HomeMy WebLinkAbout2025-05-12 City Council Meeting MinutesA
C
E.
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, May 12, 2025
City Hall, Council Chambers
Meeting No. 09-25
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was
called to order at 7:06 p.m.by Mayor Abrams.
Mayor Abrams gave an update on changes and upcoming activities happening at
Maplewood Mall as the new Pan Asian Center moves in. Mayor Abrams also showed a
sample of Tommy Moose, a plush toy donated by the Moose Lodge to the Public Safety
Department to comfort children experiencing traumatic events.
PLEDGE OF ALLEGIANCE
ROLL CALL
Marylee Abrams, Mayor Present
Rebecca Cave, Councilmember Present
Kathleen Juenemann, Councilmember Present
Chonburi Lee, Councilmember Present
Nikki Villavicencio, Councilmember Present
APPROVAL OF AGENDA
The following items were added to council presentations:
City Clean -Up
Red Flag Warnings
Pan Asian Center
Councilmember Lee moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
APPROVAL OF MINUTES
1. April 14, 2025 City Council Workshop Meeting Minutes
Councilmember Juenemann moved to approve the April 14, 2025 City Council
Workshop Meetina Minutes as submitted.
Seconded by Councilmember Cave Ayes — All
The motion passed.
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2. April 14, 2025 City Council Meeting Minutes
Councilmember Juenemann moved to approve the April 14, 2025 City Council Meeting
Minutes as submitted.
Seconded by Councilmember Lee Ayes — All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
City Manager Sable gave an update to the council calendar and reviewed other topics of
concern or interest requested by councilmembers.
2. Council Presentations
City Clean -Up
Councilmember Juenemann recapped the Clean -Up event and gave statistics of what
was collected and also shared the next clean-up day will be April 25, 2026.
Red Flag Warnings
Councilmember Villavicencio reminded residents that Minnesota is under a red flag
warning issued by the National Weather Service so no open burning campfires are
currently permitted.
Pan Asian Center
Councilmember Lee attended the Launch Opening Ribbon Cutting Celebration, along
with other councilmembers and staff, and suggested residents visit Maplewood Mall to
see all that is new there.
G. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember
requests additional information or wants to make a comment regarding an item, the vote
should be held until the questions or comments are made then the single vote should be
taken. If a councilmember objects to an item it should be removed and acted upon as a
separate item.
Agenda items G2, G3, & G4 were highlighted.
Councilmember Cave moved to approve agenda items G1-G7.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
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1. Approval of Claims
Councilmember Cave moved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 117,976.14 Checks # 122970 thru # 123000
dated 4/15/25
$ 372,151.84 Checks # 123001 thru # 123037
dated 4/22/25
$ 517,277.67 Checks # 123038 thru # 123063
dated 4/29/25
$ 428,394.29 Checks # 123064 thru # 123094
dated 5/6/25
$ 967,067.89 Disbursements via debits to checking account
dated 4/07/25 thru 4/20/25
$ 2,402,867.83 Total Accounts Payable
PAYROLL
$ 804,413.720 Payroll Checks and Direct Deposits dated 04/11 /25
$ 781,427.00 Payroll Checks and Direct Deposits dated 4/25/25
$ 1,585,840.72 Total Payroll
$ 3,988,708.55 GRAND TOTAL
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
2. First Quarter 2025 Financial Report
No action required.
3. Joint Powers Agreement of the Ramsey County Sheriff Emergency Response
Councilmember Cave moved to approve the Amended Joint Powers Agreement of the
Ramsey County Sheriff Emergency Response Teams (SERT).
Seconded by Councilmember Juenemann Ayes — All
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The motion passed.
4. Joint Powers Agreement of the Minnesota Human Trafficking Investigators
Task Force (MNHITF)
Councilmember Cave moved to approve the renewed Joint Powers Agreement with the
State of Minnesota for the Human Trafficking Investigators Task Force (MNHITF).
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
5. Resolution Authorizing Execution of Consent to Assignment and
Assumption of Tax Increment Revenue Note and Development Agreement
and Authorizing Issuance of Replacement Note, 2191 Van Dyke Street North
Councilmember Cave moved to approve the resolution entitled "Resolution Authorizing
Execution of Consent to Assignment and Assumption of Tax Increment Revenue Note
and Development Agreement and Authorizing Issuance of Replacement Note".
Resolution 25-05-2400
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING
WHEREAS, in 2003, the City established Tax Increment Financing District 1-7, a
housing tax increment financing district, and issued to Van Dyke Street Homes, Limited
Partnership, the developer, a pay-as-you-go TIF Note in the principal amount of $510,000;
and
WHEREAS, Van Dyke Street Homes, Limited Partnership is selling the project to
Dadder's Estates, LLC and assigning the Note to the buyer; and
WHEREAS, the 2003 TIF agreement prohibits the assignment of the Note without
the consent of the City; and
WHEREAS, appropriate assignment and assumption agreement has been submitted
by the parties to this transaction and reviewed by the City and has been found to be in proper
form; and
WHEREAS, the original Note has been lost and the City has been asked to issue a
replacement Note; and
WHEREAS, upon receipt of an Affidavit of Lost Note executed by the original holder
of the Note, the City will issue a replacement Note.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota as follows:
The Mayor and City Manager are authorized and directed to execute the
Consent to Assignment and Assumption of Tax Increment Revenue Note and
Development Agreement.
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2. City staff are authorized and directed to issue a replacement Tax Increment
Revenue Note upon receipt of Affidavit of Lost Note executed by the original
holder of the Note.
3. City staff and consultants are authorized and directed to take all additional
actions as may be necessary or convenient to facilitate the intent of this
resolution.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
6. Amendment to Livable Community Act Grants
Councilmember Cave moved to direct appropriate staff to execute the Agreement
Permitting Redeployment of Repayment Proceeds for Grant Funds as Loan Proceeds
between the Metropolitan Council and the City of Maplewood.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
7. Facility Conditions Assessment Proposal for Maplewood Community Center
Councilmember Cave moved to approve the professional services contract with Leo A
Daly for the lump sum fee of $43,900.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
H. PUBLIC HEARINGS— If you are here fora Public Hearing please familiarize yourself
with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk
before addressing the council. At the podium please state your name and address
clearly for the record. All comments/questions shall be posed to the Mayor and Council.
The Mayor will then direct staff, as appropriate, to answer questions or respond to
comments.
1. MnDOT TH 5 Improvements, City Project 25-10
a. Public Hearing
b. Resolution of Municipal Consent of Final Layout
Public Works Director Love introduced the agenda item. Mayor Abrams outlined the
sequence of steps for the public hearing. Michael Corbett, Area Engineer with MnDOT,
gave the presentation.
Mayor Abrams opened public hearing. The following people spoke:
James Burke — 2310 Stillwater Road
Elizabeth Jacobson — 2310 Stillwater Road
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Mayor Abrams closed the public hearing.
Council discussed the item and asked questions of staff and MnDOT.
Mayor Abrams moved to table the resolution concerning the layout for MnDOT's Trunk
Highway 5 improvements project until MnDOT has the opportunity to return to council
with creative. satisfactory chanaes for the Droiect.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
Verizon Wireless Communications Monopole, 1210 Sterling Street South
a. Conditional Use Permit Resolution
b. Design Review Resolution
Community Development Director Parr gave the staff report. Tammy Hartman, with
Verizon Wireless, addressed council and provided additional information.
Councilmember Lee moved to approve the conditional use permit resolution for a 125-
foot communications tower to be constructed at 1210 Sterling Street South.
Resolution 25-05-2401
CONDITIONAL USE PERMIT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Verizon Wireless has requested approval of a conditional use permit to permit a
125-foot communications tower.
1.02 The property is located at 1210 Sterling Street South and is legally described as:
PIN: 132822430022. The South seventy- four feet (S. 74') of the West Half of the
Southeast Quarter (W 1/2 of SE 1/4) of Section 13, Township 28, Range 22, lying
North of the South twenty-five (S. 25) acres, East of Sterling Street, and West of
State Trunk Highway 494, it being the intention of the granters to convey a seventy-
four foot (74') strip immediately to the North of the South twenty-five (S. 25) acres
of the West Half of the Southeast Quarter ( W 1 /2 of SE 1 /4) of Section 13,
Township 28, Range 22.
_►0
Outlot A, HIGHWOOD ESTATES NO. 2, according to the recorded plat thereof.
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AND
That portion of the SW 1/4 of the SE1/4 of Sec. 13, T. 28, R.22, according to the
Government Survey thereof, described as follows: Commencing at the SE corner
of the SW 1/4 of the SE 1/4 of said Sec. 13, thence N. 50 rods, thence W. 80 rods
to the Quarter Sec. line, thence S. 50 rods to the Sec. line, thence E. along the
sec. line 80 rods to the place of beginning, being 25 acres, more or less.
Less and Except that portion of the property conveyed by the following: As referred
to in Warranty Deed recorded as Instrument No. 2717756: The east one-half of
Sterling Street right-of-way that is located in the south half of Section 13, Township
28, Range 22 which is south of the south line of the following- described property
and south of the (easterly) extension of said south line: the north 487.99 feet of the
SW 1/4 of the SE 1/4 of Section 13, Township 28, Range 22.
Outlet A, Maplewood Highlands, Ramsey County, Minnesota according to the
recorded plat thereof.
As referred to in Warranty Deed recorded as instrument No. 2718516: That part
of the South 180.00 feet of the West 233.00 feet of the Southwest Quarter of the
Southeast Quarter of Section 13, Township 28, Range 22, Ramsey County,
Minnesota lying East of the West 33.00 thereof.
Ramsey County
Abstract Property
Section 2. Standards.
2.01 City Ordinance Section 44-512(4) requires a Conditional Use Permit for the
exterior storage of goods or materials.
2.02 Communication Towers Conditional Use Permit Standards. City Ordinance
Section 44-1326.
1. Standards in this Code.
2. Recommendations of the planning commission and community design review
board.
3. Effect of the proposed use upon the health, safety, convenience and general
welfare of residents of surrounding areas.
4. Effect on property values.
5. Effect of the proposed use on the comprehensive plan.
2.03 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a)
states that the City Council must base approval of a Conditional Use Permit on
the following nine standards for approval.
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1. The use would be located, designed, maintained, constructed and operated
to be in conformity with the City's Comprehensive Plan and Code of
Ordinances.
2. The use would not change the existing or planned character of the
surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would not exceed the design standards of any affected street.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer
systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or
services.
8. The use would maximize the preservation of and incorporate the site's
natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Section 3. Findings.
3.01 The proposal meets the specific conditional use permit standards.
Section 4. City Review Process
4.01 The City conducted the following review when considering this conditional use
permit request.
1. On March 18, 2025, the planning commission held a public hearing. The city
staff published a hearing notice in the Pioneer Press and sent notices to the
surrounding property owners. The planning commission gave everyone at
the hearing a chance to speak and present written statements. The planning
commission recommended that the city council approve this resolution.
2. On May 12, 2025, the city council discussed this resolution. They considered
reports and recommendations from the planning commission and city staff.
Section 5. City Council
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5.01 The city council hereby approves the resolution. Approval is based on the findings
outlined in section 3 of this resolution. Approval is subject to the following
conditions: (additions are underlined and deletions are crossed out):
1. All construction shall follow the plans approved by the city. The director of
community development may approve minor changes.
2. The proposed construction must be substantially started within one year of
council approval, or the permit shall become null and void.
3. The city council shall review this conditional use permit in one year.
4. This conditional use permit is conditioned upon the applicant allowing the
collocation of other providers' telecommunications equipment on the
proposed tower. The applicant shall submit a letter to staff allowing
collocation before a building permit can be issued.
5. The tower may not have any lighting on or illuminating the structure.
6. All wireless communication equipment on the ski jump must be removed
when the new monopole tower is operational.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
Councilmember Juenemann moved to approve the design review resolution for a 125-
foot communications tower to be constructed at 1210 Sterling Street South.
Resolution 25-04-2402
DESIGN REVIEW RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Verizon Wireless has requested approval of design review to permit a 125-foot
communications tower.
1.02 The property is located at 1210 Sterling Street South and is legally described as:
PIN: 132822430022. The South seventy- four feet (S. 74') of the West Half of the
Southeast Quarter (W 1/2 of SE 1/4) of Section 13, Township 28, Range 22, lying
North of the South twenty-five (S. 25) acres, East of Sterling Street, and West of
State Trunk Highway 494, it being the intention of the granters to convey a
seventy-four foot (74') strip immediately to the North of the South twenty-five (S.
25) acres of the West Half of the Southeast Quarter ( W 1/2 of SE 1/4) of Section
13, Township 28, Range 22.
Ems
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Outlot A, HIGHWOOD ESTATES NO. 2, according to the recorded plat thereof.
_►o
That portion of the SW 1/4 of the SE1/4 of Sec. 13, T. 28, R.22, according to the
Government Survey thereof, described as follows: Commencing at the SE corner
of the SW 1/4 of the SE 1/4 of said Sec. 13, thence N. 50 rods, thence W. 80 rods
to the Quarter Sec. line, thence S. 50 rods to the Sec. line, thence E. along the
sec. line 80 rods to the place of beginning, being 25 acres, more or less.
Less and Except that portion of the property conveyed by the following: As
referred to in Warranty Deed recorded as Instrument No. 2717756: The east one-
half of Sterling Street right-of-way that is located in the south half of Section 13,
Township 28, Range 22 which is south of the south line of the following- described
property and south of the (easterly) extension of said south line: the north 487.99
feet of the SW 1/4 of the SE 1/4 of Section 13, Township 28, Range 22.
AND
Outlet A, Maplewood Highlands, Ramsey County, Minnesota according to the
recorded plat thereof.
As referred to in Warranty Deed recorded as instrument No. 2718516: That part
of the South 180.00 feet of the West 233.00 feet of the Southwest Quarter of the
Southeast Quarter of Section 13, Township 28, Range 22, Ramsey County,
Minnesota lying East of the West 33.00 thereof.
Ramsey County
Abstract Property
Section 2. Site and Building Plan Standards and Findings.
2.01 City ordinance Section 2-290(b) and 44-1327(13) requires that the community
design review board make the following findings to approve plans:
That the design and location of the proposed development and its
relationship to neighboring, existing or proposed developments and traffic is
such that it will not impair the desirability of investment or occupation in the
neighborhood; that it will not unreasonably interfere with the use and
enjoyment of neighboring, existing or proposed developments; and that it
will not create traffic hazards or congestion.
2. That the design and location of the proposed development are in keeping
with the character of the surrounding neighborhood and are not detrimental
to the harmonious, orderly and attractive development contemplated by this
article and the city's comprehensive municipal plan.
3. That the design and location of the proposed development would provide a
desirable environment for its occupants, as well as for its neighbors, and
that it is aesthetically of good composition, materials, textures and colors.
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Section 3. City Council Action.
3.01 The above -described site and design plans are hereby approved based on the
findings outlined in Section 3 of this resolution. Subject to staff approval, the site
must be developed and maintained in substantial conformance with the design
plans. Approval is subject to the applicant doing the following:
Obtain a conditional use permit approval from the city council for this project.
2. Repeat this review in two years if the city has not issued a building permit
for this project.
3. All requirements of the city engineer, fire marshal and building official must
be met.
4. Prior to the issuance of a building permit, the applicant shall submit for staff
approval the following items:
a. Submit a tree plan showing the size, species, and location of all
significant trees within the disturbed area. A significant tree is any
hardwood tree six diameter inches or larger, conifer tree eight diameter
inches or larger, and softwood tree 12 diameter inches or larger. The
plan must show which trees will be removed with the development of
the monopole or how the trees near the project will be preserved. If
significant tree removal is proposed, the plan must show tree
replacement per the City's tree ordinance.
b. Submit a landscape plan to show tree replacement if necessary and
how the tower and ground equipment will be screened per the City's
antenna and tower ordinance.
c. The applicant shall provide the city with a cash escrow or an irrevocable
letter of credit for all required exterior improvements. The amount shall
be 150 percent of the cost of the work.
5. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to public health, safety
or welfare.
b. The above -required letter of credit or cash escrow is held by the City of
Maplewood for all required exterior improvements. The owner or
contractor shall complete any unfinished exterior improvements by
June 1 of the following year if use of the building is in the fall or winter
or within six weeks of occupancy of the building if use is in the spring
or summer.
6. All work shall follow the approved plans. The director of community
development may approve minor changes.
Seconded by Councilmember Cave Ayes — All
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The motion passed.
2. Resolution Ordering the Abatement of Hazardous Buildings and Public
Nuisance Conditions at 1765 Howard Street North
Community Development Director Parr gave the staff report.
Councilmember Juenemann moved to approve the Resolution Ordering the Abatement
of Conditions Creating Hazardous Buildings and a Public Nuisance at 1765 Howard
Street North.
Resolution 25-05-2403
RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING
HAZARDOUS BUILDINGS AND A PUBLIC NUISANCE AT
1765 HOWARD STREET NORTH
RECITALS
WHEREAS, the property located at 1765 Howard Street North, legally described
on Exhibit A attached hereto (the "Subject Property"), is located in the city of Maplewood
(the "City"); and
WHEREAS, the Subject Property is owned by Michael Anderson (the "Owner")
and, to the best of the City's knowledge, is unoccupied; and
WHEREAS, the Subject Property contains a single-family dwelling ("Dwelling"),
garage ("Garage"), and two-story accessory structure ("Accessory Structure"); and
WHEREAS, the Subject Property has been subject to longstanding code
enforcement efforts by the City due to multiple complaints, code violations, and other
concerns regarding the condition of the Subject Property and the buildings located
thereon; and
WHEREAS, the City's building official, Randy Johnson, has performed numerous
comprehensive inspections of the Subject Property with the Owner present, the most
recent of which was on October 10, 2024; and
WHEREAS, during said inspections, the following conditions were observed and
noted in relation to the Dwelling: (i) there were several tarps on the roof and evidence of
deteriorated shingles and rotted facia boards; (ii) multiple windows had been replaced
without the required permit and not properly installed; (iii) visible mold growth was
occurring in the windows; (iv) the exterior siding was deteriorating; (v) sheetrock was
removed from several walls and ceilings leaving bare rafters and studs throughout the
Dwelling; (vi) several electrical junction boxes were in a state of disrepair with exposed
wiring; (vii) there was no functional plumbing in the kitchen or bathroom and improper
drainage containers were located underneath the kitchen sink; (viii) the bathroom was
completely gutted and in a total state of disrepair without functioning plumbing or toilet;
(ix) there were visible water spots and mold growth on multiple ceilings and walls; (x) the
chimney was removed leaving a hole through the Dwelling and in the roof; (xi) the main
electrical panel appeared new and no permits had been pulled for its installation; (xii) an
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unpermitted drain tile project was in progress in the basement; and (xiii) several adjustable
posts had been placed in the basement to support the main floor framing without the
appropriate permit; and
WHEREAS, during said inspections, the following conditions were also observed
and noted in relation to the Accessory Structure, which was constructed without the
required building permit: (i) the Accessory Structure's upper level door was only
accessible by a ladder and opened up to a significant drop to the ground; (ii) the Accessory
Structure lacked a proper foundation and was resting on timbers; and (iii) the Accessory
Structure was not properly anchored to the ground, leaving it vulnerable to strong winds
and other weather conditions; and
WHEREAS, during said inspections, the following conditions were also observed
and noted in relation to the Garage: (i) a permit was pulled for an addition onto the Garage
in 2016 and there was no final inspection requested; (ii) multiple tarps were located on the
Garage's roof; (iii) an open electrical panel was located in the Garage and unpermitted
electrical work was ongoing; (iv) a failing lean-to roof structure was located on the back of
the Garage; and (v) the Garage was entirely filled with rubbish and construction debris;
and
WHEREAS, during said inspections, it was also observed and noted that there was
junk, construction debris, rubbish, logs, and brush throughout all exterior portions of the
Subject Property and surrounding all of the aforementioned structures; and
WHEREAS, since the most recent inspection, there have been no permits pulled
for the Subject Property that would indicate any improvements to the conditions observed
and noted above; and
WHEREAS, Minnesota Statutes, section 463.15, subdivision 3 defines a
"hazardous building" as "any building... which because of inadequate maintenance,
dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire
hazard or a hazard to public safety or health"; and
WHEREAS, Minn. R. 1300.0180 defines "unsafe structure" as any building or
structure that "is structurally unsafe, not provided with adequate egress, a fire hazard, or
otherwise dangerous to human life"; and
WHEREAS, section 18-31(5) of the Maplewood City Code (the "City Code") deems
it a public nuisance to accumulate rubbish debris, and other offensive materials on
property; and
WHEREAS, section 18-31(14) of the City Code deems it a public nuisance to use
property in any manner deemed by the city council to be a menace to the health of the
inhabitants of the city; and
WHEREAS, section 18-33(6) of the City Code deems it a public nuisance to erect
or alter buildings in violation of the City Code, including the Minnesota State Building
Code, and other fire ordinances concerning manner and materials of construction; and
WHEREAS, section 18-33(9) of the City Code deems it a public nuisance to permit
or maintain the outside storage of items such as but not limited to, building materials, scrap
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metal, junk or similar materials; and
WHEREAS, both Minnesota Statutes, section 609.74 and section 18-30 of the City
Code also deem it a public nuisance to maintain or permit a condition which unreasonably
annoys, injures or endangers the safety, health, morals, comfort, or repose of the public;
and
WHEREAS, despite numerous complaints and communications and efforts by the
City to inform the Owner of the aforementioned conditions, the Owner has not corrected
any of said conditions and they still exist today; and
WHEREAS, Minnesota Statutes, section 463.161 et seq. authorizes a city to
correct or remove a hazardous condition of any hazardous building if the owner of record
fails to do so after a reasonable time and the district court enters a judgment sustaining
the city's order; and
WHEREAS, also pursuant to section 18-37 of the City Code, the City Council may
order the abatement of a public nuisance on any premises; and
WHEREAS, Minn. R. 1300.0180 also expressly requires that unsafe structures "be
abated [under] Minnesota Statutes, sections 463.15 to 463.26."; and
WHEREAS, based on the information presented, the city council has determined
that the condition of the Subject Property, including the three aforementioned structures
located thereon, constitutes a hazard and a public nuisance in violation of both state and
local law and, therefore, should be abated by the City if not properly abated by the
Owner or other interested party.
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of
Maplewood as follows:
The city council adopts, as factual findings, all of the Recitals listed above.
2. The city council finds that the Dwelling, the Garage, and the Accessory
Structure are all hazardous, as defined by Minnesota Statutes, section
463.15, and unsafe, as defined by Minnesota Rules, section 1300.0180.
3. The city council also finds that the condition of the Subject Property
constitutes a public nuisance, as defined by both state and local law, violates
the aforementioned sections of the City Code, and is a menace to the health
of the inhabitants of the city.
4. The city attorney shall prepare an Abatement Order substantially similar to
that attached as Exhibit B attached hereto.
5. The city attorney is authorized to take all necessary legal steps to effectuate
service of this Resolution and the corresponding Abatement Order in the
manner required by state and/or local law.
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6. The city attorney and city staff are authorized to take all necessary legal
steps to secure compliance with the Abatement Order and to obtain
authority to remove and abate the hazardous and public nuisance conditions
on the Subject Property by court order and collect and/or assess the costs
thereof against the Subject Property, as otherwise permitted by state and
local law. For the avoidance of doubt, should the Owner or any other
interested party fail to properly address the aforementioned concerns as
required in the Abatement Order, the city council hereby authorizes City staff
and consultants to pursue the timely demolition of the structures and
removal of all personal property from the Property in accordance with state
and local law.
EXHIBIT A TO RESOLUTION
Legal Description
Lot 3, Block 3, Hillcrest Gardens Addition to Ramsey County, Minnesota.
Abstract Property
EXHIBIT B
Abatement Order
STATE OF MINNNESOTA
COUNTY OF RAMSEY
In the Matter of the Hazardous Buildings and
Public Nuisance Located at 1765 Howard St N,
Maplewood, Minnesota
TO: All owners, occupants, and all lienholders of record.
DISTRICT COURT
SECOND JUDICIAL DISTRICT
Case Type: Other Civil
ORDER FOR ABATEMENT OF
HAZARDOUS BUILDINGS
AND PUBLIC NUISANCE
The city council of the city of Maplewood, Minnesota hereby orders that within 45 days of
service of this Order that you abate the hazardous buildings and public nuisance conditions which
exist on the property located at: 1765 Howard Street North, in the city of Maplewood, Ramsey
County, which property is legally described as Lot 3, Block 3, Hillcrest Gardens Addition to
Ramsey County, Minnesota.
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Specifically, the city of Maplewood, pursuant to Minnesota Statutes, chapter 463, the
Minnesota State Building Code, and the Maplewood City Code, has determined that the
unoccupied single-family dwelling (the "Dwelling") located at the above -referenced property is
hazardous, unsafe, and a public nuisance due to the following observations: there are several
tarps on the roof and evidence of deteriorated shingles and rotted facia boards; multiple windows
have been replaced without the required permit and not properly installed; visible mold growth is
occurring in the windows; the Dwelling's exterior siding is deteriorating; sheetrock has been
removed from several walls and ceilings leaving bare rafters and studs throughout the Dwelling;
several electrical junction boxes in the Dwelling are in a state of disrepair with exposed wiring;
there is no functional plumbing in the kitchen or bathroom and improper drainage containers are
underneath the kitchen sink; the bathroom has been completely gutted and is in a total state of
disrepair; there are visible water spots and mold growth on multiple ceilings and walls; the
chimney has been removed leaving a hole through the Dwelling and in the roof; the main electrical
panel appears new and no permits were pulled for its installation; an unpermitted drain tile project
is ongoing in the basement; and several adjustable posts have been placed in the basement to
support the main floor framing without the appropriate permit.
Additionally, the city of Maplewood, pursuant to Minnesota Statutes, chapter 463, the
Minnesota State Building Code, and the Maplewood City Code, has determined that the two-story
accessory structure (the "Accessory Structure") located at the above -referenced property is
hazardous, unsafe, and a public nuisance due to the following observations: the Accessory
Structure's upper level door is only accessible by a ladder and opens up to a significant drop to
the ground; the Accessory Structure lacks a proper foundation and is resting on timbers; the
Accessory Structure is not properly anchored to the ground, leaving it vulnerable to strong winds
and other weather conditions; and the Accessory Structure was constructed without the required
building permit.
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Furthermore, the city of Maplewood, pursuant to Minnesota Statutes, chapter 463, the
Minnesota State Building Code, and the Maplewood City Code, has determined that the garage
(the "Garage") located at the above -referenced property is hazardous, unsafe, and a public
nuisance due to the following observations: multiple tarps are located on the Garage's roof; an
open electrical panel is located in the Garage and unpermitted electrical work is ongoing; a failing
lean-to roof structure is attached to the back of the Garage; the Garage is entirely filled with
rubbish and construction debris; and although a permit was pulled in 2016 to construct an addition
to the Garage, said permit was not properly closed out or inspected.
Finally, the city of Maplewood, pursuant to chapter 18 of the Maplewood City Code, along
with Minnesota Statutes, sections 145A.05, subdivision 9 and 609.74, finds that the exterior of
the property located at the above -referenced address also constitutes a public nuisance due to
the accumulation of junk, construction debris, rubbish, logs, and brush throughout the yard and
surrounding all of the aforementioned structures.
Pursuant to the above -referenced statutes and ordinances, it is hereby ORDERED that
you abate the aforementioned hazardous and public nuisance conditions within 45 days of the
date of service of this Order by either (i) razing the structures, removing all personal property from
the subject property, and thereafter restoring the subject property to a safe condition; or (ii)
completing each and every one of the following items:
1. Repair or replace the Dwelling's deteriorated roof in accordance with the
Minnesota State Building Code and remove all tarps from said roof;
2. Repair or replace all improperly installed windows on the Dwelling in accordance
with the Minnesota State Building Code;
3. Repair or replace the Dwelling's deteriorated siding in accordance with the
Minnesota State Building Code;
4. Repair and properly cover all exposed walls and ceilings throughout the Dwelling
in accordance with the Minnesota State Building Code;
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5. Repair all improperly installed and exposed electrical components throughout the
Dwelling in accordance with the Minnesota State Building Code;
6. Repair and make operable all improperly installed and nonfunctioning plumbing
components throughout the Dwelling in accordance with the Minnesota State
Building Code;
7. Repair the exposed hole located through the Dwelling caused by removal of the
chimney in accordance with the Minnesota State Building Code;
8. Repair or complete the ongoing drain tile project in the Dwelling in accordance with
the Minnesota State Building Code;
9. Obtain proper permits and inspections for unpermitted installation of adjustable
posts in the Dwelling and adhere to all requirements and direction from the City's
building official to ensure adherence to Minnesota State Building Code;
10. Determine the extent of mold within the Dwelling and mitigate said mold, as
deemed necessary;
11. Obtain proper permits and inspections for unpermitted construction of the
Accessory Structure and adhere to all requirements and direction from the City's
building official to ensure adherence to Minnesota State Building Code;
12. Repair or replace roof on the Garage as necessary and in accordance with the
Minnesota State Building Code and remove all tarps from said roof;
13. Repair all improperly installed and exposed electrical components throughout the
Garage in accordance with the Minnesota State Building Code;
14. Remove and properly dispose of all portions of the deteriorated lean-to addition on
the back of the Garage; and
15. Remove and properly store or dispose of all junk, construction debris, rubbish,
logs, brush, and other materials located throughout the exterior of the property.
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All such work is subject to permitting and required inspections by staff members of the
City to ensure compliance with applicable rules and law. This order is not a permit. You are further
advised that unless such corrective action is taken or an answer is served on the City and filed
within 21 days of the date of service of this order upon you, a motion for summary enforcement
of this order may be made to the Ramsey County District Court. More specifically, nonadherence
to this Order will result in the City pursuing a court order permitting it to demolish the Dwelling,
the Accessory Structure, and the Garage and removing all personal property from the subject
property, as authorized under law.
You are further advised that if you do not comply with this Order and the City is compelled
to take any corrective action, all necessary costs incurred by the City in taking such corrective
action will be collected and assessed against the property pursuant to Minnesota Statutes, section
463.21 and section 18-37 of the City Code. In connection thereto, the City intends to recover all
of its expenses incurred in carrying out this Order, including specifically but not exclusively, filing
fees, service fees, publication fees, attorneys' fees, appraisers' fees, witness fees, including
expert witness fees and traveling expenses incurred by the City from the time this Order was
originally made pursuant to Minnesota Statutes, section 463.22.
Dated , 2025 KENNEDY & GRAVEN, CHARTERED
la
David T. Anderson (#0393517)
Ronald H. Batty (#0005356)
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR THE
CITY OF MAPLEWOOD
Seconded by Councilmember Cave Ayes — All
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The motion passed.
K. AWARD OF BIDS
None
L. ADJOURNMENT
Mayor Abrams adjourned the meeting at 8:32 p.m.
Andrea Sindt, City Clerk
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