Public Notices April 15, 2018 South-West Review

Public Notices, Foreclosure Notices & Legal Notices published April 15, 2018 in the South-West Review.

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Public Notices

NOTICE OF ASSOCIATION LIEN FORECLOSURE SALE 

WHEREAS, default has been made in the terms and conditions of the Declaration of Common Interest Community, Mistwood Courthome, C.I.C. Number 124, (henceforth the Declaration) dated September 2, 1994 and recorded in the Office of the County Recorder in and for Dakota County, Minnesota on October 24, 1994 as Document 1247241 encumbering the following described property situated in the County of Dakota and State of Minnesota, to-wit: 

Unit No. 71, C.I.C. No. 124, Mistwood Courthomes, according to the plat thereof on file or of record in the Office of the County Recorder, in and for Dakota County, Minnesota. 

Street Address: 14611 Evergreen Trail, Apple Valley, MN 

PID #01 48845 20 071 

WHEREAS, pursuant to said Lien, there is claimed to be due and owing as of the date of this Notice by David J. Gilkey as unit owner to Mistwood Courthome Association, Inc. the principle amount of Three Thousand Three Hundred Ninety Dollars and 50/100 ($3,390.50) for assessments, interest and past due attorney fees through April, 2018; and no action being now pending at law or otherwise to recover said debt of any part thereof, and; 

WHEREAS, pursuant to said Declaration, and the statute in such case made and provided, said debt creates a lien upon said premises in favor of Mistwood Courthome Association, Inc. 

NOW, THEREFORE, notice is hereby given that by virtue of the power of sale created by statute, said lien will be foreclosed by the sale of said premises with the hereditaments and appurtenances, which said sale will be made by the Sheriff of Dakota County, Minnesota at the Sheriff’s Main Office, in the Dakota County Courthouse, Civil Division, 1580 Highway 55, Lobby S-100, in the City of Hastings in said County on June 14, 2018 at 10:00 a.m., at public auction to the highest bidder, for cash, to pay the amount then due for said condominium assessments, together with the costs of foreclosure, including attorney’s fees as allowed by law. The time allowed by law for redemption by the unit owner, his personal representatives or assigns, is six (6) months from the date of said sale. 

TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied single family dwelling, unless otherwise provided by law, the date on or before which the unit owners must vacate the property if the lien is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on December 14, 2018. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate the property is the next business day at 11:59 p.m. 

Dated: April 6, 2018

MISTWOOD COURTHOME ASSOCIATION, INC. 

FULLER, SEAVER, SWANSON & KELSCH, P.A. 

By: Timothy D. Fuller 32694 

12400 Portland Avenue South, Suite 132 

Burnsville, MN 55337 

(952) 890-0888 

Attorneys for Mistwood Courthome Association, Inc. 

(South-West Review: Apr. 15, 22, 29, May 6, 13, 20, 2018)

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NOTICE OF ASSOCIATION LIEN FORECLOSURE SALE 

WHEREAS, default has been made in the terms and conditions of the Declaration of The Gables at Arbor Pointe, Common Interest Community Number 306, as amended (henceforth the Declaration) dated July 10, 2001 and recorded in the office of the County Recorder in and for Dakota County, Minnesota on July 13, 2001 as Document No. 1792023 which said Lien covers the following described property situated in the County of Dakota and State of Minnesota, to-wit: 

Unit No. 305, Common Interest Community No. 306, a condominium, The Gables at Arbor Pointe, located in Dakota County, Minnesota. 

Street address: 8796 Brunell Way, Inver Grove Heights, MN. 

PIN No. 20 11777 02 305 

WHEREAS, pursuant to said Declaration, there is claimed to be due and owing as of the date of this Notice by Marsha E. Pittelkow as unit owner to The Gables at Arbor Pointe Homeowners Association, Inc., the principal amount of Two Thousand Nine Hundred Thirty-four Dollars and 05/100 ($2,934.05) for assessments through April, 2018, and no action being now pending at law or otherwise to recover said debt or any part thereof, and; 

WHEREAS, pursuant to said Declaration, said debt creates a lien upon said premises in favor of Gables at Arbor Pointe Homeowners Association, Inc. 

NOW, THEREFORE, notice is hereby given that by virtue of the power of sale created by statute, said lien will be foreclosed by the sale of said premises with the hereditaments and appurtenances, which said sale will be made by the Sheriff of Dakota County, Minnesota at the Sheriff’s main office, Dakota County Courthouse, Civil Division, 1580 Highway 55-Lobby S-100 in the City of Hastings in said County on June 14, 2018 at 10:00 a.m., at public auction to the highest bidder, for cash, to pay the amount then due for said assessments, together with the costs of foreclosure, including attorney’s fees as allowed by law. The time allowed by law for redemption by the unit owners, her personal representatives or assigns, is six (6) months from the date of said sale. 

TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied single family dwelling, unless otherwise provided by law, the date on or before which the unit owners must vacate the property if the lien is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on December 14, 2018. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate the property is the next business day at 11:59 p.m. 

Dated: April 5, 2018

THE GABLES AT ARBOR 

POINTE HOMEOWNERS ASSOCIATION, INC. 

FULLER, SEAVER, SWANSON & KELSCH, P.A. 

By: Timothy D. Fuller 32694 

12400 Portland Avenue South, Suite 132 

Burnsville, MN 55337 

(952) 890-0888 

Attorneys for The Gables at Arbor Pointe Homeowners Association, Inc. 

(South-West Review: Apr. 15, 22, 29, May 6, 13, 20, 2018)

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NOTICE OF ASSOCIATION LIEN FORECLOSURE SALE 

WHEREAS, default has been made in the terms and conditions of the Declaration of Regatta Manorhomes Association II, Inc. (henceforth the Declaration) dated August 21, 2000 and recorded in the office of the County Recorder in and for Dakota County, Minnesota on September 18, 2000 as Document No. 1718430 which said Lien covers the following described property situated in the County of Dakota and State of Minnesota, to-wit: 

Lot 2, Block 24, Regatta Third Addition, C.I.C. No. 281, according to the plat thereof on file or of record in the Office of the County Recorder, in and for Dakota County, Minnesota. 

Street address: 15653 Flight Lane, Apple Valley, MN 

PID #01 63402 24 020 

WHEREAS, pursuant to said Declaration, there is claimed to be due and owing as of the date of this Notice by Blake Rose as unit owner, to Regatta Manorhomes Association II, Inc., the principal amount of Three Thousand One Hundred Forty Dollars and 75/100 ($3,140.75) for assessments through April, 2018 and no action being now pending at law or otherwise to recover said debt or any part thereof, and; 

WHEREAS, pursuant to said Declaration, said debt creates a lien upon said premises in favor of Regatta Manorhomes Association II, Inc. 

NOW, THEREFORE, notice is hereby given that by virtue of the power of sale created by statute, said lien will be foreclosed by the sale of said premises with the hereditaments and appurtenances, which said sale will be made by the Sheriff of Dakota County, Minnesota at the Sheriff’s main office, Dakota County Courthouse, Civil Division, 1580 Highway 55-Lobby S-100 in the City of Hastings in said County on June 14, 2018 at 10:00 a.m., at public auction to the highest bidder, for cash, to pay the amount then due for said assessments, together with the costs of foreclosure, including attorney’s fees as allowed by law. The time allowed by law for redemption by the unit owners, his personal representatives or assigns, is six (6) months from the date of said sale. 

TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied single family dwelling, unless otherwise provided by law, the date on or before which the unit owners must vacate the property if the lien is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on December 14, 2018. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate the property is the next business day at 11:59 p.m. 

Dated: April 6, 2018

REGATTA MANORHOMES ASSOCIATION II, INC. 

FULLER, SEAVER, SWANSON & KELSCH, P.A. 

By: Timothy D. Fuller 32694 

12400 Portland Avenue South, Suite 132 

Burnsville, MN 55337 

(952) 890-0888 

Attorneys for Regatta Manorhomes Association II. Inc. 

(South-West Review: Apr. 15, 22, 29, May 6, 13, 20, 2018)

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City ofInverGroveHeights

VeteransMemorialWestRinkProject

ADVERTISEMENT FOR BIDS 

NOTICE IS HEREBYGIVEN that sealed Bids will be received by the City of Inver Grove Heights, Minnesota, in the Office of the City Clerk in City Hall at 8150 Barbara Ave, Inver Grove Heights, MN 55077, until 2:00 P.M., CST on Tuesday, May 1, 2018, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 

West Rink Floor Replacement 

Work generally consists of removing the existing concrete ice rink floor for the west rink; partial demolition of the equipment room piping; constructing a new concrete ice rink floor; new transmission mains; and connecting to the existing refrigeration system. Work includes demolition, excavation, concrete, piping, insulation, pump modifications, controls, and related items. 

A MANDATORY Pre-Bid Meeting will be held at 1:00 p.m. at Veterans Memorial Community Center, 8055 Barbara Ave. on Tuesday, April 17, 2018. All bidders intending to submit a bid are required to attend. 

Bids shall be received until 2:00 P.M., CST on Tuesday, May 1, 2018. Bids received by the City of Inver Grove Heights, either through the mail or by personal submission, after the time set of receiving them will be returned unopened. 

All bids shall be placed in a sealed envelope and labeled VMCC West Rink Floor Replacement – BID DOCUMENTS – DO NOT OPEN. Bids may be addressed and delivered to Inver Grove Heights City Hall 8150 Barbara Ave., Inver Grove Heights, MN 55077. 

Bidders desiring a copy of the Bidding Documents may obtain them electronically from Quest CDN at http://www.questcdn.com (eBidDoc Number 5679899) or through Stevens Engineer’s website at www.stevensengineers.com. Bidding Documents may be seen at the Inver Grove Heights City Hall and at the Issuing Office of Stevens Engineers, Inc, Consulting Engineers, 2211 O’Neil Road, Hudson, WI 54016 (651) 436-2075. 

Direct inquiries to Engineer’s Project Manager, Jason Raverty at (651) 436-2075. 

No bid will be considered unless sealed and accompanied by a cash deposit, certified check, or bidder’s bond payable to the City, in the amount of 5 percent of the amount of the Bid as a guarantee that the bidder will, within fifteen (15) days after notification of the award of contract, enter into an agreement with the City and furnish a bond for the full amount of the contract as provided for by law. This deposit will be subject to forfeiture as provided by law and must accompany each Bid in accordance with the Instructions to Bidders. 

Contractors should be aware that any prime contractor, subcontractor, or motor carrier that does not meet the minimum criteria established for the “responsible contractor” as defined in Minn Stat. 16C.285, subd.3 or fails to comply with the verification requirements is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall make the prime contractor, subcontractor, or motor carrier that makes the false statement ineligible to be awarded a construction project and may result in termination of a contract awarded to a prime contractor, subcontractor, or motor carrier that submits a false statement. A prime contractor shall include in its verification of compliance a list of all of its first-tier subcontractors that it intends to retain for work on the project. 

The bidder or sub-bidder shall be responsible for completeness and adequacy of the documents requested. 

The City reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. 

The City reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the City. 

Michelle Tesser 

City Clerk

(South-West Review: Apr. 8, 15, 2018)

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CITYOF INVER GROVE HEIGHTS

DAKOTA COUNTY, MINNESOTA

NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS

2018 PAVEMENT MANAGEMENT PROGRAM

CITYPROJECT NO. 2017-09E

93RD STREET/ABIGAIL COURT AREA RECONSTRUCTION 

TO WHOM IT MAY CONCERN: 

Notice is hereby given that the City Council of Inver Grove Heights, MN, will meet in the Council Chambers at 8150 Barbara Avenue, Inver Grove Heights, MN, at 7:00 p.m. on Monday, April 23, 2018 to hold a hearing and to consider, pass upon and levy the proposed special assessments for improvements as follows: 

Project No. 2017-09E – Area 

93rd Street from T.H. 3 to Abigail Court and Abigail Court from 93rd Street to Abigail Court cul-de-sac 

General Nature of Improvements 

The project includes roadway improvements (bituminous removal, subgrade excavation/correction, grading, granular subgrade, geotextile fabric, draintile, aggregate base, bituminous pavement), milling, concrete curb and gutter, storm sewer, drainage improvements, water quality improvements, appurtenances and restoration on the following streets: 93rd Street from T.H. 3 to Abigail Court and Abigail Court from 93rd Street to Abigail Court cul-de-sac. 

Area Proposed to be Assessed 

Properties to be served by the improvements are described as follows: (Section 20; T27N; R22W) 

Total Amount of Proposed Assessment 

The total amount of the proposed special assessments for the improvements and appurtenances are as follows: 

Cost of Improvements: 

$1,107,200.00 

Assessments for above Improvements: $262,000.00 

Proposed Assessments Against Particular Lots, Pieces or Parcels of Land 

The proposed special assessments against the particular properties to be assessed are set forth below (to find your tax parcel, check your real estate tax statement):

TAX ID AND ASSESSMENT AMOUNT

203295001010 $19,500.00 

203295001020 $19,500.00 

203295001030 $19,500.00 

203295001040 $19,500.00 

203295001050 $19,500.00 

203295001060 $19,500.00 

203295001070 $19,500.00 

203295001080 $19,500.00 

203295001090 $19,500.00 

203295001100 $19,500.00 

203295001110 $19,500.00 

203295001120 $19,500.00 

203295001131 $28,000.00 

Assessment Roll Available for Inspection 

The proposed assessment rolls are now on file for public inspection at the Clerk’s Office, 8150 Barbara Avenue, Inver Grove Heights, MN. You are invited to examine the assessment rolls prior to the hearing. City offices are open from 8:00 a.m. to 4:30 p.m., Monday through Friday; no appointments are necessary. The assessment rolls will be available for examination at the hearing. 

Objections and Appeals 

Written and oral objections will be considered at the hearing. Minnesota Statute, Section 429.061, states that no appeal may be taken as to the amount of the assessment unless a written objection, signed by the affected property owner, is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statute, Section 429.081, by serving notice of the appeal upon the Mayor or the Clerk of the City within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within ten (10) days after service upon the Mayor or the Clerk. 

Assessment Deferment 

Under Minnesota Statutes, Section 435.193 to 435.195, the Inver Grove Heights City Council may, in its discretion, defer the payment of these special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments, any homestead property owned by a person who is retired by virtue of a permanent and total disability, for whom it would be a hardship to make the payments, any homestead property owned by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service (as defined in Minnesota Statutes Section 190.05, subdivision 5(b) or 5(c)), as stated in the person’s military orders, for whom it would be a hardship to make the payments. When deferment of the special assessments has been granted and is terminated for any reason provided by law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of this law and Resolution No. 09-13, adopted under it, may apply to the City Clerk on the prescribed form for such deferral of payment of these special assessments. If you qualify and wish a deferment, then contact the City Clerk. 

Authority to Specially Assess 

The proposed assessments are to be levied pursuant to Minnesota Statutes, Chapter 429. The improvements are proposed to be assessed on the combined basis of the frontage, current or future access of properties abutting or tributary to said improvements, and the number of units served. The areas, parcels, lots and pieces of property, as specially described herein, are subject to said assessments. The amounts set forth in this Notice are the proposed assessments. The City Council will consider the proposed assessments at the meeting and may levy the assessments at the meeting or at a later date. The City Council may levy and adopt special assessments that are the same or different than the proposed amounts. 

Payment of Special Assessments 

Once the special assessments are levied and adopted, the special assessments will be certified to the Dakota County Auditor to be extended on the property tax lists for collection with real estate taxes. Prior to this certification, however, the property owner may prepay the entire amount of the special assessment without any interest thereon provided the prepayment is received within 30 days after levy and adoption of the special assessments by the City Council (or at such later date determined by the City Council). If the property owner wishes to prepay the special assessments without any interest, then such payment must be made to the City of Inver Grove Heights at City Hall, 8150 Barbara Avenue, Inver Grove Heights, MN 55077. Partial prepayment of the special assessments is not presently allowed under the City ordinances; the prepayment, without interest, must be for the entire amount of the special assessments.

If prepayment is not received within thirty (30) days after the special assessments are levied and adopted by the City Council (or at such later date determined by the City Council), then: 

(a) The total principal amounts of the special assessments are divided into an equal number of annual installments. The proposed number of annual installments is ten (10) years. The number of annual installments will be decided by the City Council when the special assessments are levied. 

(b) The principal amounts of the special assessments shall bear interest at the rate determined by the City Council when the special assessments are levied. The proposed interest rate is 4.65 percent. 

(c) Interest begins to accrue from the date the special assessments are levied (or at such later date determined by the City Council). 

(d) The annual principal installments, together with interest accrued on the unpaid balance, are due and payable together with real estate taxes. 

(e) Interest on the entire special assessments, from the date of levy (or at such later date determined by the City Council) to December 31st of the year in which the first installment is payable, is added to the first principal installment. The first installment will be due and payable in 2019. 

(f) If in the future the property owner wishes to pay off the remaining balance of the assessments, then Minnesota Statute, Section 429.061, Subdivision 3, provides that such payment may be made to the County Treasurer, together with interest accrued to December 31st of the year in which payment is made as long as payment is made prior to November 15th; if the payoff occurs after November 15th, then interest for the next year is also added. 

If the adopted assessments differ from the proposed assessments as to any particular lot, piece or parcel of land, then the City will mail to the owner a notice stating the amount of the adopted assessments. Owners will also be notified, by mail, if the City Council adopts any changes in the interest rate or prepayment requirements from those contained in this Notice of Hearing. 

Michelle Tesser, City Clerk

(South-West Review: Apr. 8, 15, 2018)

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REQUEST FOR PROPOSAL (RFP) – FRESH PRODUCE 

Notice is hereby given, that School Board of Independent School District #197, Mendota Heights, MN will receive sealed proposals for Fresh Produce on behalf of the following Districts: Inver Grove Heights (#199), Burnsville (#191), Hastings (#200), South St. Paul (#6), South Washington County (#833), West St. Paul (#197), Mahtomedi (#832), and Stillwater (#834). Written proposals must be received at the School District #197 District Office, Attn: Jeff Wolfer, 1897 Delaware Avenue, Mendota Heights, MN 55118, no later than Tuesday, May 8th, 2018 at 10:15 a.m. Central Daylight Saving Time at which time the written proposals will be opened and read aloud in Conference Room A133. 

Fresh Produce proposals shall be delivered in a sealed envelope and labeled “2018-2020 Fresh Produce Vendor RFP”. Fresh Produce Proposals must be submitted on the “Proposal” form and must be signed in longhand. No oral, telegraphic, facsimile proposals or modifications will be considered. 

Complete specifications and forms are available in the Child Nutrition Office at Henry Sibley High School, 1897 Delaware Avenue, Mendota Heights, MN 55118. 

The School Board of Independent School District #197, Mendota Heights, MN, reserves the right to accept or reject any or all proposals or parts therein and waive formalities or irregularities. 

No proposal may be withdrawn within 30-days after the scheduled opening without the consent of the School Board, Independent School District #197.

(South-West Review: Apr. 15, 22, 2018)

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CITYOF INVER GROVE HEIGHTS

DAKOTA COUNTY, MINNESOTA

ORDINANCE NO. 1349

AN ORDINANCE AMENDING TITLE 10, CHAPTER 4 (ZONING MAP) OF THE INVER GROVE HEIGHTS CITYCODE CASE NO. 18-11Z

Gwen Lysne 

The City Council of Inver Grove Heights ordains as follows: 

SECTION I. Ordinance No. 1190 adopted July 27, 2009, entitled, “AN ORDINANCE ADOPTING THE RECODIFICATION OF THE INVER GROVE HEIGHTS CITY CODE INCLUDING THE CITY ZONING ORDINANCE, is hereby amended to rezone the following described properties located within the City of Inver Grove Heights from R-1C, Single family to B-3, General Business, to wit: 

S 1/2 OF VAC ALLEY ADJ & W 1/2 VAC ALLEY ADJ & ALL OF LOT 10, BLK 2, INVER GROVE PARK ADDITION & THE W 1/2 OF VAC ALLEY ADJ & ALL OF LOTS 12 & 14, BLK 2 INVER GROVE PARK ADDITION, ACCORDING TO DAKOTA COUNTY, MN 

SECTION II. The Zoning Map of the City of Inver Grove Heights referred to and described in said Ordinance No. 1190 as that certain map entitled “Inver Grove Heights Zoning Map, June 24, 2002”, together with all amendments thereto, hereinafter referred to as the “zoning map”, shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk’s Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance and all of the notations, references and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. 

SECTION III. This Ordinance shall be in full force and effect from and after its publication according to law. 

Enacted and ordained into an Ordinance this 9th day of April, 2018. 

Ayes: 4 (Bartholomew) 

Nays: 0 

George Tourville, Mayor 

ATTEST: 

Michelle Tesser, City Clerk

(South-West Review: Apr. 15, 2018)

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CITYOF INVER GROVE HEIGHTS

DAKOTA COUNTY, MINNESOTA

ORDINANCE NO. 1350

AN ORDINANCE AMENDING TITLE 10 OF THE CITYCODE RELATED TO THE PLANNED UNIT DEVELOPMENT ZONING DISTRICT IN THE SOUTHEAST QUADRANT OF HIGHWAYS 52 AND 494 

THE CITYOF INVER GROVE HEIGHTS ORDAINS THAT ORDINANCE NUMBERS 891, 912, 915, 928, 946, 968, 976, 977, 985, 1022, 1056, 1058, 1062, 1064, 1074, 1101, 1106, 1112, 1133, 1135, 1136, 1187, 1190, 1230, 1298, 1313, 1329 and 1331 ARE HEREBYRESTATED AND AMENDED TO READ AS FOLLOWS: 

SECTION I. Rezoning Land to Planned Unit Development (PUD). Ordinance No. 1190 adopted July 27, 2009, entitled, “AN ORDINANCE ADOPTING THE RECODIFICATION OF THE INVER GROVE HEIGHTS CITY CODE INCLUDING THE CITY ZONING ORDINANCE, is hereby amended to rezone from MF PUD to Planned Unit Development Zoning District No. 2017-01 the following described property: 

Parts of Southeast Quarter of Northeast Quarter of Section 33, Township 28, Range 22, which was formerly platted as Lots 1 through 8 inclusive, Block 6, Lots 1 through 8 inclusive, Block 7, Lots 23 through 30 inclusive, Block 7, Lots 1 through 8 inclusive, Block 8 of Edgewood Addition to South St. Paul, and as the streets and alleys abutting on said Lots before the Vacation of Edgewood Addition to South St. Paul, Dakota County, Minnesota 

SECTION II. The Zoning Map of the City of Inver Grove Heights referred to and described in said Ordinance No. 1230 as that certain map entitled “Inver Grove Heights Zoning Map, June 24, 2002”, together with all amendments thereto, hereinafter referred to as the “zoning map”, shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk’s Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance and all of the notations, references and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. 

SECTION III. Purpose and Intent. The above referenced property is hereby rezoned to Commercial Planned Unit Development Zoning District No. 2017-01, for the purposes of: 

A. Providing the means for greater creativity and flexibility in environmental design than is provided for under the strict application of the existing zoning code while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City and its inhabitants. 

B. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 

C. Encouraging the preservation and enhancement of desirable site characteristics and open space. 

D. Encouraging a development pattern in harmony with land use density, transportation facilities and community objectives of the comprehensive plan. 

E. Limiting development of tax exempt uses. 

F. Providing incentives and encouraging development that will create a desirable tax base. 

G. Prohibiting uses and developments that could be detrimental to the overall development of the area. 

SECTION IV. Findings. In rezoning the above referenced property to Commercial Planned Unit Development No. 2017-01, the City Council has found the following: 

A. That the proposed Commercial Planned Unit Development is consistent with the City’s 2030 Comprehensive Plan. 

B. That the proposed development has been designed as a complete and unified development within its own boundaries in terms of relationship of structures, patterns of circulation, visual character, interrelationship of utilities and drainage infrastructure, and overall architectural theme. 

C. That the proposed layout of land use within the development will result in compatible land uses with present and planned uses in the surrounding area. 

D. That the development is sufficient unto itself on the basis of size, composition, arrangement and the provision of municipal utilities. 

E. That the impacts of the proposed development on municipal services and facilities have been reviewed and that mitigative measures have been identified where needed. 

F. That the impacts of the proposed development on environmental quality and the reasonable enjoyment of surrounding property have been identified, analyzed and mitigative measures identified where needed. 

G. That the existing and proposed layout and land use for Tracts A-D have been heretofore regulated in part by a succession of Conditional Use Permit Resolutions. Resolution No. 4573 was adopted by the City Council on 9/25/89. It was rescinded and replaced on 11/20/89 by Resolution No. 4615, which was rescinded on 8/27/90 and replaced with Resolution No. 4847, which was rescinded on 6/13/94 and replaced by Resolution No. 6055, which was rescinded on 4/10/95 and replaced by Resolution No. 6276, which was rescinded on 2/24/97 and replaced by Resolution No. 6789, which was rescinded on 2/23/98 and replaced by Resolution No. 98-30, which was rescinded on 2/28/11 and replaced by Resolution No. 11-28. This PUD Ordinance now replaces Resolution No. 11-28. 

SECTION V. Land Use Regulations. For the above referenced property contained within the Commercial Planned Unit Development District No. 2011-01, the following land use regulations shall apply: 

A. SITE PLAN

Prior to commencement of any development or issuance of grading or building permits, the City Council shall approve final development plans, including but not limited to: final plat, site plan, grading plan, utility plan, landscape plan, elevation plan, signage plan, lighting plan. 

B. USES 

All development shall be restricted to the following uses: 

Parcel No. — Legal Description* — Specific Use 

1 — Lot 1, Block 1, Bishop Heights — 65,000 square foot, 16-screen theater 

2 — Lot 2/3, Block 1, Bishop Heights — 7,400 square foot sit down restaurant and a 2,299 square foot roof top restaurant space 

3 — Lot 2/3, Block 1, Bishop Heights — 36,371 square foot, 89 room motel 

4 — Lot 4, Block 1, Bishop Heights — 25,292 square foot, 63 room motel 

5 — Lot 5 and part of Lot 4, Bishop Heights — 6,163 square foot sit down restaurant 

6 — Lot 2, Block 2, Bishop Heights — 6,500 square foot bank and office building 

7 — Lot 3, Block 2, Bishop Heights — 4,271 square foot gas station convenience store 

8 — Lot 1, Block 1, Krech’s Addition — 15,120 square foot drug store 

9 — Tracts A-D, F and G — 42,000 square foot lawn, garden, floral & nursery retail center (two buildings: 29,400 sf in one, 12,400 sf in other); 605,000 square feet of greenhouses and nursery buildings; 2,150 sf accessory structures (2 barns) for storage of materials and equipment; nursery fields and nursery field caretaker’s residence; outside storage/display of nursery and landscaping stock and materials; nursery and landscaping services, 5.7 acres of growing fields and one house for use by employees** 

10 — Lot 1, Block 1, Bishop Heights 2nd Addition — 1,710 sf quick service oil change store 

11 — Lot 1, Block 1, Bishop Heights 3rd Addition — 6,832 sf auto service center store 

12 — Lots 1-31, Block 1, Blackberry Town Office Park — 65,415 net sf townoffice space, 31 units 

13 — Lot 1, Block 1, Blackberry Town Office Park Second Addition — 4,950 gross sf veterinary clinic 

14 — Lot 1, Block 1, Inver Grove Market — 14,009 square feet of general retail, 5,680 square feet of sit-down restaurant, and 1,516 square feet of fast food restaurant (without a drive through window) 

15 — Lots 6-10, Block 7, Warren and McDowell’s Acre Lots No. 2 — Rock and Block Yard for Gerten’s Greenhouses 

16 — Lots 1-88, Brentwood Village 

Public Notices

Continued on Page 9

— 80 townhome units 

17 — Lot 1, Bk 2, Bishop Heights — 7,200 sf sit down restaurant 

18 — Lots 1 & 2, Block 1, Outlot A Brentwood Village Apts. — 219 apartment units 

19 — Outlot B, Bishop Heights — 43,400 square foot medical/office building 

20 — Lot 2, Block 1, Inver Grove Market — 5,200 square foot bank building 

21 — Lot 3, Block 1, Bishop Heights 4th Addition — 9,100 square feet of general retail, feline veterinary clinic, and a restaurant with a drive-through 

22*** — Lot 1, Block 1, Bishop Heights 4th Addition — 15,400 square foot office/retail/sit down restaurant 

23 — Lot 1, Block 1, Scenic Heights Addition — 16,000 square foot office condominium 

24 — Outlot A, Brentwood Hills Apartments — 24 multiple family townhome units 

25 — Lot 2, Block 1, Inver Grove Professional Addition — 13,318 square foot office building 

* More detailed legal descriptions available in Exhibit A 

** Uses on Tracts A-D, F & G shall be governed not only by this ordinance, but also by the conditions found in Resolution No 98-210, Resolution 11-28 and Resolution 16-82. 

***Parcel 22 shall be subject to the following conditions: 

1. A Joint Parking Agreement affecting the restaurant in Lot 1, Block 1 Bishop Heights 4th Addition between Outlot B, Bishop Heights and Lot 3, Block 1, Bishop Heights 4th Addition. This document must be drafted by the City attorney’s office, signed by the land owners, and recorded with the County. 

2. If restaurant parking becomes a problem restaurant employees shall park off site at any of the locations listed in the Joint Parking Agreement. 

3. Restaurant portion of building shall be limited to 5,000 square feet unless an amendment is approved by the City Council to allow more square footage for restaurant. 

C. PERFORMANCE STANDARDS 

All development shall meet the following performance standards. Where a specific standard is not addressed herein, the appropriate land use regulations of the City Code shall apply. 

1. Minimum lot width - 100’ 

2. Setbacks: Structures — Parking Lots — Driveways 

Upper 55th St., Blaine Ave. & Cahill Ave: 50’ — 20’ — 10’ 

Other Public Streets: 30’ — 20’ — 10’ 

Side Yard (adjacent to properties within PUD): 0’ — 0’ — 0’ 

Side Yard (adjacent to properties outside PUD): 30’ — 10’ — 10’ 

Internal private driveways (setbacks to be approved with final development plan). 

3. Maximum Building Height: 

a. Principal Structures - 35’ 

b. Accessory Structures - 30’ 

c. Greater building height shall be allowed by conditional use permit subject to City Code Section 515.59, Subd 10. 

4. Minimum Open Space shall be 25% of lot area, with the lot area to be determined by the City. Ponding or steep slopes (in excess of 18%) shall not exceed 10% of the total lot area for purposes of this computation. 

5. Parking/Circulation Requirements: 

(a) All open off-street parking and loading areas shall have a perimeter continuous concrete curb barrier around the entire lot. 

6. Landscaping, Signage and Architecture: 

Development of all lots in Bishop Heights shall be in conformance with the design manual on file in the City Offices entitled Design Guidelines, Bishop Heights and Kerasotes Theaters, Inc., Planned Unit Development, Inver Grove Heights, dated June 23, 1997 and prepared by Damon Farber Associates and Abend Singleton Associates. 

Development of all lots in Krech’s Addition shall be in conformance with the Cahill Corridor Master Plan and those portions of the Design Guidelines, Bishop Heights and Kerasotes Theaters, Inc., Planned Unit Development, Inver Grove Heights which the City finds appropriate. 

Development of Tracts A-D, as described in Exhibit A, shall be in conformance with those portions of the design manual on file in the City Offices entitled Design Guidelines, Bishop Heights and Kerasotes Theaters, Inc., Planned Unit Development, Inver Grove Heights which the City finds appropriate. 

Development of all lots shall also be in conformance with the City landscape policy. 

D. GENERAL PROVISIONS 

All development, except Tracts A-D, shall meet the following general provisions. All development which occurs on Tracts A-D in accordance with Resolution No. 98-210, and which has occurred prior to the effective date of this Ordinance, shall not be required to meet General Provisions 1, 2, 3, 4, 5, 6 and 9. Where a specific provision is not addressed herein, the appropriate land use regulation of the City Code shall apply. 

1. Loading Areas: 

Loading and unloading areas shall be in compliance with the following: 

a. Any use which the City believes requires the provision of designated spaces for the loading, unloading or parking of trucks or semi-trailers shall provide such spaces and maneuvering area in the number and configuration which shall be deemed necessary by the City to prevent interference with the use of the public right-of-way and with vehicles entering onto or exiting from the public right-of-way. 

b. Screening shall be provided in accordance with provisions of Paragraph 2, below, of this Section. 

2. Screens and Buffers: 

a. Definition and Purpose: Screens and buffers are designated yards or open areas where distance, planting, berming and fencing help minimize adverse impacts of public nuisances, such as: noise, glare, activity or dust; which are sometimes associated with parking, storage, signs or buildings. 

b. Screens and Buffer Requirements: 

(i) All parking, loading, service, utility and outdoor storage areas shall be screened from all public streets and adjacent differing land use by a combination of any of the following: earth mounds, walls, fences, shrubs, deciduous overstory or coniferous trees or hedge materials. The height and depth of the screening shall be consistent with the height and size of the area to be screened. When natural materials, such as trees or hedges, are used to meet the screening requirements of this Paragraph, density and species of planting shall be such as to achieve seventy-five percent (75%) opacity year round at maturity. 

c. All plant materials required within a specified buffer yard shall be planted to completion within six (6) months from the date of issuance of a building permit unless otherwise approved by the City due to the time of the year or construction for a large project. In no case shall the period exceed six (6) months from issuance of the certificate of occupancy. 

3. Building Design Requirements: 

a. Design Supervision by Architect: An architect shall be required for the construction of all buildings. The building plan, including site plan for such a building, shall be certified by an architect, registered by the State of Minnesota, stating that the individual personally viewed the site and has designed the building to fit the site as planned and to be harmonious with the adjacent buildings, topography and natural surroundings and in accordance with the purposes and objectives of this Chapter. This requirement shall not prohibit the preparation of the site by a professional site designer, or the landscape plan by a professional landscape architect or certified nurseryman. 

b. Exterior Vertical Surface Design for Commercial Structures: All exterior vertical surfaces of any principal or accessory structure shall have an equally attractive or the same fascia as the front. At least 50% of the exterior vertical surface shall consist of one or a combination of the following or similar materials: brick veneer; sculptured, textured or concrete block or panels; natural wood siding; steel, aluminum or vinyl lap siding; natural stone or glass. 

4. Site Design and Development Requirements: 

a. Landscaping shall be in accordance with the provisions of the “Performance Standards” Section of this Planned Unit Development. 

b. Interior curbs shall be constructed within the property to separate driving and parking surfaces from landscaped areas. Interior curbs required by this Section shall be Portland cement concrete construction. 

c. Surfaced walkways shall be provided from parking, loading and recreational areas to the entrances of buildings. 

d. All interior driveways, parking areas, and loading areas, etc. shall be of blacktop or concrete construction. 

e. No exterior trash or garbage disposal or incineration shall be permitted. Any exterior storage shall be enclosed within a container and such container shall be completely screened by a wall or equivalent visual screen and shall be attached to the principal structure and be constructed of the same building material. 

f. On-site lighting shall be provided as is necessary for security, safety and traffic circulation. Lighting shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be indirect and diffused. 

g. Prior to the issuance of building permits, fire lanes shall be provided and identified as required by the City Fire Marshal. 

5. Mechanical Equipment Screening: 

All mechanical equipment possessing one or more of the following characteristics shall be physically screened, to the extent feasible, from all public streets and adjacent land uses with either natural or artificial materials in a manner architecturally compatible to the building(s) on the site. Said screening shall pertain to, but not be limited to, exposed and/or protruding fans, grills, tubes, wires, vents, unfinished metal covering, exposed rivets and exposed seams. 

6. Sidewalks, Trails and Pedestrian Walkways: 

a. Sidewalks, trails and pedestrian walkways shall be provided and maintained in accordance with the Comprehensive Plan. 

b. As a minimum, a pedestrian sidewalk and/or minimum eight (8) foot wide bituminous trail shall be provided by the developer or land owner along the north side of Upper 55th Street and an eight (8) foot wide bituminous trail along the west side of Blaine Avenue. 

c. The developer shall install six (6) foot wide concrete sidewalks along both sides of Bishop Avenue and along both sides of the public roadway connecting Bishop Avenue and Blaine Avenue. 

d. An interior pedestrian circulation; plan shall be submitted with each development for approval by the City. 

7. Site Plan and Building Permit Review: 

To ensure uniform development throughout the planned unit development area and development that is consistent with the provisions herein, all site and building plans required for building permits, grading permits, excavation permits or other similar permits issued by the City must be found by the Director of Community Development or assigns to be consistent with the approved PUD Plans, the provisions of this Ordinance, the Development Contract and all other applicable sections of the City Code. 

8. Traffic: 

The forecasted p.m. peak hour traffic generated by the developments shall not exceed: 

Lot — Parcel # — Trips 

Lot 1, Block 1, Bishop Heights — 1 — 177 

Parcel A, Bishop Heights (Described in Exhibit A) — 2 — 153 

Parcel B, Bishop Heights (Described in Exhibit A) — 3 — 83 

That part of Lot 4, Block 1, Bishop Heights described in Exhibit A. — 4 — 38 

Lot 5, Block 1, Bishop Heights and that portion of Lot 4 described in Exhibit A. — 5 — 78 

Lot 2, Block 2, Bishop Heights — 6 — 120 

Lot 3, Block 2, Bishop Heights — 7 — 180 

Lot 1, Block 1, Krech’s Addition — 8 — 116 

Tracts A-D, F and G as described in Exhibit A — 9 — 208 

Lot 1, Block 1, Bishop Heights 2nd Addition — 10 — 18 

Lot 1, Block 1, Bishop Heights 3rd Addition — 11 — 28 

Lots 1-31, Block 1, Blackberry Town Office Park — 12 — 141 

Lot 1, Block 1, Blackberry Town Office Park Second Addition — 13 — 20 

Lot 1, Inver Grove Market — 14 — 148 

Lots 6-10, Block 7, Warren and McDowell’s Acre Lots No. 2 — 15 — 40 

Lots 1-88, Brentwood Village — 16 — 43 

Lot 1, Bk 1, Bishop Heights — 17 — 78 

Lots 1 & 2, Bk 1, Brentwood Village Apartments — 18 — 136 

Outlot B, Bishop Heights — 19 — 146 

Lot 2, Inver Grove Market — 20 — 205 

Lot 3, Block 1, Bishop Heights 4th Addition — 21 — 183 

Lot 1, Block 1, Bishop Heights 4th Addition — 22 — 75 

Lot 1, Block 1, Scenic Heights Addition — 23 — 23 

Outlot A, Brentwood Hills Apartments — 24 — 19 

Lot 2, Block 1, Inver Grove Professional Addition — 25 — 20 

The trips have been determined by the City using national or state traffic generation studies or reports prepared by engineering professionals, including the Trip Generation Report, prepared by the Institute of Transportation Engineers. This determination is being made by the City at the time of final development plan approval. Any change which effects the site plan or uses, as approved in Section V, A and B, including an increase in building size, shall require a redetermination by the City of forecasted p.m. peak hour trips, and shall not exceed the number of trips, as hereby approved. 

9. Maintenance Agreements: 

Contemporaneous with recording the plat of Bishop Heights, the owners of Lots 1,2,3, Block 1; Lots 1,2,3, Block 2, Bishop Heights, shall execute a stormwater maintenance agreement, a landscape maintenance agreement, and a street light maintenance agreement, in a form to be approved by the Director of Public Works, the Director of Community Development, and the City Attorney. 

SECTION VI. The effective date of the Planned Unit Development Zoning District No. 2010-01 as amended shall be from and after publication of this Ordinance pursuant to City Code Section 110.03 Subd. 5. The Planned Unit Development shall be designated on the official City Zoning Map as “Planned Unit Development No. 2011-01” upon approval of the rezoning by the City Council. 

THIS ORDINANCE NO. ____ RESTATES AND AMENDS ORDINANCE NOS. 891, 912, 915, 928, 946, 968, 976, 977, 985, 1022, 1056, 1058, 1062, 1064, 1074, 1101, 1106, 1112, 1133, 1135, 1136, 1187, 1190, 1230, 1298, 1313, 1329 and 1331. 

The City Deputy Clerk is hereby authorized and directed to record a certified copy of this ordinance at the Dakota County Recorder’s Office. 

This ordinance shall be in full force and effect from and after its publication according to law. 

Enacted and ordained into an Ordinance this 9th day of April, 2018. 

Ayes: 4 (Bartholomew) 

Nays: 0

George Tourville, Mayor 

ATTEST: 

Michelle Tesser, City Clerk

EXHIBIT A 

Parcel No. — Legal Description 

1 — Lot 1, Block 1, Bishop Heights, Dakota County, Minnesota 

2 — That part of Block 1, Lots 2 and 3, Bishop Heights, Dakota County, Minnesota which lies northerly and northeasterly of the following described line: Commencing at the northwest corner of said Lot 2; thence South 21 degrees 15 minutes 20 seconds East, bearing assumed, along the southwesterly line of said Lot 2 a distance of 24.16 feet to the point of beginning of the line to be described; thence South 89 degrees 25 minutes 07 seconds East 155.57 feet; thence South 0 degrees 34 minutes 53 seconds West 39.02 feet; thence South 20 degrees 40 minutes 09 seconds East 22.52 feet; thence South 89 degrees 25 minutes 07 seconds East 62.64 feet; thence South 0 degrees 34 minutes 53 seconds West 30.00 feet; thence South 89 degrees 25 minutes 07 seconds East 90.00 feet; thence South 0 degrees 34 minutes 53 seconds West 30.00 feet; thence South 89 degrees 25 minutes 07 seconds East 191.65 feet; thence South 76 degrees 45 minutes 56 seconds East 29.75 feet more or less to the westerly right of way line of Bishop Avenue, and there terminating. 

3 — That part of Block 1, Lots 2 and 3, Bishop Heights, Dakota County, Minnesota which lies southerly and southwesterly of the following described line: Commencing at the northwest corner of said Lot 2; thence South 21 degrees 15 minutes 20 seconds East, bearing assumed, along the southwesterly line of said Lot 2 a distance of 24.16 feet to the point of beginning of the line to be described; thence South 89 degrees 25 minutes 07 seconds East 155.57 feet; thence South 0 degrees 34 minutes 53 seconds West 39.02 feet; thence South 20 degrees 40 minutes 09 seconds East 22.52 feet; thence South 89 degrees 25 minutes 07 seconds East 62.64 feet; thence South 0 degrees 34 minutes 53 seconds West 30.00 feet; thence South 89 degrees 25 minutes 07 seconds East 90.00 feet; thence South 0 degrees 34 minutes 53 seconds West 30.00 feet; thence South 89 degrees 25 minutes 07 seconds East 191.65 feet; thence South 76 degrees 45 minutes 56 seconds East 29.75 feet more or less to the westerly right of way line of Bishop Avenue, and there terminating 

4 — Lot 4, Block 1, Bishop Heights, except that part lying south of the following described line: Commencing at the northwest corner of said Lot 4, thence southeasterly along the westerly line of said Lot 4 on an assumed bearing of South 21 degrees 15 minutes 20 seconds East 107.57 feet to the point of beginning of the line to be described; thence North 68 degrees 44 minutes 40 seconds East, a distance of 80.50 feet; thence South 21 degrees 15 minutes 20 seconds East, a distance of 17.04 feet; thence South 18 degrees 58 minutes 24 seconds East a distance of 65.59 feet; thence North 89 degrees 59 minutes 25 seconds East a distance of 216.22 feet; thence North 37 degrees 12 minutes 54 seconds East 28.52 feet; thence North 89 degrees 25 minutes 20 seconds East, a distance of 47.10 feet more or less to the Easterly line of Lot 4 and there terminating. 

5 — Lot 5, Block 1, Bishop Heights and that part of Lot 4, Lot 1, Bishop Heights lying south of the following described line: Commencing at the northwest corner of said Lot 4, thence southeasterly along the westerly line of said Lot 4 on an assumed bearing of South 21 degrees 15 minutes 20 seconds East 107.57 feet to the point of beginning of the line to be described; thence North 68 degrees 44 minutes 40 seconds East, a distance of 80.50 feet; thence South 21 degrees 15 minutes 20 seconds East, a distance of 17.04 feet; thence South 18 degrees 58 minutes 24 seconds East a distance of 65.59 feet; thence North 89 degrees 59 minutes 25 seconds East a distance of 216.22 feet; thence North 37 degrees 12 minutes 54 seconds East 28.52 feet; thence North 89 degrees 25 minutes 20 seconds East, a distance of 47.10 feet more or less to the Easterly line of Lot 4 and there terminating. 

6 — Lot 2, Block 2, Bishop Heights 

7 — Lot 3, Block 2, Bishop Heights 

8 — Lot 1, Block 1, Krech’s Addition 

9 — Tract A, described as: 

The East Half of the Southwest Quarter of the Northeast Quarter; and the North 270 feet of the East Half of the Northwest Quarter of the Southeast Quarter, Section 33, Township 28, Range 22, according to the U.S. Government Survey thereof, Dakota County, Minnesota. 

Tract B, described as: 

Parcel 1: Lots 8 through 23, Block 3, Edgewood Addition to South St. Paul, Dakota County, Minnesota, the vacated alley in said Block 3, and that part of Boyd Avenue (formerly Hamilton Avenue) accruing thereto by reason of the vacation thereof, which lies South of the tract shown as parcel 240B on the plat designated as Minnesota Department of Transportation Right of Way Plat Numbered 19-46 on file and of record in the office of the County Recorder in and for Dakota County, Minnesota, and as said plat has been corrected by Certificate of Correction filed for record with said County Recorder on the 4th day of November 1982, at 9:00 a.m., as Document No. 610751; 

Parcel 2: Block 4, Edgewood Addition to South St. Paul, Dakota County, Minnesota including the alley in said Block 4 and that part of Boyd Avenue (formerly Hamilton Avenue) accruing thereto by reason of the vacation thereof, Except that part of Lots 1 through 8 inclusive and Lots 23 through 30 inclusive, in said Block 4, and that part of the alley in said Block 4 and that part of vacated Boyd Avenue (formerly Hamilton Avenue) accruing thereto by reason of the vacation thereof, shown as Parcel 240A on the plat designated as Minnesota Department of Transportation Right of Way Plat Numbered 19-46 on file and of record in the office of the County Recorder in and or Dakota County, Minnesota, and as said plat has been corrected by Certificate of Correction filed for record with said County Recorder on the 4th day of November 1982, at 9:00 a.m., as Document No. 610751. 

Tract C, described as: 

Parcel 1: Lots 3, 6, 7 and the westerly 60 feet of Lot 2, Block 8, Warren and McDowell’s Acre Lots No. 2, according to the plat thereof on file and of record in the office of the office of the Register of Deeds in and for Dakota County, Minnesota, except that part shown as Parcel 233B on the plat designated as Minnesota Department of Transportation Right of Way Plat Numbered 19-46 on file and of record in the office of the County Recorder in and for Dakota County, Minnesota, except the existing Right of Way of Trunk Highway 110. Torrens Property, Torrens Certificate No. 32372 

Parcel 2: Lot 1 and Lot 2 less the westerly 60 feet thereof, Block 8, Warren and McDowell’s Acre Lots No. 2, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Dakota County, Minnesota, except that part shown as Parcel 233C on the plat designated as Minnesota Department of Transportation Right of Way Plat Numbered 19-46 on file and of record in the office of the County Recorder in and for Dakota County, Minnesota, and except the existing Right of Way of Trunk Highway 110. Torrens Property, Torrens Certificate No. 101901. 

Parcel 3: Lots 4, 5, 8, 9 and 10, Block 8, Warren and McDowell’s Acre Lots No. 2, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Dakota County, Minnesota, except that part shown as Parcel 233A on the plat designated as Minnesota Department of Transportation Right of Way Plat Numbered 19-46 on file and of record in the office of the County Recorder in and for Dakota County, Minnesota, and except the existing Right of Way of Trunk Highway 110. Torrens Property, Torrens Certificate No. 101902. 

Tract D, described as: 

Lots 3, 4, 5, 26 and 27, Block 3, Glenwood, Dakota County, Minnesota, according to the recorded plat hereof, in Dakota County, Minnesota. 

Tract F, described as: 

The East Half of the Northwest Quarter of the Southeast Quarter of Section 33, Township 28, range 22, except the North 270 feet thereof lying Northerly of the Southerly right-of-way of Dakota County Road No. 18. 

Except that part described as follows: 

Commencing at the Southwest corner of the Northwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 22 West; thence on an assumed bearing of North 89 degrees 50 minutes 28 seconds East along the South line of said Northwest Quarter of the Southeast Quarter a distance of 657.07 feet to the Southwest corner of the East Half of the Northwest Quarter of the Southeast Quarter and said point being the point of beginning; thence North 0 degrees 07 minutes 49 seconds West along the West line of said East Half of the Northwest Quarter of the Southeast Quarter a distance of 58.51 feet; thence North 83 degrees 29 minutes 34 seconds East 197.77 feet; thence South 6 degrees 30 minutes 26 seconds East a distance of 80.88 feet to the South line of said East Half of the Northwest Quarter of the Southeast Quarter; thence South 89 degrees 50 minutes 28 seconds West along said South line a distance of 205.52 feet to the point of beginning, except that part previously acquired for County Road No. 18 (a/k/a Upper 55th Street). 

Tract G, described as: 

Parts of Southeast Quarter of Northeast Quarter of Section 33, Township 28, Range 22, which was formerly platted as Lots 1 through 8 inclusive, Block 6, Lots 1 through 8 inclusive, Block 7, Lots 23 through 30 inclusive, Block 7, Lots 1 through 8 inclusive, Block 8 of Edgewood Addition to South St. Paul, and as the streets and alleys abutting on said Lots before the Vacation of Edgewood Addition to South St. Paul, Dakota County, Minnesota 

10 — Lot 1, Block 1, Bishop Heights 2nd Addition 

11 — Lot 1, Block 1, Bishop Heights 3rd Addition 

12 — Lots 1-31, Block 1, Blackberry Townoffice Park 

13 — Lot 1, Block 1, Blackberry Town Office Park Second Addition 

14 — Lot 1, Inver Grove Market 

15 — Lots 6, 7, 8, 9 and 10, Block 7, Warren and McDowell’s Acre Lots No. 2, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Dakota County, Minnesota, except that part shown as Parcel 333 on the plat designated as Minnesota Department of Transportation Right of Way Plat Numbered 19-46 on file and of record in the office of the County Recorder in and for Dakota County, Minnesota. 

16 — Lots 1-88, Brentwood Village 

17 — Lot 1, Block 2, Bishop Heights 

18 — Lots 1 & 2, Bk 1, Outlot A, Brentwood Village Apartments 

19 — Outlot B, Bishop Heights 

20 — Lot 2, Block 1, Inver Grove Market 

21 — Lot 3, Block 1, Bishop Heights 4th Addition 

22 — Lot 1, Block 1, Bishop Heights 4th Addition 

23 — Lot 1, Block 1, Scenic Heights Addition 

24 — Outlot A, Brentwood Hills Apartments 

25 — Lot 2, Block 1, Inver Grove Professional Addition

(South-West Review: Apr. 15, 2018)

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CITYOF INVER GROVE HEIGHTS

DAKOTA COUNTY, MINNESOTA

ORDINANCE NO. 1351

AN ORDINANCE AMENDING INVER GROVE HEIGHTS CITYCODE SECTION 10-13E-6 RELATING TO EXPANSION OF THE AIR SPACE OF AN EXISTING SANITARYLANDFILL 

THE CITY COUNCIL OF THE CITY OF INVER GROVE HEIGHTS ORDAINS AS FOLLOWS: 

Section One. Amendment. Section 10-13E-6 of the Inver Grove Heights City Code relating to “Expansion of the air space of an existing sanitary landfill” is hereby amended to read as follows: 

Expansion of the air space of an existing sanitary landfill, provided all the following conditions are met: 

A. The existing sanitary landfill must have a nonconforming use certificate. 

B. The existing sanitary landfill must be in compliance with and must remain in compliance with the nonconforming use certificate, as amended. 

C. The layer of expanded air space on the existing sanitary landfill where disposal will occur must have a liner, leachate extraction system and landfill gas extraction system. The liner and these extraction systems must be approved by the MPCA, the county and the city before disposal can occur in the expanded air space. 

D. The landfill must also have in place an existing leachate extraction system and a leachate removal and management plan. The leachate removal and management plan must be approved by the MPCA. 

E. The landfill must also have in place an existing landfill gas extraction system and a landfill gas management plan. The landfill gas management plan must be approved by the MPCA. 

F. The final contour height of the sanitary landfill, as expanded (including the final cover system), must not be more than one percent (1%) higher than the final contour (including the final cover system) as previously approved in the nonconforming use certificate, as amended. Measurements shall be taken from mean sea level, national I SUMMARY FOR PUBLICATION: REVIEW AND COMMENT STATEMENT FROM THE MINNESOTA DEPARTEMENT OF EDUCATION FOR ISD #197 ON PROPOSED MAY 8, 2018 BOND REFERENDUM DESCR IPTIO N OF PROPOSED SCHOOL CONSTRUCT ION PROJECT West St. Paul-Mendota Heights-Eagan Area Schools, ISD #197 is proposing a single question bond referendum on May 8, 2018 that would authorize $117 million in bonding authority to finance districtwide building additions, facility/site upgrades and deferred maintenance projects. Henry Sibley High School would be targeted for the greatest share of the proposed projects which would include an athletic complex with artificial turf football field, track, bleacher seating, ancillary amenities and other athletic field upgrades. Proposed additions include space for a competitive swimming pool and additional gymnasium space. Other proposed projects include renovations and expansion of the music rooms, FACS space and science labs as well as upgrades to the existing auditorium. For the middle schools, a music area addition is proposed at Friendly Hills along with deferred maintenance, renovations and site improvements at both Friendly Hills and Heritage Middle Schools. At the elementary schools, minor classroom additions are proposed along with renovations, deferred maintenance projects and site improvements. Bond proceeds of $2.31 million would be utilized to make the FY 2019 interest payment on the new bond issue and another $2.16 million of bond proceeds would be used to reduce the Payable 2019 debt service levy associated with the new bond issue. Proposed projects would be scheduled for completion in the 2019 - 2020 calendar years. Cost estimates by location/project type are as follows: !Garlough Elementary Classroom Addition (7,600 Sq. Ft.) $2,194,335 Mendota Elementary Classroom Addition (8,250 Sq. Ft.) $2,345,888 !Moreland Elementary Classroom Addition (6,600Sq. Ft.) $1,952,335 Renovations $1,114,770 Renovations $667,486 ,Renovations $2,091,095 Deferred Maintenance $2,847,391 Deferred Maintenance $2,594,153 Deferred Maintenance $2,029,163 Site Improvements $605,000 Site Improvements $121,000 Site Improvements $302,500 FF&E $223,385 FF&E $221,833 FF&E $214,077 $6,984,881 $5,950,360 $6,589,170 Somerset Elementary Pilot Knob Elementary Friendly Hills Middle School Classroom Addition (9,500Sq. Ft.) $2,701,325 I Classroom Addition (7,300Sq. Ft.) $1,870,055 1Music Area Addition (5,000 Sq. Ft.) $1,421,750 Renovations $1,218,610 Renovations $1,924,196 Renovations $3,563,277 Deferred Maintenance $1,670,626 1 Deferred Maintenance $2,112,211 1 Deferred Maintenance $11,044,374 Site Improvements $423,500 Site Improvements $453,750 Site Improvements $544,500 FF&E $210,975 FF&E $201,666 I FF&E $544,500 $6,225,036 $6,561,878 $17,118,401 IHeritage Middle School Henry Sibley High School Transportation Building J Renovations $4,668,839 I Additions (49,320 Sq. Ft.) $12,937,562 Deferred Maintenance $968,000 Site Improvements $242,000 Renovations $11,774,834 Deferred Maintenance $10,874,796 Deferred Maintenance $13,660,825 FF&E $521,231 Site lmprovements $7,260,000 $16,306,866 FF&E $1,492,333 Other Costs I Bond Issuance $318,125 $47,125,554 Capitalized Interest $4,470,750 $4,788,875 The district has supplied cost estimates for the operation and staffing costs of the additional building space and athletic facility upgrades and believes existing revenues will be sufficient to fund any operational cost increases. In addition, the school board believes the proposed projects the best long term interest of the district. If the bond referendum is successful and bonds are sold, the debt service on the bonds will be eligible for debt service equalization under Minn. Stat. § 1238.53, Subd. 3, if the bond schedule is approved. The amount of debt service equalization aid, if any, the district receives is determined annually and is dependent upon property wealth, student population, and other statutory requirements. 

Public Notices

Continued from Page 8REVIEW AND COMMENT STATEMENT Based upon the department's analysis of the school district's required documentation and other pertinent information from sources of the Minnesota Department of Education, the Commissioner of Education provides a positive review and comment. ADDITIONAL INFORMATION IS AVAILABLE Persons desiring additional information regarding this proposal should contact the school district superintendent's office at 651-403-7002. Signed by Dr. Brenda Cassellius, Commissioner of Education, March 27, 2018 

(South-West Review: Apr. 15, 2018)

____

Public Notices

Continued on Page 10

geodetic vertical datum of 1929. 

G. The expanded air space must not increase the parcel boundaries of the existing sanitary landfill as previously approved in the nonconforming use certificate, as amended. 

H. The volume of the expanded air space for disposal (not including the final cover system) must not be more than twenty five percent (25%) forty percent (40%) of the cubic yards of air space for disposal (not including the final cover system) that were allowed in the previously approved nonconforming use certificate, as amended. 

I. The types of waste to be disposed in the expanded air space may only include the following: 

1. Construction debris and demolition debris; 

2. Infectious waste which has been processed so as to become noninfectious; 

3. Mixed municipal solid waste from whatever source including, but not limited to, mixed municipal solid waste material from composting, energy recovery facilities, and recycling facilities and processes; 

4. Nonhazardous industrial solid waste including, but not limited to, industrial incinerator ash, all in accord with the industrial waste management plan; and 

5. Solid wastes approved by the MPCA for use as cover material including, but not limited to, foundry sands and certain sludges. 

J. The surface square footage of the final cover system for the entire sanitary landfill, as expanded, must not be more than one acre 8.5 acres greater than the surface square footage of the final cover system that would have been placed if the air space of the sanitary landfill had not been expanded. 

Section Two. Effective Date. This ordinance amendment shall be effective from and after its passage and publication according to law. 

Passed this 9th day of April, 2018. 

CITYOF INVER GROVE HEIGHTS 

By: George Tourville, Mayor 

ATTEST: 

Michelle Tesser, City Clerk

(South-West Review: Apr. 15, 2018)

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PUBLIC NOTICE 

Notice is hereby given that the Planning Commission of Inver Grove Heights will meet on TUESDAY, MAY1, 2018 at 7:00 p.m. in the City Council Chambers, located at 8150 Barbara Avenue, Inver Grove Heights, MN to consider the request for AMERICINN - CASE NO. 18-17IUP. This request involves property located at 5567 Bishop Avenue and identified as PID No. 20-14150-01-010. 

The request consists of: 

- An Interim Use Permit to allow for a park-and-ride facility to be operated on the AMC movie theatre property. 

All written and oral statements will be considered at the public hearing and all those desiring to be heard will be heard at the public hearing. Plans are available for public review at the City Hall offices during normal business hours and on the City of Inver Grove Heights website (www.invergroveheights.org). If you have questions on the request, please call the Planning Department at 651-450-2545. 

Michelle Tesser, City Clerk

(South-West Review: Apr. 15, 2018)

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PUBLIC NOTICE

Notice is hereby given that the Planning Commission of Inver Grove Heights will meet on TUESDAY, MAY1, 2018 at 7:00 p.m. in the City Council Chambers, located at 8150 Barbara Avenue, Inver Grove Heights, MN to consider the request for CENTER CITYHOUSING CORP.- CASE NO. 18-19SZP. This request involves property located at 6070 Cahill Avenue, identified as PID No. 20-00300-26-010. 

The request consists of the following applications: 

- A Rezoning of the property from P, Intuitional to R-3C, Multiple-family; and 

- A Comprehensive Plan Amendment to change the land use from P, Public/ Institutional to HDR, High Density Residential; and 

- A Preliminary and Final Plat for a two-lot subdivision; and 

- A Conditional Use Permit for a 40-unit multi-family apartment building; and 

- A Variance from the minimum parking requirements and any other variances related thereto. 

All written and oral statements will be considered at the public hearing and all those desiring to be heard will be heard at the public hearing. Plans are available for public review at the City Hall offices during normal business hours and on the City of Inver Grove Heights website (www.invergroveheights.org). If you have questions on the request, please call the Planning Department at 651-450-2545. 

Michelle Tesser, City Clerk

(South-West Review: Apr. 15, 2018)

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STATE OF MINNESOTA

COUNTYOF RAMSEY

SECOND JUDICIAL DISTRICT 

DISTRICT COURT

Case Type – Other Civil - Mortgage Foreclosure 

Court File No. 62-CV-17-2835

NOTICE OF SHERIFF’S 

SALE UNDER JUDGMENT AND DECREE 

(REAL PROPERTY) 

A & M Market, LLC, a Minnesota limited liability company, 

Plaintiff, 

Khaffak S. Ansari a/k/a Khaffak Sahib Ansari; Tawfiq S. Ansari; Nadera A. Mohammed; Beth M. Ansari a/k/a Beth Marie Ansari a/k/a Beth Marie Overman; Unifund CCR Partners; CitiBank South Dakota NA; Capital One Bank USA NA; Discover Bank; Department Stores National Bank; Capital Alliance Financial, LLC; Charles D. Nolan and Sons, Inc. d/b/a EZ Storage; and United States of America, 

Defendants 

NOTICE IS HEREBYGIVEN, that under and by virtue of the Judgment and Order signed and entered on January 10, 2018, in the above-entitled action by the District Court of Ramsey County, Minnesota, Second Judicial District, a certified copy of which has been delivered to me directing the sale of the premises hereinafter described, to satisfy the amount found and adjudged due Plaintiff in the above-entitled action from Defendants, which is $273,919.42, as prescribed in the Judgment, the undersigned Sheriff of Ramsey County will sell at public auction to the highest bidder, for cash, on the 23rd day of May, 2018, at 10:00 a.m. at the Ramsey County Sheriff’s Office, 25 West 4th Street, Suite 150, Saint Paul, MN 55102, the premises and real estate, lying and being in the County of Ramsey, State of Minnesota, described in said Judgment, to-wit: 

The East 100 feet of Lots 9 & 10, Block 117, West St. Paul Proper, Ramsey County, Minnesota. 

Said Parcel is identified by Ramsey County by its Parcel Identification Number of 07.28.22.14.0139 and has a physical address of 605 Stryker Avenue, St. Paul, Minnesota 55107 

together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as “Property”). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however established. 

Date and Recording Information of Mortgage: Mortgage dated June 23, 2004 and recorded on July 29, 2004, in the Office of the Ramsey County Recorder as Document Number 3777448, as assigned to Central Bank by written assignment recorded on May 26, 2010, as Document Number 4223910, and further assigned to A & M Market, LLC, a Minnesota limited liability company by written assignment recorded on March 29, 2011, as Document Number 4273376. 

Subject to redemption within SIX (6) months from the confirmation of said sale. 

“THE TIME ALLOWED BYLAW FOR REDEMPTION BYTHE MORTGAGORS, THE MORTGAGORS’ PERSONAL REPRESENTATIVES OR ASSIGNS, MAYBE REDUCED TO FIVE (5) 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 (5) UNITS, ARE NOT PROPERTYUSED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” 

Dated: March 21, 2018

Jack G. Serier

Sheriff of Ramsey County, Minnesota

By: /s/ Michael E. Frank

Deputy Sheriff 

This instrument was drafted by: 

Chris E. Royal 

Law Office of C. Edward Royal 

4130 Fernbrook Lane N 

Plymouth, MN 55446 

(651) 270-5999 

Attorney Registration #0313154 

Plaintiff’s Attorney

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

(East Side Review: Apr. 1, 8, 15, 22, 29, May 6, 2018)

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