6/15/2005 – Public Notices
NOTICE OF EXECUTION SALE
CIVIL NO. 03-04-C-00142
IN DISTRICT COURT
NORTHEAST JUDICIAL DISTRICT
STATE OF NORTH DAKOTA
COUNTY OF BENSON
North Star Community Credit Union, )
Curtis Kenner aka Curtis D. Kenner )
and Kim Kenner, aka Kim D. Kenner, )
and the State of North Dakota acting )
through the North Dakota )
Department of Transportation, )
Notice is hereby given that by virtue of a Judgment and Decree in foreclosure rendered and given by the District Court in and for the County of Benson, North Dakota, Northeast Judicial District, entered and docketed in the office of the Clerk of said Court on the 5th day of May, 2005, in an action wherein Curtis Kenner aka Curtis D. Kenner and Kim Kenner aka Kim D.
Kenner, and the State of North Dakota acting through the North Dakota Department of Transportation were defendants, in which decree it was adjudged that there was due and owing to the plaintiff upon said mortgage indebtedness, the sum of Two Hundred Seventeen Thousand Six Hundred Four Dollars and 57/100 ($217,604.57) plus interest from April 28, 2005; by virtue of a writ of Special Execution to me issued out of the office of the Clerk of said Court, I will sell said property described in said Judgment and hereinafter described to the highest bidder for cash at public auction, at the front door of the Courthouse in the City of Minnewaukan, Benson County, North Dakota, on the 27th day of June, 2005, at 11:00 A.M., and on that day, to set aside the amount due to plaintiff with accrued costs as of the date of sale, or so much thereafter as the proceeds of said sale applicable thereto will satisfy.
The premises to be sold as aforesaid are located in the County of Benson, State of North Dakota, described as follows:
Township 153, Range 69
Section 3: N1/2S1/2
Dated this 23rd day of May, 2005.
BENSON COUNTY SHERIFF
BY: -s-Ned J. Mitzel
Ned J. Mitzel
Sheriff of Benson County
Gregory W. Tschider, Jr.
Attorney at Law
PO Box 668
Bismarck, ND 58502-0668
(Publish June 1, 8 & 15, 2005)
NOTICE TO CREDITORS
IN THE DISTRICT COURT OF BENSON COUNTY, STATE OF NORTH DAKOTA.
In the Matter of the Estate of Dorothy Jean Norheim a/k/a D. Jean Norheim a/k/a Jean Norheim, Deceased.
NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above estate. All persons having claims against the said deceased are required to present their claims within three months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be presented to Travis S. Peterson, personal representative of the estate, at PO Box 231, New Rockford, ND
58356 or filed with the court.
Dated this 2nd day of June, 2005.
-s-Travis S. Peterson
Travis S. Peterson
PO Box 231
New Rockford, ND 58356
PETERSON LAW OFFICES, P.C.
523 Central Avenue
New Rockford, ND 58356
Attorneys for Personal Representative
First publication on the 8th day of June, 2005.
(Publish June 8, 15 & 22, 2005)
NOTICE OF SALE
Civil No. 03-05-C-010
Notice is hereby given that by virtue of a judgment of foreclosure by the District Court of the Benson Judicial District in and for the County of Benson and State of North Dakota, and entered and docketed in the Office of the Clerk of said Court on May 9, 2005, in an action wherein Mortgage Electronic Registration Systems, Inc. was Plaintiff and Darrell Johnson; Roxanne Johnson; and any person in possession were Defendants, in favor of Plaintiff and against the Defendants for the sum of $50,414.35, which judgment and decree, among other things, direct the sale by me of the real property hereinafter described, to satisfy the amount of said judgment, with interest thereon and the costs and expenses of such sale, or so much thereof as the proceeds of said sale will satisfy; and by virtue of a writ issued to me out of the office of the Clerk of said Court, I, Ned J.
Mitzel, Sheriff of Benson County, North Dakota, will sell the property described in the Judgment to the highest bidder for cash at public auction at the front door of the Courthouse in the City of Minnewaukan in the County of Benson and State of North Dakota, on June 27, 2005, at the hour of 10:00 A.M. (Central Time), to satisfy the amount due, with interest thereon, and the costs and expenses of such sale, or so much thereof as the proceeds of such sale will satisfy. The property to be sold is situated in the County of Benson and State of North Dakota, and described as follows:
A tract of land located in the Southwest Quarter (SW?), Section Six (6), Township 151 North, Range 69, West of the 5th P.M., Benson County, State of North Dakota, being more specifically described as follows:
Commencing at the Southwest Corner of said Section; thence North 89?59’10"
East along the South line of said Section, 1,251.80 feet to the point of beginning; thence continuing North 89?59’10" East along the South line of said Section 30.00 feet; thence North 05?07’05" West, 682.88 feet; thence East, 300.00 feet, thence North 275.00 feet; thence West, 332.23 feet; thence South, 250.11 feet; thence South 05?07’05" East, 707.88 feet to the point of beginning a/k/a 4825 NE 35th Street, Maddock, ND 58348.
Dated May 18, 2005.
-s-Ned J. Mitzel
Ned J. Mitzel, Sheriff
Benson County, North Dakota
MACKOFF KELLOGG LAW FIRM
PO Box 1097
Dickinson, ND 58602-1097
Attorneys for Plaintiff
(Publish June 1, 8 and 15, 2005)
NOTICE TO CREDITORS
IN DISTRICT COURT, BENSON COUNTY, NORTH DAKOTA.
In the Matter of the Estate of George Krile, Deceased.
NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above estate. All persons having claims against the said deceased are required to present their claims within three months after the date of the first publication or mailing of this notice or said claims will be forever barred. Claims must either be presented to Bennie Krile, personal representative of the estate, at Moosbrugger, Carter & McDonagh, John Moosbrugger, 311 S 4th Street, Suite 101, Grand Forks, ND 58201, or filed with the court.
Dated this 1st day of June, 2005.
First publication on the 8th day of June, 2005.
(Publish June 8, 15 & 22, 2005)
MINUTES OF REGULAR MEETING
OBERON CITY COUNCIL
May 2, 2005
A regular meeting of the Oberon City Council was held on Monday, May 2,
2005 at 8 p.m. at the Oberon Community Center. Present were Mayor James Nelson and council members Carol Tweten, Pete Hager and Dale Stenberg.
Absent was Doug Schmid.
Minutes of the previous meeting were read. Stenberg moved to approve the minutes. Tweten seconded. Motion carried.
Bills were reviewed. Tweten moved to pay the bills. Stenberg seconded.
Motion carried. Bills approved for payment were:
General Fund $1,052.04
Center Fund 251.94
Highway Fund 201.34
Water Operating Fund 198.27
Sewer Operating Fund 110.82
Garbage Fund 860.87
The Secretary of State sent a list of places in the state that cannot, at this time, be issued a state gaming license, local permit or local charity permit. None will affect Oberon.
Brian Blotsky of the ND State Lab called to ask for the well house to be open at 7:30 a.m. on May 4 as he will be coming to take a water sample.
Paperwork for the new siren was returned to Homeland Security. On Wednesday, April 27 there was a test of the siren.
A letter was received from James Wang, Benson County state’s attorney, concerning Bob Stensland’s complaint about a house outside the city limits being connected to the city sanitary system. The minutes of the July 6,
1993 meeting clearly state that the family involved had written to the council asking permission to do so. The council granted the family the right to connect. The family owns land in the city limits, pays taxes to the city, paid water and sewer assessments for 30 years and pays the monthly fee.
On April 18 Bob Stensland called individuals in the city to ask them to sign a petition to close the bar. They refused.
Carol Tweten tendered her resignation effective May 16, 2005 as she is moving from the city. Hager moved to accept her resignation. Stenberg seconded. Motion carried.
Hager moved to ask Eloise Ploium to fill the vacancy. Stenberg seconded.
Next meeting will be June 6, 2005 at 8 p.m.
The meeting adjourned.
(Publish June 15, 2005)
OF THE BOARD OF
May 17, 2005
The Benson County Commissioners met in regular session on Tuesday, May 17,
2005 at 9 a.m. Commissioners present were Jason Lee, Curtis Hvinden, Ed Ripplinger and Dwain Brown. Barry Cox was absent. The meeting was called to order by Chairman Lee.
A motion was made by Brown, seconded by Hvinden, to approve the minutes of the regular meeting of May 3, 2005. All members voted yes. The motion carried unanimously.
Richard Peterson, Minnewaukan City Council, informed the board that an emergency disaster was declared for the city of Minnewaukan because of water infiltration that is damaging the streets.
A motion was made by Ripplinger, seconded by Hvinden, to reappoint Jason Lee to serve on the Northeast Nine Consolidation Committee for a period of one year commencing May 20, 2005. All members voted yes. The motion carried unanimously.
A motion was made by Hvinden, seconded by Ripplinger, to reappoint Carol Finley to the Benson County Housing Authority Board for a period of five years commencing June 1, 2005. All members voted yes. The motion carried unanimously.
A motion was made by Ripplinger, seconded by Hvinden, to appoint Dean Petska as public administrator for Benson County to replace Ken Hager. All members voted yes. The motion carried unanimously.
A motion was made by Brown, seconded by Ripplinger, to not pay the costs involved in placing a garbage dumpster at Wood Lake Park in Benson County.
All members voted yes. The motion carried unanimously. The board stated it may be agreeable to sharing the costs involved with other surrounding property owners as long as it would not have to oversee the project.
A motion was made by Hvinden, seconded by Ripplinger, to purchase two new computers for the Benson County Clerk of Courts Office. All members voted yes. The motion carried unanimously.
The board reviewed a letter from the Minnewaukan Community Club dated May 8, 2005 requesting that the leftover debris from the removal of the 4-H fair buildings be cleaned up. The board stated it would inspect the property to see what cleanup needed to be done.
The board reviewed the memo and minutes from the Devils Lake Basin Joint Water Resource District Board meeting of April 13, 2005, along with the itinerary for the 3rd Annual Joint Basin Board Tour.
A motion was made by Hvinden, seconded by Ripplinger, to have the chairman sign the revised Joint Powers Agreement for Purchasing between Benson County and the North Dakota Association of Counties dated May 9, 2005. All members voted yes. The motion carried unanimously.
At 10 a.m. Lonnie Hofer and Don Van Beek, ND State DEM; Rick Anderson, North Central Planning Council; Joe Belford and Bill Mertens, Ramsey County Commissioners; Kevin Fieldsend, Ramsey County road superintendent; Tom Bush and Owen Brendon, FEMA; Don Indvik, Wold Engineering; Dave Leftwich, ND DOT; and Gene Hager, Benson County road superintendent, met with the board.
Rick Anderson presented the board with a plan for a proposed alternate route from Hwy 2 east of Mauvais Coulee to Hwy 281. Anderson explained the reason why this route was chosen. Gene Hager stated that by using this route, nobody would be isolated should the lake rise to 1455′. Maintenance of the route was discussed. Hager commented that Benson County would be responsible for maintaining the portion of the roadway located in Benson County. He questioned whether or not pipes could be installed on the current Hwy 281 route north of Howard Dressen’s rather than a bridge. Dave Leftwich said this may be a possibility. Kevin Fieldsend informed the board that Ramsey County passed a motion to use the current Hwy 281 north of Howard Dressen’s rather than going with the proposed alternate route. Hager stated he believed this plan would be best for all involved. Leftwich indicated he would look into the ND DOT paying 15% of the costs involved for the alternate route.
The board reviewed maps of what portion of Hwy 281 would be covered with water if the level of the lake rose to 1460′. A motion was made by Hvinden, seconded by Brown, to not use the portion of the proposed alternate route lying east of the current Hwy 281. Rather, the current Hwy 281 route 4-1/2 miles north from the junction of Sec. 26, 25, 35 & 36 in Normania Township would stay in use along with three miles of roadway west of the junction of Sec. 26, 25, 35 & 36 in Normania Township. All members voted yes. The motion carried unanimously.
The board reviewed the Construction Engineering Services Agreement submitted by Wold Engineering on Project No. CER-3607(058). A motion was made by Hvinden, seconded by Ripplinger, to have the chairman sign the agreement. All members voted yes. The motion carried unanimously.
Laura Every and Curt Jacobson of REAP met with the board and explained the impact the REAP zone has on Benson County and the benefits received.
Jason Lee left the meeting at 11:50 a.m. The meeting was turned over to vice chairman Ripplinger. Dwain Brown left the meeting at 11:55 a.m.
Benson County Auditor
OF THE BOARD OF
May 26, 2005
The Benson County Commissioners met in special session on Thursday, May 26,
2005 at 10 a.m. at the Benson County Courthouse in Minnewaukan, ND. The purpose of the meeting was to open bids received on projects PW-603 and PW-604. Commissioners present were Curtis Hvinden, Ed Ripplinger and Jason Lee. Barry Cox and Dwain Brown were absent. Others present were Don Indvik, Wold Engineering; Robert Ebach, Ebach Construction; Gene Hager, Benson County road superintendent; Howard Schmid and Sigurd Olson, Lallie Township Board of Supervisors; Duane Huffman, West Bay Township Board of Supervisors; Clifford and Dean Johnson; James P. Wang, Benson County state’s attorney; and Todd Weber, Harvey Sand & Gravel. The meeting was called to order by chairman Lee.
James P. Wang, Benson County state’s attorney, reviewed the bid bond submitted by Ebach Construction. State’s Attorney Wang advised it was satisfactory to meet the bid bond requirements. He stated the contractor selected for the projects will need to obtain a contractor’s license. He recommended the bid of Ebach Construction be opened. The bid received from Ebach Construction was $249,740.
State’s Attorney Wang reviewed the bid bond submitted by Harvey Sand & Gravel. He advised it was satisfactory to meet the bid bond requirements.
He recommended the bid of Harvey Sand & Gravel be opened. The bid received from Harvey Sand & Gravel was $216,228.
Don Indvik, Wold Engineering, checked the bid tabulations for errors. He recommended the contract be awarded to Harvey Sand & Gravel which had the lowest bid. He stated the bid will then be submitted to FEMA for approval.
A motion was made by Ripplinger, seconded by Hvinden, to accept the low bid of Harvey Sand & Gravel pending the approval of FEMA and the respective townships. All members voted yes. The motion carried unanimously.
Don Indvik and Gene Hager discussed with the board the various ways the county and Lallie and West Bay Townships could share payment of the 15% local match for the projects.
A motion carried unanimously to adjourn the meeting.
Benson County Auditor
ADVERTISEMENT FOR BIDS
Cankdeska Cikana Community College
Fort Totten, North Dakota
Request for Bids: Bids for the construction of the Administrative Wing will
be received by the Owner, Cankdeska Cikana Community College at 214 1st
Avenue, Fort Totten, ND until 2:00 p.m., Friday, July 8, 2005. At that
time, proposals meeting bidding requirements will be opened and read aloud.
All bids received after the scheduled opening time will be returned to the
Bids will be received for the following classifications of work:
Combined Bid Construction
Copies of the drawings and specifications are on file at the office of the
Owner, the office of the Architect: Dumont & Associates, Architects, 201
College Drive, Devils Lake, North Dakota and at the following building
exchanges: Bismarck/Mandan, Devils Lake, Dickinson, Fargo, Grand Forks,
Jamestown, Minot, Williston, Rapid City, Sioux Falls and FW Dodge/Scan,
Bidding contractors having a current and proper class North Dakota
contractor’s license may obtain copies of drawings and specifications from
the office of the Architect upon a deposit of One hundred and no/100
dollars ($100) for each set. A Fifty and no/100 dollars ($50) refund shall
be issued to only bonafide unsuccessful bidding contractors returning such
sets in good condition to the office of the Architect within ten (10) days
Each bid shall be accompanied by a separate envelope containing a Bidders
Bond equal to the sum of five percent (5%) of the bidder’s highest total
bid combination, including all applicable alternates; executed by the
bidder as principal and by a Surety Company authorized to do business in
the State, conditioned that if the principal’s bid be accepted and the
contract be awarded to him, he, within ten (10) days after the notice of
award, will execute and effect a contract in accordance with the terms of
his bid and a contractor’s bond made payable to Cankdeska Cikana Community
College. Bid Bonds accompanying proposals must be in a separate envelope
from the bid in accordance with Section 48-01-04 of the North Dakota
In compliance with Section 43-07-12 of the North Dakota Century Code, each
contractor submitting a bid must have a copy of his North Dakota
Contractors License or Certificate of Renewal thereof issued by the
Secretary of State enclosed in the bid bond envelope; all bidders must be
licensed for the highest amount of their total bid combination, including
applicable alternates; and such license must have been in effect at least
ten (10) days prior to the date of the bid opening.
On the outside of the Bidders envelope the following information shall be
Name and Location of the Project
Name of the Owner
Classification of the Work
Name and Address of the Bidder
Address envelope to:
Dr. Cynthia Lindquist, President
Cankdeska Cikana Community
PO Box 269, 214 1st Avenue
Fort Totten, ND 58335
No bid shall be read or considered which does not fully comply with the
provisions herein as to bonds and licenses, and any deficient bid submitted
will be resealed and returned to the bidder immediately.
The Owner reserves the right to hold all legitimate bids for a period of
thirty (30) days after the date fixed for the opening thereof. The Owner
further reserves the right to reject any and all bids to waive
irregularities in bidding.
Dr. Cynthia Lindquist, President
(Publish June 1, 8, 15 & 22, 2005)
MINUTES OF REGULAR MEETING
OBERON SCHOOL BOARD
April 14, 2005
A regular meeting of the Oberon School Board was held on April 14, 2005
with board members Michelle Skadsem, Yvonne Thumb, Patricia Anderson, Barb
Hillebrand, Greg Thomas, Principal Kenneth Ploium and Business Manager
Janice Hager present.
A motion was made by Yvonne Thumb to approve the minutes of the March 3
meeting. Patricia Anderson seconded the motion. The motion carried unanimously.
The bills were presented for payment. Yvonne Thumb made a motion to approve
the payment of bills. Patricia Anderson seconded the motion. The motion
carried unanimously. Bills are as follows:
Troll Carnival Books 112.85
Cathy Allmaras 430.71
Surety Title Co 1,443.00
ND Reading Conference 197.00
Paul Stensland 399.94
Prairie Learning Center 258.30
Seaburg Drug 14.50
Computer Supplies 169.00
Mary Ann Broe 16.74
Blue Cross Blue Shield 3,232.50
Arrow Head Crafts 36.72
Kelly Inn 60.50
Veloy Vallier 59.10
Wonder Lanes 70.30
ND Telephone Co 126.23
Clayman Enterprises 26.25
Teachers Helper 24.95
Marlys Throlson 302.23
Bremer Bank 216.00
Center Coal Co 801.56
Warwick School 54.00
Summit Learning 108.75
Staff Development for
Farmers Union 779.58
Karen’s Place 110.00
Phoenix Learning Group 115.20
Viking Office Products 232.78
Pearson Education 79.80
Reliable Office Supplies 94.06
McGraw Hill Co 1,865.27
Learning Resources 154.50
Benson Co. Farmers Press 64.41
Zaner Bloser 68.60
Harcourt Achieve 1,118.97
City of Oberon 146.91
Schwan Wholesale 237.09
Hartley’s School Buses 132.57
Road King Inn 267.96
Ray Flying Nice 45.88
Cheryll Ellingson 11.78
Cindy Jelle-Ray 7.38
The annual school board election will be held on June 7. Filing deadline is
4 p.m. on May 5. The three-year terms of Michelle Skadsem and Barb
Hillebrand are up for election.
The board accepted the offer of $150 for a non-operating old school bus.
The tentative school calendar for 2005-2006 was reviewed. Barb Hillebrand
made a motion to approve the calendar. Yvonne Thumb seconded the motion.
The motion carried unanimously.
The accreditation report from DPI was reviewed by the board.
It was noted that Senate Bill 2333 was defeated.
Kay Douglas of the National Reading Styles Institute will be conducting a
training in reading styles for teachers at the school on April 19.
Upcoming events that were noted are: parent-teacher conferences on April 17
and awards day on May 17, the last day of school.
It was noted that a family fun night was held at the school on April 12.
Parents, students and teachers participated.
A motion for adjournment was made by Patricia Anderson. Barb Hillebrand
seconded the motion. The motion carried unanimously. The meeting adjourned.
DEPARTMENT OF HEALTH
PUBLIC NOTICE FOR APPROVAL OF A LIVESTOCK WASTE SYSTEM
June 15, 2005
PURPOSE OF PUBLIC MEETING
THE DEPARTMENT INTENDS TO ISSUE AN APPROVAL TO OPERATE A CONCENTRATED
LIVESTOCK OPERA-TION UNDER THE AUTHORITY OF SECTION 61-28-04 OF THE NORTH
DAKOTA CENTURY CODE. PERMIT INFORMATION
APPLICANT NAME: Jack Kallenbach
MAILING ADDRESS: 4236 38th Street NE, Esmond, ND 58332
TELEPHONE NUMBER: 701-249-3413
The application is for a proposed open lot feedlot facility which is to be
located two miles south and three miles east of Esmond, ND in the SE 1/4,
Section 2, Township 152 N, Range 71 W in Benson County. Public Notice
number ND-2005-021 was issued on June 15th, 2005 inviting comments on the
draft approval developed for this facility.
Comments should be directed to the North Dakota Department of Health,
Division of Water Quality, 1200 Missouri Avenue, Rm. 203, Box 5520,
Bismarck, ND 58506-5520. All comments received by July 14th, 2005, will be
considered prior to finalizing the approval. Should there be significant
public interest, an informational meeting, or public hearing will be
scheduled. Otherwise, the Department will issue the final permit within
sixty (60) days of the date of this notice.
Additional information may be obtained upon request by calling (701)
328-5210 or by writing to the above address. The complete application,
draft approval, and related documents are available for review and
reproduction at the Department. Copies of the draft approval and related
items are also available for review at the Post Office in Esmond, ND.
PUBLIC NOTICE NUMBER: ND-2005-021
other public notice sites:
statewide public notices