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,
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For The Permanent Record
Meeting Date: 1-13-01
1 MINNESOTA STATUTES 2008 Agenda Item #: Vi < N -hr,
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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