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HomeMy WebLinkAbout04-13-20090 Q E. MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, April 13, 2009 Council Chambers, City Hall Meeting No. 08-09 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:33 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember APPROVAL OF AGENDA Present Present until 11:53 p.m. Present Present Present Councilmember Nephew moved to table 11. Reinstatement of the Human Relations Commission due to a scheduling conflict. City Manager Antonen requested the addition of G2. Severe Weather Awareness week April 20- 24, 2009, for Fire Chief, Lukin to report on. Mayor Longrie requested the addition of G3. St. John's Hospital and the signing of a letter in support of St. John's Hospital's efforts for additional funding. Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Rossbach. Ayes — All The motion passed. APPROVAL OF MINUTES Approval of March 23, 2009 City Council Workshop Minutes. Councilmember Rossbach moved to approve the March 23, 2009, City Council Workshop Minutes as amended. Seconded by Councilmember Hjelle. The motion passed. Ayes — Al I Approval of March 23, 2009, City Council Meeting Minutes. April 13, 2009 City Council Meeting Minutes Councilmember Juenemann had a correction on page 5 of 250 in the packet, E. changing the spelling of Mark Gurnis to Gernes. Councilmember Nephew moved to approve the March 23, 2009, City Council Meeting Minutes as amended Seconded by Councilmember Rossbach. Ayes — All The motion passed. F. VISITOR PRESENTATIONS — PART I Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick spoke regarding Copar and property in south Maplewood. He said Councilmember Rossbach should not be voting on certain things because he is President of the Builders Association. (Councilmember Rossbach said he has never been President of the Builders Association.) Councilmember Nephew met with Representatives Leon Lillie, Chuck Wiger, and Nora Slawik regarding the property in south Maplewood and said Councilmember Nephew shouldn't have intervened with the legislators. 2. Dave Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling asked what the City of Maplewood is going to do to cut spending and to offset the large wages in the city. He read some headlines from the newspaper regarding other cities that have made cutbacks and have made reductions in employees such as at 3M. He doesn't think Maplewood is going to do anything to cut spending and he believes property taxes in Maplewood will be raised 4-5%. 3. Gerald Parenteau, 617 Century Avenue, Maplewood. Mr. Parenteau said he was concerned about the facts he heard regarding the smoke task force and recreational and wood fires. Therefore he wanted to get the facts straight so he could talk to his neighbors and have the correct information. He said he cooks homemade maple syrup at home on a wood fire and he was concerned continuing to have that ability. 4. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten discussed the major fuel spill of 50 gallons of diesel fuel that spilled into County Ditch 18 and into the surrounding waterways. Ms. Sletten wondered who was paying for the cleanup and when would it be completely cleaned up. She asked if the city is doing anything proactively to make sure this fuel spill is cleaned up. (Fire Chief Lukin said fuel was being transported from one tank to the other. This fuel is something that floats on top of the water and doesn't go into the ground water. The company has their buoys out there and its common practice to leave that out there for 30 days. The company used 250 to 300 gallons of water and flushed the storm sewer area to clean things up. The city is keeping close contact with St. Johns Hospital and BayWest and they think they have 90% of the fuel spill and will continue clean up the remaining amount as time permits.) 5. Louis Speis, 3095 Chisholm Court North, Maplewood. Mr. Speis provided a handout for the permanent record. His concern was people using golf carts on the Bruentrup Farm property and on the city streets during weddings at the Bruentrup Farm in order to transport people. He said he didn't think that was right so he called the Minnesota motor vehicle department and it states that unless the respective city allows it golf carts and ATVs are not allowed on city streets. He said if you don't do something to straighten this problem out we are asking for a problem to occur. He wanted someone like the Police Department to check into this problem. April 13, 2009 2 City Council Meeting Minutes 6. Peter Fischer, 2443 Standridge Avenue, Maplewood. He spoke as a resident of Maplewood. Mr. Fischer spoke about the Copar Development and the Schlomka property in south Maplewood and the efforts to secure the land which goes back 20 years. He said he was at the state legislature in early March. He works at a homeless shelter and several of the youth wanted to lobby on homeless issues and as they were going down the hall local Representative Leon Lillie recognized Mr. Fischer. He told Mr. Fischer he wanted to talk to him about issues that may have impacts on parks in Maplewood. He knew Mr. Fischer was the Chair of the Parks Commission. Representative Lillie said he sits on the committee that is the committee that is going to be handing out the money that was approved in the Constitutional Amendment Referendum in November. He said he had a number of people in the area contact him about preserving the land in south Maplewood. In the Parks Comprehensive Plan there is an identifying piece on that land and if the opportunity and the money was available to purchase the property the parks commission would like to. This is in Representative Slawik's area and Representative Lillie asked if Mr. Fischer could go and speak to Representative Nora Slawik which he did. She had asked if there was support to own this property in south Maplewood in the community and Mr. Fischer said there has been strong support for this property for over 20 years and have been many attempts for years to purchase this parcel. Mr. Fischer said he contacted DuWayne Konewko and Councilmember Nephew because Councilmember Nephew had been attending a lot of the meetings and following things for a number of months. The thought was to get people on the legislative side. There needed to be a team to move quick to make the dream to purchase this property come true. He also contacted Senator Chuck Wiger and he was supportive of this as well. Councilmember Nephew brought this up to the City Council and he asked if any of the councilmembers have any reservations. The council said to move forward with things. Not only was staff working on it, the city manager wrote a letter of support. A hearing came up where they could testify and there was a good reception to the idea of purchasing this property. The committee seemed very interested and wanted to move forward with the process. About 1 %2 hour later a letter from Mayor Longrie arrived from the Republican leader in the House. Some of the things Mayor Longrie alluded to was that maybe Mr. Fischer wasn't a parks person because he spoke against conservation easements and that maybe this is politically motivated. This is something key to the people of Maplewood. He tried to find money to make this dream come true and proceeded to pursue things and help coordinate and in return he felt what he received was a stab in the back from the Mayor and he felt uncomfortable because the people that took their time out of the legislative process were disrespected in the process. He said he is disappointed in the Mayor and someone needs to take a look at the letter that was sent out by Mayor Longrie regarding this situation. G. ADMINISTRATIVE PRESENTATIONS May 25, 2009, City Council Meeting — Change of Date Discussion Due to Memorial Day Holiday (Held over until April 27, 2009). 2. Severe Weather Awareness week is April 20-24, 2009. 3. St. John's Hospital Letter to be signed by Mayor Longrie Mayor Longrie read the letter aloud. H. COUNCIL PRESENTATIONS April 13, 2009 3 City Council Meeting Minutes 1. Silver Star Banner Day City Proclamation Honoring the Sacrifice of the Men and Women in the Armed Forces. (Held over until April 27, 2009) APPOINTMENTS AND PRESENTATIONS 1. Reinstatement of the Human Relations Commission — Councilmember Nephew Councilmember Nephew moved to table the Reinstatement of the Human Relations Commission. Seconded by Councilmember Juenemann. Ayes - All The motion to table passed. 2. Groundwater Presentation — Ramsey Conservation District 5 a. Tom Peterson, District Manager with the Ramsey Conservation District 5 addressed and answered questions of the council. b. Jeff Nash, Ramsey Conservation District 5 gave the report and addressed and answered questions of the council. J. PUBLIC HEARINGS 1. 7:00 p.m. Public Hearing — Wetland Ordinance Amendments — First Reading a. Environmental Planner, Shann Finwall gave the report and answered questions of the council. b. Community Development and Parks Director, DuWayne Konewko answered questions of the council. C. City Manager, Jim Antonen addressed the council. d. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie opened the public hearing at 7:42 p.m. 1. Sharon Sandeen, 1748 Gulden Place, Maplewood. 2. Nancy Montpetit, 1742 Gulden Place, Maplewood. 3. Bob Zick, 2515 White Bear Avenue, Maplewood. 4. Linda Bryan, 1752 Gulden Place, Maplewood. 5. Steve Bryan, 1752 Gulden Place, Maplewood. 6. Barbara Leiter, 1734 Gulden Place, Maplewood. 7. Richard Allen Lang, 1700 Barclay Street North, Maplewood. 8. Ginny Yingling, 673 Dorland Road South, Maplewood. 9. Ralph Sletten 2747 Clarence Street North, Maplewood. 10. Mark Jenkins, 830 new Century Boulevard South, Maplewood. 11. Pat Eitland, 2050 Arcade Street N., Maplewood. April 13, 2009 4 City Council Meeting Minutes 12. Susie Splinter, 1706 Barclay Street, Maplewood. 13. Kevin Tkachuck, 739 County Road B East, Maplewood. 14. George Oxford, 2305 Linwood Avenue East, Maplewood. 15. Carol Bayer, 791 Kenwood Lane, Maplewood. 16. Chris Jacobson, 2486 Kohlman Lane, Maplewood. 17. Dave Johnson, 2587 Lydia Avenue, Maplewood. 18. Nancy Rogers, 1759 Howard Street, Maplewood. Mayor Longrie closed the public hearing at 10:58 p.m. Councilmember Hjelle moved to deny the first reading of the Wetland Ordinance Amendment. Seconded by Mayor Longrie. The motion to deny failed. Ayes — Mayor Longrie & Councilmember Hjelle Nays — Councilmembers Juenemann, Nephew & Rossbach Councilmember Nephew moved to approve the first reading of the Wetland Ordinance Amendment. This ordinance makes changes to the Environmental Protection and Critical Area Article pertaining to wetland regulations. (Changes to the Ordinance shall include the following amendments as recommended by the council:) 1. To look at the averaging and perhaps it is too restrictive. 2. That the best management practices are better defined 3. That the 10 foot setback elimination except for in the utility class. 4. There be a better clarification with regard to what portions are applicable to the homeowner that has the single home verses the new construction application. 5. The homeowner is able to do their own work on their property. 6. Incorporate the use of best management practices to provide for a decrease in the buffer as an incentive. 7. To take a look at whether or not those properties that are on a lake whether or not they should regulated by the wetland ordinance amendment or not or whether or not it is the shoreland. The council will review that at the next reading. 8. To clarify the rights concerning rebuilding on the same building footprint. Seconded by Councilmember Juenemann. The motion passed. April 13, 2009 City Council Meeting Minutes Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle 5 K. L Staff will bring this item back for the second reading at the end of May or beginning of June. Councilmember Hjelle moved to adjourn the meeting until Thursday, April 16, 2009. Seconded by Mayor Longrie. Councilmember Hjelle moved to withdraw his motion to adjourn the meeting due to lack of support. The council took a recess from 11:52 p.m. until 12:05 a.m. The Council reconvened the meeting at 12:05 a.m. Mayor Longrie moved to extend the meeting to hear G3. Seconded by Councilmember Nephew. The motion passed. UNFINISHED BUSINESS nda items K1. L1-L4. M1. M5. M12 and Ayes — All Bruentrup Heritage Farm Lease Agreement a. Approval of Lease Agreement a. Robert Overby residing in St. Paul, President, Maplewood Area Historical Society, addressed the council. b. City Attorney, Alan Kantrud gave the report. C. City Attorney, Jim Antonen addressed the council. Councilmember Rossbach moved to approve the draft lease agreement with the Maplewood Area Historical Society. This lease allows the society the use of the Bruentrup Heritage Farm site and buildings located at 2170 County Road D. Adding clarification in item 15. (A) and (B) to include If any major buildin_g i.e. farmhouse or barn is damaged by fire. Seconded by Councilmember Nephew. Ayes — All The motion passed. NEW BUSINESS On -Sale Intoxicating Liquor License — Eric Froeming, Part Owner and Manager of the Chalet. a. Maplewood Police Chief, Dave Thomalla gave the report. b. Eric Froeming, Part Owner and Manager, The Chalet, 1820 Rice Street, Maplewood. Councilmember Nephew moved to approve Mr. Eric Froeming as the on -sale intoxicating liquor license manager for The Chalet at 1820 Rice Street, Maplewood. Seconded by Councilmember Rossbach. Ayes — All April 13, 2009 City Council Meeting Minutes R The motion passed. 2. Approval of Lawful Gambling Permit for Transfiguration Church at Hill Murray High School a. Maplewood Police Chief, Dave Thomalla gave the report. Councilmember Rossbach moved to approve the temporary gambling permit for Transfiguration Church at 2625 Larpenteur Avenue, Maplewood. RESOLUTION 09-04-157 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Transfiguration Church, 6133 - 15th Street N., Oakdale, MN to be used on May 1, 2009 at Hill Murray High School, 2625 Larpenteur Avenue, Maplewood, MN. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Council Consideration of Resolution Supporting the Fish Creek Natural Area Greenway Bill — House File No. 2055 a. Community Development and Parks Director, DuWayne Konewko gave the report. b. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie said she reviewed the DVD March 9, 2009, council meeting and had the following to report from that meeting: Under Council Presentations, Councilmember Nephew talked about Fish Creek and mentioned Senator Chuck Wigers update. Councilmember Nephew said he had conversations with city officials and stated he thinks staff is already working on this. Mr. Nephew stated that he was suggesting council direction for a report to the council on the status of what CoPar is doing, if CoPar is open to an extension and staff ideas on possible strategies for acquisition. Mayor Longrie added that she was also interested in whether or not prices had gone down on the property and Councilmember Nephew added input on the realistic chance of state funding should also be added to the report. Mayor Longrie asked where the bill is at, Councilmember Nephew said he didn't know if there is a bill. Ginny Gaynor said that the language is being crafted, it's not done, and the staff will report back. Mr. Nephew said it would also be nice to have a written confirmation of an extension from CoPar, or a letter of intent. Mr. Antonen said it sounds like the consensus is for staff to do a report, report back to the council, and then will have an opportunity to craft the language. Mayor Longrie said she then went back and watched the March 23, 2009, city council meeting, under Council Presentations she talked about Senate file 1564 and Councilmember Nephew April 13, 2009 7 City Council Meeting Minutes mentioned to her that was a bill that wasn't for the metro area and that there are other bills. Mayor Longrie said the citizens are looking for clarification and Councilmember Nephew said that Representatives Lillie and Slawik are coauthoring a bill for the metropolitan grant money and Mayor Longrie asked if it's competitive and Councilmember Nephew said he assumed so. Councilmember Nephew said in terms of the bill, Peter Fischer from the Parks and Recreation Commission was talking about at the Parks commission that it had not been introduced yet. Representative Slawik was just looking for comments. Councilmember Nephew indicated he talked to Mr. Konekwo and he said he made some suggestions on the legislation. Councilmember Nephew said he was not up to speed on the introduction and Mayor Longrie said she agreed she wasn't up to speed either and asked for more information to be put on the city website when introduced. The citizens want to know what it says and what the Senate file number is and how to find it. Mr. Konewko said as of that date it had not been introduced yet but he concluded by saying the staff will put on the city website, the information about the bill and when it's introduced and that he will provide updates to the city council. Mayor Longrie said the next agenda item was about the Star and Tribune article on Lakeland Construction Finance LLC. She said she looked on the city website and noticed that what is posted there is House File 2054 not 2055. Mayor Longrie said she found it very ironic that on December 23, 2008, when she brought up the item regarding Lakeland Construction Finance, LLC, Mr. Konewko said staff was talking about that in regards to Richie Place. Mr. Konewko mentioned that staff was closely monitoring the situation with Lakeland Construction Finance LLC and that they had consulted with City Attorney, Kantrud. Also ironic is the council had a meeting on March 9, 2009, and was wondering what the status was of CoPar when on March 4, 2009, when there was a sheriff sale on the complete CoPar property. Mayor Longrie asked staff when was the council going to be told this information. The finance company is Lakeland Construction Finance LLC, the very same company that is in receivership to the Bank of Scotland. And the Bank of Scotland has been taken over by England. She wished the whole council had been involved and the staff had been involved with what the council was doing. Mayor Longrie said rather than researching this for six to eight hours of work, if staff had done the report, this information may have been discovered. Mayor Longrie passed out documentation to the council. She said the reason this is important is because under the developer's agreement with CoPar, it says something very important, under the developer's agreement with CoPar it says CoPar is in default of their developer's agreement if there is a breach of the developer warranties. CoPar and all their entities here in Minnesota are not in good standing with the Secretary of State. They're inactive and not in good standing. The redemption period for this is in 3 weeks and CoPar has to come up with $13 million. CoPar refinanced this property in 2006 for $9.7 million when they just bought the property in 2005 for a little over $7 million. Mayor Longrie said the developer warranties have been breached whether or not CoPar has the legal capacity or authority to enter or perform their obligations. Mayor Longrie read from the developers agreement regarding default. It's in breach of payment of its mortgages. The receivership documents are filed in Hennepin County. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Char Wasiluk, 1740 Frank Street, Maplewood addressed the council. 2. Ginny Yingling, 673 Dorland Road, Maplewood addressed the council. Councilmember Rossbach moved to approve the resolution Supporting House File No. 2055 the Fish Creek Natural Area Greenway Bill. (Staff shall provide a timeline and detailed report to the council regarding the CoPar property). RESOLUTION 09-04-158 RESOLUTION SUPPORTING HOUSE FILE NO.2055 — FISH CREEK NATURAL AREA GREENWAY April 13, 2009 8 City Council Meeting Minutes Whereas, the City of Maplewood has a proud of history of conservation, environmental leadership, and stewardship of its natural resources; Whereas, the city was one of the first cities in the country to pass a referendum for acquisition of open space for conservation purposes; Whereas, the city was and continues to be a leader in the development of rain gardens that other cities across the country look to as a model; Whereas, the City of Maplewood's 2030 Comprehensive Plan leads again by including a Natural Resources chapter that articulates a vision for stewardship of our natural resources; Whereas, the city's 2030 comprehensive plan identifies four natural area greenways including the Fish Creek Natural Area Greenway; Whereas, the Fish Creek Natural Area Greenway faces the biggest threat of development; Whereas, the city has strong support from the community for the preservation of land in the Fish Creek Natural Area Greenway; Whereas, the city has received letters of support from the Friends of the Mississippi River and the Sierra Club to protect and preserve land within the Fish Creek Natural Area Greenway; Whereas, House File No. 2055 — Fish Creek Natural Area Greenway — appropriates $2,400,000 for acquisition of land within the Fish Creek Natural Area Greenway; Now, Therefore, Be it Resolved, that the Maplewood City Council hereby supports House File No. 2055 — Fish Creek Natural Area Greenway. Adopted this 13th day of April, 2009. Mayor City Clerk Seconded by Councilmember Nephew. Ayes — All The motion passed. Mayor Longrie had offered a friendly amendment to require a permanent protection covenant be placed on the land as a requirement of receiving the state funds. The friendly amendment failed. 4. Resolution Authorizing PMA to Act as Provider of Fixed Rate Investments a. Finance Director, Bob Mittet gave the report. Councilmember Nephew moved to approve the resolution Authorizing PMA to act as a provider for fixed rate investments. RESOLUTION 09-04-159 April 13, 2009 9 City Council Meeting Minutes Whereas, this Council deems it to be in the best interest of the City for its Finance Director to make use, from time to time, of investments which are legal under the applicable State statutes; AND Whereas, a list of such investments (Investment Policy) has been presented to this Council; AND Whereas, this Council deems it to be in the best economic and administrative interest of the City for its Finance Director to make use of, from time to time, (one or both) PMA Financial Network, Inc. and/or PMA Securities, Inc. in securing such investments; NOW, THEREFORE, BE IT RESOLVED by this Council: • That the Finance Director shall make use of investments legal under the applicable statutes (Investment Policy); and • That the Investment Policy be placed in the minutes of the meeting at which this Resolution was adopted; and that when needed, notice of the modifications made to the Investment Policy from time to time be provided by the Finance Director; and • That monies of the City may be invested at the discretion of its Finance Director or those acting on behalf of the Finance Director through the intermediary (PMA Securities, Inc. and PMA Financial Network, Inc.), and • That attached to this resolution is an Institutional Account Application; and, as needed, modifications to this Institutional Account Application will be provided and attached to this resolution; and • That the Finance Director may acquire guarantees for prompt return of invested and deposited monies; and • That placed in the minutes of this meeting are the "Account Agreement(s)" and the "Institutional Account Application" as issued by PMA Securities, Inc. and PMA Financial Network, Inc., and • That the City may open a depository account and enter into wire transfer agreements and safekeeping agreements with any other institutions participating in the PMA Programs, and • That in addition, the following individuals or their successors are authorized signers on this account: Name: FINANCE DIRECTOR Signature It is hereby certified that THE CITY OF MAPLEWOOD, the Finance Director of which is Robert Mittet, adopted this Resolution at a duly convened meeting of the Maplewood City Council held on the 13th day of April, 2009, and that such Resolution is in full force and effect on this date, and that such Resolution has not been modified, amended, or rescinded since its adoption. Signature: City Clerk Seconded by Councilmember Rossbach. Ayes — All The motion passed. M. CONSENT AGENDA April 13, 2009 10 City Council Meeting Minutes 1. Councilmember Nephew moved to approve items 1, 5, and 12. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 1. Approval of Claims Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: 129,426.31 Checks # 77984 thru # 78031 Payroll Checks and Direct Deposits dated 03/20/09 Dated 3/17/09 thru 03/24/09 127,905.26 Disbursements via debits to checking account $ Dated 03/13/09 thru 03/20/09 507,983.62 Checks # 78302 thru # 78076 2,470.29 Dated 03/20/09 thru 03/31/09 317,002.47 Disbursements via debits to checking account Dated 04/03/09 dated 03/20/09 thru 03/27/09 393,367.88 Checks #78077 thru #78130 979,648.27 Dated 04/02/09 thru 04/07/09 567,693.35 Disbursements via debits to checking account Dated 03/27/09 thru 04/03/09 2,043,378.89 Total Accounts Payable PAYROLL $ 491,927.57 Payroll Checks and Direct Deposits dated 03/20/09 $ 2,553.54 Payroll Deduction check #7015 thru #7016 dated 03/20/09 $ 482,696.87 Payroll Checks and Direct Deposits dated 04/03/09 $ 2,470.29 Payroll Deduction check #1007055 thru #1007056 Dated 04/03/09 $ Total Payroll 979,648.27 $ 3,023,027.16 GRAND TOTAL Seconded by Councilmember Juenemann. Ayes — All The motion passed 2. Approval of Joint Powers Agreement with the City of Mahtomedi Regarding Lifeguard Services for Mahtomedi Beach (Held over until April 27, 2009.) April 13, 2009 11 City Council Meeting Minutes 3. Approval of Joint Powers Agreement with the City of White Bear Lake Regarding Lifeguard Services for Bellaire Beach (Held over until April 27, 2009.) 4. Conditional Use Permit Review, Mapletree Group Home, 2831 Southlawn Drive (Held over until April 27, 2009.) 5. Invitation to Ribbon -Cutting Celebration for Nature Center's New Sustainable Landscape, Friday, May 1, 2009 at 4:30 - 6;30 p.m. (No Action Required) a. City Manager Antonen reported. 6. Lakewood Drive/Maryland Avenue Traffic Signal, City Project 09-03, Approval of Signal Agreement with Ramsey County (Held over until April 27, 2009.) 7. Approve Purchase of Bituminous Materials (Held over until April 27, 2009.) 8. Authorize 2009 Street Striping (Held over until April 27, 2009.) 9. Approve Purchase of 2009-2010 Winter Road Salt (Held over until April 27, 2009.) 10. Approve Extension of Traffic and Lighting Infrastructure Maintenance Agreement between St. Paul and Maplewood (Held over until April 27, 2009.) 11. Approve Contribution to North East Suburban Transit (NEST) (Held over until April 27, 2009.) 12. Castle Avenue Improvements, City Project 08-12, Resolution Accepting Assessment Roll and Ordering Assessment Hearing Councilmember Nephew moved to approve the resolution accepting the roll as attached and calling for an Assessment Hearing for May 11, 2009, at 7:00 p.m. for the Castle Avenue Improvements, City Project 08-12. RESOLUTION 09-04-160 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Castle Avenue Improvements, City Project 08-12 and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: 1. A hearing shall be held on the 11th day of May, 2009, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. April 13, 2009 12 City Council Meeting Minutes Seconded by Councilmember Juenemann. Ayes — All The motion passed. 13. Rice Street/TH 36 Interchange, Project 09-07, Project Update (Held over until April 27, 2009.) N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS — PART II None. P. ADJOURNMENT (Items that were not heard will be added to the agenda for the April 27, 2009, city council meeting.) Mayor Longrie adjourned the meeting at 1:27 a.m. April 13, 2009 13 City Council Meeting Minutes into, Pum -1-uYuad For The Permanent Record Meeting Date: 1-13-01 1 MINNESOTA STATUTES 2008 Agenda Item #: Vi < N -hr, �4 3 SptAea-i Y'� esu lrc�i s 169.045 SPECIAL VEHICLE USE ON ROADWAY. Subdivision 1. Designation of roadway, permit. The governing body of any county, home rule charter or statutory city, or town may by ordinance authorize theoperation of motorized golf carts, or four-wheel all -terrain vehicles, on designated roadways or portions thereof under its jurisdiction. Authorization to operate a motorized golf, cart or four-wheel all -terrain vehicle is by permit only. For purposes of this section, a four-wheel all -terrain vehicle is a motorized flotation -tired vehicle with four low-pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the form of the application for the permit, require evidence of insurance complying with the provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent with the provisions of this section, under which a permit may be granted. Permits may be granted for a period of not to exceed one year, and may be annually renewed. A permit may be revoked at any time if there is evidence that the permittee cannot safely operate the motorized golf cart or four-wheel all -terrain vehicle on the designated roadways. The ordinance may require, as a condition to obtaining a permit, that the applicant submit'a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart or four-wheel all -terrain vehicle on the roadways designated. Subd. 3. Times of operation. Motorized golf carts and four-wheel all -terrain vehicles may only be operated on designated roadways from sunrise to sunset. They shall not be operated in inclement weather or when visibility is impaired by weather, smoke, fog or other conditions, or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet. Subd. 4. Slow-moving vehicle emblem. Motorized golf carts shall display the slow-moving vehicle emblem provided for in section 169.522, when operated on designated roadways. Subd. 5. Crossing intersecting highways. The operator, under permit, of a motorized golf cart or four-wheel all -terrain vehicle may cross any street or highway intersecting a designated roadway. Subd..6. Application of traffic laws. Every person operating a motorized golf cart or four-wheel all -terrain vehicle under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provisions of this chapter, except when those provisions cannot reasonably be applied to motorized golf carts or four-wheel all -terrain vehicles and except as otherwise specifically provided in subdivision 7. Subd. 7. Nonapplication of certain laws. The provisions of chapter 171, are not applicable to persons operating motorized golf carts or four-wheel all -terrain vehicles under permit on Copyright 0 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2008 169.045 designated roadways pursuant to this section. Except for the requirements of section 169.70, the provisions of this chapter relating to equipment on vehicles is not applicable to motorized golf carts or four-wheel all -terrain vehicles operating, under permit, on designated roadways. Subd. 8. Insurance. In the event persons operating a motorized golf cart or four-wheel, all -terrain vehicle under this section cannot obtain liability insurance in the private market, that person may purchase automobile insurance, including no-fault coverage, from the Minnesota Automobile Assigned Risk Plan at a rate to be determined by the commissioner of commerce. History: 1982 c 549 s 2; 1986 c 452 s 19; 1Sp1986 c 3 art 2 s 12; 1987 c 337 s 121,122; 1997 c 159 art 2 s 18 Copyright 0 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2008 65B.49 65BA INSURERS: Subdivision 1. Mandatory offer of insurance benefits. On and after January 1, 1975, no insurance policy providing benefits for injuries arising out of the maintenance or use of a motor vehicle shall be issued, renewed, continued, delivered, issued for delivery, or executed in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, under provisions approved by the commissioner, requiring the insurer to pay, regardless of the fault of the insured, basic economic loss benefits. A plan of reparation security shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged, the term and limits of liability, and shall contain an agreement or endorsement that insurance is provided thereunder in accordance with and subject to the provisions of sections 65B.41 to 65B.71. Subd. 2. Basic economic loss. Each plan of reparation security shall provide for payment of basic economic loss benefits. Subd 3. Residual liability insurance..(1) Each plan of reparation security shall also contain stated limits of liability, exclusive of interest and costs, with respect to each vehicle for which coverage is thereby granted, of not less than $30,000 because of bodily injury to one person in any one accident and, subject to said limit for one person, of not less than $60,000 because of injury to two or more persons in any one accident, and, if the accident has resulted in injury to or destruction of property, of not less than $10,000 because of such injury to or destruction of property of others in any one accident. (2)==Under residual liability insurance the reparation obligor shall be liable to pay, on behalf of the insured, sums which the insured is legally obligated to pay as damages because of bodily injury and property damage arising out of the ownership, maintenance or use of any motor vehicle, including a motor vehicle permissively operated by an insured as that term is defined in section 65B.43, subdivision 5, if the injury or damage occurs within this state, the United States of America, its territories or possessions, or Canada. A reparation obligor shall also be liable to pay sums which another reparation obligor is entitled to recover under the indemnity provisions of section 65B.53, subdivision 1. (3) Every plan of reparation security shall be subject to the following provisions which need not be contained therein: (a) The liability of the reparation obligor with respect to the residual liability coverage required by this clause shall become absolute whenever injury or damage occurs; such liability may not be canceled or annulled by any agreement between the reparation obligor and the insured Copyright 0 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. House Research Department Low -Power Vehicles Summary of Low -Power Vehicles Updated: October 2008 Page 3 The tables below outline the basic requirements for each type of low-power vehicle. Subsequent sections provide more detail on vehicle descriptions and regulations. `Golf Cart & Motor Scooter & Certain ATVs Mini -truck Motorcycle Motorized Bicycle Key ATV: 800 cc Not defined Motor scooter: not 50 cc and 2 hp characteristics engine, four defined, engine, top speed flotation tires, Motorcycle: seat or of 30 m.p.h. max. weight of 600 saddle, up to three pounds wheels Golf cart: not defined Registration None; possible None; possible Title, registration, Registration and DNR registration DNR registration and license plate license plate for ATVs as ATV Licensing. None None Driver's license Driver's license or with two -wheeled permit vehicle endorsement Insurance Liability and None Liability coverage Liability coverage personal injury (same as passenger (same as passenger. coverage (same as autos) autos) passenger autos) Operation Generally same Not allowed on Generally same Generally same rules traffic laws as public roads traffic laws as traffic laws as other motor motorcycles and motorcycles and vehicles other motor other motor vehicles vehicles Safety Rearview mirror; None Helmet if under Helmet if under equipment slow-moving 18; eye protection 18; eye protection vehicle emblem for all operators; for all operators; headlight must be headlight must be on at all times on at all times; taillight required for night House Research Department Low -Power Vehicles Low -Power Vehicle Types and Regulations Updated: October 2008 Page 5 Motorized vehicles are not usually subject to state regulation while they are being operated on private land, including private driveways. However, once they venture onto streets, roads, and even alleys they are subject to state, and in some places local, regulations. With the introduction of motorized foot scooters and neighborhood electric vehicles, recent changes in Minnesota law have expanded the assortment of vehicles that can be operated on public roadways. This section describes the basic classifications of different low-power vehicles under Minnesota law, outlines their legal definitions and general characteristics, and provides an overview of regulatory provisions for each. Golf Carts and Four -Wheel ATVs Classifications' Golf carts are not specifically defined in statute. They were originally manufactured for use on golf courses, but their variety and uses have increased. The vehicle usually seats two to four people and can be powered by an electric or gasoline engine ranging from under 4 to over 20 horsepower. Vehicle weight can go from 500 to over 2,000 pounds. 'Top speed is typically less than 20 miles per hour. Some models can go up to 25 miles per hour and may be considered a neighborhood electric vehicle or medium -speed electric vehicle under Minnesota law. For purposes of limited use by permit on public roads, four-wheel all -terrain vehicles (ATVs) are defined in statute as a motorized flotation -tired vehicle with four tires and an engine displacement of no more than 800 cc, weighing less than 600 pounds. Minn. Stat. § 169.045, subd. 1. Note that while ATVs are not registered for on -road use, they generally must be registered with the Department of Natural Resources (which is not discussed in this publication). Regulations Under most circumstances, both motorized golf carts and ATVs are not titled or registered with the Department of Public Safety and cannot'ordinarily be operated on public roads., However, Minnesota law does allow local units of government, such as counties and cities, to authorize both motorized golf carts and certain four-wheel ATVs to use streets and highways under their jurisdiction. Minn. Stat. § 169.045. Registration Operation of golf carts and certain four-wheel ATVs can be allowed via a special permit issued by counties, cities, or towns. Minn. Stat. § 169.045, subd..l . The Minnesota Department of Transportation cannot issue the Image sources: www.floridaslargestgolfshow.com/register.htm; http://www.gekgo.com/cpi-gas-atvs.html House Research Department Low -Power Vehicles Licensing Insurance Operation Safety equipment Updated: October 2008 Page 6 permit for use on trunk highways. If a local unit of government so chooses, it can issue the permit to operate a motorized golf cart or four -wheeled ATV on roadways under its jurisdiction. A permit does not allow use on roads that are not under the authority of the issuing unit of government. A city -issued permit, for instance, would not authorize operation on county roads. The permit can limit use to certain roads and must be renewed annually. It can be revoked at any time based on evidence of inability to safely operate the vehicle. The governing body must establish an ordinance that provides for permit application and confirmation that insurance requirements are met. The ordinance can establish additional conditions as well as require certification by a physician of ability to safely operate the vehicle. A driver's license or instruction permit is not required. Minn. Stat. § 169.045, subd. 7. Insurance requirements match that of other passenger automobiles, including liability coverage (which covers certain claims from another driver) and personal injury protection under the Minnesota No -Fault Automobile Insurance Act (which establishes minimum coverage levels for medical, lost wages, and related expenses).' If insurance cannot be obtained on the private market, it can be purchased from the Minnesota Automobile Assigned Risk Plan with a rate determined by the Department of Commerce. Drivers of golf carts and ATVs are subject to the same traffic laws as operators of other motor vehicles. The vehicle can only be operated between sunrise and sunset, and cannot be used in bad weather or if there is not enough light to see people and other vehicles from 500 feet away. The vehicle can only be operated on designated roadways, although they may cross other roads and highways. Standard equipment requirements for motor vehicles do apply to vehicles operating under the permit, except that a rearview mirror is needed. It must provide a view to the rear for at least 200 feet. The vehicle must also display a triangular slow-moving vehicle emblem. 'The minimum liability coverage is $30,000 per person for injuries, $60,000 per occurrence for injuries, and $10,000 for property damage. The minimum personal injury protection coverage is $40,000 per person per accident ($20,000 for hospital and medical expenses, and $20,000 for other expenses such as lost wages). For The Permanent Record Meeting Date: �— �3_ q Agenda Item #• RAMSEY COUNTY GROUNDWATER DI? nTPrTTnATIDT AAT 2009 For: Ramsey County Board of Commissioners By: Ramsey Conservation District 'Water Supply Sources %rMunicipaIttes,uiRamsey County . rSt 'Paul Regional Water ServTce� Groundwaterthe sole source of � 1 t :Ts s<` � 4C� a Blaine Gem Lake Mounds View Arden Hills New Brighton Yl North Oaks Lauderdale North St. Paul Little Canada Saint Anthony Maplewood Shoreview Spring Lake ParkRoseville St. Paul Vadnais Heights White Bear Lake 'Water Supply Sources %rMunicipaIttes,uiRamsey County . rSt 'Paul Regional Water ServTce� Groundwaterthe sole source of :Ts (mostly from MTssissip�i River) is for Blaine Gem Lake Mounds View Arden Hills New Brighton Falcon Heights North Oaks Lauderdale North St. Paul Little Canada Saint Anthony Maplewood Shoreview Spring Lake ParkRoseville St. Paul Vadnais Heights White Bear Lake White Bear Township 4/13/2009 1 2005 Net Water Use as a Percent of the Renewable Resource getting Ramsey more so every day. Net Water Use County is " Renewable Resource 5o -n dependent on — 15. ten <I% P1. groundwater. t% Jt1 rn 1% :x Net Water Use as a Percent of Renewable Resource 45 YA Jx ,x W-75 11% � Jx J„ Jyyl. Note, m map protides a counts—la assPblmefAMd is not desg dfar - t% 1x We speac detlsloa making. i% ,x 3Y. IdK - fx J% f% fx f% Sri 6% f% (EQB data) 2030 Net Water Use as a Percent of the Renewable Resource s,~ I oK 4/13/2009 7 :and getting more so every day. Net Water Use as a Percent of Renewable Resource 5o -n — 15. ten � atm 4/13/2009 7 a.. Pon– 2009 DRAFT(31449) Pim-1-1 G-mdrtarrrPlomrllip (Uu rtldtpmxsslao o,rhe Snrirdbovq ham@ url-'i0e LomaCtwup' W 161!.!001;,r I,d by p -1d SLW-, e-phin bYHitlrSrrte Clalroa C!OOTSnrinbavwl 3 4/13/2009 3 fl '. inwx war Mtainl AK I 1 it I wr,xlIorcr A i uuoPa! ( Na xia x ____._.Y . I. \ ' - ra, �+! N �, ,xP wlrnvooss A�f.C1Ww.Y0FTYlS OMA �– Generalized Ground rater Plume Map • xvYsaa P,sme—su ""ii.�as-MerYA.�..,ia,r n.rtsP. RnmuYCou^7. MN �4M POgaoOanMJ-PGCr1 �vecaMmedWPOC�Y6o19rOmm1l Hlr Pim-1-1 G-mdrtarrrPlomrllip (Uu rtldtpmxsslao o,rhe Snrirdbovq ham@ url-'i0e LomaCtwup' W 161!.!001;,r I,d by p -1d SLW-, e-phin bYHitlrSrrte Clalroa C!OOTSnrinbavwl 3 4/13/2009 3 Many sites of 21 MIII/ Tregulatory i i l� ^� % , Fi, %�_ interest are within DWSMA boundaries. 41 i ' *•; Plan proposes to search for i site, 'i CTD t., ■ • ; information in }b; r MPCA files and . e map GW _ �� y .•_®a � j contaminant i■: plumes. r 0 OS LAIR ' i Sfles of ReguIatory Interest CERCUS 0 f�tm _tLSt of Prblities �: PermaeE Salts Waal! ■ DzM1sleU GtrmantN Leldflbrmes ilj RCRA SIorageaM Cisnoeal . la>am.Ged a^V Saes RO FUMYI R<nevealAMon PMrurO 12 —A—o—w— -&cB —Slee '*' tbeaW Rrioray lits OO Sale AsuemMStzs �!: ,. ONSMA 4/13/2009 4 ;fY' • - • E �,r 1, cities and • 6riiiati 6ns to, manage manage it -on a I�irk& scale. • MKiDnagemotArws 4/13/2009 4 7 REVIEW PROCESS TL-v.jEELLNE Sept. 7, 2009 Jan. 4, 2010 60 -day 30 -day Public 45 -day 45 -day 120 -day 6 DNR Review Response Hearing Review Review Adoption wells in and msey Ramsey •Tliis Plant and County •Observation Comment 3T. Implementa- T Plan Ramsey 30-45 days after -Metropolitan BIXISR tion t-.1, A- f CitIMNIF-Mos/state Conservation District the 60 -day Councilistate nsta ing,- 2110 revmv agencies ,Met. Couossblothx comment penod ends agmcies Ramsey County Board -A adjoining counties transcl-Ucers to andWMCs track GW - -J Sept. 7, 2009 Jan. 4, 2010 4/13/2009 5 Ramsey County Gmundwa(er Protestion Plan DRAIFT 3MI09 6 DNR What JsRCD , observation do-ing now?''? . 033, wells in msey Ramsey •Tliis Plant County •Observation 3T. T Plan 'UsILi —0-- lizea-l"n, g t-.1, A- f recommen s d cos't -share nsta ing,- 2110 -A transcl-Ucers to "A track GW - two L level (`3 Y xpa na Cb—flonWeb '"°b`""°"" " N network - in ' J-�,M V--13 V RCD u u r 57 4/13/2009 5 4/13/2009 ) Groundwit& 5 ecjaltst Positlou - Tflne'AllotDlent and Costs Groundwater Protection Initiatives — Ramsey County Annual Programs Regulatory/Education Expertise/Projects Ongoing 1. Assist cities with 6. Stormwater reuse 11. Provide expertise on Projects Wellhead Protection emphasis by Water surface water— Plans Organizations groundwater interaction to .. water organizations - . - IINMAMTS - 2. Annual 7. Stormwater 12. SPECIAL PROJECT: RCD groundwater quality infiltration should be evaluation of hazardous data acquisition directed away from waste generators and SI3,000 program contaminated soils County unpermitted dump 59,500 Abandoned well sealing program 5': sites $225,000 RCD groundwater leadership role dr "data deo" repository 3. Continuous S. Support open space 13. SPECIAL PROJECT: RCD groundwater or land use easements review of MPCA files elevation data that protect related to approximately collection program groundwater 80 unpermitted dumps Assist LCU- to &-lop land use management its DR'51Us l=.; 9. Assist LGUs with 14 SPECIAL PROJECT: 4. Unused well cost- developing land use Contaminated soil and share program management practices groundwater plume Special Projects to protect DWSMAs mapping project (SPECL{L PROJECT-Era7narrpormna7raurourinmrr:onrus: Has nasrr & dnn ps) 5. RCD and the 30. Education and 15. SPECIAL PROJECT: GIS proposed Ramsey outreach to LGUs and database of stormwater Co. Groundwater public on topics related infiltration structures that Protection to Ramsey County pose threats to Commission groundwater groundwater in emergency 59,500 533,000 response spill situations. Groundwit& 5 ecjaltst Positlou - Tflne'AllotDlent and Costs Percent Croundsrater Annual Time on Position Capita! Ongoing Program Sppport(per Expenses Projects rear) Groundwater specialist Ponnoo 530.000 .. - . - IINMAMTS - ieitpcidnwithR'ellhead Protection Platy Groundwater quality sampling I2.5°: SI3,000 Cromdwater elevodon data eall,etltm 1-23% 59,500 Abandoned well sealing program 5': $225,000 RCD groundwater leadership role dr "data deo" repository 20ae Stormwater reuse las Dirertstocmwater away from contaminated so Wgroundwa ter 1 % Support open space Assist LCU- to &-lop land use management its DR'51Us l=.; Edueodon 3 outreach IO?: Provide groundwater expertise to LGU% 54: Special Projects 25% (SPECL{L PROJECT-Era7narrpormna7raurourinmrr:onrus: Has nasrr & dnn ps) (SPECL-)L PROJECTGroundwo,erpLrmr p poinpproja) (SPECLIL PROJECT-GJS darabasr of, rrom--infrlrrado,, snrrcnrrrs) SPECLIL PROJECT- V,,p—&,dfi­p MPCd JTJ, rninr) SLBTOTaLS: 100?: S30.000 59,500 533,000 TOTAL, 57:7,500 For The Permanent 1 Record `T Meeting Date: - e--Q�j Agenda Item #: L3 Ga,ox,�- Parcel Address Acres Ref ante Marke06 t Market 1481 HenryLane So 31.45 Agreement 3,576,200 3,576,200 A 1461 HenryLane So .85 120,700 120,700 4.00 B Unassi ned 9.76 1501 Henry Lane So 431,600 431,600 8.08 490,600 538,400 C 2410 Carver Ave D E Xxxx Henry Lane 9.76 608,200 584,800 F So 1501 HenryLane So 9.76 1,320,300 1,320,300 Total Acres 69.99 6,547,600 6,572,000 Total Value Mortgage 9,700,000 138,591 Price per Acre Amount 13,297,453 Needed for Redemption 189,991 New Price per Acre Address Acres 2008 Developer Price per Acre Parcel Agreement A r x • "Negotiated Price" Referendum Mostly 4.00 2,400,000 Approx.600,000 Lots 1501 Henry Lane So Document# 4143469 Recorded 03104120091100 . County Recorder, Ramsey County, MN' 2.3.5 428766 SHERIFF'S CERTIFICATE AND FORECLOSURE RECORD Includes the following documents: 1) Notice of Foreclosure Sale Pursuant to Voluntary Mortgage Foreclosure Agreement a)` Affidavit of Publication b) ' Affidavit of Service or Vacancy 2) Sheriff's Certificate of Sale 3) Affidavit of Costs and Disbursements 4) Affidavit as to Military Status. 5) Affidavit Concerning Service on Tax Authorities 6) Affidavit of Service Regarding.Minn. Stat. §580.041 7) Affidavit of Service Regarding Minn. Stat. §580.042 8) Affidavit of -Service on Lienholders 9) Certificate of Non -Homestead THIS INSTRUMENT WAS DRAFTED BY: SEND TAX -STATEMENTS TO: HELLMUTH & JOHNSON, PLLC Lakeland Construction Finance, LLC 10400 Viking Drive, Suite 500 860 Blue Gentian Road, Suite 135 Eden Prairie, MN 55344 Eagan, MN 55121 (952) 941-4005 .� �s ^Vic; NOTICE OF FORECLOSURE SALE PURSUANT TO .' VOLUNTARY MORTGAGE FORECLOSURE'AGREEMENT Date: January 23, 2009 YOU ARE NOTIFIED THAT: 1. Default has occurred in the conditions of the Mortgage dated August 4, 2006, executed by Copar Development, LLC, a Minnesota limited liability company, as Mortgagor, to Lakeland Construction Finance, LLC, a limited liability company, as Mortgagee, and filed for record August 7, 2006, as Document No. 3968464 in the Office' of the Recorder of Ramsey County, Minnesota. Copar Development, LLC, a Minnesota limited liability company, is the Mortgagor as that term is defined by Minn. Stat. §582.32, Subd. 2(g). The land described in the Mortgage is not registered land. 2. The original principal amount secured by the Mortgage was: Nine Million, Seven Hundred Thousand Dollars ($9,700,000.00). . 3. No action or proceeding at law is now pending to recover the debt secured by the Mortgage, or any part thereof. 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 Mortgage, and taxes, if any, paid by the holder of the Mortgage is: Thirteen Million, Two Hundred Ninety-seven Thousand, Four. Hundred Fifty-two and 57/100ths Dollars ($13,297,452.57). 6. This mortgage foreclosure is being conducted in accordance with the terms and conditions of a Voluntary Mortgage Foreclosure Agreement dated December 10, 2008. 7. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the land legally described as: PARCEL A: The West One-half (1/2) of the Northeast Quarter (1/4) of the Southwest Quarter (1/4). of Section Twenty-four (24), Township Twenty-eight (28), Range Twenty-two (22), lying Westerly of the Westerly right-of-way line of State Trunk Highway 494, Ramsey County, Minnesota; Ex_ cept the North 150 feet of the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of the Southwest Quarter (1/4) of Section Twenty-four (24), Township Twenty-eight (28), Range Twenty-two (22) lying Westerly of the Westerly right-of-way line of State Thank Highway 494; may redeem in the order and manner provided in Minnesota Statutes §582.32, Subd. 5(d), . beginning after the expiration of the mortgagor's redemption period. The following information is provided pursuant to Minnesota Statutes Section 580.025: (1) Street Address of Property: a. PARCEL A 1481 Henry Lane S,.Maplewood, MN 55119 b. PARCEL B 1461 Henry Lane S, Maplewood, MN 55119 c. PARCEL C Unassigned, Maplewood, MN 55119 d. PARCEL D 2410 Carver Avenue, Maplewood, MN 55119 e. PARCEL E xxxx Henry Lane S, Maplewood, MN 55119 f. PARCEL F 1501 Henry Lane S, Maplewood, MN 55119 (2) Name of Transaction Agent, Residential Mortgage Servicer, Lender &/or Broker: N/A (3) Tax Parcel Identification Number of the Property: a. PARCEL A 24.28.22.31.0017 b. PARCEL B' 24.28.22.31.0002 c. PARCEL C 24.28.22.32.0001 d. PARCEL D. 24.28.22.24.0010 e. PARCEL E 24.28.22.32.0003 f. PARCEL F 24.28.22.32.0002 (4) Transaction Agent's Mortgage Identification Number, if known: N/A (5) Name of Mortgage Originator, if stated on mortgage: ' NIA 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. Lakeland Consftctidn .Finance. LLC Dated: January 23, 2009 By: Joel A. Hil endorY.IP 315953 Attorneys fpr Mortgage 10400 Vi4h.9 Drive,.Suite 500 Eden Prairild, MN 55344 (952)941-4005 Our File No.: 04380.0168 s:Lakeland Construction Finance\Copan-Ramsey 1217772I\DOCSWotice Foreclosure Sale.doc