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Star Post Legals 6/21/2023

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CERTIFICATE OF ASSUMED NAME

Minnesota Statutes 

Chapter 333

ASSUMED NAME: Albany Fiber Communications.

PRINCIPAL PLACE OF BUSINESS IS: 131 6th Street, Albany, MN 56307.

NAMEHOLDER(S): Albany Mutual Telephone Association, 131 6th Street, Albany, MN 56307.

By typing my name, I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath.

/s/ Jared Johnson, General Manager

05/30/2023

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ORDINANCE NO. 06-15-2023

AN ORDINANCE AMENDING CHAPTER 93 OF 

THE MELROSE CITY CODE 

ASSESSABLE SERVICES; NUISANCES

THE CITY COUNCIL OF THE CITY OF MELROSE ORDAINS AS FOLLOWS:

SECTION 1. Melrose City Code Section 93.18 Public Nuisances Affecting Peace and Safety, is hereby amended by adding the following:

(X) Buildings or structures that are:

(1) declared unfit for human habitation pursuant to Melrose City Code Section 151.24, or

(2) subject to a Compliance Order pursuant to Melrose City Code Section 151.25(G), or 

(3) subject to a Vacation Order issued by the Building Official pursuant to Minnesota Rules part 1300.0180.

SECTION 2. Melrose City Code Section 93.20 Duties of City Officers, is hereby amended as follows:

The Police Department and City Building Official shall enforce the provisions relating to nuisances. Any police officer or building official shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Except in emergency situations of imminent danger to human life and safety, no police officer or building official shall enter private property for the purpose of inspecting or preventing public nuisances without the permission of the owner, resident, or other person in control of the property, unless the officer or building official has obtained a warrant or order from a court of competent jurisdiction authorizing the entry, as provided in §10.20.

SECTION 3. Melrose City Code Section 93.21(A)(1) Notice of Violation, is hereby amended as follows:

Written notice of violation shall be served on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises are not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises.

SECTION 4. Melrose City Code Section 93.21(B) Procedure, is hereby amended as follows:

Whenever a police officer or building official determines that a public nuisance is being maintained or exists on premises in the city, the officer or building official shall notify in writing the owner of record or occupant of the premises of that fact and order that the nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the police officer or building official shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement.

SECTION 5. Melrose City Code Section 93.21(C) Emergency procedure; summary enforcement, is hereby amended as follows:

In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety, or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, a police officer or building official shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety, or welfare. The police officer or building official shall notify in writing the occupant or owner of the premises of the nature of the nuisance and of the city’s intention to seek summary enforcement and the time and place of the City Council meeting to consider the question of summary enforcement. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety, or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section, and may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance. 

SECTION 6. Effective Date. This Ordinance takes effect upon its passage and publication according to law.

Adopted by the Melrose City Council on June 15, 2023.

/s/ Joe Finken, Mayor

City of Melrose

ATTEST:

/s/ Patricia Haase

City Clerk

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NOTICE OF TERMINATION OF 

CONTRACT FOR DEED

YOU ARE NOTIFIED:

1. Default has occurred in the Contract for Deed (“Contract”) dated September 1, 2022 and recorded on September 7, 2022, as Document Number A1640157, in the Office of the County Recorder of Stearns County, Minnesota, in which Jerry F. Bierschbach and Mary L. Hollenkamp, as Trustees of the Lorraine Bierschbach Irrevocable Asset Protection Trust, dated June 10, 1999, as Seller, sold to David P. Bierschbach, as Purchaser, the real property in Stearns County, Minnesota, described as follows:

The East Half of Lot 9 and the West 35 feet of Lot 10 in Block 56, Ayers and Clark’s Addition to Melrose, according to the plat thereof now on file and record of the office of the County Recorder in and for Stearns County, Minnesota.

Parcel No. 66.36600.0000

Check here if all or part of the described real property is Registered (Torrens) 

2. The default is as follows: Failure to make monthly payment of $650.00 due on June 15, 2023.

3. The conditions contained in Minn. Stat. 559.209 have been complied with or are not applicable.

4. THIS NOTICE IS TO INFORM YOU THAT BY THIS NOTICE THE SELLER HAS BEGUN PROCEEDINGS UNDER MINNESOTA STATUTES, SECTION 559.21, TO TERMINATE YOUR CONTRACT FOR THE PURCHASE OF YOUR PROPERTY FOR THE REASONS SPECIFIED IN THIS NOTICE.  THE CONTRACT WILL TERMINATE 90 DAYS AFTER THE FIRST DATE OF PUBLICATION OF THIS NOTICE UNLESS BEFORE THEN:

(a.) THE PERSON AUTHORIZED IN THIS NOTICE TO RECEIVE PAYMENTS RECEIVES FROM YOU:

(1.) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS

(2.) THE COSTS OF SERVICE (TO BE SENT TO YOU); PLUS

(3.) $250.00 TO APPLY TO ATTORNEYS’ FEES ACTUALLY EXPENDED OR INCURRED; PLUS

(4.) FOR CONTRACTS EXECUTED ON OR AFTER MAY 1, 1980, ANY ADDITIONAL PAYMENTS BECOMING DUE UNDER THE CONTRACT TO THE SELLER AFTER THIS NOTICE WAS SERVED ON YOU; PLUS

(5.) FOR CONTRACTS, OTHER THAN EARNEST MONEY CONTRACTS, PURCHASE AGREEMENTS, AND EXERCISED OPTIONS, EXECUTED ON OR AFTER AUGUST 1, 1985, $13.00 (WHICH IS TWO PERCENT OF THE AMOUNT IN DEFAULT AT THE TIME OF SERVICE OTHER THAN THE FINAL BALLOON PAYMENT, ANY TAXES, ASSESSMENTS, MORTGAGES, OR PRIOR CONTRACTS THAT ARE ASSUMED BY YOU); OR

(b.) YOU SECURE FROM A COUNTY OR DISTRICT COURT AN ORDER THAT THE TERMINATION OF THE CONTRACT BE SUSPENDED UNTIL YOUR CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING OR SETTLEMENT.  YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES.

IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR CONTRACT WILL TERMINATE AT THE END OF THE PERIOD AND YOU WILL LOSE ALL THE MONEY YOU HAVE PAID ON THE CONTRACT; YOU WILL LOSE YOUR RIGHT TO POSSESSION OF THE PROPERTY; YOU MAY LOSE YOUR RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE; AND YOU WILL BE EVICTED.  IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, CONTACT AN ATTORNEY IMMEDIATELY.

5. The name, mailing address, street address or location and telephone number of the Seller or of an attorney authorized by the Seller to accept payments pursuant to this notice is:

Dymoke Law Office, PA

Scott E. Dymoke, Attorney for Seller

408 Main Street East, Unit 5

PO Box 127

Melrose, MN  56352

Telephone:  (320) 256-4205

This person is authorized to receive the payments from you under this notice.

Dymoke Law Office, PA

Scott E. Dymoke, Attorney for Seller

Note: Attach relevant original affidavit(s) and return(s) to this Notice of Termination of Contract for Deed before recording.

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SECTION 00 11 13

ADVERTISEMENT FOR BIDS

TITLE: Albany Early Learning Center





LOCATION OF WORK: Albany Early Learning Center

320 3rd Avenue

Albany, MN 56307



OWNER: Albany Area Schools

30 Forest Ave, PO Box 40

Albany, MN 563027



CONSTRUCTION ICS Consulting, LLC

MANAGER: 1139 Franklin Avenue, Suite 1

Sauk Rapids, MN 56379

(763) 354-2670

Contact: Kyle Walter 

kyle.walter@ics-builds.com 



ARCHITECT: Wold Architects & Engineers

332 Minnesota Street, Suite W2000

Saint Paul, MN 55101

651-227-7773



STRUCTURAL: BKBM Engineers

6120 Earle Brown Dr., Suite 700 

Minneapolis, MN 55340

763-843-0420



MECHANICAL & CMTA

ELECTRICAL: 1331 Tyler St NE Unit 201

ENGINEER Minneapolis, MN 55413

612-249-5600



CIVIL ENGINEER: BKBM Engineers

6120 Earle Brown Dr., Suite 700 

Minneapolis, MN 55340

763-843-0420

PROJECT DESCRIPTION:

The project consists of multiple work scopes for all of the work necessary for the renovation and construction of a 41,000 square foot early childhood facility, site improvements, parking lots, and all associated utilities and amenities.

BID DATE AND LOCATION:

Sealed Bids will be received at Albany Area Schools District Office, 30 Forest Ave, Albany, MN 56307 then publicly opened and read aloud. Bids will be received and stamped-in prior to 2:00pm local time on June 29th, 2023. Bids submitted after allotted time will be discarded, NO EXCEPTIONS.  

EXAMINATION OF DOCUMENTS:

Bidders may view drawings and specifications for the project at the office of the Construction Manager.

For Electronic access to the bidding documents, please contact Raeann Wynn at 612-999-1566. The Construction Manager can also provide locations of Builders Exchanges holding plans for contractors to access.  Bidders are responsible for any and all costs associated with the production of plans and specifications for their use.

BIDDING REQUIREMENTS:

Each Bidder must comply with the following requirements to reassure acknowledgment and recognition of their Bids:

Bids must be accompanied by Bid security in the form of a certified check, cashier’s check, or Bid bond in the amount of 5% of the base Bid submitted, made payable to the owner, as guarantee that Bidder will, if awarded, enter into contract in accordance with contract documents and submitted Bid.

Submit Bid on the prescribed form, which is furnished with the specification, with full name and address of the Bidder.

Completely fill in all blank spaces on the Bid Form, in ink or typewriter, in both words and figures.

Sign in longhand, executed by a principal duly authorized to enter into an agreement. If a Bidder is a co-partnership, then signatures on the Bid shall be by an authorized member of the firm, with the names and addresses of each member of partnership.

Base Bid and all alternate Bids shall be stated both in writing and in figures. In all cases, written and numerical figures must agree; otherwise at Owner’s option, it shall be cause for rejection of Bid. Complete form without alterations.

Submit alternate prices (Bids) for either increasing or decreasing the costs, as called for on Bid form and Description of Alternates.  Submit a Bid for all alternates.

The owner may make such investigations as they deem necessary to determine the ability, competency, and responsibility of the Bidder to perform the work. Any Bidder shall furnish to the Owner all such information and data for this purpose, as the Owner may request. Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the contract and to complete the Work contemplated therein. The competence and responsibility of Bidder will be considered in making an award, including, but not limited to; (1) proof of financial responsibility, (2) quality of similar work, (3) amount of experience with similar projects, (4) facilities, personnel and equipment, (5) reputation for performance, and (6) the ability to complete the work within specified time. Owner reserves the right to reject any Bid where there is reasonable doubt as to the qualifications of the Bidder.

Owner reserves the right to: (1) accept Bidder’s Base Bid only, (2) accept any one or more of bidder’s Alternate Bids, in any order regardless of the order in which they were listed, (3) reject all Bids, (4) award contract based on their investigation of Bidders, as well as acceptance of alternates, all of which the Owner deems to be in their best interest, (5) waive informalities or minor irregularities in Bids and waive minor irregularities or discrepancies in Bidding procedure.

Upon award of Contract, Contractor shall provide AIA A312 Performance and Payment Bonds in the amount of 100% of Contract Sum in accordance with General Conditions and Amendments to General Conditions.

BIDDING DOCUMENTS & SITE REVIEW:

Each Bidder (including subcontract Bidder where appropriate) is advised to visit the site and to fully inform themself and record their own investigations as to the extent of the Work, the extent of the work performed by other contractors under other construction packages, conditions under which the Work is to be performed, existing buildings and streets, conditions of the area, existing utilities and other features, type of soil, available facilities and difficulties that may be encountered in connection therewith, and other relevant items which will affect their Bid or the Work.

Prior to submitting a Bid, each Bidder is required to examine all of the bidding requirements, all Contract Documents, all drawings, and specifications for the Project (including those primarily for other Subcontracts). Contractors shall become thoroughly familiar with the scope of the Project and all factors and items of work which will affect their Bid or the Work, whether shown or specified in documents primarily for Work of others or Work of this Contract.

No extras will be allowed the Contractor as a result of misunderstanding of the extent of scope of the Work as a result of their failure to study and record their own findings. The submission of a Bid shall be proof that such examinations have been made and that Bidder has recorded their own investigation and has become thoroughly familiar with all contract documents (including all addenda). The failure or omissions of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect to their Bid. Nor shall it be the responsibility of ICS or its counterparts to ensure you have read all documentation. This is the sole responsibility of the Bidder and its Sub-Contractor(s).

PRE-BID CONFERENCE:

A Pre-Bid conference will be held at 10:00 a.m. on June 19th, 2023, at Albany Early learning Center, 320 3rd Avenue, Albany, MN 56307. If Bidders want to tour the site, a site review will take place immediately following the Pre-Bid conference. No extras will be allowed because of the Bidder’s misinterpretation as to the amount of work involved, Bidder’s own error, negligence, or failure to examine the site.  

START DATE:

Work will begin after receipt of the signed contract from the Owner. The anticipated award date is July 12th, 2023.  Pre-construction and submittals work related to the project is to commence immediately after receipt of the signed contract.  The onsite work will begin on the premises no later than August 7th, 2023.

SUBSTANTIAL AND COMPLETION DATE:

The owner requires all work to be substantially completed by August 5th, 2024.  

END OF SECTION 00 11 13

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FARMING TOWNSHIP

CHANGE OF MEETING NOTICE

The July monthly meeting has been changed to Thursday July 6, 2023 at the usual place and time due to July 4, 2023 being a holiday.

Linda Theisen

Farming Township Clerk

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HOLDING TOWNSHIP NOTICE 

With July 4th falling on the first Tuesday of the month, the Town Board of Holding Township has rescheduled their July monthly meeting to Tuesday, July 11, 2023 at 8:00 P.M. at the Holding Town Hall. 

Julianne Ebnet, Clerk 

Posted June 26, 2023 

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The rest of the public notices published in The Star Post 6/21/2023 edition can be viewed here: https://www.mnpublicnotice.com/(S(ozzlbne32r3lmuxdlqpwxj3d))/default.aspx

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