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The Ortonville Independent
Ortonville, Minnesota
September 15, 1998     The Ortonville Independent
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September 15, 1998

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notices FORECLOSURE SALE TO COLLECT ANY INFORMATION BE USED FOR THAT THE NAMED OR THEIR ASSIGNS VALIDITY OF THIS PORTION THEREOF, AFTER THE NOTICE, THE ASSUMED TO BE U NOTIFY NELSON .L.P., IN WRITING, PERIOD THAT OR ANY PORTION IN DISPUTE OR AS TO THE NAME OF THE ORIGINAL OYEN TORVIK VERIFICATION AND NAME AND CREDITOR, IF MAIL A COPY OF CATION TO THE TTING THE occurred in the dated June Edwards and ,r(s), to Farmers &amp; of Appleton as ecord June 20, Number 142988 (in 160-16 The land e Mortgage is not principal amount was: Four d Dollars or proceeding at law is to recover the debt Mortgage, or any part of the Mortgage has COnditions precedent debt secured by foreclosure of the all notice and other statutes. of this notice, the Mortgage, and the holder of the Thousand Nine and 68/100 Dollars of sale in the e will be as ; 1/2), One North, of the 5th of the County County, 4 of Plats, on County Sheriff of Big mnesota, at public 5, 1998, at 10:00 of the Big Stone 20 S.E. D, MN 5627.8 law for or ntatives or after the date LLOWED BY LAW BY THE MORTGAGER'S OR IE REDUCED TO JUDICIAL ORDER MINNESOTA CTION 582.032, AMONG OTHER MORTGAGED WITH A OR LESS TS, ARE NOT AGRICULTURAL AND ARE 4, 1998 of M. Nelson 221 North 1st Street MN 56265 269-6461 FOR BIDS SCHOOL #62 District #62 is Passenger Van, ler. Bids may be P.M. on Friday, 1998 in the may request a sheet by calling 15, 1998) FOR BIDS SCHOOL #62 District #62 is" (total of and front Manufacturers will be required Must have Vehicle) be may request a sheet by calling 6, 15, 1998) FOR BIDS 0kstdct #62 wm be gasoline for school I 1998-99 school submitted until 4:00 18, 1998 in l ogk. may request a sheet by caging , 15, 1998) 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 Comm=ssioners at the office of the County Auditor, 20 SE 2nd Street, Ortonville, MN 56278 until 11:00 A.M. on the 6th day of October, 1998 for the construction of the following work: S.A.P. 06-599-06 Location: T-125 between County State Aid Highway 21 and County Road 67, T121N, R45W Type of Work: Grading and Bridge Replacement Length: 0.340 kilometers Major items of work are: Common Borrow - 17,772 cubic meters 1800 mm RC Pipe Culvert CL IV - 20 maters 3100 mm Span RC Pipe Arch CLII - 23 maters 3100 mm Span RC Pipe Arch CL IV - 20 maters The plans, proposals and specifications may be examined or 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. All bids must be sealed, identified on the envelope, and accompanied by a Certified Check or Bidder's Bond ayable to the Big Stone County reasurer in the amount of at least five pement (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. Judith Pattison, Auditor Big Stone County, Minnesota (SepL 8, 15, 22, 1998) NOTICE PROBATE COURT DISTRICT COURT PROBATE DIVISION STATE OF MINNESOTA COUNTY OF BIG STONE ORDER FOR HEARING PETITION FOR DESCENT OF PROPERTY In Re: Estate of ETHEL JULIA HILDEBRANDT aka ETHEL G. J. HILDEBRANDT aka ETHEL J. HILDEBRANDT aka ETHEL HILDEBRANDT Deceased The petition of Darwin Hiidebrandt, dated July 2, 1998, 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 descent of said property be determined and assigned by the court to thepersons entitledthereto. IT IS HEREBY ORDERED, that said (.tetition be heard on the 14th day of ober, 1998, at 8:30 o'clock A.M. by the above named Court at the Big Stone County Courthouse, 20 SE 2rid Street in the City of Ortonville, State of Minnesota. IT IS FURTHER ORDERED that the petitioner gave notice of said hearing in th6 manner prescribed b/M.S.A. 524.1- 401 to all persons entitled to notice pursuant to M.S.A. 524.3-403 and to all persons who have filed a demand for notice pursuant to M.S.A. 524.3-0f4. Dated September 9, 1998/" Peter A. Heft, Judge Diana Sheistad, Court Administrator William J. Watson Atty. Reg. No. 114911 Attorney for Petitioner 37 NW 2nd St. Ortonviile, MN 56278 (320) 839-6197 (Sept. 15, 22, 1998) PROCEEDINGS OF THE 0RTONVILLE CITY COUNCIL MONDAY, AUGUST 17,1998 CITY COUNCIL CHAMBERS 7.'00 RM. CALL "TO ORDER AND ROLL CALL: Mayor Ellingson called the regular meeting of the Ortonville City Council to order at 7:03 P.M. with the following present: Council Members Present: Mel Reinke, Mary Guetafson, Bill Hynnek, Dan Cakes, Butch Mitteletasdt, George Council Members Absent:. none City Staff Present: Paul Tm]denberg, Roman Taffe Media Present: Ryan Stattelman, Ortonville Independent; Stacy Dammer, KDIO Also Present: Sonja Pinkert, Deb BamhardL Jim Foster, Kathi Thymian, Terry Gere Jim Erickeon, Dorene Hanson, Holly Arnst AGENDA AMENDMENTS: A motion was offered by Reinke, seconded by Cakes and passed unanimously to approve the following agenda amendments: New Business: f. Army Corp of Engineers Reporteinutse of Citizen Boards e. Tree Board August 6, 1998 RECOGNITIONS/PRESENTATIONS/ INTRODUCTIONS Sonja Pinked was present on behalf of the Chamber of Commerce to again request additional funds in the amount of $10k for tounsm expenses incurred . that organization in the current year. ingson pointed out that the Council's discretionary fund was almost depleted for 1998 and at this time it was not likely that dollars would be available. He suggested that the request be tabled unti/such time as an analysis of the  fund be mede to detenne ere were any incorrect expenses in the discretionary account. No further action was taken. Holly Amst was present to request that the Council acknowledge and approve the cooking of food for her restaurant on a gas gdll on the front porch of her restaurant facility for the month of Augu= and to dd se tn wd!ing to the Department of Health. Further she asked permiselon to sell liquor at her restaurant on Sundays. Mittelstaedt- moved and Reinke seconded and it paseed unanimously to direct the Clerk-Administretor to write a letter to the Department of Health acknowkldging and approving the above request. Her request for Sunday liquor sales was tabled pending approval by the chief ofpolice. CONSENT AGENDA: Upon request by Taffe, the bills to be paid were removed from the consent agenda list to be reviewed in their scheduled place. Cakes moved and Ellingson seconded and it passed unammously to approve the consent agenda as presented with the exception ofbilts to be paid. REPORTS/MINUTES OF CITIZEN BOARDS, COMMITTEES AND COMMISSIONS: SENIOR BOARD: Ellingson moved and Reinke seconded and it passed unanimously to OaPrOve the appointment of Margaret theson to the Senior Board to replace Bob Knoll who has resigned. Reinke moved and Hynnek seconded and it passed unanimously to approve the August 11, 1998 Senior Board minutes as presented. BOARD OF APPEAL/PLANNING COMMISSION: After discussion, Hynnek moved and Cakes seconded and it passed unanimously to approve the conditional use permit request by Marlene Henrichs for a single station beauty parlor to be located at the home she is constructing on Rite Road. Reinke moved and Mittelstaedt seconded and it passed unanimously to approve the variance request of Terrence Gem to construct a 24x28 arage three feet from his sideproperty ne as recommended by the Planning Commission. Gustafson moved and Ellingson se(x)nded and it passed unanimously to approve the Board of Appeal/Planning Commission August 11, 1998 minutes as presented. HEALTH CARE BOARD Reinke moved and Ellingson seconded and it passed unanimously to approve-the Health Care Board July 27, 1998 minutes as presented. GOLF BOARD Gem asked the Council the status of the bathroom construction project. Ellingson responded that the sewer and water issue had not yet been cloared up and instructed the Clerk-Administrator to direct the City Attorney to proceed with resolving issues surrounding the ownership of certain portions of Burdick Avenue and to make recommendations for the resolution of the issue of water and sewer to the North of that area. Gustafson moved and Hynnek seconded and it passed unanimously to approve the minutes of the August 10, 1998 Golf Board meeting as presented. TREE BOARD Council discussed the Tree Board minutes regarding the tree line North of the Cenex Plant and asked if the City had been reimbursed for trees cut down last year by a mower. They also questioned using the contracted tree service company to cut down a row of trees on the City property on the new Hilltop building instead of City crews. Taffe was instructed to send a letter to the Board for their response to the above two issues. Reinke moved and Hynnek seconded and it passed unanimously to approve the August 6, 1998 meeting minutes of the Tree Board. UTILITY COMMII-I'EE: The water plant was discussed and Clerk-Administrator was instructed to send a letter to Banner Associates vgicing the Council's displeasure over the performance of the plant at this time. Specifically, the Council wanted Banner to respond to recent concerns that the plant will take considerably more to tim to operate than originally suggested. Also, issues of the faulty high speed pump, computer malfunctions and inadequate sizing of the reclaim tank. Also discussed was a situation of another water heater damaged by a vacuum created by the water being shut off for the street project. Taffe was instructed to direct the public works department to ensure that water valves are shut off in homes before water is shut off to them. Hynnek moved and Ellingson seconded and it passed unan0mousiy to approve the August 3, 1998 minutes of the Utility Committee as presented. UNFINISHED BUSINESS The first topic discussed was the approval of the 1997 financial audit performed by Wolf, Etter & Co Ellingeon moved and Mittaletaedt seconded and it passed unanimously to approve the 1997 financial audit as presented. NEW BUSINESS Council discussed the recommendation to decertify the Tax Increment Finance district t-2 which was originally set up to accommodate a development of a retail store. As that development did not occur and as the TIF district was not allowed as applied for, Reinke moved and Elliott seconded that the following resolution be adopted: RESOLUTION N-112 DECERTIFICATION OF TiF DISTRICT #1-2 BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonvilis that: 1) the tax increment finance dietdct #1-2 be and is hereby deosrtlfled; 2) the City Clerk-Administretor be and is hereby authorized to make necessary disclosures to the appropriate County and State agencies to make said resolution effective; 3) the City Clark-Administrator be and is hereby authorized to execute and deliver any documents required for the implementatiorl of said decertiflcation. Upon roll call vote the following voted aye: Gustafson, Cakes, Hynnek, Mitteistaedt, Reinke, Ellingson and the following voted nay: none. Resolution 98-112 passed this 17th da52.52Au00. 1.. on the agenda was a request to erect a billboard at the foot of the lake. The Council decided that as the City didn't own the property but only had a long term lease, it should first pursue the purchase of said land before moving forward with any such requests, as was recommended by City Attorney. The Council instructed the City Clerk- Administrator to work with the City Attorney to acquire said land from the current owner. The consensus of the Council was that the request for this type of display on public land should be at the recommendation of a City entity such as the Parks Department or EDA. Ellioft moved and Oakse seconded and it passed with Reinke voting nay, to authorize City Clerk-Administrator to oversee the .prooa of purchasing the land at the toot of the lake and the erection of said billboard after and if seid land is purchased. Reinke moved and Cakes seconded and it passed unanimously to approrove the beer license for Dan end Mid'mile Wilson for the Big Stone Bowl. Mittelstaedt moved and Hynnek seconded and it passed unanimously to approve an exemption from lawful aming license request by the local ucks Unlimited chapter for the propose of a raffle at their upcoming banquet. Ellingson moved and Reinke seconded that the following resolution beadopted: ' RESOLUTION 98-113 TRANSIT CONTRACT RESOLVED that City of Ortonville enter into Contract Number __ with the State of Minnesota, Department of Transportation, to provide public transportation service in City of Ortonville/Big Stone City, SD. FURTHER resolved that City of Ortonville agrees to provide 35% of the total operating cost from local funds and 20% of the total capital costs. Further resolved that authorization to execute the aforementioned Contract and any amendments thereto is hereby given to the Clerk-Administrator or the Mayor. FURTHER resolved that the Clerk- Administrator or the Deputy Clerk- Administrator is hereby authorized to execute requests for reimbursement from the Minnesota Department of Transportation. Upon roll call vote the following voted aye: Gustafson, Eltiott, Reinke, Mittelstaedt, Oakes, Hynnek, Ellingson and the following voted nay: none. Resolution 98-113 passed this 17th day of August, 1998. Next Reinke passed around a letter from Congressman Peterson backing the proposed re-diversion of the Whetstone River along its original channel for flood control purposes. Citizen Jim Erickson was present to explain to the Council the work Mary Hyatt and he had put into this project and stated that there was $25,000 allocated for a feasibility study on this project which needed to be undertaken soon so as not to lose out on those funds. Reinke moved and Gustafson seconded and it passed unanimously to direct City Clerk-Administrator to write a letter to the Corps of Engineers requesting that they move ahead with the feasibility study as soon as is possible. CITY CLERK-ADMINISTRATOR REPORTS & RECOMMENDATIONS: A request from a City employee for reimbursement for eye glasses broken on the job was presented. The Council discussed whether or not the City should pay for the employees' personal belongings broken on the job. Ellingson felt that since the City requires safety glasses be worn by employees on the job, the City should pay for their replacement if broken on the job. Ellingson then moved and Gustatson seconded and it passed unanimously to authorize payment for the replacement of personal safety items purchased by City employees it broken on the job and thereby authorized the $41 for replacement of said eye glass frames. BILLS A concem was voiced over the size of the audit bill. Taffe was instructed to request a detail of said bill. Hynnek voiced concern over the price of phone wire and jacks purchased locally, Mittelstaedt moved and Reinke seconded and it passed unanimously to approve the bills as presented. ADJOURNMENT: There being no further business before the Council, Elliott moved and Gustafson seconded and it passed unanimously to adjoum the August 17th meeting of the City Councit of the City of OrtorNille at 8:41 p.m. Roman C. Taffe, City Clerk-Adr0inistrator Dave Ellingson, Mayor Rosen news By Mrs. M.J. Kirchberg Late Sunday, Aug. 30, afternoon visitors and supper guests at the home of Mrs. Rose Karels were Sister Genevieve and Sister Jone Karels of Milbank, SD, Mr. and Mrs. Lowell Peterson of Cottonwood and Tom Karels of Odessa. Mr. and Mrs. Sam Selzer of Sioux City, IA are the parents of a daughter Grace Frances born on Saturday, Sept. 5, 1998. She joins a brother Benjamin. Grandparents are Mrs. Joan Strei of rural Bellingham and Mr. and Mrs. David Selzer of Cedar Rapids, IA. Eileen Karels of Fargo was a Saturday afternoon visitor at the Ralph Karels home. Erin Bruns of Watertown, SD spent Friday until Sunday, Sept. 6 at the home of her grandparents Mr. and Mrs. Edward Karels. Mr. and Mrs. Nyland Larson, John and Mark attended the South Dakota State Fair and also visited with Mrs. Brad Larson and family in Hosmer, SD on Saturday, Sept. 5. Mr. and Mrs. Kevin Sports of Bingham Lake, Tom and Brian Spors of Hutchinson were Labor Day weekend guests at the Joe Spors home. Mr. and Mrs. Eric Stromswald and son Sam of Boulder, CO and Mr. and Mrs. Chester Stromswald were Thursday callers at the Alfred Volkenant home. Mr. and Mrs. Nyland Larson and sons attended the Minnesota State Fair on Sunday, Sept. 6, 1998. Mr. and Mrs. Eugene Karels of Grand Forks were Sunday evening visitors and overnight guests at the Raymond Kareis home. Mr. and Mrs. Jim Erdmann of Madison were Sunday evening visitors. Weekend guests at the Lawrence Millerbernd home were Mr. and Mrs. Larry Weiderhoeft and family, Mr. and Mrs. Tom Schwarz of New Ulm. Mr. and Mrs. Alfred Volkenant visited at tle Chester Stromswald home on Sunday afternoon, Sept. 6. Mr. and Mrs. Clifford Hanson, Mr. and Mrs. Alton Hanson of Ortonville were Thursday afternoon visitors at the Alfred Volkenant home. Weekend guests at the Lester Millerbernd home were Martin Millerbernd of Omaha, NE, Deb Millerbernd and Derek Jones of St. Paul. Jamie Karels who is attending Moorhead State spent Labor Day weekend at the home of his parents Mr. and Mrs. Joe Karels. Mr. and Mrs. Tom Strei of Alexandria spent Labor Day weekend at the home of their son Gene. The men enjoyed the goose hunting in this area. Thursday, Sept. 3 evening visitors at the Wayne Brehmer home were Mr. and Mrs. M.J. Kirchberg. Mrs. Julie Henrich spent Labor Day weekend visiting at the Paul Kindlespire home in New Hope and with the Bert Mathre family. Mr. and Mrs. Brad Nelson of Glencoe are the parents of a son Benjamin born on Saturday, Aug. 22, 1998. Grandparents are Mr. and Mrs. Harlan Nelson of Odessa and Mr. and Mrs. Bernard Piilatzki. Labor Day weekend guests at the Bernard Pillatzki home were Mr. and Mrs. Mike Pavelko and family of Worthington, Mr. and Mrs. Brad Nelson and family of Glencoe, Keith Pillatzki of Hallock. Visitors during the weekend were the Larry Montag, Brendan Van Sambeek, Mark Pillatzki and Tom Pillatzki families. Visitors at the Rose Karels home during the week were Sisters of St. Bernard's in Milbarik, Mrs. Tom Strei of Alexandria, Sister Regine Millerbernd of St. Cloud and Mr. and Mrs. Leonard Grube. Sister Regine Millerbernd spent Labor Day weekend at the Jim and Mike Millerbernd home. i ANNUAL MEETING Notice is hereby given of the Annual Meeting of the FARMERS COOPERATIVE ELEVATOR COMPANY OF BELLINGHAM, MINNESOTA To be held at 8:00 p.m. TUESDAY, SEPTEMBER 15, 1998 At the Bellingham Village Hall The purpose of the meeting shall be to elect directors and transact any other business that may properly come before the meeting. Door prizes will be given away. Lunch will be served. The Board of Directors REQUEST FOR BIDS Lettering of Vehicles Praine Five RIDES Program of Prairie Five CAC, Inc. is requesting bids for lettenng to be done on three (3) new buses (14 passenger) and to make changes in lettenng on three (3) current buses (14 passenger). For more information please contact Bevedy Herfindahl, RIDES Program Manager at 320/269-8727 Bids should be received by 4:00 p.m. on Sept. 18, 1998 and can be sent to: Prairie Five CAC, Inc., P.O. Box 695, Montevideo, MN 56265-0695. 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Excellent earning potential. Call toll treme 888/560-3772 Is, ]998 INDEPENDENT Page 9b