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Ortonville, Minnesota
March 16, 2010     The Ortonville Independent
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March 16, 2010

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Public ,'notices NOTICE OF CALL FORBIDS PHASE 2 MINNESOTA RIVER TRAILHEAD PROJECT ORTONVILLE, MINNESOTA NOTICE.TO BIDDERS: Sealed proposals will be received by the City Council of the.City of Ortonville, Minnesota at the City Clerk Administrator's Office until 1:30 o'clock p.m., local time, on the 25th day of March 2010 and will be opened and publicly read by representatives of the City in the meeting room of the City Hall at an open meeting on the above date at 1:30 o'clock p.m., local time. The project consists of the following 'public improvements: PHASE 2 MINNESOTA RIVER TRAILHEAD PROJECT ORTONVILLE, MINNESOTA REST ROOM AND CONCESSION BUILDING PROJECT No. ORP09-001 The work shall be performed in accordance with the drawings and special provisions and consists of the following work: Construction of  730 square foot rest room and concession building consisting of masonry walls, timber framing for the roof, concrete floors, mechanical and electrical work and site improvements including water and sanitary sewer service lines and gradirig around the building. The base bid consists of masonry cavity wall construction with a hipped roof with stainless steel lavatories, water closets and urinals with automatic valves. The bid alternate consists of single wythe.wall construction with a gabled roof with vitreous china lavatories, water closets and urinals with manual valves. Minimum wage rates to be paid by the Contractors have been predetermined and are subject to State of Minnesota implementing regulations. Each bid must be accompanied by a money order, cash deposit, cashiers check, or Bid Bond payable to the City of Ortonville, Minnesota in the amount of five percent (5%) of the total bid. This is to serve as a guarantee that the bidder will enter into a contract for the performance of such work if the Contract is awarded to them. Only bids that are accompanied by such bond in the envelope will be considered. All bids must be submitted on the proposal blanks furnished by the City of Ortonville, Minnesota. Bids must be in the hands of the City Clerk Administrator no later than 1:30 p.m. local time March 25, 2010 and must be in a sealed envelope plainly marked "Bid on Phase 2 Minnesota River Trailhead" Digital Copies of the Bidding Documents are available at or www, for a fee of $20.00. These documents may be downloaded by selecting this project from the "Bid Documents" tab and entering Quest Project Number 1094107 on the "Search Projects" page. For assistance and free membership registration, contact Quest CDN at (952)233-1632 or Paper copies of the Bidding Documents may be obtained from Docunet Corp, located at 2435 Xenium Lane North, Plymouth, MN 55441, phone (763) 475-9600 for a fee of $95.00 per set. The bidding and contract documents may also be examined at the Interstate Engineering office located at 116 East Washington Avenue, Fergus Falls, MN and at the offices of the City of Ortonville, 217 NW Third Street Suite 101 Ortonville, MN. The City of Ortonville reserves the right to reject any or all bids, to waive irregularities and informalities therein, and further reserves the right to award the contract in the best interest of the City. The City of Ortonville is an Equal Opportunity/Affirmative Action Employer. By order of the City Council this 16th Day of February 2010. Chadeen Grossman City Clerk Administrator Ortonville, Minnesota (March 2, 9 & 16, 2010) NOTICE DISTRICT COURT EIGHTH JUDICIAL DISTRICT PROBATE DIVISION COURT FILE NO. 06-PR-10-42 STATE OF MINNESOTA COUNTY O BIG STONE NOTICE OF AND ORDER FOR HEARING ON PETITION FOR FORMAL PROBATE OF WILL AND APPOINTMENT. OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS In Re: Estate of JOHN A. MORRIS, Decedent It is Ordered and Notice is given .that on April 7, 2010, at 8:00 AM, a hearing will be held in this Court at the Big Stone County Courthouse, 20 Second Street SE, Ortonville, Minnesota 56278, for the formal probate of an instrument purporting to be the will of the above named decedent's Will, dated October 28, 2003, and for the appointment of Rodney Morris, whose address is 8718 Tantallon Circle, Tampa, Florida 33649, 'as personal representative of the estate of the decedent in an unsupervised administration. Any objections to the petition must be raised at the hearing or filed with the Court prior to the hearing. If the petition is proper and no objections are filed or raised, the personal representative will be appointed with t-he full power to administer the estate, including the power to collect all assets; pay all legal debts, claims, taxes and expenses; sell real and personal property; and do all necessary acts for the estate. Notice is also given that subject to M nn. Stat. §524.3-801, all creditors having claims against the decedent's estate are required to present the claims to the personal representative or to the Court within four (4) months after the date of this notice or the claims will be barred. Dated: Feb. 24, 2010 Gerald J. Seibel, Judge of District Court Sandee Tollefson, Court Administrator by Julie Berger, Deputy Jeffrey G. Colyer (MN#192752) Colyer Law Office, P.A. 641 East Lake Street, Suite 229 Wayzata, Minnesota 55391-1789 Telephone: (952) 476-8164 Facsimile: (952) 476-7850 (March 9 & 16, 2010) NOTICE ADVERTISEMENT FOR BIDS 2010 SEAL COAT CITY OF ORTONVILLE, MINNESOTA Notice is hereby given that sealed bids for the following will be received in the Office of the Clerk-Administrator of lhe City of Ortonville, Minnesota, located at 217 Third Street NW, Suite 101, on or before 5:00 P.M. on Wednesday, March 31, 2010. Any bid received subsequent to the time specified will be promptly returned to the Bidder unopened. Bituminous Material for.Seal Coat .......... 10,000 Gallons Seal Coat Aggregate ........................ 500 Tons Plans, Specifications and Bid Forms for the 2010 Seal Coat Bid may be obtained at the Office of the Clerk; Administrator, City of Ortonville, 217 Third Street NW, Suite 101, Ortonville, Minnesota, 56278, telephone 320-839- 3428. CITY OF ORTONVILLE Charleen Grossman Clerk-Administrator (March 16 & 23, 2010) NOTICE OF POSTPONEMENT OF MORTGAGE FORECLOSURE SALE NOTICE IS HEREBY GIVEN, that the mortgage foreclosure sale because of the default in that certain mortgage dated March 3, 2008; executed by James M. Larson, a married "person, and Angelia J, Larson, a. married pperson, as Mortgagors, to First Bank & rust, as Mortgagee, filed with the Big Stone County Recorder on March 12, NOTICE 2008, as Document No. 164002, has been postponed pursuant to Minn. Stat. DISTRICT COURT 580.07. The legal description of the property located in Big Stone County, EIGHTH JUDICIAL DISTRICT STATE OF MINNESOTA COUNTY OF BIG STONE NOTICE OF AND ORDER FOR HEARING ON PETITION FOR PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS In Re: Estate of ROBERT WARREN WINGER, Decedent Minnesota, is as follows: Lots One (1) and Two (2), Block Nine (9), Original Plat to the City of Ortonville. The real property's street address is: 349 NW 2nd St, Ortonville, Minnesota 56278. The ;'eal property's identification number is: 22-0152-000. That the Sheriff's Sale had been scheduled for March 11, 2010, at 10:00 It is Ordered and Notice is given that o'clock a.m. THAT THE PROPERTY on the 7th day of April, 2010, at 8:00 • WILL NOW BE SOLD BY THE o'clock AM, a hearing will be held in this" SHERIFF OF BIG STONE COUNTY AT Court at the Courtroom of the Big Stone PUBLIC AUCTION ON THE 25th DAY County Courthouse, 20 SE 2nd Street, OF MARCH, 2010/AT 10:00 O'CLOCK Ortonville, Minnesota, on a petition for the formal probate of an instrument purporting to be the decedent's Will dated March 20, 1997, and for appointment of Justin Bakeberg, whose address is 47267 580th Ave., Correll, MN 56227 as personal representative of the decedeht's estate in an unsupervised administration. Any objections to the petition must be raised at the hearing or filed with the Court prior to the hearing, If the petition is proper, and no objections are filed or raised, the personal representative will be appointed with full power to administer the decedent's estate, including the power to collect all assets; pay all legal debts, laims, taxes and expenses; sell real and personal A.M., AT THE BIG STONE COUNTY SHERIFF'S OFFICE, 20 S.E. SECOND STREET, IN THE CITY OF ORTONVILLE, STATE OF MINNESOTA, to pay the debt then secured by said mortgage and taxes, if any, on said premises and the costs and disbursements allowed by law, subject to redemption by the. mortgagors, their personal representatives or assigns within six (6) months from date of sale. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under Section 580.30 or the property is not property; and do all necessary acts for redeemed under Section 580.23 is the decedent's estate. 11:59 p.rn. on September 25, 2010. Notice is further given that, subject to • Dated this 9th day of March, 2010. Minn. Stat. § 524.3-801, all creditors Jeff C. Braegelmann #174701 having claims against the decedent's estate are required to present the claims to the personal representative or to the Court within four (4) months after the date of this notice or the claims will be barred. Dated: March 4, 2010 Gerald J. Seibel, Judge of District Court Julie Berger, Deputy Court Administrator FLUEGEL, ANDERSON McLAUGHLIN & BRUTLAG, CHARTERED David C. McLaughlin MN #127383 25 NW 2nd Street, Suite 102 Ortonville, MN 56278 Telephone (320) 839-2549 (March 9 & 16, 2010) GISLASON & HUNTER LLP Attorneys for First Bank & Trust 2700 South Broadway P. O. Box 458 New uIm, MN 56073-0458 Phone: 507-354-3111 Fax: 507-354-8447 (March 16, 2010) Page 14 PROCEEDINGS OF THE 0RTONVILLE SCHOOL BOARD Thursday, January 21, 2010 The Ortonville Board of Education met in regular session on Thursday, January 21, 2010 at 7:00 PM in the Library. Members Present: Timothy Henrich, Debbie Hoffman, Marlowe Klepel, John Plathe, Glen Radermacher, Jay Ross, Kathi Thymian, Kevin Rademacher, and Brent Zahrbock Members Absent: Mike Hamson, Richard Johnson, and James Nelson Also Present: Jeff Taylor. LuAnn Hanse'n, Julie Schneider, Joel Stattelman, Laurie Maas, Dan Berdan, Isaac Knudson, Kristi Moberg, Jacob Meyer, Charlie Taffe, Courtney Meyer, Philip Adelman, Clarlie Stattelman and Kathryn Meyer The meeting was called to order by Chair Marlowe Klepel. 2010 BOARD ORGANIZATION: M/K. Rademacher, S/G. Radermacher to keep all board positions the same as last year. The motion failed with dissenting votes from: D.Hoffman, J. Plathe, J, Ross, K. Thymian and B. Zahrbock. 10-01 Chair- Marlowe Klepel: • M/K.Thymian to nominate B. Zahrbock as Chair, M/G. Rader.macher to nominate Marlowe Klepel as Chair, M/JI Plathe, S/T. Henrich that nominations cease. Upon roll call vote Marlowe Klepel was appointed chair with votes from T. Henrich, M. Klepel, J. Plathe, K. Rademacher, G, Radermacher. Voting for Zahrbock were D." Hoffman and K. Thymian. 'J. Ross and B. Zahrbock abstained from voting. 10-02 Vice-Chair- Brent Zahrbock: M/T. Henrich to nominate J. Plathe as Vice-Chair. J. Plathe declined. M/Plathe to nominate B. Zahrbock as vice-chair. M/ K. Thymian, S/J; Plathe that nominations cease. Upbn unanimous roll call vote B. Zahrbock was appointed vice,chair. B, Zahrbock abstained from voting. 10-03 Clerk -Deborah E. Hoffman: M/Thymian to nominate G. Radermacher as clerk, M/G. Radermacher to nominate D. Hoffman as clerk, M/J, Plathe, S/G. Radermacher that nominations cease. Upon roll call vote D. Hoffman was appointed clerk with the following members voting for her: T. Henrich, M. Klepel, J. Plathe, G, Radermac.her, B. Zahrbock. Voting for G. Radermacher were K. Rademacher and K. Thymian. J. Ross, and D. Hoffman abstained from voting. 10-04 Treasurer-James A. Nelson: M/K, Rademacher to nominate J. Nelson as treasurer. M/G. Radermacher, S/J, Plathe to cease nominations. Upon unanimous roll call vote J, Nelson was appointed treasurer. M/G. Radermacher, S/T. Henrich and unanimously carried to keep all other appointments the same as last yea r . The appointments are as follows: 10-05 MN State High School League - Brent Zahrbock 10-06 Education District Governing Board (MRVED) - Debbie Hoffman, Jay Ross 10-07 Big Stone Mini-Board - Kevin Rademacher, Debbie Hoffman, John Piathe. Thymian Alternate CGB Mini- Board - James Nelson, Richard Johnson, Brent Zahrbock, Thymian Alternate 10-08 Bonanza - John Plathe 10-09 Community Education - Debbie Hoffman, Glen Radermacher 10-10 Early Childhood (ECFE) -Kevin Rademacher 10-11 Staff Development - James Nelson, Jay Ross, John Plathe 10-12 Graduation Standards/SAR - Timothy Henrich, Richard Johnson, Jay Ross 10-13 Technology - Richard Johnson, Jay Ross 10-14 Discipline - James Nelson, John Plathe 10-15 Attendance Review - Timothy Henrich, Kathi Thymian 10-16 Negotiations - Marlowe Klepel, Kathi Thymian, Jay Ross, Richard Johnson ,, 10-17 Legislative Liaison - Mike Hhmson 10-18 Continuing Education Board Representative - Debbie Hoffman 10-19 Day, Time, Place for Regular Board Meetings - Third Monday, 7:00 P'M - Library 10-20 Agenda: M/K. Rademacher, S/Henrich and Unanimously carried to approve the agenda with the following additions; 10-21.2 Add $8,400.43 to the January 2010 bills. 10-32 Accept Resignation from Sara Wollschlager as head volleyball coach. 10-21 Consent; .M/T-Henrich, S/G.Radermacher and unanimously carried to approve !he following consent items: 10-21.1 Approve December 21,2009 meeting minutes as presented. 10-21:2 Authorize payment of January 2010 bills in the amount of $344,383.02 10-21.3 Approve cash balance sheet and investments DISCUSSION ITEMS: 10-22 Local Environmental Focus Team (LEFT): Dan Berdan informed the Board that they have added recycling containers in the gym, and have started recycling milk cartons• They have increased recycling from three to nineteen totes per week. Isaac Knudson reported that an energy analysis of the school showed that the Ortonville School used 4% less energy than most Schools. Jacob Meyer reported that they are encouraging staff/students to turn off computers and other electrical equipment when not in use. They have also installed an energy miser on one of • the pop machines. Philip Adelmar told the Board that LEFT will have a booth at the Sports and Leisure Show, Chartie Taffe said the LEFT team will have an Earth Day presentation to the elementary, and will also be presenting at the Science and Nature Conference at SW State. They are also setting up a link on the school's website. Courtney Meyer told the Board about the Farm to School Program that she learned about at the Youth Energy Conference (YES). Charlie Stattelman reported on the finances for the group. LEFT received a $500 start-up grant They were then awarded a $2,750 grant from YES. They plan to use this money to purchase additional" energy misers for pop machines and to pay for attending conferences. They recently received a $20,000 Cutting Carbon Grant• They plan to use this money to refit light fixtures in the school to make them 33% more energy efficient. Kristi Moberg is their advisor. 10-23 Review Enrollment Projections: Supt. Taylor reviewed enrollment projections with the Board/ He wanted BIG STONE LAKE AREA HOCKEY ASSOCIATION members served hotdogs and drinks at Runnings Farm and Fleet during ig Milbank, SD dtging the store's customer appreciation days. Runnings donated funds to the association• From left to right in back ate, Don Kopitzke, Jesslca Cummins, Donna Schmitz, Rob Schmitz, HoPe Elbert, and Dale Anderson. The front are Justine and Jesse Anderson. the Board to be aware of these numbers for planning purposes. - 10-24 Budget Discussion & Assumptions for 2010-11: Supt. Taylor asked the Board for direction in planning the '10-'11 budget. The Board agreed that a balanced budget was a necessity, but were unsure of how to proceed with other considerations, They agreed to meet on January 26, 2010 to further discuss budgeting considerations. 10-25 Board Goals: The Board has selected Curriculum, Technology, Students/Student Achievement, and Finance/Budget as their top 4 key topics. They will meet with Lee Warne for a goal setting meeting on 2/2/2010. ACTION ITEMS: 10-26 Approve the 2008-09 ISD #371 (Bellingham) Audit: Supt. Taylor was informed by the auditors at 4:07 PM that the audit was not complete. EideBailly, auditors, will have the audit completed and submitted to the MN Dept: of Education by January 31, 2010. They receivepermission from the MN'Dept of Education to submit the final audit prior to approval of the audit by the Board .at the February meeting. M/K. Rademacher, S/G, Radermacher and unanimously carried lo table this item until the audit is complete. 10-27 Resolution Directing'the Superintendent to Make • Recommendations for .Adjustments in Curriculum• Programs and Staff for the 2010-2011 School Year: M/K. Thymian, S/D. Hoffman trod unanimously carried to approve the above resolution. 10-28 Designate Official District Newspaper: M/B. Zahrbock, S/J.Plathe and unanimously carried • to approve the Ortonville Independent as the official district newspaper. 10-29 Establish Per-Diem Wages for Board Members: M/J.Plathe, S/T.Henrich and unanimously carried to keep the wages the same as last year which are as follows: In-town=S40, Chair=S50, Out-of-Town=S70 10-30 Approve Lane Change of Robert Foley•from (BA+10 tO BA+20): M/K.Thymian, S/J. Ross and unanimously carried to approve the lane change for Robert Foley effective February 1,2010. 10-31 Negotiations Strategy (Closed Session): The negotiation committee said they had no new data to present, so they would not need to close the session. 10-32 Accept Resignation of Sara Wollschlager as Head Volleyball Coach: M/B. Zahrbock, S/G. Radermacher and unanimouslY carried to accept the resignation of Sara Wollschlager as head volleyball coach effective immediately, Board Reports: Hoffman: Plathe, and • Ross met with Supt. and Trans. Supv. to discuss possible route changes. Asked the Supt. to compile financial information for additional bus, or outside contracting for transportation. Ross: Attended MSBA Leadership Conference. State said not to plan for any funding increases for next eight years. There may be decreases in funding. He.discussed MACCRA's change to 4-day school week. He Said they are very satisfied with the change and plan to continue for next year. Encouraged the school to pui'chase a milk shake machine for concessions/ala carte. Kiepel: Attended MSBA Leadership Conference and MREA. MREA is looking at establishing small school groups. Superintendent Repprt: Quarter ends January 22nd. Laura Mrzlak, Art Instructor from Wheaten, will be taking a 30 day leave of absence in February. Wheaten has not been able to find a licensed instructor to substitute during her absence, so OHS will need to hire a long-term sub. In the matter to consider the authority of the Lac qui Parle County Commissioners to grant petitioners the right to detach from the Ortonville. School District, the judge ruled that the commissioners did not have the authority to grant the detachment- petitions. Confirm Meeting Dates: January 26, 2010 - Tuesday - 7:00 PM - Library - 2010-11 Budget Work Session February 2, 2010-Tuesday-7:00 PM- Library-Board Goals Meeting February 3, 2010 - Wednesday - 7:00 PM - Negotiations Meeting February 10, 2010 - Wednesday - 12:00 PM - Mediation Meeting February 18, 2010 - Thursday - 7:00 PM - Library - Regular Meeting Adjourn: 9:09 PM SPECIAL SESSION January 26, 2010 The. Ortonviile Board of Education met in special session on Tuesday, January 26,2010 at 7:00 PM in the Library for a budget work session. Members Present: Mike Hamson, Timothy Henrich, Marlowe Klepel, James Nelson, John Plathe, Glen Radermacher, Jay Ross, Kathi Thymian, Brent Zahrbock Members Absent: Debbie Hoffman, Richard Johnson and Kevin Bierschbach Dental Rademacher Also Present: Jeff Taylor, LuAnn Hansen, Julie Schneider, Joel Stattelman, Gary Pfleger, Joe Eustice, Trevor Keller and Kelly Gustafson. 10-33 Budget Discussion (2010-11 ): Supt. Taylor reviewed enrollment and "fund balance projections with the board. He'then asked the board to set a Phase I Target for budget reductions. Phase I would assume there would be no changes in revenue or expenses from the 09-10 budget. The board agreed on a budget reduction target of $250,000. The board then asked Supt Taylor to fifid the estimated savings for the following items: 1.. Capital Expenditure Freeze - spend only available levy for capital 2. Reduce supplies budget by 5% 3. Eliminate elementary computer position (.57 FTE) 4. Eliminate iTV" course (French/German) 5. Fund staff development through Title funding only 6. Reduce custodial staff 7. Severance payment reductions 8. Extra-curricular reductions 9.4-day school week 10. Share superintendent with another school 11. Eliminate community education 12. Climate Control - savings from contract termination Supt. Taylor a[so asked the board to consider additional budget cuts (Phase II). These cuts would take into consideration revenue delays or reductions. The board did not want to proceed with Phase II until they saw the possible savings from Phase I. Adjourn: 9:04 PM Marlowe Klepel, Chair Deborah E. Hoffman, Clerk Court report (Week of March 8, 2010) MN HIGHWAY PATROL Connie Jane.Holbrook, Fargo, ND, Speeding. Martin Raymond Heck, Beardsly, Speeding, Fine $110. Jeffrey Jay Ruona, Garfield, Speeding, Fine $135. BIG STONE CO. SHERIFF Kathy 'Kay Korstad, Madison, Vehicle Registration Required, Fined $115. Marcus Dean Morrissette, Clinton, Liquor-Posession by Person under 21, Disposition: Adjudication petty offender, Fine $50 DNR James,Norlen Gades, Wolverton, Hunting-Transportation of Firearms, • Fined $185. NO AGENCY Benjamin James Lieffort, Milbank, SD, Speeding 100/55, Fined $1082.00. Violin,. piano recital set for Chautauqua Concert goers i!i ' Jasper Wood brings his newest vio- lin/piano recital, celebrating the life and music of Jascha Heifetz to the .Milbank High School theater in Milbank, SD on Thursday, March 18 as part of the 09-10 concerts series sponsored by the Chautauqua Concert Association. The. concert begins at 7:30p.m. Jasper Wood has established him- self as a major talent of his genera- tion. He made his first public appear- ance at the age of five and has since captured the hearts of music lovers everywhere with his "thrilling Virtu- osity" (The Strad) and his "sweet tunefulness edged in melancholy" (Washington Post). An acclaimed co.mpetition winner, Wood has developed a flourishing reputation as a sought-after soloist with major orchestras and as a recital- ist/chamber musician througho.ut North America and Europe. He has been awarded both the coveted Sylva Gelber Prize (1996) and the presti- gious Virginia Parker Award (2004) from the Canada Council. He teaches violin at the University of British Columbia. Jasper Wood's program on March 18 will consist of the 'greatest hits' of the 20th Century's greatest violinist - Jascha Heifetz (1901-1987), and will include Beethoven's Sonata No. 5 in F "Spring" Allegro, and Vitali's Chaconne in g minor. After intermission he will feature many of Heifetz' arrangements of lighter pieces like Estrellita (Little Star) by Manuel Ponce, Zigeunerweisen by Pablo Sarasate, Jeanie With The Light Brown Hair by Stephen Foster, March from the "Love for Three Oranges" by Sergei Prokofiev, Beau Soir by Claude Debussy and La Ronde des Lutins by Antonio Bazzini. To attend this outstanding recital, you will need to be a member of the Chautauqua Concert Association. 00INDEPENDENT Tuesday, March 16, 2010 f