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The Ortonville Independent
Ortonville, Minnesota
June 23, 2009     The Ortonville Independent
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June 23, 2009

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NOTICE PROCEEDINGS OF i ADVERTISEMENT FOR BIDS Sealed bids will be received by the THE BIG STONE City of Ortonville, Minnesota at the City Council Chambers, 315 Madison COUNTY BOARD Avenue, Ortonville, Minnesota until 1:00 NOTICE NOTICE p.m Thursday, July 16, 2009, at which May 19, 2009 OF PUBLIC HEARING ON APPROVAL DISTRICT COURT time they will be publicly opened and The Big St0n'e County Board of OF THE CAPITAL IMPROVEMENT EIGHTH JUDICIAL DISTRICT read aloud for furnishing all labor, Commissioners met in the Commissioner's PLAN AND THE ISSUANCE OF PROBATE DIVISION materials, and all else necessary for theRoom at 8:30 AM on Tuesday, May 19, CAPITAL IMPROVEMENT PLAN BONDS PURSUANT TO MINNESOTA STATUTES, SECTION 373.40 Notice is hereby given that the Board of County Commissioners of Big Stone County, Minnesota (the County), will meet at 10:00 a.m. on Tuesday, July 7, 2009, in the Commissioner's Board Room at the Big Stone County STATE OF MINNESOTA COUNTY OF BIG STONE ORDER AND NOTICE OF HEARING ON PETITION FOR ADJUDICATION OF INTESTACY, DETERMINATION OF HEIRSHIP AND APPOINTMENT OF PERSONAL REPRESENTATIVE IN UNSUPERVISED ADMINISTRATION construction of 2009 Underground Utility and Street Improvements - McCIoud Street and Forcemain Replacement West of Lake Shore Drive, Ortonville, Minnesota. Bids shall be upon basis of each payment for the following major estimated quantities: 2009. Chairman Olson celled the meeting to order with Commissioners Athey, Berning, Sandberg and Wulff present. Also present were Elsie Perrine, Mike Swenson of the Ortonville Independent, County Attorney Bill Watson and County Auditor Michelle Knutson. The Pledge of Allegiance followed. AND NOTICE TO CREDITORS Remove Bituminous Motion by Sandberg, seconded by Courthouse, 20 2nd Street SE, In Re: Estate of Pavement 3,400 SY Athey, and =carried to approve the minutes Ortonville, MN 56278-1544, to conduct CHAD DALE KRIER, Common Excavation 2,900 CY of the May 5" regular meeting. a public hearing to obtain publica/k/aCHAD D. KRIER, Aggregate Base, Motion by Wulff, seconded by Beming Class 5 1,100 CY and carried to approve the agenda. comment on the County's intention to Deceased,Bituminous Wear Commissioners reported on the approve the County's 2009 throughTO ALL INTERESTED PERSONS Course 400 Tons following committees: 2013 Capital Improvement Plan (the AND CREDITORS: Bituminous Non-Wear Wulff- Revolving Loan Fund CIP) and to issue Capital Improvement It is Ordered and Notice is herebyCourse 400 Tons Beming- Countryside Public Health Plan bonds (the Bonds) pursuant to given that on the 8th day of July 2009, 6" PVC Watermain 1,053 LF Olson- CD #2, Personnel; PrimeWest Minnesota Statutes, Section 373.40, in at 8:00 AM, a hearing will be held in the 8" PVC Sanitary Sewer 719 LF Sandberg - CBSL; Personnel an amount not to exceed $1,000,000. ' above named Court at Ortonville, The Bonds will be issued for the Minnesota, for the adjudication of 6" PVC Forcemain 2,300 LF Motion by Athey, seconded by Manholes/Catch Basins 16 Each Sandberg and carried to authorize a letter purpose of financing capital intestacy and determination of heirship Hydrants 2 Each of interest be sent to Senator Kubly for improvements identified in the Capital and for the appointment of Dale Krier, 6" Gate Valve and Box 5 Each stimulus funding to be used for energy Improvement Plan which includeswhose address is 63948 450th Street,12"- 27" Storm Sewer 1,007 LF efficient projects in the County. county road improvements. Odessa, Minnesota 56276, as personalCurb and Gutter 2,150 LF Discussion was held with Mark Taffe issuancelf a petitiOnof therequestingBonds aisVOtesignedOn theby namedrepresentatiVedecedent f the estatein unsupervised f the above The proposed work specified in the regarding Toqua Park. Board consensus voters equal to five percent of the votes administration, and that any objections contract documents must be was to proceed with the electrical work as cast in the County at the last general thereto must be filed with the Court. substantially complete by October 9, presented as the expenditure was election and filed with the County That, if proper, and no objections are 2009 and entirely completed by July 1, approved in 2008. In addition, consensus 2010. was to replace the agrilime around the Auditor within thirty (30) days after the filed, said personal representative will The Contract Documents are on file playground equipment with pea rock and public hearing, the County may issue be appointed to administer the estate, to and may be examined at the following replace a restroom door. the Bonds only after obtaining the collect all assets, pay all legal debts, locations: Motion by Athey, seconded by Beming approval of a majority of the voters claims, taxes and expenses, and sell Office of the City Administrator, and carried to authorize payment of the voting on the question of issuing the real and personal property, and do all Ortonville, Minnesota following claims as presented by Auditor Bonds. necessary acts for the estate. Copies of the proposed CIP and Notice is further given that (subject to Ulteig Engineers, Inc Detroit Lakes, Knutson: resolution are on file and may be Minnesota Statutes 524.3-801(b)(c)), Minnesota General $39,327.13 All bids shall be made on the bid Highway 20,259.39 inspected at the Big Stone County ALL CREDITORS having claims against packet included in the project manual. Ditch 4,41~.4~ Courthouse during normal business said estate are required to present the A complete digital copy of the drawings Total $64,005.00 hours. All interested parties are invited same to the personal representatives or and project manual, pursuant to which Motion by Athey, seconded by to attend the public hearing or to provide to the Court Administrator within four labor, materials, or services must be Sandberg and carried to execute the written comments to the undersigned, months after the date of this notice or furnished, is available at agreement with Hildi Inc. for an actuarial which written comments will be said claims will be barred, You may download the valuation as required by GASB 45. considered at the hearing. Dated: June 18, 2009 digital plan documents for $20.00 by Motion by Wulff, seconded by Sandberg Questions regarding this matter may Gerald J. Seibel, inputting the Quest Project No. 933156 and carried to reappoint Mark Brown as be referred to Michelle Knutson, Big Judge of District Court on our website's Project Search page the County's representative on the Stone County Auditor at (320) 839- SandeeTollefson, (located under Bidding Documents). Southwest Minnesota EMS Corporation 6366. Auxiliary aids are available upon Court Administrator Please contact at 952- Board of Directors. request at least 96 hours in advance of by Julie Berger, 233-1632 or for. Discussion was held on the the hearing. Deputy assistance in downloading and working correspondence received from Pioneerland BY ORDER OF THE COUNTY BOARD Craig O. Ash, ID #0218157 with the digital project information. Library System (PLS) regarding the BIG STONE COUNTY, MINNESOTA Ash & Reedstrom Law Office Bidders may also obtain hard copies of retirement of Ann Lauer from the Big StoneMiChellecountyR" Knutson,Auditor Ortonville,25 NW 2ndMNStreet,56278Suite 101 the plans and project manual from the Graceville Library. Board consensus was (June 23, 2009) issuing office of Ulteig Engineers, Inc that they have no concerns with how PLS " P.O. Box 150 Detroit Lakes, Minnesota plans to fill the position. JASMINE ROCKWELL, SOUTH DAKOTA STATE CHILDREN'S LIBRARIAN was a guest at the Grant County Public Library-Big Stone City Branch on Tuesday, June 9, She also visited the Revillo, Stockholm and Strandbur libraries which are all branches of the Grant County Public Library m Milbank. Pictured above, in front from left to right are Lael Jacobson and Tyler Millim, two of the many children participating in the Summer Reading Program which startedon June 9. Pictured in back from left to right are Jeanette Fedt (Librarian), Jasmine Rockwell and Janelle Kelly (Librarian). . . . ~ = II idepe 1dent Ads Get Nc hceq (You re reading this one aren t you?) NOTICE Telephone (320) 839-2551 (June 23 & 30, 2009) 56502 upon payment of a non- refundable fee of $75.00. MORTGAGE FORECLOSURE- NOTIC E All bids shall be made on the bidding BY ACTION IN DISTRICT COURT DISTRICT COURT documents included in the project EIGHTH JUDICIAL DISTRICT EIGHTH JUDICIAL DISTRICT manual. All bids shall be in a sealed Case Type: 10 PROBATE DIVISIONenvelope with a brief description Court File No.: 06-CV-09-54 STATE OF MINNESOTA thereon of the work for which the bid is being submitted and shall contain the STATE OF MINNESOTA COUNTY'OF BIG STONE required bid security. Bids may be filed COUNTY OF BIG STONE ORDER AND NOTICE OF HEARING NOTICE OF SHERIFF'S SALE UNDER OF ~ETITION FOR FORMAL with the City of Ortonville during normal JUDGMENT AND DECREE PROBATE OF WlLL AND office hours or hand carried to the Minnwest Bank Central - Ortonville, APPOINTMENT OF PERSONAL meeting prior to the scheduled bid Plaintiff/Claimant, REPRESENTATIVE IN opening as specified above. No bidder vs. UNSUPERVISED ADMINISTRATION shall withdraw his bid for at least sixty Ortonville Properties Partners, LEC, AND NOTICE TO CREDITORS (60) days after the scheduled closing Larson and Swanson Property In Re: Estate of time for the receipt of bids. Partners, LLC and James A. Larson, HARVEY P. PANSCH, Bidders are advised any contract or Defendant/Respondent Deceased contracts awarded are expected to be NOTICE IS HEREBY GIVEN, that TO ALL INTERESTED PERSONS funded by a loan or grant from the under and by virtue of an Amended AND CREDITORS: Public Facilities Authority and the Judgment and Decree enter in the It is Ordered and Notice is hereby American Recovery and Reinvestment above-entitled action on the 13th day of given that on the 8th day of July 2009, Act of 2009. Minnesota State Wages May, 2009, a certified copy of which has at 8:00 AM, a hearing will be held in the and Federal Wages will apply to this been delivered to me directing the sale above named Court at Ortonville, project. of the premises hereinafter described to Minnesota, for the formal probate of an Each bid shall be accompanied by a satisfy the amount found and adjudged instrument purporting to be the will of bidder's security in a sum equal to five due said Plaintiff in the above-entitled the above named decedent, dated (5) percent of the full amount of the bid action from said defendants, Ortonvilre January 5, 1983, and for the in accordance with the Instructions to Property Partners, LLC, and James A. appointment of James R. Pansch, Bidders. The bidder may submit a Bid Larson, the Sheriff of Big Stone County whose address is 8705 - 253rd Ave. N, Bond, certified check, or cashier's check will sell at public auction, to the highest Zimmerman, MN 55398, as personal payable to the City of Ortonville. The bidder for cash, on July 16, 2009, at representative of the estate of the above bid security is a guarantee that the 10:00 a.m at the Big Stone County named decedent in unsupervised bidder, if awarded the contact, will enter Courthouse, in the City of Ortonville, administration, and that any objections into a contract for the work described in County of Big Stone, State of thereto must be filed with the Court. the Contract Documents. The bid Minnesota, the premises and real estate That, if proper, and no objections are security of the three (3) lowest bidders described in the Findings of Fact, filed, said personal representative will will be retained until the contract has Conclusions of Law and Order for be appointed to administer the estate, to been awarded and executed, but no Judgment as referred to in said collect all assets, pay all legal debts, longer than sixty (60) days after the Amended Judgment and Decree:claims, taxes and expenses, and sell opening of bids. The successful bidder Lots (Four) 4 and Five (5), Block Ten real and personal property, and do all will be required to furnish contract (1 0), Orton's First Addition, City of necessary acts for the estate. Performance and Payment Bonds, each Ortonville. Notice is further given that (subject to in the full amount of the contract. /s/John Haukos Minnesota Statutes 524.3-801(b)(c)), The Owner reserves the right to reject Sheriff of Big Stone County ALL CREDITORS having claims against any or all bids and to waive Attorneys for Plaintiff/Claimant: said estate are required to present the informalities. FLUEGEL, ANDERSON, MCLAUGHLIN same to the personal representatives or Dated this 15th day of June, 2009. & BRUTLAG, CHTD. to the Court Administrator within four Mr. David Lang David C. McLaughlin #127383 months after the date of this notice or City Administrator 25 NW 2rid St Suite 102 said claims will be barred. City Of Ortonville, Minnesota Ortonville, MN 56278 Dated: June 17, 2009 (June 23 & 30, 2009) 320-839-2549 Gerald J. Seibel, (June 2, 9, 16, 23, 30 & July 7, 2009) Judge of District Court Sandee Toltefson, Court Administrator ght by Julie Berger, COUNTY OF BIG STONE Deputy STATE OF MINNESOTA ]VlC C L thou s Craig O. Ash, Attorney AN ORDINANCE TO AMEND THE for life 25 Nw 2nd Street, Suite 101 ADMINISTRATIVE CODE OF THE Ortonville, MN 56278 ORTONVILLE CITY CODE BY Telephone (320) 839-2551 REVISING CHAPTER 31 TO COMBINE Attorney Reg. #0218157 THE PUBLIC UTILITY COMMI'I'rEE (June 23 & 30, 2009) WITH THE STREET COMMITTEE. y contest By Carol Karels This year at the Big Stone County Fair there will be a petition to sign banning coerced abortions and information about forced abortions. We hope all of you will stop at the booth while you are at the fair or make a special trip to come to the booth. It is always a pleasant time out there visiting people, eating and watching the entertainment. We will also have the "Adorable Babies" promotion and need pictures of your baby or grandchild under the age of two. They don't have to live in the county but the winner rides in the Cornfest parade so will have to come home for that. This is the only fund raiser we have had for quite a few years so participation is important. We also need people to sit in the booth, call me at 273-2355 if you are able to do that. HR Director Sue Schultz reported that Kathryn Schliep has been hired as the Summer Assistant for the Extension Off~ce. HR Director Schultz reported that an ad will be placed the week of June ft for RFPs for the County's core insurance benefits for employees. Board consensus was to authorize HR Director Schultz to use the evaluation form as presented for upcoming performance reviews Motion by Sandberg, seconded byWulff and carried to cancel the previously executed agreement with Main Street Industries for cleaning services at Countryside Public Health and the Government Building and execute the revised agreement presented by Building Supervisor Jim Hasslen to include travel in the cost of service. Commissioner Clson abstained. Emergency Management Director Jim Hasslen presented H1N1 pandemic information to advise the Board on what will need to be done if it becomes a greater issue. Following a break, Environmental Officer Darren VVilke was present to explain the Feedlot Performance Credit Grant. Motion by Beming, seconded by Wulff and carried to execute the grant agreement with the MN Board of Water and Soil Resources for the MPCA County Feedlot Program 2008 Performance Credit our area Motion by Wulff, seconded by Athey and carded to adopt the following resolution: ucers! 0 . from everyone at Otter Tall Power POWER COMPANY I Milbank, SD : 605.432.:.4579; : eoo-257-, ,4 1 1WE'MIEItlH to serve you.] Allocations. Environmental Officer Wilke reported NOTICE OF EXPIRATION OF that the electronic waste collection was a success bringing in 21,000 pounds of REDEMPTION waste. Motion byAthey, seconded byWulffand STATE OF MINNESOTA ) Cindy Nelson carried to authorize an additional $5,500 to ) County Treasurer be expended on County Ditch #15 for COUNTY OF BIG STONE ) additional tiling. To all persons having an interest in lands described in this notice: You are notified that the parcels of land described in this notice and located in Big Stone County, Minnesota, are subject to forfeiture to the State of Minnesota because 2009-22 of nonpayment of delinquent property taxes, special assessments,penalties, interest BE IT HEREBY RESOLVED that Big and costs levied on those parcels. The time fOr redemption from forfeiture expires if a Stone County enter into the General redemption is not made by the later of: (1) 60 days after service of this notice on all Obligation Bond Proceeds Grant persons having an interest in the lands of record at the Office of the County Recorder Agreement with the Minnesota Department or (2) by the second Monday in May. The redemption must be made in my office. of Transportation (MnDot) for SAP 006- The following information is listed below: the names of the property owners, tax- 606-018. payers, and any interested parties who have filed their addresses under M.S. 276.041 ; NOTICE BE IT FURTHER RESOLVED that the legal description and parcel identification number of the parcel; and the amount Nicholas Anderson, County Engineer is necessary to redeem the parcel as of the date listed below. ORDINANCE NO. 09-07 authorized to execute the Grant CITY OF ORTONVILLE Agreement on behalf of Big Stone County. Names L~Z~[JZ~z~o~ PIE) Amount BE IT FURTHER RESOLVED that the S 25' of Lots 7, 8, 9 & 10, Block 1, Original, City of Barry W 80' of Lot 16, Block 2, Original, City of Beardsley W 80 ' of Lot 17, Block 2, Original, City of Beardsley Lot 1, Block 4, Original City of Beardsley Lot 18, Block 4, Original City of Beardsley Lot 4, Block 6, Original 15-0006-000$ 154.24 16-0024-000164.28 16-0026-000169.98 16-0040-000241.11 16-0053-000201.33 16-0066-000 216.38 City of Beardsley W 16' of Lot 5 & All Lot 6, 17-0092-000 815.35 Block 5, Erickson's First Addition, City of Clinton Lot 11 (Ex W 36'), Block 12, 19-0104-000 433.47 Original, City of Graceville Lots 3 & 4, Block 3, King's 19-0241-000 530.77 Addition, City of Graceville W 50'of Lot 15 & W 50' & 19-0253-010 258.98 S 10' of E 80' of Lot 16, Block 4, King's Addition, City of Graceville S 27' of Lot 5 & All Lot 8, 21-0115-000 1,807.72 Block 18, Orginal, City of Odessa Lots 9, 11 & 12, Block 18, 21-0116-000212.94 Original, City of Odessa GL 6 S of Hwy (Ex OL 26) & 22-0108-0003,101.17 OL 1 of GL 7 (Ex OL 144 & Part N of Hwy 12), Section 16-121-46, Ortonville City Lands Lot 5, Block 15, Original, 22-0212-000 2,537.03 City of Ortonville Lot 15, Block 32, Original 22-0323-000 145.83 City of Ortonville Lot 16, Block 32, Original 22-0324-000 327.77 City of Ortonville Lots 1, 2, 3, 4, 5, 6 & 7, 22-0872-000 192.11 Block 2, Scholberg's Addition, City of Ortonville BE IT ORDAINED by the City of County Board Chair and the County SatkamalThind Auditor are authorized to execute the Declaration on behalf of Big Stone County. Deecor Motion by Wulff, seconded by Berning and carded to adopt the following Deecor resolution contingent upon Attorney Watson's review: Deecor 2009-23 WHEREAS, Big Stone County has applied Jason Johnson Ortonville as follows: to the Commissioner of Transportation for Section 1. 31.09 of the Ortonville a grant from the Minnesota State Deecor City Code entitled PUBLIC UTILITYTransportation Fund for construction of COMMITTEE is hereby repealed in its Local Road Improvement Project No. SAP Jeffery & Felicia Athey entirety. 006-606-18; and Section 2. 31.10 of the Ortonville WHEREAS, the Commissioner of City Code entitled STREET Transportation has given notice that Todd Firchau COMMITTEE is hereby repealed in its funding for this local road improvement entirety, project is available; and Deecor Section 3. Chapter 31 of the WHEREAS, the amount of the grant has Ortonville City Code is hereby revised to been determined to be $84,388 by reason Robert J. BuN, Jr. add a new subsection as follows: 31.09 INFRASTRUCTURE COMMI'I-I'EE (A) An Infrastructure Committee shall consist of three members of the City Council selected by the Mayor with the approval of the Council. The Committee of the lowest responsible bid; NOW THEREFORE, BE IT RESOLVED that Big Stone County does hereby agree to the terms and conditions of the grant Martin & Shawn consistent with Minnesota Statutes, section Fredrickson 174.52, subdivision 5, and will pay any Martin & Shawn additional amount by which the cost Fredrickson exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the road project, but not required. Jennifer Angerhofer Beverly Starr Deecor Deecor Deecor A cost savings discussion was held for the remainder of the meeting. Motion by Athey, seconded by Berning and carried to approve the Early Retirement Incentive Offer as presented by HR Director Schultz. Elected officials are not eligible for the offer. Consensus was to have the Personnel Committee begin having meetings with Department Heads to review department structure including possible combinations FAILURE TO REDEEM THE LANDS PRIOR TO THE EXPIRATION OF and appointments. REDEMPTION WILL RESULT IN THE LOSS OF THE LAND AND FORFEITURE TO Discussion was held on opening a THE STATE OF MINNESOTA. dialogue with the union groups regarding Inquiries as to these proceedings can be made to the Big Stone County Trea- the possibility of opening contracts to surer, whose address is set forth below. assist with the upcoming budget issues. Witness my hand and official seal this 15th day of June, 2009. Chairman Olson adjourned the meeting Cindy Nelson at 10:32 AM. Big Stone County Treasurer Michelle R. Knutson, 20 Second Street SE Br--ten Olson, Auditor Ortonville, MN 56278 320-839-6395 Chairman (June 16 & 23, 2009) is to select its own chairperson. The members shall be appointed to the Committee for a term of two years commencing on the first Monday after the first Tuesday in January in each even numbered year. (B) It shall be the special duty of this Committee in addition to their general duties as members of the Council to act as an advisory committee to the Water and Sanitary Sewer Department Superintendent, the Light Department Superintendent, the Street Department Big Stone County Minnesota Comfest Parade as well as receiving Superintendent and the Public Works Citizens Concerned for Life will be first prize of a $50 Savings Bond. Director, and to act as a liaison between promoting life and raising funds by To enter your favorite baby under the Water, Light, Sanitary Sewer, Street holding their annual "Those Adorable two years of age, send a 5x7 or small- and Public Works Departments and the Babies" at the Big Stone County Fair er photo along with the name of the Council. PASSED BY THE ORTONILLE CITY in Clinton July 9 to July 12. baby, age or birth date, parents name COUNCIL THIS 15th DAY OF June, Pictures of your baby will be dis- and grandparents if you'd like along 2009. played at the MCCL fair booth. For a with a self-addressed stamped enve- CITY OF ORTONVILLE, MINNESOTA small donation votes may be cast for lope (to return your photo) to: Carol Blair Johnson, Mayor your favorite baby to become Karels PO Box 64, Odessa, MN ATTEST: "Adorable Baby 2009" and represent 56276. David A. Lang City Clerk-Administrator Big Stone MCCL in the Ortonville (June 23, 2009) Tuesday, June 23,2009 INDEPENDENT Page 11