City of Surrey Regular Council

Meeting 10/05/2020

Present: C Tollefson, M Thiesen, T

Gantzer, S Fennewald, E Christian-

son, B Dickinson, J Johns. Also

Present: D Fugere, A Trana, AJ

Waller, C Kircher, Attorney Schultz

Regarding the 9/8/2020 minutes,

Christianson pointed out Thiesen’s

vote was missing and asked that it

be added. Discussion on the Ordi-

nance Committee appointments at

last month’s meeting; Tollefson dis-

cussed the minutes of the Sep-

tember 8th meeting pertaining to the

attorney fees for the subpoenas and

the fact that there was no amount in-

cluded. It was determined to be a

total of $5,400 or $900 per person

subpoenaed. Gantzer moved to ap-

prove the minutes of September 8th,

15th and 24th as corrected, Fen-

newald seconded; Gantzer – yes;

Fennewald – yes; Dickinson – yes;

Christianson – yes; Johns – no;

Thiesen – yes; motion carried.

Johns asked about a transfer out

balance on the Cash Report in the

General Fund, Fugere will check on

it tomorrow and get her the answer.

Christianson moved to approve the

payroll and bills, pending the answer

to the question, Gantzer – second-

ed; Christianson – yes; Gantzer –

yes; Dickinson – yes; Fennewald –

yes; Thiesen – yes, motion carried.

Fennewald moved to approve the

financial reports, Christianson

seconded; Fennewald – yes; Chris-

tianson – yes; Gantzer – yes; Dic-

kinson – yes; Thiesen – yes; motion

carried.

Tollefson opened the sealed bids re-

ceived for the Dump Truck: Arnold

Berg – $5,700; Wayne Shipley –

$6,500; J Haas –

$6,100; John Doyle – $5,500. Fen-

newald moved to sell to the high

bidder, Wayne Shipley, Accent

Plumbing for $6,500, Thiesen

seconded; Fennewald – yes;

Thiesen – yes; Gantzer – yes; Johns

– yes; Dickinson – yes; Christianson

– yes, motion carried.

Steve Olson appeared before coun-

cil to discuss his Conditional Use

Permit requesting permission to ap-

prove 3 existing mobile homes, one

of which was updated, and a newer

model was brought in with a permit

from Ward County. Olson reported

Planning & Zoning recommended

approval of the request to council for

action. Excerpt of the Planning &

Zoning minutes motion: Ms. Shaw

moved to provide recommendation

that the city council approve a condi-

tional use permit for the Olson Etal

to allow the existing structures to

remain as is on the property located

at 9560 11th Ave SE Minot with con-

tingency that a building permit be

obtained for the 3 trailer homes, they

meet both Surrey City and ND Build-

ing Code for trailer court standards

and that a certificate of occupancy

be met. Motion 2nd by Mr. Atterton.

Roll call vote: Ms. Shaw-Aye, Mr.

Atterton – Aye, Mr. Nelson – Nay,

motion carried. Olson explained the

original Conditional Use Permit ap-

proved several years ago was to be

updated every 2 years, but it never

was updated which voided the per-

mit and now he is reapplying for the

same thing. Discussion followed.

Johns moved to approve the Plan-

ning & Zoning recommendation; Dic-

kinson seconded. Bob Kraus spoke

against the motion. Fennewald dis-

cussed the work on the pole barn

from 2015. Shaw said it is all

grandfathered in. Thiesen read the

Planning & Zoning motion aloud.

Johns added a 90-day compliance

deadline on all the conditions to her

motion, discussion. Johns amended

the motion to give a deadline of April

30, 2021 to meet all conditions;

Johns – yes; Dickinson – yes;

Thiesen – yes; Gantzer – yes; Fen-

newald – no; Christianson – yes,

motion carried.

Council reviewed revisions to the

Clerk job position suggested by

Fugere as follows:

SPECIFIC DUTIES AND RESPON-

SIBILITIES:

Add:

Run Black Mountain water billing

monthly

Clerk park meetings

Run T-Ball & Pee Wee Ball pro-

grams

Advertise summer employment

positions/set up interviews

Scheduling

Remove:

Issue Building permits

Maintaining Specials Tax Roll

Dickinson moved to approve as

presented, Christianson seconded;

Dickinson – yes; Christianson – yes;

Fennewald – yes; Gantzer – yes;

Thiesen – yes; Johns – yes, motion

carried.

Discussion on changing utility rates

to coincide with the 2021 budget.

Thiesen moved to make the follow-

ing changes effective January 1,

2021: Water Rate: increase from

$6.65 to $7 per 1000 gallons; Vector

Control Rate: decrease from $3.00

to $1.50; Garbage Rate: Decrease

from $18.00 to $16.50/month; Johns

seconded; Thiesen – yes; Johns –

yes; Gantzer – yes; Fennewald –

yes; Christianson -yes; Dickinson

-yes, motion carried.

Council reviewed an email from

AE2S on Sam Lopez’s request to

purchase the property in his back-

yard from the city. The area is a

major drain way designed to provide

the control that is necessary to pro-

tect all of the upstream and down-

stream homeowners and can not be

improved with fences, fill, trees, etc.

that could impede the drainage of

this area unless another extensive

hydraulic analysis was done. They

recommended the city keep the land

and work to maintain the area as it is

a vital area for drainage through the

development. Thiesen moved to fol-

low the recommendations of the city

engineer and retain the property,

Johns seconded; Thiesen – yes;

Johns – yes; Gantzer – yes; Dickin-

son -yes; Christianson – yes; Fen-

newald – yes, motion carried.

Dickinson moved to adjourn.

*These minutes subject to review

and revision by City Council. *

(October 21, 2020)

INVITATION TO BID

PROJECT. Souris Heights

BIDS CLOSE. Tuesday, November

10, 2020, 2 PM

EAPC PROJECT #. 20201550

DATE OF ISSUE. October 14, 2020

BY. EAPC Architects Engineers

300 3rd Ave SW, Suite A

Minot, ND 58701

PHONE: (701) 839 – 4547

OUTLINE OF PROJECT. The pro-

ject is a three-story 54 unit apart-

ment building with two attached one

story parking garages for Beyond

Shelter Inc.. The project located at

the intersection of 35th Avenue NW

and Kodiak Street in Minot, ND, will

be wood framed, with asphalt shin-

gle sloped roof, metal siding and

brick veneer. Interior finishes will be

primarily carpet, luxury vinyl tile,

painted gypsum, and ceramic tile in

locations. The project is federally

funded and part of the NDR pro-

gram.

TYPE OF BIDS. Bids will be re-

ceived from qualified Bidders at the

same time on the following portions

of the work, separately as listed or

combined at the Bidder’s option:

General Contract

Mechanical Contract

Electrical Contract

THE OWNER.

Souris Heights, LLLP

3320 Westrac Dr. S.

Suite G

Fargo, ND 58107

BID PLACE.

EAPC Architects Engineers

300 3rd Avenue SW, Suite A

Minot, ND 58701

Bids received after the designated

time will not be accepted. All in-

terested parties are invited to attend.

Bids will be opened and publicly

read aloud. It is the Bidder’s respon-

sibility to see that mailed or

delivered Bids are in the hands of

the Owner prior to the time of the

Bid opening.

OBTAINING DOCUMENTS. Draw-

ings and Specifications may be ex-

amined at the Architect/Engineer’s

office, and the Owner’s office at the

address shown above and:

QuestCDN (www.questcdn.com)

CMD (Construction Market Data)

Dodge Plan Room and SCAN in

Minneapolis.

Minnesota Builders Exchanges at

Duluth, St. Cloud, Minnesota Build-

ers Exchange in Minneapolis.

North Dakota Builders Exchanges at

Bismarck, Dickinson, Fargo, Grand

Forks, Minot, Williston.

South Dakota Builders Exchanges at

Aberdeen, Plains Builders in Sioux

Falls, Rapid City,

Sioux Falls Builders Exchange.

Montana Builders Exchange at Bil-

lings.

If Contractor receives the bidding

documents from a plans exchange,

it is the Contractors responsibility to

contact EAPC Architects Engineers

to be added to the plan holders list.

Complete digital project bidding do-

cuments are available at

www.questcdn.com. You may

download the digital plan documents

for $15.00 by inputting Quest project

# 7360608 on the website’s Project

Search page. Please contact

QuestCDN.com at 952-233-1632 or

info@questcdn.com for assistance

in free membership registration,

downloading, and working with this

digital project information.

An optional paper set of project do-

cuments is also available for a re-

fundable price of $150 per set from

EAPC Architects Engineers, 300 3rd

Ave SW, Suite A, Minot, ND 58701.

If the Bidder returns the set of docu-

ments, in good condition, within 10

days following the Bid Date, the

deposit will be refunded. If the

Bidder does not return the set of do-

cuments within the designated time,

none of the deposit will be refunded.

Please allow 2 days for printing.

Partial or complete sets of prints and

specifications may be obtained from

EAPC by other than the above. The

sets or partial sets will be distributed

upon receipt of payment for the in-

formation charged at the current

reproduction rate. None of this pay-

ment will be refunded. Complete-

ness and adequacy of the list of do-

cuments requested shall be the

responsibility of the person making

the request.

FEDERAL REGULATIONS. This

contract is Federally assisted. The

Contractor must comply with the

Davis- Bacon Act, the Anti- Kickback

Act, and the Contract Work Hours

Standards. Contracts for work under

this bid will obligate the Contractor

and Subcontractors not to discrim-

inate in employment practices.

Bidders must submit a compliance

report in conformity with the

President’s Executive Order No.

11246.

BID SECURITY. Bid Security in the

amount of five (5%) percent of the

Bid including all add alternates, must

accompany each Bid in accord with

00 1000 – Instructions to Bidders.

Bidders Bond, cashier’s checks or

certified checks will be accepted.

NORTH DAKOTA LAW. All bidders

must be licensed for the highest

amount of their bids, as provided by

North Dakota Century Code Section

43-07-05; and no bid will be read or

considered which does not fully

comply with the above provisions as

to bond and licenses, and any bid

deficient in these respects submitted

will be re-sealed and returned to the

bidder immediately.

BID SUBMISSION: Bids shall be

submitted to the person and place,

and by the time indicated in the In-

structions to Bidders. Bids shall be

packaged in accordance with 00

1000 – Instructions to Bidders.

THE OWNER reserves the right to

waive irregularities, to reject Bids

and to hold all Bids for a period of 30

days after the date fixed for the

opening thereof.

By order of: Dan Madler, CEO

(October 14-21-28, 2020)

NOTICE OF FILING OF

SUMMONS, PETITION AND

HEARING REGARDING

TERMINATION OF RESPONDENT

FATHER’S PARENTAL RIGHTS

AND ADOPTION OF MINOR

CHILD

Case No. 51-2020-DM-00388

STATE OF NORTH DAKOTA,

COUNTY OF WARD, IN DISTRICT

COURT, NORTH CENTRAL

JUDICIAL DISTRICT

In the Adoption of L.D.S, f/k/a B.L.D.

Shaun Cameron Sim,

Petitioner,

vs.

Jamie Lee Sim, f/k/a Jamie Lee

Peters, f/k/a Jamie Lee Sveen,

Mother; Camden James Duncan,

Father; and Christopher D. Jones,

Executive Director, Department of

Human Services,

Respondents.

TO RESPONDENTS: PLEASE

TAKE NOTICE UNDER N.D.C.C.

SECTION 14-15-11:

A Summons and Petition for termi-

nation of parental rights on the part

of Respondent Father and for a De-

cree of Adoption of the above minor

child has been filed in the above

matter. Please contact the under-

signed attorney or the Court if you

have any objections or concerns

within 21 days after publication or

receipt of this Notice. The hearing

has been scheduled in Ward County

District Court, on December 11,

2020 at 1:30 p.m. at the Ward Coun-

ty Courthouse, 315 3rd St SE, Minot,

ND 58701.

Dated this 16th day of October,

2020.

HUMPHREY LAW OFFICE, P. C.

/s/ Bonnie P. Humphrey

Bonnie P. Humphrey, ND ID #04991

Attorney at Law

1344 So. Main. St.

P.O. Box 2045, Minot, ND

58702-2045

(701) 852-5777 Office

bonnie@ndfamilylaw.com

(October 21-28; November 4, 2020)

NOTICE OF HEARING

DRINKING WATER STATE

REVOLVING FUND DRAFT 2021

INTENDED USE PLAN AND

PROJECT PRIORITY LIST

NORTH DAKOTA DEPARTMENT

OF ENVIRONMENTAL QUALITY

Notice is hereby given that the North

Dakota Department of Environmen-

tal Quality (NDDEQ) will hold a pub-

lic hearing at 10:00 a.m. on No-

vember 5, 2020, at the Environ-

mental Training Center, 2639 East

Main Avenue, Bismarck, North

Dakota. Individuals attending in per-

son will be required to submit to

temperature checks, wear masks,

and maintain physical distancing of

six feet from other individuals. Indivi-

duals may also attend remotely by

calling 1-866-497-7490.

The purpose of the hearing will be to

present and receive comments on

the draft 2021 Intended Use Plan

and Project Priority List developed

by the NDDEQ as part of the Drink-

ing Water State Revolving Fund

(DWSRF) program. The Safe Drink-

ing Water Act (SDWA) Amendments

of 1996 authorized a DWSRF to as-

sist public water systems in financ-

ing the costs of infrastructure im-

provements needed to achieve or

maintain SDWA compliance.

All interested parties are invited to

appear and present comments. Ad-

ditionally, written comments may be

submitted to the following address

through November 19, 2020: North

Dakota Department of Environmen-

tal Quality, Division of Municipal Fa-

cilities, 918 East Divide Avenue, 3rd

Floor, Bismarck, ND 58501-1947.

Copies of the Priority List and In-

tended Use Plan may be obtained

by writing the above address or cal-

ling 701-328-5211.

If you plan to attend the public hear-

ing and need special facilities or as-

sistance relating to a disability,

please contact the division at the

above telephone number or address

at least three days prior to the hear-

ing.

Dated this 14th day of October

2020.

David J. Bruschwein, P.E.

Director

Division of Municipal Facilities

(October 21, 2020)

NOTICE TO CONTRACTORS

The North Dakota Department of

Transportation (NDDOT) will receive

bids for the construction of the fol-

lowing project(s):

Job No.: 16

Project No(s).: BRR-0051(053) &

BRO-0051(054)

Length: 0.638

Type: STRUCTURE REPLACE-

MENTS

County(s): WARD Co

Location: 366TH AVE NW, 4.5 MI S

OF KENMARE & 209TH ST NW, 4

MI E AND 3 MI S OF CARPIO;

520TH ST NW, 4.5 MI S OF KEN-

MARE

Job No.: 21

Project No(s).: ROM-0300(144)

Length: 48.393

Type: MINUTEMAN MISSILE COM-

PLEX AGGREGATE SURFACING

County(s): WARD, BOTTINEAU,

MCHENRY, MCLEAN, MOUN-

TRAIL, & RENVILLE Cos

Location: VARIOUS LOCATIONS

Job No.: 26

Project No(s).: NHU-4-002(131)906

& NH-4-002(125)905

Length: 2.314

Type: HMA, MILLING, ADA CURB

RAMPS, SIDEWALK, CURB AND

GUTTER, STRIPING TRAFFIC

SIGNALS & FLASHING BEACON

County(s): WARD Co

Location: MINOT, US 2B FROM

1ST STREET SW TO VALLEY

STREET (BURDICK EXPRESS-

WAY) & US 2B FROM 16TH ST SW

TO S BROADWAY AND 16TH ST

SE TO 27TH ST SE (BURDICK EX-

PRESSWAY)

Job No.: 33

Project No(s).: TAC-0051(031)

Length: 0.420

Type: SIDEWALKS, CURB &

GUTTER, AND INCIDENTALS

County(s): WARD Co

Location: SURREY, 5TH ST SW

FROM 4TH AVE SW TO

PLEASANT AVE S; PLEASANT

AVE S FROM 5TH ST SW TO 3RD

ST SE

Bids will be received via the Bid Ex-

press on-line bidding exchange at

www.bidx.com until 09:30AM, No-

vember 13, 2020. Bids will be

opened at that time at the NDDOT

building on the capitol grounds in

Bismarck and the bid results will be

distributed and posted online at

https://www.dot.nd.gov/business/bidi

nfo.htm approximately 30 minutes

after bids are opened.

The proposal forms, plans, and

specifications are available on the

NDDOT website at

http://www.dot.nd.gov and may be

inspected at the Construction Ser-

vices Division, 608 East Boulevard

Avenue, Bismarck, North Dakota.

All bidders not currently prequalified

with NDDOT must submit an online

Contractor’s Prequalification request

to the Department at least ten (10)

business days prior to the bid open-

ing. The online application can be

found on the NDDOT website at

https://www.dot.nd.gov/business/con

tractors.htm

NDDOT reserves the right to reject

any and all proposals, waive techni-

calities, or to accept such as may be

determined in the best interests of

the state.

For disability/language assistance,

call 701-328-2978.

Requested by:

William T. Panos, Director

North Dakota Department of Tran-

sportation

Requested by:

William T. Panos, Director

North Dakota Department of Tran-

sportation

(October 21, 2020)

NOTICE TO CREDITORS

Probate No. 51-2020-PR-00174

IN THE DISTRICT COURT OF

WARD COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

Gayle Farris Stafford, Deceased.

NOTICE IS HEREBY GIVENthat

Brigitte Funk has been appointed

Personal Representative of the

estate of Gayle Farris Stafford. All

persons having claims against the

decedent are required to present

their claims within three months after

the date of the first publication of this

notice or their claims will be forever

barred. Claims must either be

presented to Brigitte Funk at PO Box

1057, Minot, ND 58702, Personal

Representative of the estate, or filed

with the Court.

Dated this 8th day of October, 2020.

/s/Bridgitte Funk

Bridgitte Funk

Personal Representative

Paul A. Temanson (04468)

Temanson Law Firm

PO Box 1057

Minot, ND 58702

Attorney for the Personal Represen-

tative

(October 14-21-28, 2020)

NOTICE TO CREDITORS

Probate No. 51-2020-PR-00186

IN DISTRICT COURT, WARD

COUNTY, STATE OF NORTH

DAKOTA

In the Matter of the Estate of

Ramona G. Schaan, Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned has been appointed

Personal Representative of the

above estate. All persons having

claims against the deceased are re-

quired to present their claims within

three months, 90 days, after the date

of the first publication or mailing of

this notice or the claims will be for-

ever barred. Claims must either be

presented to Brenda Weber, Per-

sonal Representative of the Estate

of Ramona G. Schaan, in care of

Brian Boppre of Boppre Law Firm,

PLLC, 2151 36th Ave SW, Suite B,

Minot, North Dakota 58701, or filed

with the Court.

Dated this 8th day of October, 2020.

/s/Brenda Weber

Brenda Weber,

Personal Representative

/s/Brian W. Boppre

Brian W. Boppe (ID #07482)

Boppre Law Firm, PLLC

2151 36th Ave SW, Suite B

Minot, ND 58701

701-852-5224

bboppre@bopprelawfirm.com

Attorney for Personal

Representative

(October 14-21-28, 2020)

NOTICE TO CREDITORS

Probate No. 51-2020-PR-00187

IN THE DISTRICT COURT OF

WARD COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

RICHARD NYSTROM, 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 SANDY FLAGSTAD,

Personal Representative of the

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

1000, Minot ND 58702-1000, or filed

with the Court.

Dated this 13th day of October,

2020.

/s/Sandy Flagstad

Sandy Flagstad

Ashley A. Flagstad – #07503

PRINGLE & HERIGSTAD, P.C.

2525 Elk Drive

P.O. Box 1000

Minot, ND 58702-1000

aflagstad@pringlend.com

Attorneys for: Personal

Representative

(October 21-28; November 4, 2020)

SUMMONS

Civil No. 51-2020-CV-01439

STATE OF NORTH DAKOTA,

COUNTY OF WARD, IN DISTRICT

COURT, NORTH CENTRAL

JUDICIAL DISTRICT

ProCollect Services, LLC,

Plaintiff,

vs.

Drew T. Hanson

Defendant.

THE STATE OF NORTH DAKOTA

TO THE ABOVE-NAMED DEFEN-

DANT:

YOU ARE HEREBY SUMMONED

and required to appear and defend

against the Complaint in this action,

which is herewith served upon you,

by serving on the undersigned an

Answer or other proper response

within twenty-one days after service

of this Summons upon you, ex-

clusive of the day of service. If you

fail to do so, judgment by default will

be taken against you for the relief

demanded in the complaint.

Dated October 8, 2020.

/s/Christopher A. Carlson

Chistopher A. Carlson (ID #03378)

PO Box 1097

Bismarck, North Dakota 58502-1097

701-258-4800

carlsonlaw@qwestoffice.net

Attorney for the Plaintiff

(October 14-21-28, 2020)

SUMMONS

CIVIL NUMBER: 51-2020-CV-01280

IN THE STATE OF NORTH

DAKOTA, COUNTY OF WARD

IN THE DISTRICT COURT, NORTH

CENTRAL JUDICIAL DISTRICT

Lakeview Loan Servicing, LLC,

Plaintiff,

v.

Shaun D. Welsch and Heirs and

Devisees of the Estate of Shaun D.

Welsch, and any person in posses-

sion, and all persons unknown,

claiming any estate or interest in, or

lien or encumbrance upon, the real

estate described in the complaint,

Defendants.

1. To the above mentioned Defen-

dants including all persons unk-

nown, claiming any estate or interest

in, or lien or encumbrance upon, the

real estate described in the com-

plaint.

2. You are hereby summoned to ap-

pear and defend against the Com-

plaint in this

action, which has been filed with the

Clerk of Court and is herewith

served upon you, by serving

upon the undersigned a copy of an

Answer or other proper response

within twenty-one (21) days

after the service of this Summons

upon you, exclusive of the day of

service. If you fail to do so,

Judgment by default will be taken

against you for the relief demanded

in the Complaint. The

original Complaint is filed with the

Clerk of the District Court in the

County in which this action

is commenced.

3. This action relates to the foreclo-

sure of a mortgage upon the follow-

ing described real property in the

County of Ward, State of North

Dakota:

Lot 15, Burlington Heights Addition

to the City of Burlington, Ward

County, North Dakota.

Property Address: 102 Soo Street,

Burlington, ND 58722

4. The Plaintiff is not seeking a per-

sonal judgment against the

above-named Defendants.

Date: August 17, 2020

/s/ Benjamin J. Mann

Benjamin J. Mann

376 East 400 South, Suite 300

Salt Lake City, UT 84111

Tel: 801-355-2886

Fax: 801-328-9714

Email: benjamin@hwmlawfirm.com

Bar Number: 08371

HWM: ND10094

(October 7-14-21, 2020)