4/23/2008 – Public Notices

NOTICE TO CREDITORS

IN THE DISTRICT COURT OF BENSON COUNTY, STATE OF NORTH DAKOTA.

In the Matter of the Estate of Gail Anderson, 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 Richard O. Anderson, 4531 47th Ave. NE, Esmond, ND, 58332, or filed with the court.

Dated this 11th day of April, 2008.

-s-Richard O. Anderson

Richard O. Anderson

Personal Representative

-s-Galen J. Mack

Galen J. Mack, Esquire

Attorney for Personal Representative

First publication on the 16th day of April, 2008.

(Publish April 16, 23 & 30, 2008)

MINUTES OF REGULAR MEETING

OBERON CITY COUNCIL

March 4, 2008

A regular meeting of the Oberon City Council was held March 4, 2008.

Present were Mayor James Nelson, Council members Doug Schmid, Pete Hager, Dale Stenberg, Eloise Ploium and City Auditor Jessi Knatterud.

A motion to approve the minutes of the last meeting was made by Schmid and seconded by Hager. The motion carried.

A motion to approve the bills was made by Hager and seconded by Stenberg. The motion carried. Bills are as follows:

Otter Tail Power Co. $736.88

Benson Co. Highway Dept 792.30

ND Telephone Co. 62.12

Benson Co Farmers Press 31.36

ND Dept of Health 193.60

IRS 275.40

Job Service ND 3.60

Waste Management 1,009.97

Corey Ploium 184.70

Jessi Knatterud 369.40

ND Public Health Lab 16.00

Benson County Treasurer 276.00

Items discussed were as follows:

The council is waiting to hear from Ft. Totten about the estimated cost of waste disposal. A reminder was given to send a letter to Corey Ploium about checking water meters and pipes, especially during extremely cold weather. Another letter will also be sent to those who have used water from the city during spraying season.

Schmid will check on changing the insurance policy for the city’s fire trucks. The 2007 city audit report is due by Sept. 2008. Council members that are up for re-election are Eloise Ploium and Doug Schmid.

The next meeting will be April 7, 2008 at 7 p.m.

A motion was made by Stenberg, seconded by Ploium, to adjourn the meeting. The motion carried.

Jesse Knatterud

City Auditor

James C. Nelson

Mayor

OFFICIAL PROCEEDINGS

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

April 1, 2008

The Benson County Commissioners met in regular session on Tuesday, April 1, 2008 at 8 a.m. Commissioners present were Dwain Brown, Curtis Hvinden, Michael N. Steffan, Lowell Haagenson and Jason Lee.

The meeting was called to order by Chairman Steffan.

Public Health Nurse Shelley Aabrekke met with the board to present her narrative report for April, 2008.

A motion was made by Lee, seconded by Haagenson, to approve the minutes of the regular meeting of March 18, 2008. All members voted yes. The motion carried unanimously.

Richard Peterson and Randy Thompson met with the board regarding opening old Hwy. #281 north of Minnewaukan. They stated the road is a necessity for the economy of Minnewaukan. Peterson stated the high gas prices have driven business away from the grocery story and the Spirit Water Inn. Thompson commented the road is needed for his business to stay open. Steffan stated it should be advertised that the road can be used for shore fishing by the public. The board assured Peterson and Thompson the road will be open this summer but the speed limit will be 25 mph.

The board reviewed a memo from the North Central Planning Council regarding 2008 CDBG scoring and ranking. The board also reviewed an e-mail response from Bob Frohlich, ND Game & Fish Dept., dated March 21, 2008 regarding Pelican Lake access.

A letter from the ND DOT dated March 18, 2008 was presented to the board giving notification of the bid opening for projects SC-0305(059), SC-0328(064) and SC-0328(065). Steffan and Hvinden agreed to attend the bid letting for the three projects.

The board reviewed a memo from the Devils Lake Basin Joint Water Resource District Board dated March 18, 2008 regarding the State Water Management Plan Update. The board was informed Mike Connor will be retiring as manager of the DLBJWRDB.

Highway Superintendent Gene Hager met with the board. He stated an agreement could be worked out with Ramsey County to fill the potholes on the portion of old Hwy. #281 north of Minnewaukan at a low cost to Benson County. Haagenson stated that if the potholes are filled, eventually there will be more maintenance needed and the agreement was to have no maintenance on the roadway. Hager questioned the liability to the county if traffic is allowed to drive on the road, but it is not kept trafficable. Hager stated portions of the roadway north of Hwy. #19 need to be maintained as there are people living along it. He requested the board pass a motion to place road restrictions/load limits on county roadways. Class II restrictions will be placed on paved roads and Class AA restrictions will be placed on the roadway near Oberon. A motion was made by Hvinden, seconded by Brown, to place the road restrictions/load limits on county roadways as requested effective April 1, 2008. All members voted yes. The motion carried unanimously. Steffan requested Hager do an inspection/assessment of the condition of the portion of old Hwy.

#281 north of Minnewaukan.

States Attorney James P. Wang came to the meeting at 9:53 a.m. Wang stated he believes some maintenance needs to be done on the portion of old Hwy. #281 north of Minnewaukan if it is going to remain open for travel. Steffan suggested the roadway be posted as a minimum maintenance road. Hager estimated the costs to fix the potholes to be $1,000. He stated no out-of-pocket expense will be incurred as Benson County could exchange work with Ramsey County. Hager and Kevin Fieldsend, Ramsey County Highway Superintendent, will view the road to get an estimated cost for repairing the potholes.

Lee asked Hager about his future retirement. Hager stated he offered the position to two individuals currently working at the road department but they have not consented to taking the position.

Steffan stated the position should be advertised. Hager said he considered keeping the emergency management position but it would not matter if he didn’t. Lee stated a person needs to be hired prior to Hager’s retirement so he/she may be trained.

At 9:10 a.m., the bid opening was held for the purchase of two new loaders for the highway department. Joe Mayer of Butler Machinery was present for the bid opening. The only bid received was from Butler Machinery of Minot, ND. The bid was in order and accompanied by the requisite bid bond. Chairman Steffan read the bid specifications. The bid received was for one or more 950H 2008 Caterpillar loaders that are Tier III compliant. The bid price was $186,765 per loader (less trade-in allowance of $105,000 per old loader). The interest rate would be four percent resulting in payments of $35,320 per year for five years. Mayer stated the new loader(s) would be delivered between May and August, 2008. The board discussed the surcharge on the road equipment rental fees. Steffan questioned if two loaders are needed by the road department or if the department could get by with one loader. Hager stated two loaders are needed. Mayer informed the board the bid given would be honored for 30 days. The financial status of the state revenue sharing fund was discussed with the county auditor.

A motion was made by Haagenson to reject the bid and not purchase any loaders at this time. Lee suggested tabling the decision and soliciting public bids on the old loaders. Mayer advised against this as the potential buyer would want the machine to use for work this summer so the department may not have a loader to use if the new loader is not delivered until August, 2008. Mayer stated the buy back price of $105,000 would still be honored if the board should choose to advertise for public bids at the time the new loaders were delivered. Lee seconded the motion by Haagenson. Hvinden opposed and the remainder of the board voted yes. The motion carried. Steffan suggested putting one of the loaders up for bid at the end of 2008.

Brown commented that one new loader should be purchased this year.

Wang presented the final draft of the Zoning Subdivision Amendment to the Benson County Zoning Ordinance along with a resolution for the board’s consideration. Wang stated the zoning board met March 27,

2008 and recommended the resolution be adopted.

Joe Engels of the Maddock Farmers Union Oil Company met with the board regarding an application for an anhydrous ammonia license.

Engels said the plant in Esmond was leased to Fessenden Co-op for the past several years but now it wants to operate jointly with the license to be in the name of Farmers Union Oil Company. He requested the board approve the application. A motion was made by Lee, seconded by Hvinden, to approve the application. All members voted yes. The motion carried unanimously.

The issue of passing a resolution for the Zoning Subdivision Amendment to the Benson County Zoning Ordinance as brought back before the board. A motion was made by Lee, seconded by Brown, to have the chairman sign the resolution based on the recommendation of the Benson County Zoning Board. All members voted yes. The motion carried unanimously.

The board discussed the possible additions to the to the Lake Region Law Enforcement Center for a residential re-entry center. The board reviewed the minutes and bills from the most recent Lake Region Law Enforcement Center board meeting.

A letter from Interstate Engineers dated March 28, 2008 was presented to the board regarding the North Central Rural Waste Consortium CONAC REAP Zone Rural Water Supply Project. A motion was made by Hvinden, seconded by Lee, to have the chairman sign the proposed letter granting the consortium approval to install rural water mains along and across township roads within the Second Commissioners District.

The board reviewed a letter from the North Dakota Insurance Reserve Fund dated March 10, 2008, regarding notice of the annual meeting.

A motion was made by Haagenson, seconded by Brown, to pay all other county approved bills. All members voted yes. The motion carried

unanimously. The following bills were paid:

Distribution to Entities $1,264,233.98

Social Welfare 6,012.26

Distribution to Entities 82,552.72

Aflac 735.52

Alltel 185.74

Barry Cox 76.50

Bonnie Erickson 202.00

Chad’s Amoco 382.10

Conseco Health Ins Co 108.30

Crossroads 109.12

Dean Petska 50.00

Erling Karlsbraaten 68.85

Farmers Union Oil-Mdk 138.17

Information Technology 436.95

James Wang 580.00

McQuoid’s Grocery 55.41

Maddock Mini Mart 370.27

Nationwide Retirement

Services 20.00

Olaf Nord 16.20

Otter Tail Power Co. 3,435.09

Paul Backstrom 18.00

Bismarck Ramkota Hotel 110.00

Ralph Olson 59.40

Steve Rohrer 75.00

Alltel 75.74

American Inn 110.00

Esmond City 25.50

Maddock City 83.90

Farmers Union Oil-Mdk 7,549.41

Farmers Union Oil-York 2,549.38

Otter Tail Power Co 404.68

Wold Engineering 435.42

Darryl Biby 75.66

Kory Jorgenson 100.41

Lyndon Olson 69.72

Tim Finley 71.16

Wanda Teigen 258.60

Christina Cloud 25.00

Minnewaukan City 104.95

Colonial Life Ins. 101.50

Jenae Johnson 25.00

LaMotte’s Paint & Glass 11.99

ND Assn. Of Counties 637.50

ND Recorders Assn. 75.00

ND Recorders Assn. 50.00

NDSU Extension 63.00

ND Telephone Co. 846.26

ND Telephone Co. 248.63

Protective Life Ins Co. 375.89

East Bay Camp Ground 449.00

Marketplace Motors 26,475.00

ND Motor Vehicle 36.50

ND Public Employees

Retirement 9,916.08

Nationwide Retirement 724.00

US Postmaster 82.00

Social Welfare 18,158.38

3D Specialties 2,163.51

B & H Oil 2,509.10

Butler Machine 562.26

Maddock City 75.50

Minnewaukan City 39.50

Direct Safety Co. 17.64

Farmers Union Oil-Mdk 2,512.79

Farmers Union Oil-York 1,312.38

The Glass Shop 1,260.80

Home of Economy 21.98

Harlow Elevator 65.20

Institute of Local Gov. 1,200.00

Johnson Plumbing Service 177.61

LaMotte’s Paint & Glass 66.68

Lannie Simonson Bldg. Co. 30.00

Lake Region Sheet Metal 46.50

Lyle Signs Co. 901.27

Mac’s 158.51

Dakota Implement 58.72

Gus’s Auto Parts 369.25

North Central Planning

Council 7,238.10

Nodak Electric Co-op 57.11

Northern Plains Electric

Co-op 89.00

Office Depot 64.77

Otter Tail Power Co. 531.07

Praxair Distribution Inc 9.01

Benson Co. Farmers Press 36.00

Quality Welding 22.50

Rieger Service 490.40

Spirit Lake Refuse 10.00

United Building Center 53.15

Wal-Mart 21.04

Alliance Management

Consulting 250.00

Bremer Bank 20.00

Benson Co. Hwy Dept 83.40

Benson Co. Transportation 800.00

Michael Steffan 143.00

Curtis Hvinden 143.00

Jason Lee 200.15

Dwain Brown 103.40

Lowell Haagenson 121.40

Dakota Fire Extinguishers 326.40

Dental Service Corp. of ND 3,391.42

Ellen Huffman 109.72

Hoiberg’s 26.15

Jean Olson 177.70

JS Vending 25.14

Kate Johnson 35.00

Leevers County Market 20.97

McQuoid’s Grocery 192.26

ND Assn. of Counties 700.00

ND Public Employees

Retirement 20,136.22

North Star Credit Union 216.80

Quality Photo 42.94

Prairie Public 150.00

Benson Co. Farmers Press 721.85

Steam Brothers 89.90

Scott Knoke 210.10

Service Tire 430.69

Surety Title Co. 29,826.00

Universal Services 65.00

Wal-Mart 27.60

MARCH, 2008 NET PAYROLL

County Agent 967.60

Emergency Disaster 985.42

VSO 942.74

County Road 21,337.23

Social Services 25,841.25

County General 33,443.91

The motion carried unanimously to adjourn the meeting at 10:50 a.m.

Bonnie Erickson

Benson County Auditor

Michael N. Steffan

Chairman

MINUTES OF REGULAR MEETING

WARWICK CITY COUNCIL

March 3, 2008

A regular meeting of the Warwick City Council was held March 3, 2008 at 7 p.m.

The meeting was called to order by Mayor George Evans. Council members present were Ron Jacobson and Gary Elfman.

Minutes of the previous meeting were read. Elfman made a motion to approve the minutes. Jacobson seconded. Motion carried.

Bills were presented:

UTILITY FUND

Mark Elfman $230.87

Otter Tail Power Co. 141.95

Waste Management 844.47

ND Dept. of Health 16.00

Hawkins 380.20

GENERAL FUND

Otter Tail Power Co. $152.27

Sandra Barber 210.00

Benson Co. Farmers Press 237.76

Workforce Safety &

Insurance 250.00

State Treasurer 200.00

Jacobson made a motion to pay the bills. Elfman seconded. Motion carried.

Elfman made a motion to accept the updated Waste Management Contract.

Jacobson seconded. Motion carried.

The next regular meeting will be April 7, 2008.

There being no further business, the meeting adjourned.

Sandra Barber

City Auditor

NOTICE TO CREDITORS

IN THE DISTRICT COURT OF BENSON COUNTY, STATE OF NORTH DAKOTA.

In the Matter of the Estate of Terry K. Axtman, Deceased.

NOTICE IS HEREBY GIVEN that Kenneth V. Axtman has been appointed Personal Representative of the estate of Terry K. Axtman, deceased.

Any creditor having a claim against the estate of the decedent is required to present such claim to the Personal Representative by mailing a written claim to the attorney for the estate at PO Box 2686, Fargo, ND 58108-2686, or by filing such claim with the District Court of Benson County, North Dakota. Claims must be presented within three (3) months from the date of the first publication of this Notice or be forever barred.

Dated March 25, 2008.

Kenneth V. Axtman

Personal Representative

Michael M. Thomas (#04215)

Conmy Feste Ltd.

406 Main Avenue, Suite 200

PO Box 2686

Fargo, ND 58108-2686

(701) 293-9911

Attorneys for Personal Representative

(Publish April 9, 16 & 23, 2008)

MINUTES OF REGULAR MEETING

OBERON SCHOOL BOARD

March 10, 2008

A regular meeting of the Oberon School Board was held March 10, 2008.

Present were Yvonne Thumb, Paula Deckert, Greg Thomas, Karen Peterson, Principal Kenneth Ploium, Assistant Principal Damian Kennedy and Business Manager Renae Kennedy. Patricia Anderson was absent.

A motion was made, seconded and carried to approve the minutes of the February 20 meeting as read. A motion was made, seconded and carried to accept the bills as presented.

Scholastic Book Club $257.17

Wal-Mart 46.03

North Shore Agency 53.00

ETA/Cuisenaire 254.98

ND Telephone Co. 106.92

Toshibia 76.61

Staples 75.43

Benson Co. Farmers Press 49.28

Anne Blake 199.52

Sara Hazle 100.52

Cindy Jelle-Ray 154.90

Damian Kennedy 115.65

Betty Rushfeldt 185.32

Kenneth Ploium 129.30

Paul Stensland 7.62

Colin Barstad 69.26

Farmer Union Oil Co. 2,075.59

Stringer Systems 139.54

Follett 154.04

E Central 10,388.75

Renaissance Learning 298.00

Remedia 75.87

McGraw-Hill 121.30

Really Good Stuff 145.17

Quill 174.55

Heart of America 111.36

US Food Services 141.01

The board has two applicants for the teacher openings.

A motion was made, seconded and carried to accept the 2008-2009 school calendar.

Raises for school employees were postponed until the next meeting.

The board will hold its three and five year district planning meeting April 14 at 4:30 p.m. It will be open to the public and a notice will be put in the paper.

Mr. Ploium went over the coming school activities.

Renae Kennedy presented the financial reports.

The next board meeting will be April 14 at 5:30 p.m. A motion to adjourn was made, seconded and carried.

Renae Kennedy

Business Manager

MINUTES OF TAX

EQUALIZATION MEETING

MADDOCK CITY COUNCIL

April 1, 2008

A tax equalization meeting of the Maddock City Council was held April 1, 2008 at the council chambers. Members present to answer roll call were Mayor Kevin Winson and council members Daniel Hoffert, Wayne Knatterud, Marilyn Allan and Rodney Maddock. Others present were assessor Ellen Huffman, Shelly Kallenbach, Donna Rice, Jason Lee, Kathy Knatterud and Beth Olson.

Assessor Huffman stated that she did a survey of all apartment buildings in Maddock. Things considered were square footage, age, condition, extras, rents and sale.

A motion was made by Maddock, seconded by Knatterud, to decrease the Parkview Housing Authority taxes by 25% from $134,880 to $101,160.

Huffman recommended that Maddock increase residential structure values by 5%. A motion was made by Maddock, seconded by Hoffert, to increase by 5%.

A motion was made by Maddock, seconded by Hoffert, to accept the property tax values as submitted by the assessor.

A motion was made by Knatterud, seconded by Allan, to purchase magnets with the City of Maddock’s Web address, to be handed out at the Maddock All- School Reunion.

A motion was made by Knatterud, seconded by Allan, to adjourn the meeting.

Pamela Lee

City Auditor

Kevin Winson

Mayor

(These minutes have yet been approved by the Maddock City Council.)

MINUTES OF REGULAR MEETING MADDOCK CITY COUNCIL April 7, 2008 A regular meeting of the Maddock City Council was held April 7, 2008 at the council chambers. Mayor Kevin Winson called the meeting to order at 6 p.m. Council members present for roll call were Daniel Hoffert, Wayne Knatterud, Marilyn Allan and Rodney Maddock. Also present were Frank Mosser, Keith Winson, Ned Mitzel, Travis Dillman, Mark Lithun, Brad Johnson and Lu Mathison.

A motion was made by Maddock, seconded by Hoffert, to approve the minutes of the regular meeting of March 3, 2008. The motion carried.

Maddock made one correction on wording from the special meeting on February 25, 2008. Maddock made a motion, seconded by Hoffert, to approve the corrected minutes. The motion carried.

A motion was made by Maddock, seconded by Hoffert, to approve the followings bills. The motion carried.

Employee Wages $4,502.08

Ramsey National Bank 1,441.44

State Tax Commissioner 110.14

Benson Co. Treasurer’s

Office 742.00

Border States Electric

Supply 872.54

ACME Electric 44.96

Northern Plains Electric 30,436.24

BlueCross BlueShield 2,277.60

Hawkins Chemical, Inc 928.45

Maddock EDC 250.00

Maddock EDC 225.00

Benson Co. Farmers Press 179.35

ND Health Laboratory 511.20

Maddock Mini Mart 510.75

Gus’s Auto Parts 123.68

Farmers Union Oil Co. 1,683.77

Rath & Mehrer, PC 3,800.00

Kevin Winson 33.75

Frank Mosser 96.40

Keith Winson 20.00

Priscilla Backstrom 25.00

One Call 3.72

Northern Water Works

Supply, Inc 3,127.64

Maddock Cafe & Lanes 141.14

Clute Office Equipment 537.35

Western Area Power Adm 6,058.90

ND Surplus Property 85.00

Marketplace Motors 165.93

Summers Mfg Co., Inc. 11.20

Interstate Engineering, Inc 900.00

Thrifty White Drug 79.62

Maddock Public School 50.00

Home of Economy, Inc. 15.14

Office of State Auditor 165.00

Swanberg Construction 21,408.00

Double M Sanitation 3,575.00

Florence Kallenbach 25.00

Ultra Tec Equipment Sales 382.00

Maddock EDC 2,057.18

Visa 451.19

Carol Backstrom 50.00

Keith Winson reported Swanberg Construction has completed the second filter at the water plant and everything is going well.

Mitzel updated the council on the break-in at NAPA.

Travis Dillman of Interstate Engineering was present and congratulated the council on being successful on receiving the CDB Grant from North Central Planning Council for the water transmission line project. He discussed the time line and the bid letting. Copies of the contract were presented. After reviewing, a motion was made by Allan, seconded by Hoffert, that Mayor Kevin Winson shall sign the contracts. The motion carried.

Brad Johnson was present to ask the council to sponsor a race car.

The council declined but suggested he check with the EDC.

A motion was made by Allan, seconded by Maddock, to apply for Magic City Funds to place a "Welcome to Maddock" sign south of Maddock, pending permission of the landowner. The motion carried.

Mark Lithun of Double M Sanitation was present to update the council on the garbage service.

Lu Mathison was present to update the council on the Horizons Committee, which is potentially planning another community dinner.

A building permit for James Melaas was presented. A motion was made by Knatterud, seconded by Allan, to approve the permit. The motion carried.

BlueCross BlueShield increases were presented to the council. A motion to give the employees continued coverage was made by Knatterud, seconded by Allan. The motion carried.

Maddock spoke in behalf of putting another Suite Retreat in the Maddock Business and Technology Center. Council members in favor to start construction were Knatterud, Maddock and Hoffert. Allan was opposed. The motion carried.

A motion was made by Knatterud, seconded by Hoffert, to get estimates for installing a new flag pole to display the ND flag at city hall.

The motion carried.

The next regular meeting will be May 5, 2008 at 6:00 p.m.

A motion was made by Knatterud, seconded by Hoffert, to adjourn the meeting. The motion carried.

Pamela Lee

City Auditor

Kevin Winson

Mayor

(These minutes have not yet been approved by the Maddock City Council.)