HRA Agenda 01-15-1992i
AGENDA
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
Wednesday, January 15, 1992 - 7:OOPM
City Hall
MEMBERS: Chairperson Al Larson, Ben Smith, Lowell Schrupp,
Everette Ellison, and Tom St. Hilaire.
STAFF: Rick Wolfsteller, Jeff O'Neill, and 011ie Koropchak.
GUEST: Paul Weingarden, City Attorney
Kevin Schmitz, Prestige Builders
Ken Maus, Mayor
1. CALL TO ORDER.
2. CONSIDERATION TO APPROVE THE DECEMBER 6, 1991 HRA MINUTES.
3. CONSIDERATION TO HEAR ATTORNEY WEINGARDEN REVIEW THE PROPERTY
TAX FORFEITURE PROCEDURE.
{. CONSIDERATION TO HEAR KEVIN SCHMITZ PRESENT THE COTTEGE HOME
HOUSING CONCEPT.
5. CONSIDERATION TO ELECT 1992 HRA OFFICERS: CHAIRPERSON AND
VICE CHAIRPERSON.
8. CONSIDERATION TO REVIEW THE HRA CENTRAL MONTICELLO
REDEVELOPMENT PROJECT AREA AND TIF DISTRICT AREAS.
7. CONSIDERATION TO REVIEW BDS, INC. BILLING.
8. CONSIDERATION OF PROJECT UPDATES.
9. OTHER BUSINESS.
10. ADJOURNMENT.
MINUTES
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
Wednesday, December 4, 1991 - 7:OOPM
City Hall
MEMBERS PRESENT: Chairperson Al Larson, Ben Smith, Lowell
Schrupp, Everette Ellison, and Tom St.
Hilaire.
STAFF PRESENT: Rick Wolfsteller and 011ie Koropchak.
STAFF ABSENT: Jeff O'Neill
GUEST PRESENT: Mayor Ken Maus
Pat Pelstring and Lenny Kirscht, EDS, INC.
CALL TO ORDER.
Chairperson Larson called the HRA meeting to order at 7:o0PM.
2. CONSIDERATION TO APPROVE THE NOVEMBER 5, 1991 HRA MINUTES.
Ben Smith made a motion to approve the November 8, 1991 HRA
minutes, seconded by Tom St. Hilaire, and with no corrections
or additions the minutes were approved as written.
3. CONSIDERATION TO HERR OF THE RESEARCHED INFORMATION ON THE
GILLE PROPERTY TAX FORFEITURE.
The HRA reviewed the information provided with the agenda on
property tax statue of the Oille property. The Gille property
of 1.77 acres (previous gas station site) has been forfeited
to the State of Minnesota. Delinquent taxes date back to
prior 1952 and total 814,330.83. The Gille property of 1.03
acres reverted back to Alice Carlson and all taxes are current
and paid -in full. Koropchak reviewed the tax forfeiture
process as described by Darla Groshens, Wright County
Auditor/Treasurer, with NRA members.
The LIRA questioned if that meant Oille was completely out -of -
the picture or if later he would be offered a recourse to the
property; if the property is currently owned by the State, is
the State liable for the cleanup; and who actually receives
the money from the sale of the property. It was Mr.
Pelotring'o opinion that the lend value and assessments are
pro -rated by the government bodies and county retains any
excess dollars (lees expenditures) as this is deemed as a
public purpose or an indirect purpose. Mayor Maus recommended
property tax forfeiture as a good topic for a Leaque of
Minnesota seminar.
HRA MINUTES
12-4-91
With the given information on the Petrofund and the LUST
Trust, it appears that if the PCA guidelines are followed
monies are available for clean-up reimbursement. However,
tank removal and sampling costs do not qualify as
reimburseemnt costs and these costs are estimated to be
between $30,000 to $50,000.
It was Mayor Maus' opinion that the NRA should earmark this
area as a redevelopment project goal and recognize that
redevelopment means just that "redevelopment" (clean-up,
demolition, and/or acquisition) and sometimes redevelopment
costs become a little greater than one would like, as in the
example of the downtown redevelopment project. This area of
property is currently zoned R-2 (Single and Two Family
Residential)• All individuals agreed that this area appears
to be the most substandard (blighted) property within the city
limits. It was agreed upon to keep abreast of the area
property's status (Dille, Katzmarek, Carlson) and to contact
the State of the need to clean-up the area.
The HRA made a recommendation to obtain information on the
property tax forfeiture process and process length from the
City Attorney, if the State is the current and legal owner of
the Dille property, and if Dille is entitled to a recourse of
the property and if so, what Is the time period on the
recourse. In the meantime, the properties lie within the
Central Monticello Redevelopment project area where excess
increment can be expended. In the future, the NRA may wish to
consider a twenty-five year district for the Katzmarek, Gills,
Carlson, West Prairie Partnership, and Monticello Kids Are
People, Too properties. The district would need to be
certified prior to any issuance of a building permit and would
allow the HRA to collect the district's tax increment.
Communications with Carlson and Katzmarek may lead to a
willing sale and/or relocation.
CONSIDERATION TO REVIEW THE ANNUAL BILLING OF ODS, INC,
Pat Pelstring acknowledged the marketing and duplicate fees of
$480 charged the HRA and granted a credit -due to the HRA
account. Mr. Pelstring further explained that ODS normally
bills on a time system but accepted the HRA's desire to be
billed monthly. The NRA expressed their want to understand
the billing system and wanted it understood they were not
questioning the work provided by BDS, Inc.
The HRA understood if a project did not go, no payment would
be made. Mr. Pelstring explained that Monticello is the only
community who is not charged for marketing. The establishemnt
of a TIP district is a flat fee of $3,850 and has no hourly
HRA MINUTES
12-4-91
fees attached as does packaging and other funding application
services. When a HRA resolution is adopted the NRA gives
authorization for establishment a TIP Plan and District
therebye calling for the 30 day jurisdiction notice, City
Council Public Hearing and approval, and certification by the
county. The Shingobee District has held it's public hearings
but will not be certified by the county until a tenant is
found; however, the HRA has a $5,000 commitment check from
Shingobee for such expenditures and Mr. Pelstring agreed to a
TIF holdback fee of $1,925. Inorder to avoid a future
situation as with the Axoplax TIF project, it was for this
reason, the HRA last month agreed with the concept of the
Letter of Intent as prepared by Holmes & Graven.
CONSIDERATION TO DISCUSS FOR POSSIBLE AUTHORIZATION OF POLICY
RECOMMENDATIONS MADE BY BDS. INC. BASED ON THE TIP FINANCIAL
ANALYSIS.
Mr. Pelstring informed the HRA of the adjusted TIF Financial
Analysis with the accountability of bond debt for TIB
District No. 1-2. For the life duration of the first ten HRA
TIP Districts, the estimated excess increment is a little over
one million dollars. This accounts for a 10% administrative
expenditure and a 5% excess bond reserve fund. Mr. Pelstring
sees the analysis as a good management tool for the HRA and
recommends the analysis to be completed every couple of years.
The first policy discussed by the HRA was the authorization of
a 10% administrative expenditure policy. Mr. Pelstring
explained that the HRA has the legal right to authorize an
expenditure policy of 101 over and above TIF project costs.
As illustrated on the finanical analysis for year 1991, the
administrative expenditure of 928,000-$27,000 has been
deducted from the excess increment column. According to Mr.
Pelstring, moot of the time this operating expense account
(administrative expense) is used for legal fees, housing or
marketing studies, development costs, or other operating
expenses not covered in a TIP budget. HRA approval would
still be required prior to actual expenditure.
Administrator Wolfeteller informed members that Koropehak HRA
salary and operating expenditures is accounted for under the
City's HRA general operating expenses. Wolfeteller asked, if
the HRA could pay off bond debts prior to the and of a
district's life duration and still collect the full increment.
Pelstring answered, yes, Monticello has a master district plan
known as the Central Monticello Redevelopment Plan which
allows for flexibility. Because of the plan, the HRA has one
HRA MINUTES
12-6-91
debt obligation or the HRA has the option to return a district
back to the jurisdictions. Any outstanding city loans can be
paid off.
The HRA still felt that if the 10% administrative expenditure
policy was authorized this would allow the City greater
opportunity to spend the monies, although, they understood the
need for final HRA approval even with policy authorization.
Additionally, the HRA recognizes they still have the
opportunity to approve any operating expenditures, not covered
by the TIP budget, without this policy. Tom St. Hilaire made
a motion to deny authorization of a 10% administrative
expenditure policy, and to approve the authorization of an
additional 5% debt service reserve policy and of a negotiated
payback policy for the loans on Lots 5 & 6, Oakwood Industrial
Park. Lowell Schrupp seconded the motion. Ben Smith felt
further discussion was needed prior to approval of the
additional 5% debt service reserve policy and negotiated
payback policy. Tom St. Hilaire requested amendment of the
previous stated motion and restated the motion to deny
authorization of a 10% administrative expenditure policy. The
amendment and motion was seconded by Ben Smith and without
further discussion passed unanimously.
The 11RA proceeded to discuss the second policy of an
additional 5% debt service reserve. Mr. Pelstring informed
members that the HRA/City is required by law to guarantee bond
debt payment. Through the Pledge Agreement between the HRA
and the City, the City agrees to sell the bonds and agrees the
bond revenues will be available for payment of HRA coats
Incurred, and the HRA agrees to transfer increment for deposit
in an amount equal to 105% of the annual bond payment due.
Generally, the Development Agreement covers defaults, tax
increment guarantees, and minimun estimated market values.
This proposed policy would authorize the addition of an
accumulating 5% debt service reserve for future potential
defaults and/or slow payment of taxes. The NRA felt it wise
to establish this rainy day account. Everette Ellison mode a
motion to approve authorization of an additional 5% debt
service reserve policy. Seconded by Tom St. Hilaire and
without further discussion the motion passed unanimously.
The third policy discussed by the HRA was the negotiated
payback policy for the loans on Lots 5 & 6, Oakwood Industiral
Park. It was the members agreement that a negotiated payback
for the remaining balance of the HRA loans from the City for
Lots 5 & 6 be authorized. Negotiated terms for the remaining
$136,000 balance were recommended at an 8% interest rate over
ten years for an approximate annual debt service payment of
$20,000 commencing in 1992. Lowell Schrupp made a motion to
HRA MINUTES
12-d-91
approve authorization of the above recommended loan payback
terms and policy. The annual $20,000 payback to the City to
be expended from the HRA excess increment fund. The motion
was seconded by Everette Ellison and without further
discussion the motion passed unanimously.
The HRA members recommended the TIF Financial Analysis be
completed annually by BDS, Inc., as it serves as a useful tool
for the members.
CONSIDERATION OF AN AROPLAX UPDATE.
Koropchak informed the HRA members that the $100,000 Central
Minnesota Initative Fund (CMIF) request for the Aroplax
project was reduced to a $30,000 potential and more equity was
requested by the CMIF Board. The requested $200,000 State
Economic Recovery Grant required a funding application to the
CMIF prior to consideration of the state's monies. The total
$936,000 package still needs approval of an additional $25,000
from the Greater Monticello Enterprise Fund. A Monticello
location commitment from Aroplax is depended on the state's
willingness to participate and the financial package offered
by Brooklyn Park. Mr. Pelstring felt the City of Monticello
has offered a good financial package to Aroplax.
CONSIDERATION TO INVITE PRESTIGE BUILDERS TO AN HRA MEETING.
At the Expo, Al Larson spoke to the Prestige Builders
representative regarding the HRA's concept for elderly
housing. This St. Cloud company has a similiar concept in the
development stage for another community and is willing to
share their information with the Monticello HRA. With the
next HRA meeting scheduled for Now Year's Eve, the HHA members
agreed to meet on the 15th of January at 7:OOPM and to invite
a representative from Prestige Builders to attend. HRA
members requested Prestige Builders' concept information be
mailed out prior to their meeting.
OTHER BUSINESS.
Koropchak briefly informed the HRA of Ultra Pack, Inc. and
their expansion plane. This start-up company, a subsidiary of
Ultra Pack, Inc., would recycle plastic coca -cola bottles and
the by-product (PETE) will be used at the main facility to
produce food containers and lids. The company has an equity
of four million dollars for this expansion and for expansion
of a 60,000 sq ft addition to their main facility. The
subsidiary company's plans are for a 20,000 eq ft metal
building ;very basic) with a concrete floor and insulated
ceiling and walls. Job creation of 15-20 at $6.00 to $6.50
HRA MINUTES
12-d-91
wages. Koropchak marketed the Shingobee/TSF proposals,
however, the company does not plan to invest that kind of
money in their facility. Eetiaated project cost for land,
building, and machinery is 91,000,000.
The HRA recommended giving Lot 5 to the company with the
condition to dress up the outside of the building with
decorative brick and other so necessary conditions. Koropchak
reminded the HRA that this project's estimated taxes and jobs
created are not as great as the Maid of Scandia project.
With no go ahead on the Scandia project, the HRA agrees Lot S
continues to be a liability and encourages development of the
property for some immediate benefits. This type of recycling
process may lead to other developments.
9. ADJOURNMENT.
Everette Ellison made a motion to adjourn the HRA meeting,
seconded by Tom St. Hilaire, the meeting adjourned at 9:20 PM.
011ie Koropchak, HRA Executive Director
C
January 27, 1992
Ms. 011ie KmWchak
City of Monticello
250 East Broadway
P.O. Box 1147
Monticello, MN 55362
Business Development Services, Inc.
STATEMENT
Consulting Services --December 16, 1991 Mmo January 16, 1992
Aroplax Hours
1/9/92
LPK—Follow-up with Jerry Schoen; Carol Presley -Olson and 011ie 1.25
1/10/92
LPK—Jerry Schoen and 011ie Koropchak 1.25
1/15/92
LPK—Jerry Schom re: Monticello; Dave Hardie, CMW LU
Total Hours 3.75
Net Chargeable Hours ® S75/Hour 1281.25
TOTAL AMOUNT DUE 1281.25
Mam QmwLV OVER OVER 90
1281.25
TERMS: NET DUE UPON RECEIPT, 1.33% PER MONTH SERVICE CHARGE ON
PAST DUE ACCOUNTS
8990 Sonnpmk OnvesSuna 73011Mhvandis, MN 5543311Phone:81278M151aFax' 788.9034
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As
HRA AGENDA
1-15-92
CONSIDERATION TO HEAR ATTORNEY WEINGARDEN REVIEW THE PROPERTY
TAX FORFEITURE PROCEDURE.
A. REFERENCE AND BACKGROUND.
As recorded in the minutes, the HRA recommended obtaining
Information on the property tax forfeiture process and process
length from the City Attorney, if the State Is the current and
legal owner of the Gille property, and if Gills is entitled to
a recourse of the property and if so, what is the time period
on the recourse.
Enclosed are excerpts from Minnesota Statutory 282 inwhich you
may wish or may not wish to review prior to our meeting. Mr.
Weingarden will be present to give comment and answer your
questions.
The County called Friday, January 10 for location and
historical information of the Gills property and plan to view
the property to determine status of the underground tanks.
The County Is required to notify the Pollution Control Agency
(PCA).
232.01 TA%-FORFF.rTED 1w.ND SAILS
CHAPTER 282
TA.�t-FORFEITED LAND SALES
CLASSMCA TION OF LAND
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CLSSSIFICATIONOFI ND
6660
,1
282.01 TAX -FORFEITED LANDS.
Subdivision 1. Chuslflndm. It is the general policy of this state to encourage the
best use of tax -forfeited lands, recognizing that some lands in public ownership should
be rewned and managed for public benefit while other lands should be returned to
private ownership. Parcels of land becoming the property of the state in trust under law
declaring the forfeiture of lands to the state for taxes shall be classified by the county
board of the county in which the parcels lie as conservation or nonconservation. In
makinithe classification the board shall consider thepresent use of adjacent lands, the
productivity of the soil, the character of forest or other growth, accessibility of lands
to established mads, schools, and other public servicn, their peculiar suitability or
deasrabdity for particular uses and the suitability of the forest resources on the land for
multiple use, sustained yield management. The clustficatuon, furthermore, must
encourage and foster a mode of land utilization that rill facilitate the economical and
adequate provision of transportation, roads, water supply, drainage, sanitation, educa•
tion. and recreation: facilitate reduction of govemmental expenduu= conserve and
:s
,(f
'i
1ys; TAX -FORFEITED LAND SALES 221.01 j
1 ,
develop the natural resources: and foster ana develop agriculture and other industries ;.•
in the districts and places best suited to them.
In making the classification the county board may use information made available i J -
by any office or department of the federal, state, or local governments. or by any other
person or agency possessing pertinent information at the time the classification is made.
The lands may, be reclassified from time to time as the county board may consider nec-
essary or desirable, except for conservation lands held by the state free from any trust
is favor of any taxing district.
If the lands are located within the boundaries of an organized town, with taxable
valuation in excess of 520.000, or incorporated municipality, the classification or ry-
reclassification and sale must first be approved by the town board of the town or the
governing body of the municipality in which the lands are located. The town board of
the town or the governing body of the municipality is considered to have approved the f
classification or reclassification and sale if the county board is not notified of the disap-
proval of the classification or reclassification and sale within 90 days of the date the - ,y
request for approval was transmitted to the town board of the town or governing body
of the municipality. If the town board or governing body desires to acquire any parcel
lying in the town or municipality by procedures authorized in this subdivision, it must
file a written application with the county board to withhold the parcel from public We.
The application must be filed within 90 days of the request for clMification or reclassi-
6cation and sale. The county board shall then withhold the parcel from public sale for 7
one year. '
Subd. la. Conveyance, generally. Tax -forfeited lands may be sold by the county
board to an organized or incorporated governmental subdivision of the state for any t
public purpose for which the subdivision is authorized to acquire property or may be
released from the trust in favor of the taxing districts on application of a state agency 3�
for an authorized use at not less than their value as determined by the county board. 7.
The commissioner of revenue may convey by deed in the name of the state a tract of u
tax -forfeited land held in trust in favor of the taxing districts to a governmental subdivi-
sion for an authorized public use, if an application is submitted to the commissioner ? 1
which includes a statement of facts as to the use to be made of the tract and the need
therefor and the recommendation of the county board.
Subd. Ib. Conveyance: targeted neighborhood lands. (a) Notwithstanding subdivi.
sion la, in the case of tax-forfeued lands located in a targeted neighborhood- as defined '
in section 469.201, subdivision 10, outside the metropolitan area, as defined to section I
473.121, subdivision 2, the commissioner of revenue may convey by deed in the name
of the state any tract of tax -forfeited land held in trust to favor of the taxing districts,
to a political subdivision that submits an application to the commissioner of revenue
and the recommendation of the county board.
(ol Notwithstanding subdivision la, in the case of tax -forfeited lands located in
a targeted neighborhood, as defined in section 469 201, subdivision 10, in a county in
the metropolitan area. as defined in wciton 473.121, subdivision 2, the commissioner
e the of revenue shall convey by deed 1n the name of the state any tract of tax-forfetted land
,ould held in trust in favor of the taxing districts, to a political subdivision that submits an
.d to application to the commissioner of revenue and the county hoard.
r law In The application under paragraph (a) or (h) must include a statement of facts
unty i as to the use to be made of the tract, the need therefor, and a resolution, adopted by
n.In the governing body of the political subdivision. finding that the conveyance of a tract
the of tat-forfeued land to the political subdivision is necessary to provide for the redevel-
ands opment of land as productive taxable property.
1y or Subd. Ic. Deed of eomeyance. The deed of conveyance must be on a form
d for ' approved by the attorney general and must be conditioned on continued use for the
must purpose stated to the application. If, however, the governing holy of the governmental
I and subd1s'ision by resolution determines that some other public use should be made of the
Luca- lands, and the change of use is approved M the county board and an application for
: and change of use is made in. and approved by, the commissioner, the changed use may he
283.01 TAX-F(HIfEtTED LAND SALES 604
made without conveying the lands back to the state and securing a new conveyance for
the new public use.
Subd. Id. Failure to usr- conveyance to state. When a governmental subdivision to
which tax -forfeited land has been conveyed fora specified public use as provided in this
section fails to put the land to that use, or to some other authorized public use as pro-
vided to this section, or abandons that use, the governing body of the subdivision shall
authorize the proper officers to convey the land, or the pan of the land not required
for an authorized public use, to the state of Minnesota. The officers shall execute a deed
of conveyance immediately. The conveyance is subject to the approval of the commis-
sioner and its form most be approved by the attorney general. A sale, lease, transfer,
or other conveyance of tax -forfeited lands by a housing and redevelopment authonty.
a port authority, an economic development authority, or a city as authorized by chapter
469 is not an abandonment of use and the lands shall not be recorveyed to the state
nor shall they revert to the state. A certificate made by a housing and redevelopment
authority, a pon authority, an economic development authority, or a city referring to
a conveyance by it and stating that the conveyance has been made as authorized by
chapter 469 may be filed with the county recorder or registrar of tides, and the rights
of reverter in favor of the state provided by subdivision le will then terminate. No vote
of the people is required for the conveyance.
Subd. le. Reversion. If the tax -forfeited land is not conveyed to the state in accor-
dance with subdivision Id, the commissioner of revenue shall by written instrument.
in form approved by the attorney general, declare the land to have reverted to the state.
and shall serve a notice of reversion, with a copy of the declaration, by « nified mail
upon the clerk or recorder of the governmental subdivision concerned. No declaration
of reversion shall be made earlier than five years from the date of conveyance for failure
to put land to the use specified or from the date of abandonment of that use if the lands
have been put to that use. The commissioner shall file the original declaration in the
commissioner's office. with verified proof of service. The governmental subdivision
may appeal to the district court of the county in which the land lies by filing with the
coun administrator a notice of appeal, specifying the grounds of appeal and the descrip-
tion of the land involved, mailing a copy of the notice of appeal by certified mail to the
commissioner of revenue. and filing a copy for record with the county recorder or regis-
trar of titles, all within 30 days after the mailing of the notice of reversion. The appeal
shall be tried by the court in like manner as a civil action. If no appeal is taken as pro-
vided in this subdivision, the declaration of reversion is final. The commissioner of rev
court shall file for record with the county recorder or registrar of tides, of the county
within which the land lies, a certified copy of the declaration of reverstun and proof of
service.
Subd. I f. Exchange. A city of the first class with a population of 430.000, or over.
or its board of park commissioners, which has acquired tax -forfeited land for a speci-
fied public use under this section, may convey the land in exchange for other land of
substantially equal worth located in the city. The land conveyed to the city, or its board
of park commissioners, in exchange is subject to the public use and reversionary provi-
sions of this section. The tan -forfeited land so conveyed is thereafter free from the pub-
lic use and reversionary pros•imom of this section. The exchange shall in no way atrect
the mineral rights of the state of Minnesota. if any, in the lands exchanged.
Subd. 2. Conservation loads under supervision of county board. Lands classified as
conservation lands, unless reclassified as nonconservation lands, sold to a governmen-
tal subdivision of the state, deugnated as lands primarily suitable for forest production
and sold as hereinafter provided, or released from the trust in favor of the taxing dis-
tricts, as herein provided, will be held under the supervision of the county board of the
county within which such parcels lie.
The county board may. by resolution duly adopted, declare lands classified as con-
servaiion lands as primarily suitable for timber production and as lands Which should
be placed in private ownership for such purposes. If such action be approved by the
commissioner of natural resources, the lands so designated, or any pan thereof, may
TAX.FORffrrED LAND SALES'J201
be sold by the county board in the same manner as provided for the sale of lands classi-
fied as nonconsenation lands. Such county action and the approval of the commis-
sioner shall be limited to lands lying within areas zoned for restricted uses under the
provisions of Laws 1939, chapter 340, or any amendments thereof.
The county board may, by resolution duly adopted. resolve that certain lands clas-
sified as conservation lands shall be devoted to conservation uses and may submit such
resolution to the commissioner of natural resources. If, upon investigation, the com-
missioner of natural resources determines that the lands covered by such resolution,
or any part thereof. can be managed and developed for conservation purposes, the com-
missioner shall make a certificate describing the lands and reciting the acceptance
thereof on behalf of the state for such purposes. The commissioner shall transmit the
certificate to the county auditor, who shall note the same upon the auditor's records and
record the same with the county recorder. The title to all lands so accepted shall be held
by the state free from any trust in favor of any and all taxing dlstncts and such lands
shall he devoted thereafter to the purposes of forestry, water conservation, flood con-
trol, parks, game refuges, controlled game management areas, public shooting grounds,
or other public recreational or conservation uses, and managed, controlled, and regu.
lated for such purposes under thejurisdiction of the commissioner of natural resources
and the divisions of the department. In case the commissioner of natural resources shall
determine that any tram of land so held by the state and situated within or adjacent
to the boundaries of any governmental subdivision of the state is suitable for use by
such subdivision for any authorized public purpose, the commissioner may convey
such tract by deed to the name of the state to such subdivision upon the filing with the
commissioner of a resolution adopted by a majority vote of all the members of the gov.
erning body thereof, stating the purpose for which the land is desired. The deed of con-
veyance shall be upon a form approved by the attorney general conditioned upon
rontinued use for the purpose stated in the resolution. All proceeds derived from the
le of timber, lease of hap stumpage, or other revenue from such lands under thejuns-
.1ctlon of the natural resources commissioner shall be paid into the general fund of the
state. The county auditor, with the approval of the county board, may lease conserva.
tion lands remaining under thejurisdiction of the county board and sell timber and hay
stumpage thereon in the manner hereinafter provided, and all proceeds derived there.
from shall be distributed in the same manner as provided to section 282.04.
Suhd. 3. Sale of nonconsenation lands. All parcels of land classified as nonconser-
vation, except those which may he reserved, shall be sold as provided, if it is deur.
mined, by the county board of the county 1n which the parcels be, that it is advisable
to do so, having to mind their accessibility, their proximity to existing public improve.
ments, and the effect of their sale and occupancy on the public burdens. Any parcels
of land proposed to he sold shall be first appraised by the county board of the county
in which the parcels Ire. The parcels may be reappraised whenever the county board
deems 1t necessary to tarty out the intent of sections 282.01 to 28_.13. In an appraisal
the value of the land and any standing timber on it shall be separately determined. No
parcel of land containing any standing timber may be sold until the appraised value of
the umber on it and the sale of the land have been approved by the commissioner of
natural resources. 'rhe commts:ioner shall base review of a proposed sale on the policy
and considerations specified in subdivision 1. The decision of the commissioner shall
be 1n writing and shall state the reasons for 1t The county may appeal the decision of
the cnmmtssioner to accordance with chapter 14.
In any county in which a state forest or any pan of it is located, the county auditor
shall suhmtt to the commissioner at least 30 days before the first publication of the list
of lands to he offered for sale a list of all lands included on the list which are situated
outside of am incorporated municipality. If, at any time before the opening of the sale,
the commissioner notifies the county auditor in writing that there is standing timber
on any parcel of such land, the parcel shall not be sold unless the requirements of this
section respecting the separate appraisal of the timber and the approval of the appraisal
by the commissioner have been complied 11h. The commissioner may waive the
luuement of the 30 -day notice as to any parcel of land which has been examined and
.e umber salue approved as required by this section.
311211 TAX-FORFEFfED IAND SALES bb -a
If any public improvement is made by a municipality after any parcel of land has
been forfeited to the state for the nonpayment of taxes, and the improvement is
assessed in wholeor In pan against the property benefited by it, the clerk of the munia•
polity shall certify to the county auditor, immediately upon the determination of the
assessments for the improvement, the total amount that would have been assessed
against the parcel of land if it had been subject to assessment or if the public improve.
mcnt is made, petitioned for, ordered in or assessed, whether the improvement is com.
pleted in whole or in pan, at any time between the appraisal and the sale of the parcel
of land. the cost of the improvement shall be included as a separate item and added
'
to the appraised value of the parcel of land at the time it is sold. No sale of a parcel
•
of Lund shall discharge or free the parcel of land from lien for the special benefit con.
ferred upon it by reason of the public improvement until the cost of it, including penal-
ties, if any, is paid. The county board shall determine the amount, if any by which the
value of the parcel was enhanced by the improvement and include the amount as a cepa.
,t
rate item in fixingthe appraised value for the purpose of sale. In classifying, appraising,
and selling the lands, the county board may designate the tractsas assessed and
by for into
h
acquired, or may resolution provide the subdivision of the truss smaller
9
units or Cor the grouping of several tracts into one tract when the subdivision or group.
ing is deemed advantageous for the purpose of sale. Each such smaller tract or larger
t r
tract must be classified and appraised as such before being offered for vale. If any such
lands have once been classified, the board of county commissioners, in its discretion.
j;.
may, byresolution, authorize the sale ofthesmaller tractor larger tract withoutreclassi.
fication.
i;
Solid. 4. Conduct of We. The sale shall be conducted by the county auditor at the
county seat of the county in which the parcels lie, provided that, in St. Lours and
+
Koochiching counties, the sale may be conducted in any county facduy within the
i
county, and the parcels shall be sold for cash only and at not less than the appraised
;l
value, unless the county board of the county shall have adopted a resolution providing
{(�
for their sale on terms, in which event the resolution shall control with respect thereto.
11
When the sale is made on terms other than for cash only a payment of at least ten per-
cent of the purchase price must be made at the time of purchase• thereupon the balance
shall be paid in no more than ten equal annual installments. No standing timber or tnm-
t ,
bee produce shall be removed from these lands until an amount equal to the appraised
value of all standing timber or timber products on the lands at the time of purchase has
j
been paid by the purchaser, provided, that in case any parcel of land bearing standing
timber or timber products is sold at public auction for more than the appraised value,
the amount bid in excess of the appraised value shall he allocated between the land and
the timber in proportion to the respective appraised values thereof, and no standing
timber or timber products shall be removed from the land until the amount of the
excess bid allocated to timber or timber products has been pard in addition to the
appraised value thereof. The purchaser is entitled to immediate possession. subject to
the provisions of any existing valid lean made in behalf of the state.
For sales cK:cumng on or alter July 1. 198:, the unpaid balance of the purchase
price is subject to interest at the rate determined pursuant to section 5+9.09, The
unpaid balance of the purchase price for sales occurring atter December 31. 1990. Is
j
a
subject to interest at the rate determined in section :79.03• subdivision la. The interest
rate is subject to change each year on the unpaid balance in the manner provided for
rate changes in section 549.09 or 279.03. subdivision la, whichever, is applicable.
:j
Interest on the unpaid contract balance on sales occurring before July I, I QS:. is pay -
.�
able at the rate applicable to the sale at the time that the sale occurred.
Subd. S. Sage an terms, certificate. When sale%hereafteraremadeontermsthepur-
chaser shall receive o certificate from the county auditor in such form• consistent with
the provisions of sections :8:.01 to :82.13 and setting forth the terms of sale. as may
be prescribed by the attorney general. Failure of the purchaser or any person claiming
under the purchaser, to pay am' of the defcrred installments with Interest, or the current
taxes, or to com ply with any conditions that mo} have been stipulated in the noun of
1
sale or in the auditor's cenificate herein provided for, shall constitute default. and the
I TA.\.FORFEMED LAND SALES MAI
l.ry
state may. by order of the county board, during the continuance of such default, declare
such cenificate canceled and take possession of such lands and may thereafter resell or
�
lease the same In the same manner and under the same rules as other lands forfeited
e
to the state for taxes are sold or leased. When the county board shall have adopted a
-'41
resolution ordering the cancellation of such cenificate or certificates and the cancella-
tion shall have been completed In accord wt;h section 282.40, then a reentry shall be
deemed to have been made on the pan of the state without any other act or deed, and
without any right of redemption by the purchaser or any one claiming under the put-
chaser: and the original purchaser in default or any person claiming under the onginal
+
purchaser, who shall remain in possession or enter thereon shall be deemed a willful
x•
trespasser and shall be punished as such.
When the cancellation of such cenificate has been completed the county auditor
shall cancel all taxes and tax liens, delinquent and current, and special assessments,
S
delinquent or otherwise, imposed upon the lands described in the cenificate after Its
?
issuance.
x
Subd. 6. Duties of commissioner of revenue: issuance of consepance. When any sale
o'
has been made by the county auditor under wnions'_82.01 to 282.13, the auditor shall
4�
immediately certify to the commissioner of revenue such information relating to such
1•y',
sale, on such forms as the commissioner of revenue may prescribe as will enable the
ti
commissioner of revenue to prepare an appropriate deed if the sale is for cash, or keep
;
necessary records if the sale is on terms; and not later than October 31 of each year the
county auditor shall submit to the commissioner of revenue a statement of all instances
wherein any payment of princ;pal, interest. or current taxes on lands held under cenifi-
cate. due or to be paid during the preceding calendar years, are still outstanding at the
time such cenificate is made. When such statement shows that a purchaser or the pur-
chaser's assignee Is in default, the commissioner of revenue may instruct the county
"ard of the county in which the land is located to cancel said cenificate of sale in the
;; 1
otter provided by subdivision 5, provided that upon recommendation of the county
,,.lard, and where the circumstances are such that the commissioner of revenue after
investigation is satisfied that the purchaser has made every effort reasonable to make
payment of both the annual installment and said taxes. and that there has been no will-
ful neglect on the pan of the purchaser in meeting these obligations, then the commis-
sioner of revenue may extend the time for the payment for such period as the
commissioner may deem warranted, not to exceed one year. On payment in full of the
x
purchase price. appropriate conveyance in fee, in such form as may be prescribed by
'
the attorney general, shall be Issued by the commissioner of revenue, which conveyance
must he recorded by the county and shall have the force and effect of a patent from the•
state subject to casements and restrictions of record at the date of the tax judgment sale,
including, but without limitation, permits for telephone, telegraph, and electric power
,
lines either by underground cable or conduit or otherwise, sewer and water lines, high•
ways, railroads, and pipe lines for gas. liquids, ur solids in suspension.
Subd. 7. $ales, when commenced, how land offered for sale. The sale herein pro-
vided for shall commence at such time as the county board of the county wherein such
parcels Ile, shall direct. The county auditor shall offer the parcels of land in order In
which they appear In the notice of sale, and shall sell them to the highest bidder, but
not for a less sum than the appraised value, until all of the parcels of land shall have
been offered, and thereafter shall sell any remaining parcel% to anyone offering to pay
the appraised value thereof. Said sale shall continue until all such parcels are sold or
until the county board shall order a reappraisal or shall withdraw any or all such parcels
from sale. Such list of lands may be added to and the added lands may be sold at any
time h, publishing the descriptionsand appraised values of such parcels of land as shall
have become forfeited and classified as nonconsanation since the commencement of
any pnor We or such parcels as shall have been reappraised, or such parcels as shall
have been reclassified as noneonsen ntinn nr such other parcels as are subject to sale
but were omitted from the Busting list for any reason in the same manner as hereinafter
P-vided for the publication of the onginal list, provided that any parcels added to such
hall fins be offered for sale to the highest bidder before they are sold at appraised
732.01 TA.x-FORFEITED LkND SALUS eo,-
value. All parcels of land not offered for immediate sale, as well as parcels of such lands
as are offered and not immediately sold shall continue to be held in trust by the state
for the taxing districts interested ,n each of said parcels. under the supervision of the
county board. and such parcels may be used for public purposes until sold. as the count,, i
board may direct. ' r
Subd. 7a. Alternate sale procedure. land located in a home rule charter or statu.
tory city, or in a town which cannot be improved because of noncompliance with local
ordinances regarding minimum arca. shape. frontage or access may be sold by the
county auditor pursuant to this subdivision if the auditor determines that a nonpublic
sale will encourage the approval of sale of the land by the cry or town and promote its
return to the tax rolls. If the physical characteristics of the land indicate that its highest
and best use will be achieved by combining it with an adjoining parcel and the cit,. or
town has not adopted a local ordinance governing minimum area. shape. frontage. or
access. the land may also he sold pursuant to this subdivision. The sale of land pursuant
to this subdivision shall be subject to any conditions imposed by the county board put.
suant to section 282.03. The governing body of the city or town may recommend to
the county board conditions to be imposed on the sale. The county auditor may restrict
the sale to owners of lands adjoining the land to be sold. The county auditor shall con.
duct the sale by sealed bid or may select another means of sale. The land shall be sold
to the highest bidder but in no event shall the land be sold for less than its appraised
value. All owners of land adjoining the land to be sold shall be given a written notice
at least 30 days pnor to the sale.
This subdivision shall be liberally construed to encourage the sale and utilization
of tax-forfeited land, to eliminate nuisances and dangerous conditions and to Increase
compliance with land use ordinances.
Subd. 8. Minerals in tax-forfeited land designated as mining unit nr sabjrct to min.
Ing permit or lease; procedures. In case the commissioner of natural resources shall
notify the county auditor of any county in writing that the minerals in any tax-forfeited
land insuch county have been designated as a mining unit as provided by law. or that
such
in
are subject to a mining permit or lease issued therefor as provided by
law, the surface of such tax-forfeited land shall be subject to disposal and use for mining
purposes pursuant to such designation, permit. or lease. and shall be withheld from sale
or lease by the county auditor until the commissioner shall notify the county auditor
that such land has been removed from the list of mining units or that any mining permit
or lease theretofore issued thereon is no longer in force; provided, that the surface of
such tax-forfeited land may be leased by the county auditor as provided by law, with
the written approval of the commissioner. subject to disposal and use for mining pur-
poses as herein provided and to any special conditions relating thereto that the Commis.
sioner may prescribe. also subject to cancellation for mining purposes on three month,
written notice from the commissioner to the county auditor.
Subd. 9. Tox-forfeited lands. We of. Where a sale of tax-forfeited land undei
Mason's Supplement 1940, section 2139.1 S. was made prior to December 31. 194_.
without hitt having the appraised value of the timber thereon approved by the commr-
stoner of natural resources as therein provided. such sale may be ratified by the commis-
stoner of revenue in the manner herein provided. if prior to the maAmg of application
therefor the entire purchase price of said tax-forfeited land has been paid.
Subd. 10. Ratification of ale by county boards. The purchaser at such sale or the
county auditor of the county in which said land is located shall file an application for
the ratification of the sale with the board of county commissioners of said county, suh-
mitting therewith a statement of the facts of the case and satisfactory proof that the pur-
chase price of such land at the sale has been paid 1n full. Such application shall be
considered bs the counq board and shall thereafter be submitted by it to the comma•
sioner of revenue with the recommendation of the county board and of the counq audi-
tor
uditfor in all cases wherein the auditor is not the applicant. The commissioner of resenue
shall consider said application and , on determining that the conditions abuse referred
to exist , shall male an order ratifying the sale of said tat-fortened land and transmit
MtJ TAVFORFUTED tAND SAI 22:.011
I copy thereof to the county auditor of the county in which said tax -forfeited land is
located. If any such sale be ratified by the commissioner of revenue, it shall not thereaf-
ter be subject to attack for failure to have the timber appraisal approved before the sale.
if no conveyance by the state has theretofore been made, the county auditor, upon
receipt of said order, shall request the issuance of an appropriate conveyance as pro-
vided for in said section 2139-15. If a conveyance has been made by the state of said
land pursuant to said section 2139.15, said conveyance shall not thereafter be subject
to attack on account of the failure to have the timber appraisal approved before the sale.
Subd. 11. Pending actions not •Hected. The provisions of subdivisions 9 to 1 I shall
aot apply so as to prejudice the rights of any person to any action or proceeding hereto-
fore commenced to the sale in any court of this state.
History(2139.15) 1933 c 386 s l; Es19J6 c 105 s 1: 1939 c 318 11: 1941 c 394 s
1; 1941 c S 11 s 1: 1943 c 37 s 1: 1943 c 104 s 1,1; 1943 r 617 s 1.3, 1945 c 99 s 1: 1945
c 150 s 1.1; 1945 c 574 s l: 1947 c 140 s 1: 1949 c 151 s 1: 1949 c 359 s 1: 1953 c 144
s 1: 1953 c 316 s 1; 1953 c 493 s 1: 1953 c 549 s /; 1957 c 667 s 1-3; 1959 c 348 s 1; 1969
c 399 s 1; 1969 c 1119 art 10 s 1973 c 581 s 3; 1974 c 178 s 1; 1976 c 1811 Z. 1978
c 674 s 60: 1980 c 437 s 13.14, 1982 c 424 s 63.130: 198: c 511 s 24.25:1982 c 323 art
39 s 5.6; 1983 c 111 s 19: 1983 c 247 s 111; 1983 c 341 an 15 s 30. 1984 c 44J s 1:1985
c 300 s 13; 1Sp1985 c 14 are 10 s 14; 1986 c 444; 1Sp1986 c 3 art I s 82: 1987 c 191 s
111; 1989 c 318 art 6 s 1: 1990 c 480 art 8 s 14; 1990 r 604 art 3 s 37
282.011 NONAGRICULTURAL LANDS, CLASSIFICATION; SALE, CONDI-
nONS.
Subdivision I. Any lands which have become the absolute property of the sate
through forfeiture for nonpayment of taxes and which have been classified by the
county board as conservation lands under the provisions of Minnesota Statutes 1945,
section 282.01, or have been classified as nonagricultural lands under the provisions
' 'Minnesota Statutes 1945, section 282.14, or any such lands which shall hereafter be
,o classified, may be designated by the county board of the count in which such lands
'
be, by resolution duly adopted, as appropriate and primarily suitable for either specific
conservation purposes or for auxiliary forest lands. Any resolution so adopted. together
,ith a list of the lands involved shall be forwarded to the commissioner of natural
resources who shall promptly approve or disapprove the whole or any pan thereof. The
commissioner shall thereupon make a certificate showing the lands approved, transmit
the same to the county auditor who shall record the same. Lands so designated and so
approved shall thereupon be appraised and the whole, or any pan thereof, may be
offered for sale and sold in the same manner as provided for the sale of lands classified
as nonconservation lands under Minnesota Statutes 1445, section '92.01. or as agncul-
tural lands under Minnesota Statutes 1945, union 282.14, as the case may be, accord-
ing to the status of such lands upon forfeiture. The eight to a deed of conveyance to such
Property accorded the purchaser at any such sale shall he conditioned upon the lands
being placed to an auxiliary forest or used for designated conservation purposes as des-
ignated by the resolution of the county board.
Solid. 2. The condition as to the placing of land into an auxiliary forest or for use
for designated conservation purposes shall be a condition precedent. Any deed of con-
veyance of lands so placed shall be upon a form approved by the attorney general but
such conveyance shall not be a fee determinable nor contain any conditions therein
other than a reservation of the minerals and mineral rights to the state for its own use,
or in trust for the appropriate taxing district as the case may be, according to the status
t of the land upon forfeiture. The land so placed, however, shall be subject to the require-
ments for withdrawal of lands from an auxiliary forest contained to section 88.49, sub-
division 9. The procedure contained in that section shall also he applicable, to far as
Possible. to lands designated for conservation purposes other than an auxiliary forest.
Solid. 3. The commissioner of revenue shall, of requested bl the purchaser or the
county attorney of the county where all or a portion of the land is situated, deliver the
'"d to the county attorney for use under section 88.49, subdivision 5, but such deliv.
232.011 TAX -FORFEITED LAND SALES 6674
cry shall not be considered delivery to the purchaser. The county attorney shall be
instructed when taking the transferral of the deed that said deed shall not be delivered
to the purchaser unless the land involved is accepted as and placed into an auxiliary
forest.
Subd. a. All deeds executed and delivered by the state pursuant to this section
before the effective date of Laws 1955, chapter 389, containing conditions subsequent
or conveying determinable fees, shall at the request of the purchaser. be returned to the
commissioner who is herewith empowered to issue a new deed pursuant to subdivision
2.
History: 1947 c 496 s 1: 1955 c 389 s I: 1969 c 1129 art 10 s 1:1973 c 581 s 3r 1986
C 444
282.012 PRIOR OWNER MAY PURCHASE; CONDITIONS.
At any time not less than one week prior to the date of such sale, the person who
was the owner of any included parcel at the time when it forfeited to the state for non-
payment of taxes or the person's heirs, successors or assigns or any person to whom the
right to pay taxes on such lands was given by statute, mortgage or other agreement, may
purchase such parcel at the appraised value thereof, the purchaser's title and right to
be conditioned upon the primary use as designated by the resolution of the county
board. The right of such purchaser to purchase shall be evidenced by the purchaser's
duly verified written application showing qualifications as hereinabove prescribed and
filed with the county auditor.
History: 1947 c 496 12: 1986 c 114
282.013 PLACED IN AUNMARY FOREST BY PURCHASER.
Any purchaser under the provisions of section 282.012 or this section of lands sold
1 upon condition that they be placed in an auxiliary forest shall furnish the county board.
within six months from the date of purchase, satisfactory proof of having complied with
the provisions of Minnesota Statutes 1943, section 88.48, pertaining to auxiliary for-
ests, and that the application thereunder, including such lands, has been finally
approved, provided that such six-month period may be extended by resolution of the
county board for good cause shown for an additional six-month period. If such proof
is not so furnished, the sale shall be deemed canceled and the purchase price or portion
thereof paid shall be refunded.
History: 1947 c 496 s 3: 1986 c 111
282.014 COMPLETION OF SALE AND CONVEYANCE,
Upon compliance by the purchaser with the provWons of this chapter and with
the terms and conditions of the sale, and upon full payment for the land, plus a $25
fee in addition to the sale price, the sale shall be complete and a conveyance of the land
shall be issued to the purchaser as provided by the appropriate statutes according to
the status of the land upon forfeiture.
The conveyance must be forwarded to the county recorder who shall record the
conveyance before the auditor issues it to the purchaser.
History: 1917 c 496 s 4: 198: c J:3 art 19 s 3: 1983 c 300 s 14: 1987 c 268 an 7 s
49: 1990 c 594 an I s 64
282.015 PROCEEDS OF SALE.
The proceeds of each such sale shall be disposed of &% provided in the case of sake
of other lands becoming the property of the cute in the same manner as the lands told
hereunder.
History: 1947 c 496 1 J
1.
aen r,ur-ronsvrlsn taw sous aur.
i• 282.016 PROHIBITED PURCHASERS.
No county auditor, county treasurer, court administrator of the district court, or
z`
county assessor or supervisor of assessments, or deputy or clerk or employee of such
: i'
officer. and no commissioner for sur -forfeited lands or assistant to such commissioner
1
may become a purchaser of the properties offered for sale under the provisions of this
chapter, either personally, or as agent or attorney for any other person, except that such
"
officer, deputy, court administrator, employee or commissioner for tax -forfeited lands
or assistant to such commissioner may purchase lands owned by that official at the time
the state became the absolute owner thereof
s i;
History: 1959 c 180 11: 1986 c III: 1Sp1986 c 3 art 1 r 81
r 4
282017 CONVEYANCE OF INTERESTS IN TAX-FORFER'ED LANDS TO
STATE AND FEDERAL GOVERNMENTS.
Notwithstanding any existing law to the contrary, the county auditor of any
county. is hereby authorized on behalf of the state, for such price and on such terms
r '
and conditions, including provision for reversion in the event of nonuser, as the county
r
board may prescribe, to convey to the United States or to the state of Minnesota upon
`
tax -forfeited lands under the administration of the county, permanent or temporary
euemen s for specified periods or otherwise for highways, roads and trails, flowage for
j
development of fish and game resources, stream protection, Good control, and neves-
t �,
stay appurtenances thereto.
,
History: Ex1967 c 11 t 1
` y
s
282,018 TAX -FORFEITED LAND, MEANDERED LAKES, NONFORESTED
s
MARGINAL LAND, AND WETLANDS; SALE- EXCEPTION.
$a
Subdivision 1. Property on or adpcem to public waters. All land which is the prop.
erty of the state as a result of forfeiture to the state for nonpayment of taxes, regardless
;
of whether the land is held in trust for taxing districts, and which borders on or is adja.
ant to meandered Woes and other public waters and watercourses, and the live timber
_
growing or being thereon, is hereby withdrawn from sale except as hereinafter pro -
i
vided. The authority having jurisdiction over the timber on any such lands may sell the
timber as otherwise provided by law for cutting and removal under such conditions as
the authority may prescribe in accordance with approved, sustained yield forestry prac-
tices. The authority having jurisdiction over the timber shall reserve such timber and
impose such conditions as the authority deems necessary for the protection of water-
sheds. wildlife habitat, shorelines, and scenic features, within the area in Cook Lake,
and St. Louis counties described in the Act of Congress approved July 10, 1970 (16 Stat.
'
1020), the timber on tax -forfeited lands shall be subject to like restrictions as arc now
imposed by that an on federal lands.
Of all tax -forfeited land bordering on or adjacent to meandered lakes and other
Public waters and aatercourses and to withdrawn from sale, a strip two rods in width,
the ordinary high•auer marls being the waterside boundary thereof. and the land side
boon thereof bei aline drown ordinary high-water mart and two
Bary ng parallel to the ordina
r
rods disfam landward therefrom, hereby is reserved for public travel thereon, and what•
ever the conformation of the shore line or conditions require, the authority having
j
Jurisdiction over such lands shall reserve a wider strip for such purposes.
Any tract or parcel of land which has 50 fm or less of waterfront may be sold by
I '
the authority having jurisdiction over the land, in the manner otherwise provided by
5
taw for the sale of such lands, if the authority determines that it is in the public interest
to do so. If the authority having jurisdiction over the land is not the commissioner of
t'
natural resources, the land may not be offered for sate without the prior approval of
the commissioner of natural resources.
Subd. 2. Margloal land and wethnds, Nonforested marginal land and wetlands on
land that is property of the suit as a result of forfeiture to the state for nonpayment
Of taxes is withdrawn from sale as provided in section 103F.515 unless restricted by
a conservation easement as provided in section 103F.536.
3IAII TAX-FOYFETTM LAND SUM 6071
History: 1973 c 369 s 1: 1984 c 490 s 1: 1989 c 33319
IVOIi lLd a[um. d �mcnaa A law 1919. cEapm 117. dram 9. upmf m stats WC .e9 wimp I..p
cola an9, scam I r. Iv91.1e taw 19n, udpa Jf l.lecnen i r. d wuem n t..s l9vo. aapv ser. du�L l,.eyq
u.
282A19 MANAGE 10147 AND SALE OF LAND SUBJECT TO HAZARDOUS
SUBSTANCE OR PEMGIEUM RELEASE.
Subdivision I. Scope_ When then is a release or threatened release of a hazardous
substance, or pollutant or contaminant, as defined in section 1158.02, or of petroleum
as defined in section I I5C.02, in or on tax -forfeited land under the authority of a
county or the commissioner of natural resource& the county or commissioner shall
comply with the provisions of this section.
Subd. 2. Management ngohements. When managiol the land, the county or com•
missioner of natural resoums shall:
(1) cooperate with the pollution control agency or the commissioner of agriculture,
their employees, agents, and contractors, so that the response actions considered neces.
sary under chapter ll5Bor I I SC may be carried out on the property, including granting
access to the property and refraining from actions that would interfere with imeuiga.
tion of or response to the release or threatened release;
(2) refrain from actions that would significantly contribute to the release or threat.
ened release: and
(3) notify the pollution control agency or the commissioner of agriculture in
advance of actions necessary to manage the land which may affect the investigation of
or response to the release or threatened release, and follow the direction of the agency
when taking such anions.
The requirements of this subdivision also apply to a person managing the land
under a lease or other similar arrangement with the county or commissioner of natural
Subd. 3. Transfer of owonahlp. (a) Before transfer of ownership of the lard the
county auditor, with the approval of the county board. shall:
(1) prepare and file the affidavit requited under section 282.0193;
(2) set appropriate conditions on the transfer of the land to Assure that the trans-
feree and the transferee's tutcomors will grant access for and cooperate with the com-
pletion of a response action taken or approved by the pollution control agency or the
commissioner of agriculture, including investigation of the release or threatened
release, and implementation, operation, maintenance, and monitoring of response
actions; and
(3) tat conditions on the use of the land by the transferee and the umsferee's ata
cessors as required by the pollution control agency to protect the public health and wd-
fhre and the environment, a=m proper operation, maintenance, and monitoring of
completed response action, and comply with applicable federal and sate laws, rules.
and regulations.
(b) The county board may set conditions on the transfer in addition to those under
paragraph (a), including requiring the transferee to implement, maintain, operate, or
monitor response anions approved by the pollution control agency or the commis-
sioner of agriculture.
Subd, 1. Aft n sts sale procedure. Land described in subdivision I may be told by
the county auditor under an alterative We procedure under this subdivision if the
county board determine that an alternate We procedure will encourage the implemen-
tation of response anions needed to address A release in or on the land and will promote
the mum of the land to Use tax rolls. The sale may be public or nonpublic, by sealed
bid, negotiation, or other meam The county auditor shill give at Ilan 30 days' written
notice of the sale to the pollution control agency and owners of land aQjoining the land
to be sold. Sale may be rettric ed to the owners of adjoining land. The land ray ant
be sold for las thin its Appraised value unless the purchaser agrees to implement
6111 TA%4VAFErrM LAND SAID ZCM
response actions approved by the pollution control agency and shows that the appraised
_ value does not adequately reflect the estimated response action costs. The notice of sale
shall include the amount of an environmental lien or estimated expenses for deanup
or response actions.
Subd. 5. State dsanup expenses recoverable through eadromnental Ben a added
to value at time of sale. (a) Prior to or at the time of the forfeiture of any Iands, the po8u.
tion control agency or the commissioner of agriculture may file an environmental lien
under section 514.672 to recover the expenses incurred under section 1158.17 or
1150.03 to respond to a release or threatened release an the land. The agency or the
commissioner of agriculture shall provide a copy of the lien to the county assessor. A
ale of the land after forfeiture does not discharge or free it from an environmental lien.
If continuation of in environmental lien will prohibit the return of the tax -forfeited
land to the tax robs, the county board may request release or reduction of the lieu from
the pollution control agency or the commissioner of agriculture as provided under ser.
tion 514.672, subdivision 5.
(b) When a parcel of tax -forfeited land has been benefited by response anions for
which expenses were incurred by the pollution control agency or the commissioner of
agriculture under section 1158.17 or I I5C.03, and no environmental lien was Bled
before or at the time of forfeiture, the pollution control any or the commissioner of
agriculture shall certify to the county the expenses that have been incurred. Prior to sale
of the parcel, the county board shall compare the amount of the certified expenses with
Y the amount to which the value of the parcel has been enhanced by the response actions
and may adjust the appraisal of the land accordingly, adding the expenses as a separate
'• item to the appraisal of the land.
Hlstaryt 1990 c 586 s 6
2MI" AFFIDAVIT AND NOTIFICATION REQUIRENI EN'IS FOR SUPER -
FUND AND STORAGE TANK SFI7S,
i Subdivision 1. Saperfimd sitn. The affidavit requirement of section I 1511.16, sub•
division 2, applies to tax -forfeited land only if the land has been placed on the perms.
mens list of priorities under section 1158.17, subdivision 13. The county auditor shall
file the affidavit, but no liability may be imposed under section 1158.16, subdivision
4, paragraph (b), for failing to record the affidavit.
Subd. 2. Storage tank sites. The county auditor shall file a notif mlion or allwavit
required under section 116.48 with respect to an underground or aboveground storage
tank on tax -forfeited land, or the trtmsfer of ownership of tax -forfeited land where an
underground or aboveground storage tank is located or where there is a relase from
a tank for which no corrective action has been taken.
History: 1990 c 586 s 7
NONCONSERVATION AREA
282,02 LIST OF LANDS OFFERED FOR SALE.
Immediately after classification and appraisal of the land, and after approval by
the commissioner of natural resources when required pursuant to section 282.01, tub -
division 3, the county board shall provide and file with the county auditor a list of pe-
als of land to be offered for sale. This list shall contain a description of the parcels of
land and the appraised value thereof. The auditor shall publish a notice of the intended
Public sale of ouch parcels of land and a copy of the resolution of the county board fixing
the terms of the sale. if other than for cash only, by publication once a week for two
weeks in the official newspaper of the county, the last publication to be not less than
ten days previous to the commencement of the sale.
The notice shall include the parcel's description and appraised value. The notice
i; Mall also indicate the amount of any special assasmem a which may be the subject of
A reassessment or new assessment or which may result in the imposition of a fee or
HRA AGENDA
1-15-92
CONSIDERATION TO HEAR KEVIN SCHNITZ PRESENT THE COTTEGE HOME
HOUSING CONCEPT.
A_ REFERENCE AND BACKGROUND.
As recorded in the minutes, the HRA requested an invitation be
extended to Prestige Builders to present their cottege home
housing concept. This concept is being explored for another
community and may fit the HRA desired floor plan for upscale
elderly housing.
Enclosed are some prellainary floor plans for your review
prior to the HRA meeting. Mr. Kevin Schmidt is meeting with
Al Larson on Friday, January 10 and will also be present at
our meeting on Wednesday.
I
Prestige Builders
of St. Cloud
I
0
OZ,
r I I I M
I—
L -4-
0
-IL
LJ f
e —
_' ;rO
L 1
III
1) - F
•330.4'I>
Meadowlawn Village
Site Plan
801 Faulty Awns NwOmw P.01 an 1260
Senauww/on 66,77 Mmkdo.MhVWA 55362
612.259.06 612.205•6ZO
WA
�--
tI . />M
ar b amil% Prestige BtdldersNN
ofSL Cloud
L
X.
10�
I
r
2 0
"..Irjm-j L
1001*
Prestige Builders NN
of SL Cloud
MEAD O W L A WN V I L L A 8-9
LANDSCAPE FEATURES L3TANDARD CQNSTRUCTION
FEATURES
Acccwdinq to Est-ablised
Landscape Plan: 2 x 6 Exterior Wal Is -
R Factor of 21
Stir uhs
Total Ceiling R Factor
rrr+Fs of 44
God Full 12 -Course 'Basement
Landscfkpe Rock 200 AMP Service
,Cdui,ny Nigh Efficiency'90:4 +
Gas Forced Air Furnace
Lauer Eprinldinq System
40 Gallon Energy
Outdoor Security Lighting, Efficient Gas Hot
Water Heater
Tyvek Paper ,
SPECIFIC ITEMS NOT INCLUDED
Decurating (Other then those
items in Purchaser Agreement)
Water Suftner
Central Air
Tolevialon Antenna
Cable 'r.v.
Telephone Hook-up
*Tt. io .I11At In not Intended to cover every Item that ie not
lwcltided. Tho pu--pone of thin Iiot is purely to help
.ii r,ircc! 1•1u: mo, -jt lil.oly items to be misood or misunderstood
q�-, t•, urhri Duyer and Sul Lnr.
CALL FEATURCS ACCORDING TO PLAN)
/r.4
M E A D O W L A W N V I L L A S E
SARIELL, MN
STANDARD INTERIOR
FEATURES
Custom Built pal; Cabinets
with Formica 'lops (Allowance)
4 Season Porch
Double Stainless 'Steel
I,itchen Sink
Interior Liqhtinq Package
(A11owance)
41111 ri pool Tub
Flooring (Allowance)
Fiberg'iess Uathbays and
and Showers
Standard Bathroom Accessories
grvF,r Fent
uathronm E.xhcatjot Fans
Raieed G Panel Oak Doors
Oak Princeton Casing and Base
1_ncrtly E+f i ci ent Low E. Windows
'ArnlNrscm ur Marvin)
blalk-in elortfets
I t�cl Coi 1 i ngr3
t.r171'. v. .1 a,lcu pHr
Unit
S: Phone Jacice per Unit
F(rep 1aco
I-raw.h Doors
rJumbr,4 and Wired fc)r Softnor
STANDARD EXTERIOR
FEATURES
Steel Siding
Aluminum Soffit and Fascia
Brick (According to Plan)
Peachtree Entrance
Doors
Large Two Stall Garage
Insulated Raised Steel
Panel Garage Door
Garage Door Opener with
(1) Control
Insulated b Panel Steel
Service Door
Asphalt Driveway
Weather Proof Exterior
Outlets (2)
Egterior Frost Free
Faucet (1)
Private Covered Entry
City Sewer and Water
Window Grids
Admk Milk �
Business Development Services, Inc.
January 7, 1992
ML 011ie Koropchak
City of Monticello
250 East Broadway
P.O. Box 1147
Monticello, MN 55362
Dear 011ie:
Enclosed please find our billing dated December 31, 1991 for consulting services from
September 1, 1991 through December 15, 1991. From now on we wH1 be sending monthly
billings.
Please note that the audit of $450.00 has been applied.
If you ha,,z any questions, plc= contact me.
Sincerely,
BUSWESS DEVELOPMENT SERVICES, INC.
��-Ck La Ic
Patrick W. Pelaring
President
encl.
PWP/rkk
Business Development Services, Inc.
December 31, 1991
Ms. 011ie Koropchak
City of Monticello
250 Fast Broadway
P.O. Box 1147
Monticello, MN 55362
Consulting Services--Septmber 1, 1991 through December 15, 1991
9/6/91
DI.O--J. Schoen, status of first mortgage
.25
11/5/91
PWP—Aroplax; Meeting with J. Schoen; Follow-up with
011ie Koropchak
2.25
SHN—Aroplax Mating
2.25
11/8191
PWP—Aroplax; Revise proposal and forward to 011ie
and J. Schoen
1.50
11/11/9l
DLO--Amplax; Letter to J. Schoen
.50
11/14/91
DLG—Aroplax; J. Schoen
.25
11/18/91
LPK—Review Aroplax file for ERG
1.75
11/19/91
LPK—ERG Step 1 Application; CMIF Loan Fund Application
4.75
1120/91
LPK—Finalize/ evise CMIF Application; Deliver to Aroplax
for signatures and explain/answer Questions
2.50
1121/91
LPK—Aroplax project; ERG
2.50
1125/91
LPK—Aroplax financing; CMIF ERG
2.00
1126/91
LPK--CM[F Application
.50
y Ms. 011ie Koropchak
Page 2
12/3/91
LPK-Aroplax Step 1 and CMIF follow-up 2.50
12/5/91
LPK-Aroplax Step 1 FRG -in
Total Hours 23.75
TIF Financial Analva gftclmll Hours
12/4/91
PWP-HRA Meeting • Aroplax; TIF Analysis 1.50
LPK-HRA Meeting
Total Hours 4.00
MSl$GI U Mot 1114
10/10/91
LLD -Hicks proposal 1.50
10/11/91
LLD -Hicks proposal Am
Total Hours 2.50
RECAP
Pat's Hours: Amplas: 3.75 Hours ® $90/Hour $ 337.50
TIF Analysis: 1.50 Hours ® S90/Hour 135.00
Other Hours: Aroplax: 20.75 Hours ® $75/hour $1,556.25
TIF Awlysis: 2.50 Hours ® $75/hour 187.50
Marlading: 2.50 Hours ® S-04hour 4) -
TOW $2,216.25
Las: Credit —454.40
TOTAL AMOUNT DUB: $1,766.26
Ms. 011ie Roropchak
�- Page 3
BIBBEM X30 OVER OVER 90
$1,766.2
TERMS: NET DUE UPON RECEIPT, 1.33% PER MONTH SERVICE CHARGE ON
PAST DUE ACCOUNTS
ILI
CL MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
LOAN AMORTIZATION SCHEDULE
LOTS 5 & 6, BLOCK 3, OAKWOOD INDUSTRIAL PARR
LOAN BALANCE:
$119,000
INTEREST RATE:
8%
TERM:
a YEARS
PAYMENT:
ANNUAL
DATE
PRINCIPAL
INTEREST
PYMT TOTAL
BALANCE
12-31-92
$11,188.38
$9,520.00
$20,708.38
$107,811.62
12-31-93
$12,083.45
$8,621.93
$20,708.38
$ 95,728.17
12-31-94
$13,050.12
$7,656.26
020,708.38
$ 82,676.05
12-31-95
$14,094.13
$6,611.25
$20,708.38
$ 68,583.92
12-31-96
015,221.66
$5,386.72
$20,708.38
6 53,362.26
12-31-97
$16,439.60
$6,286.98
$20,708.38
$ 36,922.86
12-31-98
017,754.55
02,953.83
$20,708.30
$ 19,168.31
12-31-99
$19,168.31
$1,533.47
$20,701.78
- 0 -
250 East Broadway
P.O. Box 1147
Monticello, MN
55362.9245
Phone: (612) 295.2711
Metro: (612) 333.5739
Fax: (612) 295.4404
Paul Wefngarden
Attorney at I.aw
Olson, Usset, Agan, and Wefngarden
Suite 590
6600 Hranre Avenue South
Minneaplls, MN 55435
Dear Mr. Wefngarden:
January 30, 1992
s Enclosed you w.1.1.1 fled the IIItA Agenda for January 15,
1992. It Is my understanding that City Administrator
Rick Wolfetei.ler has requested and cunfirmetl your
presence at this meeting.
I have encloved some background information on the itille
Property uhl.:h in of particular interest to the 11RA as it
Iles wlthln a possible redevelopment project area. The
parcel han h. cu forfeited to the State of Minnesota by
the WrIghl County Auditor for del.lnyuent property tants.
Additlonnlly, t:ompleted by the 11RA lndlrateu the
potential of at least three undergrotuid tacks and
currently Lite .outity is iu the process of underground
tank verificat:.tott.
Also, I'm enclusing a .list of possible yuestiuns that I
anticipate tho 11RA may ask and I have invited Mayor Keit
Maus to the meet.lug which would allow him the opportunity
to ask questions of his concern.
Mr. Weingarden
January 10, 1992
Page 2
If you hewn nuy ynentions, please don't hesitate to cal.i
me at METRO 3:33-57313 OR ( 612) 296•-2711. The 1111A plana
for your arrival at 7:00 FM as this Is the first item on
the agenda. Meeting place Is the City Nall.
Respectfully,
CITY OF `HOONTItALLO Q
011ie Koropchak
NRA Executive Ulrector
Enclosures
cc: Pile
Rick Wolfsteller, City Administrator
s
ANTICIPATED QUESTIONS
1. What is the lroperty Tax Forfeiture Procedure?
2. What in the leullth of 1 Lme for completion of n Property Tax
Forfeiture Procedure?
3. In Mr. Gil.le entAtled to a recoerne of his tax forfeited
property and At so, what Is the time period for the recourse?
4. Is the State of Minnesota the clir.rent and .legal owner of the
Dille Property during the forfeiture procedure?
e. Who actually roceives the money from the sale of the tax
forfeited property?
G. Is the State or county liable to implement underground tank
removal and Boll sampling now or prior to hale of the tax
forfeited property slid if all. are they liable for the
associated costa?
7. If the tax forfeAtod property As datermined contaminated, 1s
the State or County linhle to lmplemont the clonn-up and are
they liable for those associated costs?
December 16, 1992
T0: HRA Members
Chairperson Al Larson
Vice Chairperson Ben Smith
Lowell Schrupp
Everette Ellison
Tom St. Hilaire
Mayor Ken Maus
Hospital Administrator Barb Schwlentek
FROM: 011ie Koropchak
Administrator Bart Schwient ek has made for Cat
McCullough to attend the Wednesday, January 6, 1993 IfRA meeting.
Pat was the Individual referred to the HRA by Carol Mills. Please
mark your calendar, the evening's agenda will be distributed later.
You, the HRA member, are to be commanded for your dedication and
interest in Mont•icello's future and welfare. Your performance Sc
excellent, keep up the good work, and many thanks. Wishing you and
your family a very Merry Chr iotmas and the boot in the New Year.