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Delano Herald Journal Legal Notices
New public notices published in the issue of Aug. 31, 2015

MINNESOTA SECRETARY OF STATECERTIFICATE OF ASSUMED NAMEMinnesota Statues Chapter 333
The filing of an assumed name does not provide a user with exclusive rights to that name. The filing is required for consumer protection in order to enable consumers to be able to identify the true owner of a business.
1. ASSUMED NAME: Up North Wood Works
2. PRINCIPAL PLACE OF BUSINES: 1201 5th Street SW Delano MN 55328 USA
3. List the name and complete street address of all persons conducting business under the above Assumed Name OR if an entity, provide the legal corporate, LLC, or Limited Partnership name and registered office address. Seth G Petro, 1201 5th Street SW Delano MN 55328
4. By typing my name, I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of their person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes, I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath.
/s/ Seth Petro
Published in the Delano Herald Journal Aug. 31, and Sept. 7, 2015.
CITY OF DELANONOTICE OF PUBLIC HEARINGCONSIDER A CODE AMENDMENT TO ALLOW MOBILE FOOD TRUCKS IN THE CITY OF DELANO
Notice is hereby given that the Delano Planning Commission will hold a public hearing at 7:00 p.m. or as soon thereafter on Monday September 14, 2015 at the Delano City Hall, located at 234 2nd Street North, for the purpose of considering a code amendment to Section 408.01 Peddlers, Transient Merchants and Solicitors Subd. 2 Definitions. Chapter 4 Public Protection and General Licensing. And Subd. 7 Restrictions of Section 408.01 Peddlers, Transient Merchants and Solicitors of Chapter 4 Public Protection and General Licensing. And Section 51.01 Title / Application / Rules / Definitions Subd. B Rules and Definitions, relating to mobile food unit (food truck) regulations to allow mobile food trucks to operate in the City of Delano, Minnesota.
Notice is further given that any written or oral comments from citizens regarding the proposed applications will be heard at the public hearing. All interested persons are invited to attend the meeting and will be afforded the opportunity to speak on the applications during the public hearing.
Brian Bloch
Finance
Published in the Delano Herald Journal Aug. 31, 2015.
CITY OF DELANO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. O-15-04
AN ORDINANCE AMENDING DELANO CITY CODE CHAPTER 5 REGARDING LICENSING AND REGULATION OF ALCOHOLIC BEVERAGES
THE CITY COUNCIL OF THE CITY OF DELANO ORDAINS:
The following is only a summary of Ordinance No. O-15-04. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The City Code as adopted contains Chapter 5 entitled “Licensing and Regulation of Alcoholic Beverages.” The City hereby adopts the recodification of Chapter 5 of the City Code which incorporates ordinances which have been adopted since the prior recodification, incorporates updated statutory language, and clarifies existing language. All prior ordinances and resolutions pertaining to subjects under Chapter 5 shall be deemed repealed from and after the effective date of this Ordinance. All fees established in prior ordinances shall remain in effect unless amended in this Ordinance, or until an ordinance adopting a fee schedule is adopted or amended.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Delano City Council on August 18, 2015.
/s/ Dale Graunke, Mayor
Attest:
/s/ Brian Bloch, Finance Director
Published in the Delano Herald Journal Aug. 31, 2015.
CITY OF DELANO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. O-15-07
AN ORDINANCE AMENDING DELANO CITY CODE SECTION 422.01 RELATING TO OUTDOOR MUSIC EVENTS.
THE CITY COUNCIL OF THE CITY OF DELANO ORDAINS:
Section 1. Chapter 4 of the Delano City Code is hereby amended by deleting Section 422.01 in its entirety and replacing it with the following:
SECTION 422.01. OUTDOOR MUSIC EVENTS
Subd. 1. Outdoor Live or Recorded Music Events (“Events”). No Event shall occur within the City without obtaining a permit approved and issued by the City Council at least thirty (30) days prior to the event.
Subd. 2. Application and Issuance.
A. An application for an Event permit shall be submitted along with a permit fee as set by the City Council by ordinance. The application shall provide information and/or a plan(s) that demonstrates that the Event will comply with the provisions of this Section and shall be signed by the owner of the property where the Event is being held evidencing the owner’s permission to hold the Event on the property.
B. The City shall review the application, and upon determination that it is complete, shall inform the applicant of the date and time at which the application shall be considered.
C. The applicant shall provide written notice at least thirty (30) days’ prior to the date on which the application will be considered to all owners and tenants of residential lots located within three hundred fifty (350) feet of all stages, performers, speakers and amplifiers. Said notice shall include the date, time and location at which the application shall be considered, the type, date and time of Event, and contact information of the permit holder.
Subd. 3. Conditions of Permit. The following conditions shall apply to all Event permits:
A. Events shall have adequate sanitary facilities.
B. Events shall have sufficient off street parking. The Event parking shall not occupy required parking for the principal use of the site.
C. Events shall have adequate security and fencing to control access.
D. Events shall be allowed only between May 15 and October 15.
E. Events shall not interfere with other commercial and governmental activities or with the quiet enjoyment of residential property.
F. The stage, performers, speakers and amplifiers shall be located at least three hundred feet (300’) from any residence or building located in a residential zoning district and shall be arranged in a design and manner that does not directly broadcast music at or toward any such residence or building.
G. The volume of the Event shall be reasonable and shall not exceed sixty (60) decibels measured at the nearest dwelling unit in a residential zoning district. The permit holder shall comply with all requests of the Sheriff’s Department to reduce volumes to mitigate nuisance complaints.
H. Permit holders shall provide written notice ten (10) days in advance of the event to the City and to all owners and tenants of residential lots located within three hundred fifty (350) feet of the stage, performers, speakers and amplifiers. Said notice shall include type of Event, date and time of Event, and contact information of the Event holder.
Subd. 4. Conditions of Permit - Major Event. Major Events are Events with an estimated attendance of more than 20 people. The following conditions shall apply to all Major Event permits:
A. Any person, organization, business, and/or entity shall be limited to a maximum of six (6) Major Event permits per calendar year. No commercial property shall host more than six (6) Major Events in a calendar year. Each permit shall allow a single day event.
B. Major Events shall not perform between twelve (12:00) o’clock midnight and (11:00) o’clock AM.
Subd. 5. Conditions of Permit - Minor Event. Minor Events are Events with an estimated attendance of 20 people or fewer. The following conditions shall apply to all Minor Event permits:
A. Minor Event permits may only be issued to commercial properties.
B. Minor Event permits shall be issued annually for a calendar year.
C. Minor Event permit applicants shall provide a calendar that identifies the days in the week when Minor Events may occur. The City Council may place limits on the number of Minor Events. Minor Events beyond the approved calendar shall be prohibited.
D. Minor Events shall not perform between 10:00 PM and 11:00 AM.
Subd. 6. Conditions of Permit – Additional. The City Council may, as a condition of approval of any Event permit, impose additional conditions deemed necessary to mitigate nuisance complaints and protect adjoining properties and/or the quiet enjoyment of residential properties. Such conditions may include but not be limited to:
A. Restrict the hours of the Event beyond those stated in Subd. 4 or Subd. 5 of this Section.
B. Limit the size of attendance.
C. Limit the volume of music to a standard measured at the adjoining residential properties.
D. Limit the days of the week.
E. Limit amplification or type of instruments for major music events (i.e., prohibit percussion instruments or brass wind instruments).
F. Require insurance and proof of such insurance for the Event and the property on which the Event is being held.
Subd. 7. Responsibility of Owner and Permit Holder. The property owner and/or permit holder of an Event shall be responsible to insure that the Event activities and participants shall not violate the terms of the permit or violate the Delano City Code.
Subd. 8. Violations or Complaints. Permit violations, nuisance complaints, or code enforcement issues attributed to an Event or property holding the Event may be grounds for denial of future Event permits for the permit holder and/or the property.
Subd. 9. Enforcement. Any violation of this Section or of a permit issued pursuant to this Section is subject to enforcement as follows:
A. If it is a violation that affects the public health, safety and welfare, it is hereby declared a public nuisance, and is subject to all of the enforcement provisions of Chapter 8 of the City Code.
B. Any violation is grounds for revoking the permit.
C. Any violation shall constitute a misdemeanor and may be prosecuted as such.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Delano City Council on August 18, 2015.
/s/ Dale Graunke, Mayor
Attest:
Brian Bloch, Finance Director
Motion By: Jack Russek
Seconded By: Holly Schrupp
Graunke: Aye
Franzen: Aye
Stolfa: Aye
Schrupp: Aye
Russek: Aye
Published in the Delano Herald Journal Aug. 31, 2015.
CITY OF DELANO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. O-15-08
AN ORDINANCE AMENDING DELANO CITY CODE SECTION 805.01 RELATING TO LAWN MAINTENANCE.
THE CITY COUNCIL OF THE CITY OF DELANO ORDAINS:
Section 1. Section 405.01, Subd. 7 (B) 18 of the Delano City Code is hereby amended by deleting the number “10” and replacing it with the number “8”.
Section 2. Section 805.01, Subd. 2 (C) of the Delano City Code is hereby amended by deleting the number “10” and replacing it with the number “8”.
Section 3. Section 805.01, Subd. 3 (A) of the Delano City Code is hereby amended by deleting the number “10” and replacing it with the number “8”.
Section 4. Section 805.01, Subd. 3 (B) 5 (b) of the Delano City Code is hereby amended by deleting the number “10” and replacing it with the number “8”.
Section 5. Section 805.01 is hereby amended by inserting a new Subd. 5 to read as follows:
Subd. 5. Enforcement.
A. Notice. Once a failure to comply with the requirements of this Section is identified, notice of such failure shall be given by the City Building Official to the affected property owner. The notice shall state and describe the following:
i. identify the property affected;
ii. order and allow seven (7) days for the property owner to cause abatement of the violation;
iii. that if abatement does not occur, the City Building Official as a remedial action will cause such abatement to occur;
iv. that all costs thereof will be billed to the property owner payable within thirty (30) days;
v. that if payment is not received within thirty (30) days, the costs will be assessed against the property on which the abatement has occurred pursuant to and in accordance with Minn. Stat. § 429.101 or any similar provision hereinafter enacted;
vi. inform the property owner of the right to a hearing before the City Administrator to appeal the notice; and
vii. inform the property owner that upon filing of a timely appeal the time to comply with the notice is stayed pending a decision by the City Administrator on the appeal.
B. Hearing. The owner of the property is entitled to a hearing before the City Administrator to appeal the notice upon serving a written request therefor upon the City Clerk prior to expiration of the date by which the abatement is to occur as set forth in the notice. At such hearing the person may present any evidence relevant to the appeal, but the City shall not be required to keep a verbatim record of the proceedings. The City Administrator may affirm, amend or reverse all or any portion of the notice and required abatements and shall set a new deadline for compliance if the notice is affirmed or amended in a manner that still requires abatement.
C. Abatement. The City Building Official is authorized to enter upon the property and cause such abatement to occur if either (i) abatement does not occur within the time provided in the notice and a hearing is not requested; or (ii) the notice is affirmed or amended in a manner that still requires abatement and the abatement does not occur in the manner and within the time provided in the affirmed or amended order.
D. Assessment. In all cases in which abatement occurs under this Section, the costs, if not paid by the owner as provided herein, shall be assessed against the property on which the abatement occurred pursuant to and in accordance with Minnesota Statutes Section 429.101 or any similar provision hereafter enacted. Such assessments shall be paid with interest, in installments, and within a period not to exceed one (1) year from the date of assessment. The City will not be responsible for damage to property, including any landscaped areas, resulting from enforcement of this Section.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Delano City Council on August 18, 2015.
/s/ Dale Graunke, Mayor
Attest:
Brian Bloch, Finance Director
Motion By: Holly Schrupp
Seconded By: Betsy Stolfa
Graunke: Aye
Stolfa: Aye
Russek: Aye
Franzen: Aye
Schrupp: Aye
Published in the Delano Herald Journal Aug. 31, 2015.
CITY OF DELANOCOUNTY OF WRIGHTSTATE OF MINNESOTAORDINANCE 0-15-05
AN ORDINANCE AMENDING DELANO CITY CODE CHAPTER 3, SECTION 301.01, RIGHT-OF-WAY MANAGEMENT; AND CHAPTER 4, PUBLIC PROTECTION AND GENERAL LICENSING BY ADDING SECTION 423.01, LICENSE TO ALLOW OUTDOOR FURNITURE ON PUBLIC SIDEWALKS FOR RESTAURANTS AND FOOD SERVICE BUSINESSES IN A B-4, CENTRAL BUSINESS DISTRICT THE CITY COUNCIL OF THE CITY OF DELANO ORDAINS:
Section 1. Chapter 3, Public Right-of-Way, is hereby amended to add Section 301.01, Subd. 21 as follows:
Subd. 21. Private Use of a Public Right-of-Way. Except as may be permitted under Chapter 4, Section 423.01 of the Delano City Code or Section 51.03, Subd. B.5.c of the Delano Zoning Ordinance, all private uses, placement of structures, equipment, or materials within a public right-of-way shall be prohibited.
Section 2. Chapter 4, Public Protection and General Licensing, is hereby amended to add 423.01, Use of Public Sidewalks in a B-4, Central Business District to read as follows:
SECTION 423.01 USE OF PUBLIC SIDEWALK IN A B-4 ZONING DISTRICT.
Subd. 1. Intent. The Delano City Council may issue a business license to businesses located in the B-4, Central Business District to allow the placement of tables and/or chairs on a public sidewalk. The following criteria shall apply to the issuance of this business license.
Subd. 2. Permit Application. Eligible persons, organizations, or businesses must submit a license application, pay a permit fee set by the City Council by ordinance, and provide information and plans that demonstrate compliance with the performance standards of this Code. The application shall be submitted thirty (30) days prior to placement of any furniture on the public sidewalk.
Subd. 3. Performance Standards. The license applicant shall provide information/plans that demonstrates compliance with the following standards:
A. All outdoor furniture shall be in good condition, movable, and shall not be affixed to the public sidewalk. Furniture in disrepair shall be removed from the public sidewalk.
B. The area for the placement of furniture on the public sidewalk shall be limited to the length of the building façade of the business applying for the license and shall not encroach in front of adjoining businesses.
C. All outdoor furniture shall be set back a minimum of five (5) feet from back of street curb and shall provide a minimum of a five (5) foot unencumbered pedestrian aisle between the furniture and other sidewalk features including, but not limited to, back of curb, tree grates, planters, utility poles, traffic/street signs, street lights, and the like. All outdoor furniture shall be set back fifteen (15) feet from a street intersection as measured at the intersecting edges of the street right-of-way.
D. No furniture shall be located so as to encroach into an area that may impede safe ingress or egress into the business or adjoining businesses.
E. Placement of furniture shall only be allowed on a public sidewalk between May 1st and October 31st of a calendar year. Businesses must provide a plan for the removal and storage of sidewalk furniture between November 1st and April 30th.
F. The businesses shall keep the outdoor furniture area in a clean and orderly condition. The accumulation of garbage, trash, debris, or unclean conditions may be basis for revoking the license and removal of the furniture.
G. The serving or consumption of alcoholic beverages on the public sidewalk is prohibited.
H. Service and food consumption within the public sidewalk shall be limited to the hours of 8:00 AM to 10:00 PM.
Subd. 4. Insurance. The City shall not be responsible for injury or property damage attributed to the placement of privately owned furniture on the public sidewalk. The license applicant shall provide insurance that will indemnify the City from any personal injury or property damage that results from issuance of the license allowing the business to use the public sidewalk. The insurance shall list the City as an insurer to be notified in the event of insurance cancellation.
Subd. 5. Responsibility of Owner and Licensee. The property owner and/or licensee shall be responsible to insure that the activities and participants within the public sidewalk shall not violate the terms of the license, or violate the Delano City Code.
Subd. 6. Violations or Complaints. License violations, nuisance complaints, or code enforcement issues attributed to an outdoor furniture area on the public sidewalk may be grounds for denial of the license.
Subd. 7. Enforcement. Any violation of this ordinance, or of a license issued pursuant to this ordinance, is subject to enforcement as follows:
A. If it is a violation that affects the public health, safety and welfare, it is hereby declared a public nuisance, and is subject to all of the enforcement provisions of Chapter 8 of the City Code.
B. Any violation is grounds for revoking the license or not renewing the license.
C. Any violation shall constitute a misdemeanor and may be prosecuted as such.
Section 3. This ordinance shall be effective immediately upon its passage and publication according to law.
ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DELANO, MINNESOTA THIS 18 DAY OF AUGUST, 2015.
Dale Graunke, Mayor
Attest: Brian Bloch,
Finance Director/Clerk
Published in the Delano Herald Journal Aug. 31, 2015.
CITY OF DELANOCOUNTY OF WRIGHTSTATE OF MINNESOTAORDINANCE NO. O-15-06
AN ORDINANCE AMENDING DELANO CITY CODE SECTION 808.01, REVISING THE DESIGNATIONS OF DISEASED AND DEAD TREES AS PUBLIC NUISANCES.
THE CITY COUNCIL OF THE CITY OF DELANO ORDAINS:
Section 1. Section 808.01 of the Delano City Code is hereby amended by deleting Subd. 2 in its entirety and replacing it with the following:
Subd. 2. Nuisances Declared. The following are declared to be public nuisances whenever they may be found within the City:
A. Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm Disease fungus, Ceratocystis Ulmi (Buisman) Moreau, or which harbors any of the elm bark beetles, Scolytus multistrailus (eich.) or Hylurgopinus rufipes (March).
B. Any elm logs, branches, stumps, firewood, or other elm material, which, in the opinion of the Forrester, constitutes a hazard, and which has not been stripped of its bark and burned or sprayed with an effective elm bark beetle insecticide.
C. Any living or standing oak tree or part thereof infected to any degree with the oak wilt disease fungus ceraloiystis fogacearum.
D. Any oak logs, branches, stumps, firewood, or other oak material, which, in the opinion of the Forester, constitutes a hazard and which has not been stripped of its bark and burned or sprayed within an effective fungicide.
E. Any other shade trees with an epidemic disease.
F. Any dead tree.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Delano City Council on August 18, 2015.
Dale Graunke, Mayor
Attest: Brian Bloch,
Finance Director
Published in the Delano Herald Journal Aug. 31, 2015.
NOTICE OF MORTGAGEFORECLOSURE SALE THE RIGHT TOVERIFICATION OF THE DEBT ANDIDENTITY OF THE ORIGINAL CREDITORWITHIN THE TIME PROVIDED BY LAW ISNOT AFFECTED BY THIS ACTION
NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage:
DATE OF MORTGAGE: February 2, 2009
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $238,000.00
MORTGAGOR(S): Catherine A. Zickermann and Tawny L. Gage, both single persons
MORTGAGEE: Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Services III, LLC
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.
MIN#: 100588309010107475
SERVICER: U.S. Bank National Association
LENDER: Mortgage Services III, LLC.
DATE AND PLACE OF FILING: Wright County Minnesota, Recorder, on February 24, 2009, as Document No. A1109786.
ASSIGNED TO: U.S. BANK NATIONAL ASSOCIATION Dated: June 17, 2014, and recorded June 23, 2014 by Document No. A1265606.
LEGAL DESCRIPTION OF PROPERTY: Lot 5, Block 2, Borell’s First Addition, Wright County, Minnesota, together with an easement for road purposes over the following described property; part of Outlot A of Borrell’s First Addition plat of record, described as follows: Commencing at a point on the Easterly line of said Outlot a 40 feet South 7 degrees 53 minutes East, from the Northeast corner of said Outlot A; thence South 7 degrees 53 minutes East along said Easterly line 73.6 feet; thence North 84 degrees 40 minutes West to the Shoreline of Mink Lake; thence Northwesterly along said Shoreline, 70 feet more or less to a point bearing South 87 degrees 38 minutes West, from the point of beginning; thence North 87 degrees 38 minutes East to the point of beginning, Wright County, Minnesota
PROPERTY ADDRESS: 8038 Griffith Ave NW, Maple Lake, MN 55358
PROPERTY I.D: 206017002050
COUNTY IN WHICH PROPERTY IS LOCATED: Wright
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: Two Hundred TwentyNine Thousand Two Hundred SeventyOne and 24/100 ($229,271.24)
THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all preforeclosure notice and acceleration requirements of said mortgage, and/or applicable statutes;
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: 10:00 AM on October 15, 2015
PLACE OF SALE: Sheriff`s Main Office, 3800 Braddock Avenue NE, Buffalo, MN 55313
to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is 6.00 months from the date of sale.
If Mortgage is not reinstated under Minn. Stat. Section 580.30 or the property is not redeemed under Minn. Stat. Section 580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on April 15, 2016, or the next business day if April 15, 2016 falls on a Saturday, Sunday or legal holiday.
“THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL 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, 2015
U.S. BANK NATIONAL ASSOCIATION
Randall S. Miller and Associates, PLLC
Attorneys for Assignee of Mortgage/Mortgagee
Canadian Pacific Plaza, 120 South Sixth Street, Suite 2050 Minneapolis, MN 55402 Phone: 9522320052
Our File No. 15MN001091
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
Published in the Delano Herald Journal Aug. 31, Sept. 7, 14, 21, 28, and Oct. 5, 2015.