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HomeMy WebLinkAbout2025-07-28 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 28, 2025 City Hall, Council Chambers Meeting No. 14-25 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:31 p.m.by Mayor Abrams. Mayor Abrams announced the grand opening for Community Dental and welcomed their second Maplewood location to the community. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Chonburi Lee, Councilmember Present Nikki Villavicencio, Councilmember Present, attended remotely via Zoom D. APPROVAL OF AGENDA The following items were added to council presentations: Disability Pride Month Update National Night Out Councilmember Cave moved to approve the amended agenda as amended. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. E. APPROVAL OF MINUTES 1. July 14, 2025 City Council Meeting Minutes Councilmember Juenemann moved to approve the July 14, 2025 City Council Meeting Minutes as submitted. Seconded by Councilmember Cave via roll call Ayes – Mayor Abrams Councilmember Cave Councilmember Juenemann July 28, 2025 City Council Meeting Minutes 1 Councilmember Villavicencio Abstain – Councilmember Lee 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 Disability Pride Month Update Councilmember Villavicencio shared July is Disability Pride Month and shared some history about the origin of the designation. National Night Out Councilmember Juenemann encouraged residents to register for National Night Out by the end of the week. Fire Service Mayor Abrams thanked Maplewood Fire & EMS staff for their service in the previous evening’s storms. 3. Environmental and Natural Resources Commission Annual Report Public Works Director Love introduced the agenda item. David Lates, Chair of the Environmental and Natural Resources Commission, gave the annual report. Councilmember Juenemann moved to approve the 2024 Environmental and Natural Resources Commission Annual Report. Seconded by Councilmember Lee Ayes – All, via roll call The motion passed. 4. Parks & Recreation Commission Annual Report Public Works Director Love introduced the agenda item. Jason DeMoe, Chair of the Parks & Recreation Commission, gave the annual report. Councilmember Juenemann moved to approve the 2024 Parks & Recreation Commission Annual Report. July 28, 2025 City Council Meeting Minutes 2 Seconded by Councilmember Villavicencio Ayes – All, via roll call The motion passed. 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. Councilmember Lee moved to approve agenda items G1-G5. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. 1. Approval of Claims Councilmember Lee moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 168,239.31 Checks # 123418 thru # 123427 and # 123884 thru # 123917 dated 7/15/25 $ 291,371.44 Checks # 123918 thru # 123983 dated 7/22/25 $ 478,671.25 Disbursements via debits to checking account dated 7/08/25 thru 7/20/25 $ 938,282.00 Total Accounts Payable PAYROLL $ 823,203.38 Payroll Checks and Direct Deposits dated 7/18/25 $ 823,203.38 Total Payroll $ 1,761,485.38 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. 2. Second Quarter 2025 Financial Report July 28, 2025 City Council Meeting Minutes 3 No action required. 3. Conditional Use Permit Review, Galahad Senior Housing Development, 1910 County Road C East Councilmember Lee moved to approve the CUP review for the Galahad Senior Housing Development, located at 1910 County Road C East, and review again only if a problem arises or a significant change is proposed. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. 4. Conditional Use Permit Review, The Juniper, 1310 Frost Ave East Councilmember Lee moved to approve the CUP review for The Juniper, located at 1310 Frost Avenue East, and review again in one year. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. 5. Conditional Use Permit Review, Kline Nissan, 3090 Maplewood Drive North Councilmember Lee moved to approve the CUP review for Kline Nissan, located at 3090 Maplewood Drive North, and review again in one year. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. H. PUBLIC HEARINGS – If you are here for a 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. None I. UNFINISHED BUSINESS 1. Resolution of Municipal Consent of Final Layout for MnDOT TH 5 Improvements, City Project 25-10 Public Works Director Love provided background of the agenda item. Michael Corbett with MnDOT, gave the presentation. Councilmember Juenemann moved to approve the Resolution of Municipal Consent of Final Layout for MnDOT’s Trunk Highway 5 improvements project, City Project 25-10. July 28, 2025 City Council Meeting Minutes 4 Resolution 25-07-2419 MUNICIPAL CONSENT OF FINAL LAYOUT RESOLUTION CITY PROJECT 25-10 WHEREAS, a resolution of the City Council adopted March 24th, 2025, set a date for a council hearing on the final layout of MnDOT’s Trunk Highway 5 street improvements project, City Project, 25-10; and WHEREAS, a public hearing was held on May 12, 2025, at the City Council meeting; and WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project 6230-33 on Trunk Highway 5, from McKnight Road to Lakewood Drive within the City of Maplewood for 4 to 3 lane conversion, signal replacement, trail construction, drainage and ADA improvements; and seeks the approval thereof, as described in Minnesota Statutes 161.162 to 161.167; and WHEREAS, said final layout is on file in the Metro District Minnesota Department of Transportation office, Roseville, Minnesota, being marked as Layout No. 1A, S.P.6230-33, from R.P.185+00.280 to 185+00.825. NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, that the final layout for the improvement of Trunk Highway 5 within Maplewood city limits is approved. Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. J. NEW BUSINESS 1. Setback Variance Resolution, Community Dental Care, 600 Carlton Street North Community Development Director Parr gave the presentation. Karen Flanagan Kleinhans, Community Dental CEO, addressed council and provided further information. Councilmember Lee moved to approve the setback variance resolution for a patient pick- up drive and short-term parking area for Community Dental Care at 600 Carlton Street North. Resolution 25-07-2420 SETBACK VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. July 28, 2025 City Council Meeting Minutes 5 1.01 Community Dental Care has requested a 15-foot setback variance for a patient pick-up drive and short-term parking area within the required 15-foot parking setback. 1.02 The property is located at 600 Carlton Street North and is legally described as: The Westerly 140 feet of Lots 14, 15, 16, 17 and the West 140 feet of the North Half of vacated Fifth Avenue accrued thereto all in Block 1, Minty Acres, according to the recorded plat thereof in Ramsey County, Minnesota. The Westerly 115 feet of Lot 1, Block 2, and the Westerly 115 feet of the South Half of vacated Fifth Avenue accrued thereto all in Minty Acres, according to the recorded plat thereof in Ramsey County, Minnesota. That part of the East Half of the West Half of the East Three Quarters of the Northwest Quarter of the Northeast Quarter of Section 36, Township 29, Range 22, Ramsey County, Minnesota, lying East of the centerline of Carlton Street as described in Document No. 1503916, except the North 789.28 feet thereof. That part of the East Half of the West Half of the East Three Quarters of the Northwest Quarter of the Northeast Quarter of Section 36, Township 29, Range 22, Ramsey County, Minnesota, lying West of the centerline of Carlton Street as described in Document No. 1503916, except the North 324 feet thereof. Tax Parcel Identification: 10-29-22-32-0027 Section 2. Standards. 2.01 Variance Standard. City Ordinance Section 44-13 refers to a state statute that states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; (3) the variance, if granted, will not alter the essential character of the locality. Section 3. Findings. 3.01 The setback variance request does meet the required standards for a variance. 1. That the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; 2. That the proposed use is reasonable; and 3. That the variance will not alter the essential character of the locality; and 4. That the need for a variance is in harmony with the general purposes and July 28, 2025 City Council Meeting Minutes 6 intent of this ordinance; and 5. That the variance is consistent with the comprehensive plan. Section 4. City Review Process 4.01 The City conducted the following review when considering the variance requests. 1. On July 15, 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 July 28, 2025, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval of the application is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. All construction shall follow the approved site plan. The Director of Community Development may approve minor changes. 2. The approval permits a 15-foot variance to construct the patient pick-up drive and short-term parking area up to the property line. The applicant cannot encroach on the right-of-way. 3. The applicant shall ensure that the queue in the patient pick-up drive does not extend into Carlton Street. At no time shall the patient pick-up queue impede traffic flow on Carlton Street. 4. The applicant shall obtain a grading permit from the Public Works Department as required for the project. 5. The passenger loading zone shall be accessible per the Minnesota Accessibility Code. All exterior site alterations must meet the minimum requirements of the Minnesota State Building Code. The applicant shall obtain a building permit from the Community Development Department as required for the project. 6. The proposed covered portico and trash enclosure requires a 15-day minor construction project application reviewed administratively through the Community Development Department. July 28, 2025 City Council Meeting Minutes 7 Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. 2. Resolution Ordering the Abatement of Hazardous Property and Public Nuisance Conditions Existing at 1212 Skillman Avenue East Community Development Director Parr gave the staff report. Councilmember Juenemann moved to approve the Resolution Ordering the Abatement of Hazardous Property and Public Nuisance Conditions at 1212 Skillman Avenue East. Resolution 25-07-2421 RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A PUBLIC NUISANCE AND HAZARDOUS PROPERTY EXISTING AT 1212 SKILLMAN AVENUE EAST RECITALS WHEREAS, the property located at 1212 Skillman Avenue East, legally described on Exhibit A attached hereto (the "Subject Property"), contains a single-family dwelling and is located in the city of Maplewood (the "City"); and WHEREAS, the Subject Property is owned by Patricia Marie Hirch (the "Owner") and is currently occupied by the Owner's son, Aaron Hirsch (the "Occupant"); and WHEREAS, staff members of the City have conducted multiple physical inspections of the exterior of the Subject Property, most recently on June 18, 2025; and WHEREAS, during said inspections, the following conditions were observed in the exterior of the Subject Property: numerous piles of tires; numerous vehicle parts and miscellaneous scrap metal pieces; apparent inoperable vehicles and equipment, recreational vehicles, including water craft vehicles, trailers, lawn equipment, and vehicles with outdated registration past 90 days; vehicles parked on unimproved areas; trailers with accumulations of junk and scrap; household furniture and other household items; junk appliances; numerous liquid or gas containers; accumulation of scrap building materials including wood and lumber; accumulated brush and debris; a wooden privacy fence that is structurally compromised and leaning into the neighbor's yard; and an unmaintained lean-to expansion to the rear of the accessory structure that is partially covered with a temporary covering; and WHEREAS, Minnesota Statutes, section 463.15, subdivision 3 defines a "hazardous property" as "any... property, 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, 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 July 28, 2025 City Council Meeting Minutes 8 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(3) of the City Code deems it a public nuisance to store or accumulate explosives, inflammable liquids and other dangerous substances or materials on property; 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 pails, barrels, lumber, scrap wood, vehicle parts, inoperable machinery, equipment parts, brushes, household furniture, building materials, scrap metal, junk or similar materials; and WHEREAS, section 18-33(13) of the City Code deems it a public nuisance to maintain dangerous, unguarded machinery, equipment or other property on private property in a manner that may attract minor children; and WHEREAS, section 18-33(26) of the City Code deems it a public nuisance to park or store a vehicle, or any part of a vehicle, on grass, unimproved areas, or other areas not consisting of a lawfully installed hard surface; and WHEREAS, section 18-67 of the City Code includes motor vehicles that have license plates with an expiration date more than 90 days prior to the date of an inspection in the definition of abandoned motor vehicles; and WHEREAS, section 18-68 prohibits abandoned motor vehicles in the City; and WHEREAS, section 18-70 of the City Code deems it a nuisance to maintain any vehicle in the city that is otherwise in violation of the City Code; 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, Minnesota Statutes, section 463.161 and section 18-37 of the City Code authorize the city council to order the owners and occupants of any hazardous property or nuisance property within the City to correct or remove said conditions; and WHEREAS, in light of the foregoing, the City's code enforcement staff have determined that the condition of the Subject Property is hazardous, unsafe, and a public nuisance; and WHEREAS, by letter dated and mailed on April 21, 2025, the City notified the July 28, 2025 City Council Meeting Minutes 9 Owner of the conditions and violations addressed herein, as well as the steps needed to correct the conditions; and WHEREAS, neither the Owner or the Occupant have corrected any of the unlawful conditions of the Subject Property and said conditions still exist today; and WHEREAS, based on the information presented, the city council has determined that the condition of the Subject Property constitutes a hazard and a public nuisance in violation of both state and local law and, therefore, should be abated. RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood as follows: 1. The city council adopts, as factual findings, all of the recitals listed above. 2. The city council finds that the condition of the Subject Property is hazardous, as defined by Minnesota Statutes, section 463.15. 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, and 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. 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 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/or local law. EXHIBIT A TO RESOLUTION Legal Description Lot Eight (8), Block Seven (7), HILLS AND DALES, according to the plat thereof on file and of record in the office of the Register of Deeds within and for Ramsey County, Minnesota. Abstract Property. EXHIBIT B July 28, 2025 City Council Meeting Minutes 10 Abatement Order STATE OF MINNNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT ______________________ Case Type: Other Civil In the Matter of the Hazardous and Nuisance Property Located at 1212 Skillman Ave. E., Maplewood, Minnesota ORDER FOR ABATEMENT OF HAZARDOUS PROPERTY AND PUBLIC NUISANCE ______________________ TO: All owners, occupants, and all lienholders of record. 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 and nuisance conditions which exist on the property located at 1212 Skillman Avenue East, Maplewood, Minnesota, which property is legally described on Exhibit A attached hereto. Specifically, the city of Maplewood, pursuant to Minnesota Statutes, chapter 463, finds that the condition of the property located at the above-referenced address is hazardous and unsafe due to the following observations: Numerous piles of tires; numerous vehicle parts and miscellaneous scrap metal pieces; apparent inoperable vehicles and equipment, recreational vehicles, including water craft vehicles, trailers, lawn equipment, and vehicles with outdated registration past 90 days; vehicles parked on unimproved areas; trailers with accumulations of junk and scrap; household furniture and other household items; junk appliances; numerous liquid or gas containers; accumulation of scrap building materials including wood and lumber; accumulated brush and debris; a wooden privacy fence that is structurally compromised and leaning into the neighbor's yard; and the unmaintained lean- July 28, 2025 City Council Meeting Minutes 11 to expansion to the rear of the accessory structure that is partially covered with a temporary covering. Also for the above-mentioned reasons, the city of Maplewood, pursuant to chapter 18 of the Maplewood City Code, along with Minnesota Statutes, section 609.74, has determined that the property located at the above-referenced address also constitutes a public nuisance. Pursuant to the above-referenced statutes and ordinances, it is hereby ORDERED that you abate the hazardous and nuisance conditions within 45 days of the date of service of this order by completing each and every one of the following items: 1. Remove all tires, vehicle parts, lawn equipment, and miscellaneous scrap metal pieces. 2. Remove all inoperable vehicles and other equipment, including recreational vehicles and those with expired registration past 90 days, and remove all trailers used to support or transport such vehicles and equipment. 3. Remove vehicles parked on unimproved areas. 4. Remove all trailers with accumulations of junk and scrap. 5. Remove all accumulation of household furniture and other household items including junk appliances. 6. Remove all liquid or gas containers and any containers or other potentially dangerous substances from the property and properly dispose of it. 7. Remove all scrap building materials, including, without limitation, wood and lumber. 8. Remove all accumulated brush and debris. 9. Repair or remove the structurally substandard fence that is leaning toward the property of a neighboring landowner. 10. Repair or remove all portions of the lean-to addition to the accessory structure that was not safely constructed and are partially covered with a temporary tarp covering. July 28, 2025 City Council Meeting Minutes 12 All such work is subject to any applicable 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. Finaly, 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 By: _____________ McKaia G. Dykema (#0505388) David T. Anderson (#0393517) 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, via roll call The motion passed. 3. Lawful Gambling Ordinance a. Ordinance Regulating Lawful Gambling b. Resolution Authorizing Publication by Title and Summary (4 votes) July 28, 2025 City Council Meeting Minutes 13 City Clerk Sindt gave the staff report. Councilmember Juenemann moved to approve the ordinance regulating lawful gambling by repealing and replacing Chapter 22. Ordinance 1054 AN ORDINANCE REGULATING LAWFUL GAMBLING IN THE CITY OF MAPLEWOOD THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section I. Chapter 22. – Lawful Gambling in the Maplewood city code is repealed in its entirety and the following is adopted in its place: Chapter 22 - LAWFUL GAMBLING Sec. 22-1. Adoption of state law by reference. The provisions of Minn. Stats. ch. 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the council that all future amendments of Minn. Stats. ch. 349 are hereby adopted by reference or referenced as if they had been in existence at the time this article was adopted. Sec. 22-2. City may be more restrictive than state law. The city is authorized by the provisions of Minn. Stats. § 349.213, to impose, and has imposed in this article, additional restrictions on gambling within its limits beyond those contained in Minn. Stats. ch. 349. Sec. 22-3. Purpose. The purpose of this chapter is to regulate lawful gambling within the City of Maplewood, to ensure the integrity of operations, to provide for the use of net profits only for lawful purposes, and to authorize only those games or game features discussed in Minn. Stats. ch. 349. Sec. 22-4. Definitions. In addition to the definitions contained in Minn. Stats. § 349.12, the following terms are defined for purposes of this chapter: Board means the State of Minnesota Gambling Control Board Lawful gambling means the operation, conduct or sale of bingo, raffles, paddlewheels, tipboards, and pulltabs. Licensed organization means an organization licensed by the board, and excludes those organizations exempted or excluded per Minn. Stats. § 349.166. Local permit means a permit issued by the city. July 28, 2025 City Council Meeting Minutes 14 Trade area means the City of Maplewood and each city contiguous to the City of Maplewood to include St. Paul, Little Canada, North St. Paul, Oakdale, Roseville, While Bear Lake, Newport, Vadnais Heights and Woodbury. Sec. 22-5. Lawful gambling permitted. Lawful gambling is permitted within the city provided it is conducted in accordance with Minn. Stats. §§ 609.75—609.763, inclusive, as they may be amended from time to time and Minn. Stats. §§ 349.11—349.23, inclusive. Sec. 22-6. Lawful gambling at on-sale establishments. No sale, consumption, or possession of liquor, wine, or 3.2 percent malt liquor shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on-sale liquor, wine, or 3.2 percent malt liquor license or a bottle club permit. Lawful gambling at on-sale liquor, wine, and 3.2 percent malt liquor establishments shall be conducted in compliance with the following: (1) On-sale establishments shall be limited to one licensed organization at any one time in the licensed premises and any rooms adjoining the premises under the same management. No lease shall be made with one organization while another lease is in effect for the same on-sale establishment. (2) All gambling shall be conducted from a booth or the bar services area. (a) If gambling is conducted from a booth, it shall be constructed and maintained by the licensed organization and shall be under the exclusive control of that organization. (3) No person shall be jointly employed by both the licensed organization and the on-sale establishment. This section shall not apply when the licensed organization is also the holder of the on-sale license for the establishment where the gambling is conducted. (4) No gambling funds shall be commingled with funds of the on-sale establishment. (5) No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances. (6) The on-sale establishment shall allow the licensed organization to conduct gambling at any time during its lawful business hours and shall prohibit gambling at any time other than its lawful business hours. Sec. 22-7. Application and local approval of premises permits. (a) Any organization seeking to obtain a premises permit from the board shall file with the city clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as will be filed with the board. (b) Upon receipt of an application for issuance of a premises permit, the city clerk shall transmit the application to the public safety director for review and recommendation. (c) Organizations applying for a state issued premises permit shall pay the city an investigation fee as set by state statute for cities of the second class. This fee July 28, 2025 City Council Meeting Minutes 15 shall be refunded if the application is withdrawn before the investigation is commenced. (d) The applicant shall be notified of the date of which the council will consider the recommendation. (e) The council shall, by resolution, approve or disapprove the application within 60 days of the receipt of the application. (f) The council shall disapprove an application for issuance of a premises permit for any of the following reasons: (1) Violation by the licensed organization of any state statute, state rule, or city ordinance relating to gambling within the last three years; (2) Violation by the on-sale establishment or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three years; (3) The licensed organization already has four premises permits to conduct lawful gambling in the city; or (4) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. (g) Lawful gambling under license issued by the board may be conducted only at the following locations: (1) In the licensed organization's hall where it has its regular meetings. No organization shall rent, lease, or occupy, directly or indirectly, any other property for the purpose of conducting gambling, except an on-sale establishment as permitted in this chapter; or (2) In licensed on-sale liquor, wine, and beer establishments; (3) Notwithstanding subsections (g)(1) and (2) of this section, raffle-only licenses may be approved for any proper location. (h) No location shall be approved for gambling unless it complies with the applicable zoning, building, fire, and health codes of the city. Sec. 22-8. Application and local approval of an off-site premises permit. (a) An organization seeking to conduct lawful gambling on a premises other than its permitted premises and in conjunction with a county or state fair, a church festival, or a civic celebration not to exceed 12 events per year and each event not lasting more than three days shall: (1) File with the city clerk an executed, complete duplicate off-site premises permit application as will be filed with the board at least 30 days prior to the gambling event. (2) No fee shall be assessed by the city in connection with this application. (b) The applicant shall be notified of the date of which the council will consider the application. July 28, 2025 City Council Meeting Minutes 16 (c) The council shall, by a resolution, approve or disapprove the application at the next regularly scheduled council meeting. (d) The council shall disapprove the application for an off-site gambling permit for the following reasons: (1) The applicant has exceeded the number of event occurrences allowed by state statute; (2) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three years; (3) Violation by the on-sale establishment or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws related to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three years; or (4) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Sec. 22-9. Local permits. (a) No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minn. Stats. § 349.166, without a valid local permit. A local permit is not required for the following: i. Bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if the prizes for a single bingo game do not exceed $10, total prizes awarded at a single bingo occasion do not exceed $200, only members of the organization, residents of the nursing home or housing project, and their guests, are allowed to play in a bingo game, no compensation is paid for any persons who conduct the bingo, and a manager is appointed to supervise the bingo. ii. Raffles conducted by an organization, if the value of all raffle prizes awarded by the organization in a calendar year does not exceed $1,500 or, if the organization is a 501(c)3 organization, if the value of all raffle prizes awarded by the organization at one event in a calendar year does not exceed $5,000. (b) Applications for issuance of a local permit shall be on a form prescribed by the city and shall be submitted at least 7 days prior to the gambling event. The form must be accompanied by a proof of non-profit status and the board exempt or excluded application relevant to the gambling activity. (c) When filing an application for the issuance of a local permit under this section, the applicant must pay to the city clerk, in full, the amount of the permit fee as imposed, set, established and fixed by the city council, which fee shall not exceed the maximum dollar amount set by state statute. (d) The city clerk shall disapprove an application for issuance of a local permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three years; (2) Violation by the on-sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to July 28, 2025 City Council Meeting Minutes 17 the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three years; (3) More than one organization will be conducting exempted or excluded lawful gambling activities at any one premises at any one time; (4) Failure of the applicant to pay the permit fee within the prescribed time limit; or (5) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Sec. 22-10. Revocation and suspension of local permit. (a) A local permit may be revoked, or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. (b) A permit shall not be revoked or suspended until notice and an opportunity for a hearing have first been given to the permit holder. The notice shall be personally served and shall state the provision reasonably believed to be violated. The notice shall also state that the permit holder may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. The permit holder must request a hearing at least two weeks prior to the regularly scheduled council meeting. If, as a result of the hearing, the council finds that an ordinance violation exists, then the council may suspend or revoke the permit. Sec. 22-11. License and permit display. All permits issued under state statute or this chapter shall be prominently displayed at the premises where gambling is conducted. Sec. 22-12. Notification of material changes to application. An organization holding a state issued premises permit or a local permit shall notify the city in writing within 10 days whenever there is any material change in the information submitted in the application. Sec. 22-13. Contribution of net profits to fund administered by city. (a) Each licensed organization conducting lawful gambling within the city pursuant to Minn. Stats. § 349.16, shall contribute 10 percent of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund. The city shall disburse the funds for lawful purposes as defined by Minn. Stats. § 349.12, subd. 25. An organization's receipts from lawful gambling that are exempt from licensing under Minn. Stats. § 349.166 are not subject to 10 percent contribution imposed by this section. (b) The 10 percent contribution imposed by this section shall be paid monthly to a fund administered and regulated by the city, without cost to the city, for disbursement for lawful purposes and shall be reported on a duplicate copy of the gambling tax return filed with the board each month. The report shall be July 28, 2025 City Council Meeting Minutes 18 an exact duplicate of the report filed with the board, without deletions or additions, and must contain the signatures of organization officials as required on the report form. At the time of submitting a copy of the gambling tax return, each organization shall also file a computation of charitable contribution form which may be obtained from the city’s finance director. The gambling tax return and payment of the contribution due must be postmarked or, if hand-delivered, received in the office of the finance director on or before the last day of the month following the month for which the report is made. An incomplete gambling tax return will not be considered timely unless corrected and returned by the due date for filing. Delays in the mailing, mail pickups, and postmarking are the responsibility of the organization. The tax return and contribution shall be delivered to: Finance Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Checks shall be made payable to the city. The city must acknowledge financial contributions of licensed organizations conducting lawful gambling to the community and the recipients of the funds. (c) There shall be an interest charge of eight percent per annum on the unpaid balance of all overdue contributions owed by an organization under this section. (d) The city council shall disapprove any pending premises permit application for any organization which owes delinquent contributions to the city. Further, the city may notify the board of any organization owing delinquent contributions to the city and may request that the board revoke or suspend the organization's license. The city council shall not issue or renew any on-sale alcoholic beverage license, bottle club permit, or food license to any organization which owes delinquent contributions to the city. The remedies in this subsection are not exclusive and shall be in addition to any other powers and remedies provided by law. Sec. 22-14. Designated trade area. (a) Each licensed organization conducting lawful gambling within the city shall expend at least 51 percent of its lawful purpose expenditures of gross profits on lawful purposes conducted or located within the city's trade area. (b) This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premises within the city's jurisdiction. Sec. 22-15. Records and reporting. (a) Licensed organizations shall file with the city clerk one copy of all records and reports required to be filed with the board, pursuant to Minn. Stats. ch. 349, and rules adopted pursuant thereto. The records and reports shall be filed on or before the day they are required to be filed with the board. (b) Licensed organizations shall file a report with the city proving compliance with the trade area spending requirements imposed by section 22-14. Such report July 28, 2025 City Council Meeting Minutes 19 shall be made on a form prescribed by the city and shall be submitted annually. Sec. 22-16. Penalty. A violation of any provision of this chapter shall be a misdemeanor. Nothing in this chapter shall preclude the city from enforcing this chapter by means of appropriate legal action. Additionally, a violation of this chapter may be reported to the board and a recommendation may be made for suspension, revocation or cancellation of an organization’s license. Sec. 22-17. Severability. If any provision of this chapter is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. Section II. This ordinance shall be effective following its adoption and publication. Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. Councilmember Lee moved to approve the resolution authorizing publication of the ordinance by title and summary. (4 votes). Resolution 25-07-2422 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 1054 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. 1054, an ordinance amending Chapter 22 of the Maplewood City Code regarding the regulation of lawful gambling; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is six pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of Maplewood, Minnesota: 1. The city clerk shall cause the following summary of Ordinance No. 1054 to be published in the city’s official newspaper in lieu of the entire ordinance: Public Notice On July 28, 2025, the city council of the city of Maplewood adopted Ordinance No. 1054, an ordinance amending Chapter 22 of the Maplewood City Code regarding the July 28, 2025 City Council Meeting Minutes 20 regulation of lawful (charitable) gambling in the city. The ordinance deletes in its entirety the current code concerning lawful gambling and replaces it with a new ordinance which removes obsolete, confusing or inconsistent provisions and simplifies the administration of lawful gambling permits. It also brings the city code into compliance with state law with regard to certain matters. The new ordinance retains provisions requiring licensed organizations conducting lawful gambling within the city to contribute 10 percent of their gross profits to a fund administered by the city for disbursement by the city for purposes allowed by state law. The new ordinance also continues to require that licensed organizations conducting lawful gambling in the city expend at least 51 percent of their gross profits on lawful purposes within the city’s trade area, which includes Maplewood and all cities contiguous to Maplewood. This public notice is intended only to summarize the ordinance. A full copy of the ordinance is available in the office of the city clerk and has been posted on the city’s website. The ordinance shall be effective upon adoption and publication. 2. The city clerk keep a copy of the ordinance in her office at city hall for public inspection. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 8:30 p.m. Andrea Sindt, City Clerk July 28, 2025 City Council Meeting Minutes 21