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Golden Valley News
Beach, North Dakota
January 1, 2015     Golden Valley News
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January 1, 2015
 
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Page 4 Golden Valley News January 1 ,.2014 1 ..... Legal Notices Notice of Meetings TENTATIVE SCHEDULE OF THE 2015 GOLDEN VALLEY/BILLINGS MULTI-COUNTY SOCIAL SERVICE DISTRICT MONTHLY MEETINGS FOR 2015 JANUARY 20 10:00 A.M. BILLINGS COUNTY COURTHOUSE MEDORA FEBRUARY 17 10:00 A.M. SOCIAL SERVICES OFFICE, BEACH MARCH 17 10:00 A.M. BILLINGS COUNTY COURTHOUSE, MEDORA APRIL 21 9:00 A.M. SOCIAL SERVICE OFFICE, BEACH MAY 19 9:00 A.M. BILLINGS COUNTY COURTHOUSE, MEDORA JUNE 16 9:00 A.M. SOCIAL SERVICE OFFICE, BEACH JULY 21 9:00 A.M. BILLINGS COUNTY COURTHOUSE MEDORA AUGUST 18 9:00 A.M. SOCIAL SERVICE OFFICE, BEACH SEPTEMBER 15 9:00 A.M. BILLINGS COUNTY COURTHOUSE, MEDORA OCTOBER 20 10:00 A.M. SOCIAL SERVICE OFFICE, BEACH NOVEMBER 17 10:00 A.M. BILLINGS COUNTY COURTHOUSE, MEDORA DECEMBER 15 10:00 A.M. SOCIAL SERVICE OFFICE, BEACH It is the policy of the Golden Val- ley/Billings Multi County Social Service District to assure that all applicants for, or recipients of, services or assistance from programs administered by Golden Valley/Billings Multi County Social Serv- ice District shall not be subjected to dis- crimination or denied the benefit of such services or assistance on the basis of an applicant's race, color, religion, na- tional origin, sex, political beliefs, or, if otherwise qualified, on the basis of age or disability. Golden Valley/Billings Multi County Social Service District affirms this policy in accordance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act Of 1973, the Age Discrimination Act of 1990, the Americans with Disabilities Acts of 1983, and the North Dakota Human Rights Act. This requirement shall also extend to any organizational entity that provides a contracted service with funds obtained from the Golden Val- ley/Billings County Social Service Board. Persons needing accommodation or who have questions or complaints re- garding the provision of' services ac- cording to these .aets-.-mayeontact Maurice Hardy, Director, Golden Val- ley/Billings County Social Service Board, PO Box 279, Beach, ND, 58621, telephone 701-872-4121. (December 18, 25 and January 1) Please support your local merchants! Notice NOTICE OF HEARING PETITION FOR APPLICATION FOR FORMAL PROBATE AND APPOINTMENT OF PERSONAL REPRESENTATIVE IN iNTESTACY AND TO ESTABLISH SUCCESSION OF PROPERTY IN THE DISTRICT COURT OF BILLINGS COUNTY, STATE OF NORTH DAKOTA In the Matter of the Estate of JAMES CHARLES HAFFEY, deceased NOTICE IS HEREBY GIVEN that George G. Vaught, Jr., has filed herein an Application for Formal Probate and Appointment of Personal Representa- tive in Intestacy and to Establish Suc- cession of Property. Hearing has been set upon said pe- tition on the 22nd day of January, 2015, at 8:30 o'clock A.M., Mountain Time at the Courtroom of the above named Court in the City of Medora,County of Billings, State of North Dakota. Dated this 9th day of December, 2014. Bruce A. Selinger Attorney for Applicant KUBIK, BOGNER, RIDL & SELINGER 117 First Street East P.O. Box 1173 Dickinson, ND 58602-1173 (701) 225-9155 e-mail: bruceselinger@ ndsuper- net.com (ID 04368) (December 18, 25 and January 1) Notice NOTICE OF HEARING PETITION FOR APPLICATION FOR FORMAL PROBATE AND APPOINTMENT OF PERSONAL REPRESENTATIVE IN INTESTACY AND TO ESTABLISH SUCCESSION OF PROPERTY IN THE DISTRICT COURT OF BILLINGS COUNTY, STATE OF NORTH DAKOTA In the Matter of the Estate of JAN- ICE SERVICE HAFFEY, deceased NOTICE IS HEREBY GIVEN that George G Vaught, Jr., has filed herein an Application for Formal Probate and Appointment of Personal Representa- tive in Intestacy and to Establish Suc- cession of Property. Hearing has been set upon said pe- tition on the 22nd day of January, 2014, at 8:30 o'clock A.M., Mountain Time at the Court- room of the above named Court in the City of Medora, County of Billings, State of North Dakota. Dated this 9th day of December, 2014. Bruce A. Selinger Attorney for Applicant KUBIK, BOGNER, RIDL & SELINGER 117 First Street East P.O. Box 1173 Dickinson, ND 58602-1173 (701) 225-9155 e-mail: bruceselinger @ ndsuper- net.com (ID 04368) (December 18, 25 and January 1) Notice NOTICE OF HEARING PETITION FOR APPLICATION FOR FORMAL PROBATE AND APPOINTMENT OF PERSONAL REPRESENTATIVE IN INTESTACY AND TO ESTABLISH SUCCESSION OF PROPERTY KUBIK, BOGNER, RIDL & SELINGER Bruce A. Selinger #04368 117 First Street East P. O. Box 1173 Dickinson, ND 58602-1173 (701) 225-9155 e-mail: bruceselinger@ndsuper- net.com Attorneys for Applicant Probate No. 17-2014-PR-00039 IN THE DISTRICT COURT OF GOLDEN VALLEY COUNTY, STATE OF NORTH DAKOTA In the Matter of the Estate of VICKI L. WAHL, deceased NOTICE IS HEREBY GIVEN that Dustin Stuber has filed herein an Appli- cation for Formal Probate and Appoint- ment of Personal Representative in Intestacy and to Establish Succession of Property. Hearing has been set upon said pe- tition on the 22nd day of January, 2015, at 8:30 o'clock A.M., Mountain Time at the Courtroom of the above named Court in the City of Beach, County of Golden Valley, State of North Dakota. Dated this 17th day of December, 2014. Bruce A. Selinger Attorney for Petitioner P.O. Box 1173 Dickinson, ND 58602-1173 (ID #04368) (December 25, January 1 and 8) Notice to Creditors Greg W. Hennessy Hennessey Law Office, P.C. 417 1st Ave. E. PO Box 756 Williston, ND 58802-0756 Telephone: (701) 572-8296 Fax: (701) 572-918 integrated @nemont.net ND State Bar ID#03397 and Robert J. Savage The Savage Law Firm 121 5th St SW PO Box 1105 Sidney, Montana 59270 Telephone: (406) 433-9770 Fax: (406) 433-9771 rislaw@midrivers.com ND State Bar ID# 04575 Attorneys for Co-Personal Repl:e- sentatives In District Court, State of North Dakota, County of Golden Valley, Southwest Judicial District In the Matter of the Estate of Anna C. Lowman Deceased Notice is he[eby given that the un- dersigrtedhave-'been appointed,-Co Personal Representatives of the above-named estate. All persons hav- ing claims against the said deceased are required to present their claims within three (3) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to William O. Lowman and Charles H. Lowman the Co-Personal Representa- tives, return receipt requested at The Savage Law Firm, PO Box 1105, Sid- ney, Montana 59270 or filed with the Clerk of the above-titled Court. Dated this 15th day of August, 2014 William O. Lowman, Co-Personal Representative Charles H. Lowman, Co-Personal Representative (December 25, January 1 and 8) Ad for Bids ADVERTISEMENT FOR BIDS SECTION 00100 BEACH WASTEWATER LAGOON EXPANSION CITY OF BEACH BEACH, NORTH DAKOTA Sealed bids will be received by the City of Beach, at the office of the City Hall, PO Box 278, Beach, ND 58621, until 2:00 PM MST, January 15, 2015, at which time they will be publically opened and read aloud for the furnish- ing of materials, labor, equipment and skill required for the construction of A NEW WASTEWATER TREATMENT LAGOON CELL, LIFT STATION, IN- TERCONNECTING PIPING AND INCI- DENTAL ITEMS in and for said City of Beach, as is more fully described and set forth in the plans and specifications therefore, which are now on file in the office of the KLJ - Dickinson. Bids shall be upon cash payment on the following estimated quantities and types of work: Mobilization/Demobilization - LS; New Intercell Lift Station - LS; Influent Diversion Structure No. 1 - LS; Con- crete Splash Pad/Concrete Pipe Anchor - 6 EA; Clearing & Grubbing - 21.2 AC; Existing Wetland Clearing & Grubbing - 5.2 AC; General Excavation - 92274 CY; Wetland Excavation - 4923 CY; Riprap (12" w/Geotextile) - 4837 CY; Class 5 Aggregate - 660 CY; Class 13 Aggregate - 330 CY; 6" DR18 C900 PVC - 1086 LF; 8" DR18 C900 PVC - 1475 LF; 15" SDR35 PVC - 1446 LF; Fencing - 3545 LF; Seeding - 18050 SY; Straw Wattles - 1649 LF; Silt Fence - 7003 LF; and other pertinent and mis- cellaneous items for construction of this project. The contract documents are on file and may be examined at the following: City of Beach 153 Main Street Beach, ND 58621 KLJ, Dickinson, North Dakota Complete digital project bidding doc- uments are available at www.kljeng.com "Projects for Bid" or www.questcdn.com. You may download the digital plan documents for $26.00 by inputting Quest project # 3618817 on the website's Project Search page. Please contact QuestCDN at (952) 233- 1632 or info@questcdn.com for assis- tance in free membership registration, downloading, and working with this dig- ital project information. An optional paper set of project documents is also available for a non-refundable price of $85.00 per set at KLJ, 1463 1-94 Busi- ness Loop East; PO Box 290, Dickin- son, ND 58602. Please contact us at 701-483-1284 if you have any ques- tions. All bids are to be submitted on the basis of cash payment for the work and materials, and each bid shall be ac- companied by a separate envelope containing the contractor's license and bid security. The bid security must be in a sum equal to five per cent (5%) of the full amount of the bid and must be in the form of a bidder's bond. A bidder's bond must be executed by the bidder as prin- cipal and by a surety company author- ized to do business in this state, Conditioned that if the principal's bid be accepted and the contract awarded to the principal, the principal, within ten (10) days after notice of award, will ex- ecute and effect a contract in accor- dance with the terms of his bid and the bid bond as required by the laws of the State of North Dakota and the regula- tions and determinations of the govern- ing body. If a successful bidder does not execute a contract within ten (10) days allowed, the bidder's bond must be,for- feited to the governing body, and,te project awarded to the next lowest re- sponsible bidder. All bidders must be licensed for the full amount of the bid as required by Section 43 07 05 and 43-07-12 of the North Dakota Century Code. The successful Bidder will be re- quired to furnish Contract Performance and Payment Bonds in the full amount of the contract. Contracts shall be awarded on the basis of the low bid submitted by a re- sponsible and responsive bidder for the aggregate sum of all bid items. A single contract will be awarded for the work. All bids will be contained in a sealed envelope, as above provided; plainly marked showing that such envelope contains a bid for the above project. In addition, the bidder shall place upon the exterior of such envelope the following information: 1. The work covered by the bidder 2. The name of the bidder 3. Separate envelope containing bid bond and a copy of North Dakota Con- tractor's License or certificate of re- newal. 4. Acknowledgement of the Ad- denda. No Bid will be read or considered which does not fully comply with the above provisions as to Bond and li- censes and any deficient Bid submitted will be resealed and returned to the Bid- der immediately. The work on the improvement will be substantially completed by August 15, 2015, except for seeding. All work in- cluding seeding shall be completed by September 30,2015. The Owner reserves the right to re- ject any and all bids, 1o waive any infor- mality in any bid, to hold all bids for a period not to exceed 30 days from the date of opening bids, and to accept the bid deemed most favorable to the inter- OAH File No. 20140221 PLEASE TAKE NOTICE that a hear- ing on the discharge of Respondent Jef- frey Lamprecht for cause pursuant to N.D.C.C. § 15.1-15-08, is scheduled to be held on the 12th and 13th days of January, 2015, beginning each day at 8:30 a.m. (Mountain Time), in the Roo- sevelt Room at the La Quinta Inn & Suites, located at 552 12th St. W., Dick- inson, North Dakota 58601. Said hear- ing will be a closed hearing pursuant to N.D.C.C. § 15.1-15-08(3). Dated this 22nd day of December, 2014. /s/Wade Northrop Wade Northrop, Superintendent Belfield School District #013, Peti- tioner ATTORNEYS FOR PETITIONER Amy L. De Kok, ND Bar #06973 David R. Phillips, ND Bar #06116 FREDRIKSON & BYRON, P.A. 1133 College Drive, Suite 1000 Bismarck, North Dakota 58501 Phone: (701) 221-8700 (January 1 and 8) Hearing Notice The Beach City Council will hold a Public Hearing on Tuesday, January 20, 2015 at 7:30 p.m. at City Hall for com- ment on a recommendation from the Beach Zoning Board to approve a Re- quest for Conditional Use submitted by Beach Cooperative Grain Company and Too Far Farms, LLC. The Request for Conditional Use is for installation of approximately 7,000' of railroad track at Glen Haven Park Addition, Blocks 20, 21,22, 23, 28 and 29 along with the SE 1/4 Section 25 Range 140 Township 106 Less tract Butte View. Kimberly Nunberg Zoning Administrator (January 1 and 8) Notice Notice of Zoning Hearing The Billings County Planning and Zoning Commission will hold a public hearing on Thursday, January 15, 2015, at 1 p.m. in the Commissioner's Room at the county courthouse, Medora, ND, to consider recommending to the Board of County Commissioners the approval or denial of the following items: Morgan Chase Management: Appli- cation to construct a 238 unit lodging fa- cility consisting of 2 three-story additional structures on Block 2, Origi- nal Fryburg (3749 Main St, former Fry- burg School), as well as improvements to the lagoon site and lots 1-6, Block 3, Original Fryburg. Also requested is a Variance to reduce the setback from 50' to 30.5' along the western boundary of Block 2. Property is zoned commercial and currently owned by Energy Re- source Group, LLC. Other Business: Review zoning regulations pertain- ing to oil and gas support services and updates for the administration of zoning and conditional use permits. Discuss est of the Owner. and draft a recommendation for amend- Should the Contractor fail to corn ...... ng the Bdhngs County Zoning Ordl- plete the work within the time required n nce .... a . herein or '¢hm. such extra time as.may: - The .board Wiil= aiso address -o'ten J't; have been granted by formal exten- tial and pending zoning violations and sions of time approved by the Owner, there will be deducted from any amount due the Contractor the sum of $1,200 per day and every day that the comple- tion of the work is delayed. The Con- tractor and his surety will be liable for any excess. Such payment will be as and for liquidated damages. Dated this 1st day of December, 2014 CITY OF BEACH BEACH, NORTH DAKOTA s/Kim Nunberg City Auditor (December 25, January 1 and 8) Notice NOTICE OF HEARING PETITION FOR ADJUDICATION OF INTESTACY AND APPOINTMENT OF PERSONAL REPRESENTATIVE Ronaid S. Efta P.O. Box 300 Wibaux County Courthouse Wibaux, MT 59353 Telephone: (406) 796-2431 Fax: (406) 796-2625 Email: wcaefta@ midrivers.com ND # 04844 In District Court, State of North Dakota, County of Golden Valley, Southwest Judicial District In the Matter of the Estate of DOROTHY G. INGALLS, a/k/a DOROTHY INGALLS, Deceased TO ALL INTERESTED PERSONS: NOTICE IS HEREBY GIVEN that on the 22nd day of January, 2015, at 8:30, a.m., a hearing will be held before the Honorable Zane Anderson, Judge of the District Court, Golden Valley County Courthouse, Beach, ND, for the petition for adjudication of intestacy and ap- pointment of personal representative in formal proceedings: John E. Thomp- son, PO Box 103, Beach, ND 58621, as personal representative of. the estate of the above named decedent. Any objections to the petition must be filed with the Court prior to or raised at the hearing. If proper and if no ob- jections are filed or raised, the personal representative will be appointed with full power to administer the estate includ- ing the power to collect all assets, pay all legal debts, claims, taxes and ex- penses, and sell real and personal property, and do all necessary acts for the estate to transfer mineral rights in North Dakota DATED this 17th day of December, 2014 /s/Ronald S. Efta Attorney for the Applicants PO Box 300 Wibaux, MT 59353 Attorney ID No.: 04844 (December 25, January 1 and 8) Hearing Notice SECOND AMENDED NOTICE OF HEARING STATE OF NORTH DAKOTA OFFICE OF ADMINISTRATIVE HEARINGS Belfield School District #013 School Board, Petitioner, V. Jeffrey Lamprecht, Respondent. recommend any action needed by the Zoning Director, State's Attorney, or Board of County Commissioners. Applications are available for review during regular office hours at the Billings County Courthouse. Additional Notice: On Thursday, January 8, 2015, a quorum of the Planning and Zoning Board may be present at an open- house tour of the former Fryburg School. Morgan Chase Management has proposed to open the school to the public from 3-5:30 p.m. with a comment session to begin at 5:30 p.m. Dated at Medora this 24th day of December, 2014. Stacey Swanson Zoning Director (January 1 and 8) City of Beach BEACH CITY COUNCIL I I I % % PROCEEDINGS PUBLISHED SUBJECT TO THE GOVERNING BODY'S REVIEW AND REVISION A regular meeting of the Beach City Council was called to order by Mayor Walter Losinski on December 15, 2014 at 7:00 pm. Present when the meeting was called to order was City Council Henry Gerving, Dell Beach, Tim Mar- man, Mark Benes, Jeanne Larson, Wade Walworth, City Auditor Kimberly Nunberg, Engineers Jon Wilczek, Thomas Schmelzenbach and guest Paul Lautenschlager. Public Participation: None Final vouchers for the year 2014 were reviewed. Larson moved to ap- prove the vouchers, second by Wal- worth. Motion carried unanimously. 17632 Beach Food Center 159.68 17633 CT Electric 25.00 17634 Emergency Apparatus 1495.00 17635 Fallon County Treasurer 1753.00 17636 Farmers Union 1564.91 17637 Fisher Sand & Gravel 1267.20 17638 Golden Valley County 1538.50 17639 Golden Valley News 116.64 17640 Goldenwest Electric Cooperative, Inc. 1149.00 17641 Jill Schatz 224.10 17642 Kadrmas, Lee & Jackson 93,572.03 17643 La Playa Restaurant 25.56 17644 ND Department of Health 64.00 17645 NDLC 35.00 17646 S & R Interiors, Inc. 412.50 17647 Sip n Sew 55.00 17648 Stockwell Cleaning 300.00 17649 USPS 49.00 17650 Weinreis Brothers Partnership 216307.00 PWS Report: PWS Braden reported on snow re- moval, sanding of streets, and recom- mended equipment purchases in 2015. Auditor Report: Nunberg reviewed her written report. Benes moved to amend the Water Util- ity Fund - Water from $140,000 to $160,000 due to increased expenses, second by Gerving. Motion carried unanimously. Marman moved to amend the Sewer Fund - Engineering from $0 to $100,000 due to expenses incurred on the lagoon expansion project, sec- ond by Gerving. Motion carried unani- mously. Marman moved to amend the Sewer Utility Fund - Capital Outlay from $0 to $217,000 due to purchase of land from Weinreis Brothers Partnership in the amount of $216,307, second by Gerving. Motion carried unanimously. Benes moved to approve a transfer of $2,000 from the General Fund - Fire Department Supplies to the Fire De- partment Reserve Fund, second by Gerving. Motion carried unanimously. Nunberg reviewed the financial state- ment for the month of November. Mar- man moved to approve, second by Benes. Motion carried unanimously. Committee Report: Zoning: Larson reported the Zoning Board has made recommendation to approve a Request for Conditional Use submit- ted by,each Cooperative Grain Com pany & Toe Far Farms, LLC for installation of 7,000' of railroad track. The Zoning Board has recommended four conditions at this time; 1. The City of Beach receives an engineered plan and written confirmation from BNSF that Beach Cooperative Grain Com- pany has completed BNSF's new busi- ness review process and was issued a commission to proceed from BNSF. 2. A berm is to be built on the west and south sides of the property concealing the railroad facility from the residential areas 3. A fence is to be installed on the west and south sides of the property using materials acceptable by the City. Trees acceptable by the City are to be planted outside of the fenced area. 4. At any time railroad cars are being moved across Main Street, employees of Beach Cooperative Grain Company must be present for traffic control. Gerv- ing questioned why conditions are being more restrictive on this property than to Beach Cooperative Grain Com- pany's property located in the center of the community. Discussion. Gerving moved to accept the zoning B6ard's " recommendation and proceed to public hearing, second by Benes. Motion car- ried unanimously. The Public Hearing will be set for January 20, 2015 at 7:30 p.m. Unfinished Business: In November, Larson and Walworth made recommendatiofi to proceed with a proposal from AE2S Nexus to provide for Growth Planning Services. Marman suggested working with Kadrmas, Lee and Jackson on a similar proposal. Dis- cussion. Nunberg requested she be al- lowed to contract with AE2S on just the Zoning Update portion of the Growth Planning proposal. Discussion. Marman suggested fir, st attempting to work with Kadrmas, Lee & Jackson on the Zoning Update. There was discussion on the num- ber of vehicles, trailers, RV's, etc. being left on the street making it difficult for snow removal. A list of vehicles, etc. to be tagged will be provided to the Sher- iff's Office. New Business: An Application for Raffle submitted by Beach Post Prom Committee was reviewed. Benes moved to approve, second by Walworth. Motion carried unanimously. A contract for Engineering Services with Kadrmas, Lee & Jackson for Phase 2 of the Multi-Use Trail was reviewed. Gerving moi/ed to approve the contract, second by Walworth. Dis- cussion. Marman - no, Beach - no, Benes- no, Gerving - yes, Larion - yes, Walworth - Yes. Mayor L.osinski - yes. Motion carried. An Application for a Blighted Building Demolition Grant submitted by Wade Remillong was re- viewed. Gerving moved to table a deci- sion until three contractor estimates are provided, second by Walworth. Motion carried unanimously. A request for Vari- ance to Burn submitted by Kent Shaw was reviewed. Discussion. Walworth moved to deny the request for Variance to Burn, second by Larson. Motion car- ried unanimously. Gerving moved ta cancel the meeting on January 5, 20!5 due to lack of quorum, second by Wal- worth. Motion carried unanimously,. No other business was brought for: ward. Marman moved to adjourn, sec- ond by Larson. Meeting adjourned at 8:50 p.m. Motion carried unanimously. - i ATTEST: Walter Losinski, Mayor Kimberly Nunberg, City Auditor (January 1) PUBLIC NOTICES A public notice is information infoming citizens of government activities that may affect the citizens' everday lives. Public notices have been printed in local newspapers, the trusted sources for community information, for more than 200 years. North Dakota farmers ranchers read their LOCAL NEWSPAPER everyweek! .E