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The Ortonville Independent
Ortonville, Minnesota
June 8, 2010     The Ortonville Independent
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June 8, 2010

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 " -'_-" ---' ,JlillllllljllJlillJ " =; ;" 3' llllllillilllWllWtlllnlllilllllllllillllgljl;AlllLl }.Lmiill MllllliLLlllJilllliJllJ - _ I' ; = .ll,Jll NOTICE various complaints. City staff will look Public notices into the issues. CERTIFICATE OF ASSUMED NAME CONSENT AGENDA: STATE OF MINNESOTA a. *Approval of Gambling Permit-Big Minnesota Statutes Chapter 333 Stone Health Care Foundation-Raffle at The filing of an assumed name does Golf Course-09-11-10 not provide a user with exclusive rights b. *Approval of Sale by Bids of NOTICE NOTICE to that name. The filing is required for Excess Police Department Property OF MORTGAGE OF MORTGAGE consumer protection in order ro enable A motion was made by Randleman FORECLOSURE SALE FORECLOSURE SALE consumers to be able to identify the true and seconded by Reinke and passed Date: June 18, 2010 NOTICE IS HEREBY GLVEN that owner of a business, unanimously to approve the Consent THIS COMMUNICATION IS FROM A default has occurred in conditions of the The exact assumed name under Agenda. DEBT COLLECTOR ATTEMPTING TO following described mortgage; which the business is or will be ACKNOWLEDGMENT OF RECEIPT COLLECT A DEBT, AND ANY DATE OF MORTGAGE: February 6, conducted: PCH DVD DESIGN AND BOARD/COMMISSIQN/COMMITTEE INFORMATION OBTAINED MAY BE 2008 DUPLICATION MINUTES: USED FOR THAT PURPOSE. THE ORIGINAL PRINCIPAL AMOUNT OF The address of the principal ;}lace of a. Planning Commission Minutes-06- RIGHT TO VERIFICATION OF THE MORTGAGE: $65,000.00 business: 38656 - 740TH AVENUE, 21-10 DEBT AND IDENTITY OF THE MORTGAGOR(S): Jeffery D. Wolff ORTONVILLE, MN 56278 b. Ortonville Community Center Board ORIGINAL CREDITOR WITHIN THE also known as Jeffrey D. Wolff The name and complete street Minutes-06-09-10 TIME PROVIDED BY LAW IS NOT - MORTGAGEE: The Buffalo Ridge address of all persons conducting A motion was made by Reinke and. AFFECTED BYTHIS ACTION. Bank business under the above Assumed seconded by Doren and passed YOU ARE NOTIFIEDTHAT:_ DATE AND PLACE OF RECORDING: Name, OR if an entity, provide the legal unanimously to acknowledge receipt of Default has occurred in the conditions Recorded February 6, 2008, Big Stone corporate, LLC or Limited Partnership the above minutes. of the Mortgage dated May 6, 2005, County Recorder, Document No. name and registered office address: STAFF REPORTS: executed by Bar H Farms, Inc.; Larry 163875 PCH PARADISE a. Statement of Reserves & Cash Haukos and Kathleen Haukos, LEGAL DESCRIPTION OF ENTERPRISES, LLC Account-05-31-10 individually, as Husband and Wife, as PROPERTY: Lot B of the Northeast 38656- 740TH AVENUE Clerk-Administrator Char Grossman Mortgagors to FARMERS AND Quarter (NEll4), Section Seventeen ORTONVlLLE/MN 56278 presented a Statement of Reserves and MERCHANTS STATE BANK OF (17), Township One Hundred Twenty- I certify that I am authorized to sign Cash as of May 31, 2010 for Council APPLETON, MN as Mortgagee and four (124) North, Range Forty-eight (48) this certificate and I further certify that I rewew. filed for record May 10, 2005, as West of the Fifth Princtpal Meridian, understand that by signing this b. Swimming Pool Update Document No. 159160, in the Office of according to the Auditor's Plat on file in certificate, I am subject to the penalties Pool Director Sarah Karels reported the County Recorder of Big Stone the Office of the County Recorder, Big of perjury as set forth in Minnesota that it is a busy year for the swimming County, Minnesota. The land described Stone County, Minnesota, in Book 4 of Statutes section 609.48 as if I had pool. in the Mortgage is not registered land. Plats, on page 239 signed this certificate under oath. c. 2011 Budget Committee Meeting. The Mortgage ahs been assigned as COUNTY IN WHICH PROPERTY IS Dated: June 29, 2010' The Council called for a Budget follows: N/A. LOCATED: Big Stone County Paul Hamann, Chief Manager Committee meeting on Thursday, July 8 The original principal amount'secured Property Address: 861 95 State of PCH Paradise Enterprises, LLC at 7:00 P. M. in the City Office. by the Mortgage was Four Hundred Highway 28, Beardsley, MN 56211 Paul Hamann, Contact Person d. City Office .Move to Armory Fifteen Thousand and no/100 Dollars Tax Parcel ID No.: 05-0167-000 320-839-2044 Clerk-Administrator Grossman ($415,00000). AMOUNT DUE AND CLAIMED TO (Aug. 3 & 10, 2010) reported that the City Offices have been No action or proceeding at law is now BE DUE AS OF DATE OF NOTICE, moved to the Armory. She stated that pending to recover the debt secured by INCLUDING TAxEs. ,F A., PA,o BY NOTICE the customer counter needs to be the Mortgage, or any part thereof. MORTGAGEE: $69,240.96 refurbished and estimated that a granite The holder of the Mortgage has That all pre-foreclosure requirements DISTRICT COURT facing and countertop would cost complied with all conditions precedent have been complied with; that no action EIGHTH JUDICIAl. DISTRICT $1,300.00. The Mayor asked her to to acceleration of the debt secured by or proceeding has been instituted at law PROBATE DIVISION consider a cheaper alternative. the Mortgage and foreclosure of the or otherwise to recover the debt secured STATE OF MINNESOTA NEW BUSINESS: Mortgage, and all notice and other by said mortgage, or any part thereof; COUNTY OF BIG STONE None. requirements of applicable statutes. PURSUANT to the power of sale. NOTICE AND ORDER OF HEARING UNFINISHED BUSINESS: At the date of this notice, the amount contained in said mortgage the above OF PETITION FOR PROBATE OF a. EDA Funding due on the Mortgage, and taxes, if any, described property will be sold by the WILL AND APPOINTMENT OF Clerk-Administrator Grossman aid by the holder of the Mortgage is: Sheriff of said county as follows: PERSONAL REPRESENTATIVE AND reported that money has not been 441,343.85 , DATE AND TIME OF SALE: August NOTICE TO CREDITORS (ANCILLARY transferred from the EDA to the City for Pursuant to the power of sale in the 26, 2010, at 10:00 a:m. PROCEEDING) the purpose of funding the EDA Mortgage, -the Mortgage will be PLACE OF SALE: Sheriff's Office, Big In Re: Estate of Coordinator's position Council Member foreclosed, and the land described as Stone County Courthouse, 20 Second FRANCIS C. RANN, Doren stated that the money would be follows: Street Southeast, Lower Level, Deceased, transferred this week. State of Minnesota, County of Big Qrtonvilte, Minnesota, to pay the debt TO ALL INTERESTED PERSONS b. Mowing Public Property near Stone: then secured by said Mortgage, and AND CREDITORS: Lundell Avenue The Southwest Quarter (SW1/4), taxes, if any, on said premises, and the It is Ordered and Notice is given that A complaint was received by the City Section Four (4); and the Northeast costs and disbursements, including on August 18, 2010, at 8:00 A.M., a regarding EDA property near Lundell Quarter (NEll4), Section Eight (8), attorneys' fees allowed by law subject to hearing will be held in this Court at Avenue that has not been mowed.- The Township One Hundred Twenty-one redemption within six (6) months from Ortonville,Minnesota, for the formal EDA has leased the property and the (121) North, Range Forty-four (44) West the date of saict sale by the probate of an instrument purporting to lessee will hay the property one time of the Fifth Principal Meridian the South Mortgagor(s), their personal be the will of the Decedent, dated July this season. The EDA is hoping to one-half of the Northeast Quarter ($1/2 representatives or assigns. 1, 2008, and for the appointment of negotiate a new lease for next'year that NEll4), Section Thirty-two (32); and the to pay the debt secured by said Thomas Thaden a/k/a Tom Thaden, will require more than one mowing. West one-half of the Northwest Quarter mortgage and taxes, if any, on said whose address is 203 23rd Avenue, CONSIDERATION OF BILLS: (W1/2 NWl/4), Section Thirty-three (33), premises and the costs and Sheldon, Iowa 51201, as ancillary a. Approve Expenditures Township One Hundred Twenty-two disbursements, including attorneys! fees Personal Representative of the Estate A motion was made by Reinke and (122) North, Range Forty-four (44) West allowed by law, subject to redemption of the Decedent in an UNSUPERVISED seconded by Randleman and passed to ofthe Fifth Principal Meridian. within six (6) months from the date of administration, approve the bills as presented with Property Address: 61930 Co. Rd. 64, =said sale by the Mortgagor(s), their Any objections to the petition must be Berkner abstaining. Correll, MN 56227 personal representatives or assigns, filed with the Court prior to or raised at ADDITIONAL INFORMATION: Parcel ID Nos. 01-0032-000, 01- MORTGAGOR(S) RELEASED F]ROM the hearing. If proper and if no objection a. City Attorney Reply to Norm 0063,000, 03-0201-000 and 03-0210- FINANCIAL "OBLIGATION i ON are filed or raised, the Personal Schultz request. City Attorney Dave 000 MORTGAGE: None | Representative will be appointed with McLaughlin stated a strip of land near will be sold by the County Sheriff of Big. THIS COMMUNICATION IS FROM A power to administer the assets of the Norm Schultz's Anchor Motel was Stone County, Minnesota, at public DEBT COLLECTOR. ATTEMPTING TO Estate in Minnesota including the power abandoned by the State of Minnesota auction on August 12, 2010 at 10:00 COLLECT A DEBT. ANY to collect all assets, pay all legal debts, and 1/2 of the property went to the a.m. at the Big Stone County Sheriff's INFORMATION OBTAINED WILL BE claims, taxes and expenses, and sell adjoining property owners on each side. Office, 20 SE 2nd Street, Ortonville, MN USED FOR THAT PURPOSE. real and personal property, and do all The City has no ownership) in the 56278. THE RIGHT TO VERIFICATION OF necessary acts for the Estate. property in question. The time allowed by law for THE DEBT AND IDENTITY OF THE Notice is also given that (subject to b. Charter Amendment. City Attorney redemption by Mortgagor(s) or ORIGINAL CREDITOR WITHIN THE Minn. Stat. 524.3-801) all creditors McLaughlinexpressed concern that the Mortgagor's personal representatives or TIME PROVIDED BY LAW IS NOT having claims against the Estate are proper procedures were not followed assigns is six (6) months after the date AFFECTED BY THIS ACTION. required to present the claims to the regarding a charter amendment adopted Personal Representative or to the Court in 2008. He suggested starting the of sale. THE TIME ALLOWED BY LAW FOR Administrator within four months after procedure over by first getting a proper THE TIME ALLOWED BY LAW FOR REDE MPTION BY THE MORTGAGOR, the date of this Notice or said claims will Charter Commission established. City REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL be barred. Clerk-Administrator Grossman was THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, Dated: July 26, 2040 asked to proceed with the proper steps. REPRESENTATIVES OR ASSIGNS MAY BE REDUCED TO FIVE WEEKS PeterA. Hoff, c. Updatect Ordinances. City Attorney MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, Judge of District Court McLaughlin suggested the City confirm Sandee Tollefson, that the Ordinances that appear on the UNDER MINNESOTA STATUTES, SECTION 582.032 DETElqMINING, Court Administrator City's website are up to date. SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE by Julie Berger, Deputy d. Hirin G EDA Community AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE Craig O. Ash, Attorney Coordinator. EDA member Angela MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL ASH&REEDSTROM Doren stated that the EDA has IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE 25 NW 2nd Street, Suite 101 authorized the hiring of Vicki Cakes as DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED Ortonvitle, MN 56278 full-time Community Coordinator as of UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, Telephone (320) 839-2551 July 1. She recommended that the City IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED. Attorney Reg. No, 0218157 Council hire Vicki Cakes on a full-time AND ARE ABANDONED. Dated: July 2, 2010 (Aug, 3 & 10, 2010) basis. FARMERS AND MERCHANTS STATE THE BUFFALO RIDGE BANK Doren moved and Berkner seconded BANKOF APPLETON Mortgagee/Assignee of Mortgagee that the followi'ng Resolution be Mortgagee or Assignee of Mortgage PEMBERTON, SOR"E, RUFER & PROCEEDINGS OF adopted: Attorneys for Mortgagee KERSHNER, P.L.L.P. RESOLUTION 10-087 or Assignee or Mortgage: By: Robert W. Bigwood THE ORTONVILLE RESOLUTION APPROVING NELSON, OYEN, TORVIK P.L.L.P. Attorneys for Mortgagee/Assignee of CHANGING EDA COMMUNITY by Stephen Torvik Mortgagee 221 North 1st Street 110 North Mill Street CITY C0U NCIL OEWl.O.E.T COO.O,.*O. PC Box 219 P.O. Box 866 POSITION FROM HALF-TIME TO Montevideo, MN 56265 Fergus Falls, MN 56537 City Council Room- FULL-TIME EMPLOYMENT Telephone: (320) 269-6461 218-736-5493 Library Media Center Upon roll call vote the following voted (June29, July6, 13,20,27&Aug. 3, (July6, 13, 20,27, Aug. 3& 10, 2010) 412 Second St NW, Ortonville, MN Aye: Berkner, Doren, Dinnel, Meyer, 2010) Tuesday July 6, 2010 Randleman, Reinke. Nay: None 7:00 P.M. Resolution 10-087 passed this 6th NOTICE CA" TO ORDER AND ROLL CALL: day of July 2010. Mayor David Dinnel called the ADJOURNMENT: NOTICE CE.T,F,CAE OF ASSUMED NAME Regular City Council Meeting to order at There being no further business to OF PUBLIC HEARING STATE OF MINNESOTA 7:00 P.M. Roll Call was taken with the come before the Council, Randleman NOTICE IS HEREBY GIVEN that the Minnesota Statutes Chapter 333 following present: Mayor Dinnel, Reinke, moved and Reinke seconded and the City Council of the City of Ortonville, The filing of an assumed name does Berkner, Doren, Meyer, Randleman. motion passed unanimously to adjourn Minnesota will hold a public hearing in not provide a user with exclusive rights Absent: Dorry. the meeting at 7:45 P. M. the council room at the Library Media to that name. The filing is required for Staff Present: Char Grossman, Susan APPROVED: Center located at 412 2nd Street NW in consumer protection in order to enable Lundell, Dave McLaughlin, Sarah David Dinnel the City of Ortonville, Minnesota at 7:00 consumers to be able to identify the true Karels. Mayor PM on Monday, the 16th day of August, owner of a business. Also Present: Marcy Stotesbery, Mel ATTEST: 2010, for the purpose of discussion of The exact assumed name under Ehlert, Alice Radermacher. Charleen Grossman the Five-Year Capital Improvement which the business is or will be AGENDA AMENDMENTS: City Clerk-Administrator Program in the City of Ortonville. conducted: MYSTIC RYDER Add: XII.a. EDA Funding All persons desiring to be heard on The address of the principal place of XIl.b. Mowing Public Land near this matter should attend this meeting business: 38656 - 740TH AVENUE, Lundell Avenue and make known their opinions. ORTONVILLE, MN 56278 Additiona Information: Charter Dated:July19,2010 The name and complete street Amendment BYORDER OFTHE CITY COUNCIL address of all persons conducting A motion was made by Berkner and OF THE CITY OF ORTONVILLE business under the above Assumed seconded by Reinke and passed Charleen Grossman, Name, OR if an entity, provide the legal unanimously to approve the Agenda City Clerk/Administrator corporate, LLC or Limited Partnership Amendments as presented. (July 27 & Aug. 3, 2010) name and registered office address: APPROVAL OF MINUTES: PCH PARADISE a. Approve Minutes of City Regular ENTERPRISES, LLC Meeting 06-21-10 NOTICE 38656- 740TH AVENUE A motion was made by Doren and ORTONVILLE, MN56278 seconded by Meyer and passed OF PRIMARY ELECTION I certify that I am authorized to sign unanimously to approve the Minutes as To the electors of the Election this certificate and I further certify that I presented. Precinct of the Township of Yellow understand that by signing this PUBLIC PARTICIPATION AND Bank in the County of Lee qui Parle, certificate, I am subiect to the penalties CORRESPONDENCE: State of Minnesota of perjury as set forth in Minnesota City resident Mel Ehlert registered Notice is herebygiven that a Primary Statutes section 6.09.48 as if I had Election will be held in the Election signed this certificate under oath. "lvj,., I o Precinct above named at Yellow Bank Dated: June 29, 2010 NEW FALL Town Hall on Tuesday, the tenth (10th) Paul Hamann. Chief Manager day of August, 2010, at which the polls of PCH Paradise Enterprises, LLC will be open from the hours of ten (10) Paul Hamann, Contact Person o'clocka.m tothe hour of eight (8)320-839-2044 ;K ,. MANUI)'''m ii__llllllllllh, i o'clock p.m. for the purpose of (Aug. 3& 10, 2010) nominating candidates which are to be voted for at the General Election to be held on Tuesday, the second (2nd) day of November, 2010.Dated: July 23, 2010Mary ....... Karels, Clerk Iir, - Arriving Daily! ~ Town of Yellow Bank t)on.e . ' HOURS- Wed. thru (,u,,,,,Au0,,o,o, lling Acres Save this paper for recycling A RAFFLE FOR CARLOS HUEBNER is being held with the items for the raffle on display in businesses in the Big Stone Lake Area. Items shown above include a Framed Charcoal Sketch donated by artist Rebecca Hillman (cousin to Carlos) and framed byLisa Berkner, golf club set with golf bag donated by Dr. Greg Peterson and the Ortonville Clubhouse, Custom made spinning rod donated by Jay Ross of JD Custom Rods, a quilt donated by Crandma Darlene Mohnsen and a Hunter's Quilt Throw made and donated by Kathy Haukos. The items will be on display Aug. 2-6 at Minnwest Bank, Aug.9-13 at First State bank in Big Stone City, Aug. 16-20 at CenBank in Ortonville and Aug. 23-27 at First Bank & Trustin Milbank, SD. Drawings will be held Sept. 7 at 10 a.m. on the 1350 KDIO-1510 KMSD Radio Auction. Need not be present to win. Free Laura Ingalls Wilder Museum bus tour Aug. 17 Sign up is underway for a free tour of the scenic and historic area of Laura Ingalls Wilder. author of the favorite Little House book series. Learn more about the real Ingalls and Wilder families and view memorabil- ia of the Little House on the Prairie television series. Enjo3) a few hours touring the Laura Ingalls Wilder Museum and Dugout site near Walnut Grove. A picnic lunch complete with "lunch pail" compliments of the Laura Ingalls Wilder Museum and catered by Nellie's Cafe is provided. The bus will stop at the Graceville Public Library at 7:45 a.m. on Tuesday, Aug. 17 and the Ortonville Public Library at 8:25 a.m. The bus will leave Walnut Grove approxi- mately 3:30 p.m. to return home. Aft expenses are paid: bus trip, museum admission and picnic lunch. Preregistration is required. Registration is limited to the first 54 people and will be closed once the bus is full. They will not be taking more than one bus. For more information, please con- tact the Ortonville Public Library at 320-839-2494 or the Graceville Public Library at 320-748-7332. MN Online High School Small school Big success stories Ready for college Ready for life 1.800.764.8166 x 111 JOHN PLATHE Cornrnizioner Count_E 12 years LQP Board of Adjustment 11 years LQP Resource Commission LQP feedlot task force Community President of Bellingham Elevator Board 12 years Bellingham  Fire/First Responders ! Bellingham/Or tonville 3 AUGUST 10, 2010 PRIMARY ELECTION LAND AUCTION Sat., Aug. 14 II:00 a.m. 30 Acres, More or Less, of Pasture & Land. Odessa Township, Big Stone County, MN Owner - Land located: From Odessa MN, 3 Miles North on Cty. Hw? 21, Then I Mile East on Cty Rd. 64. Auction Sale Location: Appleton. MN, Appleton Sports Center, N. Hwy. 59 Description - Approx. 30 Acres of Bare Land with 20 Acres of Pasture & 9.8 Tillable Acres- Sect. 4.Twp. 121 .Rg.45. NE 1/4. SE ]/4. SE 1/4 & S 1/2. SE I/4, SE I/4. Property is Suitable for Pasture. Farming, & Building. Terms- 10% down on sale day. The remainder to'be paid in full at closing within 45 days at Closing. Current Crop 2010 Wil] Re- main With Current Renter. Closing to be cofdueted by the Seller's Atty. The Property is Marked w th Signage & Can Linda .e Viewed At Any Time. For Questions, Arial Photo, & FSA Data, Contact John Meyer B@er 320-760-0478 or Dru Tosel 612- " 86t)-7143. . Auctioqeers & Clerks: Brown & Bake(Auction Co. & Real Estate, Appleton, MN John Bake - 76-11 320-760-0476 Dru Tose1612-860-7143 Tuesday, August 3, 2010 00INDEPENDENT Page 11 Ill' ? r  ' Tr I III