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St. James Plaindealer - St. James, MN
  • Legal notices for July 12, 2012

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  • RESOLUTION 07-12-01
    RESOLUTION AMENDING JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE TOWN OF ST. JAMES AND THE CITY OF ST. JAMES, PURSUANT TO MINNESOTA STATUTES SECTION 414.0325, SUBD. 1
    WHEREAS, the Town of St. James along with the City of St. James, Minnesota, entered into a joint resolution of orderly annexation on August 15, 1989; and
    WHEREAS, the City of St. James has received a Petition from the landowner of the herein described property more specifically described in Exhibit “A” attached hereto and incorporated herein by reference, requesting that the City of St. James annex said property, in that the property is about to become urban in character, the City of St. James is desirous of annexing said property, it being located within the orderly annexation areas described in said Resolution.
    NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JAMES AND THE TOWN BOARD OF ST. JAMES that they hereby jointly agree that the joint resolution between the town of St. James and the City of St. James designated an area for annexation dated August 15, 1989, be amended to include the following:
    Both the Town of St. James and the City of St. James agree that no alteration of the stated boundaries of this agreement is appropriate. Furthermore, both parties agree that no consideration by the Board is necessary. Upon receipt of this resolution, the Office of Strategic and Long Range Planning may review and comment, but shall, within thirty (30) days, order the annexation to the City of St. James with the following described property in accordance with the terms of the joint resolution. (See attached Exhibit “A” at City Hall.)
    Adopted by the City of St. James, Minnesota, this 3rd day of July, 2012.
    City of St. James
    /s/ Gary L. Sturm, Mayor
    Attest:
    LeeAnn M. Nibbe, City Clerk
    Adopted by the Township Board of St. James, Minnesota, this 12th day of June 2012.
    TOWN BOARD
    /s/ Paul Jacoby, Chairman
    ATTEST:
    Dennis Sturm, Clerk
    Published in the St. James Plaindealer July 12, 2012.
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    NOTICE OF FILING DATES FOR
    ELECTION TO THE SCHOOL BOARD
    INDEPENDENT SCHOOL DISTRICT NO. 836
    BUTTERFIELD-ODIN PUBLIC SCHOOL
    STATE OF MINNESOTA
    NOTICE IS HEREBY GIVEN that the period for filing affidavits of candidacy for the office of school board member of Independent School District No. 836 shall begin on July 31st, 2012, and shall close at 5:00 o’clock p.m. on August 14th, 2012.
    The general election shall be held on Tuesday, November 6th, 2012. At that election four (4) members will be elected for four (4) years each.
    Affidavits of Candidacy are available from the election clerk at the Butterfield-Odin Public School, 440 Hubbard Ave., Butterfield MN. The filing fee for this office is $2.  
    Page 2 of 9 - A candidate for this office must be an eligible voter, must be 21 years of age or more on assuming office, must have been a resident of the school district from which the candidate seeks election for thirty (30) days before the general election, and must have no other affidavit on file for any other office at the same general election.
    The affidavits of candidacy must be filed in the office of the election clerk, and the filing fee paid prior to 5:00 o’clock p.m. on August 14th, 2012.
    Dated: July 2, 2012
        
    BY ORDER OF THE SCHOOL BOARD
    Published in the St. James Plaindealer July 12 and 19, 2012.
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    NOTICE OF FILING DATES FOR
    ELECTION TO THE SCHOOL BOARD
    INDEPENDENT SCHOOL DISTRICT NO. 836
    BUTTERFIELD-ODIN PUBLIC SCHOOL
    STATE OF MINNESOTA
    NOTICE IS HEREBY GIVEN that the period for filing affidavits of candidacy for the office of school board member of Independent School District No. 836 shall begin on July 31st, 2012, and shall close at 5:00 o’clock p.m. on August 14th, 2012.
    The general election shall be held on Tuesday, November 6th, 2012. At that election four (4) members will be elected for four (4) years each.
    Affidavits of Candidacy are available from the election clerk at the Butterfield-Odin Public School, 440 Hubbard Ave., Butterfield MN. The filing fee for this office is $2.  
    A candidate for this office must be an eligible voter, must be 21 years of age or more on assuming office, must have been a resident of the school district from which the candidate seeks election for thirty (30) days before the general election, and must have no other affidavit on file for any other office at the same general election.
    The affidavits of candidacy must be filed in the office of the election clerk, and the filing fee paid prior to 5:00 o’clock p.m. on August 14th, 2012.
    Dated: July 2, 2012
        
    BY ORDER OF THE SCHOOL BOARD
    Published in the St. James Plaindealer July 12 and 19, 2012.
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    NOTICE OF FILING FOR TOWNSHIP OFFICE
    The following is the notice of township offices that will be voted for at the state general election to be held on Tuesday, November 6, 2012.  The filing period for Township Supervisor, Township Clerk or Township Clerk/Treasurer begins at 8:00 a.m., Tuesday, July 31, 2012 and ends at 5:00 p.m., Tuesday, August 14, 2012.  The place for filing is with the Watonwan County Auditor, 710 2nd Ave S., Courthouse, St. James, MN. 56081.
    Candidates may file in person or by mail. Candidates who will be absent from the state during the filing period may arrange to file, in person, prior to departure.
    ONE (1) TOWNSHIP SUPERVISOR
    Adrian, Butterfield, Long Lake, Odin,
    Riverdale Rosendale, St. James and South Branch
    Page 3 of 9 - TOWNSHIP CLERK
    Adrian, Long Lake, Odin, Riverdale and St. James
    TOWNSHIP CLERK/TREASURER
    Butterfield
    Arlo Feder, Secretary
    Watonwan County Association of Townships
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    RESOLUTION 07-12-03
    RESOLUTION DECLARING
    ABANDONED AND
    SURPLUS PROPERTY
    AND ORDERING SALE
    NOW, THEREFORE, BE IT RESOLVED By the City Council of St. James, Minnesota that:
    1. The property list below has been declared as surplus property:
                    
    7 – HT 1250 Motorola Radios
     3 – HT 750 Motorola Radios
     2 – PR 400 Motorola Radios
     6 – Old Motorola Radios
    2. The City Clerk is hereby directed to publish notice thereof; and
    3. The City of St. James is hereby authorized to conduct a public sale for the disposal of said abandoned and/or surplus property.
    Adopted by the City Council this 3rd day of July, 2012.
    Gary L. Sturm, Mayor
    Attest:
    LeeAnn M. Nibbe, City Clerk
    Published in the St. James Plaindealer July 12, 2012.
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    NOTICE OF FILING
    AFFIDAVIT OF
    CANDIDACY
    CITY OF ST. JAMES
    MINNESOTA
    TO ALL QUALIFIED VOTERS OF THE CITY OF ST. JAMES, WATONWAN COUNTY, MINNESOTA:
    NOTICE IS HEREBY GIVEN, that filings for the following offices:
    MAYOR: TERM OF TWO (2) YEARS
    COUNCIL PERSON
    FIRST WARD
    TERM OF FOUR (4) YEARS
    COUNCIL PERSON,
    SECOND WARD
    TERM OF FOUR (4) YEARS
    will open July 31, 2012, and close August 14, 2012, at 5:00 p.m.
    Each candidate must file an affidavit of candidacy and pay a filing fee of $5.00 with the City Clerk at City Hall, 124 Armstrong Blvd. South during regular business hours, Monday through Thursday from 8:00 a.m. to 5:00 p.m. and on Friday from 8:00 a.m. to 4:00 p.m., to allow candidate’s name to be placed on the ballot of the Municipal Election.
    LeeAnn Nibbe
    City Clerk-Treasurer
    Published in the St. James Plaindealer July 12 and 19, 2012.
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    NOTICE OF PUBLIC HEARING
    ST.  JAMES PLANNING COMMISSION
    NOTICE IS HEREBY GIVEN, that the St. James Planning Commission will meet on Tuesday, July 24, 2012, at 5:30 p.m. at St. James City Hall located at 124 Armstrong Boulevard South, St. James, Minnesota, for the purpose of holding a public hearing to consider a variance request from Augustana Lutheran Church for property located at 603 Armstrong Blvd. North, legally described as lots 4, 5, 6 and the South 13’ of lot 3, in block 4, Armstrong Park Addition, City of St. James, Watonwan County. The variance request is to increase the allowable size of church signage located in a residential district for a church to 4’ X 6’ or 24 square feet overall (11.70 subd. 15a7 and e2) and to illuminate said signage.  
    Page 4 of 9 - All persons are invited to attend the July 24, 2012 Public Hearing and to present their views relating to this request either orally or in writing.
    Dated this 9th day of July, 2012.
    Molly Westman
    Zoning Administrator
    Published in the St. James Plaindealer July 12, 2012.
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    SUMMONS
    STATE OF
    MINNESOTA
    COUNTY OF WATONWAN
    IN DISTRICT COURT
    FIFTH JUDICIAL DISTRICT
    (14. Other Civil)
    Court File No.
    Michael P. Zender,
    Plaintiff,
    vs.
    Unknown heirs of Peter J. Zender; Helen C. Zender; Evelyn Zender Lilie; Clarence Lilie; Colette A. Koester; Clarence Koester; Elmer Zender; all deceased; and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,
    Defendants.
    THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
    You are hereby summoned and required to serve upon Plaintiff’s attorney an Answer to the Complaint which is on file in the office of the Court Administrator of the above-named Court, within twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgement by default will be taken against you for the relief demanded in the Complaint.
    This action involves, affects or brings into question real property situated in the County of Watonwan, State of Minnesota, described as follows:
    That part of the Northwest Quarter (NW 1/4) of Section Thirty (30), Township One Hundred Six (106), Range Thirty Two (32), Watonwan County, Minnesota, described as follows: Commencing at the northeast corner of the Northwest Quarter (NW 1/4) of Section Thirty (30), running thence West 6 1/2 rods; thence running in a southeasterly direction 37 rods and 13 links; thence East 2 rods; thence running North on East line of said Northwest Quarter (NW 1/4), 37 rods and 13 links to the place of beginning, containing 1 acre and 5 rods.
    AND
    West Half of Northeast Quarter (W 1/2 of NE 1/4) of Section Thirty (30); and that part of the Southeast Quarter (SE 1/4) of Section Nineteen (19), which lies South of the Chicago, St. Paul, Minneapolis and Omaha Railroad right-of-way, all in Township One Hundred Six (106), Range Thirty-two (32), Watonwan County, Minnesota.
    NOTICE IS FURTHER GIVEN that the object of said action is to obtain a judgement declaring that Plaintiff is the owner in fee of the property described above, and that Defendants, and each of them, have no right, title, estate, interest or lien in or upon the said real estate.
    NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiff against any of the Defendants.
    Civil cases are subject to Alternative Dispute Resolution processes as provided in Rule 114 of the General Rules of Practice for the District Courts. Alternative Dispute Resolution includes mediation, arbitration and other processes set forth in the rules. You may contact the Court Administrator for information about these processes and about resources available in your area.
    Page 5 of 9 - Dated: June 1, 2012
    SUNDE, OLSON, KIRCHER AND ZENDER
    By: /s/ Jan M. Zender
    Reg. No. 169493
    Attorneys for Plaintiff
    108 Armstrong Blvd. South
    P.O. Box 506
    St. James, MN  56081
    (507) 375-3352
    Published in the St. James Plaindealer July 5, 12 and 19, 2012.
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    WATONWAN COUNTY
    BOARD
    SYNOPSIS OF
    MEETING
    MAY 15, 2012
    Present:  John Baerg, Bill Berg, Raymond Gustafson and Scott Sanders.  Absent:  Mark Rentz.
    Approved the Agenda as amended.
    Approved the minutes of the May 1 regular meeting.
    Approved payment of bills as audited and filed in the County Auditor's Office as follows by fund:  General Fund—$97,645.87; Solid Waste Fund—$11,825.94; Ditch Fund—$707.66; and the Road and Bridge Fund—$43,463.99.
    Approved payment of the B&W Control Specialties bill in the amount of $18,280.66.
    Reviewed the April disbursement listing.
    Approved payment of the credit card bill in the amount of $958.78.
    Approved mileage and per diem for Board members attending the Ag Drainage Workshop on June 8.
    County Auditor Donald Kuhlman reviewed the April 2012 financial reports.
    Approved the training requests of Julie Peterson.
    Approved the satisfactory completion of probationary period by Tom Braaten.
    Approved one step pay increases for John Keech and Cheryl Bjoin.
    Approved hiring Bjorklund Compensation Consulting to review the positions of I.S. Director and I.S. Specialist for placement on the County’s compensation schedule.
    Approved reimbursing FEMA funds that were received from the 2010 flooding to the applicable ditch systems.
    Environmental Services Officer Bruce Johnson was present with David Brandts to review his Conditional Use Permit Application for expansion of an existing feedlot.  The application was recommended for approval by the Planning Commission with no conditions.
    Approved issuing a Conditional Use Permit to David Brandts on Parcel No. 12.009.0400 in the N¼ of the NE¼ of Section 9, South Branch Township.
    Johnson reviewed the Conditional Use Permit Application of Schwartz Farms to construct a new feedlot over 700 animal units.  It was recommended for approval by Planning Commission with no conditions.
    Approved issuing a Conditional Use Permit to Schwartz Farms, Inc. for their parcel located in the SE¼ of the SE¼ of Section 20, Nelson Township.
    Sheriff Gary Menssen was present to recommend approval of the Boat and Water Grant Agreement.
    Approved the Chairman’s signing of the Annual County Boat and Water Safety Grant Agreement with the State of Minnesota for funding in the amount of $725.00.  
    Sheriff Menssen updated the Board on the 800 MHz redundancy tower.  The Communications Center is connected by T1 to the tower at LaSalle.  The redundancy tower can’t go on the REA tower, so the option is back to constructing a new tower at the Courthouse.  It will need to go up 100 feet to connect to the Mt. Lake Lake site, in case the LaSalle tower would be down.  Additional quotes are being obtained.
    Page 6 of 9 - Sheriff Menssen reported that the GeoComm software has never been updated, and will need a data conversion and upgrade.  Dispatch will then be able to see the location of the squad cars on their screens.  The mapping also needs updating, so he planned to wait and see if there is a cost savings if both are installed at the same time.
    Sheriff Menssen informed the Board that he selected Jeremy Nachreiner as his new Chief Deputy Sheriff upon the retirement of Lee Bouma.
    Adopted a resolution approving the appointment of Jeremy Nachreiner as Watonwan County Chief Deputy Sheriff at an annual base salary of $56,576.00, with eligibility for full-time benefit accrual under Watonwan County Personnel Policies. Nachreiner will serve at the will of County Sheriff Gary Menssen and is exempt from certain Personnel Policies, and will be granted an unpaid leave of absence from his position as Deputy Sheriff.
    The Board expressed their thanks to Chief Deputy Lee Bouma for his years of service with the County.
    Public Works Director Roger Risser reported that the County’s membership in the Trunk Highway 15 Coalition is up for renewal at a fee of $200 per year.  The Coalition’s goal is to work to preserve and improve the corridor from Fairmont to St. Cloud.  
    Approved renewing the membership in the Trunk Highway 15 Coalition.
    Risser reviewed a map of the Watline Trail in the Ormsby area.  The City of Ormsby is relocating its 5th Street easement to put in a windbreak.  The City would allow the Trail to use the easement if the County will participate in site preparation.  This would route the trail to end at the Ormsby ballpark.  Risser also noted that $400,000 was approved for 2016 for stage 2 of the trail project.
    Approved participating with the City of Ormsby on site preparation for their windbreak in exchange for use of the City’s easement for the Watline Trail.
    Risser reported that excavation of the Human Services parking lot was completed.  They discovered regulated waste which had to be hauled to the Ponderosa Landfill.  The question was raised as to when it will be paved.  By general consensus, the Board opted to let the new fill settle for a year before paving the lot.
    Closed the meeting pursuant to M.S. 13D.05, subd. 3 (c) (1) to consider offers or counteroffers for the purchase of real property pertaining to a road and bridge project.  County Assessor Mike Wacker was also present.
    Opened the meeting and adjourned.
    The full text of this summary is available for public inspection at the Watonwan County Personnel Office or at www.co.watonwan.mn.us.
    Scott Sanders, Chairman
    Watonwan County Board
    Lisa Schumann,
    Deputy Clerk
    Watonwan County Board
    Page 7 of 9 - ATTEST: Donald Kuhlman
    Watonwan County Auditor
    Published in the St. James Plaindealer July 12, 2012.
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    WATONWAN COUNTY
    BOARD
    SYNOPSIS OF
    MEETING
    JUNE 5, 2012
    Present: John Baerg, Bill Berg, Raymond Gustafson, Mark Rentz and Scott Sanders.
    Approved the Agenda as amended.
    Approved the minutes of the May 15 regular meeting.
    Adopted the “Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $625,000 General Obligation Capital Improvement Plan Crossover Refunding Bonds, Series 2012a,” on file in the County Auditor’s Office.
    Approved issuing a 3.2 Percent Malt Liquor License to the St. James Railroad Days Committee to operate a beer garden at the Fairgrounds during Railroad Days from June 20 – 24, 2012.
    County Auditor Donald Kuhlman requested adoption of a resolution for classification of eight tax forfeited properties as non-conservation to be approved by the Department of Natural Resources.
    Adopted a resolution certifying that the eight parcels of land have been viewed and comply with the provisions of Minnesota Statutes 85.012, 92.461, 282.01, Subd. 8, and 282.018, and other statutes that require the withholding of tax-forfeited lands from sale, and requesting approval from the Minnesota Department of Natural Resources for the sale of said lands.
    Watonwan Soil and Water Conservation District Manager Jack Krech was present to give an update on SWCD operations.  They hired a part-time administrative assistant, and have conducted various educational programs for school children.  Tree sales exceeded 5000 trees.  He reported on a walk-in access program where qualified landowners can allow hunters and receive compensation.  Pheasants Forever hired a shared position with Brown County to help with Farm Bill programs.  GBERBA will be hiring a Watonwan Watershed position for the whole area to be housed in Cottonwood County.  Krech invited the Board to a presentation at the June 18 SWCD meeting where a MPCA representative will explain new monitoring of the rivers and lakes in the County.
    The Board reviewed a listing of Sheriff’s Department vehicles and Highway Department vehicles and equipment that were proposed to be sold at a public auction on June 14.  One item of discussion was the dragline, and whether there should be a minimum bid amount set, based on its value as scrap iron.  By general consensus, the Board requested to have the dragline weighed and inquire of what the scrap metal price would be.
    Approved the sale of County equipment at a public auction as listed.  
    The Board of Equalization meeting was scheduled for June 18 at 6:30 PM.
    Public Works Director Roger Risser reviewed the Road and Bridge Cash Flow Chart for March – May 2012 and the Summary of Authorized Work for Others.
    The following bids were received for SAP 83-599-063:
    BIDDER/AMOUNT
    Mathiowetz Construction    $117,355.00
    Page 8 of 9 - Midwest Contracting        $125,165.00
    Pugh Brothers Excavating    $130,742.20
    Approved to accept the bid of Mathiowetz Construction Co. Inc. in the amount of $117,355.00 for SAP 83-599-063, replacement of Town Bridge #L-8043 on 690th Avenue over North Branch St. James Creek in St. James Township.
    The following bids were received for annual pavement markings:
    BIDDER/AMOUNT
    AAA Striping            $25,815.60
    Traffic Marking Service    $27,594.00
        
    Approved to accept the bid of AAA Striping in the amount of $25,815.60 for annual pavement markings.
    Discussion was held regarding a bridge in Section 24 of Madelia Township on Judicial Ditch 7.  A rating was done several years ago by Widseth Smith Nolting, and it is in poor condition with severe deterioration.  It does not have public access, but is the only access for the landowner to a land-locked parcel.  Risser recommended posting the bridge as closed.  County Auditor Kuhlman was instructed to call a meeting of the ditch system to discuss how to proceed further.  
    Approved posting and closing of Bridge No. R0092 in Section 24 of Madelia Township.
    Risser reviewed a quote from Bargen, Inc. for a ½-mile demonstration to apply Re-Play Sealer at $12,491.55 versus the traditional Seal Coat by County forces at $8,327.70. It uses a soy based product and can be driven on within a half-hour of application.  It’s a clear sealant, so existing striping shows through.  By general consensus, the Board authorized the demonstration only if Bargen would match the County cost.
    Risser reported that the environmental assessment for divestiture of the wildlife area along the proposed Watline Trail has been completed.  That allows the DNR to sell the property to the County.  Risser noted that a solution for the river crossing of the South Fork of the Watonwan River will be needed.  There is an existing historic bridge by Madelia that could possibly be relocated.  He suggested soliciting proposals from bridge design consultants to assess the feasibility of relocation, or to design a bridge for the site if it cannot be done.  The Board requested Risser to first contact the Historical Society and City of Madelia to see if there are objections to removing the bridge.
    Risser reviewed culvert washouts on the North Branch of St. James Creek, along the proposed Watline Trail.  The DNR would allow the County to fill and riprap the culvert.
    Approved proceeding with the culvert repairs as requested.
    Approved the Coroner’s Agreement with Mayo Health Systems for Dr. Eatwell’s services.
    Correspondence was reviewed from St. James EDA/Community Development Director Molly Westman regarding updates to the existing Abatement Policy.  She found sections that are not consistent with Minnesota Statutes, and proposed revised language.
    Approved updates to the Watonwan County Tax Abatement Policy in Section H:  Duration Limit, and Section J: Limitation of Abatements.
    Page 9 of 9 - Approved the training request submitted by Roger Risser.
    Approved one step pay increases for Connie Petersen and Tamara Colón.
    Approved advertising for the position of Branch Library Assistant for Madelia due to the resignation of Joy Gaudell.
    Commissioners Berg and Baerg reported on the AMC District Meeting they attended.
    In an update on the Sentence to Serve Program, it was noted that Brown County will provide services in Watonwan County after July 1.
    Closed the meeting pursuant to MS 13D.05, Subd. 3(b) for attorney-client privilege related to pending litigation involving County property.
    Opened the meeting.
    Approved proceeding with the GeoComm software upgrade in the amount of $14,445 and mapping update in the amount of $380.
    Adjourned.
    Scott Sanders, Chairman
    Watonwan County Board
    Lisa Schumann,
    Deputy Clerk
    Watonwan County Board
    ATTEST: Donald Kuhlman
    Watonwan County Auditor
    The full text of this summary is available for public inspection at the Watonwan County Personnel Office or at www.co.watonwan.mn.us.
    Published in the St. James Plaindealer July 12, 2012.
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