Details for Legals

Updated

PUBLIC NOTICE
BURLEIGH COUNTY COMMISSION
MEETING MINUTES
October 2, 2017
5:00 P.M.
The Bur leigh County Commission
convened a regular meeting with all
members present.
Chairman Woodcox called the meeting
to order with the first item of business
the approval of the monthly minutes and
vouchers.
Motion by Comm. Bitner, 2nd by Comm.
Jones, to approve the September
meeting minutes as presented. All
members voted “AYE.” Motion carried.
Chairman Woodcox reported that he
had reviewed the monthly vouchers and
recommended approval.
Motion by Comm. Bitner, 2nd by Comm.
Jones, to approve payment of the
monthly vouchers, journal vouchers,
and filing fee reports as presented. All
members present voted “AYE.” Motion
carried.
This was the hour and date set for the
continuation of the Public Hearing on
the petition to vacate the section line
described as follows: a tract of land
being 66 feet wide and par t of the
NE1/4 of Section 1, Township 139 North,
Range 81 West, Hay Creek Township
and the SE1/4 of Section 36, Township
140 North, Range 81 West, Riverview
Township, being 33 feet on either side
of the following described section line:
beginning at a point 393.49 feet west
of the northeast corner of Section 1,
Township 139 North, Range 81 West,
Hay Creek Township and continuing west
a distance of 1400.96 feet to point of
termination.
Engineer Hall appeared and presented
background infor mation on the
application for the closure of the section
line. Hall noted the Commission must
find a public benefit for the closure and
the applicant has withdrawn all previous
proposals.
Chair man Woodcox called for any
testimony from the public.
Harvey Schneider, Toman Engineering,
appeared representing the applicant Ron
Knutson. Schneider stated the public
benefit is the paving of the roadways
within the proposed subdivision along
with the dedication of the needed right
of way for 28th St NW from 84th Ave
NW to 97th Ave NW. Schneider stated
the owner would also donate the needed
construction fill (dirt) material for the
construction of this portion of 28th St
NW.
Comm. Schonert questioned Schneider
regarding the width and amount of
the dedicated right of way. Schneider
responded that the width and amount
would vary depending on the terrain.
Upon question, Engineer Hall stated the
county would normally acquire the right
of way and secure an easement for the
construction of such a road segment.
Hall added the county normally
expends funds for such acquisitions and
easements. Hall noted the dirt work
for this construction project would be
extensive.
R o n K nu t s o n , t h e d eve l o p e r a n d
landowner, appeared and expressed
his appreciation for the continued good
working relationship he has with the
county.
As no one else present appeared, the
following motion was made:
Motion by Comm. Peluso, 2nd by Comm.
Jones, to approve the vacation and
closure of the section line described
as follows: a tract of land being 66 feet
wide and part of the NE1/4 of Section
1, Township 139 North, Range 81 West,
Hay Creek Township and the SE1/4 of
Section 36, Township 140 North, Range
81 West, Riverview Township, being
33 feet on either side of the following
described section line: beginning at a
point 393.49 feet west of the northeast
corner of Section 1, Township 139
Nor th, Range 81 West, Hay Creek
Township and continuing west a distance
of 1400.96 feet to point of termination;
with the public benefit the dedication
of the needed right of way for 28th St
NW from 84th Ave NW to 97th Ave
NW. Schneider stated the owner would
also donate the needed construction fill
(dirt) material for the construction of this
portion of 28th St NW with the exact
amounts to be determined later. All
members present voted “AYE.” Motion
carried.
Greg Runge, Attorney at Law, appeared
and presented a report on the services
and caseload information related to the
Indigent Civil Commitment Contract he
has with Burleigh and Morton counties.
Runge noted an annual increase of 14%
in commitment proceedings since 2015.
No action was taken.
Bismarck-Mandan Chamber of Commerce
Agriculture Committee Chairman Jess
Neal appeared and presented a brief
repor t on the AG Committee. Neal
noted the AG Committee was created
to increase awareness of the impact of
agriculture on the community. No action

was taken.
HR Director Terras appeared regarding
the request for the reclassification of
the Court Security position to Detention
Officer-Court Security position. Terras
explained that with the opening of the
new detention facility, the Courthouse
detention center will be remodeled
with two (2) holding cells for Cour t
appearances for those who must appear
in Court in person, rather than through
the IVN system at the new detention
facility. Terras continued as part of
process the Cour thouse detention
facility will become a Grade 4 facility
requiring staff to be licensed peace
officers or trained correctional officers.
Terras concluded the reclassification
will affect three (3) Cour t Security
personnel (Grade 3) who will become
Detention Officer-Court Security positions
(Grade 6).
M o t i o n by C o m m . S c h o n e r t , 2 n d
by Comm. Jones, to approve the
reclassification of the three (3) Court
Security (Grade 3) positions to Detention
Officer-Court Security positions (Grade
6). All members voted “AYE.” Motion
carried.
County Engineer Hall then presented
the following items for the Board’s
consideration:
2018 Highway
Department fee schedule; and developer
request to waive the Gravel Road
Improvement Policy.
Hall stated that in 2015 the Highway
Department started a new fee schedule
fo r To w n s h i p R o a d M a i n t e n a n c e
agreements with the goal at that time
to collect at least 25% of the actual
cost of services for the prior three-year
average expense. Hall stated with this
in mind, the Highway Department is
proposing increases between 30% and
40% to the annual fees charged in the
Township Road Maintenance Agreement
in order to bring the fees collected to at
least 50% of the actual cost of services
based on an average of the previous
three (3) years. Hall noted he is also
proposing to add a maximum fee charge
to any township of 100% of what they
would collect if they levied 18 mills.
Hall stated he is also proposing minor
changes in equipment rates with the
resultant increases/decreases bringing
the Highway Department into compliance
with ND state law.
Tom Dutton, Barb Knutson, and Justin
Deckert of the Burleigh County Township
Officers Association appeared and stated
they were not in favor of the increase,
as it will create a hardship on most of
the Burleigh County townships.
Carol Gear, Driscoll Township, appeared
and noted the financial difficulties
Driscoll Township experiences trying to
maintain the Townsite of Driscoll. Gear
stated it has been very difficult to get
voter approval for increased tax levies to
provide funds for increased road service
costs.
Motion by Comm. Peluso, 2nd by Comm.
Schonert, to approve and adopt the
2018 Highway Department fee schedule
as presented. “AYE” votes: Bitner,
Jones, Peluso, Schoner t, Woodcox.
“NAY” votes: None. Motion carried.
Hall then stated that under the current
Gravel Road Improvement Policy,
developers are required to pave all
internal roadways within a proposed
subdivision and pave at least one
roadway that connects the proposed
subdivision into the existing paved
highway system along with a requirement
that developers are to construct and
pave all adjacent section line roadways.
Hall continued a landowner is proposing
a one (1) lot subdivision of her property
in Section 7, Gibbs Township and the
current policy would require her to pave
approximately 1,400 feet of 57th Avenue
NE from 52nd Street NE to the east
edge of her property.
Motion by Comm. Schoner t, 2nd by
Comm. Jones, to waive the Gravel Road
Improvement Policy allowing for the
one (1) lot plat of the Linda Fairburn
property in Section 7, Gibbs Township,
without the paving of approximately
1,400 feet of 57th Ave NE from 52nd St
NE to the east edge of the property. All
members voted “AYE.” Motion carried.
Sheriff Heinert appeared and presented
the Burleigh/Morton Detention Center
repor t for the month of September.
Heinert noted the average daily inmate
count was 259 and the total booking
for the month was 725. Heinert stated
the total billed revenue for the month
of August was $115,756. Heinert noted
there are currently 284 individuals
utilizing the 24/7 testing program on
a daily basis, with 85 on the drug
patch, 121 on the ankle bracelet, and
57 on two-a-day breath tests with 21
individuals testing in other counties.
The abatements were presented for the
Board’s consideration, a complete copy
of which is on file and available for
inspection in the office of the Burleigh
County Auditor/Treasurer:
Motion by Comm. Bitner, 2nd by

Comm. Peluso, to approve the Hoskins
abatements as requested; to approve
the second approach application of
Jesse Schuh (8631 Sage Dr., Lot 3,
Block 1, Harvest Grove Subdivision);
and to authorize the cancellation of all
outstanding checks written prior to July
2016 with funds sent to the Unclaimed
Property Division at the State Land
Dept. All members voted “AYE.” Motion
carried.
On motion made, seconded, and carried,
the Board adjourned.
Kevin J. Glatt, Auditor/Treasurer
Jerry Woodcox, Chairman
BURLEIGH COUNTY PARK BOARD
MEETING MINUTES
October 16, 2017
5:00 P.M.
T h e B u r l e i g h C o u n t y Pa r k B o a r d
convened a regular meeting with all
members present.
Motion by Comm. Bitner, 2nd by Comm.
Peluso, to approve the minutes of the
September 2017 meeting as presented.
All members voted “AYE.” Motion
carried.
Comm. Bitner stated that he reviewed
t h e vo u c h e r s a n d r e c o m m e n d e d
approval.
Motion by Comm. Bitner, 2nd by
Comm. Peluso, to approve the bills as
presented. All members present voted
“AYE.” Motion carried.
Bismarck Park and Recreation District
(BPRD) Board Member Julie Jeske and
Director Bina appeared and presented
the National Gold Medal Award for
E x c e l l e n c e i n Pa r k & R e c r e a t i o n
Management that the BPRD recently
received. Bina noted the Gold Medal
Awards program honors communities
throughout the US that demonstrate
excellence through long range planning,
resource management, volunteerism,
environmental stewardship, program
development, professional development,
and agency recognition.
Comm. Jones then presented a report
on the Driscoll Sibley and Mitchell Lake
Parks activities noting the improvements
and work completed in 2017.
Dave Mayer, Bismarck Park & Recreation
District Operations Manager, appeared
and presented the boat ramp/county
parks and Missouri Valley Complex
reports. Mayer reported that all county
recreation areas are in good condition.
Wendy Van Duyne, Project Manager,
Bartlett & West Engineers, and Jeff
Ubl, Ubl Design, appeared regarding the
Missouri Valley Complex Master Plan.
Van Duyne presented a summary of
what has transpired to date. Van Duyne
explained the focus of the project, as
directed by the Commission, was to get
information on the usage of an indoor
arena. Van Duyne noted the initial step
was to check out other similar facilities
owned by public agencies. Van Duyne
noted a focus group was established to
provide input for programming a multiuse indoor/outdoor arena.
Ubl then presented infor mation on
the findings of the focus group and
preliminary design concepts for a 150’
x 300’ space (arena). Ubl noted the
purpose of the design concept was to
get an idea of space utilization. Ubl
noted the estimated cost of this project
would be $24 million.
Motion by Comm. Jones, 2nd by
Comm. Machado, to accept the report
as presented for the Missouri Valley
Complex Master Plan.
Comm. Peluso stated he thought the
master plan was initiated to find out
what kind of events would be viable
and what kinds of revenue might be
generated from such events. Peluso
stated presenting building plans is
premature.
Comm. Jones stated this is the first
phase of many and we are not looking
at this time to construct a building.
Comm. Bitner stated he thought tonight’s
report would be on the results of a
feasibility study which would provide
information about possible events and
revenues prior to construction of a
building.
Ubl stated there are multiple steps
that need to be completed to do a
thorough evaluation (feasibility study).
Ubl stated this particular stage is what
the Park Board requested. Ubl added
this is only one piece of the puzzle
and he recommended all the steps be
completed.
Comm. Bitner questioned the sources
who are providing the information of
what is needed, building size, etc.
Comm. Schonert questioned what the
next step might be.
Van Duyne stated the initial step
revealed that there are very few similar
publically owned facilities in the region.
Van Duyne continued that to date, they
have looked locally, having engaged
stakeholders that would be active in
helping developing and operating such
a facility. Van Duyne continued that
additional work could involve further
analysis of facility operations and

maintenance costs.
Christine Goven, an area resident and
passionate horse person, appeared in
favor of an indoor arena.
Vote on motion: All members present
voted “AYE.” Motion carried.
On motion made, seconded, and carried,
the Board adjourned.
Kevin J. Glatt, Auditor/Treasurer
Jerry Woodcox, Chairman
BURLEIGH COUNTY COMMISSION
MEETING MINUTES
October 16, 2017
5:55PM
The Bur leigh County Commission
convened with all members present.
Comm. Bitner repor ted that he had
reviewed the monthly vouchers and
recommended approval.
Motion by Comm. Bitner, 2nd by
Comm. Schonert, to approve the bills
as presented. All members voted “AYE.”
Motion carried.
This was the hour and date set for
a PUBLIC HEARING regarding the
Resolution of Necessity for Special
Assessment District #62 Imperial Valley
Subdivision.
Engineer Hall appeared and explained
the proposed Special Assessment
District is for the paving of cer tain
r o a d w ay s w i t h i n I m p e r i a l Va l l e y
Subdivision. Hall stated that 89% of
the landowners signed the petition to
create the district which requires a 60%
minimum. Hall noted the engineer’s
estimate of $147,000, which is to be
spread equally among the twentysix (26) benefited properties per the
submitted petition.
Chairman Woodcox opened the public
hearing and called for public testimony.
Trent Rittenbach appeared in opposition
to Special Assessment District #62 for
Imperial Valley Subdivision. Rittenbach
stated he owns Lots 2 - 5, Block 2
and Lots 1 – 3, Block 4. Rittenbach
continued that there are no sewer and
water connections to six (6) of these
lots. Rittenbach added that the main
sewer line will need to be placed under
the roadway and thus he would have to
repair and replace the pavement when
the sewer connection is made to these
lots. Rittenbach stated he does not plan
to develop these lots at this time and
paying the specials and repairing and
replacing the pavement would create a
financial hardship. Rittenbach requested
the Commission consider this hardship.
Comm. Peluso asked if there is anything
we can do to make it more palatable.
Engineer Hall suggested a “bump-out”
could be done at the last manhole
possibly allowing the sanitary line to
be placed in the adjacent ditch. Hall
continued the sanitary line could then
be bored under the roadway alleviating
the removal and replacement of the
pavement in the future. Hall stated this
option might be feasible at a much lower
cost to Rittenbach.
As no one else present appeared, the
public hearing was closed and the
following motion was made:
Motion by Comm. Schonert, 2nd by
Comm. Jones, to table this item until the
first meeting in November.
Comm. Schonert withdrew his motion
with the second agreeing in order
to direct Engineer Hall to do more
research.
Motion by Comm. Peluso, 2nd by Comm.
Jones, to reopen the public hearing. All
members voted “AYE’. Motion carried.
Motion by Comm. Schoner t, 2nd by
Comm. Jones, to continue the public
hearing until the November 6, 2017
meeting. All members voted “AYE”.
Motion carried.
This was the hour and date set for a
public hearing regarding the minimum
sale prices as deter mined for the
annual tax sale on November 21,
2017. Chairman Woodcox opened the
public hearing and called for any public
testimony. As no one present appeared,
the following motion was made:
Motion by Comm. Peluso, 2nd by Comm.
Jones, to close the public hearing and
confirm the minimum sale prices for
the annual tax sale held on November
21, 2017, as previously adopted. All
members voted “AYE.” Motion carried.
Jeff Ubl, Übl Design Group, P.C,
appeared regarding authorization to
advertise for bids for the demolition
portion of the courthouse jail renovation
project.
Motion by Comm. Jones, 2nd by Comm.
Peluso, to authorize the advertisement
of bids for the demolition portion of the
courthouse jail project. All members
voted “AYE.” Motion carried.
J. D a n i e l S c h w a r t z , P l a n n i n g &
Emergency Management Specialist
– Wenck Environmental, appeared
r e g a r d i n g a Fe d e r a l E m e r g e n c y
Management Agency (FEMA) PreDisaster Mitigation Grant to fund slope
stabilization improvements at the
University of Mary.
Comm. Bitner questioned if the county
will have any liability and if not, he

would support the application. Schwartz
noted that the University of Mary will be
responsible with no county liability.
Motion by Comm. Bitner, 2nd by Comm.
Peluso, to approve the Memorandum
of Understanding with the University
of Mar y authorizing the County of
Burleigh to be an applicant (pass
through) agent to apply for a FEMA
Pre-Disaster Mitigation Grant to fund
slope stabilization improvements for
the University of Mary subject to the
condition that the County of Burleigh
not be held liable for any present or
future costs including failure and/or
maintenance. All members voted “AYE.”
Motion carried.
County Engineer Hall then presented
the following items for the Board’s
consideration: road maintenance
agreements with the organized and
unorganized townships; maintenance
cer tification for county federal aid
projects; and, online auction web site
services.
The County Commission recessed to
immediately sit as the respective Burnt
Creek, Riverview, Ft. Rice, Lincoln,
Phoenix, and Lyman Unorganized
Township Boards of Supervisors for the
following motion:
Motion by Comm. Jones, 2nd by
Comm. Peluso, to approve as individual
Township Boards for Bur nt Creek,
Riverview, Ft. Rice, Lincoln, Phoenix,
and Lyman Unorganized Townships,
the road maintenance agreements with
the County, assigning the roles and
responsibility for maintaining township
roads within each respective township.
All members voted “AYE.” Motion carried.
The Unorganized Township Boards of
Supervisors adjourned and the County
Commission immediately reconvened
with all members present.
Motion by Comm. Bitner, 2nd by
Comm. Jones, to approve the Road
Maintenance Agreements between the
County of Burleigh and the organized
and unorganized townships assigning the
roles and responsibilities for maintaining
township roads within Burleigh County.
All members voted “AYE.” Motion carried.
Engineer Hall stated that every year the
Burleigh County Highway Department
reviews all of the federal aid highway
projects to ensure that all projects are
being maintained in a good and safe
condition for general public use and
under current State and Federal rules.
Hall requested the Commission approve
the certification.
Motion by Comm. Jones, 2nd by Comm.
Schonert, to approve the maintenance
certification of all county federal aid
project(s) within Burleigh County. All
members voted “AYE.” Motion carried.
Engineer Hall requested the Commission
authorize the proper County officials to
accept the Public Group, LLC as the
online auction site service for and on
behalf of the Burleigh County Highway
Dept.
Motion by Comm. Bitner, 2nd by Comm.
Peluso, to approve The Public Group,
LLC as the online auction web site
service for and on behalf of the Burleigh
County Highway Dept. All members
voted “AYE.” Motion carried.
Communications Director Dannenfelzer,
Central Dakota Communications
Center, appeared and presented a
report on future facility needs for the
9-1-1 Dispatch Center and Bismarck/
Burleigh Emergency Operations Center.
Dannenfelzer noted that after a review
of options, the City of Bismarck, City
of Mandan, and Burleigh County
Commission workgroup recommended
leasing space from the Dakota Carrier
Network and requested the placement of
the question of increasing the local 9-11 fee from $1 up to $1.50 on the June
12, 2018 Primary Election ballot for the
purpose of funding the lease.
Motion by Comm. Peluso, 2nd by Comm.
Jones, to sign a letter of intent with the
Dakota Carrier Network and authorize
the negotiation of a lease with the
Dakota Carrier Network. All members
voted “AYE.” Motion carried.
Motion by Comm. Jones, 2nd by Comm.
Peluso, to approve ballot language for
the primary election on Tuesday, June
12, 2018 to increase the 9-1-1 fee from
$1.00 up to $1.50 in Burleigh County. All
members voted “AYE.” Motion carried.
HR Director Terras appeared and
requested authorization to contract with
Fox Lawson & Associates (a division
of Gallagher Benefit Services, Inc.)
to conduct a compensation study for
Burleigh County. Terras noted she has
money in the 2017 budget for such a
study.
Greg Mangold, Ar thur J. Gallagher
& Co., appeared and made a brief
presentation regarding their services
related to the proposed compensation
study.
Motion by Comm. Bitner, 2nd by Comm.
Schonert, to contract with Fox Lawson
& Associates (a division of Gallagher
Benefit Services, Inc.) to conduct a

compensation study for Burleigh County.
All members voted “AYE.” Motion
carried.
The Commission then considered
appointment of delegate(s) to ND State
Fair Association Annual Meeting.
Motion by Comm. Jones, 2nd by Comm.
Schonert, to appoint ElRoy Haadem and
Scott Flach as delegate(s) to the ND
State Fair Association Annual Meeting.
All members voted “AYE.” Motion
carried.
The abatements were presented for the
Commission’s consideration, a complete
copy of which is on file and available for
inspection in the office of the Burleigh
County Auditor/Treasurer:
Motion by Comm. Jones, 2nd by Comm.
Peluso, to approve the Darsey Family
Living Trust, R Lang Construction,
IRET-Kirkwood Apartments, LLC, Fuchs,
Colling, Krein, Kleingartner, and Rants
abatements as requested; to approve the
bingo permit application of the Sterling
School Teachers Parents Association;
and to approve the second approach
permit request of Jessica Kluck, 5301
Sundance Lp (Lot 2, Block 4, Grand
Prairie 4th Subdivision).
All members
voted “AYE”. Motion carried.
On a motion made, seconded, and
carried, the Board adjourned.
Kevin J. Glatt, Auditor/Treasurer
Jerry Woodcox, Chairman
BURLEIGH COUNTY COMMISSION
MEETING MINUTES
October 25, 2017
7:00 P.M.
The Bur leigh County Commission
convened with all members present
except Comm. Peluso for the purpose
of discussing Burleigh County polling
locations and precincts for the 2018
e l e c t i o n c y c l e w i t h t h e B i s m a r ck
legislative delegation. No action was
taken.
Kevin J. Glatt, Auditor/Treasurer
Jerry Woodcox, Chairman
Summary of Expenses
The following amounts were approved for
the various county funds and a complete
list is available for review in the office of
the Burleigh County Auditor/Treasurer:
Fund
OCTOBER 2017
1001 GENERAL FUND......$523,056.12
2140 COUNTY ROAD &
BRIDGE .......................$1,250,266.50
2210 SOCIAL SERVICES....$24,362.33
2902 COUNTY LIBRARY..........$822.41
2905 SENIOR CITIZENS.....$67,480.67
2908 COMMUNICATIONS
CENTER .........................$315,092.03
2909 VICTIM/WITNESS
ADVOCATE .........................$1,013.08
2913 PROVIDENT
BUILDING .........................$28,054.61
2920 VETERAN SERVICE.....$2,718.99
2960 COUNTY AGENT..........$3,780.53
2970 WEED CONTROL.....$119,959.34
2982 MISSOURI VALLEY
COMPLEX ..........................$5,558.33
2985 COUNTY JAIL MAINT &
CONST .............................$37,289.41
2986 COUNTY PRESERVATION
FUND..................................$1,637.47
2989 ST ATT DRUG ASSET
FORFEIT.............................$2,303.28
2992 SOBRIETY 24/7
PROGRAM..........................$4,197.63
2993 DETENTION
COMMISSARY....................$3,056.94
2995 ABANDONED
CEMETERY ........................$1,180.00
5159 SPIRITWOOD ESTATES....$84.66
Payroll – SEPTEMBER 2017
1001 GENERAL FUND
Total .............................$1,198,075.83
2140 COUNTY ROAD & BRIDGE
Total ................................$295,462.67
2210 SOCIAL SERVICES
Total ................................$502,518.31
2909 VICTIM/WITNESS ADVOCATE
Total ..................................$20,953.80
2913 PROVIDENT BUILDING
Total ....................................$7,051.68
2920 VETERAN SERVICE
Total ..................................$24,730.60
2960 COUNTY AGENT
Total ..................................$16,051.42
2970 WEED CONTROL
Total ....................................$5,773.53
Grand Total ......................$4,462,532.17
The following fee reports were accepted:
County Recorder ................$105,674.70
11/14 - 20915717

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