Legal Notices 1-5
MINOT CITY COUNCIL
SCHEDULED MEETING
DECEMBER 21, 2020 AT 5:30 P.M.
Members Present: Evans, Jantzer,
Olson, Pitner, Podrygula, Ross, Sip-
ma
Members Absent: None
Mayor Sipma presiding and led the
City Council in the Pledge of Allegi-
ance
Following the Pledge of Allegiance,
the Mayor announced that Congress
passed the year-end funding bill au-
thorizing federal funding for Phase 4
of the Mouse River Enhanced Flood
Protection Project. He thanked Se-
nator Hoeven and the rest of the
Congressional delegation as well as
City staff who worked to secure the
funding. He said they also approved
a one-year extension for the Nation-
al Disaster Resiliency grant, adjust-
ing the deadline to September 2023.
He thanked Congressional staff, par-
ticularly Senator Hoeven, for all of
their effort and emphasized the im-
pact to Minot and the region.
Olson moved Ross seconded and
was carried unanimously to approve
the minutes of the December 7,
2020 regular City Council meeting;
place and pass ordinance 5544 on
second reading to change the zone
from AG to P on NE 1/4 NE 1/4 of
Section 10-154N-83W; place and
pass ordinance 5549 on second
reading to change the zone from C1
to R1 on Mellum’s Second Addition,
Lots 1 & 2; place and pass ordi-
nance 5550 on second reading to
amend the 2021 annual budget for
the FY2021 grant award from the
U.S. Department Of Justice’s JAG
program for the Domestic Violence
Crisis Center; place and pass ordi-
nance 5551 on second reading to
amend the 2020 annual budget for
the grant award from the U.S.
Department of Defense’s Defense
Community Infrastructure Pilot Pro-
gram to the Magic City Discovery
Center; place and pass ordinance
5552 on second reading to amend
the 2020 annual budget for the
FY20-21 Traffic Safety grants
awarded by the NDDOT; place and
pass ordinance 5553 on second
reading for homeowner sprinkler
repairs required for 31st Ave SE
reconstruction and approve the
transfer from Highway Reserves/
Capital Infrastructure to General
Fund; place and pass ordinance
5554 on second reading to amend
the 2020 annual airport budget to in-
crease the Airport capital expenses
for additional costs for the wetland
delineation and culture report; place
and pass ordinance 5555 on second
reading to amend the 2020 annual
for the purchase of an integration
software to be use with the citywide
asset management software; place
and pass ordinance 5556 on second
reading to amend the 2020 annual
budget to increase the sales tax im-
provement and engineering plans,
designs, and reviews expenditures
using sales tax improvement cash
reserves; place and pass ordinance
5557 on second reading to amend
the 2021 annual budget for the addi-
tional full-time position in the City
Attorney’s Office; ratify the adminis-
tratively approved requests; approve
the 2020 Interest Distribution sheet;
approve final payment of $2,323 to
Hanson’s Excavating, Inc. for the
2019-2020 Nuisance Abatement
project; approve final payment of
$27,904.38 to Keller Paving &
Landscaping, Inc. for the 2020 Side-
walk, Curb, and Gutter Replacement
project; approve final payment of
$50,016.28 to Keller Paving &
Landscaping, Inc. for 2020 Street
Patching Phase 1; place and pass
ordinance 5558 on first reading
amending the 2020 annual budget
for the Storm Sewer District #123
watermain replacement portion;
place and pass ordinance 5559 on
first reading amending the 2020 an-
nual budget to increase the Fire
department operation supplies reve-
nues and expenditures for the dona-
tions funding from local businesses
to be used to purchase exercise
equipment; grant approval to allow
the police department to hire 4 off-
icers and exceed the allocated
number of sworn officers budgeted
for the department in 2021; approve
the gaming site authorization for
NDAD to install electronic pull tabs
at The Drop Zone; approve the al-
coholic beverage license renewals
for the period of January 1, 2021
through December 31, 2021 for all
applicants who have submitted all
application materials and passed
background checks and inspections;
receive and file the Ward County,
ND Hazard Mitigation Plan Annual
Progress Report; appoint Planning
Commissioners to align with the pro-
posed expiration dates as provided
in Attachment ‘A’; approve the con-
tract in the amount of $327.356 with
Houston Engineering for design, wa-
ter model update and construction
services for Broadway water main
from 19th Avenue to 36th Avenue;
approve the task order, in the
amount of $75,000, with Apex En-
gineering to conduct a seepage
study of the existing lagoon ponds.
Podrygula moved Evans seconded
and after discussion, carried unani-
mously to approve the contract in
the amount of $30,000 with Houston
Engineering for yearly water model
update and flow analysis assistance
of the Minot water system.
Podrygula raised concerns about
water quality issues that were
brought to his attention by a
resident. He said City staff had been
helpful regarding the issue but it
raises a larger systemic problem
with water related issues. He won-
dered if the study could include the
engineer’s opinion of water quality
and problem areas. He specified
that the area he was referring to is
near the location of the new Fire
Station on 25th Street NW, between
2nd and 4th Avenue. He said it is
important to identify the problem
areas and get some idea of how
long it may take to fix some of the
deferred maintenance.
Public Works Director Jonasson ex-
plained that the information is al-
ready available. As new issues pop
up, they flush the surrounding area
right away. He said the problem is
that there are areas with old six-inch
cast iron pipe that needs replaced. It
is an ongoing situation hey have
dealt with for years since cast iron
pipe was used until the 1970’s. He
said, they plan to address the issues
but there are 86 miles of cast iron
pipeline to replace throughout Minot
so it could take several years.
Podrygula said the Council may
need to allocate more funding and
resources to address the problem
and consider it a higher priority.
Lisa Clute, Director of First District
Health Unit, provided the latest CO-
VID statistics available for Ward
County. She said, the 14-day posi-
tivity rate is 36.3 per 10,000 which is
in the orange risk category. The
demand for tests has decreased but
they are still available, including ra-
pid testing at Minot Public Schools.
The positivity rate has substantially
improved to 7.7% which is in the
moderate risk category. She
thanked the community for following
the recommendations set by the
CDC and the Governor to help drive
the numbers down. She said they
continue to monitor hospital capacity
which is currently tight but still avail-
able. Ms. Clute reiterated the impor-
tance of continuing the mitigation
strategies to keep moving in the
right direction.
She then provided an update on
vaccinations by saying, the Pfizer
vaccine has been utilized by hospi-
tals and their employees. The
Moderna vaccine was approved and
is coming to First District Health Unit
to be given to emergency
responders and those identified as
priority 1. A shipment of the Moder-
na vaccine will be delivered the
week of December 28th and the
week of January 4th and are going
to long-term care facilities. Out of
the 210 doses that will be allocated,
the first 30 will go to the vaccinators.
The next shipment will be the week
of January 11th and will go to Minot
Fire Department and Police Depart-
ment as well as Trinity Ambulance.
She then cautioned that the Moder-
na vaccine is for individuals over 18
and there have been instances of
anaphylactic reactions. They will
proceed with caution and will not ad-
vise the Moderna vaccine for people
with a history of allergic reactions.
She concluded by describing the
Federal recommendations for priori-
tizing vaccination categories but said
they are still waiting for State-level
recommendations.
The City Council held an Abatement
Hearing to consider a request by
Hudye Group, LP for a reduction in
the 2018 True and Full Valuation for
92 vacant lot parcels in Prairie Wynd
Fourth & Fifth Additions. The City
Assessor recommends denial of all
2018 abatement requests.
City Assessor, Ryan Kamrowski ex-
plained that property owners have
the right to appeal through a formal
abatement according to the North
Dakota Century Code. The applica-
tions for property abatement for the
tax year of 2018 were not filed in ac-
cordance to North Dakota Century
Code, therefore denial is the only
applicable decision the City Council
has for the 2018 abatements. He
stated, the application for abatement
must be filed with the County
Auditor’s Office on or before No-
vember 1st of the year following the
year of which the tax had become
delinquent. The applications were
filed with the County Auditor No-
vember 20, 2020, therefore there is
no action other than denial for the
2018 abatement.
Evans moved Jantzer seconded and
after discussion was carried unani-
mously to deny all 2018 abatement
requests by Hudye Group, LP.
Ben Hudye, Chairman and President
of Hudye Group, LP, came before
the Council and said they have been
addressing the issue since 2016.
They met with City staff in August,
2020 to work toward a solution for
an amicable agreement. He stated,
they purchased Prairie Wynd in
2011 and their taxes were about
$252 per acre for 95 acres of agri-
cultural land. Over the next eight
years, the rate went up to $2,835 per
acre which is over 1000% increase.
Since 2012, including 2020, they
have been billed and paid $1.7 mil-
lion in taxes and special assess-
ments on 95 acres. He said, it is
agricultural ground which grows al-
falfa and is leased to a local produc-
er for $45 an acre. He stated that in
their meeting in August, they were
told by Damon Druse, from the City
Assessor’s Office, that he would do
a site visit to confirm whether any
improvements had been made and
he would get back to them with a
proposed valuation. Mr. Druse pro-
vided them with the abatement
forms but they did not receive any
revised numbers. Mr. Hudye con-
firmed that they mailed the applica-
tions October 28th but due to a
storm and because offices are
closed on Sunday, it was not
delivered until Monday, November
2nd. He then received a response
from the City Assessor November
12th. Mr. Hudye requested the
Council allow them to address the
applications from 2018 and 2019.
Evans pointed out that the informa-
tion provided by Hudye Group in-
cludes a receipt stating the applica-
tion was received by the Ward
County Auditor November 20th. She
asked if there is proof the package
was received by the deadline of No-
vember 1st.
Rick McCann, a representative from
Hudye Group, said there is a receipt
that the City Assessor received the
abatement documents November
2nd.
Pitner asked why they waited until
the last day to mail the applications
when they were aware the deadline
was November 1st.
Mr. Hudye said they had met with
Damon in the City Assessor’s Office
who wanted to deal with it internally
and they were waiting for informa-
tion from the Assessor’s Depart-
ment.
Pitner then asked what zoning the
property is designated and if any im-
provements have been made, to
which Mr. Hudye explained, the land
is used for Agricultural use and there
have been no improvements other
than a special assessment for a
street in front of Ramstad School.
Mr. Kamrowski clarified, the proper-
ties are zoned M1, Light Industrial
and R4, Planned Residential. He
then said, he sent an email to Mr.
Hudye October 26th, 2020 where he
provided his recommendations
2018, 2019, and 2020. He reiterated
that the application was received at
the City Assessor’s Office, not the
County Auditor’s, on November 2nd.
He further explained, he would re-
view the 2018 with the property own-
er but there is no legal standing for
the City or the County to hear the
2018 abatements.
Pitner asked if properties are taxed
based upon zoning or by use.
Mr. Kamrowski said, as appraisers
and assessors they look at the
highest and best use of the property.
They take zoning, use, overall mark-
et, and comparable sales into their
overall analysis. He confirmed that
since it is M1 zoning, it would be
held to the M1 standard, not Agricul-
tural.
Evans pointed out that the applica-
tion was not sent to the Ward Coun-
ty Auditor’s Office by the deadline as
required by Century Code. There is
no exception for snowstorms or in-
correct addresses.
Pitner asked if an appeal could be
filed while discussion continues re-
garding valuation. Mr. Kamrowski
said, yes, there are emails included
in the documentation provided to
Council. The applicants have two
years to file the request and they
can continue to gather information.
As a City and as a County they have
no ramification to hear this abate-
ment since it was not received by
the deadline.
The Mayor reminded the representa-
tives from Hudye Group, LP that
after the City Council votes on the
issue, they have an opportunity to
appeal the request to the County.
Whereupon a vote was taken on the
above motion by Evans, seconded
by Jantzer and carried by the follow-
ing roll call vote: ayes: Evans,
Jantzer, Olson, Pitner, Podrygula,
Ross, Sipma; nays: none.
The City Council held an Abatement
Hearing to consider a request by
Hudye Group, LP for a reduction in
the 2019 True and Full Valuation for
92 vacant lot parcels in Prairie Wynd
Fourth & Fifth Additions. The City
Assessor recommends partial ap-
proval of the abatement request for
Residential and Light Industrial
zoned lots.
City Assessor, Ryan Kamrowski, ex-
plained that he recommends a par-
tial reduction in the 2019 true and
full value as described in the docu-
mentation provided to the Council.
Rick McCann, representing Hudye
Group, LP, read a statement in sup-
port of their application. He provided
documents to the Council and
described several comparable pro-
perties which they felt better
represented the value of the proper-
ty. He said the vacant agricultural
land use does not warrant the
amount of taxation.
Mayor Sipma asked if the compar-
ables were located within City limits,
to which Mr. McCann said, they
used close proximity, zoning and
size to compare properties.
Mr. Kamrowski said he recommends
denial of the abatement request
since they are asking for a property
value less than market value. He
continued by saying, it is the
Assessor’s opinion that the highest
and best use for the property is as
Residential and Commercial proper-
ty, as applicable. His recommenda-
tion for Prairie Wynd fourth Addition
is a value of $1.50/square foot and
Prairie Wynd fifth Addition a value of
$1.00/square foot. He said, in their
analysis of the 2019 valuations, they
pulled comparable sales and com-
parable assessments to ensure they
are equalized across all assess-
ments. He explained the comparable
sales they used and why the
applicant’s comparable sales were
not valid. He then stated, the
applicant’s entire property is listed
for sale for $18.6 million but they re-
quested a valuation reduction in the
amount of $364,000.
Upon further questioning, Mr. Kam-
rowski said, all of the properties
used as comparables are un-
developed, have the same zoning,
and have no improvements.
Jantzer moved Pitner seconded and
was carried unanimously to accept
the recommendation by the City As-
sessor for partial approval of the
abatement request for Residential
and Light Industrial zoned lots.
The City Council held a public hear-
ing to consider input on the City’s
policy regarding special assess-
ments. No one appeared to submit
public comment.
Pitner moved Olson seconded and
was carried unanimously to close
the public hearing and adopt the up-
dates to the City’s special assess-
ment policy.
Pitner moved Olson seconded and
after discussion was carried unani-
mously to approve an Enterprise
Agreement with Minot Convention
and Visitors Bureau, Inc; place and
pass ordinance 5560 on first reading
to amend the 2021 annual budget to
increase the Sales Tax Economic
Development expenditures for the
Tourism Recovery and Resilience
Project.
Stephanie Schoenrock, Executive
Director of Visit Minot, said they
worked closely with City staff to
develop measurable outcomes for
the project. She intends to come
back to City Council in February to
show how the recruitment fund
would be allocated. The agreement
includes the framework but there will
be more detail added later. She ex-
plained that they are committed to
providing a 10-million-dollar impact
over three years.
Ross raised concerns about giving
an entity money before asking for
benchmarks. He said the plan is too
vague and they need regular reports
to determine success. He moved the
City Council table the Agreement
until further information is provided.
City Attorney Hendershot stated,
there will be two reports to the City
Council each year. There are also
specific requirements for events that
are built into the agreement. The
funding is set up for the three com-
ponents Ms. Schoenrock described,
including development of the three
components. As an Enterprise
Agreement, there are requirements
for the City to have a public purpose,
specific goals, and oversight by the
City which is why they worked in an
approval process for certain aspects
of the project.
Podrygula seconded the motion to
table which failed by the following
roll call vote: ayes: Ross; nays:
Evans, Jantzer, Olson, Pitner, Po-
drygula, Sipma.
Pitner shared his frustration over the
idea of tabling the Agreement. He
said, they worked with staff to create
an airtight enterprise agreement that
goes above and beyond any previ-
ous agreement. The staff at Visit
Minot are competent individuals who
have come up with actual, measur-
able impacts to the community.
Evans asked Jonathan Rosenthal,
Economic Development Adminis-
trator, to provide his input. Mr.
Rosenthal presented an article from
the Minot Daily News which
describes the economic impact that
COVID-19 has had on hotel revenue
and the hospitality industry. He said
the procedural aspects of the project
will come later but the metrics are in-
cluded and it is a well-crafted agree-
ment. He said he believes this is a
great idea that involves substantial
economic and fiscal impact to the
community.
Olson moved Podrygula seconded
and after discussion was carried to
approve the task order, in an amount
not to exceed $565,226, with CPS
Engineering to design the recycling
transfer station, design a new landfill
entrance and provide construction
management services during con-
struction, authorize the Mayor to
sign the agreement on behalf of the
City, and approve the Reimburse-
ment Resolution in order to preserve
the option of the City to finance the
costs of the projects with tax-exempt
obligations.
Evans explained how they are mov-
ing step by step toward a curbside
recycling program. This step in-
volves design and engineering of a
transfer facility and relocating the
landfill entrance. The engineer will
come back with the design in the
spring of 2021. She said, funding is
available in the Landfill budget. She
also commented that 65% of the
community supports recycling
whereas many City projects do not
have that amount of support.
Podrygula asked for a timeline and
corresponding costs for the projects.
Assistant Public Works Director, Ja-
son Sorenson, prepared a presenta-
tion of the information which
described each step of the projects
beginning with approval of the Task
Order under consideration and end-
ing with the implementation of the
recycling program at the end of
2022. He also broke down the costs
of the total project in the amount of
$4,560,226 which includes the
Transfer Facility, New Landfill En-
trance, Engineering, Compactor,
Compactor Trailers, and containers.
Finance Director, Dave Lakefield,
further stated, funding has been set
aside for the Task Order and the
Reimbursement Resolution is in-
cluded in the motion as an option if
they want to consider bond funding.
The Mayor also pointed out, there
were funds approved for the project
by the Community Facilities Fund.
Mr. Sorenson said, there is about
$766,000 from Community Facilities.
Pitner said he still believes the issue
should be discussed in conjunction
with the larger Landfill discussion
which was postponed until July.
Jantzer commented that since they
are opening a new cell at the current
landfill, and the likelihood of getting
a new landfill would take years,
leads him to conclude this is not a
bad investment at this time. He ex-
pressed support but mentioned con-
cerns about blending the transfer
station and recycling project with the
relocation of the landfill entrance. He
said it is important to keep in mind,
they are separate projects and
should considered appropriately.
Ross asked if the counties who
currently use the landfill would be re-
quired to participate in recycling.
Mr. Sorenson said, they have held
discussions on the issue and the
transfer facility opens the opportunity
for smaller communities to imple-
ment a program. They can also dis-
cuss incentive programs to promote
recycling.
The Mayor said EPA permitting for a
new landfill could take a decade and
he believes this is a good utilization
of their investment. He ack-
nowledged comments about recy-
cling markets and the decreased
profitability but said he thinks it’s the
right move given the timeframe.
A vote was taken on the motion and
carried by the following roll call vote:
ayes: Evans, Jantzer, Olson, Po-
drygula, Ross, Sipma; nays: Pitner.
Scott Burlingame, President of the
Minot Alliance of Nonprofits read a
prepared statement to the Council.
Mayor Sipma asked if the Alliance of
Nonprofits has reached out to the
state for assistance, to which Mr.
Burlingame said, yes, and they are
reaching out to raise community
awareness.
Evans reminded the community to
think of local nonprofits when con-
sidering year-end giving. She said,
many nonprofits in Minot have con-
tinued to provide services
throughout this difficult year.
John MacMartin, Acting Executive
Director of MADC, provided a sum-
mary of the MADC report. He spoke
about Business Expansion and Re-
tention, the One Brand Campaign,
executing contract training, the Inter-
modal Facility, media coverage, and
the merger with the Chamber of
Commerce.
Pitner asked about their financial si-
tuation, to which Mr. MacMartin
said, the Department of Motor Vehi-
cles, under the Chamber of Com-
merce, was affected by state regula-
tions however, they were able to
keep all six of their employees.
Podrygula asked about recruitment
for the head of the organization. Mr.
MacMartin said he would continue in
the position for about the next 15
months. He will work to put the or-
ganization together and assist the
Board in finding his replacement.
Mayor Sipma elaborated on the sig-
nificant impact the Intermodal Facili-
ty will have on the community.
Liaison Reports: Podrygula attended
the Commission on Aging meeting
and brought up issues regarding the
elevator that wasn’t working. He
raised concerns about the larger is-
sue for facilities that do not have a
backup in those types of situations.
He also spoke about the County
Planning meeting which continues to
work on the zoning code revisions.
Olson attended the Souris Basin
Planning Council virtual meeting.
Evans also attended the County
Planning meeting and said the zon-
ing revisions should be completed in
2021. She attended the Library
Board meeting and said the exterior
of the building should be completed
soon. The Library is working on stra-
tegic planning including implement-
ing their vision and mission. They
continue to provide programs to the
community.
Mayor Sipma met with the Ward
County Weed Board and discussed
UAV and the impact COVID had on
spraying throughout the county. He
attended the Task Force 21 Omaha
trophy presentation and said there is
noticeable involvement by the Minot
community.
Ross said the zoning ordinance up-
dates are now available on the City
website for public comment until the
end of December.
Jantzer had no report.
Pitner attended a Renaissance Zone
meeting and said investors are tak-
ing advantage of the program in
place which is exciting.
Evans took a moment to recognize
David Lakefield for filling in as City
Manager over the last several
months.
There being no further business,
Evans moved Pitner seconded and
was carried to adjourn the meeting
at 7:51 pm
APPROVED: Shaun Sipma, Mayor;
ATTEST: Kelly Matalka, City Clerk –
PURSUANT TO NDCC 40-01-09.1,
THESE MINUTES PUBLISHED
SUBJECT TO THE COUNCIL’S RE-
VIEW AND REVISION.
(January 5, 2021)
NOTICE TO CREDITORS
Probate No. 51-2020-PR-233
IN THE DISTRICT COURT,
STATE OF NORTH DAKOTA,
COUNTY OF WARD, NORTH
CENTRAL JUDICIAL DISTRICT
In the Matter of the Estate of
Reverend Henry W. Schneider,
Deceased.
NOTICE IS HEREBY GIVEN that
the undersigned has been appointed
personal representative of the Estate
of Reverend Henry W. Schneider.
All persons having claims against
Reverend Henry W. Schneider are
required to present their claims
within three (3) months after the date
of the first publication of this notice
or said claims will be forever barred.
Claims must either be presented to
Mary Allard,personal representative
of the estate, at P.O. Box 998,
Minot, ND 58702-0998,or filed with
the Court.
Dated this 17th day of December,
2020.
/s/Mary Allard
Mary Allard,
Personal Representative
(December 22-9, 2020; January 5,
2021)