SUMMARY MINUTES New York Mills City Council

February 13, 2024 4:30 p.m.

Members present: Maki, Nesland, Grotheer, Hetland

Absent: Hammond

Staff present: City Clerk Roberts, Admin Asst Kopveiler, Liquor Store Manager Jacobson, Public Works Director Mattson, Police Chief Berndt

Guests Present: Robert Kempenich

Call to Order by Mayor Maki at 4:31 p.m. A quorum was present.

Pledge of Allegiance

Final Agenda Adoption – Motion by Nesland to approve, 2nd by Hetland. Vote u/c

Approval of Minutes– January 9, 2024 Regular Meeting & Public Hearing – Motion by Grotheer to approve, 2nd by Hetland. Vote u/c

Communications & Recognitions – Thank you from Cultural Center

Department Reports

Liquor Store Report – Motion by Grotheer to approve, 2nd by Hetland. Vote u/c

Fire Dept Report – Motion to approve along with approval of invoice for pre-payment of new fire truck chassis by Nesland, 2nd by Hetland. Vote u/c Police Department Report – Motion by Grotheer to approve, 2nd by Nesland. Vote u/c

Utilities Department Report – Motion by Nesland to approve, 2nd by Hetland. Vote u/c

Administrative Department Report – Motion by Hetland to approve, 2nd by Grotheer. Vote u/c

Open Public Forum – No one present

Public Requests – None. Boards, Commission, and Committee Reports –

Economic Development Authority -Draft Minutes from January 17, 2024 meeting in packet. Next meeting February 21, 2024.

Financial Consent Agenda, Financial Reports & Payment of Financial Claims- Motion by Nesland to approve along with additional bills presented, 2nd by Grotheer. Vote u/c

Old Business and Tabled Items – None

New Business

Agenda Request from Robert Kempenich regarding Calendar Parking – Discussed concerns over new parking ordinance and other items.

CEDA Grant Award to City of New York Mills – City was awarded $15,000 as well as 150 hours technical service assistance for business revitalization. Resolution Acknowledging Cash Donation from NYM Lions to NYM Fire Department-Resolution No. 02-13-2024-Motion to approve by Hetland, 2nd by Grotheer. Vote u/c

Resolution Acknowledging Cash Donation from VFW Post 3289 for the NYM Fire Department – Resolution 02-13-2024a- Motion to approve by Nesland, 2nd by Hetland. Vote u/c

Resolution for Approval of NYM Lions Gambling Premise/Continental Divide Brew Pub- Resolution 02-13-2024b was presented. Motion by Nesland to approve, 2nd by Grotheer. Vote: Nesland, Grotheer, Maki in favor, Hetland abstained.

2024/2025 Sidewalk Cleaning Rates – Discussion held regarding costs/rates vs eliminating service. Motion by Nesland to raise rates over two-year period (to $2.50 per linear foot next year & $5.00 per linear foot the following year.) with Council to re-evaluate each year. 2nd by Hetland. Vote u/c

Closed Session 5:38 pm for discussion of sale of City property. Regular Meeting Resumed at 5:50 p.m. Action on Closed Session – Motion by Nesland to publish City property at 103 & 105 S. Main for sale by bid with minimum bid of $19,600, 2nd by Hetland. Vote u/c

Adjournment- Motion to adjourn at 5:55 p.m. by Nesland 2nd by Hetland. Vote u/c

Next Meeting Date

Regular Meeting

Tuesday March 12, 2024

Published February 21, 2024

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.

Date: January 31, 2024

1. Default has occurred in the conditions of a Mortgage, dated March 15, 2022, given by Tammy M. Gartner, a married person, as mortgagor, to Citizens National Bank of Park Rapids, as mortgagee. Such Mortgage was filed with the county Recorder, Otter Tail County, Minnesota on March 21, 2022, as Document Number 1274290. Assigned to: N/A.

2. The original principal amount secured by the Mortgage was $146,682.00.

3. No action or proceeding at law is now pending to recover the debt secured by the Mortgage, or any part thereof, and no Mortgagor has been released from liability on the Mortgage.

4. The holder of the Mortgage has complied with all conditions precedent to acceleration of the debt secured by the Mortgage and foreclosure of the Mortgage, and all notice and other requirements of applicable statutes.

5. At the date of this notice, the amount due on the Mortgage, and taxes, if any, paid by the holder of the Mortgage is: $153,753.74.

6. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the land described as follows: The East 1056 feet of the North 330 feet of the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) Section Twenty-five (25), Township One Hundred Thirty-six (136), Range Thirty-six (36), Otter Tail County, Minnesota, will be sold by the Sheriff of Otter Tail County, Minnesota, at public auction on April 11, 2024, at 10:00 a.m., at the Otter Tail County Courthouse, 121 West Junius Avenue, Fergus Falls, Minnesota 56537, 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.

7. The time allowed by law for redemption by Mortgagor or Mortgagor’s personal representatives or assigns is six (6) months after the date of sale. Each holder of a junior lien may redeem in the order and manner provided in Minnesota Statutes Chapters 580 and 582, beginning after the expiration of the mortgagor’s redemption period. If the Mortgage is not reinstated or the property redeemed, and the mortgaged real estate is an owner-occupied single family dwelling, the Mortgagor must vacate the property by 11:59 p.m. on October 11, 2024.

8. 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.

Property Address: 63884 County Highway 68, Wadena, MN 56482.

Parcel No.: 04-000-25-0180-003.

Servicer: Citizens National Bank of Park Rapids

Transaction Agent: None.

Transaction Agent No.: None.

THOMASON, SWANSON & ZAHN, PLLC

Trent R. Wilcox, Attorney ID#0392771

120 N. Main Avenue, P.O. Box 87

Park Rapids, MN 56470

(218) 732-7236

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

Published February 14, February 21, February 28, March 6, March 13, March 20, 2024

STATE OF MINNESOTA                             IN DISTRICT COURT

COUNTY OF OTTER TAIL                   SEVENTH JUDICIAL DISTRICT

AFIC LLC, Court File No:

Plaintiff,

vs.

SUMMONS

State of Minnesota, Philip J. Fitzpatrick, Otter Tail Power Company, Lucille M. Alm, A.W. Thomsen, Charles-Roy Co’, Community Federal Savings & Loan Association, Donald B. Meyer, Donna J. Meyer, Stephen Rabbers, also known as Stephen J. Rabbers, Jody Rabbers, Perham Colonial Square, Inc., First National Bank of Detroit Lakes, Dennis Happel, Joan Happel, Phat Nguyen, Vinh Bui, United Community Bank, formerly known as Perham State Bank, Joel W. Poulson, Nancy L. Poulson, Diana L. Osterfeld, Curtis Osterfeld, Pamela Osterfeld, Curtis Osterfeld, as Personal Representative of the Estate of James C. Osterfeld, also known as James Osterfeld, 106 Properties, LLC, American National Bank of Minnesota, Glen A. Bucholz, Peter J. Babier, also known as Peter Babier, Amy Babier, Michael J. Wallin, Abigail N. Wallin, also known as Abby N. Wallin, Mark Siebels, Jeff Siebels, Ronald Walz, Raymond Walz, Rodney Walz, Alan Walz, Ruth Janke, Bernard Walz Jr, Kevin Walz, Lyle Walz, Marion Goeden, Curtis Walz,

Melanie Cole, Marla Waska, Renee Walz, Amy Walz, Terry Bleichner, Mike Bleichner, Karen Trapp, Net90 Steel, LLC, Gilbert Ternus, Teresa Ternus, the unknown heirs of lzona Lorenzen, deceased, the unknown heirs of Rolin Lorenzen, deceased, the unknown heirs of Leonard M. Alm, deceased, the unknown heirs of Hazel M. Rogert, deceased, the unknown heirs of Lee J. Rogert, deceased, the unknown heirs of Marilyn Siebels, deceased, the unknown heirs of Bernard J. Walz, deceased, the unknown heirs of Joanne M. Walz, deceased, the unknown heirs of John L. Bleichner, deceased, and the unknown heirs of any of the above named persons now deceased, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein.

Defendants.

THIS SUMMONS IS DIRECTED TO the above named Defendants.

1. YOU ARE BEING SUED. The Plaintiffs have started a lawsuit against you. The Plaintiff’s Complaint against you is attached to this Summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summons.

2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at:

Samuel D. Felix, Attorney at Law

450 West Main Street

Perham MN 56573

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiffs should not be given everything asked for in the Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS

SUMMONS. If you do not answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.

5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.

6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.

7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Otter Tail County, State of Minnesota, legally described as follows:

That part of the Southeast Quarter of the Southwest Quarter (SW¼) of Section Ten (10), Township One Hundred Thirty-six (136), Range Thirty-nine (39), Otter Tail County, Minnesota, described as follows:

Commencing at the southwest corner of said Section Ten (10), thence North 89 degrees 59 minutes 24 seconds East on the southerly line of said Section Ten (10), assumed bearing, a distance of 1147.37 feet; thence continuing North 89 degrees 59 minutes 24 seconds East along the southerly line of said Section 10, a distance of 233.49 feet; thence North 01 degrees 10 minutes 45 seconds East, a distance of 50.01 feet to an iron monument on the northerly right of way line County State Aid Highway No. 34; thence continuing North 01 degrees 10 minutes 45 seconds East, a distance of 420.68 feet to an iron monument; thence North 01 degrees 07 minutes 53 seconds East, a distance of 529.86 feet to an iron monument; thence South 49 degrees 44 minutes 28 seconds East, a distance of 453.58 feet to an iron monument; thence North 40 degrees 17 minutes 21 seconds East, a distance of 145.33 feet to an iron monument; thence continuing North 40 degrees 17 minutes 21 seconds East, a distance of 3.18 feet to an iron monument at the northeast corner of the tract of land described in Document Number 784933 said document is on file and of record in the office of the Recorder, said county, also being the point of beginning; thence North 49 degrees 55 minutes 32 seconds West along the northeasterly line of said tract of land, a distance of 242.72 feet; thence South 40 degrees 04 minutes 28 seconds West, a distance of 0.33 feet; thence North 49 degrees 55 minutes 35 seconds West, a distance of 88.45 feet; thence North 40 degrees 04 minutes 28 seconds East, a distance of 0.34 feet to said northeasterly line; thence North 49 degrees 55 minutes 32 seconds West along said northeasterly line, a distance of 118. 77 feet to an iron monument at the southeast corner of the tract of land of Document Number 1188565, said document is on file and of record in said office; thence North 40 degrees 11 minutes 44 seconds East along the southeasterly line of said tract of land described in said Document Number 1188565, a distance of 103.20 feet to

an iron monument; thence South 50 degrees 26 minutes 15 seconds East, a distance of 150.14 feet to an iron monument; thence North 40 degrees

16 minutes 44 seconds East, a distance of 185.22 feet to the southerly right of way of County State Aid Highway Number 80; thence South 49 degrees 36 minutes 20 seconds East along said southerly right of way, a distance of 300.02 feet to an iron monument; thence South 40 degrees 17 minutes 21 seconds West, a distance of 288.09 feet to said point of beginning.

SUBJECT TO easements, restrictions, and reservations of record, if any.

The object of this action is to determine the title and adverse claims to the real property described above and to have Plaintiff adjudged the owner thereof in fee simple.

The Defendants will take notice that no personal claim is made herein against any of them.

Dated: January 5, 2023

KARKELA, HUNT & CHESHIRE, PLLP

By: Samuel D. Felix

450 West Main Street

Perham, MN 56573

Attorney Reg. No. 0397125

Telephone: 218-346-4995

Facsimile: 218-346-4405

Email: sfelix@firmanswer.com

ATTORNEYS FOR PLAINTIFF

Published February 7, February 14, February 21, 2024

CITY OF NEW YORK MILLS

The City of New York Mills is seeking bids from interested parties on the purchase of city owned property at 103 Main Ave South and 105 Main Ave South.  The two lots will be sold together.  Minimum bid on the two lots is a total of $19,600.  City parcels 73000990175000 and 73000990176000.  

Interested parties may pick up the bid form at the City Clerk’s office located at 28 Centennial 84 Drive West, New York Mills, MN.  Packets can be e-mailed or picked up in person.  To request a packet, send an

e-mail to:  cityclerk@cityofneworkmills.org or call the City offices at 218-385-2213.  Bids should be received in the City offices no later than  4:00 p.m. on Monday, March 4, 2024.  The City of New York Mills reserves the right to refuse any and all bids.

Published February 21, February 28, 2024

Homestead Township Notice

Notice is hereby given to the qualified voters of Homestead Township, County of Otter Tail, State of Minnesota, that the Annual Election of Town Officers and Annual Town Meeting will be held on Tuesday, March 12, 2024 at the Townhall.

In case of inclement weather, the meeting and Election may be postponed until the third Tuesday of March (March 19, 2024).

The Election Poll hours will be open from 5:00 PM to 8:00 PM at which time the voters will elect:

One (1) Supervisor 3 year term

One (1) Clerk        2 year term

The Annual Meeting will commence at 8:05 PM to conduct all necessary business prescribed by law.

Jason Cooley, Clerk

Homestead Township

Published February 21, February 28, 2024

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