Legals for February 10, 2024
Regular Meeting Ely City Council – City Hall, Council Chambers
January 16, 2024
CALL TO ORDER
Mayor Omerza called the City Council meeting to order at 5:33pm.
PRESENT: Council members A.Forsman, Kess, Debeltz, Callen, Campbell, Bisbee, and Mayor Omerza
ABSENT: None
APPROVAL OF MINUTES:
Debeltz/Callen moved to approve minutes from the January 2, 2024 Regular Council Meeting. Motion Carried Unanimously.
ADDITIONS OR OMISSIONS TO AGENDA:
A. Addition 6.F. Make the Joint Powers Ambulance Meeting on January 22, 2024 at 4pm at the Winton Community Center a Special Council Meeting so all Council Members can attend if they choose.
B. Addition 9.D Police Department Sign On Bonus Agreement
C. Addition 9.E. Purchase Agreement for Lot 6, Block 4 East Spaulding between Gregory Paul Demarce and the City of Ely.
D. Addition 9.E. Purchase Agreement for Lot 8, Block 1 East Spaulding First Addition between Kevin Fred Decker & Debbie Lynn Decker and the City of Ely.
E. Addition 13.F. Resolution 2024-007 Resolution Authorizing Application for Ely Events Group to Apply for Raffle Permit
F. Addition 13.G. Resolution 2024-008 Resolution Authorizing the Application of the Knights of Columbus Council 3238 to Conduct Bingo
G. Addition13.H. In-Kind Services for the Ely Winter Festival February 1-11, 2024
Kess/Bisbee moved to approve additions A-G. Motion Carried Unanimously.
MAYOR’S REPORT:
Mike Popesh’s recognition of 43 Years of Service to the City of Ely
Mayor Omerza presented Mike Popesh with a plaque for his service to the city of Ely and congratulated him on his retirement.
Council Committee Representatives
Debeltz/Campbell moved to approve the 2024 Council Committee Representatives as follows: Acting Mayor – Callen, Airport- Bisbee, Budget – A.Forsman, Omerza, Kess, Cemetery – Debeltz, Insurance- Omerza, Gardner Trust- Campbell, Employee Relations – Omerza, Debeltz, Callen, Fire – Callen, HRA – Campbell, HPC – Campbell, Library – Omerza, Park & Rec – Bisbee, Planning & Zoning – Campbell, Police – Debeltz, Projects – Omerza, Callen, Sanitation- A.Forsman, Kess, Callen, TAB – Debeltz, Utilities – A.Forsman, Utilities Alternate – Callen, RAMS – Kess, RAMS Alternate – Campbell, Mesabi Trails – R. Skraba, Community Joint Powers – Omerza, Community Joint Powers Alternate – A.Forsman, CGMC – Omerza, Hwy #169 Task Force – Callen, Lodging Tax Board – Kess, Ely Area Ambulance Service – Novak, Ely Area Ambulance Service Joint Powers Board – A.Forsman, Ely Area Ambulance Service Joint Powers Board Alternate – Kess, Tree Board - Bisbee. Motion Carried Unanimously.
CONSENT AGENDA:
A.Motion to waive readings in entirety of all ordinances and resolutions on tonight’s agenda.
B.Approve City Staff and Council to attend the League of Minnesota Cities City Day on the Hill on March 7, 2024.
C.Approve City Staff and Council to attend the 2024 Safety and Loss Control Workshops
D.Approve City Staff and Council to attend the CGMC 2024 Legislative Action Day on March 20, 2024.
E.Approve City Staff and Council to attend the 27th Annual Duluth & St. Louis County at the Capitol Days on March 6, 2024
F.Make the Joint Powers Ambulance Meeting on January 22, 2024 at 4pm at the Winton Community Center a Special Council Meeting so all Council Members can attend if they choose.
Debeltz/Campbell moved to accept the Consent Agenda items A-F. Motion Carried Unanimously.
REQUESTS TO APPEAR: None
COMMITTEE REPORTS:
Standing/Special
Heritage Preservation Commission (HPC): Minutes included in the Council Packet.
Library Board: Minutes included in the Council Packet.
Projects Committee
Callen/Kess moved to approve the recommendation from Projects Committee that the City Council support the efforts of the HRA in partnering with Minnesota Housing Partnership. Motion Carried Unanimously.
Callen/Debeltz moved to approve the recommendation from Projects Committee to submit the Culture and Tourism Grant for the completion of the pocket park.
Langowski indicated that this will be a scale model of a Forest Service Float Plane and the wall of the old theater will have a mural of beaver planes. The estimated cost is $44,000 and we are applying for a $22,000 grant and the Ott’s will pay the remainder.
Motion Carried Unanimously.
Recommendation from Projects Committee to pass a resolution supporting application for a trail groomer for the Tomahawk Trail.
Callen/Debeltz moved to approve Resolution 2024-005 Resolution Supporting Grant Application to the MN DNR Federal Recreational Trail Program to Purchase a Groomer for Grooming Snowmobile Trails. Roll Called: Council Members A.Forsman – Yes, Kess- Yes, Debeltz – Yes, Callen – Yes, Campbell – Yes, Bisbee – Yes, and Mayor Omerza – Yes. Motion Carried Unanimously.
Recommendation from Projects Committee to pass a resolution supporting application for funds to build additional Mountain Bike Trails.
Callen/A.Forsman moved to approve Resolution 2024-006 Resolution Supporting the Grant Application to the Minnesota Department of Natural Resources for the Federal Recreation Trail Program.
Langowski indicated that he has been working with Scott Anderson and the Ely Nordic Ski and Bike Club to put this project together. We are working on tying in other facilities with the trails, the location of these 7.7 miles of Mountain Bike Trails will be at the Hidden Valley Ski Area, and on public land near Minnesota North College and the Unites States Forest Service Ranger Station.
Roll Called: Council Members A.Forsman – Yes, Kess- Yes, Debeltz – Yes, Callen – Yes, Campbell – Yes, Bisbee – Yes, and Mayor Omerza – Yes. Motion Carried Unanimously.
Callen/Campbell moved to approve the recommendation from Projects Committee to table Invoice: GRADING for the Ely 2022 Streets/Spaulding from Mesabi Bituminous for $10,360.00 until JPJ can review and report back.
Langowski indicated that the invoice should be sent to the general contractor for this project.
Motion Carried Unanimously
DEPARTMENTAL REPORTS:
Clerk-Treasurer
Rich Posey transferring to Infrastructure Department – Langowski indicated that Posey is taking a voluntary transfer starting January 17, 2024.
Fire Chief
Chief Marshall discussed the recent calls for the fire department
Library Director
Library Director Heinrich discussed the current programming at the library which can be found on the library website
Police Chief
2023 Incident Statistics
Chief Houde discussed the 2023 Incident Statistics. The incidents/calls that the Ely Police Department received were 2483 calls for service in 2023, which is 257 more calls than the calendar year of 2022 and 91 more calls than the calendar year of 2021. The top 6 highest calls were Traffic Stops at 363 (an increase of 94), Medical Assists at 221 (an increase of 14), Public Assists at 142 (an increase of 8), Check Welfare at 112 (an increase of 35), Animal Disturbances at 97 (an increase of 22), and Disturbances at 85 (an increase of 22). The full list of calls/incidents is listed in the council packet.
Debeltz/Campbell moved to approve the Ely Police Department One Time Sign On Bonus Agreement. Motion Carried Unanimously
City Attorney
Callen/Campbell moved to approve the Mortgage Satisfaction for Derek Jensen recorded on August 27, 2019 as Document No. 01361931 for their Residential Rehab Loan. Motion Carried Unanimously.
Campbell/Debeltz moved to approve the Purchase Agreement for Lot 1, Block 1, East Spaulding First Addition between Isaac Olson & Sonya Olson and the City of Ely. Motion Carried Unanimously.
Callen/A.Forsman moved to approve the Purchase Agreement for Lot 6, Block 4 East Spaulding between Gregory Paul Demarce and the City of Ely. Motion Carried Unanimously.
Bisbee/Callen moved to approve the Purchase Agreement for Lot 8, Block 1 East Spaulding First Addition between Kevin Fred Decker & Debbie Lynn Decker and the City of Ely.
A.Forsman stated that it is great to see these selling.
Langowski stated that we have 3 lots in all of Spaulding Development that are owned by the City of Ely, there might be some that are privately being sold.
Motion Carried Unanimously.
City Engineer
COMMUNICATIONS: Matter of Information
2023 Passport Sales
4th Quarter Progress Report from Ely Community Resource, Inc
CLAIMS FOR PAYMENT:
A.Forsman/Debeltz moved to approve the City and EUC Claims for January 16, 2024 for $410,710.18. Motion Carried Unanimously.
Debeltz/Bisbee moved Change Order No. 2 that decreases the contract amount by $106,784.66 and Final Pay Estimate No. 6 for $10,892.11 to Utility Systems of America for the 2022 Street Improvements/ Spaulding Phase III project. Motion Carried Unanimously
OLD BUSINESS: None
NEW BUSINESS:
Callen/Debeltz moved to designate the Assistant Treasurer as the designated person to oversee, monitor, accept responsibility and evaluate the “nonattest/nonaudit services, which include the preparation of the notes to the financial statements to be included in the audit of the City of Ely for the year ending December 31, 2023. Motion Carried Unanimously.
Debeltz/Campbell moved to approve Resolution 2024-003 Resolution Authorizing Temporary Deputy Clerk for Election Purposes. Roll Called: Council Members A.Forsman – Yes, Kess- Yes, Debeltz – Yes, Callen – Yes, Campbell – Yes, Bisbee – Yes, and Mayor Omerza – Yes. Motion Carried Unanimously.
Debeltz/Callen moved to approve Resolution 2024-004 Resolution Establishing an Absentee Ballot Board for the 2024 Elections. Roll Called: Council Members A.Forsman – Yes, Kess- Yes, Debeltz – Yes, Callen – Yes, Campbell – Yes, Bisbee – Yes, and Mayor Omerza – Yes. Motion Carried Unanimously.
2024 Committee Seats
-Kess/Bisbee moved to approve Ben Thomas, Jason Chopp, and Scott Richards as renewing members on the Airport Commission with term expiring January 31, 2027. Motion Carried Unanimously
-Bisbee/Kess moved to approve Jeremy Harmon as a new applicant for the Airport Commission with a term expiring January 31, 2027. Motion Carried Unanimously.
Mayor Omerza encouraged Micah Larson to apply for other open committees or to apply again in the future.
-Debeltz/Callen moved to approve Jeanie Zaverl and Mike Banovetz as renewing members and Valerie Myntti and Karl Kubiak as new members to the Cemetery Committee with terms expiring January 31, 2027 and Karl Kubiak taking Campbell’s Mid-term expiring January 31, 2025.
Angela Campbell is resigning from the Cemetery Committee as a resident member so we have a total of four openings with her resignation.
Motion Carried Unanimously.
-Campbell/Bisbee moved to approve David O’Donnell (Library Board Alternate) and Vince O’Connor (Arts Board) as renewing members of the Gardner Trust Board with a term expiring January 31, 2027. Motion Carried Unanimously.
-Campbell/Debeltz moved to approve new applicant Cindy Gardner as an At Large Non- Resident to the Gardner Trust Board with a term expiring January 31, 2027. Motion Carried Unanimously.
The Council encouraged Kristen Switajewski to apply for other open committees or apply again in the future.
-Bisbee/Callen moved to approve John Dunn as a renewing member to the Heritage Preservation Commission with a term expiring January 31, 2027. Motion Carried Unanimously.
-Debeltz/Kess moved to approve Scott Meland as a renewing member to the Housing & Redevelopment Authority (HRA) with a term expiring December 31, 2027. Motion Carried Unanimously.
-Debeltz/Bisbee moved to approve Scott King as a renewing member and Madeline Olson and Tom Conaway as new members to the Library Board with terms expiring January 31, 2027. Motion Carried Unanimously.
-A.Forsman/Bisbee moved to approve A.Z. Eck, Todd Crego, and Alyssa Nelson-Richards (VCC Rep) as renewing members to the Park and Rec Board with a term expiring January 31, 2027. Motion Carried Unanimously.
The Council encouraged Eva Sebesta to apply for other open committees or apply again in the future.
-Debeltz/Campbell moved to approve David Hernesmaa and Emily Roose as renewing members and Scott Anderson as a new applicant to the Planning and Zoning Commission with terms expiring January 31, 2027. Motion Carried Unanimously.
-Callen/Bisbee moved to approve Lawrence Reedy and Jake Mather as renewing members to the Police Commission with terms expiring January 31, 2027. Motion Carried Unanimously.
-Callen/Campbell moved to approve Kris Winkelman as a renewing member and Mike Banovetz and Tommy Teigen as new members to the Projects Committee, Winkelman and Banovetz’s terms expiring January 31, 2026 and Teigen’s mid-term expiring January 31, 2025. Motion Carried Unanimously.
-Campbell/Bisbee moved to approve Scott Meland as a renewing member to the Telecommunications Advisory Board (TAB) with a term expiring January 31, 2026. Motion Carried Unanimously.
-A.Forsman/Debeltz moved to approve Anthony Colarich as a renewing member to the Ely Utilities Commission(EUC) with a term expiring January 31, 2027. Motion Carried Unanimously.
-A.Forsman/Callen moved to approve Todd Crego as a renewing member to the Tree Board with a term expiring January 31, 2027. Motion Carried Unanimously.
Angela Campbell resigning from the Cemetery Committee as a resident –
Open Seat Mid Term Expiring 1/31/2025 – filled open seat under 2024 Committee Seats
A.Forsman/Campbell moved to approve Resolution 2024-007 Resolution Authorizing Application for Ely Events Group to Apply for Raffle Permit. Roll Called: Council Members A.Forsman – Yes, Kess- Yes, Debeltz – Yes, Callen – Yes, Campbell – Yes, Bisbee – Yes, and Mayor Omerza – Yes. Motion Carried Unanimously.
Callen/A.Forsman moved to approve Resolution 2024-008 Resolution Authorizing the Application of the Knights of Columbus Council 3238 to Conduct Bingo. Roll Called: Council Members A.Forsman – Yes, Kess- Yes, Debeltz – Yes, Callen – Yes, Campbell – Yes, Bisbee – Yes, and Mayor Omerza – Yes. Motion Carried Unanimously.
Callen/A.Forsman moved to approve the In-Kind Services for the Ely Winter Festival February 1-11, 2024. Motion Carried Unanimously.
OPEN FORUM: None
ADJOURN:
Mayor Omerza adjourned the meeting at 6:30pm without objection.
Casey Velcheff
Deputy Clerk
5001-261786
Ely Echo Publication Date(s):
Feb. 10, 2024
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Public Hearing Minutes
January 16, 2024
City Hall, Council Chambers
Call To Order:
Mayor Omerza called the public hearing to order at 5:00pm at Ely City Hall in the Council Chambers.
PRESENT: Council members A.Forsman, Kess, Debeltz(5:15pm), Callen, Campbell, Bisbee and Mayor Omerza
Purpose:
The Public Hearing will be an informational meeting to discuss the Fire Apparatus Building and Ely Area Ambulance Garage including economic and environmental impacts, service area, alternatives to the project, and potential funding sources, including USDA Rural Development. All residents and property owners within the City of Ely, City of Winton, Town of Morse, Fall Lake Township, Stoney River Township and citizens located within unorganized areas of St. Louis County within the 1500 square miles of the ambulance primary service area are encouraged to attend.
Clerk Langowski indicated that the City of Ely was awarded a $1.3 Million dollar grant from USDA Rural Development for the Fire and First Responder Apparatus Building and the Ely Area Ambulance Garage.
The first portion of the project is valued at $650,000 and is for renovations and an addition of the existing Ambulance garage on Camp Street. This building was purchased about a year and a half ago by the Ely Area Ambulance Joint Powers Board which includes Ely, Winton, Town of Morse, and Fall Lake Township for the Ely Ambulance Service to operate from. The building was purchased had previously been used as contractor’s office and shop. The building had multiple offices that have been converted to bedrooms for overnight staffing. There are multiple code compliance issues and unfinished portions of the living quarters and equipment storage that require completion and renovations to adequately serve the ambulance service’s needs. The existing building requires approximately $200,000 in renovations to meet these requirements. The existing building will be used for staff housing, training, and equipment storage for some of the equipment. An additional space is necessary for storage of other ambulances operated by the service. The estimated cost for the additional building is $450,000.
In addition to the joint ambulance service the City of Ely is planning to build a fire and first responder apparatus storage garage. The historic City Hall/Fire Hall is beyond its capacity and an auxiliary facility is required to store the newer, larger equipment. With ongoing, increasing threat of wild fire the city also has wild land firefighting equipment that requires storage space. Currently this equipment is stored in make shift facilities that are scheduled for future demolition or outside. The overall budget for the fire and first responder apparatus storage garage is $650,000.
The ambulance joint powers have worked for the past five years to determine the best option for the ambulance facility and the staffing model that meets the community’s needs. The cost of the facility is out of reach for the contributing members. Many of the citizens are elderly or low income and cannot afford the additional burden the facility would put on the taxpayers. With the need for the service on a continual increase the construction of the facility is necessary to meet the needs. The summer tourism boom in the area puts a strain on the current service and improvements area needed to improve efficiency and reduce overall operating costs.
The Ely Fire Department and First Responders have operated from the historic Ely City Hall since 1929. Over nearly a century the equipment has changed significantly for first responders and fire departments. The city has been updating equipment over the past fifteen years. The newer equipment is much larger with additional capabilities as compared to the 1950’s and 1970’s equipment that is being replaced. In the last five years the City of Ely has replaced all of the primary response apparatus with newer up to date equipment that will serve the residents into the foreseeable future. The size of these four pieces of equipment is much greater than what they replace. We have also seen a significant increase in the frequency and intensity of wild fire season. In response to these changing conditions additional wild land firefighting equipment has been needed to protect the community. The City of Ely is unable to provide the necessary funds to both upgrade equipment and provide updated space for storage. The estimated cost of this portion of the project is $800,000. The City of Ely will be providing in kind labor, equipment and funding totaling $150,000 to complete the project.
Langowski went through the preliminary engineering drawings for both the Fire and First Responder building and the Ambulance garage building and updates. Langowski discussed the site plans for each of the buildings and went through the floor plans. In the Fire and First Responder building in the workout room we can use some of the public safety funds for the room which can also be an incentive for the retention of police officers, firefighters and first responders. After this hearing we will finalize the drawings and send them to the USDA rural development. We hope to have both projects start this summer.
Larry Polyner -1560 N 20th Ave E – Polyner stated that he likes where the new ambulance garage is located, it fits the needs of the community. The additional space for the additional garage for the ambulance seems to be a waste of money. The existing ambulances fit in the existing structure right now, and they would be moved to the other building to accommodate a meeting room. The ambulance service has been in existence since the 1990s and they have not had a meeting room till this point. At this point the existence of the ambulance service is up in the air because of funding, they are having the same issues that all ambulance services on the range are having. It is questionable as to whether the hospital is going to take the ambulance service back or not. Polyner indicated that it seems foolish to build the additional building not knowing whether or not it will be needed six months from now. Langowski indicated that there will be a Joint Ambulance Powers Board meeting to discuss these options with the hospital and the ambulance service.
Bisbee asked about the hospital’s feasibility study and if the hospital will be able to use these structures if they were to take over. Langowski indicated that he believes so, but there have only been preliminary discussions. Currently there is not a move to do a different model than what is currently being done. They are aware of the current facility and the improvements that are scheduled to be completed.
Michael Smith – 1047 E Sheridan St – Smith indicated that he is a member of the Fire Department and a First Responder. Smith is in favor of the Fire apparatus building, for the fire department to have safe and accessible storage for apparatus including vehicles, trucks and equipment including pumps and hoses. It is really important as a firefighter and as a taxpayer because these things take money to maintain and if they are left out in the weather or in a leaky garage where some of the equipment is currently being stored, it is not leaking directly on the equipment, but it is still wet when some members have to work on them. It will also give members quicker access to stored equipment when called upon and possibly lower response time. Smith thanked the leadership of the fire department and Clerk Langowski and all the stakeholders, to develop this site, it is a great opportunity for the fire department.
Adjourn
Mayor Omerza adjourned the public hearing at 5:28pm without objection.
Casey Velcheff
Deputy Clerk
5001-261787
Ely Echo Publication Date(s):
Feb. 10, 2024
PUBLIC NOTICE
Important Information about Your Drinking Water
CITY OF ELY PWSID 1690014
City of Ely public water system routinely monitors for the presence of drinking water contaminants. Recent testing results show that the average level of HAA5 was 61.8 micrograms per liter (µg/L). The MCL for HAA5 is
60.4 µg/L.
HAA5s are formed when naturally occurring organic matter combines with disinfectants added to kill microorganisms. They are by-products of drinking water disinfection.
Some people who drink water containing HAA5s in excess of the MCL over many years may have an increased risk of getting cancer.
This is not an emergency. You do not need an alternative source of water, such as bottled water. However, if you have specific health concerns, consult your doctor. The use of carbon filters is not recommended for removal of HAA5s, as they may accumulate in the filter over time.
Your public water system is considering methods to reduce the levels of HAA5s, which may include an alternative water source or water treatment. You will be informed when the public water supply has reduced the levels and meets the standards.
Please share this information with all other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, hospitals, schools, prisons, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.
For More Information
If you have questions, please call us at: 218-504-5140
Date Distributed: February 1, 2024
5001-261789
Ely Echo Publication Date(s):
Feb. 10, 2024
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ADVERTISEMENT FOR BIDS
Ely Public School Renovations
Notice is hereby given that sealed bids for Ely Public School Renovations will be addressed and delivered to ISD #696 - Ely Public Schools, 600 East Harvey Street, Ely, MN 55731, Attn: Anne Oelke.
BID DATE:February 29, 2024
BID TIME:4:00 pm local time (in media center)
Plans, Specifications and Proposal Forms as prepared by Widseth, 126 East Superior Street, Duluth, MN 55802, (218) 727-8481, are available from the Architect’s office either in electronic form at no cost or in hard copy form for a non-refundable fee for the cost of reproduction. Plans and Specifications may be reviewed at the offices of the Architect, the Owner, and the Minnesota Builders Exchange.
Each bid must be accompanied by a certified check, cashier’s check, or bidder’s bond in the amount of five percent (5%) of the bid, payable to the Owner; as provided in the specifications, said check and the amount thereof or the amount of the bidder’s bond to be forfeited as liquidated damages if the bidder furnishing the same neglects or refuses to promptly carry out said bid or enter into contract with Ely Public Schools.
No bids may be withdrawn within thirty (30) days from the scheduled closing time for receiving bids.
The right is reserved to reject any or all bids or parts of bids and to waive informalities therein, and to award the contract to other than the lowest bid¬der if in their discretion the interests of the Owner will be best served thereby.
A pre-bid meeting will be held on Tuesday, February 20th, 2024, at 10:00 am local time, starting in the new media center.
600 East Harvey Street
Ely, MN 55731
5001-261663
Ely Echo Publication Date(s):
Feb. 10, 17, 2024
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NOTICE OF
Absentee Voting for the Presidential Nomination Primary Election
To the Electors of the City of Ely in the County of St. Louis, State of Minnesota
NOTICE IS HEREBY GIVEN: that the Presidential Nomination Primary Election will be held at 27 South 1st. Avenue, East (the Senior Center) on TUESDAY, March 5, 2024, at which time the polls will be open from the hours of 7:00 A.M. to 8:00 P.M.
Anyone who wishes to vote by ABSENTEE BALLOT can obtain an Absentee Ballot Application by:
• Call - City Hall, Clerk’s Office - 218-365-3224 ext 1
• In person – Clerk’s Office, 209 E Chapman St, Ely MN
o Monday –Friday 8am-4:30pm,
o Saturday, March 2nd 9am-3pm
o Monday, March 4th 8am-5pm
• Email - deputyclerk@ely.mn.us
• Online - www.mnvotes.org - Elections and Voting – Other Ways to Vote
Once an Absentee Ballot Application is received, a ballot will be available to you.
Harold R Langowski
City Clerk/Treasurer
5001-261790
Ely Echo Publication Date(s):
Feb. 10, 17, 24, Mar. 2, 2024
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State of Minnesota District Court
County of St. Louis
Judicial District:Sixth
SUSAN BEARD and THOMAS HENRIKSEN
Plaintiffs
vs
LINDA HENRIKSEN, The unknown heirs of Linda Henriksen, The unknown heirs of Richard Henriksen, the unknown heirs of Lillian Henriksen,
and all other persons unknown claiming any right, title, estate, interest in or lien upon the subject property described in the Complaint herein,
Defendants
Civil Summons
This Summons is directed to:
LINDA HENRIKSEN, The unknown heirs Of Linda Henriksen, The unknown heirs of Richard Henriksen, the unknown heirs of Lillian Henriksen,
and all other persons unknown claiming any right, title, estate, interest in or lien upon the subject property described in the Complaint herein,
1. You are being sued. The Plaintiff has started a lawsuit against you. The Complaint is attached to this Summons (or on file at the office of the District Court). Do not throw these papers away. They are official papers that start a lawsuit and affect your legal rights, even if nothing has been filed with the court and even if there is no court file number on this Summons.
2. You must BOTH reply, in writing, AND get a copy of your reply to the person/business who is suing you within 21 days to protect your rights. Your reply is called an Answer. Getting your reply to the Plaintiff is called service. You must serve a copy of your Answer or Answer and Counterclaim (Answer) within 21 days from the date you received the Summons and Complaint.
ANSWER: You can find the Answer form and instructions on the MN Judicial Branch website at www.mncourts.gov/forms under the “Civil” category. The instructions will explain in detail how to fill out the Answer form.
3. You must respond to each claim. The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you think the Plaintiff should not be given everything they asked for in the Complaint, you must say that in your Answer.
4. SERVICE: You may lose your case if you do not send a written response to the Plaintiff. If you do not serve a written Answer within 21 days, you may lose this case by default. You will not get to tell your side of the story. If you choose not to respond, the Plaintiff may be awarded everything they asked for in their Complaint. If you agree with the claims stated in the Complaint, you don’t need to respond. A default judgment can than be entered against you for what the Plaintiff asked for in the Complaint.
To protect your rights, you must serve a copy of your Answer on the person who signed this Summons in person or by mail at this address:
107 E. Camp St. Ely, MN 55731.
5. Carefully read the Instructions (CIV301) for the Answer for your next steps.
6. Legal Assistance. You may wish to get legal help from an attorney. If you do not have an attorney and would like legal help:
• Visit www.mncourts.gov/selfhelp and click on the “Legal Advice Clinics” tab to get more information about legal clinics in each Minnesota county.
• Court Administration may have information about places where you can get legal assistance.
NOTE: Even if you cannot get legal help, you must still serve a written Answer to protect your rights or you may lose the case.
7.Alternative Dispute Resolution (ADR). The parties may agree to or be ordered to participate in an ADR process under Rule 114 of the Minnesota Rules of Practice. You must still serve your written Answer, even if you expect to use ADR.
Date: February 2, 2024
RAE R. BENTZ
DEFENBAUGH LAW OFFICE
107 E Camp St
Ely, MN 55731
(218)365-4977
Attorney ID No. 218376
5001-261763
Ely Echo Publication Date(s):
Feb. 10, 17, 24, 2024
