Mixer Installation project bids set for June 7
ADVERTISEMENT FOR BIDS
Notice 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 1:00 PM, on Wednesday, June 7, 2002, for furnishing all work and materials for the Mixer Installation Project, consisting of the following approximate quantities:

External Draft Tube Mixer 1 LS

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.

Contractors desiring drawings, specifications and related documents for the purpose of submitting a bid may secure them from the Engineers upon deposit of Thirty-Five Dollars ($35.00) for each set. The deposit for one set of drawings 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 fail to bid. To secure a refund all documents must be returned in good condition within 15 days after the day for the opening of bid.

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.

Each 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 sixty (60) days. No bid may be withdrawn for a period of sixty (60) days following the bid opening.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 contracts at a regular meeting to be held at June 11, 2002.

Matthew Hylen
City Administrator
(5-16, 5-23, 5-30)

Title XX Block
Grant Funds
Public Notice
The Rock County Family Service Agency has developed a biennial Community Social Services Plan for 2002-2003 that included the intended use of Federal Title XX Block Grant Funds.

Federal law requires that the intended use of Title XX funds be reviewed each year and that the public be given an opportunity for comment. No substantial changes in the activities assisted by the Title XX Block Grant are proposed for 2002-2003 from those previously approved in the Rock County 2002-2003 Community Social Services Plan. The review and comment period ends July 31, 2002.

Questions and comments concerning the intended use of Title XX Block Grant Funds must be submitted in writing to:

Randy Ehlers, Director
Rock County Family Service Agency
Box 715
2 Roundwind Road
Luverne, MN 56156
Copies of Minnesota's 2003 Title XX Intended Use Report will be available after October 1, 2002 by writing to:

Title XX Report
Minnesota Department of Human Services
ChildrenÕs Services
444 Lafayette Road North
St. Paul, MN 55155-3830
(5-30)

By Sara Strong
The Pool Commission Tuesday discussed the possibility of summer bringing new things for the Rock County Pool and Fitness Center.

Manager Carol Wessels presented membership and use numbers for the past two months. Despite the increased prices taking effect in the winter, between March and April, the Pool and Fitness Center gained memberships.

The facility still has about 80 fewer members now than at this time last year, but management and the Pool Commission hope that slow gains add up to the previous membership numbers.

The Commission also discussed the pool's new offering of summer memberships to offset decreased use the indoor facility usually sees during warm months.

Commission chair Paul Alink said, "Whoever's idea that was; it was excellent."

Visibility is increasing in other areas for the Pool and Fitness Center.

Recent advertising and donated passes and memberships for charitable events, like the Hospice Charity Auction, has kept the Pool and Fitness Center in the community's eyes. Business passes were also given away in the hopes of inducing memberships.

Registration for the Buffalo Days walks/runs starts at the Fitness Center this weekend, and it will be available for changing or showering after the events.

Senior citizens may be learning more about the center also. Senior Health and Fitness Day Wednesday offered seniors cookies, coffee and a carnation to visit the facility. It also had special training in aerobics, weight lifting and equipment instruction.

In other business the Commission:

Accepted the resignation of Pool Commission member Ed Bouwman, who is moving from Luverne and can no longer serve.
The county and city will agree on a new commissioner appointment.

Heard an update on the use of the "play time" child care for children of adults who want to use the facility. The weekday service got less use than what is necessary to keep it financially possible to offer, so it is ending Friday as was scheduled for the trial run.

The Pool and Fitness Center may try the play time again in the fall.

Voted to increase rates for swimming lessons from $20 to $22. The rates are increasing so a lifeguard not giving lessons can be on deck for an added safety precaution.

Agreed that the new fitness equipment and pool ramp have gotten favorable reviews from customers.

By Sara Strong
The airport expansion issue came to the Luverne City Council meeting Tuesday, but council members took no action.

Engineers from Bolton and Menk, Burnsville and Mankato offices, met with residents of the proposed expansion area and answered questions.

Airport Board members were also there and Pat Baustian, chairman, spoke on their behalf.

"At our next board meeting we were going to suggest a study of different locations. I think we owe that answer to people who live in that area," Baustian told council members.

At the public meeting, citizens had shown most interest in a new airport being built three to five miles south of the current location.

A township road south of the airport is supposed to be closed, according to the state, because of its proximity to the current airport and closure would still be recommended if the current expansion plans go through.

A study to look into more options for the airport will take about three to four months and will involve consideration of wetlands, flood plain, highway access and proximity to other federal facilities according to Federal Aviation Administration guidelines.

Another piece of the airport puzzle is the funding. Federal money will pay for 90 percent of the approximately $2 million project and there's $450,000 in a separate fund that will expire in September 2003. Much of the $450,000 would go toward land acquisition.

The FAA has input in all parts of the project, no matter what the location.

Wind power option
The City Council approved a new renewable energy offering through Missouri River Energy Services. The state requires that utilities offer customers choices in their energy consumption.

Luverne customers will be able to purchase blocks of their power usage from wind turbines. There is an added monthly expense of $9 to cover the capital cost of building turbines.

Residential, commercial or governmental customers can use the option, but just offering it is all the city is obligated to do.
A similar program in Moorhead quickly sold out available electricity from wind power.

Acknowledgements
City intern and high school student Serena Franken presented some of her work to the City Council and was given a city pin for her efforts.

During her time with the city, she reformatted and updated the newcomers' packet for new city residents. She also compiled information on street assessing practices of other cities. That study illustrates whether cities charge residents partially, not at all or fully for street projects.

The Council also acknowledged Luverne High School seniors for their work during Senior Skip Day. The students painted and cleaned up various city properties in the morning Friday in order to earn their afternoon off from school.

By Sara Strong
The city of Luverne, Rock County and the Luverne school district are all defendants in a lawsuit filed in U.S. District Court of South Dakota by developer Donald Dunham Jr., Sioux Falls.

The suit involves the community daycare and related abatements that the three governmental units and Dunham agreed upon and later disputed over specifics.

The community daycare would have been located in the City Centre Apartments, Luverne, the former elementary school.
County Attorney Don Klosterbuer declined comment except to say he is working on a reply to the suit.

Dunham alleges in the lawsuit that defendants violated the agreement to abate his taxes in exchange for providing a rent-free community daycare space.

Dunham is asking for judgement against the defendants because of a "wrongfully terminated" agreement.

He is also seeking reimbursement for real estate taxes paid and damages "well in excess of $75,000 for renovation, remodeling and improvement expenses, lost real estate tax abatements, expenses incurred for purposes of testing, inspection, planning and development and for costs of closing the purchase."

Although the property involved in this action is located in Minnesota, the abatement payments would have been made to Dunham in South Dakota, so the suit was filed there.

Five years ago …
Dunham purchased the City Centre Apartments in September of 1998. The building was no longer needed as the Luverne Elementary School because the school had recently constructed the new one.

In December 1998, the city, county and school agreed to an abatement agreement for the property in exchange for Dunham providing community daycare space.

The agreement said in part "… renovation shall provide sufficient space and facilities, constructed in accordance with applicable codes, for a day care facility, including infant care, of not less than 50 children. Further, that during the term of the abatement, the said day care space shall be made available to a licensed day care operator without rental charges ..."

Rock County, the city of Luverne and the school all agreed to reimburse Dunham for his taxes paid from 2000 to 2009 because the community daycare was thought to be such an important issue for the area.

Dunham wasn't reimbursed for property taxes because the three government bodies disagreed with Dunham that he actually followed through with his portion of the agreement.

Dunham said he was providing the space for a day care as expected, but the city, county and school said he needed to provide a "finished" space, not just the square footage.

The suit was filed May 7.

By Sara Strong
County constituents will vote on four of five Commissioner districts this fall.

The process of redistricting in the county is complete as of Tuesday, and as a result, more commissioners are up for re-election.

Districts 2, 3, 4 and 5 will be on the ballots this year. Districts 3 and 5, which are now occupied by Ron Boyenga and Jane Wildung will be two year terms.

When looking at the redistricting options, the county commissioners had to keep in mind the population range set by state statutes (1,750 to 2,138) and precinct lines set by the city of Luverne and Luverne Township.

Following those lines, the county was able to set its own district lines with as little change from the current districts as possible.
Commissioners Wendell Erickson and Jane Wildung in Districts 2 and 5 would have had to run for re-election even without the changed boundaries.

With the City of Luverne making up about 47 percent of the county's population, the County Board will be as close to fair representation as the county and city could agree upon.

The County Board will be made up of two city representatives, two rural representatives and one that's almost split.

The districts of Erickson, Bob Jarchow and Hoime will stay the same.

Wildung, who now represents only city residents, will take on about 200 township residents. Boyenga will likely pick up 300 more city residents than before, meaning that his district is made up of about half city and half township residents.

Commissioner Districts and Populations

District 1 — pop. 1,928
Rose Dell Township
Jasper city (part in county)
Denver Township
Hardwick City
Battle Plain Township
Mound Township
Vienna Township
Kenneth City
Magnolia Township
Magnolia City

District 2 — pop. 1,923
Martin Township
Hills City
Beaver Creek Township
Beaver Creek City
Springwater Township

District 3 — pop. 2,142
Luverne City SW
Luverne City NW
Luverne Township (part 2)
Clinton Township
Steen City
Kanaranzi Township

District 4 — pop. 2,142
Luverne City NE

District 5 — pop. 1,944
Luverne City SE
Luverne Township (part 1)

The commissioners who currently represent these districts are District 1, Kenneth Hoime; District 2, Wendell Erickson; District 3, Ron Boyenga; District 4, Bob Jarchow, and District 5, Jane Wildung. Every district but No. 1 requires an election this fall because of either term limits or new district boundaries.

By Lori Ehde
The St. Paul Winter Carnival crew will join the line-up of entries in the 2002 version of the Buffalo Days Parade and weekend celebrations.

The Fire King Vulcanus Rex and his Krewe of 40 will parade down Main Street Saturday in their 1932 Luverne Fire Engine.

Part of the reason for their visit is to promote the St. Paul Winter Carnival, but it’s also the 70th anniversary of the fire engine that is a symbol of Vulcanus Rex and his Krewe.

The St. Paul group will visit the Minnesota Veterans Home and Mary Jane Brown Good Samaritan Center after the Parade. It will also form a team in the World Famous Buffalo Chip Throwing Contest at the City Park, beginning at 2 p.m.

Luverne’s annual Buffalo Days celebration officially begins Friday with a 6:30 p.m. Cruise In at the Magnolia Steak House with 50s and 60s music by Larry Goebel.

Also beginning at 6:30 p.m. Friday is the 5K and 10K run and walk sponsored by the Luverne Community Hospital. The family version of the event starts at 6:30, the 12 and younger half-mile race starts at 7 p.m., and the 5 and 10K walk and run begins at 7:15 p.m. Registration for all events is at the Rock County Community Pool and Fitness Center.

Saturday kicks off with a Buffalo Bike and Run starting at 8 a.m. at the Pool and Fitness Center. One-, two- or three-person teams will bike eight miles, participate in a four-mile trail run and complete a two- and one-half-mile road run ending at the pool.
The Red Cross will serve Belgian waffles at the American Legion downtown from 7:30 to 10:30 a.m.

The parade route will start at the fairgrounds at 10 a.m. and turn from Freeman east down Main Street and then north on Oakley to Lincoln Street.

Arts in the Park, featuring 150 booths by vendors from seven states will be from 10 a.m. to 5 p.m. in the Luverne City Park.
The Luverne Elementary School choir will start the afternoon entertainment with the "Buffalo Days" song written by Emily Lodine Overgaard. Other entertainment includes shows by the "Zoo Man" and a presentation by the Spotlight Dancers.
A musical group from Central and South America will offer music throughout the day near the shelterhouse.

Herman Motor will again sponsor the auto show, and other usual popular attractions will include the Tae Kwon Do demonstrations, kid's tractor pull and, of course, the Buffalo Chip Throwing Contest at 2 p.m.

On Sunday, the Luverne Chamber of Commerce will serve more than 1,300 free buffalo burgers at the Blue Mounds State Park starting at 11:30 a.m.

Also on Sunday, the Luverne airport will host the Skydive Adventure demonstration throughout the day.

Buffalo Days visitors can stop at local historical attractions throughout the weekend. The Hinkly House and Holy Trinity Church will be open from 2 to 4 p.m. Saturday and Sunday. The Carnegie Cultural Center will be open from 10 a.m. to 4 p.m. Saturday, and from 1 to 4 p.m. Sunday.

By John Rittenhouse
The Hills Thunder opened the 2002 amateur baseball season by playing two games at different sites Sunday.

Hills hosted Luverne for the opener Sunday afternoon and dropped a 12-0 decision to the Redbirds. The Thunder then traveled to Pipestone for an evening game against the A's, who saddled Hills with a 5-1 setback.

Hills was unable to generate much offense during the opener against Luverne.

Luverne limited the Thunder to one hit in the game. Eric Harnack doubled in the first inning.

The Redbirds scored single runs in the first and fourth innings, they plated seven runs in the third and added three more in the fifth to win by the 10-run rule after five innings of play.

Derek Sammons started the game on the mound and took the loss. He allowed 10 hits in two and two-third innings. Jarud Lang pitched two and one-third innings of one-hit relief.

The nightcap in Pipestone was more competitive.

Pipestone led 1-0 after two innings of play, but Hills tied the game when Wade Jellema singled and scored on Harnack's sacrifice fly in the top of the third.

The A's went on to score two runs in the bottom of the third before plating single runs in the fifth and eighth innings to prevail by four.

Chad Rauk worked the first seven innings on the mound and took the loss. He allowed one earned run, four hits and three walks while fanning seven batters. Lange pitched one inning of scoreless ball.

Scott Harnack and Jellema had two hits each to lead the 0-2 Thunder, who host the A's at 2 p.m. Sunday.

By Jolene Farley
Tuff Village in Hills is caught in tax limbo while the Minnesota Department of Revenue determines if the facility is property tax-exempt or not.

The Tuff Village submitted an application for a property tax exemption in February 2001 on the basis that Tuff Village is a "purely public charity", according to guidelines established by the Minnesota Department of Revenue.

"They (Dept. of Revenue) haven't made a final determination yet," said Bonnie Hengeveld, Tuff Village Administrator. "We knew we would have to apply for tax exemption. WeÕre just getting them the information they ask for. The determination is then made with the state and county."

If the Tuff Village is found to be a taxable entity, it will be taxed at 1.8 percent of the valuation of the property, according to Hengeveld.

The facility was taken off the tax rolls last year because the Department of Revenue had not determined the status of the facility, according to Rock County Assessor Tom Houselog.

Assisted living facilities are a relatively new development in senior care options in the state and Minnesota tax laws haven't kept pace addressing the tax status of the increasing number of these facilities.

Conflicting rulings have been issued on different assisted living facilities in Minnesota, according to Rock County Assessor Tom Houselog.

Since Minnesota statutes do not specifically define what is or is not an institution of purely public charity, guidelines for assessors in this area comes from the 1975 Supreme Court Decision, North Star Research Institute vs. County of Hennepin.

Hengeveld laments the fact that the determinations are made from a ruling made in 1975. ÔThe whole senior world has changed since 1975," she said.

"You could have apple-to-apple set-ups; one could be determined tax exempt, the other could be taxable," said Hengeveld.

The Minnesota State Legislature has yet to clarify the guidelines used by assessors to determine the tax status of these facilities.

"It all comes down to interpretation," Hengeveld said. "I think that is where you see the lack of uniformity."

The Department of Revenue didn't respond to the Tuff Village application until March of 2002. This is unusual, according to Houselog. He attributes the delay to the 2001 state government strike and the fact some paperwork was misplaced in the Department of Revenue office.

"It took almost a year the first time (to hear back), they did apologize," Hengeveld said.

If the Tuff Village is determined taxable, rent will increase for residents, according to Hengeveld. "We'd have to make some increases," she said. "It's not as much as we thought we'd have to do, but we'd have to make some increases."

The Tuff Village contracts with Rock County Family Services for financial assistance for residents. "No one is turned away here," said Hengeveld. "We're all looking at caring for the people in Rock County."

By Jolene Farley
Tuff Village in Hills is caught in tax limbo while the Minnesota Department of Revenue determines if the facility is property tax-exempt or not. Story inside.