Public Notices April 22, 2018 South-West Review

Public Notices, Foreclosure Notices & Legal Notices published April 22, 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)

____

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)

____

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)

____

STATE OF MINNESOTA

COUNTY OF 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 HEREBY GIVEN, 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 BY LAW FOR REDEMPTION BY THE MORTGAGORS, THE MORTGAGORS’ PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE 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 PROPERTY USED 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. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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

____

NOTICE OF PUBLIC ACCURACY TEST

INDEPENDENT SCHOOL DISTRICT NO. 197

(WEST ST. PAUL-MENDOTA HEIGHTS-EAGAN AREA SCHOOLS)

STATE OF MINNESOTA 

NOTICE IS HEREBY GIVEN that Independent School District No. 197 (West St. Paul-Mendota Heights-Eagan Area Schools) shall perform a public accuracy test (PAT) of the ImageCast Evolution voting system, which includes the assistive device, that will be used in the District’s May 8, 2018 special election. The test shall be conducted at the ISD 197 District Offices, 1897 Delaware Avenue, Mendota Heights, MN 55118 on April 26, 2018 at 1:30 p.m. The test will be observed by at least two election judges. The test is open to anyone who wishes to attend. The voting system will be tested to ascertain that the system will correctly mark ballots and count the votes cast for all candidates. Persons interested in attending this public test should call Mary Amidon at 651-403-7002 or email at mary.amidon@isd197.org for more information.

BY ORDER OF THE SCHOOL BOARD

Independent School District No. 197 

(West St. Paul-Mendota Heights-Eagan Area Schools)

State of Minnesota

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

____

CITY OF INVER GROVE HEIGHTS

DAKOTA COUNTY, MINNESOTA

NOTICE OF PUBLIC HEARING 

NOTICE IS HEREBY GIVEN: 

The City of Inver Grove Heights will hold a public hearing on May 14, 2018 at 7:00 p.m. in the City Council Chambers, 8150 Barbara Avenue to consider the application of La mei Spa, LLC for a Massage Business license for premise located at 2910 Upper 55th Street, Inver Grove Heights, MN 55077 and in addition to a Massage Therapist Individual license for Mei Mei Mak for the same premise. 

All Interested persons will be heard at this meeting. 

Michelle Tesser, City Clerk

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

____

DAKOTA COUNTY, MINNESOTA

ORDINANCE NO. 18-1

AN ORDINANCE AMENDING THE LILYDALE CITY CODE CHAPTER IX. BUILDING AND LAND USE REGULATIONS, AMENDING SECTION 904.03 TO ADD DESIGN STANDARDS IN THE R2: MULTIFAMILY RESIDENCE DISTRICT, AMENDING SECTION 904.05 TO ADD ADDITIONAL DESIGN STANDARDS IN THE B-1: GENERAL BUSINESS DISTRICT, AND AMENDING SECTION 904.07 TO ADD CLARITY TO THE REQUIREMENTS OF A PLANNED UNIT DISTRICT 

The City Council of the City of Lilydale hereby ordains: 

That Section 904.03 R-2: Multifamily Residence District, be amended by replacing Section 904.032 Architectural Controls with a new section as follows: 

904.032 Design Standards 

Purpose. The purpose of design requirements in the R-2: Multi-Family Residence District is to set a standard to enhance the appearance and functionality of multifamily residential properties within the city by establishing and enforcing minimum standards for design, construction, and maintenance of buildings and grounds. 

Subd. 1. Building Placement. The placement of buildings shall be compatible with the area, maximize natural surveillance and visibility, and facilitate pedestrian access and circulation. 

Subd. 2. Building Design. 

A. Building walls. Building walls shall provide architectural detail and shall contain windows as required in this section in order to create visual interest and to increase the security of adjacent outdoor spaces by maximizing natural surveillance and visibility. In larger buildings, architectural elements, including recesses or projections, windows and entries, shall be emphasized to divide the building into smaller identifiable sections. Blank, uninterrupted walls that do not include windows, entries, recesses or projections, or other architectural elements, shall not exceed twenty-five (25) feet in length. Exterior materials shall be durable, including but not limited to masonry, brick, stone, stucco applied on site, and glass, provided pre-fabricated stucco panels – sometimes called exterior insulted finish system (EIFS) or similar – is not allowed. Wood and metal may be used as accent materials, provided that they are appropriately integrated into the overall building design and not situated in areas that will be subject to damages associated with heavy use. The exterior materials and appearance of the rear and side walls of any building shall be similar to and compatible with the front of the building. The use of plain face concrete block as an exterior material shall be prohibited where fronting along a public street, public sidewalk, public pathway, or adjacent to the other residential uses or residential zoning districts. 

B. Entrances and windows. Principal entrances shall be clearly defined and emphasized through the use of architectural features such as porches, roofs, overhangs, or other details that express the importance of the entrance. Multiple entrances shall be encouraged. Twenty (20) percent of the wall area on the first floor and ten (10) percent of the wall area on each floor above the first that face a public street, public sidewalk, public pathway, or on-site parking lot shall be windows as follows: 

a. Windows shall be vertical in proportion. 

b. Windows shall be distributed in a more or less even manner. 

Minimum window area at the first floor or ground level shall be measured between two (2) and ten (10) feet above the adjacent grade. Minimum window area on walls above the first floor shall be measured between the upper surface of a floor and the upper surface of the floor above. 

Subd. 3. Site Design. 

A. Pedestrian access. Clear and well-lighted walkways shall connect building entrances to the adjacent public sidewalk or pathway and to any parking facilities located on the site. Such walkways shall be a minimum of four (4) feet in width. 

B. Vehicular access. 

a. In general. Vehicular access and circulation shall be designed to minimize conflicts with pedestrian traffic and with surrounding residential uses. 

b. Parking and loading areas. Where practical, parking and loading areas shall be a reasonable distance from building (other than service) entrances to facilitate moving of household furnishings. 

C. Landscaping and screening. 

a. Required landscaping. Overall composition and location of landscaped areas shall complement the scale of the development and its surroundings. A reasonable attempt shall be made to preserve as many existing trees as is practical and to incorporate them into the site plan. In general, larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected areas. Not less than twenty (20) percent of the site not occupied by buildings including all required landscaped yards shall be landscaped with the following: 

i. One overstory tree per 3,000 square feet of open area. 

ii. One ornamental tree per 1,500 square feet of open area. 

iii. One evergreen tree per 3,000 square feet of open area. 

iv. One deciduous or evergreen shrub per 1,000 square feet of open area. 

b. Parking lot screening. The following shall apply to all new development and redevelopment of parking lots for expansions creating 5,000 square feet or more of impervious surface or disturbance of one-half acre or more of land. The intent is to screen vehicles and headlights from adjacent areas. 

i. Parking lot screening must be provided within ten (10) feet of the perimeter of the parking lot to be screened, except for parking lots adjacent to rain gardens/bioretention systems, other landscape features, or where the traffic sight visibility may be impacted. 

ii. Parking lot screening shall be a minimum of three (3) feet and a maximum of four (4) feet in height as measured from the adjacent finished surface of the parking area. When shrubs are used to provide the screen, such shrubs must be at least two (2) feet tall at planting and anticipated to grow to at least three (3) feet tall at maturity. 

c. Parking lot islands. Off-street parking areas with at least twenty-five (25) parking stalls shall contain interior landscaped islands. Such islands shall be bounded by a raised concrete curb or approved equivalent and shall contain mulch (wood, bark, or decorative rock) or turf grass to retain soil moisture. This provision shall not apply to parking structures. The standards for landscape islands are as follows: 

i. Landscape parking lot islands shall be required at the beginning and end of each parking row and shall contain a minimum of 180 square feet and a minimum width of nine (9) feet. 

ii. A minimum of one overstory tree shall be provided for each island. This provision may be waived for islands utilized for stormwater management or other utility or safety issues as determined by the City Engineer. 

iii. Shrubs, perennials or ornamental grass shall be incorporated in each landscaped island. 

d. Walls and fences. All walls and fences erected within designated buffer yards shall meet the following conditions: 

i. A screening fence or wall shall be constructed of attractive, permanent finished materials compatible with those used in construction of the permanent structure. Such screens shall be at least six (6) feet and 100% visual obstruction of the item(s) to be screened pursuant to requirements of this title. 

ii. Fences may be exposed no more than a maximum length of 20 feet between landscaping areas or clusters. 

iii. For interior lots, a gate constructed of the same material as the fence shall be provided in the wall or fence to allow for maintenance of the street side boulevard. 

iv. Fences and landscaping shall not be located within the traffic sight visibility triangle. 

e. Trash receptacles and garbage. All trash receptacles must be screened on at least three sides and not visible from any public right-of-way. 

D. Lighting. 

a. In general. No lighting shall create light or glare in such an amount or to such a degree or intensity as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance. 

b. Specific standards. Lighting shall comply with the following standards except as otherwise provided in this section: 

i. Lighting fixtures shall be effectively arranged so as not to directly or indirectly cause illumination or glare in excess of one-half footcandle measured at the closest property line abutting a residential use or residential zoning district, and five footcandles measured at the street curb line or nonresidential property line nearest the light source. 

ii. Lighting fixtures shall not exceed 2,000 lumens (equivalent to a 150-watt incandescent bulb) unless of a cutoff type that shields the light source from an observer at the closest property line of any permitted or conditional residential use. 

iii. Lighting shall not create a sensation of brightness that is substantially greater than ambient lighting conditions as to cause annoyance, discomfort or decreased visual performance or visibility to a person of normal sensitivities when viewed from any permitted or conditional residential use. 

iv. Lighting shall not create a hazard for vehicular or pedestrian traffic. 

Subd. 4. Submittal Requirements 

Any building which will contain dwelling units for two or more families in the Multi-family Residential District shall be constructed only in conformance to building and site plans certified by- a registered architect. The site plan may be prepared by a professional site planner but a registered architect must certify that he has personally reviewed the site and designed the proposed buildings in accordance with the site plan, the terrain and the neighboring conditions. No building permit will be issued when these conditions are applicable until appropriate certificates and plans shall be submitted to indicate the following: 

(1) Complete details of the proposed site development including location of buildings, driveways, parking spaces, dimensions of the lot, lot area and yard dimensions. 

(2) Complete landscaping plans including species and size of trees and shrubs proposed. A bond in an amount not to exceed one and one-half times the cost of landscaping and screening shall be required to guarantee the placement thereof as set forth in said plans. 

(3) Complete plans for proposed sidewalks to service parking, recreation and service areas within the proposed development. 

(4) Complete plans for storm water drainage system sufficient to drain and dispose of all surface water accumulations within the areas. 

(5) Proposed plans and specifications for exterior wall finishes for all principal and accessory buildings. 

That Section 904.05 B-1: General Business District, be amended by adding the following underlined language in Subd. 7. Special Minimum Requirements and Performance Standards, Subd. 8. Landscaping Requirements, and Subd. 14. Design and Maintenance of Off-Street Parking Areas, and adding a Subd. 15. Walls and Fences and Subd. 16. Lighting as follows: 

Subd. 7. Special Minimum Requirements and Performance and Design Standards. 

Purpose. The purpose of performance and design standards in the B-1: General Business District is to set a standard to enhance the appearance and functionality of the city’s business/commercial area by establishing and enforcing minimum standards for design, construction, and maintenance of buildings and grounds. 

All uses in the B-1 District shall adhere to the following standards: 

(1) Building materials that are selected shall be attractive in appearance, durable with a permanent finish and of a quality that is both compatible with adjacent structures and consistent with the City’s standards for the District in which it is located. 

(2) Major exterior surfaces on all walls shall be face brick or stone and contain windows as required in this section in order to create visual interest and to increase the security of adjacent outdoor spaces by maximizing natural surveillance and visibility. In larger buildings, architectural elements, including recesses or projections, windows and entries, shall be emphasized to divide 

NOTICE OF SPECIAL ELECTION

INDEPENDENT SCHOOL DISTRICT NO. 197 

(WEST ST. PAUL-MENDOTA HEIGHTS-EAGAN AREA SCHOOLS)

STATE OF MINNESOTA 

NOTICE IS HEREBY GIVEN, that a special election has been called and will be held in and for Independent School District No. 197 (West St. Paul-Mendota Heights-Eagan Area Schools), State of Minnesota, on Tuesday, May 8, 2018, for the purpose of authorizing the issuance of school building bonds. The ballot shall provide as follows:

Special Election Ballot

Independent School 

District No. 197

(West St. Paul-Mendota Heights-Eagan Area Schools)

May 8, 2018

Instructions to Voters:

To vote, completely fill in the oval(s) next to your choice(s) 

like this: .

To vote for a question, fill in the oval next to the word “Yes” on that question.

To vote against a question, fill in the oval next to the word “No” on that question. 

School District Question 1

Approval of School District Bond Issue 

Shall the school board of Independent School District No. 197 

(West St. Paul-Mendota Heights-Eagan Area Schools) be 

Yes authorized to issue its general obligation school building 

bonds in an amount not to exceed $117,000,000 to provide 

No funds for the acquisition and betterment of school sites and 

facilities, including construction and remodeling at all 

elementary schools, both middle schools, and Henry Sibley 

High School; the completion of construction, renovation and 

maintenance of classrooms, common spaces, labs, cafeterias, 

kitchens, and administrative or other instructional spaces at all 

school sites and facilities; the construction of improvements to 

provide appropriate access within all facilities to comply with 

the Americans with Disabilities Act; the construction, renovation 

and maintenance to activity and athletic sites and facilities; 

the construction of improvements to parking lots, traffic flow, 

and drop-off and pick-up locations; and the completion of 

various deferred maintenance and infrastructure improvement 

projects at existing school sites and facilities?

BY VOTING “YES” ON THIS BALLOT QUESTION, YOU

ARE VOTING FOR A PROPERTY TAX INCREASE. 

The combined polling places for this election and the precincts served by those polling places shall be as follows: 

Any eligible voter residing in the school district may vote at said election at the combined polling place designated above for the precinct in which he or she resides. The polls for said election will be opened at 7:00 o’clock a.m. and will close at 8:00 o’clock p.m. on the date of said election. 

A voter must be registered to vote to be eligible to vote in this election. An unregistered individual may register to vote at their polling place on Election Day. 

BY ORDER OF THE SCHOOL BOARD on December 4, 2017

Independent School District No. 197 

(West St. Paul-Mendota Heights-Eagan Area Schools)

State of Minnesota

(South-West Review: Apr. 22, 29, 2018)

____ The combined polling places for this election and the precincts served by those polling places shall be as follows: School District Precinct Combined Precinct Polling Place Location Combined Precinct 1 West St. Paul: W-1 P-1; W-2 P-1; W-3 P-1 Heritage Middle School 121 W. Butler Avenue West St. Paul, MN 55118 Combined Precinct 2 Inver Grove Heights – Precincts 1 & 10; Sunfish Lake; West St. Paul: W-1 P-2; W-2 P-2; W-3 P-2 St. Stephen’s Lutheran Church 1575 Charlton Street West St. Paul, MN 55118 Combined Precinct 3 Lilydale; Mendota Heights – Precincts 1, 2 &3 Henry Sibley High School 1897 Delaware Avenue Mendota Heights, MN 55118 Combined Precinct 4 Mendota City; Mendota Heights – Precincts 4 & 5 Friendly Hills Middle School 701 Mendota Heights Road Mendota Heights, MN 55120 Combined Precinct 5 Eagan – Precincts 1, 2, 3, 4, 5A & 6A Pilot Knob Elementary School 1436 Lone Oak Road Eagan, MN 55122 Any eligible voter residing in the school district may vote at said election at the combined polling place designated above for the precinct in which he or she resides. The polls for said election will be opened at 7:00 o'clock a.m. and will close at 8:00 o'clock p.m. on the date of said election. A voter must be registered to vote to be eligible to vote in this election. An unregistered individual may register to vote at their polling place on Election Day. BY OF THE SCHOOL BOARD on December 4, 2017 Independent School District No. 197 (West St. Paul-Mendota Heights-Eagan Area Schools) State of Minnesota 

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

____

Public Notices

Continued on Page 10

the building into smaller identifiable sections. Blank, uninterrupted walls that do not include windows, entries, recesses or projections, or other architectural elements, shall not exceed twenty-five (25) feet in length. Subject to paragraph (3) below, glass, stucco applied on site, architecturally treated concrete, cast in place or precast panels, or decorative block will be acceptable as the major exterior wall surface when they are incorporated into the overall design that is compatible with the standards for the district in which it is located. Wood and metal may be used as accent materials, provided that they are appropriately integrated into the overall building design and not situated in areas that will be subject to damages associated with heavy use. 

(3) Under no circumstances shall sheet metal aluminum, corrugated aluminum, corrugated fiber glass, asbestos, iron, plain, or painted concrete block, or provided pre-fabricated stucco panels – sometimes called exterior insulated finish system (EIFS) – or similar, be deemed acceptable as major exterior wall materials on buildings within the B-1 District. 

(4) Subsequent additions and other buildings or structures constructed after the erection of the original building or structure shall be constructed of materials comparable in quality and appearance to those used in the original constructions and shall be designed in a manner conforming with the original architectural design and general appearance as long as such materials do not consist of materials listed in subparagraph (3) above. 

(5) All trash and trash handling equipment shall be stored within the principal structure, within an attached structure accessible from within the principal structure, or totally screened from eye level view from public streets and adjacent residential properties. If accessory structures are proposed, they shall be constructed of the same building material as the principal structure and shall be enclosed by a roof and readily served through swinging doors. 

(6) Design and maintenance of off-street parking areas shall be in accordance with Subdivisions 13 and 14 of this ordinance. 

(7) Garages, accessory structures, screen walls and exposed areas of retaining walls shall be of a similar type, quality and appearance as the principal structure. 

(8) The ground level view of all mechanical utilities shall be completely screened from contiguous properties and adjacent streets, or designed to be compatible with the architectural treatment of the principal structure. 

(9) There shall be no outdoor storage of either materials or products, except through the issuance of a Conditional Use Permit. 

(10) External loading and service areas must be completely screened from the ground level view from contiguous residential or commercial properties and adjacent streets, except at access points. 

(11) Wherever the General Business District abuts, or is across the street from a Residential District, a fence or compact evergreen hedge, not less than 75 percent opaque, nor less than six feet in height, except adjacent to a street where it shall be not less than three feet or more than four feet in height shall be erected and maintained. 

(12) All structures shall be architecturally and functionally compatible with other structures in the area. 

(13) The light from vehicular headlights and similar sources shall be screened so that it will not be directed onto adjacent residential windows. 

(14) Principal entrances shall be clearly defined and emphasized through the use of architectural features such as roofs, overhangs, awnings, or other details that express the importance of the entrance. Multiple entrances shall be encouraged. Thirty (30) percent of the walls on the first floor and ten (10) percent of the walls on each floor above the first that face a public street, public sidewalk, public pathway, or on-site parking lot, shall be as follows: 

a. Windows shall be vertical in proportion. 

b. Windows shall be distributed in a more or less even manner. 

c. The bottom of any window used to satisfy the ground floor window requirement may not be more than four (4) feet above the adjacent grand. 

d. First floor or ground floor windows shall have clear or lightly tinted glass with a visible light transmittance ratio of six-tenths (0.6) or higher. 

e. First floor or ground floor windows shall allow views into and out of the building at eye level. Shelving, mechanical equipment or other similar fixtures shall not block views into and out of the building in the area between four (4) and seven (7) feet above the adjacent grade. However, window area in excess of the minimum required area shall not be required to allow views into and out of the building. 

f. In multiple tenant buildings, each individual ground level tenant space that faces a public street, public sidewalk, public pathway, or on-site parking lot shall comply with the minimum window requirements of this section. 

g. Minimum window area at the first floor or ground level shall be measured between two (2) and ten (10) feet above the adjacent grade. Minimum window area on walls above the first floor shall be measured between the upper surface of a floor and the upper surface of the floor above. 

Subd. 8. Landscaping Requirements. Minimum landscape requirements include: 

(1) At least 25 percent of the land area shall be landscaped with grass, approved ground cover, shrubbery or trees. At least five percent of the land areas within a parking area shall be landscaped. Overall composition and location of landscaped areas shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected areas. Not less than twenty (20) percent of the site not occupied by buildings including all required landscaped years shall be landscaped with the following: 

A. One overstory tree per 3,000 square feet of open area. 

B. One ornamental tree per 1,500 square feet of open area. 

C. One evergreen tree per 3,000 square feet of open area. 

D. One deciduous or evergreen shrub per 1,000 square feet of open area. 

(2) The following minimum sizes shall be required at the time of planting: 

A. Overstory Deciduous Trees: 2-112 inches in diameter 

B. Ornamental Trees: 1-112 inches in diameter 

C. Coniferous Trees: 6 feet tall 

D. Major shrub plantings: 5 gallon 

(3) Existing trees shall be preserved wherever it is practicable to incorporate them into the site plan. 

(4) All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. 

(5) All site areas not covered by buildings, sidewalks, parking lots, driveways, patios, or similar hard surface materials shall be sodded except those areas to be preserved in a natural state, provided, however, that areas reserved for future building expansion may be seeded. 

(6) Not more than 50 percent of the required number of trees shall be composed of one species. 

No required tree shall be any of the following: 

A. A species of the genus Ulmas; 

B. Box Elder; 

C. A species of the genus Populous (Poplar); D. Female gingko. 

(7) In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development except additions to existing structures that do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas except areas to be preserved in the natural state. All such sprinkler systems shall be constructed with water conservation devices. 

(8) The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover that are required by an approved site or landscape plan and which have died shall be replaced as soon as seasonal or weather conditions allow. 

Subd. 14. Design and Maintenance of Off-Street Parking Areas. 

(1) Access and Location. Parking areas shall be designed so as to provide an adequate means of access to a public alley or street. Driveway access shall be designed so as to provide an adequate means of access to a public alley or street. Driveway access shall not be more than 24 feet in width at the property line in residential districts and no more than 30 feet in width at the property line in all other districts, and shall be so located as to cause the least interference with traffic movement. 

(2) Calculating Space. If the formula for determining the number of required off-street parking spaces results in a fraction, each fraction of a space more shall constitute another space. 

(3) Signs located in any parking area necessary for orderly operation of traffic movement shall not be included as a part of the permitted advertising space. 

(4) Surfacing. All of the area intended to be utilized for parking space and driveways shall be surfaced with a hard all-weather durable material and shall be subject to the approval of the City Council except for parking areas of less than 3 vehicles. 

(5) Lighting. The lighting shall be accomplished in such a manner as to have no direct source of light visible from the public right-of-way or adjacent land in an Residential District. 

(6) Curbing and Landscaping. All open off-street parking areas designed to have head-in parking along the interior property line shall provide a bumper curb or guard of normal bumper height to insure that no part of any car will project beyond the required setbacks as established in this Ordinance. When such area is for 6 spaces or more and not located to the rear of a building, a curb or fence not over 3 feet in height shall be created at the required parking setback line and grass or planting shall occupy the space between the property line and said curb or fence. 

(7) Parking Space Abutting Residential Districts. When a required off-street parking space for 6 or more vehicles is located abutting a Residential District, a fence as determined by the City Council to be of adequate design, not over 6 feet in height nor less than 3/4 feet shall be erected along the required parking setback line except such fence shall not be located within the required front yard. Said fence shall be not less than 75 percent opaque. 

(8) Maintenance of Off-Street Parking Space. The operator of the principal use, uses or structures shall maintain in a neat and adequate manner the parking space, access ways, landscaping and required curbs and fences. 

(9) The following shall apply to all new development and redevelopment of parking lots for expansions creating 5,000 square feet or more of impervious surface or disturbance of one-half acre or more of land. 

A. Parking lot screening must be provided within ten (10) feet of the perimeter of the parking lot to be screened, except for parking lots adjacent to rain gardens/bioretention systems, other landscape features, or where the traffic sight visibility may be impacted. 

B. Parking lot screening shall be a minimum of three (3) feet and a maximum of four (4) feet in height as measured from the adjacent finished surface of the parking area. When shrubs are used to provide the screen, such shrubs must be at least two (2) feet tall at planting and anticipated to grow to at least three (3) feet tall at maturity. 

(10) Off-street parking areas with at least twenty-five (25) parking stalls shall contain interior landscaped islands. Such islands shall be bounded by a raised concrete curb or approved equivalent and shall contain mulch (wood, bark, or decorative rock) or turf grass to retain soil moisture. This provision shall not apply to parking structures. The standards for landscape islands are as follows: 

A. Landscape parking lot islands shall be required at the beginning and end of each parking row and shall contain a minimum of 180 square feet and a minimum width of nine (9) feet. 

B. A minimum of one overstory tree shall be provided for each island. This provision may be waived for islands utilized for stormwater management or other utility or safety issues as determined by the City Engineer. 

C. Shrubs, perennials or ornamental grass shall be incorporated in each landscaped island. 

Subd. 15. Walls and Fences 

(1) All walls and fences erected within designated buffer yards shall meet the following conditions: 

A. A screening fence or wall shall be constructed of attractive, permanent finished materials compatible with those used in construction of the permanent structure. Such screens shall be at least six (6) feet and 100% visual obstruction of the item(s) to be screened pursuant to requirements of this title. 

B. Fences may be exposed no more than a maximum length of 20 feet between landscaping areas or clusters. 

C. For interior lots, a gate constructed of the same material as the fence shall be provided in the wall or fence to allow for maintenance of the street side boulevard. 

D. Fences and landscaping shall not be located within the traffic sight visibility triangle. 

Subd. 16. Lighting 

(1) No lighting shall create light or glare in such an amount or to such a degree or intensity as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance. 

(2) Specific standards. Lighting shall comply with the following standards except as otherwise provided in this section: 

A. Lighting fixtures shall be effectively arranged so as not to directly or indirectly cause illumination or glare in excess of one-half footcandle measured at the closest property line of any permitted or conditional residential use, and five footcandles measured at the street curb line or nonresidential property line nearest the light source. 

B. Lighting fixtures shall not exceed 2,000 lumens (equivalent to a 150-watt incandescent bulb) unless of a cutoff type that shields the light source from an observer at the closest property line of any permitted or conditional residential use. 

C. Lighting shall not create a sensation of brightness that is substantially greater than ambient lighting conditions as to cause annoyance, discomfort or decreased visual performance or visibility to a person of normal sensitivities when viewed from any permitted or conditional residential use.

D. Lighting shall not create a hazard for vehicular or pedestrian traffic. 

That Section 904.07 Planning Unit District shall be amended by adding a new Subd. 2 Applicability as follows: 

Subd. 2. Applicability. 

(1) PUD zoning within any district may be considered by the Planning Commission and the City Council when it would result in one of the following public benefits: 

i. Flexibility in land development to benefit from new technology in building design and construction and land development. 

ii. Variety in the organization of site elements, building densities, land use and housing types. 

iii. Higher standards of site and building design through the use of trained and experienced land planners, registered architects, or landscape architects to prepare plans for all planned unit developments. 

iv. Preservation and enhancement of desirable site characteristics, natural resources and open space. 

v. More efficient and effective use of land, open space, and public facilities. Other public benefits as recognized by the city. 

(2) Setbacks between structures and to adjacent properties within a PUD district may vary from those allowed in the underlying zoning district provided the City Council finds that the overall development is a unified whole and will be compatible with surrounding uses. 

(3) The uses allowed within a PUD district shall only be those permitted, conditional or accessory uses in the underlying zoning district, unless the City Council finds that there are significant public benefits to be gained from allowing other uses, and that such additional uses or mix of uses can be made compatible with surrounding land uses. 

(4) The density or intensity of use allowed within a PUD district shall not exceed that allowed within the underlying zoning district, unless the City Council finds there are significant public benefits to be gained from allowing greater density or intensity. 

That Section 904.07 Planning Unit District shall be amended by consecutively renumbering existing Subd. 2 through Subd. 15 as Subd. 3 through Subd. 16. 

Ayes: 5 

Nays: 0 

Passed by the City Council of the City of Lilydale, Minnesota this 9th day of April, 2018. 

This ordinance shall take effect and be in force from and after its publication in the official newspaper of the City of Lilydale. 

Warren Peterson, Mayor 

ATTEST: 

Mary Schultz, City Administrator

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

____

CERTIFICATE OF

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

ASSUMED NAME: Minnesota Masonry Heat 

PrincipalPlaceofBusiness: 219 Dessa Ln, South St. Paul MN 55075 

NAMEHOLDERS: Solid Restoration & Masonry, Inc., 219 Dessa Ln, South St. Paul MN 55075 

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: 10/01/2015

/s/ Patrick Sieben

(South-West Review: Apr. 22, 29, 2018)

____

NOTICE OF PUBLIC HEARING

ON A PROPOSAL TO SELL AND CONVEY PROPERTY 

NOTICE IS HEREBY GIVEN that a public hearing will be held at 7:15 p.m. on Monday, May 7, 2018, by the Housing & Redevelopment Authority of the City of South St. Paul (hereinafter called “HRA”) in the City Council Chambers of the Municipal Building, 125 Third Avenue North, South St. Paul, Minnesota, regarding the sale of property owned by the HRA and legally described as: 

Parcel No. 11 as shown on that certain South St. Paul Right of Way Map No. 1 recorded September 11, 1991, as Document No. 1004890, in the office of the County Recorder for Dakota County, Minnesota. 

The HRA will consider the sale and conveyance of the property to Advent Farwell, LLC. At the hearing, the HRA board will meet to decide if the conveyance is advisable and, if so, approve terms of the proposed sale and conveyance. Any person desiring to speak on this item may appear at the public hearing and present their views orally or in writing. For more information concerning the disposition of this property, including the terms of the proposed sale and conveyance, contact Ryan Garcia at City Hall, 651-554-3278 during regular business hours.

Housing and Redevelopment Authority

of the City of South St. Paul

Stephen P. King

Interim Executive Director

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

____

NOTICE OF PUBLIC HEARING AND NOTICE OF INFORMATION ON A PROPOSAL TO DISPOSE OF PROJECT REAL PROPERTY 

NOTICE IS GIVEN, that the Economic Development Authority of South St. Paul, Minnesota (hereinafter called “EDA”) with offices in the City Hall of South St. Paul, County of Dakota, State of Minnesota and office hours from 8:00 a.m. until 4:30 p.m. in connection with its Rediscover South St. Paul Program, proposes to dispose of Project Real Property to Hans Heggernes (hereinafter called “Redeveloper”). That the EDA will enter into an agreement for the disposition of Project Real Property generally described as follows: 

150 – 3rd Avenue South 

Lot 18, Block 12, Hepburn Park Addition to the City of St. Paul, Dakota County, Minnesota and that part of Lot 17, said Block 12, lying northerly of the following described line: Commencing at the southwest corner of Lot 16, said Block 12; thence on an assumed bearing of North 0 degrees 0 minutes 10 seconds East, along the west line of said Lots 16 and 17, a distance of 59.27 feet to the point of beginning of the line to be described; thence North 89 degrees 24 minutes 13 seconds East to the east line of said Lot 17 and said line there terminating. 

That the EDA proposes to consider the disposition of Project Real Property to the Redeveloper on or after May 7, 2018. The Development Agreement will be available for public examination at the office of the Authority during its regular office hours. 

That the EDA shall hold a public hearing at 6:30 p.m. on Monday, May 7, 2018 in the Council Chambers of the South St. Paul City Hall located at 125 Third Avenue North, South St. Paul, Minnesota. The purpose of the hearing is to consider the proposal of the EDA to dispose of Project Real Property to the Redeveloper. That the Development Agreement will also be available for public examination at the hearing. The hearing is open to the public and any person present shall have the opportunity to be heard on the questions of the proposed disposition.

Economic Development Authority

of South St. Paul

Ryan Garcia

Executive Director

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

____

CITY OF SOUTH ST. PAUL

NOTICE OF PUBLIC HEARING 

TO WHOM IT MAY CONCERN: 

Notice is hereby given that the South St. Paul Planning Commission will hold a Public Hearing on Wednesday, May 2, 2018 at 7:00 P.M. or as soon thereafter as the matter can be heard in the City Council Chambers of City Hall, 125 Third Avenue North, South St. Paul to consider the following: 

1) An application by Mobilitie, LLC, 120 S. Riverside Plaza, Suite 1800, Chicago, Il, 60606 for a small wireless facility located in the Right of Way in a R-2: Single and Two Family Residential zoning. The proposed site is located at 558 East Annapolis Street and is located in the Annapolis Street right of way in front of some single family homes. The new small wireless facility with the addition of the antenna would increase the height of the utility pole from 35 feet to 42 feet and would include some appurtenant wireless equipment which would be attached to a few locations on the utility pole. The property is generally located south of Annapolis Street, west of Concord Street, north of Bircher Avenue and east of Stickney Avenue. 

The Planning Commission will hold a work session directly following the regular meeting to review and discuss sections from the Comprehensive Plan for the 2018 Comprehensive Plan Update. 

(Legal descriptions available from the City Planner’s office). 

All those interested are encouraged to attend and will be given an opportunity to be heard, or contact City Hall at (651) 554-3217, for further information. If you need any type of accommodation to participate in the meeting, please contact City Hall at least five business days prior to the meeting. 

Peter Hellegers 

City Planner

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

____

Minutes

IndependentSchoolDistrict197

westSt. Paul/MendotaHeights/eagan

Monday, April 16, 2018

schoolboardmeetingandworksession

A school board meeting and work session were held at 5:00 p.m. on Monday, April 16, 2018 at Henry Sibley High School, Room A-241, 1897 Delaware Avenue, Mendota Heights, MN. The following board members were present: John Chandler, Stephanie Levine, Joanne Mansur, Maureen Ramirez, Byron Schwab and Terry Stamman. Board member Brenda Corbett was absent. Superintendent Peter Olson-Skog was present. Student Representative Rahel Mekonnen was absent. 

Motions carried to approve the agenda and consent agenda. The consent agenda included the minutes from the April 2, 2018 meeting; personnel recommendations; review of policies 415 and 802; Henry Sibley High School field trip; and appointment of new members to TriDistrict Community Education Advisory Council. 

A motion carried to approve the resolution related to recommendations from the American Indian Parent Advisory Committee. 

A motion carried to approve the Fiscal Year 2018-2019 health and dental insurance. 

A motion carried to approve recommended changes to Policy 418, Drug Free Workplace/Drug Free School. 

A first reading of Policy 801, Equal Access to School Facilities, was presented. 

A first reading of Policy 806, Crisis Management, was presented. 

A work session followed. An update was provided on the math curriculum. 

The meeting adjourned at 6:56 p.m. 

The next regularly scheduled School Board meeting of Independent School District 197 is scheduled for Monday, May 7, 2018 at 6:00 p.m. at the Mendota Heights Council Chambers, 1101 Victoria Curve, Mendota Heights, MN.

This is a summary of the meeting for publication purposes. The full text and meeting materials are available for public inspection at the administrative offices of the school district or at www.isd197.org.

____

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: Hmong Village #202 

2. Principal Place of Business: 1001 Johnson Pkwy, St. Paul MN 55106 

3. List the name and complete street address of all persons conducting business under the above Assumed Name: Rosalie T. Yang, 1716 Leone Ave., St. Paul MN 55106 

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: 4/6/18

/s/ Rosalie T Yang

(East Side Review: Apr. 22, 29, 2018)

____

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