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Ortonville, Minnesota
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December 27, 2011     The Ortonville Independent
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December 27, 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: August 24, 2006 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $54,400.00 MORTGAGOR(S): James A. Haugen and Brenda Haugen, husband and wife MORTGAGEE: Mortgage Electronic Registration Systems, Inc. TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc. MIN#: 100077910006833285 LENDER: Decision One Mortgage Company, LLC SERVICER: Bank of America, NA DATE AND PLACE OF FILING: Filed August 29, 2006, Big Stone County Recorder, as Document No. 161523 ASSIGNMENTS OF MORTGAGE: Assigned to: THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2006-BC5; Dated: July 28, 2011 filed: August 4, 2011, recorded as document number 169043 LEGAL DESCRIPTION OF PROPERTY: Lot Five (5), Block One (1), Sky View Addition to the City of Ortonville, being the Northerly 130 feet of the Southerly 163 feet of the East 50 feet of the West Half of the West Half of the Southeast Quarter of the Southwest Quarter (W1/2 W1/2 SE1/4 SWl/4) of Section Four (4), Township One Hundred Twenty-one (121), Range Forty-six (46) PROPERTY ADDRESS: 525 Stephens Avenue, Ortonville, MN 56278 PROPERTY IDENTIFICATION NUMBER: 22-0976-000 COUNTY IN WHICH PROPERTY IS LOCATED: Big Stone THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE OF DATE OF THE NOTICE: $70,063.72 THAT all pre-foreclosure requirements have been complied with; 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: January 19, 2012, 10:00 a.m. PLACE OF SALE: Sheriff's main office, 20 SE 2nd Street, Ortonville, MN 56278 to pay the debt then secured by said mortgage, and taxes, if any, on said premises and the costs and disbursements, including attorney's fees allowed by law, subject to redemption within 6 months from the date of said sale by the mortgagor)s) the personal , representatives or assigns. 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 July 19, 2012. "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 qN AGRICULTURAL PRODUCTION, AND ARE ABANDONED. i Dated: November 29, 2011 i ' THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2006-BC5, Assignee of Mortgagee SHAPIRO & ZIELKE, LLP by Lawrence P. Zielke - 152559 ,Diane F. Mach - 273788 ~: Melissa L. B. Porter - 0337778 Randolph W: Dawdy - 2160X Ronald W. Spencer - 0104061 Stephanie O. Nelson - 0388918 Attorneys for Mortgagee 12550 West Frontage Road, Ste. 200 Burnsville, MN 55337 (952) 831-4060 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT. YOU ARE ADIVSED THAT TH~ OFFICE IS DEEMED TO BE A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS NOTICE IS REQUIRED BY THE PROVISION OF THE FAIR DEBT COLLECTION PRACTICES ACT AND DOES NOT :IMPLY THAT WE ARE ATTEMPTING TO COLLECT MONEY FROMANYONE WHO. HAS DISCHARGED THE DEBT UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES. (Dec. 6, 13, 20, 27, 2011, Jan. 3 & 10, 2012) NOTICE OF DISSOLUTION OF CRD HYDROELECTRIC, LLC NOTICE IS HEREBY GIVEN THAT: 1. CD Hydroelectric, LLC (CRD)has dissolved and is in the process of winding up its affairs; 2. CRD filed a Notice of Dissolution with the Minnesota Secretary of State on October 20, 2011. 3. Written claims against CRD must be presented to 25 Northwest Second Street, Suite 102, Ortonville,Minnesota. 4. All claims must be recieved by March 5, 2012 which is not later than 90 days after published notice. Any claim not presented by March 5, 2012 shall be barred under M.S.A. §322B, 816, Subd. 04(c). " Dated Nov. 29, 2011 David C. McLaughlin, Registered Agent of CRD Hydroelectric, LLC (Dec. 6, 13, 20 & 27, 2011) PUBLIC NOTICE CLOSE PROXIMITY OWNERS AND LOCAL OFFICIALS BIG STONE COUNTY PLANNING COMMISSION Notice is hereby given that the Big Stone County Planning Commission will hold a public hearing on Thursday, January 5, 2012 in the Memorial Building at 7:30 PM in Clinton, MN. Conditional Use Permit: Strata Corporation - Bill LaFondl Project Manager Property Owners: Gayle Hedge and Colleen M. Hedge Legal Description: That part of Township One hundred twenty-one (121) North, Range Forty-six (46) West, ORIGINAL, Big Stone County, Minnesota, described as follows: The South Half of the Southwest Quarter ($1/2 SW1/4) lying southwesterly of the railroad right of way in Section Fifteen (15) of said Township. That part of Government Lot Five (5) lying southerly of the railroad and easterly of the center of the Whetstone Diversion Channel and Government Lot Six (6) easterly of the Whetstone Diversion Channel, all being located in Section Sixteen (16) of said Township. That part of Northeast Quarter of the Northeast Quarter (NEll4 NEll4), Government Lot One (1), Government Lot Three (3), and Government Lot Four (4), all being located easterly of the center of the Whetstone Diversion Channel, and all being located in Section Twenty-one (21) of said Township. That part of the Northwest Quarter (NWl/4) lying southerly of the railroad right of way, EXCEPTING Outlet 2; Government Lots One (1) and Two (2) lying easterly of the center line of the Whetstone Diversion Channel; and the East Half of the Southwest Quarter (El/2 SW1/4) and the South Half of the Southeast Quarter (S1/2 SEll4), EXCEPT Outlets One (1) and Three (3), all located in Section Twenty-two (22) of said Township. Said tract contains 478 acres more or less and is subject to any easements of record. The applicant is requesting a conditional use permit to establish a 100+ acre granite quarry on the above described property which is zoned as Agricultural and Open Space District. The request complies with Sections 8.2.3.3. and 8.4.3.2. of the Big Stone County Land and Related Resources Management Ordinance, 2011. All persons interested may appear and be heard at said time and place, or submit views in writing or by representative. If you know of any interested property owner who, for any reason, has not received a copy of this notice, please inform him/her of the time and place of the hearing. Dated: December 21,2011 By the order of the Big Stone County Planning Commission Ronda Maas, Deputy Environmental Officer 20 SE 2nd Street Ortonville, MN 56278 (Dec. 27, 2011) NOTICE DISTRICT COURT EIGHTH JUDICIAL DISTRICT PROBATE DIVISION Court File No,: 06-PR-11-328 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 MURIEL L. SHERMAN, a/Ida MURIEL LORRAINE RACHEL SHERMAN, Deceased Notice is given that an application for informal probate of the Decedent's Will • dated October 26, 2007 has been filed with the Registrar.The application has been granted. Notice is also given that the Registrar has informally appointed Donald K. Sherman, whose address is 118 Third Street SE, Ortonville, MN 56278 as Personal Representative other 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 M.S. 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 the Court and will be heard by the Court after the filing of an appointment petition and proper notice of hearing. Notice is also given that (subject to M.S. 524.3-801, all creditors having claims against the Estate are required to present the claims to the Personal Representative or to the Court Administrator within four months after the date of this Notice or the claims will be barred. Dated: December 22, 2011 Julie Berger, Registrar Sandee Tollefson, Court Administrator William J. Watson Attorney for Applicant 37 NW Second Street Ortonville, MN 56278 (320) 839-6197 Attorney License No: 114911 (Dec. 27, 2011 & Jan. 3, 2012) NOTICE ORDINANCE NO. 11-017 ORDINANCE APPROVING NATURAL GAS FRANCHISE FEES STATEMENT OF INTENT AND PURPOSE AN ORDINANCE establishing a franchise fee for each company, person, firm, or corporation, and their successors and assigns, that owns, operates, controls, leases, or manages any gas plant or system to generate, manufacture, distribute, convey, or sell natural gas or artificially manufactured gas for power, light, fuel, heat, and other purposes (the "Gas Company") within the City of Ortonville. THE CITY COUNCIL OF THE CITY OF ORTONVILLE, MINNESOTA DOES ORDAIN AS FOLLbWS: Article 1 : Franchise Fee Section 1.1 Consistent with Minnesota law, a franchise fee iS hereby imposed on each Gas Company. The first component of the franchise fee shall be a monthly fee per meter as follows: Customer Class Monthly Per Meter Fee Residential .............. $1.50/month/meter Small Commercial & Industrial ........... $1.50/month/meter Large Commercial & Industrial ........... $1.50/month/meter Interruptible .......... $1.50/month/meter If any premises have two or more meters being billed at differer!t rates, the franchise fee shall be the rfTonthly fee for each meter according to the customer classification for that meter. Section 1.2 The second component of the franchise fee shall be a volumetric fee in an amount equal to the result of multiplying $0.013 times each 100 cubic feet of gas by volume transported, sold, furnished, or delivered by the Gas Company within the City limits, using any of the Gas Company's services or facilities. The franchise fee rates provided in Section 1.2 shall be adjusted annually for inflation, based upon the most recent Urban Consumer Price Index inflation adjustment rates. Such adjustment shall not require formal amendment to this Ordinance. Article 2: Fee Payment Section 2.1 Franchise fees shall be paid to the City quarterly, based upon a calendar year, with payment due by the 30th day of the month after the end of each quarter. Payment shall be adjusted for amounts billed but uncollectible after reasonable efforts of collection by the Gas Company. Section 2.2 With each payment, the Gas Company shall provide information to summarize how the franchise fee payment was determinedJ The City shall have access to and the right to examine during normal business hours those of the Gas Company's books, receipts, files, records, and documents that are reasonably necessary to verify the correctness of franchise fee payments. Section 2.3 The Gas Company may, in its sole discretion, impose a surcharge equivalent to the franchise fee in its rates for gas service. The Gas Company shall be responsible to obtain any necessary approvals to impose the surcharge upon its customers. Such approval process shall not delay the effective date of the franchise fee. Article 3: Effective Date This Ordinance shall be effective immediately upon its passage and publication according to law. Collection of the franchise fees shall commence no later than sixty (60) days after the publication date of the Ordinance. PASSED AND APPROVED by the Ortonville City Council this 19th day of December, 2011. SIGNED: David Dinnel, Mayor ATTEST: Charleen Grossman, Clerk-Administrator (Dec. 27, 2011) PROCEEDINGS OF THE BIG STONE COUNTY BOARD SPECIAL MEETINGS November 22, 2011 The Big Stone County Board of Commissioners met in the Commissioner's Room at 9:00 AM on Tuesday, November 22, 2011. Chairman Athey called the meeting to order with Commissioners Berning, Olson, Sandberg and Wulff present. Also present were HR Director Sue Schultz and County Auditor Michelle Knutson. The Pledge of Allegiance followed• Chairman Athey stated that the meeting will be closed for the purpose of conducting performance evaluations of Department Heads Gale Mittelstaedt, Darren Wilke, Sandy Void and Nick Anderson pursuant to MN Statute 13D.05 subd.3(a). Motion by Olson, seconded by Sandberg and carried to close the meeting at 9:01 AM. Auditor Knutson left the meeting. Motion by Wulff, seconded by Sandberg and carried to open the meeting at 11:30 AM. Chairman Athey adjourned the meeting at 11:31 AM. November 29, 2011 The Big Stone County Board of Commissioners met in the Commissioner's Room at 9:00 AM on Tuesday, November 29, 2011. Chairman Athey called the meeting to order with Commissioners Olson, Sandberg and Wulff present. Commissioner Berning was absent. Also present was HR Director Sue Schultz. Chairman Athey stated that the meeting will be closed for the purpose of conducting performance evaluations of Department Heads Dan Meyer, Terry Ocafia, Jim Hasslen, and Sue Schultz pursuant to MN Statute 13D.05 subd.3(a). Motion by Sandberg, seconded by Olson and carried to close the meeting at 9:04 AM. Motion by Olson, seconded by Sandberg and carried to open the meeting at 10:30 AM. Chairman Athey adjourned the meeting at 10:30 AM. REGULAR MEETING December 1,2011 The Big Stone County Board of Commissioners met in the Commissioner's Room at 4:30 PM on Thursday, December 1, 2011. Chairman Athey Called 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 Berning, seconded by Sandberg and carried to approve the minutes of the November• 15" regular meeting. Motion by Sandberg, seconded by Wulff and carried to approve the agenda. Commissioners reported on the following committees: Olson, RDC; PrimeWest Sandberg - Audit; MSI Wulff - Park Motion by Olson, seconded by Wulff and carried to authorize payment of the following claims as presented by Auditor Knutson: Cretex Concrete Products $ 31,772.53 Tom Heck 5,074.00 L.G. Everist 2,051.36 Ronglien & Sons 11,292.50 William Watson 4,109.88 West Con 8,828.55 61 Pymts Less Than $2,000 15,795•73 Total $78,924.55 Auditor Knutson reported that the Audit Committee had met and are recommending the adoption of the presented Fund Balance Policy as required by GASB 54. Motion by Oison, seconded by Sandberg and carried to adopt the Big Stone County Fund Balance Policy as recommended. Motion by Wulff, seconded by Berning and carried to approve the $100,000 loan request from the Upper MN River Watershed District for the Highway 12 Flood Mitigation Project. The loan will be at 6% interest payable in 3 annual installments beginning December 1, 2012. Motion by Sandberg, seconded by Olson and carried to adopt the following resolution: 2011-47 WHEREAS, County SAP 006-622-006 has in all things been completed and the County Board being fully advised in the premises. NOW THEN BE IT RESOLVED, that the Board hereby accepts said completed project for and on behalf of the County of Big Stone, and authorize final payment to Ronglien & Sons Excavating, Inc. in the amount shown on final pay estimate. Discussion was held on ditch balances and needed assessments for 2012. Environmental Officer Darren Wilke reviewed the Natural Resources Block Grant Agreement with the Board. Motion by Sandberg, seconded by Berning and carried to execute the Natural Resources Block Grant Agreement and appoint Environmental Officer Wilke as the authorized representative. Motion by Wulff, seconded by Berning and carried to execute the 2011 Emergency Management Performance Grant (EMPG) Agreement with the State of Minnesota as presented Emergency Management Director Jim Hasslen. Motion by Olson, seconded by Wulff and carried to hire Ailsa Nowacki for the part- time Officer Clerk/Appraiser position at Grade 7 Step 1 contingent upon satisfactory completion of reference checks as recommended by HR Director Sue Schultz• Discussion was held o0 the setting of salaries for the elected department heads. Motion by Olson, seconded by Wulff and carried to approve the following for non- union employees: • For 2012 - 2% COLA and $20 per month Cafeteria Contribution Reduction • For 2013 - 1% COLA and $20 per month Cafeteria Contribution. Increase • Beginning in 2012 Cafeteria Contribution Increase. for Part-time Employees: 35-49% of full-time $150 per month 50-74% of full-time $200 per month 75-99% of full-time $250 per month • Employees hired on or after January 1, 2012, would not receive a sick leave payout upon resignation or a 50% payout of sick leave balance over 100 days at year end. Attorney Watson left the meeting. Chairman Athey called the hearing to order at 6:00 PM to take public comment on the County's 2012 budget and levy. Richard Mueller was present. Information was distributed for review. Following a brief discussion with Mr. Mueller regarding value changes and tax implications, the hearing was closed. Chairman Athey adjourned the meeting at 6:13 PM. Michelle R. Knutson, Auditor Wade Athey, Chairman Court report (Week of Dec. 20, 2011) DNR James Finlay Atkinson, Wayzata, DNR Rule-Wildlife Management-leave stand on WMA, Fined $125. Finlay Falk Atkinson, Wayzata, DNR Rule-Wildlife Management-leave stand on WMA, Fined $125. Big Stone County Sheriff's Office Troy Donald Carrington, Graceville, Traffic-DL-Driving after cancellation- inimical to public safety (Not applicable- GOC), Fined $500, Unsupervised proba- tion two years, Local Confinement, Stay 116 Days for two years. MN State Patrol Brittany Ann Jorgenson, Ortonville, Speeding, 65/55, Fined $125. Millard Glen Voeltz, LaBolt, SD, Speeding, 79/55, Traffic Regulation-Seat Belt Required-Driver and Passengers Must Use, Fined $180. James E. Krupke, Roselle, IL, Speeding, 78/55, Fined $225. Andrew Donald Hoffman, Mankato, Fireworks-Explosive-Less than 35 pounds, Fined $100. Ortonville Police Department Desa Rae Heck, Ortonville, Theft- Take/Use/Transfer Movable Prop-No Consent, Fined $191, Unsupervised Probation one year, Local Confinement, Stay 10 days for one year. i BUSY MAKING CHRISTMAS TREES for the holiday season were Mrs. Lynn Keller's first grade class in Ortonville. Lynn's mother, Cathy Mueller, helped the class make the trees, .... iiiiiiii!iiiiiiiii!i!iiiiii iiiiiiiiiiiiiiiiiiiii!ilili iiiiiiiiiiiiiiiiiiiiiiiiiii i;iiiiiiiiiiiiiiililili!ill ::: ii ~[gB~hliMD Peier Reynen MD Nanci Van Peursem, MD Brenda Holscher, PA-C Patrick Dreis, PA-C Crispin Webb, MD ~i~i~!~i~i~iii~iiiiiiiiiiiiiiiiiiiiiiiiiiiii!!;iiiiiiiiiil;ii!!!iiiiiiiii Peggy Schuelke, CNP i ii!!iiil !iiiiiiiiiiiiiiiiiii!iiiiiiiiiiiiiiiiiiiiiiiiii!il ii !iii I ................ i ! ii i!i!iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ~ ~ i!iiiili!!!iiii!!ii~iiiiiiiii!iiiiiiiiii;iiiiiiiiiii ~; Avers Waubay Clinic Avera Big Stone City Clinic Revillo Clinic Avere Avera Wilmet Ct~ At Avera Medical Group Milbank and Milbank Area Hospital Avera, i : we're making a positive impact on the lives and health of our OTREACH SPECIALISTS CAMPUS SERVl!!CESiiiiiiiiiiiii!iiii!i!iiiiiiiiiiiiii i iii iiiiiiiiiiiiiiiiiiiiiiiiiiiiii~~~i~~~!ii~~i~~!iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii!iiiiii~iiiiiiiiiiiii;~iii SATELLITE CUNI~S ............................. Avera Big Stone Revillo Clinic Avera - 16~} : Avera Waubay Clinic "(~) Avera Wilmot Clinic - (6051 iii!iii~ il;iii iiiiiiiiiii!!iii!ili!!!!iiiiiiiiiiiiiiiiiiiiiiiiiii Tuesday, Dec. 27, 2011 INDEPENDENT Page 7b