HomeMy WebLinkAboutCC PACKET 10112016
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I. Approval of the October 11, 2016, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in which the item will be
removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of September 27, 2016, City Council meeting minutes. (pp.1-5)
B. Licenses and Permits. (pp.7)
C. Claims. (pp.9-11)
D. Resolution 16-071 a resolution Accepting Donations and Grants Received in the 3rd Quarter of
2016. (pp.13)
E. Resolution 16-072 a resolution Certifying Special Assessments for Delinquent Public Utility
Service Accounts to the 2017 Hennepin County Tax Rolls. (pp.15-17)
F. Resolution 16-073 a resolution Certifying Special Assessments for Delinquent Public Utility
Service Accounts to the 2017 Ramsey County Tax Rolls. (pp.19-21)
IV. Public Hearing.
A. Continuation of Lowry Grove Manufactured Home Park Closure Public Hearing Continued from
September 8, 2016. (pp.23-73)
1. Review Closure Statement
2. Review and Evaluate Impacts of Planned Closure
3. Inform Lowry Grove Residents of Relocation Compensation from the Minnesota
Manufactured Home Relocation Fund
4. Neutral Third Party Determination
5. Public Comments
6. Conclusion of Public Hearing
B. Resolution 16-063 Appointment of Neutral Third Party
V. Reports from Commission and Staff.
VI. General Business of Council.
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
OCTOBER 11, 2016
7:00 p.m.
HRA meeting immediately after
council meeting
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
A. Resolution 16-074 a resolution Accepting and Approving the Grant Agreement Between the City
of St. Anthony Village and the Metropolitan Council of Environmental Services for the
Improvement of Publically Owned Infrastructure. Mark Casey, City Manager presenting. (pp.75-
80)
B. Resolution 16-075 a resolution Certifying Special Assessment for Delinquent Waste Hauler
Accounts to the 2017 Hennepin County Tax Rolls. Mark Casey, City Manager presenting.
(pp.81-83)
C. Resolution 16-076 a resolution Certifying Special Assessment for Delinquent Waste Hauler
Accounts to the 2017 Ramsey County Tax Rolls. Mark Casey, City Manager presenting. (pp.85-
87)
VII. Reports from City Manager and Council members.
VIII. Community Forum
Individuals may address the City Council about any item not included on the regular agenda. Speakers
are requested to come to the podium, sign their name and address on the form at the podium, state
their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the
City Council will not take official action on items discussed at this time, but may typically refer the
matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements
X. Adjournment.
CITY OF ST. ANTHONY 1
CITY COUNCIL REGULAR MEETING MINUTES 2
SEPTEMBER 27, 2016 3
4
CALL TO ORDER. 5
6
Mayor Faust called the meeting to order at 7:00 p.m. 7
8
PLEDGE OF ALLEGIANCE. 9
10
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11
12
Present: Mayor Faust Councilmembers Brever, Gray, Jenson, and Stille 13
Absent: None 14
Also Present: Assistant to the City Manager Charlie Yunker, Fire Chief Mark Sitarz, Fire 15
Department Captain Chris Fuller, and Firefighter Mattie Jaros 16
17
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 18
ITEMS. 19
20
I. APPROVAL OF THE SEPTEMBER 27, 2016, CITY COUNCIL MEETING AGENDA. 21
22
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 23
Council Meeting Agenda of September 27, 2016. 24
25
Motion carried 5-0. 26
27
II. PROCLAMATIONS AND RECOGNITIONS – NONE 28
29
III. CONSENT AGENDA. 30
31
A. Approval of September 13, 2016, City Council meeting minutes 32
B. Approval of September 8, 2016, Special City Council meeting minutes 33
C. Licenses and Permits 34
D. Claims 35
E. Resolution 16-068 a Resolution Authorizing the Mayor and City Manager to Execute the 36
Agreement between Hennepin County and the City of St. Anthony for Road Maintenance 37
Services 38
39
Motion by Councilmember Jenson, seconded by Councilmember Brever, to approve the Consent 40
Agenda items as presented. 41
42
Motion carried 5-0. 43
44
IV. PUBLIC HEARING - NONE 45
46
V. REPORTS FROM COMMISSION AND STAFF - NONE 47
48
VI. GENERAL BUSINESS OF COUNCIL 49
50
1
A. Fire Prevention Presentation 1
2
Captain Chris Fuller and Firefighter Mattie Jaros gave a fire prevention presentation containing 3
Updates, Home Safety Surveys, File of Life Program, and announced the Fire Department Open 4
House will be held Saturday, October 8, 2016 from 1:00 – 4:00 p.m. Any residents interested in 5
either a Home Safety Survey or File of Life should contact the St. Anthony Fire Station. 6
7
Councilmember Stille asked the life span of a CO alarm and Captain Fuller stated 7-10 years. 8
9
Councilmember Jenson asked about the sprinkler requirement. Captain Fuller explained it is a 10
State requirement for new construction. This does not include single-family residential in St. 11
Anthony. 12
13
Mayor Faust asked Firefighter Jaros if Ramsey County EOC will be at the Open House. Ms. 14
Jaros stated they will be present. Mayor Faust noted other public works vehicles will also be at 15
the Open House. 16
17
B. Resolution 16-069 a Resolution Authorizing the Mutual Aid Agreement to Provide for 18
the Automatic Dispatch of the Closest Emergency Response Unit Regardless of 19
Jurisdictional Boundaries 20
21
Fire Chief Mark Sitarz reviewed a new Mutual Aid Agreement for Closest Unit Dispatching is 22
before Council this evening for consideration. This is the same setup as the “auto-aid” 23
agreements with Columbia Heights and Fridley. Closest Unit Dispatching will automatically 24
dispatch St. Anthony Fire to a confirmed structure fire in a pre-established area of New Brighton. 25
This area covers the southwestern most portion of the City of New Brighton. There would be no 26
additional cost for the City and this agreement would not replace any existing Mutual Aid 27
Agreements. The other agencies participating in this agreement are: St. Paul, Roseville, Little 28
Canada, Maplewood, Falcon Heights, North St. Paul, New Brighton, White Bear Lake, and Lake 29
Johanna Fire Departments. 30
31
Councilmember Stille asked Chief Sitarz if this only covers a portion of New Brighton. Chief 32
Sitarz stated a map has been created of the agreed upon area, noting resources from many cities 33
were called in to help. 34
35
Mayor Faust stated this is no different than any mutual aid with another city. Mayor Faust asked 36
about mutual aid when the bridge collapsed. Chief Sitarz explained details of that call. 37
38
Motion by Councilmember Brever, seconded by Councilmember Gray, to approve Resolution 39
16-069 a Resolution Authorizing Mutual Aid Agreement for the Automatic Dispatch of the 40
Closest Emergency Response Unit Regardless of Jurisdictional Boundaries. 41
42
Motion carried 5-0 43
44
C. Resolution 16-070 a Resolution for the Establishment of a Workgroup to Make 45
Recommendations for Police Department Policies on Officer Worn Body Cameras 46
47
2
Mayor Faust reviewed that Resolution 16-070 would establish a Workgroup to make 1
recommendations for Police Department policies on officer worn body cameras. It was noted that 2
guidelines were sent from the State on August 1, 2016, the Workgroup will be selected, and 3
Councilmember Gray will represent St. Anthony. Councilmember Gray read the entire 4
resolution. 5
6
Motion by Councilmember Gray, seconded by Councilmember Stille, to approve Resolution 16-7
070 a Resolution for the Establishment of a Workgroup to Make Recommendations for Police 8
Department Policies on Officer Worn Body Cameras. 9
10
Motion carried 5-0 11
12
D. Proposed Planning Work Group for an Initiative on Institutional Racial Bias in Policing 13
14
Mayor Faust summarized at the September 13, 2016, St. Anthony Village City Council meeting, 15
he and the three Councilmembers present indicated support for examining institutional racial bias 16
in the policing practices of the St. Anthony Police Department, as the response to the agenda 17
item proposal led by Ms. Kristine Lizdas. At that meeting, the St. Anthony Villagers for 18
Community Action (SAVCA) recommended the immediate formation of a planning group to 19
flesh out the details of a larger City/community initiative to investigate institutional racial bias in 20
policing. Mayor Faust reviewed the proposal for this planning group including a Summary of 21
Preliminary Planning, Summary of the Work of the Planning Group, Members of the Planning 22
Group, and Timeline. 23
24
Mayor Faust noted the initial Planning Group will include Police Chief Jon Mangseth, Mayor 25
Jerry Faust, City Manager Mark Casey, St. Anthony resident Kristine Lizdas, St. Anthony 26
resident Jenifer McGuire, St. Anthony resident Nancy Robinett, community activist Curtis Avent 27
from Justice Occupation for Philando, community activist John Thompson (a friend of Philando 28
Castile), one representative from Falcon Heights (to be named), and one representative from 29
Lauderdale (to be named). Other members or advisors to the Planning Group may be added by 30
the Planning Group for reasons of need and outreach. Mayor Faust asked for a Councilmember 31
volunteer for this group and Councilmember Jenson volunteered and will be part of the Planning 32
Group. 33
34
Mayor Faust reviewed there is urgency to this process because of the urgency associated with the 35
tension, sadness, and publicity surrounding the death of Philando Castile. The Planning Group 36
agrees to communicate regularly among itself via in-person, small group, and remote 37
communications, and to meet in-person at least twice over the first month, with the goal of 38
producing a formal proposal for the City Council and St. Anthony Police Department on 39
conducting an institutional assessment of racial bias in policing by the October 25, 2016 City 40
Council meeting. The Planning Group understands that it will work cooperatively and that each 41
member will use its best efforts in this proposal development. 42
43
Ms. Nancy Robinett and Ms. Kristine Lizdas were present at the meeting. Ms. Robinett stated the 44
proposal is submitted from the SAVCA. They expressed appreciation the City is moving forward 45
with the proposal. Ms. Lizdas asked Council if they have any questions at this time or will they 46
be discussed at the Planning Committee meeting. They spoke with Chief Mangseth and he 47
expressed interest in being part of the Planning Committee. 48
3
1
Mayor Faust asked Ms. Lizdas and Ms. Robinett to email the City Manager some dates for the 2
possible first meeting. Ms. Lizdas asked if those listed in the proposal will be the members of 3
the group. Mayor Faust stated those listed can be included in the beginning of the process. Ms. 4
Lizdas asked if the Planning Group meets and can shape a work plan, would the next step be 5
brought to Council in the form of a resolution. Mayor Faust stated no commitment can be made 6
at this time until the first steps are taken. 7
8
Mr. Jacob Thomas, Minneapolis, volunteered to be the facilitator for the group as he believes it 9
takes a person of color to facilitate racial bias training. The issue of who the facilitator will be, 10
needs to be addressed. 11
12
Mr. Michael Bird, 3416 Edwards Street, St. Anthony questioned the need for this group because 13
he does not think one incident by the St. Anthony Police Department shows bias. He asked who 14
will cover the cost for this group. Mr. Bird stated taxes in St. Anthony are the highest in the 15
State. He asked who will make up the Work Group and how do we know the members are not 16
biased. Mayor Faust noted these are not paid positions for members of the Work Group. 17
18
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS 19
20
Mr. Yunker, Assistant to the City Manager, noted last Thursday to Friday the annual board 21
retreat was held by the LMC (854 cities). At that retreat, Mark Casey became a Board member. 22
Racial equity was a major topic of discussion. Mr. Yunker stated all St. Anthony staff will be 23
attending Racial Bias Training in the next couple of weeks. 24
25
Mayor Faust noted the number of hours the LMC is spending on this topic is huge. The Police 26
Department was the first group to sign up for the Racial Bias Training and all City 27
Commissioners and Councilmembers will also attend the training. He noted the groundwork is 28
being set to move this forward. 29
30
Councilmember Stille stated on September 26, the Steering Committee for the Comprehensive 31
Plan met to discuss specifics on the sustainability component of the Comprehensive Plan. 32
33
Councilmember Gray stated on September 15 he attended the North Suburban Communications 34
Commission Strategic Planning Committee meeting. 35
36
Councilmember Brever stated she attended the Comprehensive Plan Work Session on September 37
26. On September 20, the St. Anthony Family Collaborative Services Group discussed racial 38
equity. Last week she attended A Good Time for Truth readings at the library in Minneapolis and 39
benefited from having the authors read their own works. On September 25, she attended the 40
Sister City Meeting and on November 5, 2017 the Sister City group will have a concert. 41
42
Councilmember Jenson stated on September 19 and September 21 he attended the Kiwanis 43
Meetings. On September 19 and September 22 he attended the LMC Policy Committee 44
meetings. A discussion on policing was held. He attended the Minneapolis Library session along 45
with Councilmember Brever. On September 26, he attended the St. Anthony Fire Department 46
Pension Fund Association meeting. 47
48
4
Mayor Faust stated December 10, Canadian Pacific Railroad will bring their Holiday Train to St. 1
Anthony among other cities. More information will be forthcoming. 2
3
VIII. COMMUNITY FORUM 4
5
Ms. Luann Zappa, 2501 Lowry Avenue, stated the case was lost last week and another case is 6
being filed citing discrimination with the Housing and Urban Development League. An appeal 7
is being worked on. Mayor Faust stated the public hearing will be reconvened on October 11, 8
2016. 9
10
An unidentified gentleman complimented the Council on the movement he has seen on the 11
racial bias issue, stating many steps are being taken to address issues. 12
13
IX. INFORMATION AND ANNOUNCEMENTS 14
15
X. ADJOURNMENT 16
17
Mayor Faust adjourned the meeting at 7:55 p.m. 18
19
20
Respectfully submitted, 21
Debbie Wolfe 22
TimeSaver Off Site Secretarial, Inc. 23
24
25
_ _ 26
ATTEST: ________________________________ Mayor 27
City Clerk 28
29
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Saint Anthony Village
DATE: October 11, 2016 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors Licenses:
Gridor Construction, Buffalo, MN
The F.A. Bartlett Tree Expert, Plymouth, MN
Trinity Landscaping & Excavating, Clear Lake, MN
Mechanical Licenses:
Bonfe Plumbing, Heating & Air Service, St Paul, MN
KB Mechanical, Mounds View, MN
Knott Mechanical, New Hope, MN
Larson Plumbing, Andover, MN
Minneapolis St Paul Plumbing, Heating & Air, St Paul, MN
Northern Air, Vadnais Heights, MN
SR Mechanical, St Louis Park, MN
Superior Heating Air & Electric, Anoka, MN
The Snelling, St Paul, MN
Motor Vehicle Licenses:
Applicant: Twin Cities Transport & Recovery
Location: 3201 Stinson Blvd NE
Rental Licenses:
Applicant: Apache Manor
Location: 3817 Macalaster Dr NE
Applicant: Roosevelt Properties
Location: 3640 – 3642 Roosevelt St NE
Parks Special Event Beer Permit:
Date: October 30, 2016
Location: Emerald Park
Applicant: Claydesta Harris
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8
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 9/23/2016 - 10/12/2016 Oct 05, 2016 01:57PM
Vendor Number Payee Check Number Check Issue Date Amount
10176 BLUE CROSS BLUE SHIELD 30404 09/23/2016 63,182.50
11798 CENTRAL PENSION FUND LOCAL #49 30405 09/23/2016 2,534.40
11809 CITY OF ST. ANTHONY SUNSHINE FUND 30406 09/30/2016 .00 V
10710 ICMA RETIREMENT TRUST 30407 09/23/2016 2,245.00
11813 NCPERS GROUP LIFE INSURANCE 30408 09/23/2016 80.00
11808 SAPD ASSOCIATION 30409 09/23/2016 582.00
12077 SUN LIFE FINANCIAL 30410 09/23/2016 853.30
12343 NEOFUNDS BY NEOPOST 30411 09/28/2016 700.00
11674 VERIZON WIRELESS 30412 09/28/2016 139.61
11484 STATE OF MINNESOTA 30413 09/30/2016 .00 V
11809 CITY OF ST. ANTHONY SUNSHINE FUND 30414 10/07/2016 187.50
10710 ICMA RETIREMENT TRUST 30415 10/07/2016 2,245.00
11792 INTERNATIONAL UNION LOCAL #49 30416 10/07/2016 374.00
11793 LAW ENFORCEMENT LABOR SERVICES 30417 10/07/2016 980.00
10002 LOCAL UNION IAFF #3486 30418 10/07/2016 336.72
10045 ALERT-ALL 30419 10/12/2016 695.00
10054 ALLIANCE MECHANICAL 30420 10/12/2016 1,789.00
10098 ARAMARK 30421 10/12/2016 179.66
1100 ARTISIAN BEER COMPANY 30422 10/12/2016 3,987.15
1101 BAUHAUS BREW LABS LLC 30423 10/12/2016 653.50
1013 BELLBOY CORPORATION 30424 10/12/2016 3,165.56
1014 BELLBOY CORPORATION 30425 10/12/2016 142.15
1007 BENT BREWSTILLERY 30426 10/12/2016 399.42
1035 BERNICK'S BEVERAGE & VENDING 30427 10/12/2016 1,365.94
11883 BIG RIVER GROUP LLC 30428 10/12/2016 1,650.00
8544 BOURGET IMPORTS 30429 10/12/2016 195.00
1018 BREAKTHRU BEVERAGE MN BEER 30430 10/12/2016 20,350.44
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 30431 10/12/2016 7,181.22
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 30432 10/12/2016 5,911.84
10197 BRIAN NELSON INSPECTION SVCS 30433 10/12/2016 613.50
1017 CAPITOL BEVERAGE SALES 30434 10/12/2016 13,443.99
10251 CDW COMPUTER CENTER, INC.30435 10/12/2016 135.44
10254 CENTRAL LOCK & SAFE CO 30436 10/12/2016 24.00
12150 CITY OF NEW BRIGHTON 30437 10/12/2016 10,711.86
10293 CITY OF ROSEVILLE 30438 10/12/2016 870.90
1010 CLEAR RIVER BEVERAGE COMPANY 30439 10/12/2016 875.60
10332 COMPTON'S COMMERCIAL CLNG. INC 30440 10/12/2016 3,578.00
10338 CONNELLY ELECTRONICS 30441 10/12/2016 1,570.58
10360 CROWN TROPHY 30442 10/12/2016 26.00
1042 CRYSTAL SPRINGS ICE 30443 10/12/2016 292.72
12380 CUSTOMIZED FIRE RESCUE TRAINING INC 30444 10/12/2016 900.00
10438 D ROCK CENTER & SMALL ENG 30445 10/12/2016 55.90
10375 DALCO 30446 10/12/2016 263.42
10402 DEPARTMENT OF LABOR & INDUSTRY 30447 10/12/2016 1,369.52
10411 DIAMOND VOGEL PAINTS 30448 10/12/2016 174.90
10417 DISCOUNT STEEL, INC.30449 10/12/2016 20.27
10437 DRIVER & VEHICLE SERVICES 30450 10/12/2016 20.00
10468 ELECTRO WATCHMAN INC 30451 10/12/2016 354.49
12019 ENFORCEMENT LIGHTING LLC 30452 10/12/2016 3,700.00
10508 FERGUSON WATERWORKS 30453 10/12/2016 247.51
8545 FLAT EARTH BREWING COMPANY 30454 10/12/2016 252.00
10526 FLEETPRIDE 30455 10/12/2016 13.92
10550 G & K SERVICES INC 30456 10/12/2016 639.37
9
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 9/23/2016 - 10/12/2016 Oct 05, 2016 01:57PM
Vendor Number Payee Check Number Check Issue Date Amount
1110 GENERAL INDUSTRIAL SUPPLY CO 30457 10/12/2016 59.85
11942 GLOCK PROFESSIONAL INC 30458 10/12/2016 250.00
12381 GOLTERMANN, CARL 30459 10/12/2016 233.42
10578 GOPHER STATE ONE CALL 30460 10/12/2016 328.60
1032 GRAPE BEGINNINGS, INC.30461 10/12/2016 569.25
1021 GREAT LAKES COCA COLA 30462 10/12/2016 854.20
10630 HD SUPPLY WATERWORKS 30463 10/12/2016 7,500.00
10636 HEDBACK, ARENDT & CARLSON PLLC 30464 10/12/2016 3,500.00
10661 HENNEPIN COUNTY TREASURER 30465 10/12/2016 443.69
1019 HOHENSTEIN'S, INC 30466 10/12/2016 3,189.10
10684 HOME DEPOT CREDIT SERVICES 30467 10/12/2016 94.95
1027 INDEED BREWING COMPANY 30468 10/12/2016 667.13
10719 INDELCO PLASTICS CORPORATION 30469 10/12/2016 214.83
11754 INTEGRATED LOSS CONTROL, INC.30470 10/12/2016 592.00
12105 INTERSTATE ALL BATTERY CENTER 30471 10/12/2016 90.00
12315 IRC RETAIL CENTERS SALO PARK 30472 10/12/2016 2,925.42
12313 IRC RETAIL CENTERS SLV LIQ 30473 10/12/2016 2,006.53
1016 JJ TAYLOR DISTRIBUTING 30474 10/12/2016 31,183.33
1102 JOHNSON BROTHERS 30475 10/12/2016 396.42
1004 JOHNSON BROTHERS LIQUOR CO.30476 10/12/2016 7,770.47
1005 JOHNSON BROTHERS LIQUOR COMPANY.30477 10/12/2016 3,901.36
1006 JOHNSON BROTHERS LIQUOR COMPANY.30478 10/12/2016 7,672.49
1044 JOHNSON BROTHERS LIQUOR COMPANY.30479 10/12/2016 6,689.96
10803 KUSSKE CONSTRUCTION LLC 30480 10/12/2016 5,975.00
10831 LEAGUE OF MINNESOTA CITIES 30481 10/12/2016 270.00
10861 LOFFLER COMPANIES - 131511 30482 10/12/2016 397.07
10867 LYNN PEAVEY CO.30483 10/12/2016 48.20
10879 MAILFINANCE 30484 10/12/2016 438.00
11985 MANSFIELD OIL COMPANY 30485 10/12/2016 1,901.31
10916 MENARDS LUMBER 30486 10/12/2016 3.97
10932 METROPOLITAN COUNCIL 30487 10/12/2016 2,460.15
10939 MIDWAY FORD 30488 10/12/2016 13.02
10940 MIDWEST ASPHALT CORPORATION 30489 10/12/2016 6.60
10963 MINNEAPOLIS SAW COMPANY INC 30490 10/12/2016 89.95
11064 MOTOROLA INC 30491 10/12/2016 570.00
11089 NAPA AUTO PARTS 30492 10/12/2016 14.49
1051 NEW FRANCE WINE COMPANY 30493 10/12/2016 702.00
12088 OFFICE 8 30494 10/12/2016 57.98
11163 OFFICE DEPOT 30495 10/12/2016 258.27
11174 O'MALLEY CONCRETE 30496 10/12/2016 1,126.40
12382 OMG NATIONAL 30497 10/12/2016 214.75
12383 OPTIV SECURITY INC 30498 10/12/2016 25,000.00
12112 OREILLY AUTO PARTS 30499 10/12/2016 51.78
11185 PACE ANALYTICAL SERVICES, INC.30500 10/12/2016 710.00
1012 PAUSTIS & SONS 30501 10/12/2016 5,105.36
1001 PHILLIPS WINE & SPIRITS 30502 10/12/2016 6,585.04
1002 PHILLIPS WINE & SPIRITS 30503 10/12/2016 2,595.10
11246 PRAXAIR 30504 10/12/2016 40.02
1062 RED BULL DISTRIBUTION COMPANY 30505 10/12/2016 176.50
1024 SOUTHERN GLAZER'S OF MN 30506 10/12/2016 2,158.02
1008 SOUTHERN GLAZER'S OF MN 30507 10/12/2016 481.30
1026 SOUTHERN GLAZER'S OF MN 30508 10/12/2016 9,504.21
11453 ST ANTHONY FIRE RELIEF ASSN 30509 10/12/2016 56,173.85
10
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 9/23/2016 - 10/12/2016 Oct 05, 2016 01:57PM
Vendor Number Payee Check Number Check Issue Date Amount
2001 STEEL TOE BREWING 30510 10/12/2016 712.00
11502 STREICHER'S 30511 10/12/2016 1,730.87
12375 SUSAN POWERS OLSON, PsyD, LP 30512 10/12/2016 530.00
11536 TASC 30513 10/12/2016 49.00
11617 TWIN TOWN IRRIGATION 30514 10/12/2016 286.18
11674 VERIZON WIRELESS 30515 10/12/2016 1,519.64
11681 VIKING ELECTRIC SUPPLY INC 30516 10/12/2016 34.00
1025 VINOCOPIA 30517 10/12/2016 2,058.58
11690 VOSS LIGHTING 30518 10/12/2016 17.35
12149 VUE, KA 30519 10/12/2016 50.54
11693 W. W. GOETSCH ASSOCIATES, INC.30520 10/12/2016 530.00
11704 WASTE MANAGEMENT OF WI-MN 30521 10/12/2016 389.81
1034 WINE COMPANY/THE 30522 10/12/2016 4,425.00
1038 WINE MERCHANTS INC 30523 10/12/2016 2,499.80
11729 WIRELESS WORLD 30524 10/12/2016 89.96
11750 ZEE MEDICAL SERVICE 30525 10/12/2016 107.85
Grand Totals: 381,551.72
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12
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-071
A RESOLUTION ACCEPTING GRANTS AND DONATIONS RECEIVED
WHEREAS, the City of St. Anthony is required to accept all grants and donations by resolution; and
WHEREAS, the City of St. Anthony has received the following grants and donations in the 3rd quarter
of 2016:
Bell Mortgage (donation to Fire Dept) 2,500.00
Ramsey County Hi Viz 3rd Quarter 8,966.76
Hennepin County Recycling Grant 10,384.00
Total $21,850.76
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village
hereby accepts the grants and donations as received in the 3rd quarter of 2016.
Adopted this 11th day of October, 2016.
_________________________________________
Jerome O. Faust, Mayor
ATTEST:___________________________
Nicole Miller, City Clerk
Review for Administration: _______________________________________
Mark Casey, City Manager
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-072
A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC
UTILITY SERVICE ACCOUNTS TO THE 2017 HENNEPIN COUNTY TAX ROLLS
WHEREAS, utility records for the City of St. Anthony identify certain delinquent charges and utility
accounts as of October 06, 2016; and
WHEREAS, the owners of record of the properties served by each delinquent account have been notified
of the delinquency according to the legal requirements of the ordinance 33.107; and
WHEREAS, the delinquent charges may be assessed under Minnesota Statutes §429.101 and 444.075 that
authorize certification of such delinquent charges to the County tax rolls for collection; and
WHEREAS, pursuant to proper notice duly given to the owners of record as required by law, the City has
met the requirements for the assessment of these delinquent public utility charges.
NOW, THEREFORE, BE IT RESOLVED that:
1) the special assessment of delinquent public utility accounts is hereby adopted and certified as
Levy No: 19446 for the attached properties and amounts:
2)The special assessments as adopted shall be payable with collectible ad valorem taxes in 2017,
with interest thereon at eight (8) percent per annum, and shall bear interest from the entire period of
November 1, 2016 through December 31, 2017.
3)The City Clerk shall transmit a certified copy of this assessment to the County Auditor to be
extended to the proper tax lists to the county, and such assessments shall be collected and paid over
the same manner as other municipal taxes.
Adopted this 11th day of October, 2016.
_________________________________
Jerome O. Faust, Mayor
ATTEST: ____________________________
Nicole Miller, City Clerk
Review for Administration: ________________________________
Mark Casey, City Manager
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HENNEPIN COUNTY
ACCT NUMBER NAME ADDRESS PID AMOUNT
1-0170-01-01 DOUG BRYAN 2808 PAHL AVE NE 07-029-23-21-0094 $169.59
1-0243-01-01 ROBERT JENSEN 2908 ROOSEVELT ST NE 06-029-23-33-0047 $268.30
1-0569-01-01 MARGUERITE SLONINE 2900 32ND AVE NE 06-029-23-31-0068 $138.10
1-0604-01-01 DEANNE DILLAN 2808 SILVER LAKE RD NE 07-029-23-21-0010 $316.23
1-0606-02-01 S. LANGSETH 2816 SILVER LAKE RD NE 07-029-23-21-0008 $1,421.98
1-0700-01-02 J. HANSON/K. WAXLER 3326 BELDEN DRIVE NE 06-029-23-24-0063 $507.52
1-0725-01-01 MARET OLSON 3312 EDWARD ST NE 06-029-23-23-0068 $345.20
1-0772-01-01 DAVID KAHLE 3632 ROOSEVELT ST NE 06-029-23-22-0089 $419.31
1-0830-01-04 THOMAS PECHMAN 2524 36TH AVE NE 06-029-23-22-0040 $157.25
1-0864-01-01 DENNIS & PENNY GAULT 2601 35TH AVE NE 06-029-23-21-0037 $155.92
1-0873-01-01 CHRISTOPHER NEBELUNG 2609 34TH AVE NE 06-029-23-24-0105 $434.57
1-1005-01-01 TED KAMINSKI 3633 BELDEN DRIVE NE 06-029-23-21-0044 $502.59
1-1031-01-02 JOSEPH & ROSALITIA MORANO 3432 SILVER LAKE RD NE 06-029-23-24-0001 $485.51
1-1082-01-01 PERRY PETERSEN 3212 29TH AVE NE 07-029-23-12-0005 $345.64
1-1189-02-02 NEW RESIDENT 3012 31ST AVE NE 06-029-23-43-0121 $145.28
1-1293-01-02 JOAN RANALLO 3205 HILLDALE AVE NE 06-029-23-42-0104 $1,063.72
1-1308-01-01 MICHAEL CALDWELL 3101 32ND AVE NE 06-029-23-42-0014 $324.15
1-1346-01-02 JEANNE & JESSE KIEMELE 3016 TOWNVIEW AVE NE 06-029-23-42-0066 $242.30
1-1359-02-01 JOAL MOSES 3308 TOWNVIEW AVE NE 06-029-23-42-0093 $488.77
1-1416-01-01 BARBARA WESTLUND 3213 RANKIN ROAD NE 06-029-23-41-0091 $398.66
1-1495-01-01 EUGENE HUNSTAD 3313 SKYCROFT CIRCLE NE 06-029-23-14-0078 $338.80
1-1634-01-03 MARIA MONTAGUE 3513 MAPLEWOOD DR NE 06-029-23-11-0087 $963.35
1-1735-01-02 NESS/MERRICK 3300 EDGEMERE AVE NE 06-029-23-12-0097 $392.15
1-2115-02-01 GLEN PETERSON 3004 31ST AVE NE 06-029-23-43-0119 $905.61
1-4055-01-01 SMITH BRADLEY 3204 OLD HIGHWAY 8 06-029-23-41-0130 $151.33
1-4069-01-03 ADBIRIZAK SHIRE 3657 SILVER LAKE ROAD NE 06-029-23-12-0009 $592.91
1-4177-01-01 DANELLE SANDELL 2407 33RD AVE NE 06-029-23-23-0082 $125.33
1-1231-01-02 SKILLINGS, JOHN & JANE 3113 Croft Dr NE 06-029-23-41-0038 $137.97
Total $11,938.04
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-073
A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT
PUBLIC UTILITY SERVICE ACCOUNTS TO THE 2017 RAMSEY COUNTY TAX
ROLLS
WHEREAS, utility records for the City of St. Anthony identify certain delinquent charges
and utility accounts as of October 6, 2016; and
WHEREAS, the owners of record of the properties served by each delinquent account have
been notified of the delinquency according to the legal requirements of the
ordinance 33.107; and
WHEREAS, the delinquent charges may be assessed under Minnesota Statutes § 429.101 and
444.075 that authorize certification of such delinquent charges to the County tax
rolls for collection; and
WHEREAS, pursuant to proper notice duly given to the owners of record as required by
law, the City has met the requirements for the assessment of these delinquent
public utility charges.
NOW, THEREFORE, BE IT RESOLVED that:
1) The special assessment of delinquent public utility accounts is hereby adopted and
certified as Levy No: 812016101 for the attached properties and amounts:
2) The special assessments as adopted shall be payable with collectible ad valorem
taxes in 2017, with interest thereon at eight (8) percent per annum, and shall bear
interest from the entire period of November 1, 2016 through December 31, 2017.
3) The City Clerk shall transmit a certified copy of this assessment to the County
Auditor to be extended to the proper tax lists to the county, and such assessments
shall be collected and paid over the same manner as other municipal taxes.
Adopted this 11th day of October, 2016.
_________________________________
Jerome O. Faust, Mayor
ATTEST: ____________________________
Nicole Miller, City Clerk
Review for Administration: ________________________________
Mark Casey, City Manager
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RAMSEY COUNTY
ACCT NUMBER NAME ADDRESS PID AMOUNT
1-1777-01-03 LORI GEBHARDT 3515 37TH AVE NE 31-30-23-44-0103 $358.55
1-1785-01-06 JESSICA GROSS 3531 37TH AVE NE 31-30-23-44-0111 $339.40
1-1815-02-05 NEIL MOSSAIE 4073 FOSS ROAD NE 31-30-23-41-0130 $554.40
1-1864-01-01 SHARI STREETMAN 3025 39TH AVE NE 31-30-23-42-0019 $160.11
1-1876-03-01 BARABARA OVERLEIN 3210 39TH AVE NE 31-30-23-43-0039 $272.64
1-1922-01-01 AMADO LAY 4017 SHAMROCK DRIVE NE 31-30-23-42-0042 $582.81
1-1962-01-01 JUNE PINEDA HOIDAL 2705 SILVER LANE NE 31-30-23-31-0010 $222.36
1-2014-03-04 SHERISE LEWIS 3720 CHANDLER DRIVE NE 31-30-23-43-0004 $656.27
1-4131-01-01 MICHAEL TUREK 3426 SILVER LANE NE 31-30-23-41-0191 $472.67
2-2412-01-04 SASS CORP 3811 STINSON BLVD NE 31-30-23-33-0003 $273.68
2-2530-01-05 SASS CORP 3809 STINSON BLVD NE 31-30-23-33-0003 $273.68
2-2604-01-04 SASS CORP 3813 STINSON BLVD NE 31-30-23-33-0003 $531.66
2-4076-01-05 SASS CORP 3807 STINSON BLVD NE 31-30-23-33-0003 $273.68
2-4077-01-05 SASS CORP 3805 STINSON BLVD NE 31-30-23-33-0003 $273.68
Total $5,245.59
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MEMORANDUM
TO: Mayor and City Council
FROM: Jay R. Lindgren
Phil Steger
DATE: September 26, 2016
RE: Lowry Grove Closure
On June 15, 2016, the City of St. Anthony received a letter from The Village, LLC
(“The Village”) indicating that it had acquired the Lowry Grove Manufactured Home Park
(“Lowry Grove” or “the Park”) and that it intended to close the park and relocate all Park
residents by March 17, 2017 (“closure statement”). Receipt of the closure statement
triggered a number of obligations imposed on the City Council by the St. Anthony City
Code and the Minnesota manufactured home park closings statute, Minn. Sta. §
327C.095 (“Park Closure Statute”). The closure statement is enclosed as Attachment 1.
Section 111.092 of the St. Anthony City Code requires that the City “hold” a
public hearing within 90 days of receiving a closure statement. Subdivision 3 of the
Park Closure Statute also requires the Council to hold a public hearing upon receipt of a
closure statement, in order to initiate a process for compensating home owners
displaced by the closure for the cost of relocating their homes. Subdivision 4 requires
the public hearing to accomplish the following tasks:
• Review the closure statement;
• Review the impact of closure on home owners and the park owner;
• Inform affected home owners of their potential eligibility for compensation from
the Minnesota Manufactured Home Relocation Trust Fund; and
• Appointment of a neutral third party to make compensation recommendations
and apply for relocation payments from the Fund on the residents’ behalf.
Soon after receiving the closure statement, the City Council became aware that
The Village’s ownership of the Park, and thus its right to close the Park, was being
challenged by a lawsuit filed in Hennepin County Court. The lawsuit alleges that the
sale to The Village violated Subdivision 6 of Park Closure Statute. This subdivision
requires the Seller of the Park to give home owners a 45 day right of first refusal to
purchase the park. If during that 45-day window home owners, or a non-profit having
the support of 51% of the home owners, supply the Seller with a proposal matching the
23
terms of the original purchase agreement, the Seller must sell the Park to the home
owners or non-profit on those terms.
A non-profit housing developer, Aeon, and a group of Lowry Grove home owners
and residents allege that Aeon supplied just such a purchase offer to the Seller, but that
the Seller violated the Statute by rejecting the offer and selling the property to The
Village. They claimed that because the sale violated the statute, the sale was invalid,
and they asked the Hennepin County Court to require Seller to sell the property to
Aeon, who would keep the Park open for manufactured homes.
The Village defends the legality of the sale, arguing that Aeon did not meet
several key terms of the purchase agreement, including the earnest money amount and
the closing date, and that Aeon’s offer did not have support of 51% of the home owners.
The Village also argued that, even if the sale violated the statute, the statute says the
sale itself cannot be undone and that therefore closure of the Park cannot be prevented.
Instead, Aeon and the home owners can only sue the Seller for money damages to
compensate them for the harm caused by violation of the statute.
Concerned for the welfare of Lowry Grove home owners and residents, the City
Council asked us to review the statute to determine whether the City was required to
hold the public hearing on the park closure even though ownership of the Park and the
right to close the Park was being litigated. After analyzing the statute, we concluded
there was no exception to the obligation to hold a public hearing, and that the City was
required to hold the public hearing despite the existence of the lawsuit. Consequently,
we recommended proceeding with the public hearing, and the public hearing was
scheduled for September 8, 2016.
On September 8, 2016, just hours before the hearing, the City Council received a
letter from the Minnesota Housing Finance Agency (MFHA), which has responsibility for
administering the Relocation Trust Fund. The letter informed the Council of the MFHA’s
concern that the lawsuit could affect the fiscal health of the Fund and its ability to
compensate future manufactured home relocations. The MFHA’s interpretation of the
Statute also raised a question in our minds whether Lowry Grove residents who decided
to relocate because of the promised closure of the Park would receive compensation
should a court order invalidate the sale to The Village and prevent actual closure.
The Council convened the public hearing on September 8, 2016, as scheduled.
At the public hearing, the Council asked an MHFA representative to comment on its
concerns. Based on the MFHA representative’s response, the City Council expressed
concern that the issues raised in the lawsuit could impair the ability not only of Lowry
Grove home owners to be compensated for relocation, but also manufactured home
owners affected by future Park closures. Citing its responsibility to protect St. Anthony
residents and the public interest, the Council asked the city attorney for options. City
attorney Phil Steger recommended that, because Section 327C.095, Subdivision 1 of
the Minnesota Statutes prohibits residents from being required to relocate until 60-days
after the conclusion of the public hearing, the City Council continued – and did not
24
conclude – the public hearing until compensation issues became clearer and until a
date to be publicly noticed.
Since September 8, there have been three significant developments that have
clarified the Park closure and home owner and Trust Fund compensation issues raised
by the lawsuit.
First, the Hennepin County Court issued an order decisively ruling that the sale of
the Park, and The Village’s ownership of it, will not be disturbed, even if the Court
ultimately decides the sale of the Park violated the statute. Thus, the Hennepin
County Court has unambiguously declared it will not prevent the Park from closing.
See Attachment 2.
Second, the City Council has received a letter from The Village stating unequivocally
that it will close the Park in March 2017 and that it wants to help with relocation as
soon as possible so that residents are not forced to try to relocate during the dead of
Winter. See Attachment 3.
Third, the City Council has received The Village’s signed, written agreement 1) to
reimburse the Trust Fund for all relocation payments made from the Fund in
connection with relocations caused by the closure of the Park, and 2) not to interfere
or oppose in any way with compensation paid to home owners and residents from
the Fund for any reason, including any future decision that may be issued in the
lawsuit. See Attachment 4.
In light of these developments, we conclude that no Court decision will prevent
the closure of the Park and relocation of Park home owners and residents. We further
conclude that all relocated residents will receive their due compensation from the Fund
as recommended by the to-be-appointed neutral third party and approved by the Fund,
and that the Fund will be replenished so that it may compensate home owners relocated
by future park closures. We also find no reason to dispute The Village’s assertions that
delay in the relocation and compensation could be highly detrimental to all Park
residents, as many parks will not accept relocation during Winter months and the costs
of hook-up can be prohibitively high in the Parks that do.
Therefore we recommend that the public hearing on the closure of the Lowry
Grove Manufactured Home Park be continued at the earliest practicable date, so that a
neutral third party may be appointed and the relocation compensation process begun as
soon as possible.
Enclosures: Attachment 1 (Closure Statement)
Attachment 2 (Court Order)
Attachment 3 (The Village Letter)
Attachment 4 (The Village Agreement)
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Aeon, a Minnesota non-profit corporation,
Maria Antonia Alvarez, and Lowry Grove
Residents Association,
Plaintiffs,
v.
Lowry Grove Partnership, LLP, a Minnesota
limited liability partnership, and The Village,
LLC, a Minnesota limited liability company,
Defendants.
Court File No: 27-CV-16-9809
Judge Joseph R. Klein
ORDER GRANTING DEFENDANTS’
MOTION FOR PARTIAL JUDGMENT
ON THE PLEADINGS AND DENYING
PLAINTIFFS’ MOTION FOR
SUMMARY JUDGMENT
On August 26, 2016, the above-captioned matter came on before the Honorable Joseph R.
Klein, Judge of District Court, on Defendants’ The Village, LLC and Lowry Grove Partnership,
LLP (collectively “Defendants”) Motion for Partial Judgment on the Pleadings and Plaintiffs
Aeon, Maria Antonia Alvarez Baez, and Lowry Grove Resident’s Association (collectively
“Plaintiffs”), Motion for Declaratory Partial Summary Judgment. Rachel Osdoba appeared on
behalf of Aeon. John Cann appeared on behalf of Maria Antonia Alvarez Baez and Lowry Grove
Residents Association. Eric Magnuson appeared on behalf of the Village, LLC. Peter Diessner
appeared on behalf of Lowry Grove Partnership, LLP. Based upon the files and proceedings herein,
the Court makes the following:
ORDER
1. Defendants’ motion for partial judgment is GRANTED.
2. Counts I, II, III (except as it relates to relief for monetary damages), IV, and V of the
Complaint are hereby DISMISSED.
3. Genuine issues of material fact exist regarding whether Plaintiffs complied with the
requirements of the statute. Plaintiffs’ motion for declaratory partial summary judgment
is DENIED.
31
4. The Parties shall file a joint discovery plan by October 7, 2016. The Court will file a
Scheduling Order shortly after receipt of the joint discovery plan.
5. The memorandum of law is incorporated herein.
BY THE COURT:
Dated: September 22, 2016 ____________________________
Joseph R. Klein
Judge of District Court
32
FACTUAL BACKGROUND 1
For the purposes of Defendants’ motion for partial judgment on the pleadings only, the
Court accepts all of the facts alleged in the Complaint to be true. This action stems from the sale
of Lowry Park mobile home park (“the Park”) to the Village, LLC (“the Village”).2
The Complaint alleges that on April 26, 2016, as part of the requirements set forth by Minn.
Stat. § 327C.095, the owner of the Park, Lowry Grove Partnership (“LGP”), gave notice to the
residents of the Park of the sale and intent of the Village to close the Park within one year of
executing a purchase agreement. The notice advised the residents that owners of at least 51 percent
of the manufactured homes could exercise their right of first refusal to purchase the property and
continue it as a manufactured home park within 45 days. The 45-day notice period was set to
expire on June 10, 2016. The Complaint asserts that on April 27, 2016, LGP and the Village
entered into a purchase agreement for the sale of the Park that included language about the right
of first refusal. The purchase agreement also included a $1 million earnest money payment.
The Complaint further alleges that owners of more than 51 percent of the manufactured
homes in the Park authorized Aeon to exercise their right of first refusal to purchase the Park. On
June 10, 2016, Aeon delivered a purchase agreement and a check for $70,000 to LGP. Also
included in the purchase agreement package were signatures of owners of the manufactured homes
in the Park. Initially, two pages of signatures were omitted but were subsequently provided to
Defendants after they closed on the sale. The Complaint asserts that Aeon’s purchase agreement
was “materially identical” to the Village’s, except that the closing date would not be until as late
1 The factual recitation taken from the Complaint is used for the purposes of the motion for
partial judgment on the pleadings, but not the summary judgment motion.
2 The original purchaser was, in fact, Continental Property Group. However, the Village is the
assignee of Continental’s rights under the purchase agreement.
33
as July 20, which is five weeks after the closing date indicated in the purchase agreement with the
Village.
By a letter dated June 13, 2016, LGP rejected the Aeon purchase agreement indicating it
failed to meet the requirements set forth by Minn. Stat. § 327C.095, subd. 6. On June 13, 2016,
LGP signed the purchase agreement to the Park to the Village. On June 15, 2016, the Village
sent a park closure notice to the residents indicating that the Park would close nine months from
the date of the notice. The closure would force the residents of the Park to move.
PROCEDURAL BACKGROUND
Plaintiffs filed this action on June 27, 2016. Relevant to the current motions, Count I of
the Complaint seeks a declaratory judgment declaring that: (1) Plaintiffs properly exercised their
right of first refusal; (2) LGP violated Minn. Stat. § 327C.095, subd. 6; and (3) LGP’s conveyance
of the Park is void. Count II of the Complaint seeks a judgment declaring that the Village violated
Minn. Stat. § 327C.095, subd. 7 and that it has no right to close the Park without first complying
with subdivision 7. Count III seeks injunctive relief and damages for the violation of Minn. Stat.
§ 327C.095. Count IV seeks specific performance of Aeon’s purchase agreement. Count V also
seeks injunctive relief either directing LGP or the Village to sell the Park to Plaintiffs.
On July 19, 2016, the Village brought its motion for partial judgment on the pleadings
under Rule 12.03 of the Minnesota Rules of Civil Procedure to dismiss Counts I, II, IV, V, and III
(to the extent it seeks relief other than damages). LGP brought the same motion on July 20, 2016.
The Plaintiffs brought a cross motion for declaratory partial summary judgment on July 29, 2016,
seeking a declaration that:
(1) Park residents met the requirements of Minn. Stat. § 327C.095, subd. 6, in
designating Aeon to represent them in exercising their statutory right of first
refusal; (2) Aeon tendered a purchase agreement meeting the requirements of Minn.
Stat. § 327C.095, subd. 6, within the 45-day period set out in the statute; (3)
34
defendant [LGP]’s rejection of the Aeon Purchase Agreement violated Minn. Stat.
§ 327C.095, subd. 6; (4) [LGP]’s sale of the Park to [the Village] is contrary to the
requirements of Minn. Stat. § 327C.095, subd. 6; and (5) [the Village] having issued
a notice to residents that the Park would close within one year of purchasing the
Park, is obligated to offer to sell the Park to the residents pursuant to Minn. Stat. §
327C.095, subd. 7, and that the nine months within which the Park must remain
open after a park closure notice does not begin until the offer has been made to the
residents.
Prior to the hearing, Defendants objected to the affidavits filed by Plaintiffs on August 23, 2016,
in support of their motion for declaratory judgment. The Court addresses each of the parties’
motions in turn.
LEGAL ANALYSIS
I. MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS.
A. Rule 12.03 Standard.
“After the pleadings are closed but within such time as not to delay the trial, any party may
move for judgment on the pleadings.” Minn. R. Civ. P. 12.03. Like other Rule 12 motions, the
Court considers “only the facts alleged in the complaint, accepting those facts as true and drawing
all reasonable inferences in favor of the nonmoving party.” Zutz v. Nelson, 788 N.W.2d 58, 61
(Minn. 2010). “Judgment on the pleadings is proper where the defendant relies on an affirmative
defense or counterclaim which does not raise material issues of fact.” Id. The Court’s analysis is
confined to whether “the complaint sets forth a legally sufficient claim for relief.” Id. (quoting
Bodah v. Lakeville Motor Express, Inc., 663 N.W.2d 550, 553 (Minn.2003)).
B. Minn. Stat. § 327C.095, subd. 9 precludes plaintiffs’ claims for injunctive
relief and specific performance.
Plaintiffs’ claims stem from the requirements set forth by Minn. Stat. § 327C.095.
Plaintiffs seek money damages, declaratory relief, and specific performance. Defendants argue
that under the plain language of section 327C.095, subd. 9 Plaintiffs are only allowed to recover
35
money damages for any violation of section 327C.095’s requirements. Defendants further assert
that subdivision 7 does not apply. Plaintiffs respond arguing that (1) subdivision 9 should be
interpreted in the homeowners’ favor; (2) defendants must comply with both subdivisions 6 and
7, so subdivision 9 does not yet apply; and (3) subdivision 9 and 11 violate Plaintiffs’ due process
rights.
The Court agrees with Defendants. As discussed below, the clear language of Minn. Stat.
327C.095 does not provide Plaintiffs the opportunity to seek declarations involving the handling
of the sale of the Park or the opportunity to seek specific performance of the Aeon purchase
agreement for the Park.
Section 327C.095 specifically addresses the rights and obligations involved when a
purchaser of a manufactured home park intends to sell or convert it to another use. Subdivision 6
applies “[b]efore the execution of an agreement to purchase a manufactured home park . . . if the
purchaser intends to close the manufactured home park or convert it to another use within one year
of the execution of the agreement.” Minn. Stat. § 327C.095, subd. 6. If the purchaser intends on
converting its use then the park owner must provide each resident with 45-day notice of intent to
close the park. Id. The owners of 51 percent of the manufactured homes in the park then have the
right to execute an agreement to purchase the park in order to keep it as a manufactured housing
community. Id. The owners may allow a nonprofit to represent them in the acquisition. Id. The
owners are required to “meet the cash price and the same terms and conditions set forth in the
purchaser’s offer” within the 45-day period. Id. If the owners meet this requirement the park owner
“must accept the offer.” Id.
Subdivision 7 provides: “If the purchaser of a manufactured home park decides to convert
the park to another use within one year after the purchase of the park, the purchaser must offer the
36
park for purchase by the residents of the park.” Id. at subd. 7. Subdivision 7 provides manufactured
homeowners the same right of first refusal if 51 percent of the homeowners execute an agreement
for the purchase of the park within 45 days. Id.
Although Defendants dispute whether Plaintiffs satisfied the requirements of subdivision
6, for the purposes of Defendants’ motion these allegations are treated as true. Assuming that LGP
violated Plaintiffs’ properly exercised right of first refusal under subdivision 6, the question that
remains is: under the statutory framework, what is the appropriate redress?
Subdivision 9 of section 327C.095, entitled, “Effect of noncompliance,” provides:
If a manufactured home park is finally sold or converted to another use in violation
of subdivision 6 or 7, the residents do not have any continuing right to purchase
the park as a result of that sale or conversion. A violation of subdivision 6 or 7
is subject to section 8.31, except that relief shall be limited so that questions of
marketability of title shall not be affected (emphasis added).
Id. at subd. 9.
There are no reported cases in Minnesota interpreting the language of subdivision 9. Thus,
it is for this court to examine the language of Subdivision 9, without the benefit of guidance from
a higher court. When the Court interprets a statute it must first be determined whether the statute’s
language is clear and unambiguous on its face. Am. Family Ins. Group v. Schroedl, 616 N.W.2d
273, 277 (Minn. 2000). “A statute is only ambiguous when the language therein is subject to more
than one reasonable interpretation.” Id. (quoting Amaral v. Saint Cloud Hosp., 598 N.W.2d 379,
384 (Minn.1999)). If a statute is clear and unambiguous it is interpreted using its plain meaning.
Id.
This court finds that the language of subdivision 9 is clear and unambiguous. Once the
manufactured home park is sold, the plain language makes clear that the residents lose their right
to purchase the park. Minn. Stat. § 327C.095, subd. 9. This applies even when “[a] violation of
37
subdivision 6 or 7” occurs. Id. If a violation of subdivisions 6 or 7 occurs, then Plaintiffs are
allowed to bring suit, however, they are limited to recoveries that do not affect questions of
marketability of title. Id.
“A marketable title is one that is free from reasonable doubt; one that a prudent person,
with full knowledge of all the facts, would be willing to accept.” Mattson Ridge, LLC v. Clear
Rock Title, LLP, 824 N.W.2d 622, 628 (Minn. 2012) (internal citation omitted). “The requirement
of marketable title thus protects purchasers of real property from actual and apparent defects in the
title—the latter of which occurs when title is ‘so clouded by apparent defects . . . that prudent men,
knowing the facts, would hesitate to take it.” Id. (citing Howe v. Coates, 107 N.W. 397, 403 (Minn.
1906). Plaintiffs attempt to stop the sale of the Park to the Village or force the sale of the Park
from the Village to the Plaintiffs would certainly affect the marketability of title.
The language of the statute unambiguously closes the door on Plaintiffs’ right to purchase
the property once the “park is finally sold or converted to another use.” While the Park has not yet
been converted to another use, it has been “finally sold.” The Park was sold to the Village on June
13, 2016. Under the plain language of the statute, this extinguishes Plaintiffs’ right to purchase the
park.
Any violation of Minn. Stat. § 327C.095, subd. 9 does entitle Plaintiffs to remedies
provided by “section 8.31.” Id. This allows the Plaintiffs to “bring a civil action and recover
damages, together with costs and disbursements, including costs of investigation and reasonable
attorney's fees, and receive other equitable relief as determined by the court.” Minn. Stat. § 8.31,
subd. 3a. The plain language of Subdivision 9, however, makes abundantly clear: “except that
relief shall be limited so that questions of marketability of title shall not be affected.” Minn. Stat.
§ 327C.095, subd. 9.
38
Plaintiffs also argue that they were entitled to attempt to purchase the Park under
subdivision 7, after their attempt under subdivision 6 was rejected. This requires the Court to
interpret the effect of subdivisions 6 and 7. Defendants argue that Plaintiffs were entitled to the
right of first refusal under either subdivision 6 or 7, but not both, depending on when the Park’s
use was intended to change. Plaintiffs argue that they had the right of first refusal prior to the sale
and again after the sale. This court does not find Plaintiffs’ position persuasive.
“A statute should be interpreted, whenever possible, to give effect to all of its provisions;
‘no word, phrase, or sentence should be deemed superfluous, void, or insignificant.’” Schroedl,
616 N.W.2d at 277 (quoting Amaral v. Saint Cloud Hosp., 598 N.W.2d 379, 384 (Minn.1999)).
The Court is “to read and construe a statute as a whole and must interpret each section in light of
the surrounding sections to avoid conflicting interpretations.” Id.
The question before the court is: how does one read and reconcile the language of
subdivisions 6, 7, and 9? The wording of subdivision 6 states that it applies “before the execution
of an agreement to purchase a manufactured home park . . . if the purchaser intends to close the
manufactured home park or convert it to another use within one year of the execution of the
agreement.” Minn. Stat. § 327C.095, subd. 6 (emphasis added). The wording in subdivision 7
states that it applies “[i]f the purchaser of a manufactured home park decides to convert the park
to another use within one year after the purchase of the park.” Id. at subd. 7 (emphasis added).
Subdivision 9 indicates that the right to purchase the park closes, despite non compliances “[i]f the
manufactured home is finally sold or converted to another use.” Id. at subd. 9 (emphasis added).
Reading the plain language of these statutes together, the statutory framework devised by
the legislature is clear. The manufactured homeowners’ right to purchase the Park is contingent
upon when the decision to close or convert the Park is made. Subdivision 6 provides the right of
39
first refusal when the Park’s intended use changes “before” the sale. Subdivision 7 provides the
right of first refusal when the Park’s intended use changes “after” the sale. In the present case,
accepting the allegations of paragraphs 12, 13, and 14 of Plaintiff’s Complaint as true, the decision
to convert the park took place before the sale. Thus, Plaintiffs’ right of first refusal was governed
by subdivision 6. Subdivision 7 is not implicated because the decision to convert the Park’s use
did not come after the sale. Logically, a decision to close or convert could only take place either
before or after the sale of the park, not both. When subdivisions 6 and 7 are read together, their
plain meaning makes clear that they are intended to separately cover two different situations:
1. Those situations where the intent to close or convert a park is expressed before the
sale; and
2. Those situations where the decision to convert the park to a different use is made
after the sale.
This court does not read the statute to give Plaintiffs two, separate 45-day periods to attempt
to purchase the Park.
Subdivision 9 further clarifies that manufactured homeowners only have one chance at
purchasing the Park prior to its closure or conversion. Subdivision 9 discusses the limitations of
redress after a “manufactured home park is finally sold or converted to another use in violation of
subdivision 6 or 7.” Id. The use of the disjunctive “or” makes clear only one subdivision applies,
not both. Subdivision 9 would need to indicate Plaintiffs’ rights are terminated only after a
violation of both subdivision 6 “and” 7 to allow Plaintiffs to now force the sale. A sale of the
park pursuant to either one or the other subdivision forecloses Plaintiffs’ rights to purchase the
property. Since a sale pursuant to subdivision 6 took place, Plaintiffs “do not have any continuing
right to purchase the park.” Id.
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Plaintiffs ask this Court to consider the legislative intent of the statute, as a remedial statute,
and interpret it in favor of manufactured homeowners. It is not necessary to look at additional
interpretive tools like the legislative intent when the statute’s language is plain on its face. State v.
Rick, 835 N.W.2d 478, 482 (Minn. 2013) (“If the Legislature's intent is clear from the statute's
plain and unambiguous language, then we interpret the statute according to its plain meaning
without resorting to the canons of statutory construction.”).
This Court need not consider the legislative intent because the language of the statute is
unambiguous and clear. This case is distinguishable from the cases on which Plaintiffs rely. First,
both cases cited by Plaintiff involve an agricultural landowner’s right of first refusal under Minn.
Stat. §500.24, in the context of the foreclosure process, and were decided on facts significantly
different from the present case. See, Harbal v. Federal Land Bank, 449 N.W.2d 442, (Minn. Ct.
App. 1989); Ag. Services of America, Inc. v. Schroeder, 693 N.W.2d 227 (Minn. Ct. App. 2005).
Fundamentally, Chapter 500 does not contain a provision analogous to §327C.095, subd. 9, which
limits post-sale remedies to a claim for monetary damages. The contrary is true of Chapter 500,
which by amendment in 1993, expressly permits an action for recovery of title, and arguably leaves
open a court’s option to fashion equitable relief. Subdivision 9 expressly precludes relief other
than monetary damages. Moreover, both cases cited by plaintiffs stemmed from a complete lack
of notice given to the grieved farm owners, resulting in the farm owners having no opportunity to
exercise their rights. Finally, in both cases cited by Plaintiffs suit was commenced before title had
passed to the buyer, which is markedly different from the facts presented here. This court is not
persuaded that either Harbal or Ag. Services provides any authority for finding that the language
of §327C.095 is ambiguous.
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As discussed above, the language of section §327C.095 is clear and plain. Plaintiffs have
a right to match and purchase a manufactured home park either before or after its sale, but not
both. Minn. Stat. § 327C.095, subds. 6, 7. If Defendants violate the statute, Plaintiffs lose their
ability to purchase the property, however, they retain the ability to sue civil for damages. Id. at
subd. 9. Since there is no ambiguity, the Court need not to look at the legislative intent.
Even if the statute was ambiguous and the Court needed to consider the legislative intent,
it is evident that the statute was enacted only after balancing competing priorities: giving
manufactured homeowners a tool to protect their homes while not overly interfering with park
owner’s ability to sell their property. At a committee hearing on drafting section 327C.095
Representative Dawkins, addressed concerns over the marketability of title, and the ability of
property owners to sell their parks by introducing an amendment, which eventually became
subdivision 9, that “make[s] it clear that should a park be sold contrary to subdivision 6 or 7 that
the only remedy that the residents in the park have is to sue under a violation of this law for
something besides ownership of the land.”3
C. Plaintiffs’ Due Process Rights are not violated.
Plaintiffs’ final argument is that Minn. Stat. § 327C.095 violates Plaintiffs’ due process
rights. The Fourteenth Amendment of the United States Constitution states that no state shall
“deprive any person of life, liberty, or property, without due process of law.” The inquiry for the
Court is (1) whether Plaintiffs were deprived of a protected interest, and (2) if so, what process
was due. Logan v. Zimmerman Brush Co., 455 U.S. 422, 428 (1982).
Plaintiffs argue Minnesota Statute § 327C.095, subd. 9 and 11 deprive them of a cause of
action to enforce the sale of the property. According to Plaintiffs, LGP rejected Aeon’s purchase
3 Dec. of Adam Welle, Ex. 1, at 14, Aug. 5, 2016.
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agreement the same day it executed the sale with the Village. If the allegations of the Complaint
are considered facts, LGP rejected Aeon’s purchase agreement despite Aeon’s compliance with
subdivision 6—which mandates LGP to accept the agreement with Aeon. Since subdivision 9
closes the door on Plaintiffs’ ability of purchase the Park, completing the sale the same day as
rejecting the right of first refusal leaves Plaintiffs with no time to bring suit to force the sale to
Aeon. This Court disagrees with Plaintiffs’ characterization of the property right and its
deprivation.
First, a right of first refusal or a cause of action may be a recognized property interest. Id.
(cause of action); Crowell v. Delafield Farmers Mut. Fire Ins. Co., 463 N.W.2d 737, 740 (Minn.
1990) (right of first refusal). However, Plaintiffs mischaracterize the property interest granted by
the legislature here. Prior to the enactment of section 327C.095 manufactured homeowners did
not have a right of first refusal. They also did not have a cause of action for a violation of that
right of first refusal. The statute that granted them both the right of first refusal and the cause of
action limits that cause of action. When they were authorized the right of first refusal
manufactured homeowners were simultaneously limited to sue only for damages. The legislature
did not grant them a property interest and then later enact additional legislation that foreclosed
their ability to vindicate that property interest.
This is distinguished from the case on which Plaintiffs rely. See, Logan, 455 U.S. 422. In
Logan, the Supreme Court reaffirmed that “[w]hile the legislature may elect not to confer a
property interest , . . it may not constitutionally authorize the deprivation of such an interest, once
conferred, without appropriate procedural safeguards.” Id. at 432. Logan involved a state statutory
scheme that precluded an employee from bringing a suit for wrongful termination due to a 120-
day limitation. Id. The employee had no ability to bring a suit after the period expired. Id. This
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case is distinguished for three reasons.
First, in a thoughtful and discerning legislative action, the legislature gave Plaintiffs a cause
of action for a violation of their right of first refusal while specifically maintaining that
manufactured homeowners are not entitled to purchase the Park after the sale.4 It did not grant
them an unfettered ability to purchase the property, nor a vested interest in the actual property.
The right was not given and then taken away. This distinction makes clear that the property interest
that was actually provided by the state is not deprived. Plaintiffs were granted a cause of action for
the violation of their right of first refusal. Under the facts alleged in this case, they were not granted
any further property interest. Plaintiffs are now suing under that cause of action. They are able to
vindicate their right to the cause of action and recover damages for any violation of that right. This
is the sole property interest granted by the legislature. They are able to, as they currently are, seek
damages for the violation of subdivision 6.
Second, the Court in Logan states that a post-deprivation hearing is constitutionally
adequate if “necessity of quick action” or the “impracticality of providing any pre-deprivation
process” exists. Id. at 436 (citing Parratt v. Taylor, 451 U.S. 527, 539 (1981). Here, that necessity
exists. Balanced against Plaintiffs’ rights are Defendants’ right to their property and their right to
free alienability of their property. The legislature balanced the rights of both manufactured
homeowners and real property owners in devising §327C.095. The homeowners have the chance
to purchase the property and have a cause of action for a violation of that chance while property
owners are still able to sell their property within a reasonable time. Any additional interest carved
out of the landowner’s property by statute would likely lead to a question of unconstitutional taking
from the property owner. See Manufactured Hous. Communities of Washington v. State, 13 P.3d
4 Quite simply put, the legislature enacted a remedial statute, and then expressly defined the remedy.
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183, 196 (Wash. 2000) (“We have found that the statutory grant of a right of first refusal to tenants
of mobile home parks, amounts to a taking and transfer of private property without a judicial
determination of public necessity and without just compensation having been first paid.”). This is
the balance that is struck. Unlike Logan, a post-deprivation hearing is constitutionally valid. See
Barry v. Barchi, 443 U.S. 55, 64–65(1979) (post-termination hearing permitted).
Finally, Plaintiffs argue that the 45-day period was not adequate to allow them to purchase
the property or bring a suit. See Ochoa v. Hernandez y Morales, 230 U.S. 139 (1913). Under the
statute, however, Plaintiffs could have made an offer prior to the close of the 45-day period in
order to see whether the offer would be rejected—presumably in violation of subdivision 6—and
then been able to bring suit prior to the close of the sale to the Village. The language of the statute
is clear that any right to the purchase is foreclosed after the sale of the Park, after the 45-day notice
period. Plaintiffs did not have zero days as they argue.
Plaintiffs’ due process rights are not violated. The legislature did not grant them an
unfettered ability to purchase the Park. They were not deprived of that right because it was never,
in fact, granted to them.
II. PLAINTIFFS’ MOTION FOR PARTIAL DECLARATORY SUMMARY
JUDGMENT
A. Summary judgment standard.
Rule 56.03 of the Minnesota Rules of Civil Procedure establishes the standard for summary
judgment:
Judgment shall be rendered forthwith if the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the affidavits, if any, show
that there is no genuine issue as to any material fact and that the moving party is
entitled to a judgment as a matter of law.
Minn. R. Civ. P. 56.03. In a summary judgment motion, the facts are viewed in a light most
favorable to the non-moving party. Offerdahl v. Univ. of Minn. Hosp. & Clinics, 426 N.W.2d 425,
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427 (Minn. 1988). The moving party bears the burden of showing that the material facts in the
case are undisputed. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Mems v. City of St. Paul,
Dep’t of Fire & Safety Serv., 224 F.3d 735, 738 (8th Cir. 2000).
Material facts are those tending to establish the existence of any element essential to a
party’s case, and on which the party will bear the burden of proof at trial, inasmuch as the complete
failure of proof concerning any essential element of the non-moving party’s case renders all other
fact issues immaterial. See Celotex, 477 U.S. at 322-23; Carlisle v. City of Minneapolis, 437
N.W.2d 712, 715 (Minn. Ct. App. 1989). If the evidence is merely colorable, or is not sufficiently
probative, summary judgment may be granted. Anderson v. Liberty Lobby, Inc., 477 U.S. 242,
249-50 (1986). The moving party cannot rely upon mere general statements of fact, hearsay,
speculation or conjecture. Id.
Once the moving party has established a prima facie case entitling it to summary judgment,
the burden of proof shifts to the non-moving party. Bebo v. Delander, 632 N.W.2d 732, 737 (Minn.
Ct. App. 2001). The non-moving party must present specific facts showing there is a genuine issue
for trial. DLH, Inc. v. Russ, 566 N.W.2d 60, 70 (Minn. 1997). “The mere existence of a scintilla
of evidence in support of the [non-movant’s] position will be insufficient; there must be evidence
on which the jury could reasonably find for the [non-movant].” Anderson, 477 U.S. at 252. To
defeat a motion for summary judgment, the nonmoving party must submit significant probative
evidence; it is not sufficient to rely on general statements or simply show there is some
metaphysical doubt as to material facts. Carlisle, 437 N.W.2d at 715.
The non-moving party need not present “clear and convincing” or substantial evidence.
Anderson v. Minn. Dep’t of Natural Res. 693 N.W.2d 181, 191 (Minn. 2005) (stating that a genuine
issue of fact may have existed where each party’s expert affidavit supports an alternative
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conclusion); see also, Schroeder v. St. Louis County, 708 N.W.2d 497, 507 (Minn. 2006).
However, the nonmoving party must present evidence beyond that which creates a mere
metaphysical doubt about an essential element of the case. DLH, Inc., 566 N.W.2d at 71. “A self-
serving affidavit that contradicts other testimony is not sufficient to create a genuine issue of
material fact.” Risdall v. Brown-Wilbert, Inc., 759 N.W.2d 67, 72 (Minn. 2009) (citing Barbury v.
Omnitrition Int’l, Inc., 533 N.W.2d 876, 881 (Minn. Ct. App. 1995)).
A. The Record.
Defendants object to Plaintiffs’ affidavits filed in support of their summary judgment
motion on August 23, 2016. Plaintiffs argue the additional affidavits were in response to an
argument not previously raised. The affidavits were filed untimely, and the Court will not consider
them.
A motion for summary judgment under Minnesota Rule of Civil Procedure 56.02 is
conducted in accordance with Minnesota General Rule of Practice 115.03. Rule 115.03 requires a
party to serve “[a]ny affidavits and exhibits to be submitted in conjunction with the motion” at
least 28 days prior to the hearing. Minn. Gen. R Prac. 115.03(a)(3). Parties are allowed to file a
reply memorandum, including additional affidavits in some limited circumstances, if the
responsive memorandum raises issues not raised in the moving party’s original memorandum. Id.
at (c); Bradley v. First Nat’l Bank of Walker, N.A., 711 N.W.2d 121, 128 (Minn. Ct. App. 2006);
Mortensen v. Swanson, No. A12-1314, 2013 WL 869940, at *2 (Minn. Ct. App. March 11, 2013)
(unpublished). That is not the case here.
Plaintiffs’ summary judgment motion was based in part on the allegation in the Complaint
that Aeon complied with the requirements of subdivision 6 when it asserted its right of first refusal.
Defendants have always denied that Aeon complied with subdivision 6. It was Plaintiffs’ burden
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in its initial summary judgment paperwork to demonstrate there were no genuine issues of material
fact relating to its compliance with subdivision 6. Defendants’ responsive memorandum to the
summary judgment motion simply responded that Plaintiffs failed to comply with the requirements
of subdivision 6, as it responded in the June 13, 2016 denial letter. Defendants did not raise a new
issue that needed to be addressed with additional affidavits outside the scope of what Rule 115.03
allows. This Court will not consider Plaintiffs’ August 23, 2016 affidavits in deciding the partial
motion for summary judgment.
B. Genuine issues of material fact exist precluding summary judgment.
The motion for summary judgment is not based on the Complaint like the motion for
judgment on the pleadings. Summary judgment is a "blunt instrument" that courts use with
caution. Donnay v. Boulware, 144 N.W.2d 711, 716 (Minn. 1966). Based on the evidence in the
record 5, the Court finds genuine issues of material fact exist precluding summary judgment on the
issues that remain. Material fact issues remain regarding whether subdivision 6 was satisfied by
Plaintiffs and violated by Defendants. Specifically, issues of genuine material fact remain
involving whether Aeon had support from “the owners of at least 51 percent of the manufactured
homes,” whether Aeon intended to “purchase the park for the purposes of keeping the park as a
manufactured housing community,” and whether Aeon’s offer met “the cash price and the same
terms and conditions set forth in the purchaser's offer.” See Minn. Stat. § 327C.095, subd. 6.
This Court cannot find that there are no genuine issues of material fact. Partial declaratory
summary judgment is not appropriate on the issues that remain.
J.R.K.
5 The court finds that the Defendants’ Joint Statement of Disputed Facts, together with the affidavits timely filed
with the court, make it clear that there are genuine disputes involving material facts in this case.
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TRUST FUND REPAYMENT AGREEMENT
THIS TRUST FUND REPAYMENT AGREEMENT (the “Agreement”) is effective
as of October ___, 2016 (the “Effective Date”) by and between THE VILLAGE, LLC, a
Minnesota limited liability company (the “Owner”) and the CITY OF SAINT ANTHONY
VILLAGE (the “City”). The Owner and the City may collectively be referred to as the
“Parties” or individually as a “Party.” The Parties agree and acknowledge that the
MINNESOTA HOUSING FINANCE AGENCY (“MHFA”) is an intended third-party beneficiary
of this Agreement.
RECTIALS
WHEREAS, the Owner is the fee owner of real property commonly known as 2501
Lowry Avenue, Saint Anthony, Minnesota (the “Property”) and currently operates a
Manufactured Home Park, as defined in Minn. Stat. § 327.01, subd. 5, at the Property known
as Lowry Grove (the “Park”);
WHEREAS, MHFA is the state agency that oversees the Minnesota Manufactured
Home Relocation Trust Fund (the “Trust Fund”);
WHEREAS, on June 15, 2016, the Owner provided the City with a Park Closure
Statement, which required the City to hold a public hearing as provided in Minn. Stat. §
327.095, Subd. 4 (the “Closure Hearing”) to review the closure statement and any impact that
the park closing may have on the displaced residents and the park owner and to appoint a
neutral third party to oversee requests from owners of manufactured homes in the Park for
payments from the Trust Fund under Minn. Stat. § 327.095;
WHEREAS, the City set the Closure Hearing for September 8, 2016 at 7 p.m.;
WHEREAS, shortly before the commencement of the Closure Hearing, the City
received correspondence from the MHFA and a representative from MHFA was invited to
speak at the outset of the Closure Hearing wherein the MHFA raised concerns about whether
the Trust Fund would be reimbursed as required under Minn. Stat. § 327.095 if the Owner did
not close Park;
WHEREAS, the City expressed concerns about the impact to the Trust Fund and
owners of manufactured homes in the Park if the Park is not closed;
WHEREAS, the City and the Owner desire to provide certainty that mobile home
owners in the Park that meet the eligibility requirements set forth in Minn. Stat. § 327.095 will
be able to receive payments from the Trust Fund; and
WHEREAS, the Owner desires to confirm that it will make reimbursement payments
to the Trust Fund as set forth in this Agreement whether the Park is closed or remains open.
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NOW, THEREFORE, in consideration of the parties’ mutual promises set forth in
this Contribution Agreement, the parties agree as follows:
1. Definitions. The definitions set forth in Minn. Stat. 327C.01 are expressly
incorporated into this Agreement for any term used herein that is defined in that
statute.
2. Recitals. The foregoing recitals are true and correct and incorporated herein by
reference.
3. Closure of Park. The Parties agree and acknowledge that the Owner has stated it will
close the Park March 15, 2017 and that the Owner is, therefore, requiring
manufactured home owners in the Park to relocate, which triggers potential payments
to owners of manufactured homes in the Park under Minn. Stat. §327.095 (“Trust
Payment”). The Owner waives any claim or defense that a manufactured home owner
was not required to relocate and therefore is not entitled to a Trust Payment if the Park
is not closed for any reason, including without limitation, a final ruling in the Court
case AEON v. Lowry Grove Partnership, LLP, Court File No. 27-CV-16-9809 (the
“Litigation”) that prevents Owner from closing the Park.
4. Payment to Trust Fund. The Owner agrees and confirms that when the Trust Fund
makes a Trust Payment, Owner is required to make payment to the Trust Fund in the
amounts and on the timelines stated in Minn. Stat. § 327C.095, Subd. 12 (the
“Reimbursement Payment”). Owner further confirms that it is required to and will
pay the Reimbursement Payment in the event that after the Trust Payment is made the
Park is not closed for any reason, including without limitation, a final ruling in the
Litigation that prevents the Owner from closing the Park.
5. Termination. In the event that the Owner determines that the Park will not be closed
and that no further relocation of manufactured home owners is necessary, the Owner
shall promptly notify the City and MFHA in writing. Once notice is sent as set forth in
Section 9 (“Termination Date”), no further Trust Payments shall be due. If a notice
is sent under this Section 5, Owner agrees to make Reimbursement Payments for any
Trust Payment made on or before the Termination Date.
6. Closure Hearing. The City agrees to reconvene the Closure Hearing at the earliest
opportunity consistent with the City Ordinance and Minn. Stat. § 327C.095, at which
time the City will fully and diligently conduct a public hearing in compliance with Minn.
Stat. § 327C.095, subd. 4 to closure.
7. No Admissions or Waiver. This Agreement shall be construed and is not (i) an
admission of wrong doing by any Party, (b) a finding by a Party that the other has acted
in accordance with State law or City ordinances, or (c) a waiver, release, or discharge of
any claim or defense that any Party may have that the other has not met a statutory
obligation.
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8. Third Party Beneficiary. The Parties agree and acknowledge that MHFA is an
intended third-party beneficiary of this Agreement and it is entitled to the rights and
benefits hereunder. As such, MHFA may enforce the provisions hereof as if it were a
party to the Agreement.
9. Notice. Any notice or election required or permitted to be given or served by any
party hereto upon any other shall be deemed given or served in accordance with the
provisions of this Agreement if said notice or election is to the parties, with copies, at
the addresses listed below, by one of the following methods: (a) delivered personally;
(b) sent by certified or registered mail; (c) sent by reputable overnight delivery service
designated for next business day delivery, with delivery charge prepaid; or (d) sent by e-
mail or facsimile transmission. Communications personally delivered will be deemed
received upon delivery, communications sent by certified mail will be deemed received
two (2) business days following the date of the postmark, communications sent by
overnight delivery will be deemed received on the next business day and
communications sent by e-mail or facsimile will be deemed received on the day sent if
sent on a business day before 5:00 P.M. Central Time. All other communications sent
by e-mail or facsimile will be deemed received on the first business day after they are
sent.
If to Owner : The Village, LLC
1907 Wayzata Boulevard
Suite 250
Wayzata, MN 55391
Attn: Traci Tomas
Email: ttomas@continentalpropertygroup.com
With a Copy to:
EntrePartner Law Firm, PLLC
807 Broadway Street NE
Suite 140
Minneapolis, MN 55413
Fax: 612.314.8002
Attn: Michael Mergens
Email: mike@entrepartnerlaw.com
If to City: Saint Anthony Village
3301 Silver Lake Road
Saint Anthony, MN 55418
Attn: Mark Casey
Email: mark.casey@ci.saint-anthony.mn.us
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With a Copy to:
Dorsey & Whitney LLP
50 South Sixth Street
Suite 1500
Minneapolis, MN 55402
Attn: Jay Lindgren
Email: Lindgren.Jay@dorsey.com
Any party hereto may change its address for the service of notice hereunder by giving written
notice of said change to the other party hereunder in the manner specified above.
10. General Provisions. This Agreement’s paragraph headings are for convenience only
and do not define, limit, or construe the paragraphs’ contents. This Agreement
represent the parties’ entire agreement about the subject matter of this Agreement. No
change or modification to this Agreement, nor any waiver of any provision of the
Agreement, will be valid unless made in writing and signed by the Party against whom
enforcement is sought. This Agreement, and all other agreements related hereto, shall
be construed in accordance with and governed by the laws of the State of Minnesota.
This Agreement may be executed in any number of counterparts, each of which will be
deemed an original, but all of which will constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly
executed and delivered as of the day and year first above written.
THE VILLAGE, LLC CITY OF SAINT ANTHONY VILLAGE
__________________________ _____________________________
By: Traci Tomas, Vice President By: Jerry Faust, Mayor
_____________________________
By: Mark Casey, City Manager
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CITY OF ST. ANTHONY VILLAGE
RESOLUTION 16-063
LOWRY GROVE MANUFACTURED HOME PARK CLOSURE PUBLIC HEARING
SEPTEMBER 8, 2016
WHEREAS, Minn. Stat. § 327C.095, subd. 3 requires a municipality receiving a manufactured
home park closure notice to hold a public hearing on the park closure; and
WHEREAS, the City of St. Anthony Code § 111.094 requires the City of St. Anthony to hold a
public hearing on a manufactured home park closure within 90 days of receiving a closure
statement concerning that park; and
WHEREAS, Minn. Stat. § 327C.095, subd. 4 requires that a public hearing concerning the
closure of a manufactured home park accomplish the following:
Review the closure statement;
Review and evaluate the impact the closure may have on displaced residents and the
park owner;
Inform displaced residents that they may be eligible for payments from the Minnesota
manufactured home relocation trust fund under Minnesota Statute § 462.A.035 as
compensation for reasonable relocation costs; and
Appoint a neutral third party to act as paymaster and arbitrator, with decision-making
authority to resolve any questions or disputes regarding any contributions to the trust
fund by the park owner and disbursements from the trust fund to home owners; and
WHEREAS, Minn. Stat. § 327C.095 directs the City to “review” the closure statement and does
not empower the City to determine the legal sufficiency of the closure statement; and
WHEREAS, Minn. Stat. § 327C.095, subd. 4, requires the City to appoint a neutral third party
that has been agreed upon by both the manufactured home park owner and manufactured home
owners, or to determine the appointment of a neutral third party if the parties cannot agree; and
WHEREAS, on June 15, 2016, the City of St. Anthony received from Continental Property
Group notice that it had purchased the Lowry Grove manufactured home park (“the Park”); and
WHEREAS, the notice also contained a closure statement indicating that Continental Property
Group intends to close the Park by March 15, 2017; and
WHEREAS, the City of St. Anthony City Council held a public hearing concerning the closure
of the Lowry Grove manufactured home park on September 8, 2016, which public hearing met
the requirements of Minn. Stat. § 327C.095, subds. 3, 4, and City of St. Anthony Code §
111.094;
THEREFORE BE IT RESOLVED, the closure statement concerning the Lowry Grove
manufactured home park has been reviewed, as required under Minn. Stat. § 327C.095; and
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FURTHER RESOLVED, the impacts of the closure of the Lowry Grove manufactured home
park on displaced manufactured home resident, and the manufactured home park owner have
been reviewed and evaluated; and
FURTHER RESOLVED, manufactured home residents have been informed of their potential
eligibility for payments from the Minnesota manufactured home relocation trust fund as
compensation for their reasonable relocation costs; and
FINALLY RESOLVED, _________________________________________________________
has been appointed neutral third party by agreement of the parties / determination of the Council
(underline one and strike the other) to act as paymaster and arbitrator, with decision-making
authority under Minn. Stat. § 327C.095, subd. 4, to resolve any questions or disputes regarding
any contributions to the trust fund by the park owner and disbursements from the trust fund to
home owners.
Adopted this 8th day of September, 2016.
____________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: ____________________________________
Mark Casey, City Manager
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NOTICE OF PUBLIC HEARING CONTINUATION
CITY OF ST. ANTHONY
STATE OF MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of St. Anthony, Hennepin
County, State of Minnesota, received a statement from the private owner of the Lowry Grove
Manufactured Home Park (“the Park”), Continental Property Group (“Continental”), communicating
Continental’s intention to close the Park, regardless of the outcome of any pending litigation over the
validity of its purchase of the Park. The City Council also received from Continental its agreement: 1) to
reimburse the Minnesota manufactured home relocation trust fund (“Trust Fund”) for relocation
compensation payments made to relocated residents up to the amounts and on the timelines provided in
Minn. Stat. § 327C.095; and 2) to waive any argument or claim challenging any compensation paid from
the Trust Fund to relocated residents, regardless of whether the Park is ultimately closed. In addition, the
Hennepin County District Court has issued an order ruling that Continental’s ownership of the Park, and
thus its right to close it, may not be invalidated even if the Court later decides that the sale of the Park to
Continental violated Minnesota’s manufactured home park closure statute. Therefore, in order to allow
for residents who will be relocated to receive prompt compensation, the City has determined that it is
appropriate to continue the public hearing required under St. Anthony Code Section 111.094 and
Minnesota Statutes Section 327C.095, subd. 4 that was held but not concluded on September 8, 2016.
NOTICE IS HEREBY GIVEN that the public hearing held on September 8, 2016 on the closure
of the Lowry Grove Manufactured Home Park will be continued to Tuesday, October 11, 2016, at
approximately 7:00 P.M. at the St. Anthony City Council Chambers in City Hall, 3301 Silver Lake Road,
Minnesota. The public hearing will: review the closure statement provided by Continental to residents
and home owners of the Park; review and evaluate impacts the planned closure may have on
manufactured home owners and on Continental; inform Park residents and home owners of their potential
eligibility for relocation compensation from the Minnesota Manufactured Home Relocation Fund (“the
Fund”) under Minnesota Statutes Section 327C.095, subdivision 13 and Minnesota Statutes Section
462A.035; and appoint a neutral third party to exercise decision-making authority and resolve questions
and disputes regarding contributions to and disbursements from the Fund.
All interested persons may appear at the hearing and present their views on the Park closure and
the neutral third party orally or prior to the meeting in writing.
Residents seeking information on the Minnesota Manufactured Home Relocation Fund may
contact the Minnesota Housing Finance Agency at 651-296-3617.
BY ORDER OF THE CITY COUNCIL OF
THE CITY OF ST. ANTHONY, MINNESOTA
/s/
City Manager
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K:\01626‐920\Admin\Docs\2014 II Grant Program\LTR‐hmcc‐091516.docx
September 15, 2016
Honorable Mayor, City Council, and Staff
C/O Mark Casey, City Manager
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony, MN 55418
Re: Resolution Accepting and Approving the Grant Agreement for the
MCES 2014 I/I Grant Program
St. Anthony Village, MN
Dear Honorable Mayor, City Council and Staff:
Attached for your consideration is a resolution authorizing the application for grant monies from the
Metropolitan Council of Environmental Services I/I Municipal Grant Program.
This program allows municipalities that have been identified as having excessive inflow and infiltration to
receive assistance with capital improvements completed between May 20, 2014 and October 30, 2016
that reduce the amount of inflow and infiltration. The MCES has indicated that the sanitary sewer
improvements associated with the City of St. Anthony’s 2014, 2015, and 2016 annual Street and Utility
Improvement Program qualify as capital improvements eligible under the I/I Municipal Grant Program.
I will be available to answer your questions at your October 11, 2016, Council Meeting, or you may call
me at (763) 287-7182.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, PE
City Engineer
Attachments
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ATTACHMENT 1-A
Attachment I-A
State of Minnesota
General Obligation Bond Financed
CERTIFICATION
The undersigned hereby certifies as follows:
This Certification is being submitted pursuant to the Waiver of Real Property Declaration
granted by Minnesota Management and Budget to Metropolitan Council for Municipal Publicly-
Owned Infrastructure Inflow/Infiltration projects or the portions thereof which lie entirely within
public road, street and highway rights-of-way and utility easements.
[Grantee] certifies that [Grantee] has read and will comply with the terms and conditions of
the Waiver of Real Property Declaration, a copy of which is attached to this Certification and
further, that the Governmental Program which is the subject of and described in the Municipal
Publicly-Owned Infrastructure Inflow/Infiltration Grant Agreement [No.________] between
[Grantee] and Metropolitan Council qualifies for the Waiver of Real Property Declaration.
The undersigned owns fee title to property and/or permanent easement and/or
other easement which meets the requirements of this Agreement for wastewater collection
purposes and/or permit for pipe in City of St. Anthony Village public right of way which meets
the requirements of this Agreement for wastewater collection purposes and a wastewater
collection system within the fee title, permanent easement, and/or the other easement and
wastewater collection system being located in Hennepin and Ramsey County, Minnesota. The
fee title property, permanent easement and/or other easement and the wastewater collection
system therein is referred to as “Restricted Property” and is described in Exhibit A attached
hereto by legal description, narrative description or diagram.
As the owner of the Restricted Property, the undersigned hereby acknowledges the
following restrictions and encumbrances with respect to the Restricted Property:
A. The Restricted Property is State bond financed property within the meaning of Minn.
Stat. § 16A.695 that exists as of the effective date of the grant agreement identified in
paragraph B below, is subject to the encumbrance created and requirements imposed
by such statutory provision, and cannot be sold, mortgaged, encumbered or otherwise
disposed of without the approval of the Commissioner of Minnesota Management and
Budget, or its successor, which approval must be evidenced by a written statement
signed by said commissioner and attached to the deed, mortgage, encumbrance or
instrument used to sell or otherwise dispose of the Restricted Property; and
B. The Restricted Property is subject to all of the terms, conditions, provisions, and
limitations contained in the G.O Grant agreement between Metropolitan Council and
[Grantee], dated _________, ____.
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ATTACHMENT 1-A
The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond
Financed Declaration for as long as the G.O. Grant Agreement is in force and effect; at which
time it shall be released therefrom by way of a written release in recordable form signed by both
the Metropolitan Council and the Commissioner of Minnesota of Management and Budget, or
their successors, and such written release is recorded in the real estate records relating to the
Restricted Property. This Certification may not be terminated, amended, or in any way modified
without the specific written consent of the Commissioner of Minnesota of Management and
Budget, or its successor.
SIGNATURE BLOCK AND ACKNOWLEDGMENT
[Grantee]
By: ______________________________
Title: ____________________________
Dated: ___________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
On the _____________ day of ________________, 2016, before me a notary
public within and for said County, personally appeared ____________, named in the forgoing
instrument as the __________________of [Grantee] and acknowledged said instrument was
signed on behalf of said [Grantee] .
_________________________________
Notary Public
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-074
A RESOLUTION ACCEPTING AND APPROVING THE GRANT AGREEMENT
BETWEEN THE CITY OF ST. ANTHONY VILLAGE AND THE
METROPOLITAN COUNCIL OF ENVIRONMENTAL SERVICES FOR THE
IMPROVEMENT OF PUBLICALLY OWNED INFRASTRUCTURE
(MCES Agreement #SG_________)
WHEREAS, the Minnesota Legislature has appropriated to the Metropolitan Council of
Environmental Services (MCES) in the 2014 State Bonding Bill, $2,000,000 for a
grant program to be administered by the MCES for the purpose of providing grants
to municipalities for capital improvements to public municipal wastewater collection
systems to reduce the amount of inflow and infiltration to the MCES metropolitan
sanitary sewer disposal system (I/I Municipal Grant Program).
WHEREAS, the MCES has identified the City of St. Anthony Village as a contributor of
excessive inflow and infiltration to the MCES metropolitan sanitary sewer disposal
system and thus an eligible applicant for grant funds under the I/I Municipal Grant
Program.
WHEREAS, grant monies will be awarded to pre-approved municipalities for a pre-determined
amount up to 50% of eligible improvements completed between May 20, 2014 and
October 30, 2016.
WHEREAS, The City of St. Anthony Village has submitted an application to the Metropolitan
Council of Environmental Services (MCES) for grant funding for improvements to
the publically owned sanitary sewer system to reduce inflow and infiltration; and
WHEREAS, The MCES has determined to contribute one-half of the actual amount of eligible
expenses during the grant activity period up to an estimated Preliminary Minimum
Allocation (PMA) of $25,000. In addition to the PMA an additional Final
Reimbursement Amount (FRA) will be allocated proportionally to grant participants,
determined based on eligible project expenses submitted and available remaining
grant program funds.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony
Village that:
1. The City of St. Anthony Village has budgeted and completed the City’s portion
of the improvements as set forth in the agreement; and
2. The City Council agrees to accept and approve the Grant Agreement between the
City of St. Anthony Village and the Metropolitan Council of Environmental
Services; and
3. The City Council hereby authorizes the City Manager and the City Clerk to
execute said Agreement for and on behalf of the City of St. Anthony Village.
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Adopted this 11th day of October, 2016.
_________________________________
Jerome O. Faust, Mayor
ATTEST: ____________________________
Nicole Miller, City Clerk
Review for Administration: ________________________________
Mark Casey, City Manager
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-075
A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WASTE
HAULER ACCOUNTS TO THE 2017 HENNEPIN COUNTY TAX ROLLS
WHEREAS, waste hauler records for the City of St. Anthony identify certain delinquent charges and
waste hauler accounts as of October 06, 2016; and
WHEREAS, the owners of record of the properties served by each delinquent account have been notified
of the delinquency according to the legal requirements of the ordinance 33.107; and
WHEREAS, the delinquent charges may be assessed under Minnesota Statutes §429.101 and 444.075 that
authorize certification of such delinquent charges to the County tax rolls for collection; and
WHEREAS, pursuant to proper notice duly given to the owners of record as required by law, the City has
met the requirements for the assessment of these delinquent waste hauler charges.
NOW, THEREFORE, BE IT RESOLVED that:
1) the special assessment of delinquent waste hauler accounts is hereby adopted and certified as
Levy No: 19447 for the attached properties and amounts:
2)The special assessments as adopted shall be payable with collectible ad valorem taxes in 2017,
with interest thereon at eight (8) percent per annum, and shall bear interest from the entire period of
November 1, 2016 through December 31, 2017.
3)The City Clerk shall transmit a certified copy of this assessment to the County Auditor to be
extended to the proper tax lists to the county, and such assessments shall be collected and paid over
the same manner as other municipal taxes.
Adopted this 11th day of October, 2016.
_________________________________
Jerome O. Faust, Mayor
ATTEST: ____________________________
Nicole Miller, City Clerk
Review for Administration: ________________________________
Mark Casey, City Manager
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HENNEPIN COUNTY
NAME ADDRESS PID AMOUNT
MONTAGUE, MARIA 3513 MAPLEWOOD DR 0602923110087 125.92$
TOMLINSON, CHRISTINE & ERIC 2820 SILVER LAKE RD NE 0702923210007 125.92$
SELSBACK, BURT & GAYLE 2800 33RD AVE NE 0602923310095 142.34$
MANSON, NANCY 3421 SKYCROFT CIR 0602923140054 142.34$
KALLIO, BRIAN 2816 SAINT ANTHONY BLVD 0702923210067 142.34$
CARAM, MARIA 3301 WENDHURST AVE 0602923120062 142.34$
MCDONALD, MIKE & KAREN 3409 DOWNERS DR NE 0602923110068 142.90$
PETERSE, PERRY 3212 29TH AVE NE 0702923120005 161.93$
SMITH, BETH 2521 33RD AVE NE 0602923230070 172.58$
BOIE, JULIE 3149 STINSON BLVD 0602923320059 175.80$
PIKE, PAM 2909 STINSON BLVD 0602923330052 187.58$
WAXLER, KELLY 3326 BELDEN DR NE 0602923240063 187.58$
JACOBS, MICHELE 3316 SKYCROFT CIR 0602923140096 190.07$
LHAMO, TENZING 3013 HARDING ST NE 0602923340015 241.85$
WLRSAMI, FOSIYO 3226 29TH AVE NE 0702923120052 145.77$
MOSES, CHRISTINE 3308 TOWNVIEW AVE NE 0602923420093 354.96$
WESTLUND, BARB 3213 RANKIN RD 0602923410091 373.69$
YANG CHIH ONG, ERIC 3001 29TH AVE NE 0602923430057 425.36$
GOTH, CHRISTOPHER 3006 CROFT DR 0602923440051 140.82$
HEATHER MUDGE 3640 ROOSEVELT ST NE 0602923220124 71.19$
GORSHE RESIDENCE 2909 36TH AVE NE 0602923210055 120.87$
Total 3,914.15$
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-076
A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WASTE
HAULER ACCOUNTS TO THE 2017 RAMSEY COUNTY TAX ROLLS
WHEREAS, waste hauler records for the City of St. Anthony identify certain delinquent charges and
waste hauler accounts as of October 06, 2016; and
WHEREAS, the owners of record of the properties served by each delinquent account have been notified
of the delinquency according to the legal requirements of the ordinance 33.107; and
WHEREAS, the delinquent charges may be assessed under Minnesota Statutes §429.101 and 444.075 that
authorize certification of such delinquent charges to the County tax rolls for collection; and
WHEREAS, pursuant to proper notice duly given to the owners of record as required by law, the City has
met the requirements for the assessment of these delinquent waste hauler charges.
NOW, THEREFORE, BE IT RESOLVED that:
1) the special assessment of delinquent waste hauler accounts is hereby adopted and certified as
Levy No: 812016102 for the attached properties and amounts:
2)The special assessments as adopted shall be payable with collectible ad valorem taxes in 2017,
with interest thereon at eight (8) percent per annum, and shall bear interest from the entire period of
November 1, 2016 through December 31, 2017.
3)The City Clerk shall transmit a certified copy of this assessment to the County Auditor to be
extended to the proper tax lists to the county, and such assessments shall be collected and paid over
the same manner as other municipal taxes.
Adopted this 11th day of October, 2016.
_________________________________
Jerome O. Faust, Mayor
ATTEST: ____________________________
Nicole Miller, City Clerk
Review for Administration: ________________________________
Mark Casey, City Manager
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RAMSEY COUNTY
NAME ADDRESS PID AMOUNT
KOLHOFF, TERESA 3102 39TH AVE NE 313023430012 363.90$
HAWS, ANN 4017 SHAMROCK DR NE 313023420042 365.62$
BENSON, JOHNNY 3306 39TH AVE NE 313023430035 145.73$
DAVIS, HALLIE 3928 FORDHAM DR NE 313023420013 135.86$
JOHNNY L. BENSON 3306 39TH AVE NE 313023430035 640.55$
Total 1,651.66$
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88
Date Type Staff Present
October 25 Regular
Quarterly Goals Update
Dog Licensing City Council
City Manager
October 31 Special
5:30 p.m.Worksession City Council
City Manager
November 2 Special
5:30 p.m.Worksession-Interview Workgroup City Council
City Manager
November 8 Regular
8:00 pm
Award Constract for Construction HSIP
Sheriff Bostrom
Community Center Lease
City Council
City Manager
November 22 Regular
Planning Commission items from October
Fire Prevention Poster Winners
City Council
City Manager
Finance Director
Fire Dept
November 29 Special
5:30 p.m.Joint Meeting with School Board City Council
City Manager
November 29 Special
7:00 p.m.Worksession-Interview Commissioners City Council
City Manager
December 13 Regular
Planning Commission items from November
Appoint Parks and Planning Commissioners and Chair/Vice Chairs
Setting Salary of City Manager
Authorizing Transfers & Closing of Specified Funds
Setting the 2017 City & HRA Budgets and Final Property Tax Levy -Public Hearing
2017 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids
2017 Fee Schedule
City Council
City Manager
Finance Director
December 27 Regular
City Council
City Manager
January 10 Regular
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January 19 & 20 Special Goal Setting
City Council
City Manager
Department Heads
FUTURE COUNCIL AGENDA ITEMS
2016
2017
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
January 24 Regular
2017 Parks Commission Work Plan- (motion only)
2017 Planning Commission Work Plan-(motion only)
Presentation-Northeast Youth and Family Services
Northeast Youth and Family Services Agreement
City Council
City Manager
February 14 Regular
Planning Commission items from January
Administration Annual Report
2017 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments,
Order Preparation of Assessments
Ordinance Setting Water & Sewer Rates for 2017 - 1st Reading-Public Hearing
City Council
City Manager
City Engineer
February 28 Regular Ordinance Setting Water & Sewer Rates for 2017 - 2nd Reading City Council
City Manager
March 14 Regular
Fire Relief Ratifying Pension Benefit
Planning Commission Items from February
Liquor Annual Report
Fire Annual Report
2017 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction, Call for Sale of GO Bonds
2017 Strategic Plan (motion only)
Liquor License Renewals
GreenCorp Member application-resolution
Ordinance Setting Water & Sewer Rates for 2017 - Final Reading
City Council
City Manager
Fire Dept
Liquor Op Manager
March 28 Regular
Public Works Annual Report
Police Annual Report
2017 Street Project Call for Sale of Bonds
City Council
City Manager
Public Works Director
Police Dept
April 11 Regular
Planning Commission Items from March
Quarterly Donations & Grants
Finance Annual Report
City Council
City Manager
Finance Director
April 25 Regular
Arbor Day Proclamation
1st Quarter Goals Update
Public Hearing-Budget Calendar
Spirit of St. Anthony Award
City Council
City Manager
Finance Director
May 9 Regular 2017 Street Project Bond Sale and Award of Bonds City Council
City Manager
May 23 Regular
Salo Park Concert Series
Insurance Renewal
Tort Limits - Consent
City Council
City Manager
June 13 Regular Planning Commission Items from May
Order Feasibility Report for 2018 Street Project
City Council
City Manager
City Engineer
June 27 Regular Audit Presentation City Council
City Manager
Finance Director
90
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
July 11 Regular
Planning Commission items from June
Quarterly Donations & Grants
Quarterly Goals Update
VillageFest Presentation
City Council
City Manager
Liquor Op Mgr
July 25 Regular
Night to Unite Presentation
Night to Unite Proclamation
Liquor Operations Mid Year Report
City Council
City Manager
Police Chief
August 8 Regular
8:00 p.m.
Planning Commission items from July
SANB #282 Presentation
City Council
City Manager
August 22 Regular Budget Presentation
Approval of 2018 Street & Utility Recon Fesibility Study
City Council
City Manager
Finance Director
City Engineer
September 12 Regular
Planning Commission items from August
2018 Preliminary Operating Budget and Levy-Public Hearing
Kiwanis Peanut Day
City Council
City Manager
Finance Director
September 26 Regular Fire Prevention Presentation
Sheriff Bostrom
City Council
City Manager
Fire Dept
October 10 Regular
Planning Commission items from September
Quarterly Donations & Grants
Certification of Delinquent Utility Accounts-Consent Agenda
Certification of Delinquent Waste Hauler Accounts-Regular Agenda
City Council
City Manager
91