(May 20-27; June 3, 2020)

REQUEST FOR PROPOSALS

THIRD PARTY DEVELOPMENT

OF AN AERONAUTICAL FACILI-

TY MINOT INTERNATIONAL

AIRPORT

The City of Minot (herein after re-

ferred to as “City”) is issuing this Re-

quest for Proposals (“RFP”) for qual-

ified third parties interested in

developing facilities that would serve

as or support aeronautical facilities

on the designated site at the Minot

International Airport (“MOT”).

Desired aeronautical facilities in-

clude, but are not limited to, aircraft

storage hangars, aircraft mainte-

nance facilities, aeronautical

manufacturing facilities, or other re-

lated facilities that are compliant with

all Federal Aviation Administration

(FAA) and Minot International Airport

policies, and support the aviation in-

dustry. Proposers must be capable

of funding, designing, and construct-

ing the proposed facility within the

timeframe identified in the RFP.

Sealed qualification statements shall

be submitted to the following:

Mr. Rick Feltner

Airport Director

Minot International Airport

305 Airport Rd.

Minot, ND 58703

Qualification statements must be re-

ceived on or before June 23, 2020at

4:00PM CST. There will be no public

opening of the statements received.

All submissions must be submitted

electronically to: Rick Feltner:

rick.feltner@minotnd.org. Any sub-

missions received after the time and

date stated above will be returned

considered as non-responsive. The

recommendation for award will be

taken to the City Council in July

2020. For the full Request for Propo-

sals document and other additional

information, please visit the City of

Minot’s website at www.minotnd.org.

(May 20-27, 2020)

School Annexation Hearing

Notice is given that a public hearing

will be held by the Ward County

School District Reorganization Com-

mittee, Wednesday, June 17th, 2020

at 1:00 PM in the Commissioners’

Chambers, Ward County Adminis-

tration Building, Minot, North Dako-

ta, for the purpose of considering a

petition for annexing a territory to

South Prairie School District from

the Minot School District. Both

School Districts are located primarily

in Ward County. The Petition

describes the territory to be annexed

as the following:

Section 19: Out lot 2 of the

Southwest 1/4 of the Southwest 1/4 of

Sundre Township 154 North, Range

82 West of Ward County, North

Dakota

This hearing is held in accordance

with the North Dakota Century

School Code Chapter 15.1-12 and

by order of the Ward School District

Reorganization Committee. Jodi

Johnson, Ward County Superinten-

dent of Schools. Submitted for publi-

cation on May 20th, 2020 in Ward

County, North Dakota.

(May 27, 2020)

Newsletter

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)