ORDINANCE NO. 251. THIRD SERIESAN ORDINANCE RELATING TO THE ADOPTION OF THE MINNESOTA STATE BUILDING CODE, AMENDING CITY CODE, CHAPTER 4, SECTIONS 4.01 AND 4.011 IN THEIR ENTIRETY, ADDING A NEW SECTION 4.013 RELATING TO PLUMBER BOND AND LICENSING, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 4 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The City of Luverne does hereby ordain: SECTION 1. City Code, Sections 4.01 and 4.011 are hereby amended in their entirety as follows: SECTION 4.01. CODE ADOPTED BY REFERENCE. Subd. 1. Adoption of Code. The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes chapter 16B.59 to 16B75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioners of Administration, through the Building Codes and Standards Division hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. Subd. 2. Application. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, subdivision 1, when so established by this ordinance. Subd. 3. Administration. The code enforcement agency of this municipality is called the City of Luverne. Subd. 4. Enforcement. This code shall be enforced by the Minnesota Certified Building Official designated by this Municipality to administer the code (Minnesota Statute 16B.65) subdivision 1. SEC. 4.011. Building Code Optional Chapters. The Minnesota State Building Code, established pursuant to Minnesota Statute 16B.59 to 16B.75, allows the municipality to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for this municipality.1. Grading Appendix Chapter K, 2001 Supplements to International Building Code.2. Chapter 1335, Flood proofing Regulations, parts 1335.0600 to 1335.1200.3. International Property Maintenance Code.SEC. 2. That a new section 4.013 be hereby adopted to read as follows: SEC. 4.013. PLUMBER BOND AND LICENSING. No person, firm, or corporation shall engage in or work at the business of a master plumber or journeyman plumber unless licensed to do so by the State Commissioner of Health. A copy of the license and bond shall be submitted to the Department of Building Safety by January 1 of each year, commencing on January 1, 2005.SEC. 3. This ordinance takes full force and effect seven (7) days after its publication. (4-24)

BID SOLICIATIONNotice is hereby given that sealed bids will be received, publicly opened, and read aloud by representatives of the City of Luverne, Minnesota, at the City Hall, 203 East Main Street, Luverne, Minnesota 56156, in said City at 11:00 AM, on Monday, May 19, 2003, for furnishing all work and materials for the Digester Cover Replacement Project, consisting of the following approximate quantities: oRemove existing 35’ steel digester cover oSupply and install new floating steel digester cover oDemolish existing digester waste gas pipe and install new pipe and safety equipment oSupply digester sludge heat exchanger (Alternate 1)Proposal forms, contract documents, drawings and specifications as prepared by Toltz, King, Duvall, Anderson and Associates, Inc., are on file for inspection in the office of the City Clerk and in the office of the Engineers, whose address is 1500 Piper Jaffray Plaza, 444 Cedar Street, Saint Paul, Minnesota 55101-2140, Phone 651/292-4400.Contractors desiring drawings, specifications and related documents for the purpose of submitting a bid may secure them from the Engineers upon deposit of Forty Dollars ($40.00) for each set. The deposit for one set of drawings and specifications will be refunded to each Contractor who submits a bona fide bid and returns the plans and specifications in good condition within 15 days after the date for the opening of bids. Ten Dollars ($10.00) will be refunded for deposits made to secure more than one set of documents, deposits made to secure documents for subcontractors and material suppliers and also to Contractors who failed to bid. To secure a refund all documents must be returned in good condition within 15 days after the day for the opening of bids.No bid will be considered unless it is securely sealed in an envelope and filed with the City Clerk prior to the time noted above for the closing of bids.All bids must be submitted upon the Bid Forms furnished with these Plans and Specifications, enclosed in an envelope bearing the name of the bidder, addressed to the City Clerk, City of Luverne, and endorsed thereon: Bid for Digester Cover Replacement Bids Close: 11:00 AM, May 19, 2003Each bid must be accompanied by a bid bond or cashier’s check payable to the City of Luverne in an amount not less than five percent (5%) of the total bid as a guarantee that the bidder, if successful, will enter into a contract with the Owner for the work described in the proposal. This deposit will be subject to forfeiture as provided by law. The deposits for the three lowest bidders will be retained by the Owner until the contract has been awarded and executed but not longer than forty-five (45) days. No bid may be withdrawn for a period of forty-five (45) days following the bid opening. The Owner reserves the right to reject any or all bids, to waive informalities or to award the contract to the lowest responsible bidder, in the best interest of the Owner.The City Council will consider award of the contract at the next regular City Council meeting which is to be held on Tuesday, May 27, 2003. A Pre-bid Meeting and plant tour have been scheduled for Tuesday, May 6, 2003, at 1:00 PM at the Wastewater Treatment Plant. For additional plant tours before or after the Pre-Bid Meeting, a special appointment is required based on availability of plant operation personnel.Jeffrey L. HaubrichInterim City Administrator(4-24)

NOTICE OF PUBLIC HEARINGNOTICE IS HEREBY GIVEN, that the Luverne City Council will hold a public hearing commencing at 5:00 P.M., Central Daylight Time, on Monday, April 28, 2003, in the City Council Chambers located on the second floor of City Hall, 203 East Main Street, Luverne, Minnesota, to consider adoption of an amended Business Subsidy Policy. 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 Interim 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(4-24)

NOTICE OF FORECLOSURE SALENOTICE IS HEREBY GIVEN that a default has occurred in the conditions of the following described mortgage:DATE OF MORTGAGE: August 1, 1987ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $15,441.80MORTGAGORS: Lynn Reu Remare, nka Lynn Reu WahlertMORTGAGEES: Gene Corbett and Landmark Realty, inc.DATE AND PLACE OF RECORDING: Filed for record on August 20, 1987 as Document No. 123005 with the Rock County Recorder’s OfficeLEGAL DESCRIPTION OF PROPERTY:A tract of land located in the Southeast Quarter (SE1/4) of Section Nine (9), Township One Hundred One (101) North, Range Forty-Five (45) West of the 5th P.M. described as follows: Commencing at the Southeast corner of said Southeast Quarter (SE1/4) thence going in a North direction on the East side of said Southeast Quarter (SE1/4) 1320 feet to the point of beginning; thence going in a North direction 412 feet on the East side of said Southeast Quarter (SE1/4), thence going in a West direction 610 feet parallel to the South side of said Southeast Quarter (SE1/4); thence going in a South direction 412 feet parallel to the East side of said Southeast Quarter (SE1/4), thence going in an East direction 610 feet to the point of beginning, subject to easements, if any.AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $15,441.80THAT prior to the commencing of this mortgage foreclosure proceeding Mortgagee complied with all notice requirements as required by statute;THAT no action or proceeding at law is now pending to recover the debt secured by said mortgage, or any part thereof;PURSUANT to the power of sale in the mortgage, the above described property will be sold by the Sheriff of Rock County as follows:DATE AND TIME OF SALE: June 6, 2003 at 10:15 A.M.PLACE OF SALE: The west front steps of the Rock County Law Enforcement Center, located at 213 East Luverne Street, Luverne, Minnesota, to pay the debt secured by said Mortgage and taxes, if any, on said premises and the costs and disbursements, including attorney fees allowed by law subject to redemption within six (6) months from the date of said sale by the Mortgagors, their personal representatives or assigns. Dated: April 21, 2003 Gene Corbett and Landmark Realty, Inc./s/ Jeffrey L. HaubrichBy: Jeffrey L. HaubrichAttorney in fact for MortgageesAttorneys for MortgageesSkewes, Klosterbuer and VajgrtP.O. Box 538Luverne, MN 5156-0538Telephone: 507-283-9111(4-24, 5-1, 5-8, 5-15, 5-22, 5-29)

Mortgage foreclosure sale set for June 6NOTICE OF FORECLOSURE SALENOTICE IS HEREBY GIVEN that a default has occurred in the conditions of the following described mortgage:DATE OF MORTGAGE: February 3, 1997ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $32,000.00MORTGAGORS: Roy A. Gardner & Rhonda A. FrancisMORTGAGEE: Minnwest Bank, Luverne, a Minnesota banking corporationDATE AND PLACE OF RECORDING: Filed for record on February 4, 1997 as Document No. 140365 with the Rock County Recorder’s OfficeLEGAL DESCRIPTION OF PROPERTY:The N.70 feet of the W 1/2 of Lot 8; the N.70 feet of the Lot 9 and the N.70 feet of the E.15 feet of lot 10, all in Block 13 in the original Plat of the Village (now City) of Luverne, Rock County, Minnesota.AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $29,445.94THAT prior to the commencing of this mortgage foreclosure proceeding Mortgagee complied with all notice requirements as required by statute: THAT no action or proceeding at law is now pending to recover the debt secured by said mortgage, or any part thereof;PURSUANT to the power of sale in the mortgage, the above described property will be sold by the Sheriff of Rock County as follows:DATE AND TIME OF SALE: June 6, 2003 at 10:30 A.M.PLACE OF SALE: The west front steps of the Rock County Law Enforcement Center, located at 213 East Luverne Street, Luverne, Minnesota, to pay the debt secured by said Mortgage and taxes, if any, on said premises and the costs and disbursements, including attorney fees allowed by law subject to redemption within six (6) months from the date of said sale by the Mortgagors, their personal representatives or assigns. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED. Dated: April 21, 2003 Minnwest Bank Luverne/s/ Jeffrey L. HaubrichBy: Jeffrey L. HaubrichAttorney in fact for MortgageeAttorneys for MortgageeSkewes, Klosterbuer and VajgrtP.O. Box 538Luverne, MN 56156-0538Telephone: 507-283-9111(4-24, 5-1, 5-8, 5-15, 5-22, 5-29)

10 years ago (1993)"The Luverne City Council dealt with several growth issues at its meeting Monday. City boundaries are expanding to the south as well as to the north. The Council approved a resolution to support an annexation petition from property owners along U.S. 75 south of I-90."25 years ago (1978)"The Luverne City Council is studying a plan that would spread adjusted residential and commercial electric rate increases over a two year period.… All council members, however, have stated concern that the change to the adjusted schedule includes overall increases as high as 323 percent." 50 years ago (1953)"Oo-la-la … have we got a nifty looking courthouse now… The staid old place, which hasn’t been painted since 1928, is blossoming out in a riot of colors which have transformed the interior of the building into a permanent ‘breath of spring.’ Yes sir, old timers won’t recognize the place anymore."75 years ago (1928)"Just to let this generation know what is meant by a dirt or sod fence, the writer interviewed Lars Kolsrud Sr., one of our pioneer settlers, who did much of this work in the early days. It was well-neigh impossible to get posts in those days, except through long hauls, and then another thing, money didn’t happen to be very plentiful. "Therefore, if a farmer wanted a fence he had to ‘manufacture’ it right on the farm, and this is how they went about it: They dug a ditch about five feet wide and about three feet deep, with the ditch slanting toward the bottom." 100 years ago (1903)"Mr. Follett of Rock Rapids was in town Thursday looking up the cement sidewalk situation. Mr. Follett was the first to enter the business of manufacturing cement walks in Rock Rapids and some of his work done eight years ago is said to be as good as new."

April is national Alcohol Awareness Month and the focus is on underage drinking. Alcohol is the drug most frequently used by high school seniors, and its use is increasing. Boys usually try alcohol for the first time at just 11 years old, while the average age for American girls’ first drink is 13. Underage drinking is a factor in nearly half of all teen automobile crashes and contributes to youth suicides, homicides and fatal injuries. Additionally, alcohol abuse is linked to as many as two-thirds of all sexual assault and date rapes of teens and college students and is a major factor in unprotected sex among youth, increasing their risk of contracting HIV or other transmitted diseases. While the issue of underage drinking is a complex problem, one that can only be solved through a sustained and cooperative effort between parents, schools, community leaders and the children themselves, there are three areas which have proven to be effective in prevention of underage drinking: curtailing the availability of alcohol, consistent enforcement of existing laws and regulations, and changing cultural misconceptions and behaviors through education. Let’s all wake up to this program and get started on the solution. We can’t afford to wait any longer. Wes Van EssenNew Life Treatment CenterWoodstock

Times are changing and it seems that people are also. A few years ago people received rebates. The more you paid in the more you got back. A lot of people said it was their money to start with and they deserved it. Those were the fat years. Now the lean years are upon us. Those that have good incomes can take care of themselves. Those that are less fortunate will be left a little further behind. Those people that fall between the cracks are the poor, disabled and handicapped. These people are the ones that have a difficult time to speak for themselves.In last week’s Star Herald we were given a very good example of this very thing happening concerning the Rock County DAC. The words vulnerable and poor were mentioned in that article. Should the people in our county and community stand up and fight? I would hope so. Let us not be the county that lets these people down. I am proud to be a part of this county as many of our business places can and do help these people with jobs. These people work hard and most with smiles on their faces. They, too, are proud of themselves and our community who helped them get the jobs they have. Let’s not let anyone take that away from them. Let your voices be heard both locally and in St. Paul. My Friend, who lived on this earth 2,000 years ago, spent a lot of time helping and caring for these special people. He is watching me and you to see if we are following his example. Andy SteensmaLuverne

I see by the paper that Rep. Doug Magnus is troubled that area members of the Democratic Farmer Labor bunch have accused him of violating allowable campaign practices. The DFL’ers pointed out that Mr. Magnus made a campaign mailing that did not identify the author of the mailed material. The charge has the potential for a $1,000 fine, and other penalties. The representative went on to say that he admits the error, and explains it was a single mailing and the matter was an oversight and pretty small potatoes as elections go. He brushes off the charges as simply political in nature. Magnus’ explanation deserves to be heard, and, while his accounting for the incident is believable his conclusion is everlastingly wrong. As the author of the mailing, Magnus is responsible for observance of the rules governing campaigning in Minnesota, and how is one mailing different from two, three or even four.The candidate’s clarifications are factual, and easily understood for that matter. What is missing appears to be a basic appreciation for the requirements of the democratic process. There is no recognition that politics is nothing more than government, and elections are a vital part of government. Mr. Magnus should be satisfied that the accusation is "political" in nature because it would be personal if it were not. The individuals who brought the charges have only acted on a matter based in law. Due to the serious nature of elections it is fair to say they performed as responsible and dedicated members of a loyal opposition. Election complainants have a place in the workings of government, and the complaints performed it properly in this instance. There is no need to wear a long face over this, Mr. Magnus. The complaint has received wide media coverage in the four counties comprising District 22. In each instance they have spelled your name right and reassured the public that the matter is minor in nature. No potential fine would cover this amount of publicity. Surely this isn’t Mr. Magnus’ first exposure to the two party system is it?Dennis LoosePipestone