Public Notices April 22, 2018 - Roseville Area Review

Public Notices, Foreclosure Notices & Legal Notices published April 22, 2018 in the Roseville - Little Canada Review

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Public Notices

Legal 

announcements

STATE OF MINNESOTA

COUNTY OF Ramsey

DISTRICT COURT 

probatedivision

Court File No.: 62-PR-18-307

ORDER andNOTICE ofHEARING ON PETITION FOR ADJUDICATION OF INTESTACY, DETERMINATION OF HEIRShip andAPPOINTMENT OF PERSONAL REPRESENTATIVE insupervisedadministrationAND NOTICE TO CREDITORS 

In Re the Estate of: 

Erma Jane Chlebeck 

Deceased 

TO ALL INTERESTED PERSONS AND CREDITORS: 

It is Ordered and Notice is given that on the 5th day of June, 2018, at 9:00 o’clock A.M., a hearing will be held in the above named Court at Ramsey County Courthouse, 15 W. Kellogg Blvd, Courtroom 1670, St. Paul, Minnesota, for the adjudication of intestacy and determination of heirship and for the appointnment of John Chlebeck whose address is 6900 Newton Avenue South, Richfield, MN 55423 as personal representative of the estate of the above named decedent in a supervised administration and any objections thereto must be filed with the court. That, if proper and no objections are filed, said personal representative will be appointed to administer the estate to collect all assets, pay all legal debts, claims, taxes and expenses, and sell real and personal property, and do all necessary acts for the estate. Upon completion of the administration the representative shall file a final account for the allowance and shall distribute the estate to the persons thereunto entitled as ordered by the Court, and close the estate. 

Notice is further given that ALL CREDITORS having claims against said estate are required to present the same to said personal representative or to the Court Administrator within four months after the date of this notice or said claims will be barred. 

Date April 5, 2018

Jeanette Warner

Deputy Court Administrator 

Ross R. Arneson, Attorney 

302 West Main, P.O. Box 529 

Arlington MN 55307 

(507) 964-5753

(Bulletin: April 18, 25, 2018)

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publicnotice

The contents of the following storage units will be sold to the public using sealed bids. Sale and viewing will be held at 12:00 PM, on 5/24/18 at the U-Haul Moving and Storage Center of St. Paul, 2520 Como Ave, St. Paul, MN 55108. 

Unit number 1151 leased by Christopher Anderson 

Miscellaneous household and personal goods 

Amount Due: $509.90 

Unit number 1096 leased by Becky Costilla 

Miscellaneous household and personal goods 

Amount Due: $305.80 

Unit number 1150 leased by Marsha Harris 

Miscellaneous household and personal goods 

Amount Due: $305.80 

Unit number 1117 leased by Kenneth Peters 

Miscellaneous household and personal goods 

Amount Due: $395.80 

Unit number 2101 leased by Theodore Fox 

Miscellaneous household and personal goods 

Amount Due: $255.80 

Unit number 1083 leased by Mark Moberg 

Miscellaneous household and personal goods 

Amount Due: $289.90 

Unit number 1038 leased by Cindy Schumacher 

Miscellaneous household and personal goods 

Amount Due: $750.30 

Unit number 1534 leased by Diana Washington 

Miscellaneous household and personal goods 

Amount Due: $568.70 

Unit number 1173 leased by James Moger 

Miscellaneous household and personal goods 

Amount Due: $499.90 

Unit number 1736 leased by Marcus Berdan 

Miscellaneous household and personal goods 

Amount Due: $319.90 

Unit number 1970 leased by Kiara Malone 

Miscellaneous household and personal goods 

Amount Due: $255.80 

Unit number 1836 leased by Josh Waldeewiley 

Miscellaneous household and personal goods 

Amount Due: $598.70 

Unit number 1047 leased by Laquita Reliford 

Miscellaneous household and personal goods 

Amount Due: $289.90 

Unit number 2058 leased by Cecilia Mcgee 

Miscellaneous household and personal goods 

Amount Due: $239.90 

Unit number 2030 leased by Michelle Slaughter 

Miscellaneous household and personal goods 

Amount Due: $343.70

(Roseville Review: Apr. 24, May 1, 2018)

____

CERTIFICATE OF 

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

1. List the exact assumed name under which the business is or will be conducted: Equal Footing 

2. Principal Place of Business: 475 Cleveland Ave N. #305, St. Paul MN 55104 

3. List the name and complete street address of all persons conducting business under the above Assumed Name: The Family Development Center Foundation, 475 Cleveland Ave N. #305, St. Paul MN 55104 

4. I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: 03/08/18

/s/ Alyssa Wright,

Executive Director

(Roseville Review: Apr. 24, May 1, 2018)

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CERTIFICATE OF

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

1. List the exact assumed name under which the business is or will be conducted: BOB DUERR’S SNAKE ZOO 

2. Principal Place of Business: 500 COUNTY RD. B WEST #226, ROSEVILLE MN 55113 

3. List the name and complete street address of all persons conducting business under the above Assumed Name: ROBERT JOHN DUERR, 500 COUNTY RD. B WEST #226, ROSEVILLE MN 55113 

4. I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: 2-21-18

/s/ Robert J Duerr,

Owner

(Roseville Review: Apr. 24, May 1, 2018)

____

CERTIFICATE OF

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

ASSUMED NAME: Food Trip Foods 

PrincipalPlaceofBusiness: 965 Hague Ave, St. Paul MN 55104 

NAMEHOLDERS: Loons Enterprises, LLC, 965 Hague Ave, St.Paul MN 55104 

I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: 04/14/2018

/s/ Heather Rogers 

(Roseville Review: Apr. 24, May 1, 2018)

____

CERTIFICATE OF

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

1. List the exact assumed name under which the business is or will be conducted: Project Lifesaver Minnesota Support Center 

2. Principal Place of Business: 703 Forest Dale Road, New Brighton MN 55112-2529 

3. List the name and complete street address of all persons conducting business under the above Assumed Name: Project LIfesaver MN, 703 Forest Dale Road, New Brighton MN 55112-2529 

4. I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: 3/26/2018

/s/ Robert W. Parrott,

President

(Bulletin: Apr. 25, May 2, 2018)

____

CERTIFICATE OF

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

1. List the exact assumed name under which the business is or will be conducted: Fitness North & Wellness Center 

2. Principal Place of Business: 1300 Northwest Parkway, #429, New Brighton MN 55112 

3. List the name and complete street address of all persons conducting business under the above Assumed Name: Core Achievement, LLC, 1300 Northwest Parkway, #429, New Brighton MN 55112 

4. I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: 4-6-2018

/s/ Rena Alseth,

President

(Bulletin: Apr. 25, May 2, 2018)

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CERTIFICATE OF

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

ASSUMED NAME: Haag’s Property Maintenance

PrincipalPlaceofBusiness: 585 Cleveland Ave S. Apt. A, St. Paul MN 55116 

NAMEHOLDERS: Shane M. Haag, 585 Cleveland Ave S. Apt. A, St. Paul MN 55116 

I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: 03/28/2018

/s/ Shane M. Haag 

(Roseville Review: Apr. 17, 24, 2018)

____

CERTIFICATE OF

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

ASSUMED NAME: AA Consulting 

PrincipalPlaceofBusiness: 2210 Dale St N #2B, Roseville MN 55113 

NAMEHOLDERS: Akins Ebenezer Adeniyi, 2210 Dale St N #2B, Roseville MN 55113 

I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: 04/03/2018

/s/ Akins Adeniyi 

(Roseville Review: Apr. 17, 24, 2018)

____

CERTIFICATE OF

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

ASSUMED NAME: Active Life Emporium LLC 

PrincipalPlaceofBusiness: 26661 Bunert Road, Warren MI 48089 

NAMEHOLDERS: Lipari Foods Operating Company, LLC, 1010 Dale St. N, St. Paul MN 55117 

I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: 04/10/2018

/s/ Thom Lipari 

(Roseville Review: Apr. 17, 24, 2018)

____

CERTIFICATE OF

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

1. List the exact assumed name under which the business is or will be conducted: Highland Youth Football Association 

2. Principal Place of Business: 631 University Ave West, Saint Paul MN 55104 

3. List the name and complete street address of all persons conducting business under the above Assumed Name: Johnny Allen Jr., 631 University Ave West, Saint Paul MN 55104; David Zeitchick, 1378 Sumner St, Saint Paul MN 55116 

4. I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: 3/30/18

/s/ Johnny Allen Jr.

Founder

(Roseville Review: Apr. 17, 24, 2018)

____

CERTIFICATE OF

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

1. List the exact assumed name under which the business is or will be conducted: XD RIDE 

2. Principal Place of Business: 8 Greenway Plaza, Suite 1320, Houston TX 77046 

3. List the name and complete street address of all persons conducting business under the above Assumed Name: MM RIDE MA, LLC., 8 Greenway Plaza, Suite 1320, Houston TX 77046; Registered Agent: Capitol Corporate Services Inc., 730 Center Avenue, Suite 202, Moorhead MN 56560 

4. I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: 4/10/2018

/s/ John Morton,

Manager

(Bulletin: Apr. 18, 25, 2018)

____

amendmentto

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

1. List the exact assumed name under which the business is or will be conducted: Neutral Path Communications 

2. Principal Place of Business: 1805 29th Street, Suite 2050, Boulder CO 80301 

3. List the name and complete street address of all persons conducting business under the above Assumed Name: Zayo Group, LLC, 1010 Dale St. N, St. Paul MN 55117-5603 

4. This certificate is an amendment of Certificate of Assumed Name File Number: 836982100042

Originally filed on: August 20, 2015 

5. I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: April 17, 2018

/s/ Wendy Cassity,

Senior Vice President, General Counsel & Secretary

(Roseville Review: Apr. 24, May 1, 2018)

____

Falcon Heights

CITY OF FALCON HEIGHTS

PUBLIC HEARING NOTICE 

Notice is hereby given that the Falcon Heights City Council, at its regular meeting at 7:00 p.m. on May 9, 2018, in the City Hall Council Chambers, 2077 W. Larpenteur Ave, Falcon Heights, Minnesota, 55113 will hold a public hearing to amend Chapter 14 Article IX-Tobacco of the Falcon Heights City Code that governs the regulations of tobacco related products. 

The proposed changes to the City Code would include, but not limited to: 

1. Updates and addition to several definitions. 

2. Increase the age for purchase of tobacco products from 18 years old to 21 years old. 

3. Prohibits the sale of flavored tobacco with a few exceptions.

Sack Thongvanh

City Administrator

(Roseville Review: Apr. 24, 2018)

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Little Canada

CITY OF LITTLE CANADA

CITY COUNCIL

WORKSHOPMEETING 

Notice is hereby given that the Little Canada City Council will hold a Workshop Meeting on Wednesday, May 9, 2018 for an annual joint meeting with the Little Canada Fire Department. 

The Workshop Meeting will begin at 6:00 p.m. and will be held in the Conference Room of the City Center located at 515 Little Canada Road in said City.

Joel R. Hanson

City Administrator

(Roseville Review: Apr. 24, 2018)

____

New Brighton

CITY OF NEW BRIGHTON

803 OldHighway8 NW

NewBrighton, MN 55112

ADVERTISEMENT FOR BIDS

CityofNewBrighton

Project18-1, 2018 StreetRehabilitation

Sealed proposals for furnishing of the necessary labor, materials, and equipment for the rehabilitation of approximately 1.85 miles of residential streets in New Brighton by the removal of the existing bituminous surfacing, removal and replacement of broken or settled sections of concrete curb and gutter, storm sewer construction, watermain and hydrant replacement, street excavation and grading, aggregate base, bituminous surfacing, and boulevard repair which includes approximately: 

31,000 SY Remove Bituminous 

Pavement

5,650 CY Common Excavation

8,350 TON Aggregate Base

3,900 TON Bituminous 

Non-Wear Mixture

5,800 TON Bituminous Wear 

Mixture 

32 EA Storm Sewer Catch 

Basins

1,900 LF Storm Sewer 

(12” RCP-54” RCP)

5,250 LF Watermain 

Replacement

16 EA Fire Hydrants

8,500 LF Concrete Curb and 

Gutter

1 LS Traffic Control

1 LS Erosion Control 

Plus miscellaneous and incidental work, all in accordance with the plans and specifications, will be received at the Office of the City Engineer in the City of New Brighton until 10:00 a.m. on Wednesday, May 16, 2018, then publicly opened and read aloud. 

Digital copies of the Bidding Documents are available at http://www.QuestCDN.com for a fee of $30.00. The documents may be downloaded by selecting this project from the “Browse Projects” page or by entering eBid-Doc#5704900 on the “Search Projects” page. For assistance and free membership registration, contact QuestCDN at 952-233-1632 or info@questcdn.com

Copies of the plans and specifications may be examined and obtained at the Office of the City Engineer, 803 - Old Highway 8 NW, New Brighton, Minnesota, 55112, for a non-refundable cost of $50.00 per set and an additional $10.00 charge per set if mailed. 

All proposals shall be made on forms similar to those attached to and made a part of the proposed contract documents, and shall be addressed to: 

Craig Schlichting, P.E. City Engineer 

City of New Brighton 

803 - Old Highway 8 NW 

New Brighton, Minnesota 55112 

and endorsed with: (Name of Bidder) 

City Project 18-1, 2018 Street Rehabilitation 

Each proposal shall be accompanied by a Non-Collusion Affidavit; a Responsible Contractor Certificate; an Equal Employment Opportunity Certification; and a certified check or bid bond made payable to the City of New Brighton in the amount of 5% of the bid as a guarantee that such bidder will enter into a contract with said City, in accordance with the terms of such letting and bid in case such bidder be awarded a contract. 

No bids may be withdrawn for a period of thirty (30) days from the date of opening of bids. The right is reserved to accept any bid, or to reject any or all bids.

(Bulletin: Apr.18, 25, 2018)

____

CITY OF NEW BRIGHTON

COUNTY OF RAMSEY

STATE OF MINNESOTA 

NOTICE OF PUBLIC HEARING for the following land use action: 

City of New Brighton requests a Zoning Code Amendment, amending various sections of Chapter 8, revising the 4/5th voting requirement on all land use actions to a simple majority of the City Council. 

NOTICE IS HEREBY GIVEN that the New Brighton City Council will hold a meeting on Tuesday, May 8, 2018 at 6:30 p.m. at the New Brighton City Hall, 803 Old Highway 8 NW, New Brighton, Minnesota, 55112. 

Such persons as desire to be heard with reference to any of the above matters will be heard at this meeting. 

All persons are welcome to make an appointment to review any proposed plans and documents with the Assistant Director of Community Assets & Development/Planning Director prior to the Public Hearing date. 

Telephone: 651-638-2059 

Email: janice.gundlach@newbrightonmn.gov 

Fax: 651-638-2044 

Terri Spangrud, City Clerk 

Craig Schlichting, Director of Community Assets & Development

(Bulletin: Apr. 25, 2018)

____

Shoreview

DRAFT ORDINANCE

STATE OF MINNESOTA

COUNTY OF RAMSEY

CITY OF SHOREVIEW

ORDINANCE NO. 961

AN ORDINANCE TO 

AMEND CHAPTER 200 OF THE MUNICIPAL CODE SECTION 211 

The Shoreview City Council ordains that Chapter 200, Development Regulations, is hereby amended by revising Section 211, Property Maintenance Standards, adding language pertaining to Refuse (New language highlighted red; Stricken text is proposed for deletion). 

211.020 Refuse 

(A) Definition. 

(1) Refuse means all solid waste products which are composed wholly or partly of the following materials: garbage, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes, domestic solid wastes, organic wastes, residues of animals, meat, fruit, vegetables, grains or fish; animal excreta or carcasses of animals; rubbish including wood, leaves, vegetation, tree trimmings, dead trees and shrubs, branches, sawdust, shavings, grass trimmings, paper products, straw, rags, clothing, and all other combustibles; waste matter composed of soil, clay, sand, earth, gravel, fill, stones, bricks, plaster, glass, glassware, crockery, ashes, cinders, shells, metal and other noncombustibles; waste debris resulting from the construction, demolition, repair or alteration of structures or buildings; and accumulated waste materials composed of cans, containers, tires, junk, vehicle parts, appliances, electronic devices or other substances which may become a nuisance. 

(2) Refuse Container. A receptacle designed for the temporary storage of refuse usually made out of metal or plastic and enclosed with a lid. Yard waste may, however, be temporarily stored in paper or plastic bags. 

(3) Construction Dumpster. A mobile receptacle for temporarily storing refuse debris resulting from the construction, demolition, repair or alteration of structures or buildings. Construction dumpsters are transported to the site by truck and range in size from 10 to 45 cubic yards. Bagsters, large bags that hold less than 10 cubic yards, are considered a construction dumpster. 

(B) Refuse is considered a nuisance and/or hazardous to safety or welfare and every person shall arrange for the collection and disposal of all accumulations of refuse on their property at least once a week, by a collector of refuse, licensed by the City. 

(C) All refuse shall be properly contained in a closed container sufficiently designed for the storage of all refuse accumulating on the premises between collections. Refuse containers shall be stored within a fully enclosed building or in an area designed for such purpose and property screened from adjoining properties and the public right of way. Refuse containers shall be kept in a tidy, sanitary and orderly manner, closed, and all refuse stored within. 

(D) Standards for the RE, R-1 & R-2 Zoning Districts, including Planned Unit Developments that have an underlying zone of RE, R1 or R2 

(1) Refuse containers, including tree debris, shall be permitted at curbside or other permitted collection point from 12:00 p.m. of the night preceding collection day until 12:00 p.m. on the day after designated collection day. 

(2) With the exception of Subsection (D1 and D3): 

a. Refuse containers shall be stored within an enclosed building, or in the side or rear yard immediately adjacent to a structure. 

(3) Refuse containers shall not be stored forward of the principle or accessory structure whichever is closer to the street. 

(4) If the property has unique circumstances that create a hardship for the property owner to store refuse containers in accordance with Subsection (D2) above, said refuse containers may be stored forward of the principle or accessory structure closest to the street provided: 

a. The refuse containers are immediately adjacent to the principle or accessory structure. 

b. The refuse containers are screened from view of the public right-of-way. 

c. Examples of unique circumstances may include topography, fencing, lake frontage or single car attached garages. 

(5) Tree waste may be stored in any yard, provided it is placed out at the curbside or other permitted collection point on the next collection day for pick-up by the waste hauler. 

(6) Construction Dumpster Standards 

(a) Number allowed: One construction dumpster is allowed per residential lot. 

(b) Placement. Dumpsters may be placed in any yard or driveway provided it is setback a minimum of 5 feet from a property line, and does not impede traffic visibility and public safety. Dumpsters shall not be placed in any public street. Dumpsters placed in a private roadway shall not impede access by emergency vehicles. 

(c) Duration. 

i. A dumpster located on a residential property without an associated building permit is permitted for a period not to exceed fourteen (14) calendar days and not more than two (2) times in a calendar year. 

ii. A dumpster located at a residential property with an associated building permit is permitted throughout the duration of the building project and must be removed within fourteen (14) days of the projects completion. 

(E) Any hazardous materials must be disposed in accordance with applicable State and Federal regulations. 

Effective Date. This ordinance shall become effective the day following its publication in the City’s official newspaper. 

Publication Date. Published on the 25th of April , 2018.

Sandra C. Martin, Mayor

(Bulletin: Apr. 25, 2018)

____

DRAFT ORDINANCE

STATE OF MINNESOTA

COUNTY OF RAMSEY

CITY OF SHOREVIEW

ORDINANCE NO. 962

AN ORDINANCE TO AMEND CHAPTER 200 OF THE MUNICIPAL CODE, SECTION 203 

The Shoreview City Council ordains that Chapter 200, Development Regulations, is hereby amended by revising Section 203, Administration, by adding the following: 

203.090 Administrative Citations 

(A) Purpose and Findings. The City Council finds that there is a need for alternative methods of enforcing the provisions of Section 211. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the City and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard City Code violations as being important. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement is in addition to any other legal remedy that may be pursued for City Code violations. 

(B) Administrative Citations and Civil Penalties. This Section governs administrative citations and civil penalties for violations of Section 211. 

(C) General provisions. A violation of Section 211 may be subject to an administrative citation and civil penalties. Each day a violation exists constitutes a separate offense. 

(D) Administrative Citation. The City Manager and his/her designee may issue an administrative citation upon the finding that a Code violation has occurred. The citation must be issued in person or by mail to the property owner and/or person responsible for the violation offense. The citation must state the date, time, and nature of the offense, the name of the issuing officer, the amount of the scheduled civil penalty, and the manner for paying the civil penalty or appealing the citation. 

(1) Response to Citation. A recipient shall respond to the citation within 14 days of receipt. The recipient may: 

(a) Admit the violation stated in the citation and agree to pay the 

Public Notices

Continued on Page 10

fine. Payment of the civil penalty constitutes admission of the violation. 

(b) Deny the violation stated in the citation and request a hearing within fourteen (14) calendar days after issuance. 

(E) Administrative Hearing. 

(1) Hearing Officers. The City shall maintain a list of hearing officers available to conduct hearings on the merits of an administrative citation, if requested by a recipient. Hearing officers shall have executed a contract to provide hearing officer services with the City of Shoreview. The hearing officer is not a judicial officer but is a public officer as defined by Minn. Stat. § 609.415. The hearing officer must not be a City employee. The City Manager must establish a procedure for evaluating the competency of the hearing officers, including comments from accused violators and City staff. These reports must be provided to the City Council. 

(a) Removal of Hearing Officer. The accused will have the right to request, no later than five (5) calendar days before the date of the hearing, that the assigned hearing officer be removed from the case. One request for each case will be granted automatically by the City Clerk. A subsequent request must be directed to the assigned hearing officer who will decide whether he or she can fairly and objectively review the case. The City Clerk may remove a hearing officer only by requesting that the assigned hearing officer find that he or she cannot fairly and objectively review the case. If such a finding is made, the officer shall remove himself or herself from the case, and the City Clerk will assign another hearing officer. 

(2) Request For Hearing. If the recipient responds by requesting a hearing, the City Manager shall assign the case to a hearing officer on the list. The Manager shall notify the hearing officer, the recipient and the issuing officer of the assignment in writing. The hearing officer shall schedule a hearing within a reasonable date of receiving the notice. Any delays in holding the hearing shall be reported to the City Manager by the hearing officer. 

(3) Citation Materials. At assignment, the City Manager shall transmit a copy of the citation to the hearing officer. Within five days of assignment, the issuing officer or the officer’s department shall transmit copies of all materials relating to the citation to the hearing officer. The hearing officer shall transmit a copy of any materials received to the recipient at the earliest opportunity but at least three days in advance of the hearing. 

(4) Notice of Hearing. Notice of the hearing must be served on the person responsible for the violation at least fourteen (14) calendar days in advance, unless a shorter time is accepted by all parties. Service of the Notice will be by first class mail and will be complete upon mailing. 

(5) Hearing. At the hearing, the hearing officer shall receive the testimony of any witnesses, witness statements, and comments presented by the person cited. The hearing officer will consider these items alongside the materials submitted by the issuing officer, and may weigh the evidence and make credibility determinations to the best of the hearing officer’s ability. The hearing officer is not required to apply the rules of evidence in making determinations about the evidence presented. The issuing officer is not required to attend the hearing. 

(6) Decision/Findings. After considering all of the evidence submitted, the hearing officer shall determine, by a preponderance of the evidence, whether the person cited did or did not violate the statute or statutes identified in the citation. The hearing officer shall make written findings supporting the determination and transmit them to the cited person and the City Manager within five days of closing the hearing. The decision of the hearing officer is final without any further right of administrative appeal. 

(7) Failure to attend the hearing constitutes a waiver of the violator’s rights to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of “good cause” are: death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. “Good cause” does not include: forgetfulness and intentional delay. 

(F) Payment Following Finding Of Violation. If the hearing officer finds a violation, the fine for the Code Violation is due within 30 days of the date the findings are sent to the recipient. The hearing officer may not alter or reduce the fine for any offense or combine multiple offenses into a single fine. Payment of fines due shall be made to the City Manager. 

(G) Recovery of Civil Penalties. If a civil penalty is not paid within the time specified, the City has the authority to take the following actions: 

(1) A lien may be assessed against the property and collected in the same manner as taxes. 

(2) A personal obligation may be collected by appropriate legal means. 

(3) A late payment fee of 10 percent of the civil penalty may be assessed for each 30-day period, or part thereof, that the fine remains unpaid after the due date. 

(H) Criminal Penalties. The following are misdemeanors, punishable in accordance with State Law: (i) failure, without good cause, to appear at a hearing that was scheduled under Code Section 203.090 (E)(4); (ii) failure to pay a civil penalty imposed by a hearing officer within 30 days after it was imposed, or such other time as may be established by the hearing officer. 

If the final adjudication in the administrative penalty procedure is a finding of no violation, then the City may not prosecute a criminal violation in district court based on the same set of facts. This does not preclude the City from pursuing a criminal conviction for a violation of the same provision based on a different set of facts. A different date of violation will constitute a different set of facts. 

Effective Date. This ordinance shall become effective the day following its publication in the City’s official newspaper. 

Publication Date. Published on the 25th of April , 2018.

Sandra C. Martin, Mayor

(Bulletin: Apr. 25, 2018)

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St Anthony

NOTICE OF A PUBLIC HEARING 

Notice is hereby given that on May 8, 2018, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the Saint Anthony Village City Council will hold a public hearing to solicit public response to the draft 2040 Comprehensive Plan. The City Council will make a recommendation regarding the draft plan and authorization of submission of the plan to the Metropolitan Council and Adjacent Communities. 

Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the hearing. Questions may be directed to the City Planner at 763-231-4863. 

The City Council agenda and packet item relating to this application will be made available prior to the meeting online at www.savmn.com .

Breanne Rothstein, AICP

City Planner

(Bulletin: Apr. 25, 2018)

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NOTICE OF A PUBLIC HEARING 

Notice is hereby given that on May 8, 2018, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the Saint Anthony Village City Council will hold a public hearing to receive public input on the 2019 Budget. 

Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the hearing Questions may be directed to the City Clerk at 612-782-3313.

Shelly Rueckert

Finance Director

(Bulletin: Apr. 25, 2018)

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