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April 29, 2003     The Ortonville Independent
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notices "ICE 3N OF ENTITY OF THE WITHIN THE BY LAW IS NOT THIS ACTION. EBY GIVEN, that in conditions of the 11/04/99 Stanley W. : Magellan Mortgage RECORDING: 17, 2000, Big Stone Document No. OF MORTGAGE: NA - Dated: 00, Recorded Stone County o. 150678. :RIPTION OF l-five (75) of Outlet Clinton, Big PROPERTY IS IPAL AMOUNT OF ND CLAIMED TO OF NOTICE, ANY, PAID BY s commencement of Iosure proceeding se of Mortgagee requirements as no action or instituted at law or the debt secured )ower of sale the above sold by the SALE: Tuesday, a.m. Front Steps of Big ourthouse, City of secured by said if any, on said le costs and attorneys' fees ect to redemption from the date of tgagor(s), their or assigns. ELEASED FROM 3N ON BY LAW FOR E MORTGAGOR, 'S PERSONAL OR ASSIGNS, FIVE WEEKS '.R IS ENTERED STATUTES, DETERMINING, THAT THE ARE RESIDENTIAL THAN FIVE ROPERTY USED PRODUCTION, 2003 Bank One, NA of Mortgagee P.A. FROM A 15, 22, 29, 2003) )IClAL DISTRICT OURT DWISION NO. P2-03-79 OF HEARING OF OF IN AND RS PERSONS is hereby day of May, 2003 a hearing will be named Court at for the formal to named 20, 1991 11is A. innasota 56278 of the estate d decedent in and that any filed with the no objections representative =dminister the pay all legal expenses, and property, and do the estate. Upon the a final account entitled and close the given that ALL ires against said the same or to the four months notice or said Peter A. Hell, _ Judge ,., Diana Shelstad, L"urt Administrator oy Dab Henningson, Deputy 123 NOTICE ADVERTISEMENT FOR BIDS NOTICE TO CONTRACTORS ROAD CONSTRUCTION Notice is hereby given that sealed bids will be received by the Big Stone County Board of Commissioners at the office of the County Auditor, 20 SE 2nd Street, Ortonville, Minnesota 56278 until 11:00 A.M. on the 20th day of May 2003 for the construction of the following projects: C.P. 06-663-02 LOCATION FROM: a point at or near 300 feet south of the south west corner of section 29, T123N, R46W. TO: a point at or near the north west corner of Section 20, T123N, R46W TYPE OF WORK: Grading and Aggregate Base Major work items are: L;ommon Excavation ...... Cubic Yard 170,231 Aggregate Base, Class 1 ........................... Ton12,158 4" Perforated PE Pipe Drain ........... Linear Foot 9,550 Upon payment of $20 fee (non- refundable, make checks payable to Big Stone County Highway Department), lans, proposals and specifications may e obtained at the County Engineer's Office, 437 North Minnesota Street, Ortonville, MN 56278, (320) 839-2594 Big Stone County retains the right to reject any and all bids, or any part of a bid. Plan Holders lists will be available on the internat at www.bigstonecounty.org/highway updated on Mondays by 5:00 p.m. A Bidders Abstract will be available on the website by 5:00 p.m. on the day of the bid opening. All bids must be sealed, identified on the envelope, and accompanied by a Certified Check or Bidder's Bond jayable to the Big Stone County reasurer in the amount of at least five o percent (5 '/,,)of the total bid. Said check or bond will be forfeited in the event that the bidder fails to enter into a contract. No bidder may withdraw a bid within 30 days after the scheduled closing time of the receipt of bids. Michetle R. Knutson, Auditor Big Stone County, Minnesota (April 22, 29, May 6, 2003) NOTICE PRIOR TOWNSHIP RESIDENTS The Prior Township Board meeting will be held on Wednesday, May 14, 2003 at 7:00 PM at the Prior Town Hall. David Weber Prior Township Clerk (Apdl 29, 2003) NOTICE DISTRICT COURT EIGHTH JUDICIAL DISTRICT PROBATE COURT DIVISION COURT FILE NO. P4-03-83 STATE OF MINNESOTA COUNTY OF BIG STONE ORDER AND NOTICE FOR HEARING PETITION FOR DETERMINATION OF DESCENT In Re: Estate of LARRY D. KOCH Deceased The petition of Cheryl A. Koch, dated March 7, 2003, having been filed in this Court representing that the above named decedent has been dead for more than three years leaving certain property therein described, and requesting the probate of the last will of each decedent, if any, and the descent of said property be determined and assigned by the Court to the persons entitled thereto. IT IS HEREBY ORDERED, that said petition be heard on the 28th day of May at 8:30 o'clock a.m. by the above .. named Court at the Big Stone County Courthouse, 20 SE Second Street, Ortonville, State of Minnesota. IT IS FURTHER ORDERED that the petitioner give notice of said hearing in the manner prescribed by M.S.A 524.1- 401 to all persons entitled to notice pursuant to M.S.A. 524.3-204. Dated: April 17, 2003 Peter A. Heft, Judge of District Court Diana Shelstad, Court Administrator by Dab Henningson, Deputy Court Administrator Attorney for Personal Representative David (3. McLaughlin FLUEGEL, HELSETH, MCLAUGHLIN, ANDERSON & BRUTLAG, CHARTERED 212 - 2rid St. NW Ortonville, MN 56278 3tt320) 839-2549 20) 839-2540 omey License No.: #127383 (April 29, May 6, 2003) PUBLIC NOTICE CLOSE PROXIMITY OWNERS AND LOCAL OFFICIALS BIG STONE COUNTY BOARD OF ADJUSTMENT Notice is hereby given that the Big Stone County Board of Adjustment will hold a public heating on May 9, 2003 to act on the following variance ap.lication: me: 9:00 a.m. Property Owners: Darren Troy Lang and Joseph Chadas Lang L.E. Applicant: Darren tang Legal Description: Lot 1, Revised Plat of Foster, a subdivision located in vemment Lot 2, Section 34, Township 3, Range 48 Location of Hearing.: Approximately 15 miles north of Ortonwlle on Hwy. 7 The vadanca request is from Sections 5.2.1,2.1. of the Big Stone County Land Shoreland Management Ordinance, 1993 and proposes to construct a garage using a setback of approximately 10 feet to the property line. Section 5.2.1.2.1. specifies that all structures shall be setback from the rOperty line at least 20 pement of the t width or 20 feet, whichever is least. All persons interested may appear and be heard at said time and place, or submit views in writing or by representative. If you know of any interested property owner who, for any reason has not received a copy of this notice, please inform him/her of the t me and place of the headng. Dated: Apd122, 2003 Ronda Maas, Deputy Enronmental Officer 20 SE 2nd St, Ortonville, MN 56278 (Apdl 29, 2003) PROCEEDINGS OF THE BELLINGHAM SCHOOL BOARD April 16, 2003 The Board of Education of Ind. School District #371, Bellingham, MN met in regular session on Wednesday, April 16, 2003 in the Home Economics Room. The following board members were present: Glen Radermacher, Tim Henrich, Kevin Rademacher, and Mark Weber. Chad Strei and Richard Johnson, were unable to attend. Student board members: Paul Adelman and Whitley Strei, were also in attendance. Several resident, patrons of the district, were present. Addle Snaza, Gloria Letrud, Jay Orvik, Cathy Radermacher, and Stanley Krogsrud, were present, on behalf of the teachings! staff. Radermacher called the meeting to PROCEEDINGS OF THE 0RTONVILLE CITY COUNCIL MONDAY, APRIL 7, 2003 7:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL: President Pro-Tam Oakes called the regular meeting of the Ortonville City Council to order at 7:00 P.M. Roll call was taken with the following being present: Lisa Berkner, Mel Reinke, Artie Arndt, Lahore Sellin, Mike Dorry with the following absent: Dave Dinnel. City Staff Present: Char Grossman. Media present: John Paulson, Beth Fuller. Others Present: Jim Foster, Brad Schipper, Ken Archer, Roy Bailey, Roman Taffe, Bob Pflueger, Nell Block, Pary Homrighausen, Dave Maas. AGENDA AMENDMENTS: A motion was offered by Dorry and order at 8:05 p.m., and welcomed seconded by Reinke and the motion did everyone in attendance. Henrich made the motion, to add a Data Privacy Issue to the Agenda, and to place that Issue at the end of the Agenda. Weber seconded the motion, and the Data Privacy Issue was added to the end of the Agenda. Weber moved, Henrich seconded, and all voted in favor to approve the Agenda as presented. Henrich moved, Rademacher seconded, and all voted in favor to approve the Minutes as presented. Weber moved, Henrich seconded, and all voted in favor to approve the Accounting Report as presented. Henrich moved, Weber seconded, and all voted in favor to approve and Pay the Bills, as presented, which totaled $ 9,643.02. Bids for the shingling project, at the District-Owned-House (labor only), were opened and reviewed. Bids were received from Rademacher Construction, Gary Mickels, and Kyle Mangel. Weber moved, Henrich seconded, and all voted in favor to accept the low bid from Kyle Mangel, and to award the job to him, pending the receipt of appropriate job references, demonstrating his workmanship. Should such references not be available, the bid would then be awarded to the second lowest bidder, Rademacher Construction. Copies of the recent Health and Safety Committee Meeting Minutes, were distributed and quietly read, and briefly discussed. Weber moved, Rademacher seconded, and all voted in favor to approve the minutes as presented. Supt. Seller distributed a worksheet from the Lac qui Parle School, that showed a breakdown of their Tuition Proposal for this current 2002-2003 School Year. Following some discussion, Rademacher moved, Henrich seconded, and all voted in favor to approve the Lac qui Parle Tuition Agreement, as presented, based on the formula, with the final calculation based on year-end figures. Radermacher read a letter of resignation from Ms. Karl Weness. Weber moved, Henrich seconded, and all voted in favor to accept Ms. Weness's resignation, noting that it is accepted with regret. Weber moved, Rademacher seconded, and all voted in favor to approve and sign a contract for the 2003-2034 School Year, with Linda Christine Hoffman, in the position of Elementary Music Instructor. Copies of the recent ParentTeacher Conference Evaluation Sheets, .were' distributed to the board members, for review. Cathy Radermacher informed the board of the results of the survey, that had recently been sent to parents of Bellingham Students, concerning starting times for the 2003-2004 School Days. She shared some of th comments, that parents had noted on their surveys. Rademacher moved, and Henrich seconded, and all voted in favor to approve the student day, with the 8:00 Breakfast Time, 8:30 Class Time, with the 3:00 Dismissal Time, for the 2003-2004 School Year. Copies of the Calendar of Events were distributed. Supt. Seller noted a need to set attendance guidelines, for the First Grade Preparedness Program, for the 2003-2004 School Year. The board suggested, that he meet with Ms. Pearson (First Grade Preparedness Instructor), and develop some guidelines, to present to the board, at a later date. Supt. Seller informed the board, that he is hoping to fill the school nurse position soon. Board members were reminded, that the Spring Musical and Sixth Grade Graduation, is scheduled for Tuesday, May 13, 2003 at 7:00 p.m., with Radermacher and Strei to assist with the Graduation portion of the program. Copies of the Legislative and Senate Loggers, were distributed. Radermacher moved, Weber seconded, and all voted in favor to authorize Ray Seller to act as the LEA Representative in filing an application for funds as provided under Public Law 103-283 for the 2003-2004 School Year, and to authorize the followingpersons for: Title I - Linda Hoffman: Title II - Larry Sheldon; Title V - Ray Seller; and Title VI - Ray Seller. Weber moved, Henrich seconded, and all voted in favor to act as the Homeless Liaison Representative in filing an application for funds, as provided under Public Law 103-283 for the 2003-2004 School Year. Radermacher called for a Recess at 9:05 p.m., to allow the board to address a Privacy Issue. Radermacher called the meeting backto order at 9:40 p.m.. The next regular meeting of the Bellingham Board of Education, is scheduled for Monday, May 19, 2003 at 8:00 p.m.. With no further business, the meeting was adjourned. Glen Radermacher, Chairman by dh rThe Ortonullle TM Independent For all your printing neeas call 320-839-6163 fax 320-839-3761 email- mail@ ortonvilleindependent .com Check out our web site at WWW. ortonvilleindependent .Gem pass unanimously to approve the meeting; agenda as presented. RECOGNITIONS AND PRESENTATIONS: Bob Pflueger and Roman Taffe updated the Council on the kidney dialysis project. The response from the Ortonville residents and surrounding communities has been unbelievable. Dorry moved and Reinke seconded that the following resolution be adopted: RESOLUTION 03-029 RESOLUTION APPROVING KIDNEY DIALYSIS PROJECT Ken Archer reported to the Council about the equipment and furniture lease purchase financing. Two proposals were received from Wells Fargo Bank SD, N.A. - 4.56% and Minnwest Bank of Ortonvilte - 4.60%. A motion was made by Berkner and seconded by Sellin and the motion did pass unanimously to approve the low bid of Wells Fargo Bank SD, N.A. in the amount of 4.56%. A resolution will be prepared by Ehlers & Associates to be approved at the April 21 st meeting. Ken Archer updated the Council that upon the recommendation from the nephrologist and planners to consider locating the Kidney Dialysis Unit on the top floor of the Northside Clinic Building. The 'building use committee' will meet to continue the study of the City building spaces. CITIZENS TO BE HEARD: Neal Block was present to express his concerns about the noise that is created by the trucks and crane traffic in the alley behind his property on Paul Bunyan. Roy Bailey has talked to the City Attorney about the zoning of these areas. A motion was made by Reinke and seconded by Dorry and the motion did pass unanimously to refer the matter to the Planning Commission for further deliberation. BIDS: Bids for the 2003 Seal Coat project were opened and one bid was received in the amount of $22,035.00 from Bituminous Paving, Inc. A motion was made by Oakes and seconded by Rainke and the motion did pass unanimously to refer the matter to the Street Committee for further deliberation. Bids for the 2003 Street Rehabilitation Project were opened and bids were received from Highway Improvement, Inc. in the amount of $3,000.00 and frOm PreciSion Sealcoatlng, Inc. iW the amount of $13,250.00. Reinke moved and Barkner seconded that the following resolution be adopted: RESOLUTION 03-030 RESOLUTION ACCEPTING THE BID FROM HIGHWAY IMPROVEMENT, INC. FOR 2003 STREET CRACK FILLING CONSENT AGENDA: President Pro-Tam Oakes asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Deletions - 13.h. Airport Maintenance Contract 13.e. Swimming Pool Motion was made by council member Arndt, and seconded by council member Sbllin, to approve the Consent Agenda which included the following items: 9.a:Motion approving proposed council minutes of March 17, 2003. 13.a:Motion approving Mayor Dinnel's appointment of Arnold Souba to the Tree Board. 13.b:Arndt moved and Sallin seconded that the following resolution be adopted: RESOLUTION 03-031 APPROVING TOWNSHIP FIRE CONTRACTS 13.c:Motion approving the Personnel Committee recommendation of a 1.4% cost of living adjustment plus 25 cents per hour for Matt Hippie effective January 1,2003. 13d:Arndt moved and Sellin seconded that the following resolution be adopted: RESOLUTION 03-032 APPROVING AIRPORT HANGER/TIE- DOWN LEASE AGREEMENTS 13.f: Motion approving the Park Board recommendations to advertise for the Summer Recreation Director position. 13.g:Arndt moved and Sellin seconded that the following resolution be adopted: RESOLUTION 03-033 RESOLUTION APPROVING HWY 7 PROJECT CHANGE ORDER #5 13.i: Motion approving Hospital project pay request #22 $63,051.50 15. Motion approving payment of bills as presented. With all members voting in favor, the motion carried. Oakes updated the Council on the Jobz Zones legislation. There are 5 and 10 county alliance groups and the City has to choose one or maybe even both. Will check to see if the City could participate in both groups. Oakes moved and Arndt seconded that the following resolution be adopted: RESOLUTION 03-034 RESOLUTION APPROVING JOBZ TAX FREE ZONES-UPPER MINNESOTA VALLEY REGIONAL DEVELOPMENT COMMISSION The need for an assistant pool director position was discussed. Oakes moved and Reinke seconded and the motion passed unanimously approving the Park Board recommendations to create an assistant pool director osition, approve the 2003 Swimming ool Fees as proposed, discontinuing pool day care passes and scholarships. The Airport Maintenance Contract was discussed. Reinke moved and Berkner seconded and the motion passed unanimously to refer the contract back to the airport board for an adjustment of the amount of compensation to be paid to Verheul to be more consistent to the 1.4% cost-of- living adjustment that the City Employees received in 2003. Also to change the dates of this contract to run from April 1, 2003 December 31,2003. ADJOURNMENT: There being no further business to come before the Council, Dorry moved the adjournment of the meeting and with no objections thereto, Oakes adjourned the April 7, 2003 regular meeting of the Ortonville City Council at 8:15. Charleen K. Grossman, City Clerk-Administrator PROCEEDINGS OF THE 0RTONVILLE SCHOOL BOARD Monday, March 17, 2003 The Ortonville Board of Education met in regular session on Monday, March 17, 2003 at 7:00 PM in the Library/Media Center. Members Present: James Nelson, Marlowe Klepel, Brent Zahrbock, Jay Ross and Kathi Thymian Not Present: Ron Thompson Also Present: Jeff Taylor, Sarah Miller Jul e Schneider, Terry Rheingans, Joel Stattelman, Aaron and Michelle Knutson, Jane Anderson, Arnold Souba, Susan Spore, Laurie Maas, Ryan Danielson, Heather Eastman, Bonna Rasset, Kelly and Clark Mastel, Pat ThOmpson, Kyle Kirkeby, John Olson, Liz Ketz, Glenda Reiffenberger, and Mary Dahl. The meeting was called to order by Chair - James Nelson 03-39 M/Zahrbock, S/Klepel and unanimously carried to approve the agenda with the following additions: 03-40.2 - Add $29,396.34 to the March bills. (Big Stone School Tuition Invoice) The new total for March bills will now be: $385,870.95. 03-40.5 - Accept Resignation of Jo Elliott effective June 5, 2003. 03-40.6 - Tuition Agreement with Milbank for Three (3) Students 03-40 M/Thymian, S/Klepel and unanimously carried to approve the following consent items: 03-40.1 Approve the meeting minutes for February 19, 2003 as presented. 03-40.2 Approve the payment of March bills in the amount of $385,870.95 03-40.3 Approve Cash Balance Sheet and Investments 03-40.4 Approve open enrollment request of Julia Morrisette for her children, Kristen (5th), James and Tiffany (1 St). 03-40.5 Accept, with regret and thanks for her years of dedicated service, the resignation of Jo Elliott effective June 5, 2003. 03-40.6 Approve tuition agreement with Milbank School District for three PRINTING Is Our Business THE ORTONVILLE INDEPENDENT iii i PORTAL NETWO00RK, INC. "Ortonville's Newest Shoppers and Visitors Guide" WE INVITE YOU TO VISIT OUR SITE AND COMMUNITY CALENDAR AT www.pan2.com Community based listing .f all. businesses and non-profit orgamzations Community calendar *Weatherlink Message board ,Classified ads l "ii it lii iiii ii i!ill i!!i ili iili i ili Ortonville, MN 320-839-3610 students (K,2,10) Discussion Items: 03-41 Character Education Committee (504 Student Dress and Appearance): Ryan Danielson, Character Education Committee director addressed the school board. Due to concerns by students, teachers, and community members the committee roposed the following changes to ohcy 504 - Student Dress and Appearance: General Statement of Policy, C., #1 is amended to read: 1. "Short shorts", skimpy tank tops, tops that expose the midriff, exposed undergarments, low cut shirts that expose cleavage, bare backs, and other clothing this is not in keeping with community standards, a. "short shorts" shall be defined as a hem line rising higher than the fingertips at the sides while standing in a normal position. "bare back" !__de.fined as a shirt that exposes the back below the bottom of the shoulder blades. M/Thymian, S/Ross and unanimously carried to implement the recommended changes. The Character Education Committee will be notifying parents of these new requirements, and will also define the consequences for not following the dress code policy. 03-42 - 4th and 5th Grade 2003-04 Staffing Changes: Due to the resignation of Jo Elliott, Principal Stattelman proposed the following: There will be three full-time teachers for grades 4-5. Liz Ketz - 4th grade, Kyle Kirkeby and John Olson - 5th grade, The fourth grade class, with a current registration of 29, will be divided into two groups for math and language arts. Susan Spors will teach one group of approximately 15, and any Title I students withparaprofessional support assistance. Mrs. Ketz will teach the other equal sized group. Mrs. Ketz, with paraprofessional assistance, will teach social studies and science/health for the 4th grade class. No action was taken. 03-43 - Review Proposed 2003-04 Staffing changes: Superintendent Taylor recommended a staff of three teachers for the 4-5 grade levels. He also recommended that the Kindergarten staff be reduced to one teacher (Mrs. Maas). Kelly Gustafson, the other Kindergarten teacher, would be moved to a K-3 Reading Specialist position. This position would be funded with federal dollars, and would help the school meet the new "No Child Left Behind" legislation. Supt. Taylor said the district would need to replace the secondary math position that will be vacant due to Mr. Kramer's resignation. No action was taken. Action Items: 03-44 - Approve the 2003-04 School Calendar: M/Thymian, S/Klepel and unanimously carried to approve the 2003-04 school calendar as presented. 03-45 - Approve the SW/WC Service Coop contracts for the 2003-04 School Year: M/Ross, S/Thymian and unanimously carried to approve the SW/WC Service Coop contracts for the 2003-04 school year. 03-46 - Set Date and Time for Superintendent's Evaluation: M/Klepel, S/Zahrbock and unanimously carried to set date, time and place for Superintendent's evaluation to: April 10, 2003 at 7:00 PM in the Superintendent's Office. 03-47 - Rescind Motion to Implement Policy to Address Appreciation Gifts and Memorials: M/Thymian, S/Klepel and unanimously carried to rescind the motion made on February 19, 2003 to implement a school policy to address appreciationgifts and memorials. BoardMembers Reports: Jay Ross: Attended Bonanza Ed. Center meeting. Will not be able to attend Ed. District meeting. Upcoming Opportunities: April 10, 2003 7:00 PM Superintendent's Office - Superintendent's Evaluation April 21, 2003 - 7:00 PM - Library/ Media Center - Regular April School Board Meeting Adjourn: 9:33 PM (M/Zahrbock, S/Ross and unanimouslycarried). SPECIAL SESSION Thursday, April 10, 2003 the Ortonville Board of Education met in special session on Thursday, April 10, 2003 at 7:00 PM in the Superintendent's Office. Members present: James Nelson, Marlowe Klepel, Jay Ross, Kathi Thymian and non Thompson Not present: Brant Zahrbock Also present: Superintendent Taylor The meeting was called to order at 7:05 PM by Chairperson James Nelson. 03-47 M/Klepel, S/Thompson and unanimously carried to approve the agenda as presented. Discussion Items 03-48 Superintendent's Evaluation Upcoming Opportunities: April 21 2003- Monday- 7:00 PM- Library/Media Center - Regular School Board meeting Adjoum: 9:20 PM Brant E. Zahrbock, Clerk James A. Nelson, Chairperson Husted to speak about depression A presentation on Depression and Suicide Awareness will be given on Tuesday, May 6 at 7:30 p.m. in the Clinton Memorial Building. Dr. John Husted will be presenting information on recognizing and diag- nosing depression in teens and adults, along with treatment and medication options. Husted will also provide the audi- ence with information on recognizing certain behaviors in individuals who may be contemplating suicide. He will be available for questions at the end of the presentation. This presentation will a;low the opportunity for teens and adults to gain insight into issues that can affect everyone, either personally or through association with family, the communi- ty, or employment. This presentation is sponsored by the Big Stone County Local Advisory Council on Adult and Children's Mental Health. Refreshments will be served after the presentation. For more information call Big Stone County Family Services at 320- 839-2555, e:tensiola 18. All questions and comments are Confidential. 29, 2003 " INDEPENDENT Page 7b notices "ICE 3N OF ENTITY OF THE WITHIN THE BY LAW IS NOT THIS ACTION. EBY GIVEN, that in conditions of the 11/04/99 Stanley W. : Magellan Mortgage RECORDING: 17, 2000, Big Stone Document No. OF MORTGAGE: NA - Dated: 00, Recorded Stone County o. 150678. :RIPTION OF l-five (75) of Outlet Clinton, Big PROPERTY IS IPAL AMOUNT OF ND CLAIMED TO OF NOTICE, ANY, PAID BY s commencement of Iosure proceeding se of Mortgagee requirements as no action or instituted at law or the debt secured )ower of sale the above sold by the SALE: Tuesday, a.m. Front Steps of Big ourthouse, City of secured by said if any, on said le costs and attorneys' fees ect to redemption from the date of tgagor(s), their or assigns. ELEASED FROM 3N ON BY LAW FOR E MORTGAGOR, 'S PERSONAL OR ASSIGNS, FIVE WEEKS '.R IS ENTERED STATUTES, DETERMINING, THAT THE ARE RESIDENTIAL THAN FIVE ROPERTY USED PRODUCTION, 2003 Bank One, NA of Mortgagee P.A. FROM A 15, 22, 29, 2003) )IClAL DISTRICT OURT DWISION NO. P2-03-79 OF HEARING OF OF IN AND RS PERSONS is hereby day of May, 2003 a hearing will be named Court at for the formal to named 20, 1991 11is A. innasota 56278 of the estate d decedent in and that any filed with the no objections representative =dminister the pay all legal expenses, and property, and do the estate. Upon the a final account entitled and close the given that ALL ires against said the same or to the four months notice or said Peter A. Hell, _ Judge ,., Diana Shelstad, L"urt Administrator oy Dab Henningson, Deputy 123 NOTICE ADVERTISEMENT FOR BIDS NOTICE TO CONTRACTORS ROAD CONSTRUCTION Notice is hereby given that sealed bids will be received by the Big Stone County Board of Commissioners at the office of the County Auditor, 20 SE 2nd Street, Ortonville, Minnesota 56278 until 11:00 A.M. on the 20th day of May 2003 for the construction of the following projects: C.P. 06-663-02 LOCATION FROM: a point at or near 300 feet south of the south west corner of section 29, T123N, R46W. TO: a point at or near the north west corner of Section 20, T123N, R46W TYPE OF WORK: Grading and Aggregate Base Major work items are: L;ommon Excavation ...... Cubic Yard 170,231 Aggregate Base, Class 1 ........................... Ton12,158 4" Perforated PE Pipe Drain ........... Linear Foot 9,550 Upon payment of $20 fee (non- refundable, make checks payable to Big Stone County Highway Department), lans, proposals and specifications may e obtained at the County Engineer's Office, 437 North Minnesota Street, Ortonville, MN 56278, (320) 839-2594 Big Stone County retains the right to reject any and all bids, or any part of a bid. Plan Holders lists will be available on the internat at www.bigstonecounty.org/highway updated on Mondays by 5:00 p.m. A Bidders Abstract will be available on the website by 5:00 p.m. on the day of the bid opening. All bids must be sealed, identified on the envelope, and accompanied by a Certified Check or Bidder's Bond jayable to the Big Stone County reasurer in the amount of at least five o percent (5 '/,,)of the total bid. Said check or bond will be forfeited in the event that the bidder fails to enter into a contract. No bidder may withdraw a bid within 30 days after the scheduled closing time of the receipt of bids. Michetle R. Knutson, Auditor Big Stone County, Minnesota (April 22, 29, May 6, 2003) NOTICE PRIOR TOWNSHIP RESIDENTS The Prior Township Board meeting will be held on Wednesday, May 14, 2003 at 7:00 PM at the Prior Town Hall. David Weber Prior Township Clerk (Apdl 29, 2003) NOTICE DISTRICT COURT EIGHTH JUDICIAL DISTRICT PROBATE COURT DIVISION COURT FILE NO. P4-03-83 STATE OF MINNESOTA COUNTY OF BIG STONE ORDER AND NOTICE FOR HEARING PETITION FOR DETERMINATION OF DESCENT In Re: Estate of LARRY D. KOCH Deceased The petition of Cheryl A. Koch, dated March 7, 2003, having been filed in this Court representing that the above named decedent has been dead for more than three years leaving certain property therein described, and requesting the probate of the last will of each decedent, if any, and the descent of said property be determined and assigned by the Court to the persons entitled thereto. IT IS HEREBY ORDERED, that said petition be heard on the 28th day of May at 8:30 o'clock a.m. by the above .. named Court at the Big Stone County Courthouse, 20 SE Second Street, Ortonville, State of Minnesota. IT IS FURTHER ORDERED that the petitioner give notice of said hearing in the manner prescribed by M.S.A 524.1- 401 to all persons entitled to notice pursuant to M.S.A. 524.3-204. Dated: April 17, 2003 Peter A. Heft, Judge of District Court Diana Shelstad, Court Administrator by Dab Henningson, Deputy Court Administrator Attorney for Personal Representative David (3. McLaughlin FLUEGEL, HELSETH, MCLAUGHLIN, ANDERSON & BRUTLAG, CHARTERED 212 - 2rid St. NW Ortonville, MN 56278 3tt320) 839-2549 20) 839-2540 omey License No.: #127383 (April 29, May 6, 2003) PUBLIC NOTICE CLOSE PROXIMITY OWNERS AND LOCAL OFFICIALS BIG STONE COUNTY BOARD OF ADJUSTMENT Notice is hereby given that the Big Stone County Board of Adjustment will hold a public heating on May 9, 2003 to act on the following variance ap.lication: me: 9:00 a.m. Property Owners: Darren Troy Lang and Joseph Chadas Lang L.E. Applicant: Darren tang Legal Description: Lot 1, Revised Plat of Foster, a subdivision located in vemment Lot 2, Section 34, Township 3, Range 48 Location of Hearing.: Approximately 15 miles north of Ortonwlle on Hwy. 7 The vadanca request is from Sections 5.2.1,2.1. of the Big Stone County Land Shoreland Management Ordinance, 1993 and proposes to construct a garage using a setback of approximately 10 feet to the property line. Section 5.2.1.2.1. specifies that all structures shall be setback from the rOperty line at least 20 pement of the t width or 20 feet, whichever is least. All persons interested may appear and be heard at said time and place, or submit views in writing or by representative. If you know of any interested property owner who, for any reason has not received a copy of this notice, please inform him/her of the t me and place of the headng. Dated: Apd122, 2003 Ronda Maas, Deputy Enronmental Officer 20 SE 2nd St, Ortonville, MN 56278 (Apdl 29, 2003) PROCEEDINGS OF THE BELLINGHAM SCHOOL BOARD April 16, 2003 The Board of Education of Ind. School District #371, Bellingham, MN met in regular session on Wednesday, April 16, 2003 in the Home Economics Room. The following board members were present: Glen Radermacher, Tim Henrich, Kevin Rademacher, and Mark Weber. Chad Strei and Richard Johnson, were unable to attend. Student board members: Paul Adelman and Whitley Strei, were also in attendance. Several resident, patrons of the district, were present. Addle Snaza, Gloria Letrud, Jay Orvik, Cathy Radermacher, and Stanley Krogsrud, were present, on behalf of the teachings! staff. Radermacher called the meeting to PROCEEDINGS OF THE 0RTONVILLE CITY COUNCIL MONDAY, APRIL 7, 2003 7:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL: President Pro-Tam Oakes called the regular meeting of the Ortonville City Council to order at 7:00 P.M. Roll call was taken with the following being present: Lisa Berkner, Mel Reinke, Artie Arndt, Lahore Sellin, Mike Dorry with the following absent: Dave Dinnel. City Staff Present: Char Grossman. Media present: John Paulson, Beth Fuller. Others Present: Jim Foster, Brad Schipper, Ken Archer, Roy Bailey, Roman Taffe, Bob Pflueger, Nell Block, Pary Homrighausen, Dave Maas. AGENDA AMENDMENTS: A motion was offered by Dorry and order at 8:05 p.m., and welcomed seconded by Reinke and the motion did everyone in attendance. Henrich made the motion, to add a Data Privacy Issue to the Agenda, and to place that Issue at the end of the Agenda. Weber seconded the motion, and the Data Privacy Issue was added to the end of the Agenda. Weber moved, Henrich seconded, and all voted in favor to approve the Agenda as presented. Henrich moved, Rademacher seconded, and all voted in favor to approve the Minutes as presented. Weber moved, Henrich seconded, and all voted in favor to approve the Accounting Report as presented. Henrich moved, Weber seconded, and all voted in favor to approve and Pay the Bills, as presented, which totaled $ 9,643.02. Bids for the shingling project, at the District-Owned-House (labor only), were opened and reviewed. Bids were received from Rademacher Construction, Gary Mickels, and Kyle Mangel. Weber moved, Henrich seconded, and all voted in favor to accept the low bid from Kyle Mangel, and to award the job to him, pending the receipt of appropriate job references, demonstrating his workmanship. Should such references not be available, the bid would then be awarded to the second lowest bidder, Rademacher Construction. Copies of the recent Health and Safety Committee Meeting Minutes, were distributed and quietly read, and briefly discussed. Weber moved, Rademacher seconded, and all voted in favor to approve the minutes as presented. Supt. Seller distributed a worksheet from the Lac qui Parle School, that showed a breakdown of their Tuition Proposal for this current 2002-2003 School Year. Following some discussion, Rademacher moved, Henrich seconded, and all voted in favor to approve the Lac qui Parle Tuition Agreement, as presented, based on the formula, with the final calculation based on year-end figures. Radermacher read a letter of resignation from Ms. Karl Weness. Weber moved, Henrich seconded, and all voted in favor to accept Ms. Weness's resignation, noting that it is accepted with regret. Weber moved, Rademacher seconded, and all voted in favor to approve and sign a contract for the 2003-2034 School Year, with Linda Christine Hoffman, in the position of Elementary Music Instructor. Copies of the recent ParentTeacher Conference Evaluation Sheets, .were' distributed to the board members, for review. Cathy Radermacher informed the board of the results of the survey, that had recently been sent to parents of Bellingham Students, concerning starting times for the 2003-2004 School Days. She shared some of th comments, that parents had noted on their surveys. Rademacher moved, and Henrich seconded, and all voted in favor to approve the student day, with the 8:00 Breakfast Time, 8:30 Class Time, with the 3:00 Dismissal Time, for the 2003-2004 School Year. Copies of the Calendar of Events were distributed. Supt. Seller noted a need to set attendance guidelines, for the First Grade Preparedness Program, for the 2003-2004 School Year. The board suggested, that he meet with Ms. Pearson (First Grade Preparedness Instructor), and develop some guidelines, to present to the board, at a later date. Supt. Seller informed the board, that he is hoping to fill the school nurse position soon. Board members were reminded, that the Spring Musical and Sixth Grade Graduation, is scheduled for Tuesday, May 13, 2003 at 7:00 p.m., with Radermacher and Strei to assist with the Graduation portion of the program. Copies of the Legislative and Senate Loggers, were distributed. Radermacher moved, Weber seconded, and all voted in favor to authorize Ray Seller to act as the LEA Representative in filing an application for funds as provided under Public Law 103-283 for the 2003-2004 School Year, and to authorize the followingpersons for: Title I - Linda Hoffman: Title II - Larry Sheldon; Title V - Ray Seller; and Title VI - Ray Seller. Weber moved, Henrich seconded, and all voted in favor to act as the Homeless Liaison Representative in filing an application for funds, as provided under Public Law 103-283 for the 2003-2004 School Year. Radermacher called for a Recess at 9:05 p.m., to allow the board to address a Privacy Issue. Radermacher called the meeting backto order at 9:40 p.m.. The next regular meeting of the Bellingham Board of Education, is scheduled for Monday, May 19, 2003 at 8:00 p.m.. With no further business, the meeting was adjourned. Glen Radermacher, Chairman by dh rThe Ortonullle TM Independent For all your printing neeas call 320-839-6163 fax 320-839-3761 email- mail@ ortonvilleindependent .com Check out our web site at WWW. ortonvilleindependent .Gem pass unanimously to approve the meeting; agenda as presented. RECOGNITIONS AND PRESENTATIONS: Bob Pflueger and Roman Taffe updated the Council on the kidney dialysis project. The response from the Ortonville residents and surrounding communities has been unbelievable. Dorry moved and Reinke seconded that the following resolution be adopted: RESOLUTION 03-029 RESOLUTION APPROVING KIDNEY DIALYSIS PROJECT Ken Archer reported to the Council about the equipment and furniture lease purchase financing. Two proposals were received from Wells Fargo Bank SD, N.A. - 4.56% and Minnwest Bank of Ortonvilte - 4.60%. A motion was made by Berkner and seconded by Sellin and the motion did pass unanimously to approve the low bid of Wells Fargo Bank SD, N.A. in the amount of 4.56%. A resolution will be prepared by Ehlers & Associates to be approved at the April 21 st meeting. Ken Archer updated the Council that upon the recommendation from the nephrologist and planners to consider locating the Kidney Dialysis Unit on the top floor of the Northside Clinic Building. The 'building use committee' will meet to continue the study of the City building spaces. CITIZENS TO BE HEARD: Neal Block was present to express his concerns about the noise that is created by the trucks and crane traffic in the alley behind his property on Paul Bunyan. Roy Bailey has talked to the City Attorney about the zoning of these areas. A motion was made by Reinke and seconded by Dorry and the motion did pass unanimously to refer the matter to the Planning Commission for further deliberation. BIDS: Bids for the 2003 Seal Coat project were opened and one bid was received in the amount of $22,035.00 from Bituminous Paving, Inc. A motion was made by Oakes and seconded by Rainke and the motion did pass unanimously to refer the matter to the Street Committee for further deliberation. Bids for the 2003 Street Rehabilitation Project were opened and bids were received from Highway Improvement, Inc. in the amount of $3,000.00 and frOm PreciSion Sealcoatlng, Inc. iW the amount of $13,250.00. Reinke moved and Barkner seconded that the following resolution be adopted: RESOLUTION 03-030 RESOLUTION ACCEPTING THE BID FROM HIGHWAY IMPROVEMENT, INC. FOR 2003 STREET CRACK FILLING CONSENT AGENDA: President Pro-Tam Oakes asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Deletions - 13.h. Airport Maintenance Contract 13.e. Swimming Pool Motion was made by council member Arndt, and seconded by council member Sbllin, to approve the Consent Agenda which included the following items: 9.a:Motion approving proposed council minutes of March 17, 2003. 13.a:Motion approving Mayor Dinnel's appointment of Arnold Souba to the Tree Board. 13.b:Arndt moved and Sallin seconded that the following resolution be adopted: RESOLUTION 03-031 APPROVING TOWNSHIP FIRE CONTRACTS 13.c:Motion approving the Personnel Committee recommendation of a 1.4% cost of living adjustment plus 25 cents per hour for Matt Hippie effective January 1,2003. 13d:Arndt moved and Sellin seconded that the following resolution be adopted: RESOLUTION 03-032 APPROVING AIRPORT HANGER/TIE- DOWN LEASE AGREEMENTS 13.f: Motion approving the Park Board recommendations to advertise for the Summer Recreation Director position. 13.g:Arndt moved and Sellin seconded that the following resolution be adopted: RESOLUTION 03-033 RESOLUTION APPROVING HWY 7 PROJECT CHANGE ORDER #5 13.i: Motion approving Hospital project pay request #22 $63,051.50 15. Motion approving payment of bills as presented. With all members voting in favor, the motion carried. Oakes updated the Council on the Jobz Zones legislation. There are 5 and 10 county alliance groups and the City has to choose one or maybe even both. Will check to see if the City could participate in both groups. Oakes moved and Arndt seconded that the following resolution be adopted: RESOLUTION 03-034 RESOLUTION APPROVING JOBZ TAX FREE ZONES-UPPER MINNESOTA VALLEY REGIONAL DEVELOPMENT COMMISSION The need for an assistant pool director position was discussed. Oakes moved and Reinke seconded and the motion passed unanimously approving the Park Board recommendations to create an assistant pool director osition, approve the 2003 Swimming ool Fees as proposed, discontinuing pool day care passes and scholarships. The Airport Maintenance Contract was discussed. Reinke moved and Berkner seconded and the motion passed unanimously to refer the contract back to the airport board for an adjustment of the amount of compensation to be paid to Verheul to be more consistent to the 1.4% cost-of- living adjustment that the City Employees received in 2003. Also to change the dates of this contract to run from April 1, 2003 December 31,2003. ADJOURNMENT: There being no further business to come before the Council, Dorry moved the adjournment of the meeting and with no objections thereto, Oakes adjourned the April 7, 2003 regular meeting of the Ortonville City Council at 8:15. Charleen K. Grossman, City Clerk-Administrator PROCEEDINGS OF THE 0RTONVILLE SCHOOL BOARD Monday, March 17, 2003 The Ortonville Board of Education met in regular session on Monday, March 17, 2003 at 7:00 PM in the Library/Media Center. Members Present: James Nelson, Marlowe Klepel, Brent Zahrbock, Jay Ross and Kathi Thymian Not Present: Ron Thompson Also Present: Jeff Taylor, Sarah Miller Jul e Schneider, Terry Rheingans, Joel Stattelman, Aaron and Michelle Knutson, Jane Anderson, Arnold Souba, Susan Spore, Laurie Maas, Ryan Danielson, Heather Eastman, Bonna Rasset, Kelly and Clark Mastel, Pat ThOmpson, Kyle Kirkeby, John Olson, Liz Ketz, Glenda Reiffenberger, and Mary Dahl. The meeting was called to order by Chair - James Nelson 03-39 M/Zahrbock, S/Klepel and unanimously carried to approve the agenda with the following additions: 03-40.2 - Add $29,396.34 to the March bills. (Big Stone School Tuition Invoice) The new total for March bills will now be: $385,870.95. 03-40.5 - Accept Resignation of Jo Elliott effective June 5, 2003. 03-40.6 - Tuition Agreement with Milbank for Three (3) Students 03-40 M/Thymian, S/Klepel and unanimously carried to approve the following consent items: 03-40.1 Approve the meeting minutes for February 19, 2003 as presented. 03-40.2 Approve the payment of March bills in the amount of $385,870.95 03-40.3 Approve Cash Balance Sheet and Investments 03-40.4 Approve open enrollment request of Julia Morrisette for her children, Kristen (5th), James and Tiffany (1 St). 03-40.5 Accept, with regret and thanks for her years of dedicated service, the resignation of Jo Elliott effective June 5, 2003. 03-40.6 Approve tuition agreement with Milbank School District for three PRINTING Is Our Business THE ORTONVILLE INDEPENDENT iii i PORTAL NETWO00RK, INC. "Ortonville's Newest Shoppers and Visitors Guide" WE INVITE YOU TO VISIT OUR SITE AND COMMUNITY CALENDAR AT www.pan2.com Community based listing .f all. businesses and non-profit orgamzations Community calendar *Weatherlink Message board ,Classified ads l "ii it lii iiii ii i!ill i!!i ili iili i ili Ortonville, MN 320-839-3610 students (K,2,10) Discussion Items: 03-41 Character Education Committee (504 Student Dress and Appearance): Ryan Danielson, Character Education Committee director addressed the school board. Due to concerns by students, teachers, and community members the committee roposed the following changes to ohcy 504 - Student Dress and Appearance: General Statement of Policy, C., #1 is amended to read: 1. "Short shorts", skimpy tank tops, tops that expose the midriff, exposed undergarments, low cut shirts that expose cleavage, bare backs, and other clothing this is not in keeping with community standards, a. "short shorts" shall be defined as a hem line rising higher than the fingertips at the sides while standing in a normal position. "bare back" !__de.fined as a shirt that exposes the back below the bottom of the shoulder blades. M/Thymian, S/Ross and unanimously carried to implement the recommended changes. The Character Education Committee will be notifying parents of these new requirements, and will also define the consequences for not following the dress code policy. 03-42 - 4th and 5th Grade 2003-04 Staffing Changes: Due to the resignation of Jo Elliott, Principal Stattelman proposed the following: There will be three full-time teachers for grades 4-5. Liz Ketz - 4th grade, Kyle Kirkeby and John Olson - 5th grade, The fourth grade class, with a current registration of 29, will be divided into two groups for math and language arts. Susan Spors will teach one group of approximately 15, and any Title I students withparaprofessional support assistance. Mrs. Ketz will teach the other equal sized group. Mrs. Ketz, with paraprofessional assistance, will teach social studies and science/health for the 4th grade class. No action was taken. 03-43 - Review Proposed 2003-04 Staffing changes: Superintendent Taylor recommended a staff of three teachers for the 4-5 grade levels. He also recommended that the Kindergarten staff be reduced to one teacher (Mrs. Maas). Kelly Gustafson, the other Kindergarten teacher, would be moved to a K-3 Reading Specialist position. This position would be funded with federal dollars, and would help the school meet the new "No Child Left Behind" legislation. Supt. Taylor said the district would need to replace the secondary math position that will be vacant due to Mr. Kramer's resignation. No action was taken. Action Items: 03-44 - Approve the 2003-04 School Calendar: M/Thymian, S/Klepel and unanimously carried to approve the 2003-04 school calendar as presented. 03-45 - Approve the SW/WC Service Coop contracts for the 2003-04 School Year: M/Ross, S/Thymian and unanimously carried to approve the SW/WC Service Coop contracts for the 2003-04 school year. 03-46 - Set Date and Time for Superintendent's Evaluation: M/Klepel, S/Zahrbock and unanimously carried to set date, time and place for Superintendent's evaluation to: April 10, 2003 at 7:00 PM in the Superintendent's Office. 03-47 - Rescind Motion to Implement Policy to Address Appreciation Gifts and Memorials: M/Thymian, S/Klepel and unanimously carried to rescind the motion made on February 19, 2003 to implement a school policy to address appreciationgifts and memorials. BoardMembers Reports: Jay Ross: Attended Bonanza Ed. Center meeting. Will not be able to attend Ed. District meeting. Upcoming Opportunities: April 10, 2003 7:00 PM Superintendent's Office - Superintendent's Evaluation April 21, 2003 - 7:00 PM - Library/ Media Center - Regular April School Board Meeting Adjourn: 9:33 PM (M/Zahrbock, S/Ross and unanimouslycarried). SPECIAL SESSION Thursday, April 10, 2003 the Ortonville Board of Education met in special session on Thursday, April 10, 2003 at 7:00 PM in the Superintendent's Office. Members present: James Nelson, Marlowe Klepel, Jay Ross, Kathi Thymian and non Thompson Not present: Brant Zahrbock Also present: Superintendent Taylor The meeting was called to order at 7:05 PM by Chairperson James Nelson. 03-47 M/Klepel, S/Thompson and unanimously carried to approve the agenda as presented. Discussion Items 03-48 Superintendent's Evaluation Upcoming Opportunities: April 21 2003- Monday- 7:00 PM- Library/Media Center - Regular School Board meeting Adjoum: 9:20 PM Brant E. Zahrbock, Clerk James A. Nelson, Chairperson Husted to speak about depression A presentation on Depression and Suicide Awareness will be given on Tuesday, May 6 at 7:30 p.m. in the Clinton Memorial Building. Dr. John Husted will be presenting information on recognizing and diag- nosing depression in teens and adults, along with treatment and medication options. Husted will also provide the audi- ence with information on recognizing certain behaviors in individuals who may be contemplating suicide. He will be available for questions at the end of the presentation. This presentation will a;low the opportunity for teens and adults to gain insight into issues that can affect everyone, either personally or through association with family, the communi- ty, or employment. This presentation is sponsored by the Big Stone County Local Advisory Council on Adult and Children's Mental Health. Refreshments will be served after the presentation. For more information call Big Stone County Family Services at 320- 839-2555, e:tensiola 18. All questions and comments are Confidential. 29, 2003 " INDEPENDENT Page 7b