2/25/2009 – Public Notices


MINUTES OF REGULAR MEETING

MADDOCK CITY COUNCIL

February 9, 2009

A regular meeting of the Maddock City Council was called to order by Council President Rodney Maddock on February 9, 2009 at 7 p.m. in the council chambers at city hall. Council members present for roll call were Kent Neppl and Kay Feig. Absent were Mayor Kevin Winson and Marilyn Allan. Also present were Frank Mosser, Ned Mitzel, Debbie Tracy, Jan Trautman, Tom Gilbertson and Lori Knutson.

A motion was made by Feig, seconded by Neppl, to approve the minutes of the January 5, 2009 meeting. The motion carried.

A motion was made by Neppl, seconded by Feig, to approve the following bills. The motion carried.

Employee Wages $11,009.09

ND State Tax Commissioner 110.63

Ramsey National Bank 1,835.20

Benson Co. Farmers Press 53.30

Bismarck Floral 50.00

BlueCross BlueShield, Inc. 1,798.00

Debbie Tracy 427.92

Double M Sanitation 3,575.00

Durbin Excavation 1,116.84

Economic Development Assn. 100.00

Farmers Union Oil 180.13

Frank L. Mosser 1,204.50

Gus’s Auto 343.69

Hy-Z Wireless 36.91

LexisNexis 89.20

Library & Educational Services 56.90

Maddock Ag Day 75.00

Maddock Hi Tech 16.34

Maddock EDC 250.00

Maddock EDC 225.00

Maddock Mini Mart 1,458.75

Maddock EDC 1,067.42

ND Health Laboratory 32.00

ND Rural Water 75.00

Northern Plains Electric 44,611.48

Northern Water Works Supply

Inc. 2,259.74

ServiceMaster 132.00

Tyndale House Publishing, Inc. 35.79

Radisson Hotel 367.00

Visa 394.59

Western Area Power 6,442.17

Workforce Safety &

Insurance 1,405.11

ND Telephone Co. 474.96

Ramsey National Bank 1,698.10

State Disbursement Unit 75.00

ND State Tax Commissioner 101.65

ND Housing Finance Agency 125.00

Mosser discussed the maintenance agreement for the chip sealing project on 1st Street, which is scheduled for summer of 2009. He also brought up the yearly IRA he receives since he is no longer able to contribute to an IRA because of his age.

The council decided to write a check directly to him with taxes deducted.

Jan Trautman was present to discuss her janitorial position at the Multi-Purpose Building.

Tom Gilbertson and Lori Knutson were present and provided a quarterly report on behalf of the community center board, as requested.

Neppl reported the park board will have a Red Neck Ball April 4th at the Multi-Purpose Bldg. Bacchus will be the band.

Maddock Community Development Director Debbie Tracy was present and reported that she is working on daycare issues and welcome packages.

She explained to the council the acoustic problem in the Multi-Purpose Building and asked the council to donate $2,000 towards this project. A motion was made by Feig, seconded by Neppl, to have the city donate $2,000 to assist with the acoustic project and temporarily advance funds to be reimbursed as pledges come in. The motion carried.

Maddock read a letter from Mayor Kevin Winson resigning his position as mayor as of February 9, 2009. Neppl made a motion, seconded by Feig, to accept the letter of resignation and hereby declare a vacancy for the position of mayor. The motion carried. Maddock City Council President Rodney Maddock will be acting mayor.

A request for a building permit was submitted for Debbie and Ken Dosch for an addition to their house. A motion was made by Neppl, seconded by Feig, to approve the permit. The motion carried.

A request for a raffle permit was submitted by the Maddock Park Board. A motion was made by Feig, seconded by Neppl, to approve the permit. The motion carried.

A request for a liquor/beer permit was submitted by the Benson County Rodeo Association. A motion was made by Feig, seconded by Neppl, to approve the permit. The motion carried.

A discussion was held regarding Maddock Cable TV.

A motion was made by Neppl, seconded by Feig, to approve the rate adjustment for cable TV. The motion carried.

A motion was made by Feig, seconded by Neppl, to increase the mileage rate to the current federal rate and raise the rate as the federal rate increases. The motion carried.

The next regular meeting will be held at 7 p.m. Monday, March 2, 2009.

There being no further business the meeting was adjourned.

Pamela Lee

City Auditor

Rodney Maddock

Council President

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


RESOLUTION

EXCESS MILL LEVY

Albert Township

Benson County, ND

Supervisor Curt Kenner introduced the following resolution and moved its adoption:

THAT Albert Township submit to the electors of Albert Township that the legal levy be increased by 18 mills.

The motion was seconded by Supervisor Brian Maddock. Upon roll call the following voted

"Aye": Ralph Olson, Curt Kenner, Brian Maddock, Rodger Williams and Willard Westad. Those voting

"Nay": None. The resolution was declared carried.

NOTICE OF SPECIAL ELECTION

Albert Township

Benson County, ND


NOTICE IS HEREBY GIVEN that on March 17, 2009 at the polling place of the Ralph Olson farm in the Township of Albert, County of Benson, an election will be held in which the following question shall be submitted to the electors of Albert Township:

Shall Albert Township levy taxes for a five-year period commencing in 2009, which shall exceed the legal limit by $6,575 so that the taxes levied, instead of being $6,575, which is the limit

authorized by law, shall be $13,150? ( ) Yes or ( ) No.

BE IT KNOWN that the total income of Albert Township from the first day of January 2008 to the last day of December 2008 was $13,813.68 and that the total warrants issued for said period amounted to $21,177.28, resulting in a deficit for said period of $7,364.68.

BE IT FURTHER KNOWN that the expected

expenditures for each year of a five-year period commencing in 2009 are roughly equivalent to the $21,000 spent in 2008.

BE IT FURTHER KNOWN that the current tax levy of

18 mills, which produced $6,573.16 in income in 2008, is the legal maximum, but that a 100 percent excess levy is authorized for a five year period. If 60 percent of the qualified electors shall approve the above-stated question, the levy shall be increased to be the amount of 18 mills upon each dollar of taxable valuation, which increase would have produced $6,575 in additional income at 2008 valuations.

BE IT FURTHER KNOWN that said election will be opened at 7:30 p.m. and will continue open until 8:30 p.m. of said Albert Township.

(Publish Feb. 25 & March 4, 2009)


MINUTES OF REGULAR MEETING

KNOX CITY COUNCIL

February 13, 2009

A regular meeting of the Knox City Council was held Friday, Feb. 13, 2009 at 7 p.m. at the Knox Fire Hall. Present were Mayor Llody Marchus, Alderman JP Robbins and Auditor Pat Robbins.

Alderman Sharon Hart was absent. The meeting was called to order by Mayor Marchus.

The minutes of the last meeting were read by Auditor Robbins and approved. The financial reports were presented by Auditor Robbins and approved. Bills paid for January were as follows:

Waste Management of ND $281.35

Otter Tail Power Co. 305.34

Benson Co. Farmers Press 26.88

Snow Removal 865.00

P. Robbins (wage) 85.00

Internal Revenue Service 358.02

Workforce Safety 250.00

General discussion was held on the progress of the snow removal. With such a harsh winter, the city is still managing to stay within budget.

Discussion was held on improvements that would benefit the city due to some of the Hill property being sold. That property has been making parts of the city look like a junkyard.

Also improvements that need to be made at the park this spring were discussed — new basketball court poles, some new benches, etc. Auditor Robbins will contact the DOT in Devils Lake about a pump they are willing to release from a closed rest area, which will work well for the park.

The next meeting will be held Friday, March 13 at 7 p.m. at the Knox Fire Hall.

There being no further business, the meeting was adjourned.

Pat Robbins

City Auditor


MiINUTES OF REGULAR MEETING

LEEDS SCHOOL BOARD

January 14, 2009

A regular meeting of the Leeds Board of Education was held January 14, 2009 at 7 p.m. Present were Linda Young, Randy Silliman, Gene Larson, Brian Engstrom, Supt. Joel Braaten, High School Principal Jeff Manley and Business Manager Maria Dunlap.

The minutes of the previous meeting of December 17, 2008 were approved as written.

Bills approved for payment are as follows:

GENERAL FUND

Altru Clinic-Lake Region $130.00

Benson Co. Farmers Press 243.99

Blick Art Materials 210.44

Braaten, Carol 88.87

The Computer Store, Inc. 110.00

Dacotah Paper Co. 993.40

Dakota Web Composers, LLC. 120.00

Devils Lake Glass & Paint Co. 17.00

Farmers Union Oil Co. 600.06

Franklin Covey 45.92

Gaffaney’s, Inc. 215.65

Gerrells & Co. 82.70

Jaymar Business Forms, Inc. 51.30

Johnson’s Plumbing Service,

Inc. 266.54

Leeds LEA 28.34

Minot State University 266.67

ND School for the Deaf 4,176.00

NDASA 135.00

NDASSP 120.00

North Star School Dist. #10 442.00

OfficeMax 488.82

Praxair Distribution Inc. 19.50

Quill Corporation 301.12

Scott Electric 21.48

Tracy’s Market 182.28

USI Education & Government

Sales 145.69

Information Technology

Department 121.61

Leeds School Foodservice

Fund 842.50

Software Unlimited Inc. 450.00

B & H Oil Co. 2,287.45

ND Telephone Co. 300.94

Otter Tail Power Co. 3,416.68

Wal-Mart 127.48

ND Telephone Co. 303.88

Gay Leapaldt and Elementary Principal Carol Braaten arrived.

It was moved, seconded and carried to approve the second reading of the head custodian job description.

It was moved, seconded and carried to approve the second reading of the assistant custodian job description.

It was moved, seconded and carried to approve the second reading of the paraprofessional job description.

It was moved, seconded and carried to approve the General Fund loan of $4,000 to the Hot Lunch Program.

Mrs. Braaten presented the elementary principal’s

report: MAP testing; DIBELS assessment; scoliosis screening; NAEP testing; and Northern Prairie Performing Arts will present The Velveteen Rabbit on January 21.

Mr. Manley presented the high school principal’s

report: Financial Aid Night was rescheduled; Student Council American Cancer Daffodil Days; scoliosis screening; and the Northern Prairie Performing Arts will represent Huck Finn on January 21. Mr. Manley reported on the NDHSAA plan for basketball and volleyball.

The board reviewed the Pledge of Securities.

Mr. Braaten reported on NESC meeting, teachers’

in-service on January 19, 2009 in Devils Lake and JPA looking for state funding.

It was moved, seconded and carried to accept the LEA petition for negotiations.

The board reviewed the taxable valuation report.

It was moved, seconded and carried to hold the school board election Tuesday, June 16, 2009 from

11 a.m. to 7 p.m. at the Leeds Public School.

It was moved, seconded and carried to destroy the business records listed by the business manager.

Mr. Braaten presented the superintendent’s

report: boy’s basketball co-op; Northern Prairie Performing Arts from Fargo; pumps on oil furnace had to be replaced; and the Obama stimulus package — interested in replacing all windows, new flooring and some technology.

The next regular meeting is scheduled for February 18, 2009 at 7 p.m.

The meeting adjourned.

Maria Dunlap

Business Manager

Randy Silliman

President


SUMMONS

IN DISTRICT COURT

COUNTY OF BENSON

STATE OF NORTH DAKOTA

NORTHEAST JUDICIAL DISTRICT

JPMorgan Chase Bank, National)Association, as purchaser of the loans)and other assets of Washington Mutual) Bank, formerly known as

Washington) Mutual Bank, FA the "Savings Bank") from the Federal Deposit Insurance) Corporation, acting as receiver for) the Savings Bank and pursuant to its) authority under the Federal

Deposit) Insurance Act, 12) S.C. ? 1821(d), )

Plaintiff, )

vs, )

Mark Wheeler; Sharon Wheeler; )

and any person in possession, )Defendants. )

* * * * * * * * * * * * * * * * * * * * * * * * * THE STATE OF NORTH DAKOTA TO THE ABOVE NAMED DEFENDANTS:

You are hereby summoned to appear and defend against the Complaint in this action, which has been filed with the Clerk of Court or is herewith served upon you, by serving upon the undersigned a copy of an answer or other proper response within twenty (20) days after the service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. The original Complaint is filed with the Clerk of the District Court in the County in which this action is commenced.

This action relates to the foreclosure of a mortgage upon the following described real property in the County of Benson, State of North Dakota:

All of Lot Seven (7) and the South Half (S?) of Lot Eight (8), Block Two (2) of Kjorliens Addition to the City of Maddock, Benson County, North Dakota aka 408 Central Ave., Maddock, ND 58348.

The Plaintiff is not seeking a personal judgment against the above-named Defendants.

Dated February 17, 2009.

MACKOFF KELLOGG LAW FIRM

Attorneys for the Plaintiff

Office and Post Office Address:

46 West Second Street

P.O. Box 1097

Dickinson, North Dakota 58602-1097

Tel: (701) 227-1841

Fax: (701) 227-4739

By: Sandra K. Kuntz, Attorney #05186

THIS IS AN ATTEMPT TO COLLECT THE REFERENCED DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.

(Publish Feb. 25 & March 4 & 11, 2009)


OFFICIAL PROCEEDINGS

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

NORTH DAKOTA

February 3, 2009

The Benson County Commissioners met in regular session on Tuesday, Feb. 3, 2009 at 9 a.m. in the commissioner room of the Benson County Courthouse in Minnewaukan, ND. Commissioners present were Jason Lee, David Davidson, Curtis Hvinden, Lowell Haagenson and Michael N. Steffan. Also present was Richard Peterson of the Benson County Farmers Press. The meeting was called to order by Chairman Lee.

The board reviewed proposed SB2393 submitted by Senator Ryan Taylor which would allocate dollars to counties and townships for emergency snow removal.

A motion was made by Hvinden, seconded by Haagenson, to approve the minutes from the regular meeting of January 20, 2009 and the special meeting of January 23, 2009. All members voted yes. The motion carried unanimously.

A motion was made by Haagenson, seconded by Hvinden, to approve issuing a local gaming permit to the Harlow VFW Auxiliary. All members voted yes. The motion carried unanimously.

The board reviewed two bids received for new linoleum for the sheriff’s office.

State’s Attorney James P. Wang arrived at the meeting.

Dennis Weed met with the board to discuss serving as assistant highway superintendent until a new person is hired. Weed discussed snow removal and maintenance issues with the board. Weed questioned if road department employees are able to use county equipment for personal use. The board concluded that if the equipment is used for personal use, the employee would need to pay the same rate as is charged to the public for equipment use. Haagenson questioned if private contractors should be hired to assist with snow removal. Weed questioned the costs involved. Weed concluded he would talk with the blade operators to get their opinion on this issue. Weed stated some of the townships are abandoning roads because of excess snow. Weed questioned how long he is to serve as assistant highway superintendent. The board concluded he would serve until a new person is hired. Weed stated he will accept the temporary position. The board thanked Weed for accepting the duties.

Public Health Nurse Shelley Aabrekke met with the board to present her narrative reports for January and February 2009.

The townships for which debt to county is being levied met with the board. People present were Joe Binfet, Darrel Mitzel, Dale Pfeifer, Gary Sears and Erling Karlsbraaten. The board stated its concern with the dollar amount of the debt.

Wang explained how Certificates of Indebtedness works if the townships would consider using this method of repayment. Wang informed the township board members that the county is concerned with receiving payment of the outstanding indebtedness. Karlsbraaten explained that his township used the Certificate of Indebtedness method in the 1970’s. Haagenson stated his concern with the outstanding debt. Mitzel questioned if the snow plow in his area could clean some of the residential driveways, etc., when doing the county roads rather than making a separate trip out to the residences on another date. Haagenson explained that if each township levied debt to county, the county would not be able to function. Mitzel questioned if he is able to serve as a member of the Esmond Fire District and the Esmond Township Board and if he is a qualified elector of Esmond Township. Wang concluded Mitzel should vote where he spends the majority of his time and where he considers his residence to be. Karlsbraaten questioned if the commissioners would consider removing the interest from the amount owing on the debt to county townships. The board stated it would consider this. Mitzel questioned the progress on declaring an emergency disaster in the county.

Mitzel also questioned who would be overseeing snow removal in the township if the township disbanded. Binfet explained that the township board receives little compensation and the majority of the work as a township board member is volunteer. Pfeifer questioned how many years back the board will go as far as forgiving interest and how interest will be handled for other townships that are not levying debt to county.

Bob Yri of BTR Elevator met with the board to discuss the county possibly transferring some property back to BTR Elevator in the industrial park in Sec. 36-156-68. Yri stated the elevator is needing 40 acres for a possible project and BTR initially paid for the property. A motion was made by Steffan, seconded by Haagenson, to deed back the property as requested. All members voted yes. The motion carried unanimously.

Rod Lindstrom of Surety Title Company met with the board regarding the NDIRF policy for Benson County. He stated he wants to continue being the agent handling the NDIRF policy. He stated premiums will be the same regardless of who the agent is. Wang gave input that Lindstrom has done an outstanding job as far as he is concerned. Lee questioned if any employees who work for Lindstrom reside in Benson County. The board stated its concern that other insurance agencies will also want to write the policy.

Doug Arnston of Farmers Union Insurance met with the board and stated he is interested in writing the NDIRF policy for Benson County. He stated he reviewed the policy and informed the board of options available.

The board further discussed the transfer of property back to BTR Elevator.

A motion was made by Steffan, seconded by Haagenson, to keep Rod Lindstrom as the insurance agent to handle the NDIRF policy for Benson County. All members voted yes. The motion carried unanimously.

The board discussed hiring a new road

superintendent. Lee informed the board that Troy DeMarais made an offer to the board for wages and vehicle use. DeMarais requested pay of $3,500 and also requested a county vehicle to drive back and forth to work. The board discussed the pros and cons of allowing the new person the use of a county vehicle to drive back and forth to work.

The board also discussed how complaints to the road department are handled. Lee suggested offering the position to Dennis Weed to see if he is interested in the position. A motion was made by Steffan, seconded by Hvinden, to offer the position to Dennis Weed. All members voted yes.

The motion carried unanimously.

Tax Equalization Director Ellen Huffman met with the board regarding an application for inundated property on parcel # 02-0000-00346-000 and 02-0000-00345-000. Wang stated he researched information relative to this property and concluded the board should grant the application. A motion was made by Steffan, seconded by Haagenson, to approve the application. All members voted yes. The motion carried unanimously.

The board discussed the issue of allowing Devils Lake Equipment to place equipment on the radio tower on Rangen Hill. A motion was made by Haagenson, seconded by Hvinden, to charge $1,000 annually to Devils Lake Equipment for placing equipment on the tower. Wang will write a liability agreement between the county and Devils Lake Equipment. All members voted yes. The motion carried unanimously.

Morris Holen Jr. met with the board regarding the proposed stimulus payment coming to Benson County. He stated that the Wood-Rutten Road paving project is being held up because the state will not allow the project to continue unless the 1% materials tax charged by the Spirit Lake Tribe is removed. Davidson explained that the tribe has made no definite decision whether or not to remove the tax. Holen stated a final decision needs to be made on the Wood-Rutten Road paving project by March 2009. Holen requested approval to send a letter to the ND DOT setting out the proposed plan for the stimulus money if received.

Holen explained that the stimulus money could not be used for Old Hwy. #281 from the Brinsmade Road north. A motion was made by Steffan, seconded by Haagenson, to approve the letter be sent to the ND DOT. All members voted yes. The motion carried unanimously.

Holen also discussed whether or not to use fog coat on the upcoming chip seal projects. The board reviewed two letters from the ND DOT dated January 23, 2009 regarding projects SC-0328(066) and SC-0319(061) along with the construction and maintenance agreement, right-of-way certification letter and utility certification. A motion was made by Hvinden, seconded by Steffan, to have the chairman sign the documents. All members voted yes. The motion carried unanimously. The board concluded a fog coat should be placed on the chip seal projects. Holen discussed issues presented at the recent engineers convention.

The board reviewed the mileage/activity report for the sheriff’s department for December 2008.

The board also reviewed the minutes and information from the October 28, 2008 meeting of the Lake Region District Health Unit.

A motion was made by Steffan, seconded by Haagenson, to allow the sheriff to spend $1,705 for new linoleum for his office. All members voted yes. The motion carried unanimously.

The board reviewed a State Assistance Fact Sheet (Snow Removal Policy 2009-2) and Snow Assistance Policy.

The board reviewed and discussed the monthly county bills along with the bills paid by Benson County Transportation. A motion was made by Haagenson, seconded by Davidson, to pay all county approved bills. All members voted yes. The motion carried unanimously. The following bills were paid:

Farmers Union Oil-York $2,157.69

ND Safety Council 395.00

ND Telephone Co. 159.54

Otter Tail Power Co. 478.48

Benson Co. Highway Dept. 3,010.27

Distribution to Entities 60,326.47

Social Welfare 7,052.08

Garrison Diversion Dist. 3,497.38

ND State Treasurer 6,921.57

Distribution to Entities 703,879.80

Darrell Johnson 500.00

Alltel 65.22

Esmond City 25.50

Farmers Union Oil 8,587.75

Aflac 858.63

Alltel 182.03

Chad’s Amoco 152.17

Minnewaukan City 100.95

Conseco Health Ins. Co. 61.00

Dean Petska 50.00

Information Technology Dept. 434.60

James Wang 638.00

Maddock Mini Mart 176.10

Nationwide Retirement Services 20.00

ND Telephone Co. 599.86

Benson Co. Transportation 3,200.00

Colonial 17.33

Computer Software Assn. 1,980.00

Dental Service Corp. of ND 3,354.48

Job Service 4,639.32

State Tax Commissioner 4,959.37

State Tax Commissioner 1,114.60

Protective Life Ins. Co. 129.28

Internal Revenue Service 3,875.78

State Tax Commissioner 200.00

Nationwide Retirement

Solution 1,079.00

ND Public Employees

Retirement 9,640.57

Advanced Business Methods 482.65

Social Welfare 10,352.31

Acme Electric 279.99

B&H Oil 2,641.65

Butler Machine 5,045.70

Maddock City 127.10

Minnewaukan City 40.50

Farmers Union Oil-Mdk 1,610.95

Home of Economy 329.25

Harlow Sanitation 15.00

Hoiberg’s 17.63

Hy-Z Wireless 34.95

Jarvis Hegland & FUO-Mdk 1,750.00

JS Vending Inc. 77.58

Mac’s Inc. 634.93

McQuoid’s Grocery 16.69

Moller’s Inc. 257.49

Dakota Implement 165.20

Nodak Electric Co-op. 340.54

Northern Plains Elec. Co-op. 101.00

Otter Tail Power Co. 542.83

US Postmaster 267.00

Power Plan (RDO Equip) 2,796.65

Quality Welding 51.10

Wal-Mart Community BRC 88.79

Darryl Biby 74.31

Tim Finley 72.06

Wanda Teigen 697.98

Cass County Tr. 198.00

Clute’s Office Equip. 219.18

Michael Steffan 135.00

David Davidson 156.50

Curtis Hvinden 126.00

Jason Lee 95.85

Lowell Haagenson 106.20

Center for Rural Health 25.00

Delores Scherr 21.60

Erling Karlsbraaten 69.30

Epsilon Sigma Phi 60.00

Gilbertson Funeral Home 415.00

Hoiberg’s 11.22

Jean Olson 98.15

JS Vending Inc. 68.25

Klemetsrud Plumbing &

Heating 7.67

LR Law Enforcement Ctr. 4,196.14

Lake Region Dist. Health 12,147.00

NDCAA 75.00

NDEMA 50.00

ND Public Employees

Retirement 19,796.66

NDSU Extension Service 32.00

ND VSO Association 50.00

Prairie Public 150.00

Benson Co. Farmers Press 1,280.75

Research Extension Center 50.00

Richland Co. Auditor 47.28

Ralph Olson 59.40

Service Tire 65.89

Tony McDonald 25.00

ND Game & Fish 30,993.00

Senior Meals & Services 5,163.00

JANUARY 2009 NET PAYROLL

County Agent $1,039.49

Emergency Disaster 862.74

VSO 1,389.06

County Road 24,401.16

Social Services 25,008.12

County General 38,272.93

A motion was made by Hvinden, seconded by Haagenson, to transfer $75,000 from the County Poor Fund to the Social Welfare Fund. All members voted yes. The motion carried unanimously.

The motion was made by Hvinden, seconded by Steffan, to declare a state of emergency in Benson County due to excess snow. All members voted yes. The motion carried unanimously.

The board discussed having a Web site created for Benson County. The estimated cost is $100 month.

Davidson discussed a business possibly coming in to build on property which was formerly used for the Mission Bay Market business.

A motion passed to adjourn at 1:15 p.m.

Bonnie Erickson

Benson County Auditor

Jason Lee

Chairman


MINUTES OF REGULAR MEETING

LEEDS CITY COUNCIL

November 3, 2008

The Leeds City Council met in regular session on November 3, 2008 at 6 p.m. at Leeds City Hall.

Present were Mayor Lloyd Himle, council members Lori Nelsen, Betty Anderson and Jeff Jacobson.

Also present was City Attorney Mark Butz.

A motion was made by Jacobson, seconded by Anderson, to grant a gaming permit to the EDC for a 21 table at KJ’s. The motion carried. Nelsen abstained.

A motion was made by Anderson, seconded by Jacobson, to borrow from United Community Bank the funds needed to purchase the land next to the dump grounds. The land will be purchased from Terry Aronson for $10,000. The motion carried.

Nelsen was given permission to order safety vests from Northern Water Works through the city account for the ambulance. The account has already been set up and the ambulance will be billed.

The water tower was discussed. The H & H Coatings estimate was reviewed and discussion was held regarding what work to do now. The recirculation pump has to be replaced but the cleaning and strut work will hold until spring. A motion was made by Anderson, seconded by Nelsen, to purchase two high head pumps with brass impeller and have H & H Coatings install them as well as do the insulation work. Himle will purchase the pumps. The motion carried.

Discussion was held regarding the city employee position still available. A probationary period was discussed for whomever is hired. It was decided that this would include a starting wage of $10/hour, 6 months probation with wage increase and single health plan at that time. The first certification will be needed in order to gain the wage increase and health plan. A motion was made by Jacobson, seconded by Nelsen, to accept this decision. The motion carried.

Interim employee payment is now $10/hour.

Discussion was held on whether to keep it there or increase the hourly wage. The council saw no reason to increase the hourly amount.

A motion was made by Anderson, seconded by Jacobson, to approve the Interstate Engineering Progressive Estimate #3 payment. The motion carried.

A motion was made by Nelsen, seconded by Anderson, to hire Himle to fix the chlorine injector valve.

A motion was made by Anderson, seconded by Nelsen, to approve minutes of the October meeting. The motion carried.

A motion was made by Jacobson, seconded by Nelsen, to pay bills. The motion carried. Bills are as follows:

Salaries $2,654.78

Aaron Dalgleish 7.50

Benson Co. Farmers Press 83.00

Mark Butz, Attorney 600.00

Chad’s Amoco 244.30

One Call Concepts 2.48

Hawkins 263.75

NPEC 443.69

Rugby Sanitation 3,400.00

Doubleday 61.42

Diane Hoffman 62.32

ND Telephone Co. 116.43

Otter Tail Power Co. 1,423.24

UCB 401.68

Leeds Airport Authority 188.93

There being no further business, the meeting was adjourned.

Tammy Urness

Auditor

Lloyd Himle

Mayor


MINUTES OF REGULAR MEETING LEEDS CITY COUNCIL December 1, 2008 The Leeds City Council met in regular session on December 1, 2008 at 6 p.m. at the Leeds City Hall. Present were Mayor Lloyd Himle, council members Lori Nelsen, Betty Anderson and Jeff Jacobson. Also present were Mark Butz and Aaron Dalgleish.

A motion was made by Anderson, seconded by Nelsen, to approve the minutes of the November 3,

2008 meeting as read. The motion carried.

Joann Brager and Kimberly Yineman from the North Dakota Department of Health and the ND Oral Health Coalition visited with the council regarding fluoridation of the water in Leeds. The council will be reviewing data and checking resources regarding this issue.

The council discussed and read the resignation letter from council member Cal Schlieve. A motion was made by Jacobson, seconded by Anderson, to accept the resignation of Calvin Schlieve. The motion carried.

A motion was made by Nelsen, seconded by Jacobson, to accept the report dated November 6,

2008 from the Department of Emergency Management. The motion carried.

Discussion was held regarding taping the city council meetings in the future. Mark Butz is going to explore this venue for the city.

Water rates were discussed and will remain on the agenda over the next few months. Residents will be made aware of this and the council will welcome comments and ideas.

Jacobson talked about Leadership Plenty, the next phase for the Horizons Program. Study circles have finished and the group is moving on at this point.

Discussion was held about possibly getting a plow for the city truck or pickup. Aaron Dalgleish will check with Surplus Supply and with Benson County.

It was brought up that Ritterman’s loader is in the NPEC shop and the city’s sander is being stored in Rio Himle’s shop, the former Larson Implement building.

The recirculation pumps are installed and working in the water tower.

A motion was made by Anderson, seconded by Jacobson, to approve bills with the exception of Durbin Excavating until further explanation by council member Anderson. The motion carried.

A motion was made by Anderson, seconded by Nelsen, to approve the Christmas bonuses for the auditor and dump ground person. The motion carried.Bills are as follows:

Salaries $4,980.81

Aaron Dalgleish 13.86

Tracy’s Market 14.76

Ramsey County Recorder 10.00

Benson Co. Farmers Press 174.08

UCB Insurance 1,668.00

Leeds Lutheran Cemetery 1,117.00

Trees For Less 575.00

H & H Repair 31.49

Benson County Highway 265.92

Chad’s Amoco 72.75

Dakota Implement 162.20

Railroad Management 90.75

Susag Sand & Gravel 68.00

Ritterman Trucking 216.40

Ritterman Trucking 3,975.00

NPEC 681.71

Hawkins 957.77

City of Minot 60.00

One Call Concepts 2.48

Fargo Water 971.71

L & H Plumbing 184.59

Rugby Sanitation 3,400.00

Diane Hoffman 19.24

ND Telephone Co. 103.78

Otter Tail Power Co. 896.36

Postmaster 84.00

UCB 981.36

Mystery Guild 19.98

Leeds Airport Authority 188.93

There being no further business, the meeting adjourned.

Tammy Urness

City Auditor

Lloyd Himle

Mayor


MINUTES OF SPECIAL MEETING

LEEDS CITY COUNCIL

December 10, 2008

The Leeds City Council met in special session on December 10, 2008. Present were Mayor Lloyd Himle and council members Jeff Jacobson, Lori Nelsen and Betty Anderson.

The purpose of this meeting was to appoint Rodney Ritterman to the city council to replace the position left open with the resignation of Calvin Schlieve.

A motion was made by Nelsen, seconded by Jacobson, to appoint Rodney Ritterman to fill the position vacated by Calvin Schieve. The motion carried.

At this time the council reorganized and by motion Jacobson was made council president.

Ritterman will take Cal Schlieve’s place on the finance committee, the health committee and the landfill and equipment committee. Nelsen will be on the airport authority in Schlieve’s place and will also take his place on the airport board.

A motion was made by Anderson, seconded by Nelsen, to approve applications for liquor and beer licenses for KJ’s Bar and Earl’s Bar and a wine licence for Jan’s Stall Mall. The motion carried.

Streets need a quick clean out, especially Main Street, and other mentioned bad areas.

The valve for the chlorinator was discussed. The cost of the valve is $480 and with the Tee-tapping Himle has already done this will increase his estimate for the job to $1,100, plus his time. This increase is due to needing the valve replacement along with the original work. A motion was made by Jacobson, seconded by Anderson, to do the work. The motion carried.

There being no further business, the meeting adjourned.

Tammy Urness

Auditor

Lloyd Himle

Mayor

Excess Mill Levy


NOTICE OF SPECIAL ELECTION

AND ANNUAL MEETING

Esmond Township

Benson County, ND

NOTICE IS HEREBY GIVEN that on March 17, 2009 at the polling place of the Esmond Fire Hall in the Township of Esmond, County of Benson, an election will be held in which the following question shall be submitted to the electors of Esmond Township:

Shall Esmond Township levy taxes for a five-year period commencing in 2009, which shall exceed the legal limit by not more than $5,000, so that the taxes levied, instead of being $5,584.74, which is the limit authorized by law for the tax year 2008, shall be approximately $10,584.74? This excess levy shall be contingent on the Benson County Board of Commissioners waiving any interest accruing from and after January 1, 2009 on the bill owed to the Benson County Highway Department which is 365 days past due as of December 31, 2008. All funds received by the township from this levy shall first be used for the purpose of paying off the past due amount to the Benson County Highway Department. Any remaining funds shall be used to pay other expenses of the township as needed.

( ) Yes or ( ) No.

BE IT KNOWN that the total income of Esmond Township from the first day of January 2008 to the last day of December 2008 was $11,188.60 and that the total warrants issued for said period amounted to $10,247.88.

BE IT FURTHER KNOWN that the expected

expenditures for each year of the five-year period commencing in 2009 are roughly equivalent to the $15,826.94 spent in 2007.

BE IT FURTHER KNOWN that the current tax levy of

21.02 mills, which produced $5,584.74 in income in 2008, is the legal maximum, but that a 100 percent excess levy of the basic legal limitation is authorized for a five-year period. If 60 percent of the qualified electors shall approve the above-stated question, the levy shall be increased an additional 18 mills upon each dollar of taxable valuation, which increase would have produced $4,782.42 in additional income at 2008 valuations.

BE IT FURTHER KNOWN that said election will be opened at 2 p.m. and will continue open until 6 p.m. in said Esmond Township.

(Publish Feb. 25 & March 4, 2009)

CALL FOR BIDS

The Board of Education of the Maddock School District No. 9 of Maddock, North Dakota will accept sealed bids until April 1, 2009 to replace gymnasium bleachers as follows:

One bank of wall attached bleachers, 78’ wide, 10 rows, approximate seating for 420; and One bank of floor attached bleachers, 78’ wide, 10 rows, approximate seating for 420.

Inquiries for detailed specifications may be directed to Kim Anderson, superintendent, during normal school hours at 701-438-2531.

Sealed bids are to be mailed to Brenda Fossen, Business Manager, Maddock School District No. 9, PO Box 398, Maddock, ND 58348 on or before 4 p.m. on Wednesday, April 1, 2009.

All properly received bids will be forwarded to the Board of Education for consideration at its next regular meeting. The Board of Education reserves the right to reject any or all bids.

Brenda Fossen

Business Manager

Maddock School District No. 9

Maddock, ND 58348

(Publish Feb. 18 & 25 & March 4, 2009)


NOTICE OF SUMMONS

AND COMPLAINT

State of North Dakota

Benson County District Court

Civil No. 03-08-C-171

Janis Schmidt, Plaintiff

418 Griffin Street

Warwick, ND 58381

701-294-2196

v.

Warwick Public School Dist. #29,

Charles Guthrie, Supt.,

Gene Riedinger, Principal,

Steve Jacobson, Elementary Principal,

Shirley Tiokiason, Counselor,

Larry Thiele, Board President,

Bernadette Brown, Board member,

Kay Gravdahl, Board member,

Donna Christofferson, Board member,

Johnnie McKelvey, Board member,

Steven Michels, music teacher,

Myra Pearson, Tribal President,

Defendants

Publication Summons

and Notice of Filing

To the person named above as a defendant:

Gene Riedinger

I, Janis Schmidt, Plaintiff, do swear that I filed a Complaint in Benson County Court on December 23, 2008, that after diligent inquiry personal service of the summons cannot be made upon the defendant in this state to the best knowledge, information, and belief of the affiant; pursuant to Rule 4(e)(2)(A)(3)(7), I have published Notice of Service in the Benson County Farmers Press and I have served Defendant Gene Riedinger’s representative, Tiffany Johnson of Pearce & Durick law firm, a true and correct copy of Plaintiff’s Complaint and Summons. Under pains and penalties of perjury, I swear that all actions have been taken, and all statements are true.

Signed this 24th day of February, 2009.

/s/ Janis Schmidt


INVITATION TO BID

Notice is hereby given that sealed bids, entitled Road Improvements Project, Grahams Island State Park, addressed to North Dakota Parks and Recreation Department, 1600 East Century Avenue, Suite 3, Bismarck, ND 58503-0649, will be received at the Bismarck office of North Dakota Parks and Recreation Department until 2:00 p.m.

local time March 16, 2009, and then publicly opened and read thereafter. Bids will be opened in the meeting room located in the Visitor Center. Federal funding may be used on this project. The bid items shall consist of:

Mobilization, L.S.; Subgrade Excavation, 100 C.Y.; Subgrade Preparation, 1,460 S.Y.; Gravel Base Material, 120 C.Y.; Hot Mix Asphalt (HMA) Pavement, 225 Ton; A.C. Oil, 3,000 Gallons; Seal Oil, 33,000 Gallons; Seal Aggregate, 1,200 Tons; and Paint Centerline Stripe, 10,000 L.F.

Bids will be received and one contract will be awarded for the entire Project.

Drawings and Specifications are available for viewing at the office of the ND PARKS AND RECREATION DEPARTMENT, 1600 East Century Avenue, Suite 3, Bismarck, ND 58503-0649, (Telephone:

701-328-5357). Copies of the Drawings and Specifications may be obtained from AMERITECH ENGINEERING CORPORATION, PO Box 1796, Williston, ND 58802 (Telephone: 701-577-4127). Drawings and Specifications will be available for a non-refundable deposit of $75.00.

Each Contractor who submits a bid must hold a North Dakota Contractor’s License as provided by law, and such license must have been in effect at least ten (10) days prior to the date set to open bids.

Each bid shall be accompanied by a bidder’s bond in a sum equal to five percent (5%) of the full amount of the bid, executed by the bidder as principal and by a surety company authorized to do business in North Dakota, conditioned that if the principal’s bid is accepted and the contract awarded to him, he within fifteen (15) days after Notice of Award, will execute and effect a contract in accordance with the terms of his bid and a contractor’s bond as required by law and the regulations and determination of the governing board. A contractor’s bond executed by individuals as sureties will not be accepted.

The work is to be started on a date to be fixed by the Owner, notice of which will be given to the Contractor seven (7) days in advance and such work is required to be completed and ready for final payment by August 15, 2009.

The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, to accept the bid which is in the best interests of the Owner, and to reject the bid of any party who has been delinquent or unfaithful in the performance of any former contract with the Owner.

During the performance of the contract, the Contractor agrees that he will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the following:

Hiring, placement, upgrading, transfer, or demotion, recruitment, advertising, or solicitation for employment, selection for training, including apprenticeship layoff and termination.

Also, enclosed in the bidding envelope, shall be a copy of the license or certificate of renewal thereof issued by the Secretary of State. No contract shall be awarded to any Contractor unless the Contractor holds a North Dakota Contractor’s License as provided by law, and such license must have been in effect at least (10) ten days prior to the date set to open bids. A bid submitted without this information properly enclosed in the bidding envelope shall not be read, nor considered, and shall be returned to the Bidder. All bidders must be licensed for the highest amount of their bids as provided by applying North Dakota State Law.

Each separate proposal shall be placed in a bidders envelope and securely sealed. The proposal guaranty, Contractor’s license renewal certificate and acknowledgment of receipt of any Addenda issued shall be placed in a separate compartment which is securely attached to the bidding envelope. The envelope shall be plainly marked to indicate its contents and shall show the following information: project title; the name of the person, firm or corporation submitting the bid; the class and number of contractor’s license held by the bidder; and the date on which the license was issued or renewed.

ND PARKS AND RECREATION DEPARTMENT

By: Douglass A. Prchal, Director

(Publish Feb. 18 & 25 & March 4, 2009)


NOTICE TO CONTRACTORS

The North Dakota Department of Transportation

(NDDOT) will receive bids for the construction of the following project(s):

Job No.: 1

Project No(s).: SC-0319(061) & SC-0328(066)

Length: 15.505

Type: CHIP SEAL COAT

County(s): BENSON Co

Location: COUNTY ROAD, 5 MILES EAST OF MADDOCK, SOUTH & COUNTY ROAD, 2.5 MILES WEST OF MADDOCK, EAST & FROM CMC 0319, EAST Job No.: 17 Project No(s).: SS-3-019(043)135

Length: 3.446

Type: CHIP SEAL COAT

County(s): BENSON Co

Location: ND 19 FROM N JCT US 281, E APPROX. 3 MILES Job No.: 35 Project No(s).: NH-3-002(097)236

Length: 12.085

Type: CONCRETE PAVEMENT REPAIR, DOWEL BAR RETROFIT, SPALL REPAIR, GRINDING, SHOULDER SURFACING, SUBCUT & OVERLAY

County(s): BENSON Co

Location: US 2 FROM W OF LEEDS, E TO CHURCHS FERRY-EASTBOUND ROADWAY Job No.: 37 Project No(s).: SNH-3-281(098)159

Length: 15.255

Type: SLURRY SEAL COAT

County(s): BENSON Co

Location: US 281 FROM S JCT HWY 19 TO W JCT US 2 Bids will be received until 09:30AM, March 20, 2009, IN THE FOYER, LOCATED ON 3RD FLOOR, OUTSIDE ROOM 330 OF THE NDDOT BUILDING, ON THE CAPITOL GROUNDS, IN BISMARCK, NORTH DAKOTA. Bids will be opened at that time and the live webcast can be viewed online at http://www.dot.nd.gov/business/bidwebcast.htm.

All bidders are required to be prequalified at least seven (7) days before the date of the bid opening.

The proposal forms, plans, and specifications are available on the NDDOT website at http://www.dot.nd.gov and may be inspected at the Construction Services Division, NDDOT, Room 333,

608 East Boulevard Avenue, Bismarck, North Dakota, 58505-0700.

NDDOT reserves the right to reject any and all proposals, waive technicalities, or to accept such as may be determined in the best interests of the state.

Requested by:

Francis G. Ziegler, P.E., Director

North Dakota Department of Transportation


NOTICE TO CREDITORS

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

In the Matter of the Estate of Phyllis J. Larson, 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 Gerald Larson, personal representative of the estate, at PO Box 428, Leeds, ND 58346, or filed with the court.

Dated this 29th day of January, 2009.

-s-Gerald Larson

Gerald Larson

Personal Representative

PO Box 428

Leeds, ND 58346

J. Bruce Gibbens

GIBBENS LAW OFFICE

PO Box 708

Cando, ND 58324

(701) 968-3342

Attorney for Estate

First publication on the 11th day of February, 2009.

(Publish Feb. 11, 18 & 25, 2009)

 


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