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Public Notices for the week of 9/10/12

By Staff | Sep 9, 2012

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 conditions of the following described mortgage:

DATE OF MORTGAGE: May 18, 2007

MORTGAGOR: Ronald J. Torgerson and LeAnn J. Torgerson, Husband and Wife.

MORTGAGEE: First National Bank of Blue Earth

DATE AND PLACE OF RECORDING: Recorded May 21, 2007 Faribault County Recorder, Document No. 340385.

ASSIGNMENTS OF MORTGAGE: Assigned to: Merchants Bank, N.A.

TRANSACTION AGENT: NONE

TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: NONE

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: First National Bank of Blue Earth

RESIDENTIAL MORTGAGE SERVICER: Merchants Bank, N.A.

MORTGAGED PROPERTY ADDRESS: 319 East 12th Street, Blue Earth, MN 56013

TAX PARCEL I.D. #: 21.446.0660

LEGAL DESCRIPTION OF PROPERTY:

A tract of land in Block Six of McArthur’s Addition to Blue Earth City (now City of Blue Earth), Faribault County, Minnesota described as follows:

Commencing at the Southeast corner of Block Six of McArthur’s Addition to Blue Earth City (now City of Blue Earth), Faribault County, Minnesota according to the plat on file and of record in the office of the Faribault County recorder, thence South 89 degrees 48 minutes 05 seconds West, (assumed bearing) along the South line of said Block Six, a distance of 118.20 feet to the point of beginning; thence North 00 degrees 13 minutes 45 seconds West, a distance of 60.00 feet to a point 118.44 feet West (as measured parallel with the South line of Block Six) of the East line of said Block Six; thence North 89 degrees 48 minutes 05 seconds West, parallel with the South line of said Block Six, a distance of 10.00 feet; thence North 00 degrees 13 minutes 45 seconds West, a distance of 58.00 feet to a point being 118.00 feet North (measured at right angles)?of the South line of said Block Six; thence South 89 degrees 48 minutes 05 seconds West, parallel with the South line of said Block Six, a distance of 49.78 feet to the East line of the West Half of said Block Six as established by Merle E. Johnson in 1946 according to the survey on file in the office of the County Recorder in Survey Book A, Page 159; thence South 00 degrees 05 minutes 37 seconds East, along said East line of the West Half of said Block Six, a distance of 118.00 feet to the South line of said Block six; thence North 89 degrees 48 minutes 05 seconds East, along said South line, a distance of 60.06 feet to the point of beginning.

Said tract contains 6,490 square feet (0.15 acres) of land.

COUNTY IN WHICH PROPERTY IS LOCATED:Faribault

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:$63,345.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $67,916.90

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: October 5, 2012 at 10:00 AM

PLACE OF SALE:Sheriff’s Office, Faribault County Jail, 320 Dr. H. Russ Street, Blue Earth, MN

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 April 13, 2013, unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.

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: August 6, 2012

Merchants Bank,

National Association

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

94-12-003235 FC

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

August 20, 27,

September 3, 10, 17, 24, 2012

____________________________

NOTICE OF SALE

The personal property described as follows, to-wit: One white 1996 Dodge 3500, 2 door. MN/License plate #: M4566, VIN#: 3B7MC33C2TM191728, approximate odometer reading: 160,000 miles, will be sold at public auction by Sheriff Gormley on the 12th day of September, 2012, at 10 o’clock a.m., at 23445 380th Ave. in the City of Winnebago, MN?56098, County of Faribault, State of Minnesota, to pay and satisfy a lien which is claimed to be due thereon from Nicholaus Hollerich as the owner thereof to Luke Blakesley in the sum of $7,900.00 Dollars computed to the last day of said sale, exclusive of the expenses of said sale and of the advertising thereof, together with the necessary expenses of advertising and making said sale.

Dated: July 18, 2012

Luke Blakesley

23445 380th Ave.

Winnebago, MN 56098

August 27, Sept. 3, 10, 2012

____________________________

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 conditions of the following described mortgage:

DATE OF MORTGAGE: April 28, 2006

MORTGAGOR: Monica M. DeMarre, a single person.

MORTGAGEE: First National Bank of Blue Earth.

DATE AND PLACE OF RECORDING: Recorded May 1, 2006 Faribault County Recorder, Document No. 336064.

ASSIGNMENTS OF MORTGAGE: Assigned to: Merchants Bank, National Association.

TRANSACTION AGENT: NONE

TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: NONE

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: First National Bank of Blue Earth

RESIDENTIAL MORTGAGE SERVICER: Merchants Bank, N.A.

MORTGAGED PROPERTY ADDRESS: 311 East Willis Street, Elmore, MN 56027

TAX PARCEL I.D. #: 25.682.0330

LEGAL DESCRIPTION OF PROPERTY:

Lot 13 in Block 2 of Youmans and Stockmans Second Addition to the Village of Elmore, Faribault County, Minnesota, according to the Plat of said Addition on file in the office of the Register of Deeds (now County Recorder) of said County

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $38,000.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $36,484.90

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: October 25, 2012 at 10:00 AM

PLACE OF SALE: Sheriff’s Office, Faribault County Jail, 320 Dr. H. Russ Street, Blue Earth, MN

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 April 25, 2013, unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.

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: August 27, 2012

Merchants Bank, National Association

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

94 – 12-004134 FC

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

September 10, 17, 24,

October 1, 8, 15, 2012

____________________________

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 conditions of the following described mortgage:

DATE OF MORTGAGE: September 25, 2009

MORTGAGOR: Christopher L. Johnson and Jodi L. Johnson, husband and wife.

MORTGAGEE: Security Bank Minnesota.

DATE AND PLACE OF RECORDING: Recorded October 5, 2009 Faribault County Recorder, Document No. 349261, a portion of the premises originally encumbered by the Mortgage has released pursuant to Document No. 358542.

ASSIGNMENTS OF MORTGAGE: Assigned to: Merchants Bank, National Association.

TRANSACTION AGENT: NONE

TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: NONE

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Security Bank Minnesota

RESIDENTIAL MORTGAGE SERVICER: Merchants Bank, N.A.

MORTGAGED PROPERTY ADDRESS: 2171 State Highway 22, Kiester, MN 56051

TAX PARCEL I.D. #: 11-028-0900

LEGAL DESCRIPTION OF PROPERTY:

The East 415 feet of the North 525 feet of the SE 1/4 SE 1/4 of Section 28, Township 101 North, Range 24 West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota, excepting therefrom the North 157.45 feet.

COUNTY IN WHICH PROPERTY IS LOCATED:Faribault

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $99,000.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $92,098.25

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: October 25, 2012 at 10:00 AM

PLACE OF SALE:Sheriff’s Office, Faribault County Jail, 320 Dr. H. Russ Street, Blue Earth, MN

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 April 25, 2013, unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.

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: August 28, 2012

Merchants Bank, National Association

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

94 – 94-17-2012 FC

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

September 10, 17, 24,

October 1, 8, 15, 2012

____________________________

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: 11/01/2007

MORTGAGOR(S): Charles L Thompson and Heidi L Thompson, husband and wife.

MORTGAGEE: Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, FSB

Transaction Agent: Mortgage Electronic Registration System, Inc.

Transaction Agent Mortgage ID No: 1001337-0002610565-3

Lender or Broker: Countrywide Bank, FSB

Servicer: Bank of America, N.A.

Mortgage Originator: Countrywide Bank, FSB

DATE AND PLACE OF RECORDING: Recorded November 06, 2007,Faribault County Recorder, Document No. 342128.

ASSIGNMENTS OF MORTGAGE: Assigned to: Bank of America, National Association as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP Dated: October 13, 2011, Recorded October 28, 2011, Faribault County Recorder, Document No. 356249.

LEGAL DESCRIPTION OF PROPERTY: That part of the S1/2,. NW1/4 and the N1/4 SW1/4 of Section 2, Township 102 North, Range 24 West, Faribault County, Minnesota; described as follows: Commencing at the Southwest corner of the NW1/4 of said Section 2; thence North 00 degrees 00 minutes 28 seconds East a distance of 1,313.63 feet, on an assumed bearing on the west line of said NW1/4, to the Northwest corner of said S1/2 NW1/4; thence South 89 degrees 50 minutes 13 seconds East a distance of 1,488.47 feet, on the North line of said S1/2 NW1/4; thence South 00 degrees 00 minutes 28 seconds West a distance of 598.46 feet; thence North 89 degrees 50 minutes 03 seconds West a distance of 663.76 feet; thence South 00 degrees 04 minutes 07 seconds West a distance of 1,377.89 feet, to a point on the South line of the N1/4 SW1/4 of said Section 2; thence North 89 degrees 46 minutes 39 seconds West a distance of 820.01 feet, on the South line of said N1/4 SW1/4, to the Southwest corner thereof; thence North 00 degrees 16 minutes 24 seconds West a distance of 661.81 feet, on the West line of said N1/4 SW1/4, to the point of beginning.

REGISTERED PROPERTY: No

TAX PARCEL NO.: 09.002.0100

ADDRESS OF PROPERTY:

12742 590th Ave

Wells, MN 56097

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $198,550.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $205,765.03

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: Wednesday, October 31, 2012, 10:00 a.m.

PLACE OF SALE: 320 Dr. H. Russ Street, City of Blue Earth, MN

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 1 year from the date of said sale by the mortgagor(s), their personal representatives or assigns.

DATE TO VACATE PROPERTY: The date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under Minnesota Statutes section 580.30 or the property redeemed under Minnesota Statutes section 580.23 is 10/31/2013 at 11:59 p.m. 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: August 31, 2012

Bank of America, National Association as successor by merger to BAC Home Loans Servicing, LP fka

Countrywide Home Loans Servicing, LP Assignee of Mortgagee

Peterson, Fram & Bergman, P.A.

By: Steven H. Bruns

Attorneys for:

Bank of America, National Association as successor by merger to BAC Home Loans Servicing, LP fka

Countrywide Home Loans Servicing, LP

Assignee of Mortgagee

55 E. 5th St., Suite 800

St. Paul, MN 55101

(651) 209-7599

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

16751-115350

September 10, 17, 24,

October 1, 8, 15, 2012

____________________________

NOTICE OF PUBLIC

HEARING ON SETTING OF SOLID WASTE FEES

The Faribault County Board of Commissioners will hold a public hearing on September 24, 2012 at 9:00 a.m. in the Board Room of the Faribault County Courthouse, 415 North Main, Blue Earth, MN. The purpose of the public hearing will be discuss changes in solid waste fees and recycling fees for taxes payable in 2013. Solid Waste Fees are used to support the Prairieland Solid Waste Facility and finance other solid waste programs with Faribault County. Recycling Fees are used to finance recycling contracts for cities and townships that contract with Faribault County to operate recycling programs for their jurisdictions. Any interested party may appear and be heard on proposed changes in the fees.

John Thompson

Faribault County Auditor-Treasurer-Coordinator

September 10, 2012

____________________________

NOTICE OF HEARING

on Assessments for

Improvement of Tenth Street from Moore to Ramsey, Eleventh Street from

Galbraith to Ramsey and Galbraith Street from

Seventh Street to

Fourteenth Street.

Notice is hereby given that the council will meet at 5:05 p.m. on September 17, 2012 at Public Safety Center, 120 S. Walnut St. at to consider, and possibly adopt, the proposed assessment for the Tenth Street from Moore to Ramsey Street, Eleventh Street from Galbraith Street to Ramsey and Galbraith Street from Seventh Street to Fourteenth Street Improvements. Adoption by the council of the proposed assessment may occur at the hearing. The proposed roll is on file with the City Clerk and open to public inspection.

The area proposed to be assessed Tenth Street from Moore Street to Ramsey Street, Eleventh Street from Galbraith Street to Ramsey Street and Galbraith Street from Seventh Street to Fourteenth Street Improvements by sanitary sewer, storm sewer, water main, street construction, and sidewalk and boulevard improvements, and this report was received by the council on .

The total amount to be assessed for the improvements is $792,096.02 and is payable in annual installments over a period of 15 years. Written or oral objections will be considered at the hearing.

An owner of property to be assessed may appeal the assessment to the district court of Faribault County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk.

No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection, signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object at the assessment hearing is due to a reasonable cause.

Under the provisions of Minnesota Statutes, Section 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make payments.

The mailed notice of this hearing to property owners contains additional information.

August 20, 2012.

BY ORDER OF THE

CITY COUNCIL

Kathy Bailey, City Clerk

September 10, 2012

____________________________

NOTICE OF HEARING

Notice is hereby given that a hearing will be held before the Blue Earth City Council for the purposes of considering the adoption of an Ordinance to Create a New Zoning District for the Historical Downtown Area (CBD) of the City of Blue Earth. This replaces the current B-1 District in the downtown area and affects the properties between Ninth Street and Second Street on the South and north sides and the parcels between Nicollet Street and Galbraith Streets. Map is available at City Hall.

The public hearing will be held on the 17th day of September, 2012, commencing at 5:45 p.m. at the Public Safety Building meeting room located at 120 S. Walnut Street. The proposed Ordinance and accompanying map are available at Blue Earth City Hall, 126 W. 6th St., Blue Earth, during regular business hours.

Persons who believe that they may be affected by the proposed Ordinance are encouraged to review it and ascertain the specific impact that it would have on their property.

Date: September 10, 2012

By Kathy Bailey,

City Administrator

ORDINANCE NO.

CITY OF BLUE EARTH

AN ORDINANCE TO CREATE A NEW ZONING DISTRICT FOR THE HISTORICAL DOWNTOWN AREA OF THE CITY OF BLUE EARTH

The City Council of the City of Blue Earth does ordain as follows:

SECTION I.

That a new Subsection to be known as Subsection 1030.11 Central Business District (CBD) is hereby created and established for the traditional and historic downtown area of the City.

SECTION II.

That the new Subsection 1030.11 Central Business District (CBD) states the following:

Subsection 1030.11 Central Business District (CBD)

Subd. 1. Purpose. The Central Business District ( CBD) is intended to provide for the general retail shopping and service business development and use on the compact building lots located in the traditional and historic downtown area within the city. The applicable development regulations within the Central Business District ( CBD) shall permit high density commercial and office development.

Subd. 2. Permitted Uses.

A. Administrative and Business offices.

B. Antique Shops.

C. Automobile maintenance services and sales, excluding fuel.

D. Building maintenance services.

E. Business support services.

F. Churches.

G. Clubs/ Lodges.

H. Communication services.

I. Consumer repair services.

J. Essential services, utility lines and necessary appurtenant structures.

K. Financial services/ Banking.

L. Government Buildings and offices.

M. Indoor sports and recreation facilities.

N. Liquor sales.

O. Personal services.

P. Personal improvement services.

Q. Pet Services.

R. Professional services and offices.

S. Restaurants, cafes, and supper clubs.

T. Retail sales (limited.)

U. Studios/galleries.

V. Theaters, live or film.

W. Public Parks.

Subd.3 Accessory Uses. The storage of goods pertaining to the conducting of the principal permitted business use of the premises.

Subd. 4. Conditional Uses.

Except as specifically limited herein, the following uses may be permitted in the Central Business District (CBD). Conditions of approval for Conditional Uses may include requirements to provide off-street parking. Every use shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products and equipment.

a. Apartments and townhomes limited to 6 units per floor.

b. Convention, civic and public gathering places.

c. Drive-in facilities, accessory to a principal use.

d. Automobile service stations selling fuel.

e. Shopping malls.

f. Surfaced parking lots/structures when not accessory to a permitted use.

g. Veterinary services.

h. Hotels, motels, hostels and boarding houses.

Subd. 5. Performance Standards.

Unless otherwise specified in this chapter, each development within the Central Business District (CBD) shall be subject to the following minimum requirements.

A. Height Regulation. No building shall hereafter be erected or structurally altered to exceed two (2) stories or Thirty (30 ) feet in height.

B. Minimum Lot Area. The minimum lot area in the CBD shall be 1200 square feet.

C. Minimum Lot Frontage. The minimum lot frontage in the CBD shall be twenty (20) feet.

D. Yards and Setbacks. None required.

E. Screening and Fencing. The City may require the screening and fencing of commercial uses to prevent visual blight, especially on the side and rear yards which face residential districts.

F. Maximum Ground Coverage. No restriction.

G. General Regulations. Requirements for signs, parking, shopping centers and other regulations and performance standards as set forth in Section 1040 of this chapter.

SECTION III.

This Ordinance shall not be effective immediately after its passage and publication.

September 10, 2012

____________________________

NOTICE OF HEARING

Notice is hereby given that a hearing will be held before the Blue Earth City Council for the purposes of considering the adoption of an Ordinance to Amend the Signing Performance Standards Set Forth in Subsection 1040.28 of the City of Blue Earth.

The public hearing will be held on the 17th day of September, 2012, commencing at 6:00 p.m. at the Public Safety Building meeting room located at 120 S. Walnut Street.

Persons who believe that they may be affected by the proposed Ordinance are encouraged to review it and ascertain the specific impact that it would have on their property.

Date: September 10, 2012

By Kathy Bailey,

City Administrator

ORDINANCE NO. 12-10

CITY OF BLUE EARTH

AN ORDINANCE TO AMEND THE SIGNING PERFORMANCE STANDARDS SET FORTH IN SUBSECTION 1040.28 OF THE

BLUE EARTH CITY CODE

The City Council of the City of Blue Earth does ordain as follows:

SECTION I.

That Subdivision 6 of Subsection 1040.28 Signs, is hereby amended to state the following:

Subd. 6. Signs Permitted. The following signs will be permitted in all districts subject to the specific standards indicated.

A. One sign on each side of a non-conforming business establishment where there is access to that business establishment, announcing without display or elaboration only the name and occupation of the proprietor and not to exceed four (4) feet in height and ten (10) feet in length.

B. Wall signs on any conforming use building or business establishment not to exceed twenty percent (20%) of the wall area for businesses in commercial districts.

C. Multi-tenant business centers may have one wall sign per business which has an exclusive exterior entrance. A second wall sign may be allowed if a tenant has an additional exclusive exterior entrance on a second wall. All wall signs shall not exceed more than twenty percent (20%) of the wall area occupied by the tenant.

D. Projecting signs, including canopy and awning signs, as well as wall signs, will be permitted within the Central Business District. Projecting signs and awnings shall have a minimum clearance of seven (7) feet above a public sidewalk. Such signs shall not project more than six (6) feet from the building. The entire awning shall be counted towards the maximum sign area if the awning is internally lit. Projecting signs must further comply with any county or state requirements for such signs, if any.

E. Wall signs in residential zones shall not exceed ten percent (10%) of the wall area used for retail purposes.

F. Wall signs shall not project above the roof level of any building.

G. Real Estate signs shall not exceed sixteen (16) square feet in area which advertise the sale, rental, or lease of the premises upon which the sign is temporarily located. Real estate signs shall be composed of a metal or other non-bendable material and have an appearance of professional quality. All real estate signs shall be either attached to the structure which is for sale or rent or placed directly into the ground. The affixing of signs to trees and utility posts is prohibited.

H. Warning signs shall not exceed sixteen (16) square feet.

I. Memorial signs, tablets and names of buildings and date of erection when out into any masonry surface or when constructed of metal and affixed flat against a structure, not to exceed sixteen (16) square feet.

J. Official signs such as traffic control, parking restrictions, information and notices.

K. Political signs are allowed in any district on private property with the consent of the owner of the property. Such signs must be removed within seven (7) days following the date of election or elections to which said signs applied.

L. Construction signs not exceeding thirty-two (32) square feet in area shall be allowed in all zoning districts during construction. Such signs shall be removed when the project is completed.

M. Temporary signs or banners when authorized by the Council.

N. In non-residential districts, pylon signs no higher than thirty-five (35) feet and no greater than 100 square feet per side of the sign.

O. In residential districts, pylon signs shall be limited to Sixteen (16) square feet in area and shall not exceed seven (7) feet in height.

P. All other signs shall require a conditional use permit.

SECTION II.

This Ordinance shall not be effective immediately after its passage and publication.

September 10, 2012

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NOTICE TO THE PUBLIC

Notice is hereby given that the Winnebago Planning and Zoning Commission will be holding a public hearing to discuss a variance request by the Alliant Energy, owner of the property located at approximately 410 2nd Ave SE; R31.200.2390. The variance requested is from the height regulations of a General Industrial district to construct a communications tower. This meeting and public hearing will take place at 7:00 p.m., Wednesday, September 26, 2012, at the Winnebago Municipal Center Council Chambers.

All persons who wish to express their opinions regarding this proposed variance request can do so at this meeting. Written comments may also be sent to the Municipal Center, PO Box 35, Winnebago, MN 56098 or via email at ableess@cityofwinnebago.com.

Austin Bleess

City Administrator

September 10, 17, 2012

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BLUE EARTH AREA SCHOOL BOARD MINUTES

I.S.D. #2860

August 13, 2012

The regular meeting of the Board of Education of the Blue Earth Area, I.S.D #2860 was held on Monday August 13, 2012 in Blue Earth, MN.

Present were School Board members: J. Haugh, T. Cahill, M. Eckhardt, D. Fellows, V. Hanson, F. Bly, and S. Becker.

Also attending were Supt. Gough, members of the press, staff and public.

The meeting was called to order at 6:30 p.m. by Chairperson Bly. The Pledge of Allegiance was recited.

On a Haugh/Fellows motion the board approved the agenda. Unanimous approval.

Public Input: None

On an Eckhardt/Cahill motion, the board unanimously approved the minutes from the July meeting.

The board unanimously approved nine money transfers in the amount of $ 936,822.70. Becker/Fellows motion.

Superintendents Report:

Evan Gough reported that he had attended the summer MSBA convention as well as the MDE and MASA conferences. Back to school workshops for staff will be Aug. 27-30.

Committee Reports: Bly reported that negotiations are now completed with both the non certified staff as well as the bus drivers.

Principal’s report: Assistant K-8 Principal Al Cue was present and gave the board an update on math and reading scores. K-8 Principal Melissa McGuire was on hand and addressed the board. The new math curriculum is in and staff is conducting training with it and staff is also busy with technology training as well. High School Principal Rich Schneider reported to the board that enrollment at the high school is up and he is very excited for the upcoming school year.

Action Items:

Ryan Hoffman with ICS Consulting was present to update the board on the upcoming rebidding of the heating and ventilation in the K-8 building. Oct. 30 is set as a tentative bid date. He believed bids will come in more competitive than last year’s bids.

On a Haugh/Becker motion the board unanimously approved a lease agreement with the Southern Plains Special Education Cooperative for space at the Winnebago site for the ALC program. The agreement is for the 2012-2013 school year and will be reviewed on an annual basis. Also involved in the agreement was the approval to use two classrooms at the elementary site in Blue Earth. A shared services agreement for two instructional staff members within the Coop and the BEA School District was also approved.

On a Hanson/Fellows motion the following bids were approved for the 2012-2013 school year:

Bakery items- Sara Lee, Dairy items- Sampson Dairy Foods Inc., Waste removal- Waste Management, Snow removal at the Winnebago site- Ron’s Trenching, Snow removal at the High School site- Weerts construction, Softener salt- Garlicks, #1 & # 2 Fuel oil to More’s ag, Diesel fuel to Kwik Trip for the Blue Earth buses and Urban oil for Winnebago buses and WFS for gasoline purchases. Member Haugh abstained from all fuel bids.

The student handbooks for this year were approved on an Eckhardt/Haugh motion.

The fall coaching list was approved on a Haugh/Fellows motion.

On a Becker/Cahill motion Dec.10th, 2012 at 6:30 pm was set as the truth in taxation hearing.

Personnel: Approved new hires: Kathy Ehlert cook’s helper B, A-1-1, Nicole Schwarz cook’s helper B, A-1-1, and Heidi Phillips cook’s helper D, A-1-1. Hanson/Haugh motion. unanimous approval

Approved the following Lane changes on an Eckhardt/Haugh motion: Jennifer Berkner BA-45 to a Masters, Jennifer Esser BA- BA15, and Jane Vogelsang BA30-Masters.

The board approved the resignation of Dan Odden as a Para on a Fellows/Becker motion. Unanimous approval.

An unpaid leave was granted to Mary Mensing for the 2012-2013 school year. Haugh/Cahill motion.

The master agreement with the non-certified staff was approved on a Becker/Haugh motion.

The agreement with the Bus Drivers was approved on a Bly/Fellows motion.

On a Becker/Eckhardt motion the board approved a resolution pertaining to sec 125 of the IRS code. In favor were: Bly, Eckhardt, Hanson, Cahill, Becker, Haugh, and Fellows.

The crisis procedures manual was approved on a Haugh/Cahill motion.

On a Becker/Cahill motion, the board was dismissed at 7:27pm

Respectfully Submitted,

Jesse Haugh-clerk

September 10, 2012

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DEADLINE

Deadline for Public Notices is Wednesday at 12:00 Noon for the next Mondays issue. All legal copy should be delivered to the office by noon Wednesday to insure its publication.

If you need to place a public notice legal please email your legal to ptrue@faribaultcountyregister.com or fcnews@bevcomm.net

Or mail notice to: Faribault County Register, PO Box 98, 125 North Main Street, Blue Earth, MN or fax to 507-526-4080. Thank you