Notice of Public
Hearing on an
Application to Grant a Zoning
Variance

Notice is hereby given that on September 13, 2011, at 7:00 p.m., the Board of Adjustment and Appeals will hold a public hearing in the Council Chambers, 200 Main Street East, Sleepy Eye, MN on an application by Gail (Krzmarzick) Frauendorfer for a zoning variance for the following described property:

Lot A1A and B1 of Lots 5 and 6, Block 3, Original Plat - address 503 1st Avenue N, Sleepy Eye

Description of the zoning variance is to allow one foot setbackfrom the south and east property lines for the construction of a carport. The required front yard setback is 25 feet and the required side yard setback is 7 1/2 feet. The property is zoned Residential.
Such person desiring to be heard with reference to the proposed zoning variance will be heard at this meeting.        

By Order of the Board of
Adjustment and Appeals
Jeanne Tauer, City Clerk

Dated Aug. 15, 2011

Published in the Sleepy Eye Herald-Dispatch on Sept. 1, 2011.

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PUBLIC NOTICE
BROWN COUNTY
BOARD OF ZONING
ADJUSTMENT

Notice is hereby given, that on MONDAY the 12th day of September 2011, at the hour of 9:00 a.m., in the Commissioners Room 204 of the Brown County Courthouse, New Ulm, Minnesota, the Board of Adjustment will hold public hearings on the following:
1. 9:00 a.m.: To consider a variance application of Jonathan Seifert, owner Steven & Barbara Seifert, on property described as part of the NE4 of SW4, Sec 22 - Twp 109N—R 32W, Stark Township.

Description of Variance: Allow a reduction in the manure storage capacity from the required 12 months to 6 months storage capacity in a two stage dairy waste holding system that consists of a 50 X 125 X 8 deep concrete pit & a 125 X 373 X 9 deep slury pond in the A-1 Agriculture Zoning District.

Laine Sletta
Brown County Board
of Zoning Adjustment

Published in the Sleepy Eye Herald-Dispatch Sept. 1, 2011.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~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: October 25, 2006

MORTGAGOR(S): Theresa M. Harder, a single person

MORTGAGEE: United Prairie Bank

DATE AND PLACE OF RECORDING: Filed for record October 26, 2006, as Document No. 357752 in the office of the County Recorder in Brown County, Minnesota.

ASSIGNMENT(S) OF MORTGAGE: Assignment dated October 25, 2006 to Minnesota Housing Finance Agency, filed for record November 13, 2006, as Document No. 357975 in the office of the County Recorder in Brown County, Minnesota.

Said mortgage is not Registered Land.

TRANSACTION AGENT: None

TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: None

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: United Prairie Bank

RESIDENTIAL MORTGAGE SERVICER: U.S. Bank Home Mortgage

MORTGAGED PROPERTY ADDRESS: 722 N State Street, New Ulm, MN 56073

TAX PARCEL ID NUMBER:  001.001.098.09.090

LEGAL DESCRIPTION OF PROPERTY: Lot 9, Block 98, North of Center Street, City of New Ulm, Brown County, Minnesota

COUNTY IN WHICH PROPERTY IS LOCATED: Brown

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:   $89,900.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY ASSIGNEE OF MORTGAGEE:  $87,612.95

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: September 22, 2011 at 10:00 a.m.

PLACE OF SALE: Brown County Sheriff’s Office, the front lobby of the Sheriff’s Office, 15 South Washington, City of New Ulm to pay the debt then secured by said Mortgage, 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 five (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 March 22, 2012. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate is the next business day at 11:59 p.m.

MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None

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:  July 28, 2011.

MINNESOTA HOUSING
FINANCE AGENCY
Mortgagee/Assignee
of Mortgagee

Marinus W. Van Putten, Jr.,
Reg. No. 11232X
BEST & FLANAGAN LLP
225 South Sixth Street
Suite 4000
Minneapolis, MN  55402
(612) 339-7121
Attorney for Assignee
of Mortgagee

THIS IS A
COMMUNICATION FROM A DEBT COLLECTOR

Published in the Sleepy Eye Herald-Dispatch July 28, Aug. 4, 11, 18 and 25, and Sept. 1, 2011.

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BROWN COUNTY
PLANNING
COMMISSION
NOTICE OF PUBLIC
HEARING

Notice is hereby given that the Brown County Planning Commission, in and for the County of Brown, will conduct certain public hearings as follows:
1. 9:00 AM: To consider a Conditional Use Permit Application by Kenneth Groebner, owners Kenneth Groebner & Sherry Groebner, on property described as part of the N2 Sec 32 - Twp 109N - R 35W & part of the S2, Sec 29 - Twp 109N - R 35W, both in North Star Township, Brown County, for the purpose of allowing use of an existing, unpermitted gravel mine to be used for extraction of gravel and processing to include screening and crushing all in the A-1 Agricultural Protection Zoning District.
2. 9:15 AM: To consider a Conditional Use Permit Application by Jonathan & Lisa Beckius on property described as part of W2 of SW4 Sec 24 “Twp 108N - R 32W, Albin Township, Brown County for the purpose of renewing CUP #C’22 and to continue to allow up to 750 AU (2500 head) maximum capacity in a hog wean to finish operation located in the A-1 Agricultural Protection Zoning District.
3. 9:30 AM: To consider a Conditional Use Permit Application by William & Kristine Eckstein, K&S Farms LLC on property described as part of NW4 of NW4 Sec 8 - Twp 109N - R 32W, Stark Township in Brown County, Minnesota, for the purpose of renewing the existing conditional use permit #C-16 and to continue to allow up to 600 AU (2,000 head) maximum capacity in a hog wean to finish operation located in the A-1 Agricultural Protection Zoning District.
4. 9:45 AM: To consider a Conditional Use Permit Application by Gary & Travis Richert on property described as part of the SE4 Sec 18 - Twp 108N - R 34W, Bashaw Township, Brown County, for the purpose of renewing existing CUP #8032 & to expand from 785 AU to allow up to 855 AU (2700 head finishing & 900 head wean) - maximum capacity - in a hog wean to finish operation in the A-1 Agricultural Protection Zoning District.
5. 10:00 AM: To consider a Conditional Use Permit Application by Donald & Denise Wellner on property described as part of the E2 Sec 30 - Twp 108N - R 35W, Stately Township, Brown County, for the purpose of renewing existing CUP #C-4 & combine with parcel 250.003.004.09-060 to continue to allow up to a maximum of 996 AU (960 head beef cattle & 30 cow calf pair) in a beef cow/calf & finishing operation in the A-1 Agricultural Protection Zoning District.
6. 10:15 AM: To consider a Conditional Use Permit Application by Jonathan Seifert, owner Steven & Barbara Seifert on property described as part of the NE4 of SW4 Sec 22 - Twp 109N “R 32W, Stark Township, Brown County, for the purpose of allowing the expansion of an existing feedlot from 299 AU (288 head) to a maximum of 840 AU (950 head) & allow the construction of two new 106 X 216 Free stall barns, one 15 X 54 Free Stall addition and a two stage dairy waste holding system that consists of a 50 X 125 X 8 deep concrete pit & a 125 X 373 X 9 deep slurry pond all in the A-1 Agricultural Protection Zoning District.
7. 10:30 AM: To consider a Conditional Use Permit Application by Carl T. Anderson on property described as part of the NE4 Sec 23 - Twp 109N - R 34W, Burnstown Township, Brown County, for the purpose of renewing CUP #8025 & expand from 900 AU to allow up to a maximum of 999 AU (999 head) in a Beef Cattle finishing operation & allow a new 100 X 240 addition to an existing 100 X 460 monoslope barn in the A-1 Agricultural Protection Zoning District.
8. 10:45 AM: To consider a two (2) lot Preliminary Plat by LaRay Kral known as Kral’s Industrial Park Fourth Subdivision on property in Lot 2 Block 1 Krals Industrial Park Third Subdivision, Sec 22 - Twp 109N - R 30W, Cottonwood Township, Brown County. Property being plated is currently an industrial lot being split into two lots, sized to meet I-1 Zoning requirements.
Notice is further given that the above hearings will be held by the Brown County Planning Commission on Tuesday, September 13, 2011, beginning at 9:00 AM in the Commissioners Room 204 of the Brown County Courthouse. New Ulm, Minnesota, at which time you may appear if you so desire, either in person or by agent or attorney, in opposition to or support of the proposed Plat or Conditional Use Permits.
Hearings of these appeals are not limited to those receiving copies of this Notice, and if you know of any neighbor or affected property owner who, for any reason; has not received a copy, it would be appreciated if you would inform them of this public hearing.
A copy of each proposed request is on file in the Brown County Planning & Zoning Office, Brown County Courthouse, 14 South State Street, New Ulm, Minnesota, and may be viewed during regular business hours. If you have any concerns over the proposed use of the property, then please submit your input either in person or in writing to the Planning Commission
Respectfully,
Brown County Planning
& Zoning Commission
By Laine Sletta

Published in the Sleepy Eye Herald-Dispatch Sept. 1, 2011.

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SYNOPSIS OF COUNTY BOARD MEETING
August 16, 2011
Members present: Seeboth, Berg, Windschitl, Lochner and Potter, along with Administrator Enter and County Attorney Hinnenthal.
M/Windschitl, S/Potter, to accept the Minutes of 8-2-11 and authorize publication of the Synopsis of same, carried.
M/Seeboth, S/Lochner, to authorize the payment of General Government claims in the amount of $249,390.61, carried.
M/Lochner, S/Potter, to approve one (1) Drainage Ditch Repair request, carried.
Potter reported on county ditch concerns due to excess water from Wood Lake draining to CD#28-1 as reported by Alphonse Mathiowetz.  By consensus, the County Board agreed to send a letter to the MDNR noting concerns with excess water draining from Wood Lake to CD#28-1.
M/Seeboth, S/Windschitl, to accept and file the July 2011 Monthly Reports of Activity for the Brown County (BC) Sheriff’s Dept., carried.
M/Lochner, S/Potter, to approve the Agreement for Child Care Consultation Services between BC Public Health and Child Care Facility for Tree House Preschool, located in New Ulm, to provide statutorily required nursing consultation, carried.
M/Windschitl, S/Berg, to accept and file the following Public Health Update: Final MN Legislative Budget; CHAAP-Community Health Assessment and Action Plan; Students; CADCA (Community Anti-Drug Coalitions of America) Conference; Electronic Health Record; School Influenza Vaccine Clinics, carried.
M/Potter, S/Windschitl, to authorize the Probation Director to sign the State of MN Joint Powers Agreement #29402 for BC Sentence to Service (STS) to split and bundle a minimum of 1,800 packs of wood for the Fort Ridgley State Park who will pay STS an amount of $2/bundle for this project not to exceed $4,000; and to authorize the Probation Director to sign the State of MN Joint Powers Agreement #28504 for the BC STS to cut a new trail at the Fort Ridgley State Park who will pay STS $4/hr per crew member for this project not to exceed $5,000, carried.
M/Seeboth, S/Lochner, to approve submittal of a grant for the MN Historical Society’s State Capital Project Grants-in-Aid Program to repair roof leaks at the 2 N Broadway Building listing Brown County as the Applicant and designating BC Administrator Enter as the Authorized Officer, with the Historical Society continuing to serve as outlined in the BC Resolution of Support No. 2011-18 and the Society’s work as the Fiscal Agent and other details would remain unchanged, carried.
M/Seeboth, S/Windschitl, to accept and file the July 2011 Budget Report (Cash Basis and Unaudited) which reflects activity at 58.3% of the budget year as follows: expenditures of $13,983,824.68 or 53.3%, and revenues of $14,507,332.63 or 55.5%; and the July 2011 Supplemental Budgets Report noting expenditures of $806,882.37 or 43.2%, and revenues of $824,947.39 or 49.0% of annual budgeted activity, carried.
M/Seeboth, S/Potter, to authorize receipting the MCIT 2011 dividend to be received for Brown County as follows: $281,741.31 into the Revenue Fund (01-149.5845) and $1,135.69 credited to the City of New Ulm as a proportionate dividend share related to the Law Enforcement Center property/casualty insurance premium share paid by the City of New Ulm, carried.
Correspondence C-1 thru C-9 were accepted and filed.
By consensus, Seeboth and Potter agreed to serve on a committee with county staff as needed to research the concept of adopting a gravel tax pursuant to MS 298.75.
M/Windschitl, S/Seeboth, to approve the CUP App. #C-00295 by Glen & Lisa Schuster on property described as part of N2 of SE4 Sec. 15–T 110N–R 32W,  Home Twp., for the purpose of renewing CUP #C-00237 to continue to allow an existing operation to be used as a contractors yard for railroad construction, repair & maintenance & selling of railroad construction equipment & parts, with eight (8) conditions listed, carried.
M/Lochner, S/Berg, to approve the Preliminary Plat #P-00131 a single lot split application by Douglas & Linda Koehler known as Koehler Addition, on property described part of the N2 of SW4, Sec.  FORMTEXT 02-T 108N–R 30W, Linden Twp. Property being platted is  currently a 7.14 acre homestead being platted to convey what is actually used for the residence, carried.
M/Seeboth, S/Potter, to approve the Final Plat  #P-00130 a single lot split by Dennis Hylen & Darrel Hylen known as Harmony Acres, on property described as  part of the SE4 of NE4, Sec. 23–T 108N–R 30W,  Linden Twp., carried.
M/Lochner, S/Windschitl, to approve the Final Plat  #P-00128 a single lot split by Orlin & Marjorie Mack known as Mack's Third Subd., on property described as part of the NW4, Sec. 13–T 110N–R 31W, Milford Twp., with one (1) condition listed, carried.
M/Seeboth, S/Windschitl, to give preliminary approval to the 2012 Personnel Policy as revised and recommended by the Personnel Policy Committee, with final approval of the 2012 Personnel Policy to take place in December 2011, carried.
M/Lochner, S/Berg, to approve the appointment of Matthew Ibberson as FT Deputy Sheriff at the annual salary of $42,841 (Grade XV, Entry) eff. 9-23-11, contingent on the passage of the pre-employment evaluations and physical, carried.
M/Potter, S/Berg, to approve the appointment of Kimberly Giesen as PT Public Health Nurse at the hourly rate of $22.9505 (Grade XVI, Step 2) eff. 8-17-11, contingent on the passage of the pre-employment physical, carried.
M/Seeboth, S/Lochner, to approve the appointment of Julie Friesner (current PT WIC Clerk) as FT Public Health Office Support Specialist at the annual salary of $30,004 (Grade VII, Step 7), eff. 8-17-11 and authorize to post for a PT WIC Clerk according to policy, carried.
M/Potter, S/Seeboth, to acknowledge the withdrawal of acceptance by Tanya Leskey prior to her hire date and appoint Meredith Nordby as FT Social Worker-Child Protection/CMH at the annual salary of $44,590 (Grade XVI, Entry), eff. 8-23-11, contingent on the passage of the pre-employment physical, carried.
M/Lochner, S/Windschitl, to accept the notice of retirement for Kathleen Helget, PT Bus Driver, eff. 8-31-11, carried.
M/Seeboth, S/Potter, to accept the quote in the amount of $2,136.43 (includes sales tax) from touchboards.com for the purchase of a SMART Board 680 to be used as part of the $3,000 grant to be a regional training center for the Signs of Safety Program, carried.  An additional quote was received from smartboards.com.
M/Seeboth, S/Lochner, to authorize payment of Family Services Administrative claims in the amount of $120,292.53, carried.
At 10:42 AM, Chairman Berg convened a Closed Session to consider Social Services Payments, whereupon M/Windschitl, S/Berg, to authorize the payment of Social Services payments in the amount of $179,367.63, carried.  The Closed Session ended at 10:47 AM.
Correspondence C-10 thru C-16 were accepted and filed.
Berg reported on the AMC Environmental Comm. meeting on 8-4-2011; Seeboth reported on the AMC Health & Human Services Comm. meeting and on the Brown County Historical Society; Windschitl reported on the AMC Public Safety Comm. meeting and on the 150th Dakota War Commemoration; Lochner reported on the AMC General Government Comm. meeting and on Detox matters.
Calendars were coordinated for the next two week period.
There being no further business, Chairman Berg adjourned the Meeting at 11:05 AM.
The Official Minutes of the Regular Meeting of August 16, 2011 are on file in the County Administrator’s Office and may be viewed during normal business hours, M-F, 8AM-5PM.  Correspondence and requests for additional information may be directed to the County Administrator’s E-Mail Address: mailto:county.administrator@mail.co.brown.mn.us cntyadmn@co.brown.mn.us  Home Page Address:   www.co.brown.mn.us.

Published in the Sleepy Eye Herald-Dispatch Sept. 1, 2011.