By John Rittenhouse
The Luverne track teams turned in some promising performances at the Dan Lennon Invitational meet staged at the Dakota Dome in Vermillion, S.D., Monday.

Competing in the Class A version of the event against a strong field of teams, the Cardinal athletes turned in 10 top-10 performances during the meet.

"We had a good meet," said Cardinal coach Craig Nelson. "Outside of the Minnesota State meet and the Howard Wood Relays, this probably is the third most competitive meet we go to. There were between 800 and 900 athletes competing for more than 50 teams."

The Luverne boys produced six top-10 performances during the day.

The 800-meter relay team of Tom Sandager, Travis Johnson, Tyler Elbers and Chris Morgan came up with Luverne's top effort by finishing fourth in 1:39.23.

Andrew Norton, who placed ninth with a distance of 20-2 in the long jump, cleared 5-10 to place sixth in the high jump.

Cardinal Tim Rust cleared 11-6 to place sixth in the pole vault, while Sandager ran 400 meters in 55.22 to finish sixth.

The boys' 1,600-meter relay team of Sandager, Johnson, Elbers and Norton finished eighth in 3:47.28.

The Luverne girls turned in four top-10 efforts, including a record-setting effort by Danielle Cook.

Cook cleared the 55-meter hurdles in 9.06, which surpassed the old school standard of 9.1 set by Kelli Heidebrink in 1989.

Luverne's best finish came from Amanda Aning, who cleared 9-6 to place third in the pole vault.

Aning also ran a leg for Luverne's 800-meter relay team, which placed 10th with a time of 1:58.03. Callen Bosshart, Maggie Vanden Hoek and Cook are the other team members.

Luverne's 1,600-meter relay team of Sadie Dietrich, Jenni Christensen, Amanda Dooyema and Patricia Willers placed ninth in 4:29.46.

Nelson said Monday's meet could set the stage for a strong outdoor season that begins with the Cardinal Quadrangular Tuesday.

"It certainly was one of our better meets we had down there in Vermillion. We had a bunch of kids having really good days against very good competition. I was very pleased. It gives us a lot of momentum heading into the outdoor season," he said.

Here is a look at the rest of the performances turned in by LHS athletes Monday.

LHS boys
14th: Elbers, high jump, 5-8.

15th: Morgan, 400, 57.3; sprint medley relay (Rust, Jerome Willers, Kyle Bitterman and Nick Otten), 4:15.47.

17th: Craig Bosch, shot put, 46-5.

22nd: Johnson, 100, 12.09.

48th: Ben Peters, 100, 12.98.

No places: Tom Gluf, shot; Mark Brockberg and Bitterman in the high jump.

LHS girls
12th: Dietrich, 400, 1:06.47.
14th: Aning, long jump, 15-2.
16th: P.Willers, 55 hurdles, 9.35.
18th: Bosshart, long jump, 15-0.
22nd: Pap, triple jump, 28-7; medley relay (Pap, Nicole Willers, Christensen and Suzanne Gluf), 5:07.71.
26th: Marissa Stewart, shot, 30-5.
29th: Maggie Kuhlman, 3,200, 14:07.63.
31st: Amanda Saum, 3,200, 14:17.77; Andrea Drost, 800, 2:50.71; Pap, long jump, 13-11.
34th: Nicole Cronquist, 1,600, 6:30.02.
43rd: Tracey Scheidt, 55 hurdles, 10.55.
49th: Katie Jauert, 1,600, 7:00.97.
50th: Jocelyn Alschlager, 1,600, 7:01.28.
51st: Heidi Sandbulte, 800, 3:16.02.
52nd: Erin Hamann, 800, 3:22.36.

No places: Christina Smidstra and Nicole Willers in the 100; Adria Sherwood, Serena Franken and Sandra Willers in the shot.

Kracht feedlot
application permit
PUBLIC NOTICE
In accordance with amended Minnesota State Statutes 116.07,
Subdivision 7a
I Greg Kracht do hereby give notice that I have applied for an animal feedlot permit for new construction. The construction will consist of a 100Õ X 240Õ total confinement barn to house 600 head equivalent to 600 animal units.

The feedlot will be located in the NE 1/4 of section 31 in Magnolia township of Rock County.
Nearest State, County or Township Road: County Road 9

Construction Location: From the Intersection of County Roads 9 and 16, 1 mile south, 1 mile east, 1/4 mile south

The Rock County Land Management Office will be conducting the permitting process.
311 West Gabrielson Road
Luverne, MN 56156
(507) 283-8862 Extension #3
(3-28)

ISD #2184 School Board meets Feb. 28
FEBRUARY 28, 2002
MINUTES 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 MS/HS Library on Thursday, February 28, 2002, at 7:30 p.m.

The following members were present: Don Bryan, Colleen Deutsch, Dan Kopp, Bill Stegemann, Steve Tofteland, and Becky Walgrave. Absent: Cary Radisewitz. Also present: Superintendent Vincent Schaefer, Marlene Mann, Jan Olson, Melody Tenhoff, Gary Fisher, Dianne Headrick, Roger Headrick, Greg Antoine, Terry Nelson, Linda Limesand, Emily Matthiesen, Diane Robinson, Louise Thorson, Tina Egland, Gordie Hansen, Cloyce Smith, Dale Nelson, Dave Svingen, Craig Nelson, Al Brinkman, Carol Goehle, Deb Vander Kooi, Beth Capistran, Sandy Klosterbuer, Linda Gulden, Jane Cote, Bonnie Kirchhofer, Linda Bakken, Jodi Rops, Joanne Gabrielson, Tom Lanoue, Michael Wenninger, Dan Amborn, Karla Osterday, Patsy Amborn, Marie Atkinson-Smeins, Chris Nowatzki, Doug Dooyema, Joel Swanson, Matt Crosby - K101/KQAD Radio, and Sara Strong - Rock County Star Herald.

The meeting was called to order by Chairperson Don Bryan. Superintendent Schaefer announced that there is an addendum to the agenda. Motion by Kopp, second by Deutsch, to approve the agenda and addendum. Motion carried.

Jodi Rops, Linda Bakken, and Joanne Gabrielson made a presentation to the School Board regarding the Child Guide program.

Beth Novotny spoke to the School Board regarding the Fine Arts program.

Administrative reports were given.

Motion by Stegemann, second by Tofteland, to approve the consent agenda to include the School Board minutes of January 24, 2002; the Student Activity Report showing the balances as of January 31, 2002; and to appoint Superintendent Schaefer to the Luverne Community Economic Development Commission. Motion carried.

Motion by Walgrave, second by Deutsch, to approve payment of the District bills in the amount of $923,572.30. Motion carried.

Mr. Schaefer announced that the MS/HS HVAC Remodeling Project bid deadline has been extended two weeks. No action will be taken.

Superintendent Schaefer informed the School Board that two quotes had been received for the asbestos removal to be done during the Easter break. M.A.A.C. in Montevideo quoted $15,600.00 and Quad States also of Montevideo quoted $6,733.00. MacNeil Environmental will oversee this project. Motion by Tofteland, second by Deutsch, to accept the quote of Quad States in the amount of $6,733.00. Motion carried.

Motion by Walgrave, second by Deutsch, to approve the SW/WC Service Cooperative contracts for the 2002-2003 school year in the amount of $46,942.86. Motion carried.

Motion by Kopp, second by Walgrave, to accept the retirement of Pauline Ailts, bus driver, effective December 31, 2001; approve hiring Amanda Buysse as full-time Special Education teacher; approve hiring Emily Johnson as part-time Speech Pathologist; approve a leave for Denise Fick on February 20-21, 2002; approve a leave of absence from February 25-March 1, 2002, for Henrietta Elbers; approve a leave of absence for Laura Earl from February 25-March 1, 2002; approve the resignation of Elizabeth Moe, Title 1 Asst., effective March 8, 2002; and, approve a leave for Karla Osterday on March 11-12, 2002. Motion carried.

Motion by Tofteland, second by Stegemann, to set the entire fee for the Driver Education program at $180 per student to be paid in full by May 22, 2002. Motion carried.

Committee reports were given. Don Bryan reported on behalf of the Personnel Committee that the negotiations with the Luverne Education Association are pending arbitration.

Mr. Schaefer requested a consensus of the School Board to allow the School District to participate in "Wrap-around" in Rock County.

Chairperson Don Bryan reviewed the upcoming meeting dates. Superintendent Schaefer handed out his performance appraisal to be completed by the Board members and returned to Chairperson Bryan.

Motion by Kopp, second by Deutsch, to adjourn the meeting. Motion carried.

Dated: February 28, 2002
Rebecca Walgrave, Clerk
(3-28)

Rural street signing installation project bids
set for April 11
NOTICE TO BIDDERS
Sealed proposals will be received until 1:00 PM April 11th, 2002, by the Rock County Engineer at the Rock County Highway Department in the City of Luverne, Minnesota for the Rural Street Signing Installation Project.

The project includes the installation of signs, u-channel posts, 30-inch square tubing, and mounting hardware at 535 locations throughout Rock County.

Proposals and specifications may be examined and/or secured at the Office of the Rock County Engineer, 1120 N. Blue Mound Avenue, Luverne, MN, 56156.

The non-refundable cost for each Proposal will be $10.00.

Bids will be opened and read publicly by the Rock County Engineer immediately after the hour set for receiving bids in the meeting room at the Rock County Highway Department, 1120 N. Blue Mound Avenue, Luverne, MN, 56156. Contract will be awarded on Tuesday April 16, 2002 at the regular Board of Commissioners meeting.

Bids must be accompanied by a certified check or bidder's bond made payable to the Rock County Treasurer for at least five percent (5%) of the amount of the proposal. Sealed bids shall be clearly marked "Rock County Rural Street Signing Installation Project".

The Rock County Board reserves the right to accept or reject any or all bids, portions thereof, and to waive any informalities.

Rock County is an Equal Opportunity/Affirmative Action Employer.

Minnesota Statutes require prompt payment to subcontractors.

16A.1245 Prompt payment to subcontractors. Each state agency contract must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the state for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1 1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneyÕs fees, incurred in bringing the action.

337.10 Building and construction contracts; prohibited provisions. Subd. 3. Prompt Payment to subcontractors. A building and construction contract must require the prime contractor and all subcontractors to promptly pay any subcontractor or material supplier contract within ten days of the prime contractorÕs receipt of payment from the owner or ownerÕs agent for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1 1/2 percent per month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees incurred in bringing the action. This subdivision does not apply to construction of or improvements to residential real estate as defined in section 326.83, subdivision 17, or to construction of or improvements to attached single-family dwellings, if those dwellings are used for residential purposes and have fewer than 13 units per structure.

Mark R. Sehr, PE
Rock County Highway Engineer
(3-14, 3-21, 3-28)

Rural street signing Hardware Project bids
set for April 11
NOTICE TO BIDDERS
Sealed proposals will be received until 1:00 PM, April 11th, 2002, by the Rock County Engineer at the Rock County Highway Department in the City of Luverne, Minnesota for the Rural Street Signing Hardware Project.

The approximate quantities are as follows:
Single Faced Signs
Furnish 39 signs of 9-inch height and 18 inch length.
Furnish 385 signs of 9-inch height and 24 inch length.
Furnish 1,483 signs of 9-inch height and 30 inch length.
Furnish 215 signs of 9-inch height and 36 inch length.
Furnish 4 signs of 9-inch height and 42 inch length.
Furnish 2 signs of 9-inch height and 48 inch length.
Double Faced Signs
Furnish 3 signs of 6-inch height and 18 inch length.
Furnish 10 signs of 6-inch height and 24 inch length.
Furnish 3 signs of 6-inch height and 36 inch length.
U-Shaped Channel Posts
Furnish 30 u-shaped 3lb/ft channel posts 6 feet in length.
Furnish 1,070 u-shaped 3lb/ft channel posts 8 feet in length.
1 1/2 Inch Square Tubing
Furnish 535 1-1/2 inch x 12 gauge x 30 inch square tubing.
Mounting Hardware
Furnish 1,100 3/8" x 18 x 1 1/4" stainless steel hex head screws.
Furnish 3,300 3/8" x 18 x 2 1/2" stainless steel hex head screws.
Furnish 4,400 3/8" x 18 nylon insert lock nuts.
Furnish 2,200 3/8 nylon washers.
Furnish 2,200 1/4" x 1 1/2" aluminum spacers.
Furnish 2,200 1/4" x 1 13/16" aluminum cherry rivets.
Furnish 4 u-channel caps (M & R #91 UF-NU180)
Furnish 4 cross pieces (M&R #9-90F)
Furnish 8 wing brackets (M & R #8)

Proposals and specifications may be examined and/or secured at the Office of the Rock County Engineer, 1120 N. Blue Mound Avenue, Luverne, MN, 56156.

The non-refundable cost for each Proposal/Specifications will be $10.00.

Bids will be opened and read publicly by the Rock County Engineer immediately after the hour set for receiving bids in the meeting room at the Rock County Highway Department, 1120 N. Blue Mound Avenue, Luverne, MN, 56156. Contract will be awarded on Tuesday April 16, 2002 at the regular Board of Commissioners meeting.

Bids must be accompanied by a certified check or bidder's bond made payable to the Rock County Treasurer for at least five percent (5%) of the amount of the proposal. Sealed bids shall be clearly marked "Rock County Rural Street Signing Hardware Project."

The Rock County Board reserves the right to accept or reject any or all bids, portions thereof, and to waive any informalities.

Rock County is an Equal Opportunity/Affirmative Action Employer.

Mark R. Sehr, PE
Rock County Highway Engineer
(3-14. 3-21, 3-28)

By Sara Strong
A zoning change will update city code maps in a few blocks by the hospital, courthouse and Catholic Church.

The Luverne City Council Tuesday night approved the rezoning recommendation by the Planning Commission. The area will change from the current R-1, or low density residential, to R-I, residential/ institutional.

In examining the 30 affected lots, Councilman Jim Kirchhofer said the decision seemed simple. He also serves on the Planning Commission.

Kirchhofer said, "The function of the Planning Commission is to anticipate what zones should change, and this seems like a natural move from residential to institutional. If we look forward we need to provide some growth area."

Garbage issues
The council also passed an ordinance clarifying what "garbage" is to the city when picking up residential refuse.

The city reviewed the garbage ordinance almost two years ago, but language wasn't specific enough for private collector Bill Ketterling.

The city's past ordinance specified that the city of Luverne would be responsible for collecting residential refuse. But in the case of extra large clean-up projects, Ketterling often gets the call and then has to refer that potential business to the city.

He, Mayor Glen Gust and Councilman Tom Martius questioned whether it was fair to make customers wait for weekday services if a home needs to be cleaned over a weekend.

Major cleaning projects, situations that require a home to be emptied or fires are the most common circumstances when Ketterling and the city may be called for extra pick-ups.

Previous garbage ordinance discussions ended in a decision to draw a line between residential and business garbage collection, with the city collecting residential and private haulers doing businesses.

Gust said, "What's wrong with customers getting a choice? Especially if they want a dumpster on Saturday or Sunday."

Councilman David Hauge said that if residences can shop around for garbage service, so should businesses. Doing that would cause "chaos," he said, in the cityÕs system of trash collection.

Darrell Huiskes, public works director, said he and his staff have made special arrangements to deliver dumpsters to homes over weekends in the past.

Residents have called Ketterling for extra large pick-ups in the cases of a couch or mattress that needs to be disposed of. Under the more well-defined garbage and junk ordinance, the city would still collect those.

Ketterling will continue to haul all demolition materials, from residential or business sites, to the landfill.

Ketterling said he feels better knowing more clearly what his role is. But he added that he is slightly disappointed that his services aren't able to be used for the larger jobs.

Huiskes said that if the city ever needs extra help in the case of a tornado or other major clean-up, the city would likely ask for KetterlingÕs services and not strictly watch what was residential or business.

By Lori Ehde
Luverne teachers are putting the heat on School Board members and administration as contract negotiations drag on.

At Tuesday's School Board meeting, a throng of teachers filled the high school library meeting space, and many touted large signs bearing negotiation messages.

The district is currently offering a 9.75-percent "total package" increase over two years. That includes salaries, benefits, step increases, etc.

Teachers are asking for a 12.16-percent total package increase over two years.

The hot point now is a difference of opinion in which numbers to use as a basis for negotiations.

Typically, talks are based on the previous yearÕs numbers, and the contract is retrofitted to the actual numbers.

Last year there were 98 teachers. This year, 2001-02, there are 93, unless you count the recently hired special needs staff, which adds another full-time equivalent.

The Luverne Education Association wants talks to be based on this year's numbers, because without those five salaries, teachers say the district has another $235,000 per year at its disposal.

"If you take that amount times two years, plus factor in four more retirements, that's $590,000," LEA negotiator Doug Dooyema said after the meeting.

That's money, he said, that could be applied toward existing teachers' salaries and benefits.

"This is a true cost savings to the district," Dooyema said. "If we could get the money in the true cost savings, weÕd have our settlement right now."

Many of the signs displayed at Tuesday's meeting depicted the No. 98 circled and crossed off beside a No. 93.

The teachers say state law now requires districts to use actual staff numbers, not last year's numbers. "93. It's the law," one sign read.

LEA vice president Jane Cote addressed the board on the issue. "Wouldn't it make more sense to build your budget using the required elements of structural balance from the onset and not have to go back and recalculate after the settlement is made?" she asked the board.

"It's time to do what is both legally and ethically right to do," she said.

The board heard CoteÕs statement but didn't comment.

For many of the teachers, knowing how much money the district has at its disposal has a bearing on how much they're asking for.

For example, they know the district has an additional $635,000 per year at its disposal through the excess levy referendum approved last fall.

Teachers feel some of this money should be spent on salaries. One of the signs displayed at Tuesday's meeting made the point that Luverne School District is in the bottom third of the state for teacher salaries and the top third for money in the bank.

Many teachers just want to bring their salaries closer to what their peers are earning statewide.
According to the Minnesota State School Boards Association, the average starting salary for teachers in Minnesota is $27,763. In Luverne, starting base salary is $25,844.

"When we keep falling behind, it makes it difficult for us to recruit new teachers when our teachers retire," LEA co-chair Gordie Hansen told board members at their March 14 meeting.

"All we're asking for is an average settlement. It would be a great way to show appreciation for a job well done. Right now we have good teachers looking to leave because of the way we're treated."

He also made the point that with increasing health care costs, the district's current offer wouldn't amount to much after a $1,000 deductible, which is what teachers now pay for health insurance.

Middle school principal
Superintendent Vince Schaefer updated the board on the hiring process for a middle school principal.

He said 62 applicants were narrowed to 47 for the interview team to select five for interviews, which were conducted Friday and Saturday.

From there, two candidates were selected to be interviewed before the board. One is Dawn Hansen, Deephaven, who currently works in the Hopkins School District. The other is Stacy Gillette, Buffalo, who works in the Rockford School District.

"We feel these candidates were very strong," Schaefer said.

In other business...
>li

The board also approved three early dismissal days for staff development to be taken at the end of each quarter.

Schaefer updated the board on the most current open enrollment numbers.

He said there are 127 students open enrolled into the Luverne District for 2001-02. He estimates there will be 132 open enrolled for 2002-03, taking into account graduating seniors.

There are 31 Luverne students open enrolled to other districts.

By Sara Strong
Home is where the heart is, and for Shari Kracht that will soon be the southwest corner of Southwest Park and Warren streets.

As the first Habitat for Humanity homeowner in the area, LuverneÕs Kracht said she looks forward to the freedoms home ownership brings.

"I want to be able to walk outside ... have a backyard barbecue," Kracht said.

She said the best part of living in her own home will be having a private place for her children to play.

Kracht and four of her six children live in a rented town home now and look forward to being more independent.

Eight-year-old Nicholas said, "I've been so happy about this. I look forward to it so much."

As far as the extra responsibility a home can bring, Kracht said she'll gladly take it. "It's just something I've been dreaming of," she said.

Kracht applied to the Southwest Minnesota chapter of Habitat for Humanity in November and interviewed in February.

The interview process could have been more stressful, she said, if the people on the selection committee weren't so nice.

The Habitat home is financed through a zero-percent interest loan and comes at a reduced price with extra donated labor and materials.

Because of area weather conditions, the organization is permitting the Southwest Minnesota chapter to build the home with a basement, which is usually forbidden.

Homeowners are required to put in 500 sweat-equity hours, which Kracht will complete with some extra hours donated by her older children.

To qualify, Kracht had to establish that she had need for a home at a reduced price and that she'd be able to handle one if she got it.

All of the technical details don't matter much to her at this point, though. She's just happy to see a home on the horizon for her family.

"It's still so overwhelming and hard to believe," Kracht said.

Up next
Habitat for Humanity will break ground on the construction project in April.

Pam Dobson, is the home's construction volunteer coordinator. She said a youth group from Tracy has already signed on to help with the project, and because it is a regional Habitat home, expects to see help come from the entire area.

Volunteers are needed for skilled and unskilled labor. Calling ahead is essential so the project has the correct ratio of skilled to unskilled workers. Painters, plumbers, electrical and dry-walling skills are especially needed.

If people can't help with the actual construction or finishing of the home, Dobson said volunteers can be a great help in other ways.

She said, "We'd like to have lunches on the site so the workers don't have to leave and purchase a meal. I'd also like to train a site hostess for every Saturday who can be there and greet people and know their way around a little bit."

Dobson can be reached at 283-4431.

By Lori Ehde
Luverne's historic Palace Theatre is back in community hands following the annual meeting of the Blue Mound Area Theater Board Tuesday.

The Palace doors may reopen as soon as June 1, and options for management and entertainment are under consideration.

Nearly 50 people attended the 7 a.m. meeting that ended with nine new faces on the board.

BMAT Board President Mike Hesch reported the Palace had been repurchased for $60,000 - $10,000 more than it had been sold for last summer.

Minnwest Bank has extended a $15,000 line of credit, debts have been paid and roughly $5,000 sits in the account for upcoming tax and insurance payments.

In addition to ticket and concession sales, the Palace receives rent revenue from FGL Commodity Services, apartment residents and the Chamber of Commerce.

Tuesday's meeting in the library attracted a crowd of 40 new BMAT members who elected the following new board members. They are Marilyn Bloemendaal, Connie Connell, Randy Creeger (treasurer), Keith Erickson, Betty Mann, Dave Smith (secretary), Roger Tollefson, LaDonna Van Aartsen (vice president) and Ben Vander Kooi (president).

Incumbents Bob Dorn, Bonnie Jordahl and Heidi Sehr were re-elected.

Among the first items of business for the new board was to discuss future uses of the facility and ways to make it cash flow.

Many of the members supported bringing back live drama to the stage of the Palace. Many also supported continuing movies, and a majority supported both.

"In the past, there have been conflicts between the two, as I'm sure the Green Earth Players will tell you," Vander Kooi said. "We hope to bring in some people for insight on how to make it work.
The next BMAT meeting was scheduled for 7 a.m. April 8, and an evening retreat is planned to include input from Twin Cities theater professionals.

"I know I'm glad the Palace is back in the community," Vander Kooi said at the close of the meeting. "Now we have to make it work."

He thanked retiring board members for their work. They include Hesch, Grace Loose, LaJean Lammert and Verlyn Van Batavia.

Hesch told the Star Herald he enjoyed his years on the board. "Anytime you serve on a board for 18 years, it's always with mixed emotion that you leave," he said. "I'll definitely miss it."

Hesch said the timing for his retirement is good, because he's sold his Slumberland business in Worthington and plans to move to north central Wisconsin.

Background
BMAT's decision last year to sell the Palace Theatre to manager Jeremy Esser raised a public outcry, mostly from those who feared for the historic preservation of the Palace and its future as a viable business in Luverne.

Hesch said the board acted in the best interest of the Palace when it authorized the sale.

He reiterated at Tuesday's meeting the board's original rationale for the sale: Esser has proven experience in the movie business, he respected the historic nature of the building, and he was optimistic the Palace could be profitable under private ownership.

Optimism, however, didn't pay the bills, and Esser closed the Palace doors Feb. 14 after racking up $10,000 in debt.

Meanwhile, when Vander Kooi researched the bylaws of BMAT, a public non-profit organization, he learned the sale may have been illegal and contacted the Minnesota Attorney General's Office.

The state office confirmed the transaction hadnÕt taken place according to bylaws, but it is not pursuing the issue.

Instead, a letter addressed to BMAT instructed the board to adhere to its bylaws, specifically to schedule an annual meeting and board election, and to be more aggressive in seeking new members.

Prior to Tuesday's meeting Vander Kooi solicited memberships and paid dues from 40 interested community members, some of whom agreed to be board members, if elected.

"I have been amazed by the number of people expressing interest in helping out," Vander Kooi said in February. "...There's a real appreciation for the history of that building."

By Sara Strong
The future of the Rock County Pool and Fitness Center was again discussed Monday by the city, county and pool boards.

While the discussion mostly dealt with wording in an advertisement for proposals, pool and fitness members are still concerned about what those proposals could mean for the facility.

The city and county, which jointly own the Pool and Fitness Center, will advertise requests for proposals for other companies or individuals to lease, manage or purchase the facility. But that doesn't mean changes are inevitable, because the legal advertisement states that any and all proposals can be rejected.

Supporters of the Pool and Fitness Center are concerned about what sweeping changes from new owners or managers could bring to the place they frequent.

County Commissioner Jane Wildung said, "If we don’t find out what else is out there for the public, we're not doing our jobs."

The center recently raised rates 20 percent at the same time the county and city subsidy is increasing to $72,000 each in 2002.

Pool Commission representative and County Commissioner Ken Hoime said, "The subsidy has been an escalating thing, so I don't see anything wrong with seeing what's out there."

The Pool Commission, which recommends decisions to the county and city, wanted to request proposals months ago to discover whether other businesses or managers could find ways to increase membership and services without increasing government subsidies.

Wildung said the county will not be able to invest any more in the facility in the way of building or capital improvements, beyond what the subsidy is already covering.

"I’m looking at this as a way that we might find investment capital where we can get more out of the facility," Wildung said.

Luverne City Council member David Hauge said, "We can't look at this just from the business perspective I want to continue to provide the service."

Councilman Keith Erickson said he wondered what could be done internally if all proposals were turned down or if none came back to the boards.

Recent improvements to the Pool and Fitness Center have been televisions, new treadmills and elliptical walkers in the fitness area and an access ramp in the pool.

The pool ramp had been discussed for 10 years and was high on a set of goals for the center.

The request for proposals allows potential new management, owner or leasing party to decide what will be done with current employees. However, the proposal must outline those plans to the boards.

Mayor Glen Gust, who also serves on the Pool Commission, said, "As a potential buyer, I would think being forced to keep the employees would be a negative." But he added, "The staff we have now would be pretty hard to replace."

When going over any proposals, plans for current and future employees will be considered alongside the business plans for the facility.

A tentative meeting at 7 p.m. Monday, June 17, has been set to discuss the proposals and hear presentations from interested parties, if any.

By Sara Strong
A local hog operation controversy puts Rock County on the list of defendants in a lawsuit filed in U.S. District Court March 19.

In their suit, Glenn, Mabel and Loren Overgaard claim, among other things, the county didnÕt act according to law when permits for a feedlot were granted.

Other defendants besides the county itself are: Rock County Board of Commissioners; John Burgers, individually and in his official capacity as feedlot officer and director of the Land Management Office; Robert Jarchow, individually and in his official capacity as a County Commissioner; Overgaard Pork; Chad Overgaard and Scott Overgaard.

The plaintiffs are relatives of the Overgaard defendants, who constructed a hog feedlot near the Glenn Overgaard property in the spring of 2001.

The Minnesota County Insurance Trust is handling the lawsuit for the county, but local County Attorney Don Klosterbuer said, "The county feels it followed proper procedure."

The suit claims that conflicts of interest, falsified records, inappropriate conduct and pollution should negate the permit that allowed for Chad and Scott Overgaard, of Overgaard Pork, to construct and operate where they are.

Glenn, Mabel and Loren Overgaard are each seeking monetary damages exceeding $825,000 from the defendants.

Chad Overgaard said he was surprised by the suit because the Minnesota Pollution Control Agency gave clearance to what the county had previously inspected.

He also plans to build a home near the feedlot site so it would be in his best interest to keep it environmentally sound.

Part of the complaint points out Burgers' past crimes in bribery and mail fraud related to the Pipestone County hog operation, Global Ventures.

Chad Overgaard said the insinuation that the two are related is wrong. "We've never had anything to do with Global Ventures, and the only connection we have to John Burgers is that he worked for the county."

Suit claims
The only papers filed with the courts at this point are from the side of the plaintiffs.

One of the claims Glenn, Mabel and Loren Overgaard make is that the hog facility was wrongly permitted as an existing feedlot.

Jarchow, outside of his duties as a County Commissioner, handled the estate of the late Abraham Oydna, which is where the feedlot is now. The suit says Jarchow backed up a false claim that the feedlot was existing when he reported that he heard animals on it during one of his visits to the site.

The suit says the defendants "conspired to fabricate the existence of a prior feedlot used within five years in order to avoid the legal requirements associated with new animal feedlots..."

The suit says property owners and residents within 5,000 feet of the proposed hog feedlot weren't properly notified of the proposed hog feedlot.

The plaintiffs said in the suit that the setback measurements from other properties weren't followed.
The suit also said water, soil and air pollution occurred as a result of the feedlot.

The suit alleges Luverne attorney Damon Eisma helped falsify the date of the land sale to Scott and Chad Overgaard.

It also says Burgers used intimidation tactics on Glenn Overgaard to stop him from questioning the progression of the permits.

Rock County will respond to the claims in about a month. Since the defendant Overgaards were permitted through the county, they are waiting to see how the county defends its permits before they will know what to do.