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Ortonville, Minnesota
February 1, 2011     The Ortonville Independent
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February 1, 2011

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Public notices NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: June 8, 2009 MORTGAGOR: Jacob Dorry, a single person. MORTGAGEE: Homeland Mortgage, LLC. DATE AND PLACE OF RECORDING: Recorded June 9, 2009, Big Stone County Recorder, Document No. 165779. ASSIGNMENTS OF MORTGAGE: Assigned to: Riverwood Bank, Dated: June 8, 2009, Recorded: June 9, 2009, Document No. 165780. And thereafter assigned to: U.S. Bank, N.A., Dated: June 8, 2009, Recorded: June 9, 2009, Document No. 165781. TRANSACTION AGENT: NONE TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: NONE LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Homeland Mortgage, LLC RESIDENTIAL MORTGAGE SERVICER: U.S. Bank Home Mortgage MORTGAGE PROPERTY ADDRESS: 753 Lake Avenue, Ortonville, MN 56278 TAX PARCEL I.D. #: 220849000 LEGAL DESCRIPTION OF PROPERTY: THE SOUTH ONE HUNDRED (100) FEET OF THE EAST FORTY-EIGHT (48) FEET OF LOT TWENTY (20), BLOCK ONE (1), PARK ADDITION. COUNTY IN WHICH PROPERTY IS LOCATED: Big Stone ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $46,920.00 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $48,376.85 That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: February 17, 2011 at 10:00 AM PLACE OF SALE: Big Stone County Sheriff's Office, 20 SE Second Street, Ortonville MN 56278 to pay the debt then secured by said Mortg.age, and taxes, if any, on said premises, and the costs and disbursements, including attorneys' fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to F:ive (5) weeks under MN Stat. 580.07. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on August 17, 2011. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None 'q'HE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED." Dated: December 16, 2010. U.S. Bank, N. A. Mortgagee/Assignee of Mortgagee USSET, WEINGARDEN AND LIEBO, P.L.L.P. Attorneys for Mortgagee/Assignee of Mortgagee 4500 Park Glen Road #300 Minneapolis, MN 55416 (952) 925-6888 19-1614 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. (Jan. 4, 11.18, 25, Feb. 1 & 8, 2011) I MCCL thoughts for hfe By Carol Karels Love one another. This is a command from Jesus which you can read about in John 15. How far does that command extend? Love and respect for your spouse, children, parents and friends can be trying at times but they love you so it is easy to love them back. Loving one another extends to people suffering in other countries that you will never meet and can only help with giving money to missionaries or orgamzations. And extends to the babies that are developing in the womb and soon to be born and breathing on their own. The creation of every person is by God and He wants, commands us to love these babies. NOTICE DISTRICT COURT EIGHTH JUDICIAL DISTRICT PROBATE DIVISION STATE OF MINNESOTA COUNTY OF BIG STONE NOTICE OF INFORMAL PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS In Re: Estate of MERLYN CARL KERSTEIN, Deceased TO ALL INTERESTED PERSONS AND CREDITORS: Notice is hereby given that an application for informal probate of Oecedent's Will dated December 6, 2010, has been filed with the Registrar. The Application has been granted. Notice is also given that the Registrar has informally appointed Robert Bauer whose address is 229 Fair Street, Clinton, MN 56225, as Personal Representative of the Estate of the Decedent. Any heir, devisee or other interested person may be entitled to appointment as personal representative or may object to the appointment of the personal representative. Unless objections are filed with the Court (pursuant to Minn. Stat. 524.3-607) and the Court otherwise orders, the Personal Representative has full power to administer the Estate, including, after 30 days from the date of issuance of letters, the power to sell, encumber, lease or distribute real estate. Any objections to the probate of the Will or appointment of the Personal Representative must be filed with this Court and will be heard by the Court after the filing of an appropriate petition and proper notice of hearing. Notice is also given that (subject to Minn. Stat. 524.3-801) all creditors having claims against the Estateare required to present the claims to the Personal Representative or to the Court Administrator within four months after the date of this Notice or said claims will be barred. Dated: January 26, 2011 Sandee Tollefson, Registrar Julie Berger, Deputy Court Administrator Attorney for Applicant: CraigO. Ash Ash Law Office, LLC 25 Second Street NW #101 Ortonville, MN 56278 Attorney License No.: 0218157 Telephone: (320) 839-2551 Fax: (320) 389-2553 Email: craig @ (Feb. 1 & 8, 2011) NOTICE OF INTENT TO ADOPT THE BIG STONE COUNTY TOBACCO ORDINANCE 2011 PLEASE TAKE NOTICE that at the regular meeting of the Big Stone County Board of Commissioners to be held on the 15th day of February, 2011, at 9:00 a.m. in the Board Room of the Big Stone County Courthouse, 20 SE Second Street, Ortonville, Minnesota, the .Commissioners intend to adopt the Big Stone County Tobacco 'Ordinance 2011. The purpose of the Big Stone County Tobacco Ordinance 2011 is to regulate the sale, possession, and use of tobacco, tobacco products, tobacco related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco related devices, and nicotine or Iobelia delivery devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in M.S. 144.39. A copy of the Big Stone County Tobacco Ordinance 2011 is available at the auditor's office of the Big Stone County Courthouse, 20 SE Second Street, Ortonvflle, MN 56278 and is available for public review. Dated: January 28, 2011 Michelle R. Knutson Big Stone County Auditor (Feb. 1, 2010) PROCEEDINGS OF THE ORTONVILLE CITY COUNCIL Library Media Center 412 Second St NW, Ortonville, MN Monday, January 3, 2011 7:00 P.M. CALL TO ORDER AND ROLL CALL: Mayor David Dinnel called the Regular City Council Meeting to order at 7:00 P.M. Roll Call was taken with the following present: Mayor, Meyer, Reinke. Thomas, Berkner, Dorry, Doren. Absent: None. Staff Present: Char Grossman, Susan Lundell, Jason Mork, Travis Strasser, Sarah Karels, Christi Boyle. Media present: Mike Swenson (Independent). Also Present: Katie Meyer, UMVRDC. AGENDA AMENDMENTS: Add: 10.i. City Charter 10.j. City Council Workshop 10.k. Electronic Information A motion was made by Reinke and seconded by Doren and passed unanimously to approve the Agenda as amended. PUBLIC PARTICIPATION AND CORRESPONDENCE: Katie Meyer of the Upper Minnesota Vafley Regional Development Commission (UMVRDC) presented an All-Hazard Mitigation Plan for Big Stone County. She explained that Big Stone County contracted with UMVRDC to complete an All-Hazard Mitigation Plan and requested the continued participation from all cities within the county. Reinke moved and Berkner seconded that the following Resolution be adopted: RESOLUTION 11-001 RESOLUTION ADOPTING BIG STONE COUNTY ALL-HAZARD MITIGATION PLAN WHEREAS, the City of ORTONVILLE has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and WHEREAS, the Act establishes a framework for the development of a multi-jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the BIG STONE County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the BIG STONE County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the BIG STONE County Plan includes a maintenance or implementation process including plan updates, integration of the plan into ether planning documents and how BIG STONE County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the BIG STONE County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, BIG STONE County All- Hazard Mitigation Plan updates the existing All-Hazard Mitigation Plan adopted in May 2005; and WHEREAS, this is a multi- jurisdictional plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City of ORTONVlLLE supports the hazard mitigation planning effort and wishes to adopt the BIG STONE County All- Hazard Mitigation Plan. Upon roll call vote the following voted Aye: Berkner, Dinnel, Meyer, Thomas, Reinke, Dorry, Doren. Nay: None. This Resolution 11-01 was declared duly passed and adopted and was signed by the Mayor and attested to by the Clerk-Administrator this 3rd day of January 2011. CONSENT AGENDA: Mayor Dinnel asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. A motion was made by Meyer and seconded by Dorry and passed unanimously to approve the below listed Consent Agenda items as presented: 6.a. Minutes of City Regular Meeting 12-20-10 ACKNOWLEDGMENT OF RECEIPT BOARD/COMMISSION/COMMITTEE MINUTES AND WHERE NECESSARY, APPROVAL AND/OR ACTION ON RECOMMENDATIONS: a. Planning & Zoning Minutes 12-28- 10 1. Approve P & Z Recommendation to Approve Zoning Change-Parcel #22- 1631-000 from R-2 to B-1 and Set Hearing Date-02-07-11 A motion was made by Reinke and seconded by Doren and passed unanimously to call for a Public Hearing on Monday, February 7, 2011 at 7:00 P.M. in the Library Media Center located at 412 2nd St to consider rezoning Parcel # 22-1631-000, Lot A & SW 10' of Lot B of Outlot 137, from R-2 to B-I. 2. Approval of Plat for Lot A of Outlot 14 A motion was made by Doren and seconded by Reinke and passed unanimously to approve the Plat as presented for Lot A of Outlot 14. STAFF REPORTS: a. Clerk-Administrator Grossman stated that she is waiting to receive information from Carolyn Drude of Ehlers & Associates regarding.the City's ability to bond for an expansion of the Fairway View Senior Living Facility. NEW BUSINESS: a. Appointment of 2011 Fire Department Officers A motion was made by Dorry and seconded by Reinke and passed unanimously to appoint the following as the 2011 Fire Department officers: Fire Chief, Alan Arndt; Assistant Chief, Randy McLain; Secretary, Brent Nelson; Treasurer, Ron Athey; Training Officer, Dave Ellingson; Safety Officer, Dallas Hanson. b. Resolution Approving Official Depository, Newspaper, City Attorney, Radio Station Thomas moved and Meyer seconded that the following resolution be adopted: RESOLUTION 11-002 RESOLUTION APPROVING ANNUAL APPOINTMENTS BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that the following annual appointments are hereby approved: City Attorney - David McLaughlin, Pfluegel, Anderson, McLaughlin and Brutlag Official Newspaper - Ortonville Independent Official Radio Station - KDIO Radio Official Depositories - MINNWEST Bank Ortonville, Cenbank and 4 M Fund Upon roll call vote the following voted Aye: Berkner, Doren, Dorry, Dinnel, Meyer, Thomas, Reinke. Nay: None. Resolution 11-002 passed this 3rd day of January 2011. c. Resolution Approving Out of State Travel Policy A motion was made by Berkner and seconded by Reinke and passed unanimously to adopt the Out of State Travel Policy as presented. d. Reschedule Next Regular Council Meeting to Tuesday, January 18, 2011 A motion was made by Doren and seconded by Reinke and passed to reschedule the next Regular City Council Meeting to Tuesday, January 18 due to a holiday falling on the 17th. Nay: Dorry. e. Resolution Approving Basic Audit Fee and Agreement from Larson Allen- $13,400.00 Berkner moved and Reinke seconded that the following Resolution be adopted: RESOLUTION 11-003 RESOLUTION RETAINING LARSON ALLEN WEISHAIR & CO. LLP FOR 2010 CITY FINANCIAL AUDIT- $13,400.00 PLUS EXPENSES BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that the accounting firm of Larson Allen Weishair & Co. LLP is retained to perform the 2010 financial audit for the City of Ortonville in accordance with its engagement letter and that Mayor and City Clerk/Administrator are hereby authorized to execute necessary documents to carry out the intent of this resolution. The stated cost of completing the audit is $13,400.00 plus expenses. Upon roll call vote the following voted Aye: Berkner, Doren, Dorry, Dinnel, Meyer, Thomas, Reinke and the following voted Nay: None. Reso|ution 11-003 passed this 3rd day of January 2011. f. Resolution Approving Appointment of Officials/Committees/Commissions & Boards By Consensus of the Council this topic was moved to the Workshop Meeting to be held at 1:00 P.M. on Tuesday, January 11th in the Armory Building meeting room. g. Disposition of Old Ambulance #20- 1996 Ford 350-129,522 Miles Ambulance Coordinator Christi Boyle reported that Everest Vehicles is willing to list the City's #20 ambulance on their website for sale. A motion was made by Berkner and seconded by Meyer and passed unanimously to list the #20 ambulance on the Everest and the League of MN Cities websites for $10,000.00 on an "as is" basis for 3 months. h. Status of Ordinance # 2007-05 Annexing EDA property The Council reviewed a letter from City Attorney David McLaughlin stating that the final step necessary for the annexation of EDA land was not taken thus the land is still in the township. McLaughlin suggested submitting all the paperwork that was completed for the annexation to the Chief Administrative Law Judge for his approval. If it is approved the annexation Ordinance must be filed with the Big Stone County Auditor. If it is not approved the annexation process must be redone. A motion was made by Doren and seconded by Dorry and passed to file the Ordinance with the Chief Administrative Law Judge for approval. Nay: Berkner, Dinnel. Motion passed. i. City Charter Mayor Dinnel asked that the Council review the current City Charter for any needed changes. The Consensus of the Council was to bring suggested changes to the Charter to the Workshop Meebng to be held on Tuesday, January 11. j. Prioritize City Projects Council Member Berkner asked that the City Council hold a Workshop to review and prioritize proposed City projects. This and other issues will be considered at a Workshop held Tuesday, January 11. k. Electronic Information There was discussion regarding the need to upgrade to an electronic method of receiving City Council packets and other information. A motion was made by Doren and seconded by Thomas and passed unanimously to authorize Council Member Berkner to meet with Technical Advisor Barb Voecks to consider various options for upgradingto electronic mail. UNFINISHED BUSINESS: a. 2011 Clubhouse Lease Agreement There being no receipt of additional information from 2010 tenants Darwin Asmus and Nancy Skalbeck, the Council authorized a request for proposal be publicized for the operation of the Golf Clubhouse. The need for a Point of Sale System at the clubhouse was discussed. A motion was made by Doren and seconded by Reinke and passed unanimously to prepare a Request for Proposal for operation of the Golf Clubhouse in 2011. b. Clarification - Contributions to Chamber Clerk-Administrator Char Grossman asked for clarification of how the City will pay the Chamber the contribution of $8,000.00 for city-related projects. By Consensus of the Council it was agreed that the Chamber pay the bills first and submit them to the City for approval. It was also agreed that the Chamber show that lodging tax money is used for City- related tourism projects. An audit trail must be established for the City Auditors. CONSIDERATION OF BILLS: A motion was made by Doren and seconded by Meyer and passed to approve the expenditures as submitted. Abstain: Berkner and Dorry. Motion carried. ADJOURNMENT: There being no further business to come before the Council a motion was made by Thomas and seconded by Berkner and passed unanimously to adjourn the imeeting at 8:35 P. M. APPROVE: David Dinnel, Mayor ATTEST: Charleen Grossman, Clerk-Administrator Court report (Week of Jan. 26, 2011) MN State Patrol Jason Christopher Boyd, East Belkirk, MB, Speeding, 88/55, Fined $385. Terry Lee Dybdahl, Morris, Speeding, 80/55, Fined $225. Big Stone County Sheriff's Office Brian Michael Carlson, Clinton, Uninsured Vehicle, Fined $285. Tyler Gene Wenker, Speeding, 70/55, Fined $145. Joseph John Croatt, Madison, DWI, Fined, $1,500, Local Confinement Stay 90 days for two years, Supervised Probation, two years. Marshall Lee Taber, Beardsley, Disorderly Conduct, Damage to Property-4th Degree, Fined $185. Michael Allan Teske, Milbank, SD, DWI, Fined $435, Local Confinement, Stay 30 days for one year, Supervised Probation one year. Ortonville Police Department Tommy James Thatcher, Ortonville, Disposition: Stay of Adjudication, Disorderly Conduct, Fined $100. Kimberly Roberts, Milbank, SD, Drugs-Third Degree, Fined $135, Local Confinement, 10 months, Supervised Probation, 20 years, Commit to Commissioner of Corrections-Adult (MN Correctional Facility-Shakopee, 21 months, stay for 20 years. Ads Independent Get Noticed. (You're reading this one aren t you?) 00,orghum Checkoff referendum dates set The U.S. Department of Agriculture has finalized procedures for the upcoming referendtnn on the continuation of the Sorghum Checkoff Program and is announcing the dates it will conduct the referen- dum. For the program to continue, the Sorghum Promotion, Research, and Information Order requires that a ref- erendum be conducted no later than three years after the start of assess- ments, which began on July 1,2008. The order requires a simple majority vote in the referendum for the pro- gram to continue. USDA will conduct the referen- dum Feb. 1-28, 2011, at local Farm Service Agency (FSA) offices for pro- ducers and the Agricultural Marketing Service office, referenced below, for importers. Ballots may be obtained in person, by mail or facsimile at county FSA offices, or via the Internet at www.ams.usda,gov/sorghumpage. Any eligible person engaged in the production or importation of sorghum from July 1,2008, to Dec. 31,2010, is eligible to participate. Individuals are required to provide documentation such as a sales receipt or remittance form that shows they engaged in the production or importation of sorghum. The Sorghum Checkoff Program, and its 13-member board, is autho- rized by the Commodity Promotion, Research, and Information Act of 1996. The mandatory program is funded at the rate of 0.6 percent of the net market value on grain sorghum and 0.35 percent of the net market value of sorghum forage. Sorghum Checkoff is a national, coordinated, self-help marketing pro- gram designed to strengthen the posi- tion of sorghum in the marketplace, maintain and expand existing domes- tic and foreign markets and uses for sorghum, and develop new markets and uses for sorghum. The final procedures were pub- lished in the Nov. 18, 2010, Federal Register. The notice announcing the dates of the referendum were pub- lished in the Jan. 4, 2011, Federal Register. For more information, contact Kenneth R. Payne, Chief, Marketing Programs, Livestock and Seed Program, AMS, USDA, Room 2628- S, STOP 0251, 1400 Independence Avenue, SW, Washington, DC 20250- 0251; by calling (202) 720-1115; or faxing (202) 720-1125. 2009 VW Jetta TDI Diesel - $17,500 Heated Leather, Keyless, 13,000 miles 2007 Pontiac Grand Prix - $9,500 PW/PLO, Keyless, 56,000 miles Check out all of our cars on our new website: PRO Fi(JTO Kevin Backstrand OrtonvillQ, MN 320-839-7197 or 320-839-2911 Bierschbach Dental 605-432-5032 I NEW AND IMPROVED... HOBO SOUP Is Back In Town! Available locally at Hartman's Super Valu Foods, Pioneer Meat Market and Sausage Kitchen, MacDaddy' s C-Store, Carlson Drug and Berens Warehouse Foods. New Recipe... Now with NO MSG! DEEEEEEEELICIO US t. HOBO SOUP ".4 JUNGLE RECIPE FIT FOR A KING" Page 10 00INDEPENDENT Tuesday, Feb. 1,2011