10/1/2008 – Public Notices

MINUTES OF REGULAR MEETING

MINNEWAUKAN CITY COUNCIL

September 18, 2008

A regular meeting of the Minnewaukan City Council was held September 18, 2008 at 5:30 p.m. at the Minnewaukan Library. Present were Mayor Yri and council members Rita Staloch, Steve Huffman and Connie Ambers. Also present were City Auditor Laura Weed, city maintenance man Verdeen Backstrom, Librarian Cathy Burkhardsmeier and Jeniva Djoseland.

A motion was made by Staloch to approve the agenda. Ambers seconded. The motion carried unanimously.

No action was taken on the library board agenda item.

A motion was made by Staloch to approve the minutes of August 14, 2008. Huffman seconded. The motion carried unanimously.

A motion was made by Huffman, seconded by Staloch, to approve the 2009 budget. This includes a three percent cost of living increase for personnel. The motion carried unanimously.

A motion was made by Staloch to approve a propane contract in the amount of $1.865 per gallon plus a 1 percent ND state highway tax. No additional fees are approved with this contract. The contract will be in effect through July 31, 2009.

The contract is for up to 10,000 gallons and the city is not responsible for any unused gallons.

Huffman seconded. The motion carried unanimously.

No action was taken on the vacated alleys agenda item.

The Employee Policy Manual was reviewed.

A motion was made by Huffman to pay all bills.

Ambers seconded. The motion carried unanimously.

FSA-BANK BUILDING FUND

AmeriPride $66.98

Clifton, J. 60.00

Huffman, S. 699.50

McQuoid’s Grocery 13.34

Otter Tail Power Co. 536.38

GARBAGE FUND

Double M Sanitation $2,912.00

GENERAL FUND

Backstrom, T. $21.21

Benson County Sheriff 300.00

Clifton, J. 691.00

DF Lighting 853.34

Grand Forks Fire 123.00

Home of Economy 35.99

McQuoid’s Grocery 3.39

ND One Call 4.96

ND Telephone Co. 106.13

Otter Tail Power Co. 215.26

Traynor Law Firm 100.00

Weed, L. 28.28

Payroll 1,298.04

LIBRARY FUND

Payroll $679.60

Postmaster 42.00

Minnewaukan Community

Club 35.00

STREET FUND

McQuoid’s Grocery $214.60

NDSU 70.00

Otter Tail Power Co. 610.70

Payroll 237.40

WATER FUND

Alltel $56.11

ND Dept. of Health 80.00

ND Telephone Co. 82.78

Northern Plains Electric 339.00

Otter Tail Power Co. 161.80

Payroll 2,368.72

There being no further business, the meeting adjourned.

Laura J. Weed

City Auditor

Curtis A. Yri

Mayor

MINUTES OF REGULAR MEETING

LEEDS SCHOOL BOARD

August 13, 2008

A regular meeting of the Leeds Board of Education was held August 13, 2008 at 8 p.m. Present were Young, Silliman, Larson, Leapaldt, Supt. Braaten, Principals Manley and Braaten and Business Manager Kathryn Benson. Mark Swanson was absent.

Also present was Emil Schoenfish, CPA.

Additions to the agenda: 6. Correspondence – thank you from K Lybeck; 8. New Business – approve D Stave 1/2 time contract; amend overtime policy; and secondary principal insurance.

The minutes of the annual meeting of July 16,

2008 and special meeting of August 5, 2008 were approved as written.

Emil Schoenfish presented the annual audit report for 2007/2008. It was moved, seconded and carried to approve and accept the 2007/2008 Auditors’ Report as presented.

It was moved, seconded and carried to approve the budget for 2008/2009 with total revenue of

$1,785,640.56 and expenditures of $1,934,613.06.

It was moved, seconded and carried to approve the request to add single plus dependent health policy to the secondary principal’s benefit package.

The co-op committee met August 5 to interview the only applicant for head coach of boys’ basketball and recommended hiring him to both school boards.

A motion was made and seconded to approve Mark Swanson as head boys’ basketball coach for the

2008/2009 season per committee recommendation.

Roll call vote was taken. Two members in favor, one opposed. The motion was approved.

Parents’ night was discussed.

Progress on the Deferred Maintenance Grant projects was reviewed.

The board read a thank you note from Melody Bracken and also a thank you note from Katrina Lybeck for the Medhus Scholarship.

It was moved, seconded and carried to approve the financial reports for July 2008 and approve all bills through August 13, 2008 for payment.

GENERAL FUND

B & H Oil Co. $330.60

Benson Co. Farmers Press 231.04

Braaten, Joel 49.50

CDW Government 158.11

Cenex Credit Card 65.75

Chad’s Amoco 1,588.03

Clear Education Solutions 93.80

Clute Office Equip. 399.00

Dakota Truck & Farm Service 453.50

Dakota Web Composers 60.00

Devils Lake Daily Journal 90.00

Dick Blick Company 87.68

Ecolab 105.50

Farmers Union Oil Co. 303.76

Gaffaney’s 17.49

Harlow’s Bus Sales 1,921.89

ITD 130.78

Johnson Clinic 102.00

Lake Region Sheet Metal 571.10

LaMotte’s Paint & Glass 31.50

Larson Implement 1.27

Leevers County Market 48.93

Lego Education 286.20

Mac’s 74.92

Minot Daily News 183.00

Nasco 172.29

NDCEL 640.00

NDSOS 400.00

ND Telephone Co. 254.17

OfficeMax 195.29

Otter Tail Power Co 616.05

PermaBound 153.11

Pierce County Tribune 34.00

Popplers Music 75.00

Praxair Distribution 19.50

Premier School Agendas 811.56

Quill Corp 361.94

Rolle, Gary 76.90

Rugby Lumber 337.12

Schoenfish, CPA, Emil R 2,560.00

Simplex 699.50

Stein’s 1,193.89

Ten Sigma 69.55

Towner County Med Center 139.75

USI 175.19

Workforce Safety & Insurance 2,331.39

World Almanac Education 246.32

Mrs. Braaten presented the elementary principal’s

report: elementary enrollment; kindergarten visitation; music K-6. A letter regarding peanut/tree nut allergies will be mailed this week to all families.

High school principal’s report: JH/HS enrollment; two foreign exchange students; registration for college algebra; college speech; college English; eight students have registered for Spanish I; PowerTeacher Webgrade online training; U-move-U-learn in-service on August 19; fall sports numbers for football and volleyball; and homecoming will be September 12.

It was moved, seconded and carried to approve the Certificate of Compliance.

It was moved, seconded and carried to authorize the business manager to destroy old records in accordance with ND Century Code 21-06-05 and 21-06-06.

It was moved, seconded and carried to approve the

2008 Certificate of Levy requesting $805,000 General Gund, 5 mills Technology levy, 3 mills Special Reserve levy and 5 mills Building Fund levy.

It was moved, seconded and carried to approve the 2008/09 teacher handbook.

It was moved, seconded and carried to approve the

2008/09 handbook for non-certified personnel.

It was moved, seconded and carried to approve the

2008/09 student policy handbook.

It was moved, seconded and carried to approve continuation of the Flexible Benefits Plan for employees.

The board reviewed pricing for milk and bread from LakeView Dairy, Tracy’s Market and Pan O’ Gold.

Consensus was to remain purchasing locally unless cost prohibitive. Prices will be monitored.

It was moved, seconded and carried to accept the resignation of Susan Braun as girls’ golf coach.

It was moved, seconded and carried to approve the first reading of the 403(b) Plan Document.

It was moved, seconded and carried to approve the first reading of the 409(a) Plan Document.

It was moved, seconded and carried to approve the amendment to the overtime compensation policy.

It was moved, seconded and carried to authorize the requirement of direct deposit for all employees.

It was moved, seconded and carried to approve a

1/2 time contract for vo. ag. instructor Dan Stave.

Mr. Braaten presented the superintendent’s

report: installing new stage curtains on August 22; football scoreboard; new director at NESC; Leeds Lutheran confirmation time; and the reorganization committee will meet to discuss possible reorganization boundaries for even distribution of district representation.

The next meeting is scheduled for September 17, 2008 at 8 p.m.

The meeting adjourned.

Kathryn L. Benson

Business Manager

Randy Silliman

President

MINUTES OF REGULAR MEETING

WARWICK CITY COUNCIL

August 4, 2008

A regular meeting of the Warwick City Council was held August 4, 2008 at 7 p.m. The meeting was called to order by Mayor George Evans. Council members present were Ron Jacobson, Nick Walter and Gary Elfman. Also present were State’s Attorney Jim Wang and property owner Dean Wallace.

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

Bills were presented:

UTILITY FUND

Mark Elfman $249.34

Otter Tail Power Co. 74.93

Waste Management 882.76

ND Dept. of Health 16.00

Hawkins 343.99

Team Laboratories 733.20

GENERAL FUND

Otter Tail Power Co. $155.72

Sandra Barber 210.00

Benson Co. Farmers Press 26.24

ND Insurance Reserve Fund 968.00

George Evans 150.00

Ron Jacobson 162.50

Nick Walter 150.00

Gary Elfman 162.50

Allyssa Christofferson 162.00

PROJECT ACCOUNT

Bank of North Dakota 1,447.50

Walter made a motion to pay the bills. Jacobson seconded. The motion carried.

Mr. Wallace and Mr. Wang were invited to the council meeting to discuss concerns over grain bins erected across from the school by Mr.

Wallace. The main concern at this time is the attraction of rodents this may bring and the proximity to the playgrounds.

There is no ordinance in place against this construction. There is, however, a one-year timetable for filing public nuisance proceedings should the city or a citizen decide to.

Council members will form a zoning committee to set new guidelines in place.

Next meeting will be September 8, 2008.

There being no further business, the meeting adjourned.

Sandra Barber

City Auditor

MINUTES OF REGULAR MEETING

KNOX CITY COUNCIL

September 19, 2008

A regular meeting of the Knox City Council was held Friday, September 19, 2008 at 7 p.m. at the Knox Fire Hall. Present were Mayor Lloyd Marchus and Aldermen Sharon Hart and J.P. Robbins. Also present was City Auditor Pat Robbins.

The meeting was called to order by Mayor Marchus.

Minutes of the last meeting were read. Alderman Hart moved for approval. Alderman Robbins seconded. Motion carried.

The financial reports were present.ed Alderman Robbins moved for approval. Alderman Hart seconded. Motion carried.

Alderman Robbins moved to pay the bills. Alderman Hart seconded. Motion carried. Bills paid for August were:

Waste Management $306.07

Otter Tail Power Co. 127.02

Farmers Union Oil Co. 36.88

Benson Co. Farmers Press 33.92

Pat Robbins 69.26

It was estimated the insulation in the fire hall was saving approximately $700 annually.

Discussion on outlots of the city continued from the last meeting. Ownership and taxes were discussed.

City Auditor Robbins presented the city budget for 2009. The budget was approved by the council and will be sent to the county auditor.

Mayor Marchus noted that there had been extensive tree trimming done in town in preparation for winter snow removal. Mike Schumacher remarked that he had been asked by his neighbors for help with trimming.

The next meeting will be Friday, October 17, 2008 at 7 p.m. at the Knox Fire Hall.

There being no further business, the meeting adjourned.

Pat Robbins

City Auditor

NOTICE OF EXECUTION SALE

STATE OF NORTH DAKOTA

COUNTY OF BENSON

IN DISTRICT COURT

NORTHEAST JUDICIAL DISTRICT

Civil No. 03-08-C-00093

North Star Community Credit )

Union, fka Benson County )

Co-op Credit Union, )

Plaintiff, )

vs. )

Discover Bank; Cach, LLC; )

Asset Acceptance LLC; and )

the United States of America, )

acting through the Internal )

Revenue Service, )

Defendants. )

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 3rd day of September, 2008, in an action wherein Discover Bank; Cach, LLC; Asset Acceptance LLC; and the United States of America, acting through the Internal Revenue Service were the defendants, in which decree it was adjudged that there was due and owing to the plaintiff upon said mortgage indebtedness the sum of Fifty-seven Thousand Three Hundred Sixty-eight Dollars and 78/100

($57,368.78) plus interest from August 18, 2008; 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 7th day of November, 2008 at 10 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, and described as follows:

A parcel of land located in Section Seventeen (17), Township One Hundred Fifty-two (152), Range Sixty-nine (69), described as beginning at the Section corner common to Sections Seventeen (17), Eighteen (18), Nineteen (19), and Twenty (20); thence due East along the Section line common to Sections Seventeen (17) and Twenty (20) a distance of one hundred sixty-five (165) feet to the point of beginning; thence due East six hundred (600) feet; thence due North two hundred fifty (250) feet; thence due West six hundred

(600) feet; thence due South two hundred fifty

(250) feet to the point of beginning.

Dated this 18th day of September, 2008.

BENSON COUNTY SHERIFF

BY: /s/ Steven J. Rohrer

Steven J. Rohrer

Sheriff of Benson County,

North Dakota

Gregory W. Tischider, Jr.

Attorney at Law

PO Box 668

Bismarck, ND 58502-0668

(701) 258-2400

(Publish Sept. 24 & Oct. 1 & 8, 2008)

IN THE DISTRICT COURT OF

BENSON COUNTY

NORTH DAKOTA

In the Matter of the Estate of Doren Dobbs Dickson, Deceased NOTICE OF HEARING NOTICE IS HEREBY GIVEN, THAT Sarah Kimberly Bauer has filed herein a Petition for Adjudication of Intestacy and Determination of Heirs.

The assets of the estate consist of the following described mineral interests:

A 15% interest in an undivided 1/32nd interest in and to all of the oil, gas, and other minerals in and under and that may be produced from the following described land located in Benson County, North Dakota, to-wit:

Township 151 North, Range 68 West

Section 25: S1/2 and NW1/4

Section 36: NW1/4

(20 mineral acres)

A 15% interest in an undivided 1/24th interest in and to all of the oil, gas, and other minerals in and under and that may be produced from the following described land located in Burleigh County, North Dakota, to-wit:

Township 143 North, Range 76 West

Section 30: SE1/4SW1/4; Lots 2, 3 and 4; SE1/4 Section 32: NW1/4 (20 mineral acres) A 15% interest in an undivided 1/20th interest in and to all of the oil, gas, and other minerals in and under and that may be produced from the following described land located in Emmons County, North Dakota, to-wit:

Township 134 North, Range 79 West

Section 11: E1/2NE1/4

Section 12: N1/2

(20 mineral acres)

A 15% interest in an undivided 1/12th interest in and to all of the oil, gas, and other minerals in and under and that may be produced from the following described land located in Kidder County, North Dakota, to-wit:

Township 137 North, Range 72 West

Section 32: SW1/4 and NE1/4

Section 31: SE1/4

(40 mineral acres)

A 15% interest in an undivided 1/8th interest in and to all of the oil, gas, and other minerals in and under and that may be produced from the following described land located in Mountrail County, North Dakota, to-wit:

Township 153 North, Range 91 West

Section 2: S1/2SW1/4

Section 11: N1/2NW1/4

(20 mineral acres)

A 15% interest in an undivided 1/16th interest in and to all of the oil, gas, and other minerals in and under and that may be produced from the following described land located in Rolette County, North Dakota, to-wit:

Township 159 North, Range 69 West

Section 23: SW1/4

Section 26: NW1/4

(20 mineral acres)

A 15% interest in an undivided 1/30th interest in and to all of the oil, gas, and other minerals in and under and that may be produced from the following described land located in Morton County, North Dakota, to-wit:

Township 135 North, Range 79 West

Section 18: Lots 1, 2, 3 and 4; SE1/4; SW1/4NE1/4; and E1/2W1/2 Township 135 North, Range 80 West Section 13: E1/2NE1/4 (20 mineral acres) A 15% interest in an undivided 1/8th interest in and to all of the oil, gas, and other minerals in and under and that may be produced from the following described land located in Wells County, North Dakota, to-wit:

Township 150 North, Range 68 West

Section 11: E1/2SE1/4 and S1/2NE1/4

(20 mineral acres)

Hearing has been set upon such Petition for Adjudication of Intestacy and Determination of Heirs on the 27th day of October, 2008 at 2:15 o’clock p.m. at the courtroom of the above-named Court in the City of Minnewaukan, County of Benson and the State of North Dakota.

Dated: September 24, 2008.

/s/ Sarah Kimberly Bauer

Sarah Kimberly Bauer – Petitioner

3470 David Circle

Colorado Springs, CO 80917

Adam D. Wogsland (ID #06226)

NILLES LAW FIRM

1800 Radisson Tower

201 North 5th Street

PO Box 2626

Fargo, ND 58108

Phone: (701)237-5544

Attorneys for Petitioner

First Publication Date: Oct. 1, 2008

(Publish Oct. 1, 8 & 15, 2008)

PUBLIC NOTICE

The Superintendent of the Fort Totten Agency, Bureau of Indian Affairs, United States Department of the Interior has made a final agency determination that the United States will acquire the following 1 tract:

(1) Legal Land Description: Section 6, T.152N., R.64W., 5th Principal Meridian, in Benson County, North Dakota, a parcel described by metes and bounds within Government Lots 1 and 2, surveyed and platted as shown in document number 177910, filed and recorded in Deed Book 77 on Page 565 at Benson County Register of Deeds Office, Minnewaukan, North Dakota; further described as follows, beginning at the SE corner of Lot 2, thence N 90? 0’0" on the South line of said Lot 2 for a distance of 420.75 feet, thence N 0? 00’00"

E a distance of 271.0 feet, thence N 73? 31’38" E a distance of 287.8 feet, thence N 42? 35’29" E a distance of 215.88 feet to Angle Point #13 on the Meander Line of Devils Lake as established by the BLM Dependent Resurvey Plat approved in 1972, thence S 70? 05’52" E along this Meander Line a distance of 302.92 feet, thence S 20? 51’15" W a distance of 101.44 feet, thence N 90? 00’00" W a distance of 188.06 feet, thence S 0? 00’00" E a distance of 313.62 feet to the South line of said Lot 1, thence N 90? 0’00" W on the South Line of Lot 1 a distance of 62.0 feet to the Point of Beginning, containing 4.78 acres more or less, all of which are located within an approved land consolidation area on the Spirit Lake Reservation in the name of the United States for the benefit of the Spirit Lake Sioux Tribe.

Title to the land acquired is being taken in trust for the tribe pursuant to Public Law 97-459, 96 Stat. 2515 (January 12, 1983). The United States shall acquire title no sooner than thirty days after this notice is published.

This notice is published in accordance with Title

25 Code of Federal Regulations section 151.12(b) (1997). Publication: 10/01/2008.

Leeds Public School District No. 6

NOTICE OF VACANCY

ON SCHOOL BOARD

Notice is hereby given that the Leeds Public

School District No. 6 shall appoint an eligible

candidate to complete the remainder of the term

of Mark Swanson, representative for Region 2

(Springfield, Irvine, Chain Lakes and DeGroat

Townships and Coulee Township north of Highway 2,

the east half of Leeds Township and the city of

Churchs Ferry). This term expires in June of 2009.

Any candidates for this position must file with

the school district business manager, before four

o’clock p.m. on Friday, October 10, 2008 a

statement setting forth his or her name and the

position for which that person is a candidate. A

statement that is mailed to the business manager

must be in the physical possession of the

business manager before 4 p.m. on October 10,

2008, the closing date. The candidate appointed

by the board will be required to complete and

file a Statement of Interests form SFN10172.

Selection and appointment will be made at the

regular board meeting on October 15, 2008.

Kathryn L Benson

Business Manager

(Publish Sept. 24 and Oct. 1, 2008)

ADDITION TO

MINUTES OF MEETING

ESMOND CITY COUNCIL

September 3, 2008

(Published Sept. 10, 2008)

The rural water progress was discussed and Mayor

Estagen Zimmerman went over with the council what

is left to do. The purchase agreement that was

between Rural Water and the City of Esmond was

discussed and Ellen Truax made a motion to accept

the purchase agreement, seconded by DeLores

Solway. The motion carried unanimously. Mayor

Zimmerman also stated that Rural Water would like

an interim contract made. He was going to contact

the city’s attorney to get this process started.

Misti Arnold

City Auditor