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Ortonville, Minnesota
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May 10, 2011     The Ortonville Independent
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May 10, 2011
 

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PROCEEDINGS OF WHEREAS, count,es across Minnesota NOTICE Public notices boast significant geographic, demographic THE BIG STONE and economic diversity that thus requires OF MORTGAGE maximum flexibility in programmatic FORECLOSURE SALE implementation; and NOTICE tS HEREBY GIVEN, that • NOTICE OF MORTGAGE FORECLOSURE SALE NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: April 03, 2007 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $128,900.00 MORTGAGOR(S): Delmon Fuglie and Linda Fuglie, husband and wife MORTGAGEE: Mortgage Electronic Registration Systems, Inc. DATE AND PLACE OF RECORDING: Recorded: April 04, 2007 Big Stone County Recorder Document Number: 162460 ASSIGNMENTS OF MORTGAGE: And assigned to: Nationstar Mortgage, NOTICE ORDINANCE NO. 11-07 AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY OWNED BY THE CITY OF ORTONVILLE The City of Ortonville, Minnesota, ordains as follows: 1. That the following described real property is no longer needed for municipal purposes: Lot Three (3), Block One (1), of Course-Air Fourth Addition, City of Ortonville, Minnesota• 2. The above-described real property will be sold to purchaser Jessica J. Swenson as an individual residential building lot on terms as follows: Purchase Price, $7,500.00; Special Assessments, $5,083.66 and other terms as set forth in the Purchase COUNTY BOARD April 19, 2011 The Big Stone County Board of Commissioners met in the Commissioner&apos;s Room at 8:30 AM on Tuesday, April 19, 2011. Chairman Athey c&led the meeting to order with Commissioners Berning, Olson, Sandberg and Wulff present. Also present were Mike Swenson of the Ortonville Independent, County Attorney Bill Watson and County Auditor Michelle Knutson. The Pledge of Allegiance followed. Motion by Sandberg, seconded by Olson and carried to approve the minutes of the April 5" regular meeting. Motion by Berning, seconded by Wulff and carried to approve the agenda• Commissioners reported on the following committees: Olson - Restructuring; Dream for Kids Sandberg - Restructuring WHEREAS, counties are willing and able to identify, implement and methodically verify increased programmatic efficiencies through• a process that .will cultivate and sustain a strong and trusting state-local partnership; and WHEREAS, transitioning to an outcomes- based system of program evaluation is in the best interest of every Minnesota citizen and government that desires to maximize public resources and enhance the quality of life in their community to the fullest extent possible. BE IT THEREFORE RESOLVED, that Big Stone County recommends that the Legislature and governor work cooperatively with all 87 counties to swiftly pass the MAGIC Act into law during the 2011 legislative session, thus implementing a system that will enhance and incent local government efficiency and innovation throughout Minnesota by: 1. Allowing counties to take any default has occurred in the conditions of that certain Mortgage dated August 16, 2007, executed by Terry L. Kirk and Nicole Kirk, husband and wife, as Mortgagors, to First Bank & Trust, as Mortgagee, filed with the Big Stone County Recorder on August 20, 2007, as Document No. 163167; That no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all notice provisions and conditions precedent as required by law; and that the mortgagee or assignee has elected to declare the entire sum secured by the note and mortgage to be immediately due and payable as provided in the note and mortgage; That the original or maximum principal amount secured by the mortgage was Fifty-Eight Thousand One Hundred Seventy and No/100 mortgagors, their personal representative or assigns within six (6) months from date of sale. The real property's street address is: 35942 - 794th Ave., Clinton, MN 56225. The real property's identification number is: 13-0447-000. Transaction agent: N/A Transaction agent.'s Mortgage identification number: N/A. Mortgage originator: First Bank & Trust. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by taw, the date on or before which the mortgagors 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 December 2, 2011. THE 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 LLC Dated: December 06, 2010 Recorded: January 03, 2011 Big Stone County Recorder Document Number: 168193 Transaction Agent: Mortgage Electronic Registration Systems, Inc. Transaction Agent Mortgage Identification Number: 100010401465662944 Lender or Broker: SunTrust Mortgage, Inc. Residential Mortgage Servicer: Nationstar Mortgage, LLC Mortgage Originator: Not Applicable COUNTY IN WHICH PROPERTY IS LOCATED: Big Stone Property Address: 37188 Lagoona Beach Rd S, Ortonville, MN 56278-2014 Tax Parcel ID Number: 04-0163-000 / 04-0160-010 LEGAL DESCRIPTION OF PROPERTY: Lot "F" of Outlot Two (2) of Government Lot One (1), Section Nineteen (19), Township One Hundred Twenty-two (122) North, Range Forty- six (46) West of the Fifth Principal Meridian, according to the Auditor's Plat on file in the office of the County Recorder, BigStone County, Minnesota, In Book 4 of Plats, on page 281 AND Lot "E" of Outlot Two (2) of Government Lot One (1), Section Nineteen (19), Township One Hundred Twenty-two (122) North, Range Forty- six (46) West of the Fifth Principal Meridian, according to the Auditor's Plat on file in the office of the County Recorder, Big Stone County, Minnesota, In Book 4 of Plats, on page 260 AND Lot "K" of Outlot Two (2) of Government Lot One (1), Section Nineteen (19), Township One Hundred Twenty-two (122) North, Range Forty- six (46) West of the Fifth Principal Meridian, according to the Auditor's Plat on file in the office of the County Recorder, Big Stone County, Minnesota, In Book 5 of Plats, on page 2. AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $131,491.50 THAT all pre-foreclosure requirements have been complied with; that no action or proceeding has been instituted at law or btherwise 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: June 16, 2011 at 10:00 AM PLACE OF SALE: Sheriff's Main Office, Courthouse, 20 SE Second Street, Ortonville, Minnesota to pay the debt secured by said mortgage and taxes, if any, on said premises and the costs and disbursements, including attorney 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. If the Mortgage is not reinstated under Minn. Stat. §580.30 or the property is not redeemed under Minn. Stat. §580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on December 16, 2011, or the next business day if December 16, 2011 falls on a Saturday, Sunday or legal holiday. Mortgagor(s) released from financial obligation: NONE THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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. THE 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: May 02, 2011 ASSIGNEE OF MORTGAGEE: Nationstar Mortgage, LLC Wilford & Geske, P.A. Attorneys for Assignee of Mortgagee Lawrence A. Wilford James A. Geske Agreement, and 3. The sale of any of the above- described lots shall be subject to the condition that the purchaser must construct a home on the lot within two (2) years of the purchase of said lot. Any agreement for the sale of such lots • shall provide that if purchaser fails to construct a home within (2) years of the purchase of the lot, the City shall have the option to, repurchase the lot at the original sale price. Upon roll call vote the following voted Aye: Berkner, Dorry, Meyer, Thomas and the following voted Nay: None. Passed by the Ortonville City Council this 2nd day of May 2011. APPROVED: Michael Dorry Mayor Pro Tem ATTEST: Chadeen Grossman City Clerk-Administrator (May 10, 2011) NOTICE Notice is hereby given that the Southwest Minnesota Workforce Council, the local Board responsible for coordinating the public workforce investment system in southwest Minnesota, is providing the public with an opportunity to review and comment on the Program Year 2011 Local Unified Plan Update for southwest Minnesota, which covers the period July 1, 2011 through June 30, 2012. If you are interested in reviewing and commenting on the Local Unified Plan Update you may do so from May 13, 2011, through June 13, 2011. Contact SW MN Private Industry Council Administrative Office, at 507-537-6987 to obtain a copy. Comments must be received no later than 4:00 p.m. on Monday June 13, 2011. Comments are to be submitted via mail, e-mail, or fax to: SW MN Private Industry Council, Inc. Administrative Office 607 West Main Street Lyon County Government Center Marshall, MN 56258 507-537-6987 (Phone) 507-537-6997 (Fax) jlauritsen @ swmnpic.org An Equal Opportunity Employer/ Provider (May 10, 2011) PROCEEDINGS OF THE ORTONVILLE CITY COUNCIL The following are highlights from the City Council meeting of April 18, 2011 Approved the use of RK, erside Park by Julian Boucher for a Trail Ride and overnight stay on June 7 provided they clean up the park after the event Tom Koop of Larson Allen gave the 2010 Audit Report Approved the Big Stone Food Group request to use 1 shelter in Lakeside Park for a Farmer's Market each Saturday from 8:00 A.M. to 12:00 P. M. May through October excepting Corn Fest Weekend. Approved Minutes of City Regular Meeting 04-04-11 Approved Minutes of City Board of Appeal and Equalization Meeting 04-04- 11 Adopted Terms and Conditions of Accepting Airport Improvement Program Grants Advertised for Bids for Sealcoat Advertised for Bids Bituminous Mix Per Ton Laid, Class 5 - 500 to 1,000 Tons, Pit Run 500 Tons, Sidewalk Removal Per Square Foot, Curb & Gutter Removal Per Lineal Foot, Install Sidewalk Per Square Foot, Install Curb & Gutter Per Lineal Foot Implemented a 5-ton weight restriction on the south half of the alley behind the City Shop in March and April of each year. Considered Utility Improvement Project for McCIoud Street to include a 28' Rural Street with Curb & Gutter Called for bids for the purchase of 9 air release valves and vacuum valves for the replacement of valves located on the main sanitary sewer force main not to exceed $40,000.00 All Red Cross Associated swimming lessons will be increased by $5.00 * Private swimming lesson fees will be increased from $45.00 to $50.00 for 4 lessons and from $65.00 to $80.00 for 8 lessons. Set a $100.00 refundable deposit and a $35.00 user fee for the use of the Lakeside Park Concession Stand for the Wulff- RC&D; Toqua Park Berning - Supporting Hands; Countryside Public Health Attorney Watson provided an update on his office's activities. Motion by Olson, seconded by Sandberg and carried to authorize payment of the following claims as presented by Auditor Knutson: CPUI $ 3,967•33 Kris Engineering 6,541.99 Ortonville Independent 4,116.85 Traverse County 2,700.00 Twin Valley Tire 5,142•71 West Con 4,835.00 Ziegler Inc 4,110.59 52 Pits Less Than $2,000 17 383.62 Total $48,798•09 Motion by Olson, seconded by Wulff and carried to approve an internal transaction of $6,140•35 from General to Highway. Motion by Wuiff, seconded by Sandberg and carried to approve the Off Sale Beer License for Lakeshore RV Park. Motion by Sandberg, seconded by Berning and carded to execute the 6- month lease agreement for a storage shed at Big 12 Storage for April through September• Following discussion, motion by Olson, seconded by.Sandberg and carried to send a letter to Representative Falk urging him to support a House bill regarding county- based purchasing language as requested by PrimeWest. Liz Auch and Julie Kunrath from Countryside Public Health were present to provide an update on the Statewide Health Improvement Program (SHIP) and the related activities in the County• HR Director Sue Schultz reported that the time period for turning in applications for the Toqua Park positions was extended to April 20'". HR Director Schultz also reported that a grievance had been filed against the County and that the Personnel Committee will be meeting and will report back to the Board at a later date. Motion by Olson, seconded by Sandberg and carried to adopt the following resolutions as presented by Emergency Manager Jim Hasslen: 2011-33 WHEREAS, the County of Big Stone, Minnesota, has sustained severe losses of a major proportion, brought on by flooding commenced on March 19, 2011; and WHEREAS, Big Stone County is a public entity within the State of Minnesota; and WHEREAS, the following conditions exist in Big Stone County as a result of flooding: . numerous township, county and state roads are underwater; public and private buildings are either damaged or likely to be damaged by flooding. NOW, THEREFORE, BE IT RESOLVED, that the Chairperson of Big Stone County, acting on behalf of and for the pepple of Big Stone County, declare that a state of emergency exists within Big Stone County, with all the powers and responsibilities attending thereto as provided by Chapter 12, Minnesota Statute, and Big Stone County Emergency Plan Resolution, dated January 6, 2004. 2011-34 WHEREAS, the County of Big Stone has sustained severe losses of major proportion, caused by flooding starting on the date of March 19, 2011; and WHEREAS, Big Stone County is a public entity within the State of Minnesota; and WHEREAS, substantial damage has been sustained to public/private property, as outlined in the attached damage assessment forms; and WHEREAS, the cost of recovery from this disaster is beyond the resources available within the County, and state and federal resources are necessary. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners, for and on behalf of the citizens of Big Stone County, request the Governor of the State of Minnesota to petition the President of the United States to declare the County of Big Stone, Minnesota to be a major disaster area, through appropriate channels. BE IT FURTHER RESOLVED, that this request is for: The Public Assistance (Infrastructure Support) Program only. BE IT FURTHER RESOLVED, that the County Emergency Management Director is authorized to coordinate the damage assessment teams with local government, and assist in the administration of the disaster recovery process, as needed. Motion by Sandberg, seconded by Olson and carried to execute the Technology Support Services Contract with the Ortonvitte School District. IT Systems Technician Terry Ocafia provided an update on GIS. Motion by Olson, seconded by Wuiff and carried to approve the recommended GIS fee schedule as follows: $250 per year subscription 8425 Seasons Parkway, Suite 105 Border Walleye Challenge on April 30, $150 for a one time shape file IT Systems Technician Ocafia also Woodbury, MN 55125-4393 2011. reported that the newly designed County (651) 209-3300 Authorized entering into a Letter of File Number: 019531F01 Agreement with Ortonville Area Health website is up and running and includes the (May 3, 10, 17, 24, 31 & June 7, 2011) Services for the Hell-pad services linktothe GIS information. contingent upon the approval of the City SWCD Technician Darrin Welle presented the Big Stone SWCD Annual Attorney 00Save this Entered into a contract with Short Report for 2010. Administrative Assistant Elliot Hendrickson Inc. for engineering Tammy Neubauer and Supervisor Vernon services for the Airport Zoning Update Johnson were also present• paper for at a cost of $12,600.00 Motion by Olson, seconded by Berning Ortonville Ambulance Service and carried to adopt the following recycling proposed buying an oxygen cylinder resolution: 2011-35 filling station and an oxygen generator WHEREAS, Minnesota is consistently Approved 1st Reading of Ordinance placed at or near the bottom of national Court report (Week of May 3, 2011) Big Stone County Sheriff's Office Dylan Mark Jorgensen, Ortonville, Speeding, 74/55, Fined $145. Jordan Lee Wachter, Ortonville, Disorderly Conduct, Fined $135. 11-07 An Ordinance Authorizing the Sale of Lot 3, Block 1, Course Air Fourth Addition Approved Entering into a Grant Agreement with the MN Department of Health for Source Water Protection Plan Implementation Received permission from First English Lutheran Church to install a handrail on their retaining wall above the Senior Center (May 10, 2011) measures that assess the capacity for local government innovation in all 50 states; and WHEREAS, Minnesota and its counties face significant demographic trends that will require innovative approaches to program delivery in order to adequately meet the growing and changing needs of citizens; and WHEREAS, counties with innovative ideas should be provided the requisite opportunity and flexibility to successfully implement those ideas so as to best serve their communities; and action not prohibited by state law to provide for the health, safety and general welfare of•the public; and 2. Creating a measured, outcomes- based waiver process whereby counties, in partnership with the legislative and executive branch of state government, can implement efficiency-based, time- limited pilot programs that are subject to final review by the Legislature and Governor and will create a repository of best practices so as to improve long- term policy decisions across the state. Attorney Watson left the meeting. Following a break, Upper MN River Watershed District representatives Dianne Radermacher and Deanna Lundberg and board managers Bob Toelle, Loren Harste, Terry Gillespie and Gary Haugen were. present for an update on permitting. Environmental Officer Darren Wilke was also present. Don Kleven and Bruce Freske of the US Fish & Wildlife was present to request certification of acquisition of lands for habitat easements in Odessa Township. Motion by OIson, seconded by Beming and carried to certify for acquisition the following described property: 1. T121N, R45W, 5 'h P.M., Section 22, the SE% (EXCEPTING THEREFROM OL1 thereof); and EXCEPT 4 acres in the NE corner of the SE%; AND the E1/2EV2NEA and the Wl/2WV2WV2NE1A, subject to road ROW, AND also subject to a perpetual easement for the purposes of ingress and egress along a strip of land described as the Sly 50' of the E1ASE%NE1/4 for the purpose of granting ingress and egress to the Wl/2SE%NEIA. (Tract will be surveyed at the expense of the FWS to determine a legal description and total acres.) 2. T121N, R45W, 5 lh P.M., Section 36, the Wl/2NW1A and the SE%NW% lying N of RR, SUBJECT to easements of record and visible on premises. (Tract will be surveyed at FWS expense to determine a legal description and total acres.) Chairman Athey adjourned the meeting .... at 10:37 AM. Michelle R. Knutson, Auditor Wade Athey, Chairman DOLLARS ($58,170.00); That there is due and claimed to be due on the mortgage, including interest to date hereof, the sum of Sixty Thousand Two Hundred Fifty-Three and 71/100 DOLLARS ($60,253.71); And that pursuant to the power of sale therein contained, said mortgage will be foreclosed and the tract of land lying and being in the County of Big Stone, • State of Minnesota, described as follows, to-wit: Lot Fourteen (14), Loupoint Beach, being a subdivision of Government Lot Two (2), Section Nine (9), Township One Hundred Twenty-Two (122) North, Range Forty-Seven (47) West of the Fifth Principal Meridian, According to the Plat thereof on file and of record in the Office of County Recorder in and for Big Stone County, Minnesota; will be sold by the sheriff of said county at public auction on the 2nd day of June, 2011, at 10:00 o'clock a.m., at the Big Stone County Sheriff's Office, 20 S.E. Second Street in the City of Ortonville, in said county and state, to pay the debt then secured by said mortgage on said premises and the costs and disbursements allowed by law, subject to redemption by the 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. THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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. Dated this 25th day of March, 2011. First Bank & Trust, Mortgagee Is/Jeff C. Braegelmann Jeff C. Braegelmann #174701 GISLASON & HUNTER LLP Attorneys for Mortgagee 2700 South Broadway P. O. Box 458 New UIm, MN 56073-0458 Phone: 507-354-3111 Fax: 507-354-8447 (April 5, 12, 19, 26, May 3 & 10, 2011) _ 00SET SOUL Funs Yunu nAY yy i i Iv ..... ,. Accepting Mowing Bids The Ortonville EDA is accepting closed bids for mowing four EDA properties which are located on First, Second and Third Streets in Ortonville. Bid packets can be picked up at: EDA Office 987 US Hwy, 12 (Museum/Chamber building) Ortonville, Minnesota BID DEADLINE: .Noon on May 17, 2011 GET YOUR CROP IN EARLY WHILE MANAGING YOUR SOIL PREP NEEDS. • The New Salford RTS (Residue Tillage Specialist) is the ideal tool for today's high residue farming methods. • Cut and distribute crop residue while warming the soil to a shallow depth to create an ideal seedbed. S3S QUADTRACK, two 30' SALFORD TILLAGE TOOLS, one 30' RTS & one 30' EXTREMEI available for spring work! " i" < ,4" : ::%:: : ;'i:) !;,: | :iii FOR RENT OR FOR HIRE! Take the Hassle Out of Spring 72417 U.S. Hwy. 12 • Ortonville, MN 56278 Phone 320.839.9929 • Cell 320.760.3972 Fax 320-389-9939 dmaas@orton villemn, net Page lO 00INDEPENDENT Tuesday, May 10, 2011