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bismarcktribune.com Bismarck Tribune

C7 Saturday, September 12, 2009

PUBLIC NOTICE NOTICE OF SALE Civil No. 08C2257 NOTICE IS HEREBY GIVEN, that judgment and decree of fore¬closure was rendered by the District Court for the South Central Judicial District, Burleigh County, North Dakota, on August 26, 2009, in the office of the Clerk of Court for Burleigh County, North Dakota, in Civil No. 08C2257. Aurora Loan Services, LLC was plaintiff and Mitchel J. Dachtler, Shelly A. Dachtler, and any persons in possession, were defendants in the action. On that day, it was adjudged that there was due to plaintiff for indebtedness upon a mortgage the sum of $136,012.29, inclusive of costs and disburse¬ments. By virtue of a writ of special execution issued to me by the Clerk of the Court, I will sell the real property which is the subject of the foreclosure and is described below to the highest bidder for cash at public auction at the front door of the Burleigh County Courthouse in the City of Bismarck, Burleigh County, North Dakota, on October 6, 2009, at the hour of 1:15 p.m. to satisfy the amount due with costs accrued to the date of sale, or so much thereof as the proceeds of such sale applicable thereto will satisfy. The real property to be sold is located in Burleigh County, North Dakota, and more particularly described as follows: Lot 6, less the West 10 feet, Block 43, Northern Pacific Second Addition to the City of Bismarck, Burleigh County, North Dakota (a/k/a 600 North 8th Street, Bismarck, ND 58501). Dated this 10th day of September, 2009. PAT D. HEINERT, Sheriff Burleigh County, North Dakota Paul M. Hubbard For CONMY FESTE LTD. P.O. Box 2686 Fargo, North Dakota 58108-2686 Telephone: 701-293-9911 ATTORNEYS FOR PLAINTIFF 9/12, 19, 26 - 604516 NOTICE Pursuant to the provisions of the Federal Fair Debt Collection Practices Act, you are advised that unless you dispute the validity of the foregoing debt or any portion thereof within thirty days after receipt of this letter, we will assume them debt to be valid. On the other hand, if the debt or any portion thereof is disputed, we will obtain verification of the debt and will mail you a copy of such verification. You are also advised that upon your request within the thirty day period, we will provide you with the name and address of your original creditor, if different from the creditor referred to in this Notice. We are attempting to collect a debt and any information obtained will be used for that purpose. At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. However, if you fail to contact our office, our client may consider additional remedies to recover the balance due. NOTICE BEFORE FORECLOSURE TO: Francis Jangula 8801 Apple Creek Rd. Bismarck, ND 58504 Occupant 8801 Apple Creek Rd. Bismarck, ND 58504 Lavonne M. Jangula 8801 Apple Creek Rd. Bismarck, ND 58504 the title owners of the following described real property: Part of the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section Four (4), Township One Hundred thirty-eight (138) North, Range Seventy-nine (79) West of the 5th Principal Meridian, Burleigh County, North Dakota, that is bounded by the folowing described traverse: Starting at the SE corner of said Section 4, thence bearing West along the South line of said section a distance of 2171.5 feet; thenc bearing North 0°00' East a distance of 395.73 feet to the point of beginning; from the point of beginning the traverse bears North 83°59' East a distance of 768 feet; thence bearing North 3°26' West a distance of 382 feet more or less, to the center line of Apple Creek; thence bea ing Northwesterly and Westerly along the center line of Apple Creek a distance of 550 feet, more or less; thence bearin South 40°55' West a distance of 432 feet, more or less, to an iron pipe monument; thence bearing South 0°00' West a distance of 1339.57 feet to the point of beginning aka 8801 Apple Creek Rd., Bismarck, ND 58504. Notice is hereby given that that certain mortgage upon the above-described property, Francis Jangula and Lavonne M. Jangula, mortgagors, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc., Mortgagee, dated April 20, 2005, and filed for record in the office of the Register of Deeds of the County of Burleigh and State of North Dakota, on the 25th day of April, 2005 at 4:06 P.M. as Document No. 635830 and which mortgage is being serviced by BAC Home Loans Servicing LP, and given to secure the payment of $100,800.00, and interest according to the conditions of a certain promissory note, is in default. The following is a statement of the sum due for principal, interest, taxes, insurance, maintenance, etc.. as of September 1, 2009: Principal . . . . . . . . . . . . . . . . $96,464.78 Escrow Balance Due . . . . . . . . . . .456.52 Accrued interest to September 1, 2009 . . . . . . . . . . .3,938.97 Late Charges . . . . . . . . . . . . . . . . .167.65 County Recording Cost . . . . . . . . .10.00 BPO . . . . . . . . . . . . . . . . . . . . . . . . .95.00 Property Inspection . . . . . . . . . . . .90.00 TOTAL ....................................$101.222.92 That as of September 4, 2009, the amount due to cure any default, or to be due under the terms of the mortgage, exists in the following respects: Accumulated Payments Owing: $6,007.92 Principal & Interest: 7 months @ $670.62 = $4,694.34 Escrow: 5 months @ $174.12 = $870.60 2 months @ $221.49 = $442.98 Late Charges . . . . . . . . . . . . . . . . .167.65 Property Inspection . . . . . . . . . . . . .90.00 TOTAL . . . . . . . . . . . . . . . . . . .$6.265.57 all of which must be paid BY CERTIFIED FUNDS, MADE PAYABLE TO BAC HOMELOANS SERVICING LP and mailed to the undersigned attorney to cure the default, plus any accrued interest, subsequent payments or late charges which become due and any further expenses for preservation of the property which may be advanced. PLEASE CONTACT THE UNDERSIGNED FOR THE EXACT AMOUNT DUE THROUGH A CERTAIN DATE. You have the right, in accordance with the terms of the mortgage, to cure the default specified above. You also have the right to assert in the foreclosure action that no default exists or any other defense you may have to said action. Notice is further given that if the total sums in default, together with interest accrued thereon at the time of such payment, accrued payments then due and expenses advanced, are not paid within thirty (30) days from the date of mailing or service of this Notice, the Mortgagee will deem the whole sum secured by the mortgage to be due and payable in full without further notice. Furthermore, proceedings will be commenced to foreclose such mortgage, and in the event of Sheriff's sale as provided by the laws of the State of North Dakota, the time for redemption shall be as

provided by law, but not less than sixty (60) days after the Sheriff's Sale. Dated August 21, 2009. MACKOFF KELLOGG LAW FIRM Attorneys for the Plaintiff Office and Post Office Address: 38 Second Avenue East Dickinson, North Dakota 58601 Tel: (701) 227-1841 Fax: (701) 225-687 By: /s/Sandra K. Kuntz Sandra K. Kuntz,Attorney #05186 If you have previously received a discharge in a Chapter 7 bankruptcy,this is not an attempt to collect a debt against you personally, but only an attempt to determine your intention concerning retaining this property. 9/5, 12,19 - 604475 BISMARCK BOARD OF CITY COMMISSIONER UNOFFICIAL MINUTES OF AUGUST 25, 2009 MEETING The Board of City Commissioners met in regular session on August 25, 2009 with the following present: Sprynczynatyk, Schwab, Seminary, Grossman and Warford. A Chaplain of the Bismarck Police Department presented the invocation. 1. Approve minutes of August 11, 2009 meeting. Grossman moved to approve the minutes. Seminary seconded. All members present voted Aye.The motion carried. 2. CONSENT AGENDA A. Approve vouchers 903940 to 904182, and payroll vouchers 247908 to 248113. B. Personnel actions. C. Application for tax abatement for: 1515 Cimarron Dr, 441 Sunset Pl, 1351 Territory Dr, 2002 E Capitol Ave, 625 N 20th St, 1315 E Sweet Ave, 4831 Amberglow Dr, 1616 E Ave E, 1730 Golf Dr, and 1421 Eastwood St D. Renew site authorization: Ducks Unlimited at Ramkota Hotel. E. Street Improvement District 422: Grossman introduced Resolution Creating and Ordering Preparation of a Preliminary Report; Resolution Approving Preliminary Reports and Directing the Preparation of Plans and Specifications; Authorization to Advertise and Receive/Award Bids. Sprynczynatyk seconded the motion on the resolutions. All members voted Aye. The motion carried and resolutions adopted. F. Approve contract change order with Northern Improvement for 2009 landscape work on Fraine Barracks Rd. G. Public Works: sole source purchase of spare sludge pump for the WWTP. H. Approve creation/acceptance of rightof-way dedication for extension of Northern Plains Dr south of Airway Ave. I. Acceptance of easement from BSC for Career Technology Center. J. Public Health: approve Pandemic Flu Planner position change from contract to parttime employee. K. Approve permission to accept/file quit claim deed on behalf of City to take title of house at 522 North Bell St and demolish said house. L. Call for public hearing for Ord 5742 relating to annexation of various parcels owned by Bismarck Parks & Rec Dist Grossman moved to approve the consent agenda. Seminary seconded.All members voted Aye.The motion carried. REGULAR AGENDA 3. Approve request from Richard Hammond to extend deadline to complete drainage system at 3240 E Capitol Ave. Schwab moved to extend the deadline to November 1, 2009. Grossman seconded.All members voted Aye.The motion carried. 4. Hearing: Ordinance 5738 relating to loading and unloading of freight and merchandise. Schwab moved to adopt the ordinance. Grossman seconded. All members voted Aye.The motion carried. 5. Hearing: Ordinance 5739 relating to annexation and approve final plat of Meadowlark Commercial 6th Addition. Grossman moved to adopt the ordinance. Seminary seconded. All members voted Aye.The motion carried. 6. Hearing: Ordinance 5740 – annexation; Ordinance 5741 – zoning change; and approve the final plat of Pebble Creek Golf Course 2nd Addition. Schwab moved to W:\Minutes\MN082509_NEWS.doc2 adopt the ordinance. Sprynczynatyk seconded. All members voted Aye.The motion carried. Seminary removed himself/did not vote. 7. Airport: a. 30 year ground lease with Basin Electric Power Cooperative on the new corporate area development site. Schwab moved to approve the request. Sprynczynatyk seconded. All members voted Aye. The motion carried. b. Bids for the Maintenance Shop Parking Lot Reconstruction. Bidders were Northern Improvement Co -$238,957.50; Strata Corp-$315,185.50. Seminary moved to award the bid to Northern Improvement Co. Grossman seconded. All members voted Aye.The motion carried. 8. SPGMC, LLC/Boardwalk on Broadway, LLC request to designate of the rehabilitation of building at 100 West Broadway as a Renaissance Zone Project. Jason Tomanek, Planner, stated that the Renaissance Zone Authority recommended designation of the rehabilitation of the building at 100 West Broadway as a Renaissance Zone Project, a 100% property tax exemption on the building and improvements for 5 years beginning with the date of completion, and an exemption from state tax on income derived from the business/investment location for five years beginning with the date of completion with following conditions: a waiver from Section 14-04-21.2 (DF – Downtown Fringe) of the City Code of Ordinances is granted to allow the use of EIFS/Dry-Vit material as an exterior building material in lieu of the use of brick, stone architectural concrete or precast concrete, or an equivalent or better; and a waiver from Section 14-03-11 (Landscaping and Screening) of the City Code of Ordinances is granted to not require the use of perimeter parking lot screening elements such as trees & shrubs or a decorative fence in locations where the off-street parking lot(s) are adjacent to the public right-of-way and street/boulevard recognizing that interior parking lot greenspace and trees are proposed. Grossman moved to approve the request. Sprynczynatyk seconded. All members voted Aye.The motion carried. 9. Review payments for County Comprehensive Plan. Bill Wocken, City Administrator, requested clarification of cost pledges and payments to SRF Consulting for the county comprehensive plan. Upon review, it was found that: before the plan contract was executed, the city budgeted $35,000 in 2007 budget (onetime funding) for its share of plan; when contract was awarded, city’s share was set at $32,950.83 (33%); on September 9, 2008, county asked city to pay up to $6,649.17 in additional costs due to county-requested extra work on the plan. City Commission refused to pay any additional charges until a satisfactory plan was adopted in a timely manner; to date, city has paid $29,733.52 toward this contract. Wocken asked for clarification of what City’s portion is still owing toward it’s original cost pledge. Schwab stated we should only pay what we originally said we would. Sprynczynatyk stated with the original request, the Commission agreed to pay a significant portion of that then they started to run into difficulties. Sprynczynatyk asked if we’ve already paid $29,000 and change, should we really pay $6,000 more? Seminary moved to have Warford write a letter to Burleigh County Commission asking for City’s portion to be paid back. Schwab seconded. Sprynczynatyk stated her concern is then the County is stuck paying for our share if we ask for our money back; she won’t support motion. Schwab doesn’t think the con-

sultants did a good job; he’s sorry that taxpayer money was wasted. Schwab said people in outlying areas of county weren’t listened to. Grossman stated he doesn’t want to ask for money back.Warford stated City Commission agreed to pay a certain amount going into this; he didn’t feel it was fair to ask for that money back because the results were not what the City wanted. Seminary withdrew his motion to ask Mayor Warford to request City’s portion of funds back from the County for Comprehensive Plan. Sprynczynatyk moved to clarify the amount the City agreed to pay for the first plan is correct but no additional costs will be paid because Comprehensive Plan was not completed and approved by the County. Schwab seconded. All members voted Aye.The motion carried. ADDENDUM: Mel Bullinger, City Engineer, requested approval for NDDOT I-94 Canary Ave projectpermit pertaining to continuing Canary Ave paving project. Permit is for installation of a24 inch diameter detention outlet pipe and rip rap in south ditch of I-94 right-ofway. Sprynczynatyk moved to approve the request. Seminary seconded. All members votedAye.The motion carried. OTHER BUSINESS: a. Schwab asked for status report on River Road. Mel Bullinger, City Engineer, stated Braun Intertec is still conducting their investigation/evaluation. Bullinger anticipates soils report/resulting recommending solutions will be provided to Commission at Sept 22nd mtg. b. Schwab provided update on 9/11 Memorial Park at Fraine Barracks. Schwab and Sprynczynatyk agreed project was approximately 90% complete. General public is invited to attend dedication ceremony at 9:37 a.m. on September 11, 2009 at Memorial regardless of the weather. 10. Ongoing project agenda. The Board took no action. EXECUTIVE SESSION: Grossman moved to go into executive session. Sprynczynatyk seconded.All members voted Aye. The motion carried. 11. Community Development: Executive session under NDCC Sections 44-04-19.2 & 44-04-19.1(9) to discuss contract negotiation for the NSP program. Schwab moved to come out of executive session. Seminary seconded. All members voted Ayes. The motion carried. The Board reconvened. Schwab moved to approve the Community Development request. Seminary seconded. All members voted Aye. The motion carried. Having completed the agenda, the meeting was declared adjourned at 6:28 p.m. Payroll Checks by Fund – August 21, 2009; General Fund676,230.12 Library Fund-3 9,977.63 Roads & Streets/Street Lights/Fleet Services Fund91,424.52 GovernmentGrants & Activities Fund13,845.24 Airport/Flightline Fund38,887.83 Solid Waste Utility Fund56,030.26 Water & Sewer Utility Fund93,177.56 Accounts Payable Checks by Fund – August 25, 2009: General Fund261,957.40 Arena Exhibit Opr./ Internal Service Fund12,725.50 E/H Transit System Fund4,966.08 Library Fund30,251.44 Police Special Revenue Fund15,355.68 Roads &Streets / Street Lights / Fleet Services Fund320,141.03 Northern Plains Commerce16,777.59 Hotel/Motel Tax46,153.82 Lodging, Liquor & Food Tax Fund10,000.00 Social Security Tax Fund53,451.16 Special Deficiency / Revolving Fund7,269.03 Government Grants & Activities Fund 31,869.25 Capital Projects Fund856,826.64 Airport / Flightline Fund- 1,357,284.37 Solid Waste Utility Fund43,207.79 Water & Sewer Utility Fund1,891,251.53 Insurance Fund253,917.43 Pension / TrustFund11,780.04 9/12 - 604506 Burleigh County Commission Minutes August 3, 2009 5:15 PM The Burleigh County Commission convened a regular monthly meeting with all members present except Comm. Armstrong. Chairman Peluso and the County Commissioners expressed their “Heartfelt Thank You” to the entire Burleigh County staff for their dedicated service during the spring flooding. Chairman Peluso presented awards to recognize the following employees for their distinguished service during the Flood Disaster: County Road Department: Jeffrey Brown, Kevin Erhardt, Gerard Feist, Nichole Jacobs, Carmen Kary, Wayne Klein, Sidney Miller, Fred Myers, Rodney Ness, Gene Small, and Wayne Uffelman; Emergency Manager Mary Senger; Sheriff’s Department: Roy Bailey, Norma Braddock,Troy Fleck, Kevin Glovich, Jennifer Heinert, Sheriff Patrick Heinert, Kelly Hermanson, Michael MacDonald, Stephanie Mehrer, Lonny Quam, Jennifer Rewald, Collin Rixen, Thomas Schroeder, Sharlene Schuh, Michael Stoltz, Jamie Van Inwagen, Daniel Wentz, and Les Witkowski. Chairman Peluso then 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.Woodcox, to approve the July meeting minutes as presented. All members present voted “AYE.” Motion carried. Comm. Bitner reported that he has reviewed the monthly vouchers and recommends approval of the same. Motion by Comm. Bitner, 2nd by Comm.Woodcox, to approve payment of the vouchers, journal vouchers, and filing fee reports as presented. All members present voted “AYE.” Motion carried. Jaclin Wike, Cook Wegner & Wike, appeared and presented information regarding the American Recovery and Reinvestment Act of 2009 (ARRA). Wike explained ARRA authorizes the county to issue bonds for public projects (Recovery Zone Economic Development Bonds) and private projects (Recovery Zone Facility Bonds). Wike noted Burleigh County was allocated $3,774,000 in RZEBs and $5,661,000 in RZFBs. Wike stated the RZFBs are similar to MIDA bonds that can be issued for private projects offering the advantage of low interest financing. Wike stated a Bismarck businessman is interested in an allocation for a building project and requested the Commission to designate the entire county as a recovery zone to qualify. Wike noted Cass and Grand Forks counties have recently designated their entire counties as a recovery zones. Chairman Peluso noted that to qualify the Commission would have to designate the county or an area of the county (1) as having significant poverty, unemployment, rate of home foreclosures, or general distress; (2) any area designated as economically distressed by reason of the closure or realignment of a military installation; and (3) any area for which designation as an empowerment zone or renewal community. Peluso question if Burleigh County has significant poverty, a high unemployment rate, home foreclosures or general distress. Wike responded that she believes this has already been indicated by the allocation of the bonding authority by the IRS. Wike stated if the Commission rejects the funding; the bond allocation would go to another entity in North Dakota. Comm. Schonert requested statistics to support the designation. Comm. Woodcox suggested and the

Commission agreed by consensus that this item be tabled and contact be made with Cass and Grand Forks counties regarding the designation of having significant poverty, unemployment, rate of home foreclosures, or general distress. This was the hour and date set for a PUBLIC HEARING regarding the petition of Burleigh County to vacate (close) section line between Kniefel Landing and Burnt Boat park areas. State’s Attorney Riha advised the Commission that statute requires a finding of public benefit in order to close a section line. Chairman Peluso opened the public hearing and called for testimony. No one present appeared and the public hearing was closed. Comm. Woodcox stated the public benefit is the future development of the two (2) park areas and the ability to use the property (section line) and make the two (2) parks one larger area. Woodcox concluded adequate alternative access exists and the closure will enhance future public access and facilities. Motion by Comm. Bitner, 2nd by Comm. Woodcox, to vacate a tract of land being 66 feet wide and part of the S1/2 of Section 11 and the N1/2 of Section 14, being 33 feet on either side of the following described centerline: that part of the section line between Sections 11 & 14 (T139N R81W) beginning where the section line intersects with the centerline of the west end of Misty Waters Drive and runs west at a 90 degree angle approximately 870 feet to the east bank of the Missouri River. Said tract of land containing 1.32 acres, more or less, all of which lies in Township 139 North, Range 81 West of the Fifth Principal Meridian, in Burleigh County, North Dakota, with public benefit identified as the future development of the two (2) park areas and the ability to use the property (section line) and make the two (2) parks one larger area thereby enhancing future public access and public facilities. All members present voted “AYE.” Motion carried. Comm. Bitner then introduced the next agenda item by disclosing that he has recently accepted a position on the Northern Plains Heritage Foundation Board of Directors for the purpose of representing Burleigh County and its citizens. Tracy Potter, Past-President of the Northern Plains Heritage Foundation, appeared to explain what the Northern Plains National Heritage Area is and to give a timeline for the process of creating a management plan. Potter stated the Heritage Foundation has put together a plan to gather public input, which will be used to write the management plan for the area. Potter noted the designation as a National Heritage Area is not a land-grab and will confer no regulatory authority to the Foundation. Comm. Schonert questioned Potter if the Foundation would be lobbying for view sheds or other similar regulations. Potter stated no. Schonert then stated the Foundation has lost credibility with him, as it has been portrayed that the Burleigh County Commission has approved the Heritage Area designation when in fact the County Commission only approved support for a feasibility study. No action was taken. County Engineer Hall appeared and presented the monthly Road & Bridge Dept report. On a motion made, seconded and carried the County Commission recessed to immediately sit as the Riverview Township Board of Supervisors for the following item: Motion by Comm. Schonert, 2nd by Comm. Woodcox, to authorize the County Auditor\Treasurer and the County Engineer to enter into a joint design project with the Burleigh County Water Resource District for the reconstruction of the drainage and roadway along 149th Avenue NW for $100,414. All members present voted “AYE.” Motion carried. On a motion made, seconded and carried the Riverview Township Board of Supervisors adjourned and the Board immediately reconvened as the Burleigh County Commission with all members present except Comm. Armstrong. Engineer Hall then reported that 35 of 47 townships have responded with resolutions supporting the exchange of roadways in order to create a more appropriate and efficient county highway grid system. Hall continued that with such a positive response he requests the Commission call for a public hearing to consider public input on the proposal. Motion by Comm. Schonert, 2nd by Comm. Woodcox, to call for public hearing on October 5, 2009 at 5:00 P.M. to receive public input regarding the proposed new Burleigh County Highway Grid System. All members present voted “AYE.” Motion carried. Hall then presented the request of Rik Savenko for 2nd approach permit from Lot 3, Block 1, Countryside Estates 3rd Subdivision (1303 Countryside Dr). Hall stated he has reviewed the request and from an engineering point of view there are no concerns. Hall requested that should the request be approved, the motion approving the 2nd approach should require the Highway Dept to issue the permit rather than a grant of a permit. Hall stated this will provide the Road Dept the authority to direct the correct construction type and location for the approach. Motion by Comm.Woodcox, 2nd by Comm. Bitner, to authorize the Highway Dept to issue a 2nd approach permit to Rik Savenko from Lot 3, Block 1, Countryside Estates 3rd Subdivision subject to review and approval by County Engineer Hall or his designee. All members present voted “AYE.” Motion carried. Engineer Hall then reported that the Highway Department’s Property Team has thoroughly reviewed expansion of the existing Bismarck office/shop to the north and connecting it with the existing sign shop building. Hall continued the architect engaged by the Property Team met with many of the Highway Department staff, worked very hard to meet the stated goals and objectives, but unfortunately, in their professional opinion the drainage and elevation constraints make it unpractical to connect the two buildings. Hall stated the two (2) concept plans developed meet many of the requests but do not connect the buildings and do not provide adequate equipment storage or the ability for future expansion thus do not meet the long-term needs of the county .Hall requested authorization for The Highway Department’s Property Team to locate suitable property, and negotiate the purchase price for the possible future site of a Burleigh County Bismarck shop. Comm. Woodcox requested the architect appear and present the results of the findings. No action was taken John Spitzer, President of Burleigh County Township Officers Association, appeared regarding the proposal to create a more efficient highway grid system. Spitzer stated he has several questions and concerns regarding this proposal and to date has not seen enough specifics. Spitzer stated he will not be available on October 5th, and as the President of the Burleigh County Township Officers Association, he should be offered the courtesy of a date change. Engineer Hall and Comm. Schonert urged Spitzer to meet with them to further discuss the issue and to provide answers to his questions prior to the public hearing. Michael Gunsch, Houston Engineering & Burleigh County Water Resource District, appeared regarding the Whispering Bay Bank Stabilization Easement, the request of Brent Levinson to encroach on the bank stabilization easement (ground level patio), and ratification of the Whispering Bay subdivision plat. Gunsch reported that the Whispering Bay Bank Stabilization (replacement) Easement was approved by the County Commission on December 1, 2008 but to date has not been executed or recorded. Gunsch recommended the Chairman execute and record the easement. Gunsch continued that the Water Resource District has no issue with the requested Levinson encroachment for the patio. Gunsch added that Levinson understands that he is under risk of removal of anything he places on the

easement. Gunsch stated that since the Bank Stabilization Easement has not been recorded, the encroachment agreement could be attached and duly recorded. Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the Levinson encroachment onto the Whispering Bay Bank Stabilization Easement on the bank stabilization easement subject to review by the State’s Attorney and to direct the recording of the encroachment agreement with the Bank Stabilization Easement. All members present voted “AYE.” Motion carried.Comm. Bitner then initiated a discussion on filling low areas along Yegan Road within Missouri Valley Complex (Lots 1 & 2, Block 1, Missouri Valley Complex Replat). Comm. Bitner noted that a component of the water & sewer line construction at the Complex included removal of a dirt berm. Bitner continued that initially the soil from the berm was to be used to fill the low lying areas on Lots 1 & 2, Block 2. Bitner reported that due to flood way restrictions filling these lots will require some surveying and engineering expense. The Commission by consensus authorized Comm. Bitner to direct the removal of the berm and subsequent disposal of the fill as he determines in the best interest of the county. HR Director Gall appeared with the following items for the Board’s consideration: a) request for FY 2010 Employee Compensation, b) update personnel policy, chapter 5: Family and Medical Leave. Gall stated that Department Heads had met and requested that the Board of Commissioners consider a zero cost-of-living adjustment and approves a one step-in grade employee salary increase for FY 2010 for workers who qualify. Gall continued that employees will receive anywhere from 2.15 percent increase to a 3.35 percent increase depending on where the employee is within their step-in-grade, the average increase will be 2.75 percent. Motion by Woodcox, 2nd Comm. Schonert, to approve for budget purposes a step-in-grade increase for employees for FY2010 for workers who qualify. All members present voted “AYE.” Motion carried. Gall then suggested a 3 percent increase for the commissioners since they are not part of the County employee step-in-grade plan. Chairman Peluso requested that Gall work towards including the Commission in the county salary step plan. Motion by Comm. Woodcox, 2nd by Comm. Schonert, to approve a 2.75 percent increase for the Board of Commissioners for FY2010. All members present voted “AYE.” Motion carried. Gall also recommended no changes be made to the county salary plan (salary ranges) for the year 2010. Motion by Comm. Schonert, 2nd by Comm.Woodcox, that no changes be made to the county salary plan (salary ranges) for the year 2010 as recommended by HR Director Gall. All members present voted “AYE.” Motion carried. By consensus, the Board agreed to table discussion on the Family and Medical Leave policy to allow time for further review. Auditor\Treasurer Glatt presented the following abatements for the Commission’s consideration, a complete copy of which is on file and available for inspection in the Burleigh County Auditor\Treasurer\Tax Equalization Office. Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the Holden and Wahl abatements as requested and recommended by Auditor\Treasurer Glatt. All members present voted “AYE.” Motion carried. Motion by Comm. Woodcox , 2nd by Comm. Schonert, to approve a $750 sponsorship grant for the NDACo Annual Conference to be held in Bismarck; to authorize the call for public hearings related to Special Assessment Districts #45 #48; to approve the Special Events liquor license application of the Burnt Creek Club (8/15/09); to authorize the publication of the annual weed cutting notice; and to approve the Certification of Significant Community Support for the Napoleon Municipal Airport Authority grant application with the USDA Rural Development and the ND Aeronautics Commission. All members present voted “AYE.” Motion carried. Motion by Comm. Bitner, 2nd by Comm. Woodcox, to authorize the purchase of a 16’ dump trailer from D & S Trailer Sales in the amount of $6044 with the expense to be split 50/50 between the county park fund and road & bridge fund. All members present voted “AYE.” Motion carried. On a motion made, seconded, and carried, the Board adjourned. Kevin J. Giatt,Auditor/Treasuer Jams Peluso, Chairman Burleigh County Park Board Minutes August 3, 2009 5:00 PM The Burleigh County Park Board convened a regular meeting with all members present except Comms. Armstrong and Wahl. Chairman Peluso called the meeting to order with the first item of business the approval of the minutes and monthly bills. Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the minutes of the July meeting as presented. All members present voted “AYE.” Motion carried. Comm. Bitner stated that he has reviewed the vouchers and recommends approval of the same. Motion by Comm. Bitner, 2nd by Comm. Woodcox, to approve the bills as presented. All members present voted “AYE.” Motion carried. Comm. Bement presented a brief boat ramp report noting all ramps were in good operating condition. On a motion made, seconded, and carried, the Park Board adjourned. Kevin J. Glatt, Auditor\Treasurer James Peluso, Chairman James Peluso COUNTY FUNDS FOR COMMISSIONER'S MINUTES 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: GENERAL FUND: $258,951.68 ROAD & BRIDGE: $421,125.95 SOCIAL SERVICES: $26,393.44 COUNTY POOR: $46,486.63 COUNTY LIBRARY: $4,743.39 INSURANCE: $389.00 SENIOR CITIZENS: $25,524.58 WATER RESOURCE DISTRICT: $22,067.79 COMMUNICATIONS CENTER: $15,923.86 VICTIM/WITNESS ADVOCATE: $729.79 CELLULAR PHONE TAX: $162,526.91 PROVIDENT BUILDING: $28,444.91 VETERAN SERVICE: $1,572.87 SOCIAL SECURITY: $51,980.72 COUNTY AGENT: $14,981.66 WEED CONTROL: $19,921.81 COUNTY PARK: $24,725.46 COUNTY FAIR: $4,823.35 SPECIAL ASSESSMENTS: PRAIRIE PLACE $6,905.40 STATE REVENUE: $970.64 SOIL CONSERVATION: $4,622.10 GARRISON DIVERSION: $5,534.05 WITNESS FEES $225.00 PRESERVATION FUND $1,822.00 STATE MARRIAGE LICENSE: $3,570.00 PREPAID TAXES: $2,609.80 MOBILE HOME TAXES $190.67 PROPERTY TAX RELIEF $27,762.00 24/7 SOBRIETY $1,582.00 RELIANCETELEPHONE CARDS: $4,640.00 FLOWERS FUND: $59.43 LAW ENFORCEMENT GRANT $44,764.95 PAYROLL FUND: July GENERAL FUND: $455,687.43 ROAD & BRIDGE: $133,625.03 SOCIAL SERVICE: $274,682.43 WATER RESOURCE DIST: $4,950.00 VICTIM/WITNESS ADVOCATE: $6,478.00 PROVIDENT BUILDING: $3,718.02

VETERANS SERVICE: $10,680.00 COUNTY AGENT: $5,448.00 WEED CONTROL: $2,340.00 COUNTY PARK: $1,560.00 The following fee report(s) were accepted: County Recorder: $45,159.40 Burleigh County Commission Minutes August 19, 2009 8:30 AM Chairman Peluso called a duly noticed meeting of the commissioners, all elected county officials, and those county officials serving in offices which were formerly elected, with each person present casting one vote, to elect Burleigh County’s delegate to the North Dakota Association of Counties for the 2009 & 2010 annual Association meetings. Auditor Glatt nominated Recorder Kroshus. As there were no further nominations a unanimous ballot of the elected officials in attendance was cast for Recorder Kroshus as Burleigh County’s delegate to the North Dakota Association of Counties for the 2009 & 2010 annual Association meetings. The Burleigh County Commission then convened the budget review meeting with all members present except Comm. Armstrong. Chairman Peluso called the meeting to order and briefly reviewed the agenda. Comm. Bitner reported that he has reviewed the bills and recommends payment of the same. Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve payment of the bills. All members present voted “AYE.” Motion carried. Finance Director Thompson appeared and presented an overview of submitted budgets and preliminary mill levies. The Board then conducted a review of the budget request for the various departments and funds with several elected officials and department heads present. Sheriff Heinert presented the Sheriff and Detention budgets. Heinert introduced Nancy Keating, Center Inc., regarding the funding request for Community Service & Misdemeanor Probation services (part of Detention Center budget). Keating requested continuation of the monthly funding for the adult supervised misdemeanor probation \ alternative sentencing options provided by the Centre Inc., at the same rate as 2009 ($2,000 per month). Tom Jones, Veteran’s Memorial Library, appeared regarding the library budget for 2010. Jones noted $10,000 of the budget request would be allocated for the Bookmobile replacement fund. Ellen Owen (Director), Burleigh County Council on Aging, appeared and presented the Council on Aging budget. The County Commission then discussed the Jail Maintenance & Construction mill levy. Comm. Schonert stated the proposed three (3) mill levy will do little in the way of financing any new jail addition. Schonert continued that any financing for a jail will require a public vote on a bond issue or use of sales tax monies. Comm. Schonert suggested reducing the 3 mill levy to 1 mill. Comm.Woodcox noted that within the last year the Detention Center has been totally updated and therefore suggests reducing the 3 mills to1/2mill. Sheriff Heinert agreed that the Jail Maintenance & Construction Levy is not the vehicle for financing a new jail or addition. Heinert stated however, the Jail Maintenance & Construction Levy could be used to fund architectural plans and specifications. Sheriff Heinert also noted he is requesting another full-time deputy, but only if he receives a National COPS grant to fund the position. Social Service Director Doe appeared and briefly presented the Social Service Dept 2010 budget. Doe noted the Social Service budget increased approximately $150,000 which is primarily related to salary and fringe benefit increases previously approved. Ken Royse, Chairman Burleigh County Water Management Board, and Michael Gunsch of Houston Engineering presented the 2010 Water Management budget. Gunsch presented information and cost estimates for several proposed Water Management District studies and projects. Comm. Woodcox expressed his concern over the amount of monies spent on studies. Comm. Schonert noted he will work with the Water Management District on their budget prior to the final budget hearing. Motion by Comm. Woodcox, 2nd by Comm. Schonert, to approve and adopt the Burleigh County 2010 Preliminary Budget as presented with a levy of ? mill for the Jail Maintenance & Construction Fund and to call for a public hearing on the budget on September 16, 2009. All members present voted “AYE.” Motion carried. County Recorder Kroshus appeared regarding approval of a contract with Simplifile for electronic recording of documents. Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve the contract with Simplifile subject to review and approval of the State’s Attorney. All members present voted “AYE.” Motion carried. HR Director Gall appeared regarding the update of the Personnel Policy, Chapter 5: Family and Medical Leave. Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the update of the Personnel Policy, Chapter 5: Family and Medical Leave as presented and recommended by the HR Director. All members present voted “AYE.” Motion carried Auditor\Treasurer Glatt presented the following abatements for the Board’s consideration: a complete copy of which is on file and available for inspection in the Burleigh County Auditor\Treasurer\Tax Equalization Office. Motion by Comm. Woodcox, 2nd by Comm. Schonert, to approve the Schauer, Schock, Lonnberg, Wilhelm, Mills, Bush, Spotted Bear, and Slagh abatements as requested. All members present voted “AYE.” Motion carried. Motion by Comm.Woodcox, 2nd by Comm. Bitner, to approve the Lost Instrument Surety Bonds to replace lost check #65400($18.90), #68429($387) and #76922($102.51). All members present voted “AYE.” Motion carried. On a motion made, seconded, and carried the Board recessed. Keven J. Glatt Burleigh County Auditor\Treasurer James Peluso Chairman BURLEIGH COUNTY COMMISION MEETING MINUTES August 26, 2009 12:00 Noon The Burleigh County Commission convened a special meeting (workshop) in the Conference Room of the ND Association of Counties Building with all members present. City of Lincoln Mayor Christmann, Kim Lee of Bismarck\Burleigh Community Development, County Engineer Hall, Road Supt Ness, Asst. County Engineer Dan Schriok, and Steve Grabill, Matt Kinsella, and Steve Windisch of Ultieg Engineers were also present. Chairman Peluso called the workshop meeting to order stating the purpose of this workshop is to build a better understanding of how Modern Roundabouts can accommodate our growing traffic control needs. Peluso noted this will be the only item of business and there will be no action taken on this issue, only discussion. County Engineer Hall presented some introductory comments and introduced Steve Grabill and Matt Kinsella of Ulteig Engineers, who presented information describing modern roundabouts, detailed current misperceptions of Roundabouts, and discussed how, when & why Roundabouts should be considered. Upon the conclusion of the presentation by Grabill and Kinsella an open question and answer session was conducted. On a motion made, seconded, and carried, the Board adjourned. Kevin J. Glatt, Auditor\Treasurer James Peluso, Chairman 9/12 - 604509

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