Swenson probate
DISTRICT COURT
PROBATE DIVISION
FIFTH JUDICIAL DISTRICT
NOTICE AND ORDER OF HEARING ON PETITION FOR PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS
STATE OF MINNESOTA
COUNTY OF ROCK
ESTATE OF
DOUGLAS J. SWENSON
DECEDENT
It is Ordered and Notice is given that on Monday, May 6, 2002 at 9:00 (a.m.) a hearing will be held in this Court at Rock County Courthouse Luverne, Minnesota, for the formal probate of an instrument purporting to be the will of Decedent, dated September 14, 2000 and codicil (N/A) to the will dated N/A, and separate writing (N/A) under Minn. Stat. 524.2-513 ("Will"), and for the appointment of Vincent Swenson whose address is: RR 1, Box 77, Luverne, MN 56156 (2) Joyce Thode whose address is: 609 W. Main, Luverne, MN 56156 as personal representatives of the Estate of the Decedent in a SUPERVISED administration. Any objections to the petition must be filed with the Court prior to or raised at the hearing. If proper and if no objections are filed or raised, the personal representatives will be appointed with full power to administer the Estate, including the power to collect all assets, pay all legal debts, claims, taxes and expenses, to sell real and personal property, and do all necessary acts for the Estate.

Notice is also given that (subject to Minn. Stat. 524.3-801) all creditors having claims against the Estate are required to present the claims to the personal representatives or to the Court Administrator within four months after the date of this Notice or the claims will be barred.

/s/ TIMOTHY K. CONNELL
TIMOTHY K.CONNELL
Judge Date
/s/ SANDRA L. VRTACNIK
SANDRA L. VRTACNIK
Court Administrator Date
Attorney For Personal Representatives
BENJAMIN VANDER KOOI, JR.
VANDER KOOI LAW OFFICES, P.A.
127 E. Main
P.O. Box 746
Luverne, MN 56156-0746
607-283-9546
Attorney I.D. No. 112124
(4-18, 4-25)

ISD #2184 School Board meets March 14
MARCH 14, 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, March 14, 2002, at 7:30 p.m.

The following members were present: Colleen Deutsch, Dan Kopp, Cary Radisewitz, Bill Stegemann, Steve Tofteland, and Becky Walgrave. Absent: Don Bryan. Also present: Superintendent Vincent Schaefer, Marlene Mann, Gary Fisher, Jan Olson, Melody Tenhoff, Gordie Hansen, Mary Jacobson, Becky Runnoe, Tim Christensen, Tom Rops, Louise Thorson, Dale Nelson, Chris Nowatzki, and Wade Hiller.

The meeting was called to order by Vice-Chairman Dan Kopp. Motion by Radisewitz, second by Stegemann, to approve the agenda. Motion carried.

Wade Hiller, District Technology Coordinator, and Tim Christensen, Fourth Grade teacher, made a presentation to the School Board on how Mr. Christensen is using technology in his classroom.

Kara Johnston and Greg Antoine, representing the Staff Development Committee, reviewed the school calendar proposals for the 2002-03 school year. They are requesting three early release days to allow for collaboration among the staff.

Gordie Hansen, representing the Luverne Education Association, addressed the School Board.
Administrative reports were given.

Motion by Stegemann, second by Radisewitz, to approve the consent agenda which included the School Board minutes of February 28, 2002. Motion carried.

The Middle/High School HVAC Remodeling bids, which were received on March 13, were reviewed:
(Add) (Add) (Deduct) (Add)
ALT. 1 ALT. 2 ALT. 3 ALT. 4
BIDDERS BASE BID Wk Stat/Sftwr Warr/Maint Ag W.Wing Un Htrs Cor-WtRm
Midw. Mechanical $904,600. $7,400. $3,800. $7,500. $38,800.
Howe Htg/Plbg $806,800. $7,200. $3,700. $8,700. $31,000.
Motion by Walgrave, second by Deutsch, to reject all bids. Motion carried.

Marlene Mann presented information on the following projects that may be completed during the summer: replacement Ð Industrial Arts roof; hallway lighting & ceiling Ð 2nd floor; weight room; sidewalk on North side of building, blacktopping of the new bus garage lot; and MS/HS plumbing repairs.

Motion by Radisewitz, second by Walgrave, to approve the Final Seniority List and Probationary List for Certified staff. Motion carried.

Motion by Radisewitz, second by Tofteland, to accept the request by Council 65, AFSCME, AFL-CIO to negotiate the contracts for clerical, cooks, educational assistants and custodians. Motion carried.
Committee reports were given.

Motion by Walgrave, second by Deutsch, to adjourn the meeting. Motion carried.
Dated: March 14, 2002
Rebecca Walgrave, Clerk
(4-18)

Luverne junior left fielder Jesse Kuhlman (right) has a word with Cardinal coach Mike Wenninger during Tuesday's baseball game against Tracy-Milroy-Balaton at Redbird Field. The Cards erased a pair of deficits to win their home opener.

By John Rittenhouse
The Luverne baseball team broke into the win column for the first time during the second week of the 2002 season.

The Cardinals traveled to Pipestone for a Southwest Conference double-header Saturday. LHS posted a one-run win in the opener and was awarded a sweep of the twin bill when the second game was rained out.

Luverne opened the home portion of its schedule by nipping Tracy-Milroy-Balaton by one run Tuesday.

The 3-1 LHS team will play an SWC set in Jackson Saturday.

Luverne 5, T-M-B 4
The Cardinals came from behind twice to win their home opener against the Panthers Tuesday.

Luverne faced 2-0 and 3-2 deficits in the game before putting together a three-run sixth inning to help settle the issue.

T-M-B had moved in front 3-2 by scoring one run in the top of the sixth before the Cards scored three times in the bottom of the frame to take their first lead at 5-3.

Jake Studer walked to start the rally before Kyle Kreun delivered a two-run homer to left field. Luke Iveland was hit by a pitch, stole second and third and scored the third run of the inning when Eric Edstrom singled.

Edstrom, Luverne's starting and winning pitcher, recorded a pair of quick outs before being touched for a run in the top of the seventh. Iveland replaced Edstrom and fanned the last T-M-B batter to lock up a save.

T-M-B scored twice in the second inning.

Luverne tied the game at two in the fourth, when Aaron Schmidt singled and Studer walked. Both runners scored on T-M-B fielding errors.

Edstrom yielded seven hits and fanned seven batters during six and two-thirds innings of work on the mound.

Box score AB R H BI
Iveland 3 1 1 0
Edstrom 2 0 1 1
Sandbulte 4 0 2 0
Goebel 3 0 0 0
Schmidt 3 1 2 0
Studer 0 2 0 0
Kuhlman 2 0 0 0
Kreun 2 1 1 2
Crable 3 0 0 0

Luverne 5, P-J 4
The Cardinals posted their first win of the season when they traveled to Pipestone for an SWC double-header Saturday.

A late rally in the opener gave the Cards a one-run victory, and they were awarded a 1-0 win in the finale when rain and lightning forced cancellation of the contest before it started.

LHS needed a two-run rally in the seventh inning to win the opener.

P-J snapped a tie at three by scoring one run in the bottom of the sixth, but the Cards countered with a two-run top-of-the-seventh before blanking the Arrows in the bottom of the frame to steal the victory.

A double by Kyle Crable, a bunt single by Luke Iveland and Eric Edstrom being hit by a pitch loaded the bases for LHS in the seventh. Sacrifice flies by Tony Sandbulte and Aaron Schmidt produced the tying and winning runs.

Luverne opened a 2-0 lead in the top of the first when Schmidt walked and scored on a ground out by Kyle Kreun, and Jake Studer got hit by a pitch before scoring on a single by Crable.

P-J moved in front 3-2 in the second inning, but Iveland was hit by a pitch, stole second and knotted the score at three when Ryan Goebel slapped an RBI single.

Iveland fanned three batters without allowing a hit while pitching two innings of scoreless relief to pick up the pitching win for LHS. Kreun worked the first five innings of the game, allowing four hits, four walks and four runs while fanning two batters.

Box score AB R H BI
Iveland 3 2 1 0
Edstrom 3 0 0 0
Sandbulte 2 0 0 1
Goebel 3 0 1 1
Schmidt 1 1 0 1
Studer 2 1 0 0
Kuhlman 2 1 0 0
Kreun 3 0 1 1
Crable 3 1 2 1

By Sara Strong
Dick Asleson, a financial consultant for the city, reported on a tax increment financing review he completed for the city.

The purpose of the review during Tuesday's meeting of the Luverne Economic Development Authority wasn't to judge the validity of TIF projects but to report on the status of them.

"We didn't sit down and say ÔDid the council make the right decision in 1992?' I don't know," Asleson said.

With TIF, the city, county and school do not realize additional tax revenues from projects until development costs are paid off.

Asleson said that $4.1 million in capital improvement has been completed in Luverne since 1975, when the first TIF district was established.

The concept of TIF has been debated at all levels of government, and the state changes rules in the program in nearly every session.

Most recently, legislative decisions mean that Luverne is getting less of the TIF money from the projects than previously expected.

Until all the TIF districts are paid off, the city will get an estimated $440,000 less than first calculated, starting in 2003. That number, Asleson said, is a very high estimate and includes all the years the current TIFs will be in existence.

In 2002, the city will get about $47,000 less than expected.

The Agri-Energy and Jubilee Foods TIFs are paying as much as was budgeted for because their agreements included provisions to make up for any money lost to the state.

Even though the city will see less money from TIFs, the businesses will probably still pay out the same amount because of new business taxes.

Because of so many variables, like state grants that may make up for the lost revenue, the city is unsure how the budgets will be impacted in years to come.

By Sara Strong
Luverne Economic Development Authority discussed the possibility of adding another pocket park on the north edge of town Tuesday.

City statutes require another park a little more than two acres large in the Evergreen Addition. The city hasn't added pocket parks in every new addition as required by statute, so this park would be a sort of catch-up.

LEDA director Tony Chladek said he and Public Works Director Darrell Huiskes looked at plans to use the former Christensen home lot as a base for the park.

LEDA member Bob Latham said, "We have to have a pocket park; itÕs a matter of where we put it."

Nate Golla, LEDA member, said the convenience of the location might make it a good choice.

The countyÕs bike trail project begins this summer and would follow Blue Mound Avenue to Blue Mounds State Park. The proposed pocket park would also be along Blue Mound Avenue, utilizing the existing driveway to the Christensen home, which will be moved this spring.

A water fountain could also be available at the park if the city decides to take advantage of the existing hookups.

LEDA member Keith Erickson said, "It's an ideal place for a park; however, are those lots also ideal for housing?"

Not wanting to lose potential land sales, LEDA chairman Glen Gust wondered if a park in another part of the addition would be a better choice.

There are six lots in the area proposed for a park that would cost the city about $100,000 to get ready for sale. Considering that the city has about 90 more lots available, the cost may not be worth it for the city.

LEDA member Karis Gust said that lots further from Blue Mound Avenue have seen more sales, and a park might be a better option for the land next to Blue Mound Avenue.

More park options will be explored to find what location is ideal, and the LEDA will look at those during an upcoming meeting.

Exsito debt
The LEDA voted to stop efforts to collect money from Frank and Ruthann Patterson, former owners of Luverne Foods, which made Exsito tomato products.

They owe about $50,000 to the city from a loan and guarantee to a local lender. Ruthann and Frank have both individually filed for bankruptcy, so the likelihood of collecting the debt is small. Also, the city would have to spend more money on legal fees to keep the process going.

The Pattersons left town late in 2000.

The money directly owed to the city does not count the building, land and updates worth $215,000 the city completed in order for the Pattersons to operate in Luverne.

On a bright note, Erickson pointed out that the property can be sold to another business and that the city owns the recipes if they can be used in the future.

The food processing equipment in the building will be sold at auction or to other manufacturers.

By Sara Strong
The Minnesota Pollution Control Agency is giving the city and county a chance to clean up old dumps.

The county's landfill is being recapped this summer, and as the MPCA has it open, the city and county can deposit old landfill material in the countyÕs current transfer station without tipping fees.

The county and city of Luverne both discussed the option at their meetings Tuesday.

The city is considering taking the opportunity to clean up the dump at the end of town, east of the intersection of Phyleon Drive and East Dodge Street.

The council gave staff direction to look into ways to pay for their share of the project and to talk with residents near the affected area.

Under the MPCA's offer the city's cost would be limited to getting the old garbage to the county landfill. It would save money by avoiding tipping fees at this time but would still spend about $150,000 just getting the waste to the landfill.

The cost estimate is very rough at this time because the concept was just brought up.

Councilman Keith Erickson said the timing might be right. "I can see why it'd be smart if we have the opportunity to clean it up, because if there's stuff under there, weÕll fix it now instead of 20 or 30 years out."

Council member Jim Kirchhofer said that cleaning up the abandoned pit now might avoid being forced to clean it up later at a higher cost. And considering the location of the pit near the city's well field, replacing those due to pollution would be an extraordinary cost.

City Administrator Matt Hylen said, "Can we say in my lifetime something will be found in our water supply? I hypothesize that the answer could be yes."

The MPCA is allowing 40,000 cubic yards of waste, which would take up to 1,500 semi trailer loads to fill.

The city is considering studying the volume and contents of the pit even if it doesn't take the MPCA's offer to dispose of them.

On the county side, the Rock County Board of Commissioners owns what is known as Kapperman Pit, behind Rock County Co-Op Oil and off Hatting Street, because it is tax-forfeited property.

At the County Board meeting no action was taken, which essentially stops the issue from continuing.

The county would save money by avoiding tipping fees at this time but would still spend about $150,000 just getting the waste to the landfill.

If Kapperman Pit were opened, materials would have to be disposed of properly and, in the process, if more pollutants were found, the county would have to spend money to get rid of those.

To most people's knowledge, the old Kapperman landfill contains mostly demolition material. Previous tests haven't shown high levels of pollutants.

By Lori Ehde
After nearly a year of negotiating, Luverne School District and the teachers union have reached agreement on a contract that should have been in effect at the start of the school year.

During a special noon meeting Tuesday, Luverne School Board members ratified the master contract between the district and the Luverne Education Association effective July 1, 2001 through June 30, 2003.

The two-year contract includes salary and benefit improvements that represent a total increase of 9.96 percent over the last contract.

As part of the agreement, starting pay for teachers increased from $25,844 to $28,643, bringing Luverne in line with the state average starting pay of $27,000.

"This makes it more attractive for hiring new staff," Superintendent Vince Schaefer said Tuesday.

According to the agreement, a change in the pay schedule in Luverne will also make it more attractive for teachers to stay long-term.

There are currently 19 step increases to reach the top of the scale, but the new agreement condenses those steps to 17.

Essentially this allows teachers to reach top pay more quickly, increasing their lifetime earnings.

LEA negotiator Doug Dooyema said the new contract is good for Luverne teachers, but he said it’s important to keep the numbers in perspective.

"Now we’re still just average," he said. "For us, the contract is good, but to attract teachers from other parts of the state, we’re still just average."

Overall, both parties are satisfied with the agreement and agree it’s good to have the contract settled.

During the last round of negotiations, Luverne teachers had requested a 12.16-percent total package increase, and the district was offering 9.75.

"The result is not totally what we wanted," Dooyema said, "but it's OK."

As part of Luverne’s new contract, teachers will have one additional Association leave day for a total of six days.

Compensation for curriculum and staff development increased from $17 per hour to $20.

The district's insurance contribution won’t change for the first year of the contract, 2001-2002. It contributes $1,862 for single and $5,286 for family. For 2002-03, the district’s insurance contribution increases to $2,106 for single and $6,100 for family.

Teachers will have one additional personal leave day for a total of three. The first and second personal day, teachers pay half of the substitute teacher pay and the day is deducted from sick leave. The third day is deducted from sick leave and the teacher pays full substitute pay.

In addition, the new contract changes severance language to exclude the word "continuous" from the statement that teachers are eligible at age 55 with 20 years of (continuous) full-time service.

Lack of deadline lengthens negotiations
Contracts are typically signed in the fall, after the legislative session is complete and after school districts know how much state funding they'll receive.

Nearly all Minnesota contracts are usually settled by year end because of a Jan. 15 deadline that if violated causes districts to lose $25 per student in state aid.

This year, with the legislative wrap-up months overdue, contract negotiations were delayed and the state approved a one-time waiver of the deadline.

Consequently Luverne joins three quarters of the districts statewide reaching a settlement on teacher contracts late into spring.

Structural balance
At that same meeting Tuesday, School Board members approved a resolution for Structural Balance, as required by the Minnesota Department of Children Families and Learning.

By law, districts must submit structurally balanced budgets to the CFL to assure the public that "expenditures will not exceed available funds as a consequence of approving a collective bargaining agreement."

Highlights of the worksheet presented to the board show the settlement will not break the district. It shows a current fund balance in the general fund of $2.4 million.

Accounting for increasing expenses and decreasing revenues in the next three years, however, that balance is predicted to dwindle to $1.3 million by 2004.

That amount includes the $800,000 set aside for technology - money that was to remain untouched and generate interest to be spent on technology.

Salaries, which are paid from the general fund, account for nearly half of the general fund expenditures - roughly $5 million by 2003. That’s figuring 99.56 full-time equivalent staff members.

Luverne's Structural Balance worksheet can be viewed on the CFL Web site at www.educ.state.mn.us.

Arbitration ruling
As a side note to the contract, an arbitrator recently ruled on the side of the district in a grievance filed by teachers as a sideline to negotiations.

Operating without a contract for much of the 2001-02 year, teachers asked for their step increases prior to the contract being settled.

Step increases for all positions total roughly $85,000 for a year, and teachers wanted access to the money they said was rightfully theirs.

The district maintained those increases would be paid out retroactively once the contract was settled.

The arbitrator, an objective representative from the Minnesota Bureau of Mediation Services, heard both sides during a March 5 four-hour hearing.

That ruling came down on the side of the district, and step increases will be paid retroactively to July 1, 2001.

Congregate living is for seniors who can live independently but need help with some home care needs. For example, The Oaks provides one meal per day and housekeeping services.

Housing licensed under the assisted living umbrella provides more services for more dependent residents. For example, three meals a day are standard, and more health and home care services are provided.

By Lori Ehde
Fund-raising efforts are in full swing for assisted living apartments to be built in Luverne.

To meet demonstrated demand, a 24-unit assisted living facility will be built adjacent to The Oaks on property to the north of the existing apartments.

The soonest assisted living will be available in Luverne is next summer, and that's only if funding is secured.

The project is estimated to cost $3.2 million, and 75 percent of the $850,000 in equity needs to be secured before work can begin.

Studer said $500,000 has already been saved for the project, and she applied for a $250,000 Community Services grant through the Minnesota Department of Health.

Assuming the grant eventually is approved, Mary Jane Brown will still need to raise $100,000 in donations - at least that much.

"The more we can offer in equity, the lower our interest rates will be and the less rent we'll have to charge," Studer said.

She's hoping to have all funding secured by May 1 so that groundbreaking can begin July 1. The building wouldn't be ready for occupancy until the following year.

"The longer it takes us to raise funds, the longer it will take to build," Linda Studer said during a public information meeting in February. "It's an awesome task to fund-raise these kinds of dollars."

Studer is administrator of Good Samaritan Communities of Luverne and oversaw The Oaks project, which was completed four years ago.

She said Mary Jane Brown is a non-profit organization, so all donations are tax-deductible.

She said Good Samaritan Society, through resource development consultants, can offer creative options for tax-free donations.

For example, donors can consider rolling over stock options, and one local resident gave property that Mary Jane Brown was able to sell for cash.

"If one family is able to donate $250,000, we'll give them the option of having the facility named after them," Studer said.

Details and amenities
The single-story building will be connected to The Oaks through a walkway attached to The Oaks north-side patio.

The two buildings will not be joined as one, but tenants will be able to share spaces like the exercise and therapy area.

The building will be staffed with trained home-health aides 24 hours a day, and a registered nurse will be on site 20 hours a week and on call 24 hours a day.

The facility will have a full kitchen so independent meals can be prepared on site, but some meals will be brought in from the Mary Jane Brown kitchen.

The facility will offer 20 one-bedroom units and four two-bedroom units.

Rental costs, based on an average service package, are estimated to range from $1,700 to $2,200 per month. The more health and housekeeping services a resident needs, the higher the rent he or she will pay.

Good Samaritan Communities of Luverne is working with Rock County Family Services to utilize alternative care grants and elderly waivers in order to make the units more affordable to a wider range of people.

Luverne's project is modeled very closely after the one that recently opened in Windom. Tours of those apartments are every Tuesday, and Studer said she welcomes interested community members to ride along.

Call The Oaks at 283-1996 to reserve a seat in a van to Windom or for more information on Luverne's assisted living plans. Rhona Snyder, The Oaks housing manager, is already taking names for the assisted living waiting list.

Jane Cote's second-grade class is the Luverne Elementary featured Class of the Week. Pictured are (front row, from left) Abigail Pierce, Matthew Oehlerts, Rachel Helle, Mackenzi Zwaan, Kody Doerr, Nick Rittenhouse, Jessica Fick, (second row), Sabrinna Brown, Nathan Thompson, Ariel Reker, Hayden Bauman, Lauren Christensen, Christopher Biber, Melanie Van Meeteren, Jeremiah Voetberg, Kristen Scheidt, (third row) Taylor Wollman, Tena Meinerts, Austin VanSanten, Erin Doherty, Devin Heitkamp, Emily Spreiter, Brandon VanderZiel, Tiffany Schley (back row) Mrs. Cami McAndrews, Mrs. Judy Thies and Mrs. Cote.

Mrs. Cote's second-graders have been working on many things. They are learning all about numbers by counting pockets and working with the 100s chart, reading books like crazy to earn certificates for Accelerated Reading, and singing each and every morning while Mrs. Cote plays her guitar.

Photo by Lori Ehde

Fund-raising efforts are still underway for the assisted living facility to be built adjacent to The Oaks congregate care apartments in Luverne. To meet demonstrated demand in Luverne, a 24-unit assisted living facility will be built adjacent to The Oaks on property to the north of the existing apartments. This photo is taken from the northern edge of the property facing south. Story inside.

Photo by Lori Ehde