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County Commissioners meet May 4

Law Library 9:00 AMRock County Courthouse May 4, 2004Chair Jarchow called the meeting to order with all Commissioners present.Motion by Boyenga, seconded by Bakken, to approve the May 4, 2004 County Board agenda, declared carried on a voice vote.Motion by Wildung, seconded by Boyenga, to approve the April 19, 2004 County Board minutes, declared carried on a voice vote. Motion by Boyenga, seconded by Wildung, to approve the following consent agenda items, declared carried on a voice vote. 1. Day Care licensing – Emilie Brands2. Day Care relicensing – Marti Boltjes, Kairie Franken, Sherri Ladd3. Voluntary Day Care closing – Crystal Ellefson4. Four year re-appointment of the Rock County Highway Engineer Mark Sehr5. Request for final payment to Central Specialties, Inc. on SAP 67-604-19, the reconstruction of CSAH 4 from the WCL of Luverne to CSAH 11.Doug Bos, Land Management Office Assistant Director, introduced Engineering Intern Russell Hoogendoorn at the Land Management Office that was hired through a grant through the Joint Powers organization. The County Board welcomed Mr. Hoogendorn to the county. Mr. Bos proceeded to inform the County Board of their request to dissolve the Water Plan Committee and re-assign those duties to the Rock County Soil and Water Conservation District. Following the discussion, motion by Boyenga, seconded by Hoime, to dissolve the Water Plan Committee and assign those duties to the Rock County Soil & Water District board and send letters of thanks to the Water Plan Committee members for their hard work in completing the initial plan, declared carried on a voice vote. Motion by Hoime, seconded by Bakken, to assign Commissioners Boyenga and Wildung to the recycling contract negotiating committee, declared carried on a voice vote.Gloria Rolfs, Auditor/Treasurer and Tom Houselog, Assessor discussed Solid Waste Assessment fees and some apparent issues that needed to be updated, creating a resolution as well as additional information on the collection of solid waste assessments. The Chair assigned Commissioners Wildung and Boyenga, Assessor Tom Houselog, Auditor/Treasurer Gloria Rolfs, Assistant County Attorney Jeff Haubrich and County Administrator Kyle Oldre to review the Solid Waste Assessment Fees Resolution and bring back an updated draft to the County Board. Motion by Bakken, seconded by Boyenga, to pay the claims, declared carried on a unanimous vote. A complete listing of the claims is available by request at the Auditor/Treasurer’s office. General $17,090.91LEC 1,217.16Road & Bridge 16,276.77Welfare 34,738.16Landfill 427.40TOTAL $69,750.40Motion by Hoime, seconded by Bakken, to approve the fund balances, declared carried on a voice vote.Motion by Wildung, seconded by Boyenga, to approve Resolution No. 14-04, a rural water split on parcel number 09-0150-000 located on the S 1/2 of the S 1/2 SE 1/4 in 32-103-45, declared carried on a voice vote.Motion by Boyenga, seconded by Hoime, to change the solid waste abatement from commercial to residential on parcel number 17-0039-000 located in the City of Kenneth and reimburse the current year plus two years prior totaling $63.00, declared carried on a voice vote. The Auditor/Treasurer informed the County Board that the county’s tax information could be accessed by the public via the Internet through a stand alone AS400 that would be managed by Computer Professionals Unlimited for a cost of $1,950.00. Motion by Wildung, seconded by Bakken, to authorize the Auditor/Treasurer to set up the community access and notify the taxpayers in a method of her choosing, declared carried on a voice vote.Ms. Rolfs informed the County Board that they are continuing with the GASB34 implementation and that they need to maintain funding for on site tech support and programming; the County Board acknowledged those costs and allocated $5,000.00.Sheriff Mike Winkels and Dispatch Supervisor Terri Ebert presented information pertaining to meth lab arrests. The Sheriff’s Office and Nobles/Rock Public Health are to be commended on the creation of the Clandestine Lab ordinance that currently serves Rock and Nobles counties and congratulated the Sheriff’s office on their efforts to make those arrests – ten arrests in the past two years. Mr. Winkels and Ms. Ebert also informed the County Board that they had received a grant for $164,800 to make 911 system upgrades as well as radio console upgrades in the Law Enforcement Center. The County Board congratulated them on their successful application and grant award. The Administrator informed the County Board that he had received notice of a $50,000 grant award from the Office of Domestic Preparedness for Emergency Management Prevention and Preparedness as well as a minimum of $4,000 for an Emergency Management Performance grant. Paula Anderson of Nobles/Rock Public Health along with members of the Rock County Partners in Prevention, Brad Herman, Katie Kraetsch, Sara Vorderbruggen, Lindsey Severtson and Whitney Oye presented a Tobacco Free Youth Recreation presentation; motion by Hoime, seconded by Bakken, to develop a policy making all county owned property tobacco free and present at the next County Board meeting, declared carried on a voice vote. The County Board also requested Department Head input on the location of designated smoking areas and the Chair directed that thank-you’s be sent to the partners in the presentation on Tobacco Free.There was a request from Duininck Brothers to approve a conditional use permit for the extraction of gravel and a hot mix plant. Following considerable discussion, motion by Hoime, seconded by Bakken, to grant a provisional conditional use permit for the hot mix plant subject to receiving written authorization from the neighbors within the notification zone and that they continue through the process for a regular permit prior to the next meeting, declared carried on a voice vote. Don Klosterbuer, County Attorney, discussed communication relations with the City of Luverne; the County Board directed that a meeting be scheduled on either of the following dates; May 10, 11, 19, or 28. That correspondence will be relayed. The County Board discussed health insurance and on a motion by Wildung, seconded by Boyenga, that VEBA plans be studied for implementation for all eligible county employees and relay that back to the Personnel Committee, declared carried on a voice vote. The County Board was informed of the AMC District meeting scheduled for May 27th, 8:00AM – Noon at the Blue Mound Banquet Center. The County Board also received notice of the Nobles/Rock Public Health Annual meeting, May 13th @ 5:30PM in the Nobles Government Center as well as the Lewis & Clark Annual meeting to be held May 27th @ 5:45PM in Sioux Falls, South Dakota.There was a request from Commissioner Wildung, for funding to rent space at the county fair for the Senior Citizen booth to distribute Medicare information; motion by Boyenga, seconded by Hoime, to authorize an expenditure of up to $100 for fair booth rent, declared carried on a voice vote.Commissioner Bakken stated that he had attended a Law Library Committee meeting and a Soil & Water Conservation District meeting. With no further business to come before the board, the meeting was declared adjourned. Bob Jarchow, Chairman of the BoardATTEST:Kyle J. Oldre, Clerk to the Board(5-20)

Administrative Enforcement Program Ordinance

ORDINANCE NO. 263, THIRD SERIESAN ORDINANCE RELATING TO THE ADMINISTRATIVE ENFORCEMENT PROGRAM CREATING CHAPTER 13 OF THE LUVERNE CITY CODETHE CITY OF LUVERNE DOES HEREBY ORDAIN: SECTION 1. That Chapter 13 of the Luverne City Code is hereby created to read as follows: CHAPTER 13ADMINISTRATIVE ENFORCEMENT PROGRAM SECTION 13.01. ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES.Sections 13.01 through 13.07 govern administrative citations and civil penalties for violations of the City Code. SEC 13.02. VIOLATION. City of Luverne Code provides that any person, firm, corporation or other group found to be in violation of any ordinance or law of the City, as defined in this section, shall be deemed to be guilty of a misdemeanor. Every day any violation of the Municipal Code or any other ordinance continues shall constitute a separate offense. Any condition caused or permitted to exist in violation of the Code or any ordinance is deemed to be a public nuisance and may be summarily abated as such. SEC. 13.03. APPLICABILITY OF ORDINANCE. The Administrative Enforcement Program shall apply only to the following provisions of the Municipal Code of the City of Luverne: -Chapter 4 – Building Regulations -Chapter 7 – Streets and Sidewalks -Chapter 9 – Parking Regulations under Sec. 9.02, Sec. 9.04, Sec 9.09, Sec. 9.10, Sec. 9.30, Sec. 9.35, Sec. 9.36 and Sec. 9.50 -Section 10.01 – Unlawful Deposit of Garbage, Litter and the Like -Section 10.12 – Animals and Fowl -Section 10.40 – Shade Tree Disease and Prevention -Section 10.44 – Open Burning of Leaves SEC. 13.04. GENERAL PROVISIONS. Subd. 1. Administrative Offense. A violation of any provision of the city code noted in Section 13.03 is an administrative offense that may be subject to an administrative citation and civil penalties. Each day a violation exists shall constitute a separate offense. Subd. 2. Code Compliance Officer. The City Administrator shall designate a City employee to act as the Code Compliance Officer. Subd. 3. Exemption. Alcohol and tobacco license violations are not subject to administrative citation under this ordinance. Subd. 4. Civil Penalty. Any violation for which an Administrative Citation shall be issued pursuant to this Chapter may be subject to a civil penalty not to exceed the maximum penalty for a misdemeanor violation under state law. Subd. 5. Schedule of Fines and Fees. The standard fine for a violation under this Chapter shall be seventy-five dollars ($75) per offense per day plus fifty dollars ($50) assessment of costs. The City Council shall annually review the schedule of fines and fees and may amend or modify by resolution the schedule of fines and fees for offenses initiated by administrative citation. SEC. 13.05. ADMINISTRATIVE CITATION PROCEDURES. Subd. 1. Notice of Violation.A. Upon the discovery of a violation, the Code Compliance Officer shall issue an Administrative Citation to the person alleged to be responsible for the violation. The citation shall state the date, time, and nature of the alleged offense, the actions required to correct the alleged offense, the name of the issuing Code Compliance Officer, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. B. The City shall deliver the Administrative Citation to the person alleged to be responsible for the violation in person, by certified mail or it shall be served by authorized representatives of the Sheriff’s office. In the case of an offense under Chapter 9 – Parking Regulations, the Administrative Citation may be attached to the motor vehicle.C. The person alleged to be responsible for the violation shall have ten (10) calendar days to correct the alleged violation after issuance of the Administrative Citation. This subsection shall not apply to violations under Chapter 9 – Parking Regulations. D. If the person alleged to be responsible for the violation is making a good faith attempt to remedy the violation, the Code Compliance Officer may, in his/her sole discretion, grant an extension to the time allowed to correct the alleged violation, the length of which must be stated in writing by the Code Compliance Officer. The Code Compliance Officer shall promptly inform the person alleged to be responsible for the violation of any such time extension. This subsection shall not apply to violations under Chapter 9 – Parking Regulations.E. Imposition of Fine. If the person alleged to be responsible for the violation fails to correct the violation within the time period provided in the Administrative Citation, or in any extension granted thereto, the Code Compliance Office shall issue a fine. The Code Compliance Officer must issue the notice of fine resulting from the Administrative Citation to the person alleged to be responsible for the violation in person, by certified mail or it shall be served by authorized representatives of the Sheriff’s office. In the case of a violation under Chapter 9 – Parking Regulations, the notice of fine may be attached directly to the vehicle.Subd. 2. Payment. The person alleged to be responsible for the violation must pay the scheduled fine within fifteen (15) calendar days after issuance of the notice of fine. Penalties for failure to correct the violation or late payment of the fine may be imposed as set forth in Section 13.04, Subd.5. The Code Compliance Officer may issue additional citations for each day the violation continues to exist after the date on which the Administrative Citation is issued. Payment of the fine associated with an Administrative Citation does not relieve the person responsible for the violation from acting to correct the violation. Subd. 3 Abatement. In addition, the City Council may order the violation to be abated and all fines, costs and other expenses associated with the alleged violation shall be charged to the person alleged to be responsible for the violation or to the real property owned by the person alleged to be responsible for the violation on which the alleged violation has occurred. In cases where the person alleged to be responsible for the violation does not own property, the City shall file suit seeking judicial relief to collect the fine, associated penalties and costs. SEC. 13.06. ADMINSTRATIVE HEARING. The Administrative Hearing provides due process of the law to any person who is issued an Administrative Citation. Due process of law provides that the person alleged to be responsible for the violation shall be given adequate notice, an opportunity to participate in a hearing, and adequate explanation of the reasons justifying the Administrative Citation. The person alleged to be responsible for the violation must make a request for the Administrative Hearing within fifteen (15) days after the date on which the City issued the fine associated with the Administrative Citation. All requests for an Administrative Hearing must be made in writing to the attention of the Code Compliance Officer. Subd. 1. Administrative Hearing Officer. The Luverne City Council shall appoint an "Administrative Hearing Officer" who shall act as the hearing officer for the Administrative Hearing. The Administrative Hearing Officer shall be an attorney licensed to practice in the State of Minnesota. The Administrative Hearing Officer shall be appointed for a term of two years beginning on January 1 of each odd numbered year. Subd. 2. Notice of Hearing. At least ten (10) calendar days prior to the scheduled Administrative Hearing, written notice delivered by mail shall be provided to the person alleged to be responsible for the violation regarding the time, date and location of the Administrative Hearing. Subd. 3. File TransmittalA. Upon receipt of any request for an Administrative Hearing, the Code Compliance Officer shall compile a summary report detailing the acts in support of any determination that the alleged offense constitutes a violation. The summary report will include: (i) copy of the citation issued;(ii) copy of any notices, which preceded the citation;(iii) copy of any case history on the property;(iv) photographs and/or videotape of property where available;(v) proof of mailing and/or posting of notice on the property if the citation was not personally served on the person alleged to be responsible for the violation violator.B. The file must be delivered to the Administrative Hearing Officer and the person alleged to be responsible for the violation at least five (5) business days preceding the scheduled Administrative Hearing. The delivery of the file to the person alleged to be responsible for the violation shall be considered completed upon mailing of the file via first class mail. Subd. 4. Presentation of Case. The parties shall have the opportunity to present testimony and question any witnesses at the Administrative Hearing, but strict rules of evidence will not apply. The Administrative Hearing Office shall tape record the hearing and receive testimony and exhibits. The Administrative Hearing Officer must receive and give weight to evidence, including hearsay evidence that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. The Administrative Hearing Officer shall have the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fine either run conditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the Administrative Hearing Office may consider any or all of the following factors: (1) the duration of the violation; (2) the frequency of reoccurrence of the violation; (3) the seriousness of the violation; (4) the history of the violation;(5) the conduct of the person alleged to be responsible for the violation after issuance of the Administrative Citation; (6) the conduct of the person alleged to be responsible for the violation after issuance of the notice of hearing;(7) the good faith effort by the person alleged to be responsible for the violation to correct the alleged violation and to comply with the ordinances: (8) the impact of the violation upon the community; (9) the prior record of city code violations of the person alleged to be responsible for the violation; and (10) any other factors the Administrative Hearing Officer deems appropriate. Subd. 5. Decision. Within fifteen (15) calendar days of the date of the Administrative Hearing, the Administrative Hearing Officer shall provide the person alleged to be responsible for the violation with an Administrative Order constituting its decision. The decision of the Administrative Hearing Officer shall be final. A decision in favor of the person alleged to be responsible for the violation constitutes dismissal of the violation and no fine shall be assessed. If the Administrative Hearing Officer renders a decision confirming the Administrative Citation and finding that a violation has occurred, the person alleged to be responsible for the violation shall correct the violation and comply with the Citation Order. A report of each hearing shall be provided to the City Administrator. The Administrative Hearing Officer may not impose a fine greater than the established fine, except that the Administrative Hearing Officer may impose a fine for each day that the violation continues if (1) the violation caused or is causing a serious threat of harm to the public health, safety, or welfare; or (2) the violator intentionally and unreasonably refused or refuses to comply with the code requirement. Subd. 6. Failure to Appear. The failure to attend the hearing constitutes a waiver of the rights of the person alleged to be responsible for the violation to an administrative hearing. The Administrative Hearing Officer shall consider such failure to appear as constituting an admission of the violation. The Administrative Hearing Officer may waive this result upon a showing of good cause for the failure to appear. Examples of "good cause" are: death in the immediate family of the person alleged to be responsible for the violation; documented incapacitating illness of the person alleged to be responsible for the violation violator; a court order requiring the person alleged to be responsible for the violation to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include: forgetfulness, lack of transportation or child care, and intentional delay. SEC. 13.07. JUDICIAL REVIEW. An aggrieved party may obtain judicial review of the decision of the Administrative Hearing Officer as provided in state law. Subd. 1. Recovery of Civil Penalties. If a civil penalty is not paid within the time specified, such non-payment shall constitute:A. a lien on the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was found responsible for that violation; or B. a personal obligation of the person alleged to be responsible for the violation in all other situations. Subd. 2. Lien. A lien may be assessed against the property and collected in the same manner as taxes. Subd. 3. Personal Obligation. A personal obligation may be collected by appropriate legal means. Subd. 4. Late Fees/ChargesA. If after fifteen (15) calendar days of the date on which the fine was issued to the person found to be responsible for the violation, the fine has not been paid or a hearing requested, the fine will increase by $50.00 or 50% of the fine levied, whichever is greater.If, after eight (8) weeks of the date on which the fine was issued to the person alleged to be responsible for the violation, the fine and penalties have not been paid, the total fine and penalties shall be assessed to the property taxes of the person found to be responsible for the violation and all City licenses issued to such person shall be revoked. For continued violations, the City may correct the violation and assess the charges for doing so onto the property taxes of the person found to be responsible for the violation and criminal charges may be filed. B. If the same person found to be responsible for the violation is charged with a subsequent violation within a 12-month period for the same or substantially similar offense, the fine shall be increased by 25%. After a third infraction in a 12-month period the fine shall increase by 50% and after a fourth infraction in a 12-month period the fine shall increase by 100%.Subd. 5. License Revocation or Suspension. Failure to pay a fine within the time established for such payment shall constitute grounds for suspending or revoking any license or permit issued to the person found to be responsible for the violation. SEC. 13.08. CRIMINAL PENALTIES. Subd. 1 Misdemeanors. The following are misdemeanors, punishable in accordance with state law:(1) Failure, without good cause, to pay a fine or request a hearing within fifteen (15) days after issuance of an Administrative Citation; (2) Failure, without good cause, to appear at an Administrative Hearing that was scheduled under Section 13.06 and for which Administrative Hearing proper notice was provided; (3) Failure to pay a fine imposed by the Administrative Hearing Officer within 15 calendar days after it was imposed, or such other time as may be established in the administrative order issued by the Administrative Hearing Officer.(4) If the final adjudication in the administrative penalty procedure is a finding of no violation, then the City may not prosecute a criminal violation in District Court based on the same set of facts. This does not preclude the City from pursuing a criminal conviction for a violation of the same provisions based on a different set of facts. A different date of violation shall constitute a different set of facts. SEC. 13.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR. Every person violates a section, subdivision, paragraph, or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful, or fails to act when such failure is prohibited or declared unlawful by a Code adopted by reference by this Chapter, and, upon conviction thereof, shall be punished as follows: Subd. 1. Where the specific section, subdivision, paragraph, or provision specifically makes violation a misdemeanor, he shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, he shall be punished as for a misdemeanor. Subd. 2. As to any violation not constituting a misdemeanor under the provisions of Subd. 1 hereof, he shall be punished as for a petty misdemeanor. Subd. 3. Violation of any section, subdivision, paragraph, or provision of this Chapter, shall be deemed continuing in nature, and may be treated as a new and separate offense on each day (consisting of a 24-hour period commencing at 12:00 midnight) during which said violation occurs. SEC. 2. This ordinance shall take full force and effect seven (7) days after its publication. (5-20)

ISD #2184 School Board meets April 29

APRIL 29, 2004MINUTES OF THE REGULAR SCHOOL BOARD MEETING OF INDEPENDENT SCHOOL DISTRICT NO. 2184, ROCK COUNTY, LUVERNE, MINNESOTA. A regular meeting of the Board of Education, ISD #2184, was held in the Middle/High School Library on Thursday, April 29, 2004, at 7:30 p.m. The following members were present: Don Bryan, Colleen Deutsch, Dan Kopp, Cary Radisewitz, Bill Stegemann, Steve Tofteland and Becky Walgrave. Also present: Superintendent Vince Schaefer, Marlene Mann, Gary Fisher, Stacy Gillette, Melody Tenhoff, Colette Hansen, Elaine Harms, Jane Cote, Bart Fletcher, Jennifer Engesser, Lori Jacobs, Vicki Baartman, Cheryl Thacker, Jim Lunder, Tiffany Burmeister, Michelle Brunk, Gayle Stegemann, Kelly Bergan, Amy Dulaney, Jeanne Bowron, Jim Rockman, Cathy Rockman, Lisa Dinger, Jill Wagner, Rand Fletcher, RaVae Benson, Dawn Frakes, Pam Christensen, Tim Christensen, Sandy Klosterbuer, Debra Vogt, Kaia Nowatzki, Deb Ward, Joanne Gabrielson, Carol Jorgensen, Maggie Schmidt, Kim Schmidt, Helen Laabs, Wendy Bosshart, Patsy Amborn, Mark Lundgren, Dianne Headrick, Renee Guy, Lorna Schoeneman, Jerry Schoeneman, Jerry Jensen, Matt Cosby, K101-KQAD Radio, and Lori Ehde, Rock County Star Herald.The meeting was called to order by Chairperson Becky Walgrave. Mr. Schaefer announced items 8.5.9 and 8.5.10 are removed from the agenda. Motion by Stegemann, second by Kopp, to approve the agenda with adjustments. Motion unanimously carried. Jeanne Bowron, Adaptive Physical Education and Physical Education teacher, showcased several of her students and SpeedStacks cup stacking.Jane Cote, representing the Luverne Education Association, read a letter from the Education Association expressing their concern that the quality of education in Luverne is in jeopardy. Cheryl Thacker presented information regarding the elimination of All Day-Every Day Kindergarten and optional programs that may be implemented. Administrative reports were given.Motion by Kopp, second by Radisewitz, to approve the School Board minutes of April 15, 2004. Motion unanimously carried. Business Manager Marlene Mann presented the District bills in the amount of $906,284.89. Motion by Radisewitz, second by Deutsch, to approve payment. Motion unanimously carried.Motion by Bryan, second by Stegemann, to receive the Student Activity Report showing the balances as of March 31, 2004. Motion unanimously carried. The following bids were received on April 21, 2004, for the Middle School/High School office remodeling project:GENERAL CONSTRUCTION Base Bid 1 Alternate 1 Alternate 2 TotalDesign Craft 83,175.00 2,220.00 1,500.00 86,895.00Jans Corporation 104,300.00 1 ,900.00 1,450.00 107,650.00ELECTRICAL CONSTRUCTION Base Bid 2 Alternate 1 Alternate 2 TotalEverson Electric 19,400.00 500.00 3,500.00 23,400.00McClure Electric 23,049.00 300.00 1,250.00 24,599.00MECHANICAL (HVAC) Base Bid 3Baete-Forseth, Inc. $47,500.00Tessier’s Inc. 55,275.00Discussion was held. The bids came in very high and it is the recommendation of the administration to re-bid the project later this year. Motion by Kopp, second by Deutsch, to reject all bids and re-bid the project at a later date. Motion unanimously carried.Motion by Radisewitz, second by Deutsch, to make the following school calendar adjustments: June 3 – early dismissal at 1:00 p.m. to allow for the Section track meet that is being held in Luverne; June 4 – last day of school for students with regular dismissal times; June 7 – staff inservice day; and, June 8 staff check-out day. Motion unanimously carried. Motion by Stegemann, second by Tofteland, to accept the retirement of Lorna Harms, Elementary School head cook, effective at the end of the school year. Motion unanimously carried. Motion by Deutsch, second by Radisewitz, to accept the resignation of Stacey Lihs, Middle School English teacher, effective at the end of the school year. Motion unanimously carried. Motion by Tofteland, second by Bryan, to approve a maternity leave request for Kari Lais, Health Teacher, from September 1, 2004, through January 2, 2005. Motion unanimously carried. Member Kopp introduced the following resolution and moved its adoption:RESOLUTION RELATING TO THE TERMINATION AND NONRENEWAL OF THE TEACHING CONTRACT OF KELLY BERGAN, A PROBATIONARY TEACHER The motion for the adoption of the foregoing resolution was duly seconded by Member Bryan, and upon unanimous vote being taken thereon said resolution was declared duly passed and adopted. Member Radisewitz introduced the following resolution and moved its adoption:RESOLUTION RELATING TO THE TERMINATION AND NONRENEWAL OF THE TEACHING CONTRACT OF JENNIFER ENGESSER, A PROBATIONARY TEACHER The motion for the adoption of the foregoing resolution was duly seconded by Member Kopp, and upon unanimous vote being taken thereon said resolution was declared duly passed and adopted. Member Kopp introduced the following resolution and moved its adoption:RESOLUTION RELATING TO THE TERMINATION AND NONRENEWAL OF THE TEACHING CONTRACT OF LORI JACOBS, A PROBATIONARY TEACHER The motion for the adoption of the foregoing resolution was duly seconded by Member Tofteland, and upon unanimous vote being taken thereon, said resolution was declared duly passed and adopted. Motion by Bryan, second by Stegemann, to adopt the following:RESOLUTION DISCONTINUING AND REDUCING EDUCATIONAL PROGRAMS AND POSITIONS1) That the Alternative School Director position as written be discontinued effective June 30, 2004;2) That the Curriculum Director position as written be discontinued effective June 30, 2004;BE IT FURTHER RESOLVED, that Jan Olson be assigned to a classroom teaching position for the 2004-2005 school year. Discussion was held. Upon vote being taken thereon, the following voted in favor thereof: Radisewitz, Bryan, Stegemann, Kopp, Walgrave, and the following voted against the same: Deutsch, Tofteland whereupon said resolution was declared duly passed and adopted.Motion by Kopp, second by Bryan, to adopt the following:RESOLUTION DISCONTINUING AND REDUCING EDUCATIONAL PROGRAMS AND POSITIONS1) That the Elementary Librarian position be discontinued effective June 30, 2004;2) That the Middle School/High School Librarian position be discontinued effective June 30, 2004;upon unanimous vote being taken thereon, said resolution was declared duly passed and adopted. Member Radisewitz introduced the following resolution and moved its adoption:RESOLUTION PROPOSING TO PLACE JAMES LUNDER ON UNREQUESTED LEAVE OF ABSENCE The motion for the adoption of the foregoing resolution was duly seconded by Member Deutsch, and upon unanimous vote being taken thereon said resolution was declared duly passed and adopted. No committee reports were given.The upcoming meeting dates were reviewed.Motion by Kopp, second by Deutsch, to adjourn the meeting. Motion unanimously carried. Dated: April 29, 2004Colleen Deutsch, Clerk(5-20)

City Comprehensive Plan hearing set for June 1

NOTICE OF PUBLIC HEARINGNOTICE IS HEREBY GIVEN, that the Luverne Planning Commission will hold a public hearing commencing at 5:00 P.M., Central Daylight Savings time, on Tuesday, June 1, 2004, in the City Council Chambers located on the second floor of City Hall, 203 East Main Street, Luverne, Minnesota, to discuss and hear testimony relating to the Comprehensive Plan for the City of Luverne prior to taking action on the Plan and making a recommendation to the Luverne City Council. A copy of the Comprehensive Plan for the City of Luverne is available at the City Clerk’s Office. All citizens are encouraged to attend the hearing, ask questions, and/or give comments. Any citizen may also submit written questions or comments prior to the hearing by addressing them to the City Administrator, PO Box 659, Luverne, Minnesota 56156.Anyone needing reasonable accommodations or an interpreter should contact the City Clerk’s Office, 203 East Main Street, Luverne, MN (507) 449-2388.Marianne PerkinsCity Clerk(5-20)

Remember when?

10 years ago (1994)"Kindergarten students in Luverne Elementary School will attend classes all day beginning this fall.After hearing two options, the Board unanimously approved an all-day kindergarten schedule. One group of children will attend classes Monday, Wednesday and Friday from September through February, and the second group will attend classes Tuesday, Thursday and Friday from March through the end of school."25 years ago (1979)"Rock County Commissioners frankly admitted that they didn’t realize how much road equipment the county owned and used to maintain roads and bridges.The equipment was lined up along the east and south sides of the County Highway Building last week so the commissioners could have the opportunity for an inspection. … The county currently owns 54 pieces of equipment. Cost of that equipment new was $477,577.85. Fred Worden, county engineer, said his estimate, and he stressed that it was merely a guess, of the value of the equipment at today’s new prices would be in the vicinity of $1 million to $1.2 million."50 years ago (1954)"Final plans for the new Rock County Community Hospital drive were made at a meeting of about 70 people in the courthouse last Monday evening. The dates for the door to door and farm to farm drive were set as May 24 to June 2nd. Every home, both rural and city, and every business firm in the county will be called on and will be given an opportunity to help out on building the new hospital."75 years ago (1929)"That Luverne as a city and Rock County as a county each has the lowest tax rate of any in the state is again emphasized by the May issue of Minnesota Municipalities, which was received here yesterday.This magazine contained an extended table showing the assessment rates in all villages, cities and counties of the state, and in connection with the statement that the city of Luverne has the lowest tax rate, it should be understood that the lowest in this case means in comparison with cities of the same class and approximate population."100 years ago (1904)"Fire was kindled yesterday under the first kiln of brick to be burned this season at the Luverne Brick yards, the kiln containing 200,000 bricks of A-1 grade. By the extensive improvements made at the yard this spring the capacity of the plant has been increased to approximately 30,000 bricks per day. With this output Mr. Hinkly hopes to be able to supply all demands for brick from now on; also to lay in a stock before the season closes sufficiently large to fill all orders during the coming winter and early spring."

Boy hit by car in Magnolia; is fourth local child to be struck in past seven months

By Lori EhdeAn 8-year-old boy is recovering from injuries he received last week when he was struck by a car in Magnolia.Chris DeGroot, a second-grader at Luverne Elementary School was struck Wednesday, May 12, by a 1994 Chevy Lumina driven by Thomas Schwarz, Bigelow. The accident happened at about 3:30 p.m. on County Road 4 (Luverne Street) in Magnolia shortly after Chris got off the bus.According to the accident report, Chris darted into the street to avoid a dog that was chasing him.His mother, Jean DeGroot, said Chris had picked up the family’s mail at the Post Office and was walking home when an unleashed Doberman pincher startled him.Schwarz, who was traveling west through town, didn’t see Chris in time to stop before hitting him. The report noted that Chris struck the left front fender of the vehicle, which rode over the ankle region of his lower right leg.The Magnolia first-responders were initially dispatched to the scene, and Chris’ father, Steve DeGroot, also a first responder, got the call on his way home from working at Bayliner Marine, Pipestone."I said, ‘Oh my God. You’ve gotta be kidding.’ The thought in my mind was that I was going to lose my little boy," said Steve, who by that time was still more than 20 miles from home.Also fresh in his mind was the Jan. 22 accident involving 5-year-old Cole Eidem who was struck by a pickup on Highway 75 north of Luverne. Steve witnessed the accident and assisted at the scene. He was quoted in the Star Herald as being shook up by that accident because he also has children and wouldn’t want them to be in that situation."That came to mind," he said. "I saw another couple’s kid get hit by a car, and then my own kid gets hit by a car. It made me wonder what was going on."Chris was taken by Rock County Ambulance to Luverne Community Hospital Wednesday. His parents took him to Sioux Falls that night to see an orthopedic surgeon, who told them the bones were relatively aligned and to take Chris home for a week until the swelling went down.Jean said both bones in the lower part of Chris’ leg were broken, and there are multiple fractures in his foot.Motorist Carole Shorter, Adrian, was the first at the scene and stayed with Chris until help arrived. "We appreciated that she took the time to do that," Jean said. "She sat there and comforted Chris until the ambulance got there."She said its been a long, painful week for Chris, who’s now missed more than eight days of school. "He’s a very active kid, and now he’s cooped up and gets bored easily," she said.The leg was reset Wednesday (yesterday) and put in a cast and Chris may return to school Friday, if he feels up to it, but he’ll remain in a wheelchair for awhile.Four young pedestrians struck since last fallChris is the fourth local child (three of them are Luverne second-graders) to be struck by a vehicle in the past seven months.oOn Oct. 8 last fall, Cole Walgrave, now 8, was struck while crossing the intersection of Main Street and Highway 75 on his inline skates.He suffered a fractured pelvis and missed nearly a week of school recovering from his injuries. He spent time in a wheelchair and then crutches before he could eventually walk without pain.Walgrave had crossed on a green light, and the driver of the car, Jesse Dean Lafrenz, was cited for failing to yield to a pedestrian.oOn Jan. 22, Cole Eidem, then 5 years old, was struck by a pickup on North Highway 75 where he and his mother and aunt stopped on the shoulder of the road.They had forgotten a container of toys on top of the car, and when it fell to the ground north of Luverne, they stopped to pick up the contents.Eidem was struck when he stepped into the driving lane of a passing pickup to retrieve one of the toys.oOn April 16, 8-year-old Andrea Woods, Luverne, was struck by a pickup while riding her bike at the intersection of Donaldson and Main streets.Sheriff Mike Winkels witnessed the accident, and said Woods was thrown 60 feet through the air by the impact. She was airlifted to Sioux Valley Hospital, but her injuries were determined to be non-life threatening, and she was back in school a few days later."She’s a very lucky young lady," Winkels told the Star Herald. "I know for a fact she received a pretty good blow to the head, and she was covered with skin abrasions."All four children have reportedly made full recoveries.

Hearing technology may help learning

By Lori EhdeLuverne students with impaired hearing have access to special equipment that makes teachers’ voices more audible.Clearer lines of communication make both learning and teaching more effective, and local educators are seeing value in new technology for the whole classroom — not just for the hearing impaired.At their Thursday, May 13, meeting, School Board members heard about a grant application Luverne teachers are submitting for a Sound Field Speaker System.The technology, which costs about $760 per classroom setup, includes a wireless microphone worn by the teacher and four small speakers, one for each corner of the room.The result, Angela Ahrendt told the board, is that all students get the same speaker/listener ratio. Without it, students nearest the teacher hear best, and those in the back of the room are disadvantaged.Luverne teachers said they didn’t understand the significance of sound until one Luverne student with hearing problems began using the speaker system in his classrooms.Teachers noticed improved behavior and longer attention spans among all students in classrooms where the equipment was in use."Unless you experience it, you don’t realize how powerful it is," said kindergarten teacher Shirley Harrison, who sometimes suffers voice fatigue.In applying for their grant, teachers are including information from studies showing how important good hearing is to successful learning.oConsidering noise from ventilation systems, overhead projectors and other voices in the room, most children in the classroom have trouble hearing every day, at some point in the day.oPoor hearing leads to students becoming distracted and becoming a distraction for other students.oStudies have shown that 40 percent of special needs students have varying degrees of hearing impairments. Considering 16 percent of Luverne’s students are considered to have special needs, the grant is worth pursuing.Five Luverne teachers presented information on the grant application Thursday: Ahrendt, Harrison, Lucinda Rofshus, Beth Capistran and Sandy Klosterbuer.Elementary Principal Melody Tenhoff praised their efforts at the meeting. "I’m really proud of them for taking on this project," she said.The grant will be written to large corporations with histories of supporting projects like this one. The district won’t be asked to pay for the Sound Field Speaker System.Final school days …School Board members reviewed final days on the school calendar:oStudents will be released at 1 p.m. Thursday, June 3, because of a regional track meet in Luverne. oThe last day of school for students will be Friday, June 4, with a regular dismissal time.oGraduation is at 2 p.m. Sunday, June 6, in the Cardinal Gym.oMonday, June 7, will be a staff inservice day.oThe first day of school this fall will be Wednesday, Sept. 1.oThe next School Board meetings are at 7:30 p.m. Thursdays, May 27, June 10 and June 24.In personnel action, the board:oApproved maternity leave request for Sheleen Bauer, English teacher, from Sept. 1 through Nov. 5.oAccepted the resignation of Dan Carlson, paraprofessional, effective at the end of the school year.oApproved an administrative agreement for elementary librarian Lorna Schoeneman and accepted her retirement at the end of the school year. oPlaced part-time music teacher Patti Nelson on unrequested leave of absence that will reduce her position from .65 time to .40 time for the 2004-05 school year. The move reflects a reduction in the number of music classes offered in the middle school and one less section in the elementary school.

County parks free of tobacco

By Sara StrongRock County joined the city of Luverne this week by declaring recreational areas tobacco free.The Rock County Board of Commissioners passed the tobacco-free policy Tuesday for all county work sites, including the courthouse, Law Enforcement Center, Highway Department, Family Services Agency, Extension Office, Land Management Office, the little league fields, Schoneman Park and Kanaranzi Park.The county reserved the right to set aside smoking areas, provided the areas are sufficiently isolated and removed from the public. QUOTE FROM PAULA??In other county business Tuesday, commissioners:oApproved the conditional use permit for Duininck Bros. hot mix plant. The permit was approved in a special Planning and Zoning meeting before going to the commissioners. The company mistakenly overlooked the permitting timeline, so the special meeting had to be called. Because of that, the county will bill Duininck costs for the meeting, approximately $1,000.The hot mix asphalt operation will be in Section 21 of Battle Plain Township.oReceived updates from Luverne High School interns, who participated in the program under the direction of Jim Sanden.Abigail Kooiker helped the Assessor’s Office do house layouts and mapping on a computer program. She completed the city of Steen, and county employees will finish the rest of the project. The information will eventually be online.Brad Herman worked with Nobles Rock Public Health educating youth about dangers of tobacco use. He also worked with developing informational handouts for the office.Chelsie Van DeBerg and Taylor Graphenteen worked with the Rock County Collaborative. The Collaborative will publish a guide on youth programs for ages ranging from birth to teen based on their work.

Did you hear?

Twins settle broadcast issue Mediacom will also broadcast games Starting next Saturday, both Luverne cable companies will again broadcast Minnesota Twins games.The Twins had hoped to broadcast their games on their own Victory Sports Channel, but had not been able to convince any of the major cable companies in the metro area to agree to carry the channel.The major metro cable providers cited the much higher cost Victory wanted compared to what they had been paying Fox Sports Network (FSN) in previous years.Two weeks ago PrairieWave announced they had signed an agreement with Victory, as had many of the smaller outstate cable companies.Last week the Pohlad family, owners of the Minnesota Twins, announced an agreement to again broadcast their games over FSN and shut down the fledgling Victory Sports channel.With the Victory Channel going out of business, both Luverne cable companies, Mediacom and PrairieWave, will again broadcast the Twins season on FSN.For Mediacom subscribers FSN is on channel 26 and PrairieWave shows FSN on channel 67.Dollars for Scholars awardsmillionth dollarLuverne’s Dollars for Scholars program hit a new milestone this year when it went over the $1 million mark in scholarships awarded.Since the program’s inception, 895 Luverne High School students have been awarded $1,093,525.The program was started 21 years ago with the class of 1984 receiving the first scholarships.In past years, scholarships were awarded during Luverne High School’s annual awards night.To celebrate the milestone, scholarships were presented to this year’s recipients at a ceremony Friday evening at the Blue Mound Banquet Center with former recipients and donors invited to attend.Former scholarship recipients Bart Thielbar, class of ’86, and Erica Smith, class of ’99, were speakers at the event.This year the program awarded 74 LHS seniors more than $94,250 in scholarship money.The Luverne Dollars for Scholars program currently has 99 perpetual scholarships and has more than $2.4 million in endowment funds.Pawlenty signs bill for vets memorial Minnesota Governor Tim Pawlenty has signed a bill allowing veterans organizations with gambling licenses to spend up to $1,500 per person in gambling profits to send two World War II veterans to Washington, D.C., for the dedication of the National World War II Memorial.According to a Web site dedicated to the memorial, the National World War II Memorial will be the first national memorial dedicated to all who served during World War II. The memorial will honor all military veterans of the war, the citizens on the home front, the nation at large, and the high moral purpose and idealism that motivated the nation's call to arms. It will be located on the National Mall in Washington, D.C. at the Rainbow Pool site at the east end of the Reflecting Pool between the Lincoln Memorial and the Washington Monument. This prominent location is commensurate with the historical importance and lasting significance of World War II to America and the world.The memorial has been open to the public since April 29, and the dedication ceremony will be May 29.The Second World War is the only 20th century event commemorated on the Mall’s central axis.Publisher Roger Tollefson can be reached by e-mail at tolly@star-herald.com

City to control dandelion problem

By Sara StrongThe Luverne Economic Development Authority is taking steps to control weeds in open lots in newer subdivisions.People living in the Evergreen and Sybesma additions have complained to the city about dandelion and other weed infestations in the unsold residential lots. The LEDA decided to spray for broadleaf weeds and alfalfa and mow the lots as soon as possible. Then in the fall, it will seed rye grass to cover the lots. The ground should have enough cover left to hold down dirt through the summer.Nate Golla, on behalf of the Luverne Farm Store, made the recommendation to seed rye grass in the fall because it might not grow if planted now. The Sybesma Addition has more open lots and has been planted with alfalfa to be harvested. The city has a year left on that contract, but will also try the weed control after the current crop is cut.For the 13.6 acres in Evergreen, it will cost $1,940 for spraying, $5,811 for grass seed and $1,800 for inner seeding. The Luverne Farm Store will contract with the city for these services.In other business, the LEDA:oAgain extended the loan repayment for Blue Mound Soy, which owes $40,000 plus interest to the LEDA. The money was borrowed to explore constructing and operating a soy processing plant in Luverne. David Kolsrud, representing Corn-er Stone Farmers Cooperative, said the group is still looking into the viability of the project. oPlans to host a public meeting (that is yet to be scheduled) on the Small Cities Grant it received from the state. The grants and local matches amount to $1.27 million that will be invested in owner-occupied homes, rental units and commercial buildings downtown.

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