MINUTES OF REGULAR MEETING
ESMOND CITY COUNCIL
May 2, 2006
A regular meeting of the Esmond City Council was held May 2, 2006 at 7 p.m. at the Esmond City Hall. Present were Mayor Estagen Zimmerman, council members Walter Norman, DeLores Solway and Lance Alexander and city auditor Misti Arnold.
Absent was Eris Hoffner. Visitors were Marvelyn Leier, Sylvester Hoffner and Dennis Pederson.
A motion was made by DeLores Solway, seconded by Walter Norman, to approve the minutes of the regular meeting of April 3, 2006. The motion carried unanimously.
Marvelyn Leier, representing the VFW gaming, requested renewal of the gaming license. DeLores Solway made a motion to renew the license, seconded by Walter Norman. The motion carried unanimously.
Dennis Pederson asked if there was any ordinance that did not allow the community to have kennels for raising dogs. He had a complaint on his neighbors building a kennel and bringing dogs in and that they are barking at all hours of the night. Mayor Estagen Zimmerman replied that the only ordinance the city has is a leash law.
Sylvester Hoffner visited with the board on the health of council member Eris Hoffner. He would like to see that she would not run in the June election. He commented that she will not be able to attend future meetings and that he would fill in for her until her term is up if needed. Mayor Estagen Zimmerman and the council members discussed the matter and the city auditor is to find out further information on having Eris Hoffner’s name removed from the ballot.
A motion was made by Lance Alexander, seconded by Walter Norman, to pay all approved bills. The motion carried unanimously. The bills approved for April are as follows:
Terry Schwab $392.58
Misti Arnold 554.10
Sylvester Hoffner 69.27
Internal Revenue Service 481.95
Waste Management 1,246.91
ND Telephone Co. 54.58
Otter Tail Power Co. 756.45
Hawkins Water Treatment 24.99
Benson Co. Farmers Press 83.61
ND Public Health Laboratory 12.00
Display Sales 611.00
Benson Co. Highway Dept. 720.00
Farmers Union Oil 786.11
Rieger Service 46.25
Dennis Leier 75.00
Esmond Park Board 87.84
Surety Title Co. 977.00
Garbage rates were discussed and tabled until the contract is up with Waste Management.
Bids from Richard Vetter on fixing the jailhouse and the city hall were presented to the board.
The board accepted the bid to have the
improvements made on the city hall which would cost $1,762, but denied the improvements on the jailhouse. Mayor Estagen Zimmerman will look into what he can do on the jailhouse. Walter Norman made a motion to accept the bid on the city hall but not on the jailhouse, seconded by DeLores Solway. The motion carried unanimously.
Mowing bids from Donald Vetsch and Melissa Zimmerman were read to the council. Donald Vetsch’s bid was to do all mowing and trimming for $850 a month and Melissa Zimmerman’s bid was to do the same for $800. After discussion the board decided to go with Donald Vetsch’s bid.
Lance Alexander made a motion to accept the mowing bid from Donald Vetsch, seconded by Walter Norman. The motion carried unanimously.
Mayor Estagen Zimmerman asked the board for comments on writing a letter to Harvey on its celebration of 100 years. Harvey had done the same when Esmond celebrated its centennial.
DeLores Solway made a motion for Estagen Zimmerman to write a letter to Harvey on its celebration, seconded by Lance Alexander. The motion carried unanimously.
City Auditor Misti Arnold presented the board with the annual training for auditors to be held in Minot in June. DeLores Solway made a motion to send the auditor to training and to pay for all travel and hotel expenses, seconded by Walter Norman. The motion carried unanimously.
Citywide cleanup and free use of the dumpground was discussed and dates set for May 15-31. Grass trimmings and branches are the only items to be taken to the dumpground.
The next regular meeting will be held Monday, June 5, 2006 at 7 p.m.
A motion was made by Lance Alexander, seconded by DeLores Solway, to adjourn the meeting. The motion carried unanimously.
MINUTES OF MEETING
MINNEWAUKAN CITY COUNCIL
May 9, 2006
A regular meeting of the Minnewau-kan City Council was held May 9, 2006 at 5:30 p.m. at the Minnewaukan Senior Citizens Community Center.
Present were Mayor Curtis Yri and council members Richard Peterson, Mark Motis, Claudette Carlson and Cyndy Lund. Also present were city auditor Laura Weed, city maintenance man Verdeen Back-strom and librarian Cathy Burk-hardsmeier.
Motis moved that the minutes of the April 12 meeting be approved. Lund seconded. The motion carried unani-mously.
Obtaining a representative to Northern Plains RC & D was tabled until the June meeting.
A motion was made by Peterson to hold a second reading amending the ordinance for Chapter 8, Business Regulations and Licenses. Motis seconded. The motion carried unanimously. This change is in reference to 2 a.m. bar closing.
Business Regulations and Licenses
8.0615 Hours and Time of Sale – Penalty :
Anyone who dispenses or permits the consumption of alcoholic beverages on a licensed premises after two o’clock a.m. on Sundays, before eight o’clock a.m. on Mondays or between the hours of two o’clock a.m. and eight o’clock a.m. on all other days of the week or who so dispenses or permits such consumption after two o’clock a.m.
on Thanksgiving Day, on Christmas Day, or after six o’clock p.m. on Christmas Eve is guilty of an offense. Anyone licensed by the City governing body to sell alcoholic beverages may apply to the City governing body for a permit to sell alcoholic beverages under that license during the hours from twelve noon on Sundays to two o’clock a.m. on Mondays. The authority for issuing the permit rests solely with the City governing body.
The fee for this permit shall be set by resolution of the City governing body.
(Source: North Dakota Century Code Section 5-02-05, 5-02-05.1) Any licensee wishing to dispense or permit the consumption of alcoholic beverages between the hours of twelve noon on Sunday and two o’clock a.m. on Monday may apply for a Sunday alcoholic beverage permit from the City governing body. The fee for the permit is five dollars for each Sunday the licensee is allowed to sell alcoholic beverages (Source:
North Dakota Century Code Section 5-02-03,05.1) /s/ Curtis A. Yri Mayor
ATTEST: Laura J. Weed
First Reading: April 12, 2006
Second Reading and Final Passage: May 9, 2006 A motion was made by Peterson to refund back to the fire department and ambulance service a credit that was received from NDIRF. Motis seconded. The motion carried unanimously. The city auditor will speak to these entities to see if they want to carry their own insurance policies.
A motion was made by Lund to approve a building permit for Nichole Beecroft. Motis seconded. The motion carried unanimously.
A motion was made by Motis to accept the contract from Zimmerman Contracting, Inc. in the amount of $4,320 to crack seal the streets. Carlson seconded. The motion carried unani-mously.
A request was made to purchase approximately 660×100 feet of railroad property on the south end of Minnewaukan. A motion was made by Motis to deny the offer. Peterson seconded. The motion carried unani-mously.
The metered water hydrant item was tabled.
John Hennager asked the council to absolve the $200 that is still owed to the city for a previous lot purchase in lieu of the draining he had to do on this property. A motion was made by Motis to approve this request. Carlson seconded.
The motion carried unanimously.
The council asked that the Harlow Co-op Elevator be contacted regarding the bins that were placed on city property without permission. The council has asked that it make a formal request each year for the use of this property.
A motion was made by Peterson and seconded by Motis for the approval to purchase two tree benches for approximately $300. These benches will be placed in front of the FSA Building. The motion carried unanimously.
Flood control for the southeast section of town was discussed.
Yri asked for some clarification on the mayor’s expense account.
A motion was made by Peterson to pay all bills.
Lund seconded. Motis-no, Peterson-yes,
Carlson-yes, Lund-yes. The motion carried.
FSA-BANK BUILDING FUND
Huffman, S. 804.17
Lannie Simonson Building 1,950.00
National Flood Services 1,658.00
Otter Tail Power Co. 584.86
Waste Management, Inc. $3,018.75
Benson Co. Farmers Press $209.93
Frith & Steffan 50.00
ND Telephone Co. 111.31
National Flood Services 405.00
Otter Tail Power Co. 163.15
RC & D 100.00
US Postal Service 90.00
Weed, L. 211.65
Doubleday Book Club $32.97
Mystery Guild 111.36
National Flood Services $170.00
ND Public Health 96.00
Otter Tail Power Co. 565.36
Alltel Cellular $55.59
Backstrom, T. 182.50
Hawkins Chemical 3,080.50
ND Telephone Co. 83.83
Northern Plains Electric 358.49
Oddens’ Grocery 11.97
Otter Tail Power Co. 221.61
US Postal Service 300.00
There being no further business, the meeting adjourned.
Laura J. Weed
Curtis A. Yri
NOTICE TO PUBLIC OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
Date: May 17, 2006
Name: City of Maddock
Address: PO Box 276
City, State, Zip: Maddock, ND 58348
TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS:
The purpose of this notice is to identify two separate but related actions to be taken by the City of Maddock.
On or about June 2, 2006 the above-named City will request the North Dakota Division of Community Services (DCS) to release Federal funds under Title I of the Housing and Community Development Act of 1974 as amended for the following project:
Master Lift Station Improvements
To remove and replace the existing pumps and control panel in the master lift station, City of Maddock, Benson County, State of North Dakota $50,000 It has been determined that such request for release of funds will not constitute an action significantly affecting the quality of the human environment and accordingly the above-named City has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL 91-190).
The reasons for such decision not to prepare such Statement are as follows:
1. There will be no negative impacts on environment as a result of an activity project undertaken with CDBG funds.
2. Some increase in noise, dust or other nuisance levels may occur during construction, rehabilitation, reconstruction and/or demolition; however, such disturbances will be temporary and will cease on the completion of the activities which cause them.
3. None of the activities or projects to be undertaken will affect any known local, state or national historic, architectural or archaeological resource presently listed, or potentially eligible for listing, in the National Register of Historical Places or in any state or local Registry.
4. None of the activities or projects to be undertaken will affect or be affected by the 100-year flood plain.
5. No effect is expected on protected or endangered wildlife or vegetation.
An Environmental Review Record respecting the within project has been made by the above-named City which documents the environmental review of the project and more fully sets forth the reasons why such Statement is not required. This Environmental Review Record is on file at the above address and is available for public examination and copying upon request at North Central Planning Council between the hours of 8:00 a.m. and 4:30 p.m. Monday through Thursday.
No further Environmental Review of such project is proposed to be conducted prior to the request for release of Federal funds.
All interested agencies, groups, and persons disagreeing with this decision are invited to submit written comments for consideration by the City to the office of the undersigned. Comments should specify which notice, Finding of No Significant Impact, or Intent to Request Release of Funds, is being addressed. Such written comments will be received at North Central Planning Council, 417 5th St, PO Box 651, Devils Lake, ND 58301 on or before June 1, 2006. All such comments so received will be considered and the City will not request the release of Federal funds or take any administrative action on the project prior to the date specified in the preceding sentence.
City of Maddock will undertake the project described above with Community Development Block Grant funds from the DCS under Title I of the Housing and Community Development Act of 1974.
City of Maddock is certifying to the DCS that the City of Maddock and Kevin Winson, in his official capacity as Mayor consent to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval the City of Maddock may use the Block Grant funds and the State and HUD will have satisfied their responsibilities under the National Environmental Policy Act of 1969. The DCS will accept an objection to its approval only if it is on one of the following bases: (a) That the certification was not in fact executed by the certifying officer or other officer of applicant approved by the DCS; (b) That applicant’s environmental review record for the project indicates omission of a required decision, finding or step applicable to the project in the environmental review process; (c) The applicant has committed funds or incurred costs before release of funds and approval of the environmental certification by the State; or (d) That another Federal agency has submitted a written finding that the project is unsatisfactory from the view point of environmental quality. Objections may be addressed to the North Dakota DCS, 1600 East Century Ave, Suite 2, PO Box 2057, Bismarck, ND 58502-2057.
Objections to the release of funds on bases other than those stated above will not be considered by the DCS. No objection received after June 17,
2006 will be considered by the State.
PO Box 276
Maddock, ND 58348
ANALYSES OF THE
APPEARING ON THE BALLOT
JUNE 13, 2006
The following analyses are for the two
constitutional measures appearing on the statewide election ballot on June 13, 2006, as a result of legislative action. This publication is required by section 16.1-01-07 of the North Dakota Century Code to enable voters to become familiar with the effect of proposed measures.
The full text of each measure is available for viewing on the Secretary of State’s Web site at www.nd.gov/sos in the June Election Information section or by requesting a copy from either the Elections Division, Secretary of State’s office at (800) 352-0867, ext. 8-4146, or from the office of any County Auditor.
ANALYSIS OF CONSTITUTIONAL MEASURE NO. 1 Constitutional Measure No. 1 was placed on the ballot by action of the 2005 North Dakota Legislative Assembly with the passage of Senate Concurrent Resolution No. 4012 (2005 Session Laws, Ch. 622). If approved, it would amend section 16 of article XI of North Dakota’s Constitution.
This measure would remove obsolete age and gender references related to the state’s reserve militia and designate the state’s national guard as the active militia.
Voting "YES" means you approve the measure as summarized above. Voting "NO" means you reject the measure as summarized above.
ANALYSIS OF CONSTITUTIONAL MEASURE NO. 2 Constitutional Measure No. 2 was placed on the ballot by action of the 2005 North Dakota Legislative Assembly with the passage of House Concurrent Resolution No. 3055 (2005 Session Laws, Ch. 623). If approved, it would amend certain sections and repeal other sections of Article XII of North Dakota’s Constitution.
This measure would authorize the legislative assembly to provide by law for the regulation of business corporations; update older language to present-day practice; remove obsolete provisions related to railroads and banking; and permit corporations the option of determining the voting procedures for board of director candidates.
Voting "YES" means you approve the measure as summarized above. Voting "NO" means you reject the measure as summarized above.
NOTICE TO CREDITORS
IN DISTRICT COURT, BENSON COUNTY, STATE OF NORTH DAKOTA.
In the Matter of the Estate of Rose Theresa Dillerud, 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 Patricia Arne, personal representative of the estate, at 203 Kennedy Ave, Maddock, ND 58348, or filed with the Court.
Dated this 24th day of April, 2006.
James P. Wang
Main Street East
PO Box 211
Minnewaukan, ND 58351
Attorney for Estate
First publication on the 3rd day of May, 2006.
(Publish May 3, 10 & 17, 2006)
NOTICE OF LAPSE
OF MINERAL INTEREST
Please take notice that pursuant to Chapter
38-18.1 of the NDCC, that Frank S. Spencer and Orpha Spencer of Lebanon, Oregon are the record owners of Mineral Interests located on, in or under the following real property in Benson County, North Dakota, to-wit:
Twp. 151, Rge. 67
Sec. 1: NW? NE?
and that such mineral interest has remained unused for a period of 20 years immediately preceding this notice and that the surface owner intends to succeed to the ownership of such mineral interest.
The Nielsen Family Trust
Dated Feb. 8, 1995
PO Box 63
Oberon, ND 58357
Dated this 11th day of May, 2006.
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