HomeMy WebLinkAbout2019-07-08 City Council Meeting Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, July 8, 2019
City Hall, Council Chambers
Meeting No. 13-19
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to
order at 7:01 p.m. by Mayor Abrams.
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Mayor Abrams commented on the 4 of July Celebration that took place at Hazelwood Park
in Maplewood.
B. PLEDGE OF ALLEGIANCE
Mr. Anderson, Councilmember Neblett’s father, led the council in the pledge of allegiance.
C. ROLL CALL
Marylee Abrams, Mayor Present
Kathleen Juenemann, Councilmember Present
William Knutson, Councilmember Present
Sylvia Neblett, Councilmember Present
Bryan Smith, Councilmember Present
D. APPROVAL OF AGENDA
Councilmember Smith moved to approve the agenda as submitted.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. Approval of June 24, 2019 City Council Workshop Minutes
Councilmember Juenemann moved to approve the June 24, 2019 City Council Workshop
Minutes as submitted.
Seconded by Councilmember Smith Ayes – All
The motion passed.
2. Approval of June 24, 2019 City Council Meeting Minutes
Mayor Abrams requested that “local Maplewood cat that made national news” be added to
her introductory comment.
Councilmember Neblett moved to approve the June 24, 2019 City Council Meeting Minutes
as amended.
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City Council Meeting Minutes
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
City Manager Coleman gave an update to the council calendar; reviewed other topics of
concern or interest requested by councilmembers; and gave an overview of upcoming
events in the community.
2. Council Presentations
None
3. Tennis Sanitation Recycling Collection Annual Review
Environmental Planner Finwall gave the presentation. Willie Tennis with Tennis Sanitation
addressed the council to give additional information. Angela Hamann with Tennis
Sanitation addressed and answered questions of the council.
Councilmember Juenemann moved to approve the 2018 Recycling Collection Year End
Report and 2019 Recycling Collection Work Plan.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
4. Republic Services Trash and Yard Waste Collection Annual Review
Environmental Planner Finwall gave the presentation. Romack Franklin with Republic
Services addressed the council to give additional information.
Councilmember Juenemann moved to approve the 2018 Trash and Yard Waste Collection
Year End Report and 2019 Trash and Yard Waste Collection Work Plan.
Seconded by Councilmember Smith Ayes – All
The motion passed.
G. CONSENT AGENDA
Councilmember Neblett moved to approve agenda items G1-G6.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
1. Approval of Claims
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Councilmember Neblett moved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 817,216.13 Checks #103837 thru #103880
dated 06/18/19 thru 06/25/19
$ 624,005.99 Disbursements via debits to checking account
dated 06/17/19 thru 06/21/19
$ 578,509.41 Checks # 103881 thru #103908
dated 07/02/19
$ 790,619.03 Disbursements via debits to checking account
dated 06/24/19 thru 06/28/19
$ 2,810,350.56 Total Accounts Payable
PAYROLL
$ 595,942.13 Payroll Checks and Direct Deposits dated 06/28/19
$ 3,183.72 Payroll Deduction check # 99103803 thru # 99103807 dated 06/28/19
$ 599,125.85 Total Payroll
$ 3,409,476.41 GRAND TOTAL
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
2. JPA with Ramsey-Washington Metro Watershed District for an Aerator in
Markham Pond
Councilmember Neblett moved to approve the JPA with Ramsey-Washington Metro
Watershed District for an Aerator in Markham Pond.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
3. Accela Software Subscription Renewal
Councilmember Neblett moved to approve the renewal and payment of the annual Accela
software subscription.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
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4. Resolution for a Lawful Gambling Premises Permit for White Bear Lake Area
Hockey Association at Jake’s City Grille, 1745 Beam Avenue
Councilmember Neblett moved to approve the resolution for a lawful gambling premises
permit for White Bear Lake Area Hockey Association to conduct gambling activities at
Jake’s City Grille, 1745 Beam Avenue.
Resolution 19-07-1714
Lawful Gambling Premises Permit for
White Bear Lake Hockey Association at Jack’s City Grille
WHEREAS, White Bear Lake Area Hockey Association has submitted an
application to the City of Maplewood requesting City approval of a Lawful Gambling
Premises permit application, to be used at Jake’s City Grille, 1745 Beam Avenue,
Maplewood, MN;
WHEREAS, local approval is required prior to the Gambling Control Board’s
issuance of a premises permit;
BE IT HEREBY RESOLVED, by the City Council of Maplewood, MN, that the
premises permit for lawful gambling is approved for White Bear Lake Area Hockey
Association to conduct gambling activities at Jake’s City Grille, 1745 Beam Ave,
Maplewood, MN.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Board approve said permit application as being in compliance with Minnesota
Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, MN, be forwarded to the Gambling Control Board for their approval.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
5. Revision to Parking Waiver Condition, Guldens Restaurant, 2999 Highway 61
Councilmember Neblett moved to approve the request to eliminate the requirement for a
shared-parking easement for a parking waiver of 11 spaces at 2999 Highway 61.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
6. Resolution Declaring Intent to Reimburse Capital Expenditures from Bond
Proceeds
Councilmember Neblett moved to approve the Resolution Declaring the Official Intent of the
City of Maplewood, Minnesota to Reimburse Certain Capital Expenditures from the
Proceeds of Tax-Exempt Bonds.
Resolution 19-07-1715
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Declaring the Official Intent of the City of Maplewood,
Minnesota to Reimburse Certain Capital Expenditures
From the Proceeds of Tax-Exempt Bonds
WHEREAS, the Internal Revenue Service has issued Treasury Regulations,
Section 1.150-2 (the “Reimbursement Regulations”) under the Internal Revenue Code of
1986, as amended (the “Code”), providing that proceeds of tax-exempt bonds used to
reimburse prior capital expenditures will not be deemed spent unless certain requirements
are met; and
WHEREAS, the City of Maplewood, Minnesota, a municipal corporation and a
political subdivision of the State of Minnesota (the “City”), expects to incur certain
expenditures that may be financed temporarily from sources other than tax-exempt bonds,
and later reimbursed from the proceeds of tax-exempt bonds; and
WHEREAS, the City has determined to make this declaration of official intent (the
“Declaration”) to reimburse certain capital costs from the proceeds derived from the sale of
tax-exempt bonds to be issued by the City in accordance with the Reimbursement
Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA AS FOLLOWS:
1. The City may incur or has incurred certain capital expenditures in connection
with: (a) the reconstruction of certain streets and associated curb and gutter and utility
replacement, designated by the City as the Ferndale-Ivey Area Street Improvement Project,
City Project 18-01, and the full-depth reclamation of pavement and underlying materials
with respect to certain streets and associated curb and gutter and utility replacement
designated by the City as the Mailand-Crestview Forest Area Pavement Rehabilitation
Project, City Project18-27 (collectively, the “Assessable Improvements”); and (b) the
reconstruction of certain streets, including various storm sewer, sanitary sewer, watermain,
and stormwater utility improvements, designated by the City as the Gladstone Phase 3
Corridor Improvements, City Project 16-18 (the “Utility Improvements”).
2. The City reasonably expects to reimburse the expenditures made for certain
costs of the Assessable Improvements and the Utility Improvements (collectively, the
“Project”) from the proceeds of tax-exempt bonds in a principal amount currently estimated
not to exceed $4,475,000. All reimbursed expenditures related to the Project will be capital
expenditures, costs of issuance of the tax-exempt bonds or other expenditures eligible for
reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations.
3. This Declaration has been made not later than 60 days after payment of any
original expenditure to be subject to a reimbursement allocation with respect to the
proceeds of tax-exempt bonds, except for the following expenditures: (a) costs of issuance
of tax-exempt bonds; (b) costs in an amount not in excess of the lesser of $100,000 or 5
percent of the proceeds of the tax-exempt bonds; or (c) “preliminary expenditures” up to an
amount not in excess of 20 percent of the aggregate issue price of the tax-exempt bonds
that are reasonably expected by the City to finance the Project. The term “preliminary
expenditures” includes architectural, engineering, surveying, soil testing, bond issuance and
similar costs that are incurred prior to commencement of acquisition, construction, or
rehabilitation of the Project, excluding land acquisition, site preparation, and similar costs
incident to commencement of construction.
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4. A reimbursement allocation with respect to tax-exempt bonds will be made
not later than 18 months after the later of: (i) the date the original expenditure is paid; or
(ii) the date the Project is placed in service or abandoned, but in no event more than 3
years after the original expenditure.
5. This Declaration is an expression of the reasonable expectations of the City
based on the facts and circumstances known to the City as of the date hereof. The
anticipated original expenditures for the Project and the principal amount of the tax-exempt
bonds described in paragraph 2 are consistent with the City’s budgetary and financial
circumstances. No sources other than proceeds of tax-exempt bonds are reasonably
expected to be reserved, allocated on a long-term basis, or otherwise set aside pursuant to
the City’s budget or financial policies to pay such expenditures for which bonds are issued.
6. The action is intended to constitute a declaration of official intent for
purposes of the Reimbursement Regulations.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
H. PUBLIC HEARINGS
None
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. On-Sale Wine License for Tono, LLC (d/b/a Tono Pizzeria + Cheesesteaks), 3088
White Bear Avenue, Suite B
City Clerk Sindt gave the staff report. Antonio Gambino, partner of Tono Pizzeria +
Cheesesteaks addressed the council to give additional information.
Councilmember Neblett moved to approve the On-Sale Wine license for Tono, LLC (d/b/a
Tono’s Pizzeria + Cheesesteaks) at 3088 White Bear Avenue, Suite B.
Seconded by Councilmember Smith Ayes – All
The motion passed.
2. Revocation Hearing - Comforting Hands Massage/Lijun Yang
City Attorney Batty gave the staff report. Commander Shortreed gave additional
information. Don Zhou, counsel for Lijun Yang, addressed the council to give their
statement and did not object to the revocation of the Massage Center License.
Councilmember Juenemann moved to approve the resolution revoking massage center
license for Comforting Hands Massage and massage therapist license for Lijun Yang.
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Resolution 19-07-1716
Resolution Revoking Massage Center License for Comforting
Hands Massage and Massage Therapist License for Lijun Yang
WHEREAS, Chapter 14, Article XX of the Maplewood City Code (“City Code”)
requires anyone desiring to establish a massage therapy business in the city to apply for
and obtain a city-issued massage center business license; and
WHEREAS, Chapter 14, Article XX of the City Code further requires anyone
desiring to engage in massage therapy in the city to apply for and obtain a city-issued
massage therapist license; and
WHEREAS, because the practice of massage therapy is a legitimate business, the
city has licensed several such businesses within the city. However, given the nature of the
business, the potential for such businesses to be used as a front for illegal activities and the
difficulties related to identifying and enforcing violations occurring at massage therapy
establishments compels the city council to carefully scrutinize the activities that take place
at massage therapy businesses and the activities of licensed massage therapists; and
WHEREAS, Lijun Yang (the “Licensee”) is the owner and operator of Comforting
Hands Massage, LLC, a massage business located at 2225 White Bear Avenue, Suite 1,
Maplewood, Minnesota 55109 (the “Business”); and
WHEREAS, the Licensee has obtained a city-issued massage center license for the
Business and a city-issued massage therapist license for herself individually, which
together authorize her to provide customers with massage services at the Business; and
WHEREAS, no other individuals other than the Licensee are licensed by the city to
provide massage therapy services at the Business; and
WHEREAS, the Business recently came to the attention of law enforcement officials
after numerous reports and indications of illegal sexual activity occurring at the Business in
connection with massage services; and
WHEREAS, on May 21, 2019, an undercover law enforcement officer received a
massage at the Business from the Licensee during which the Licensee touched and
attempted to stimulate the officer’s genitalia; and
WHEREAS, on June 3, 2019, following an extensive investigation into the Business
by local law enforcement, police executed a search warrant at the Business and discovered
the following conditions:
(1) Four women other than the Licensee were present at the Business. Each stated
that she performs massage services at the Business, though none of them is
licensed by the city to do so.
(2) The four women each also stated that they reside with the Licensee at her home
but none of them could recite the Licensee’s home address or even the city in
which it was located.
(3) The four women each had what appeared to be luggage and personal effects
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and their own massage room at the Business.
(4) There was food being prepared at the Business, a large mattress, and a shower
with wet towels nearby as if people were using the Business as a residential
dwelling; and
WHEREAS, on June 10, 2019, the Licensee was formally charged in Ramsey
County District Court with engaging in prostitution in a public place, a gross misdemeanor
criminal offense, based on the aforementioned conduct; and
WHEREAS, in light of the events outlined above, city staff initiated formal
proceedings to revoke both the Business’s massage center license and the Licensee’s
massage therapist license and scheduled a revocation hearing for July 8, 2019 during the
regular Maplewood city council meeting; and
WHEREAS, on June 25, 2019, the city clerk mailed written notice of the revocation
hearing to the Licensee via regular United States mail and certified mail to both the
Licensee’s home address and business address; and
WHEREAS, on June 27, 2019, the city clerk emailed written notice of the revocation
hearing to the Licensee at the email address provided on the Licensee’s most recent
renewal application; and
WHEREAS, the city council held a formal revocation hearing regarding the
Licensee’s city-issued massage licenses during its July 8, 2019 regular meeting whereby
the Licensee was provided with due notice and an opportunity to be heard and, based on
all evidence and testimony provided during that hearing, the council hereby finds and
determines the following:
a. The above recitals are adopted and included as express findings of the council
in relation to this matter and are hereby incorporated into these findings as if
fully set forth herein.
b. The Licensee has violated City Code, section 14-1447, which provides that any
touching, manipulation, stimulation or excitation of the sexual or genital anatomy
of a client by a massage therapist during a massage is expressly prohibited.
c. Multiple individuals employed by the Licensee at the Business have violated City
Code, section 14-1464, which makes it unlawful for any person to engage in
business as a massage therapist unless such person is in possession of a city-
issued massage therapist license. The Licensee knowingly allowed multiple
unlicensed individuals to provide massage services at the Business.
d. City Code, section 14-1449 provides that any violation of the requirements
contained in the city’s massage therapy regulations shall be cause for
suspension, revocation or nonrenewal of a massage center license and a
massage therapist license.
e. City Code, section 14-1458 provides that no massage center license shall be
continued in effect unless there is compliance with the minimum conditions and
requirements as set forth in the city’s massage therapy regulations, and that a
failure to maintain compliance shall be cause for denial, suspension or
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revocation of such license.
f. City Code, section 14-1472 provides that no massage therapist license shall be
continued in effect unless there is compliance with the minimum conditions and
requirements as set forth in the city’s massage therapy regulations, and that a
failure to maintain compliance shall be cause for denial, suspension or
revocation of such license.
g. Pursuant to City Code, sections 14-1460(a) and 14-1474, massage therapy
licenses may be revoked for cause following an administrative hearing where
the licensee shall be provided with due notice and an opportunity to be heard on
the matter.
h. The city council is charged with protecting public health, safety, and welfare of
its residents, including from illegal activities of businesses and activities licensed
by the city, and is further authorized to exercise its sound discretion when
considering the revocation of such licenses; provided, however, that the
council’s actions are reasonable under the circumstances and not arbitrary or
capricious.
i. Engaging in unlawful sexual touching of clients and employing unlicensed
massage therapists to provide massage services constitutes multiple violations
of the aforementioned City Code provisions. These violations are sufficient
grounds on which to revoke a massage center license and a massage therapy
license and the city council determines that revoking both of the Licensee’s
licenses is reasonable and appropriate to protect public health, safety, and
welfare and to further prevent unlawful behavior within the city.
NOW, THEREFORE, the Maplewood City Council, based on all evidence and
testimony provided during the revocation hearing and the factual findings and conclusions
of law contained herein, and on the entire record of this matter, hereby resolves as follows:
1. The massage center license issued by the city to Lijun Yang for Comforting
Hands Massage is hereby revoked, effective immediately.
2. The massage therapist license issued by the city to Lijun Yang is hereby
revoked, effective immediately.
3. The city clerk, or her designee, is hereby authorized and directed to provide the
Licensee with a copy of this resolution to serve as notice of the license
revocations established herein.
4. Pursuant to the City Code, the city council is afforded the final decision on
matters related to city-issued massage licenses and, accordingly, the decision
rendered herein is not subject to further appeals within the city. However, the
Licensee has the right to appeal this decision via judicial proceedings and may
wish to consult with legal counsel should she wish to explore that option to
determine the appropriate method and time period.
Seconded by Councilmember Smith Ayes – All
The motion passed.
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3. Ordinance for Requesting a Reasonable Accommodation
a. Ordinance Amending Chapter 44 to Provide a Process for Requesting a
Reasonable Accommodation Pursuant to Federal Law
b. Resolution Authorizing Publication of Ordinance by Title and Summary
(4 votes)
Community Director Thomson gave the staff report.
Councilmember Juenemann moved to approve an ordinance amending Chapter 44 of the
City Code to provide a process for requesting a reasonable accommodation pursuant to
Federal law.
Ordinance 1002
An Ordinance Amending Chapter 44 of the City Code by
Adding Section 44-22 Which Provides a Process for
Requesting a Reasonable Accommodation Pursuant to
Federal Law
The Maplewood City Council ordains as follows:
Section I. The City Council of the city of Maplewood hereby amends Chapter 44, Article I
of the Maplewood code of ordinances by adding a new section 44-22 as follows:
Sec. 44-22. Reasonable Accommodation.
(a) Policy and purpose.
It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988,
to provide reasonable accommodation in the application of its zoning and other regulations
for persons with disabilities seeking fair and equal access to housing. Reasonable
accommodation means providing an individual with a disability or developers of housing for
an individual with a disability flexibility in the application of land use, zoning and other
regulations or policies (including the modification or waiver of certain requirements), when
it is necessary to eliminate barriers to fair housing opportunities. The purpose of this article
is to establish a process for making and acting upon requests for reasonable
accommodation.
(b) Initiation of reasonable accommodation request.
Any person who requests reasonable accommodation in the form of modification in the
application of a zoning or other regulation which may act as a barrier to fair housing
opportunities due to the disability of existing or proposed residents, may do so on an
application form provided by the city manager or such other person as the city manager
may designate from time to time (the “Accommodation Specialist”). “Person” includes any
individual with a disability, his or her representative or a developer or provider of housing
for an individual with a disability. The application shall include a detailed explanation of why
the accommodation is reasonably necessary to make the specific housing available to the
person(s), including information establishing that the applicant is disabled under applicable
laws, as well as other information required by the Accommodation Specialist to make the
determination. If the project for which the request is being made also requires an additional
land use review or approval, the applicant shall file the request concurrently with the land
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use review.
(c) Accommodation Specialist determination; required findings.
The Accommodation Specialist, in consultation with the city attorney, shall have the
authority to consider and act on requests for reasonable accommodation. The
Accommodation Specialist shall issue a written decision in which the request is approved,
approved subject to conditions, or denied. In making the decision as to whether an
accommodation is reasonable, the following factors shall be considered:
(1) Special need created by the disability;
(2) Potential benefit that can be accomplished by the requested accommodation;
(3) Need for the requested accommodation, including alternatives that may
provide an equivalent level of benefit;
(4) Physical attributes of and any proposed changes to the subject property and
structures;
(5) Potential impact on surrounding uses;
(6) Whether the requested accommodation would constitute a fundamental
alteration of the zoning regulations, policies or procedures of the city, and/or
nature of the area in which the accommodation is being requested;
(7) Whether the requested accommodation would impose an undue financial or
administrative burden on the city; and
(8) Any other factor that may be determined to have a bearing on the request.
Any approval issued under this section may include such reasonable conditions that the
Accommodation Specialist deems necessary to mitigate any adverse impacts that the
granting of such reasonable accommodation may produce or amplify.
(d) Notice of decision.
The written decision of the Accommodation Specialist shall be mailed to the applicant within
five business days of such decision being made. All written decisions shall give notice of the
right to appeal a decision of the Accommodation Specialist pursuant to paragraph (h) below.
The decision of the Accommodation Specialist shall constitute the final decision of the city,
unless appealed according to the procedures and within the time limits provided in
paragraph (h). Only the aggrieved applicant of the written reasonable accommodation
determination has a right to appeal the decision. A reasonable accommodation approved
under this ordinance shall become effective on the first calendar day following expiration of
the right to appeal.
(e) Applicability.
Any approved request shall constitute a limited license which shall allow the property owner
or occupant to continue to rely upon such accommodation only so long as they own or
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occupy the property. Approval of a reasonable accommodation does not constitute a
property right, does not run with the land, and does not provide future owners or occupants
any rights to rely upon such accommodation approvals. Only the person who applied for
such reasonable accommodation, and who is specifically named in the city’s approval of
such accommodation, shall be entitled to the benefits and protections thereof.
(f) Conditions and guarantees.
Prior to the issuance of any permits relative to an approved reasonable accommodation
request, the Accommodation Specialist may require the applicant to record a covenant
acknowledging and agreeing to comply with the terms and conditions established in the
determination.
(g) Fee.
The city council shall annually set a fee in connection with a request for reasonable
accommodation made pursuant to the provisions of this article. Additional fees for any other
required permit or approval shall also be charged in accordance with the city’s general fee
schedule.
(h) Appeals.
Any decision reached by the Accommodation Specialist pursuant to paragraph (d) above
shall be subject to appeal to the city council by those persons with a right to appeal as
provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing, to
the Accommodation Specialist within 30 days of the date upon which the decision was made.
Upon notice of appeal, the city manager shall present such appeal to the city council for
action within 30 days. The Accommodation Specialist shall also serve notice of such appeal
on all parties entitled to receive notice of a decision issued under paragraph (d) above.
Following a hearing on such appeal, the city council shall issue its findings, in writing, within
30 days.
SECTION II. This ordinance shall be effective following its adoption and publication.
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Approved by the City Council of the city of Maplewood this 8 day of July, 2019.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
Councilmember Juenemann moved to approve the resolution authorizing publication of
ordinance by title and summary.
Resolution 19-07-1717
Authorizing Publication of
Ordinance No. 1002 by Title and Summary
WHEREAS, the city council of the city of Maplewood has adopted Ordinance No.
1002, an ordinance amending Chapter 44 of the city code regarding reasonable
accommodation; and
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WHEREAS, Minnesota Statutes, § 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 several 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 the City of Maplewood
that the City Clerk shall cause the following summary of Ordinance No. 1002 to be published
in the official newspaper in lieu of the entire ordinance:
Public Notice
The Maplewood City Council has adopted Ordinance No. 1002, which amends Chapter
44 of the city code regarding reasonable accommodation. This ordinance amendment
provides reasonable accommodation in the application of the city’s zoning and other
regulations for persons with disabilities seeking fair and equal access to housing.
Reasonable accommodation means providing an individual with a disability or developers of
housing for an individual with a disability flexibility in the application of land use, zoning and
other regulations or policies (including the modification or waiver of certain requirements),
when it is necessary to eliminate barriers to fair housing opportunities
BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the
City Clerk keep a copy of the ordinance in her office at city hall for public inspection.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
4. RPS Legacy Twin Home, 380 Skillman Avenue East
a. Zoning Map Ordinance Amendment
b. Variance Resolution
Community Director Thomson gave the staff report.
Mayor Abrams moved to approve the zoning map amendment ordinance amendment which
approves the rezoning from Single Dwelling (R1) to Double Dwelling (R2) to allow a twin
home to be constructed at 380 Skillman Avenue East.
Ordinance 1003
A Zoning Map Ordinance Amendment Rezoning the Property at
380 Skillman Avenue from R1, Single Dwelling Residence District, to
R2, Double Dwelling Residence District
The Maplewood City Council ordains as follows:
Section 1.
1.1 The property at 380 Skillman Avenue is hereby rezoned from R1, single dwelling
residence district, to R2, Double Dwelling Residence District.
1.2 The property is legally described as LOTS 1, 2, 29 AND 30, BLOCK 3,
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MAGOFFINS NORTH SIDE ADDITION TO ST. PAUL.
1.3 The property identification number for the lot is: 17-29-22-23-0040.
Section 2.
2.1 This ordinance is based on the following findings:
1. The proposed change is consistent with the spirit, purpose and intent of the City’s
Double Dwelling (R2) Zoning District.
2. The proposed change will not substantially injure or detract from the use of
neighboring property or from the character of the neighborhood and that the use of the
property adjacent to the area included in the proposed change or plan is adequately
safeguarded.
3. The proposed change will serve the best interests and conveniences of the
community, where applicable, and the public welfare.
4. The proposed change will allow for the logical, efficient, and economical extension of
public services and facilities, such as public water, sewers, police and fire protection and
schools.
Section 3. This ordinance is effective immediately.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
Councilmember Smith moved to approve the variance resolution which approves a 20-foot
lot width to allow a twin home to be constructed at 380 Skillman Avenue East.
Resolution 19-07-1718
Lot Width Variance
WHEREAS, RPSLegacy711 Land Holdings, LLC, owner of the property located at
380 Skillman Avenue, has applied for a 20-foot lot width variance to enable the construction
of a twin home on a lot with a width of 80 feet.
WHEREAS, Section 44-244(c)(2) requires that the minimum lot width for corner lots
in the double dwelling zoning residence shall be 100 feet.
WHEREAS, the applicant is proposing a lot width of 80 feet for a corner lot in a
double dwelling zoning residence.
WHEREAS, this variance applies to the property located at 380 Skillman Avenue.
The legal description of the property is:
That part of Lots 1, 2, 29 AND 30, BLOCK 3, MAGOFFINS NORTH SIDE
ADDITION TO ST. PAUL
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WHEREAS, the property identification number for the lot is: 17-29-22-23-0040
WHEREAS, the history of this variance is as follows:
1. On June 18, 2019, the planning commission held a public hearing. The city staff
published a hearing notice in the Maplewood Review 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 variance.
2. On July 8, 2019, the city council discussed variance. They considered reports and
recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above
described variance for the following reasons:
1. The proposed use would be in harmony with the general purposes and intent of the
zoning ordinance.
2. The proposed use is consistent with the low density classification of the Maplewood
Comprehensive Plan.
3. The applicant is proposing to use the property in a reasonable manner that would
otherwise not be permitted by the city’s requirement that corner lots in the double
dwelling zoning district have a minimum lot width of 100 feet.
4. Strict enforcement of the ordinance would cause the applicant practical difficulty
because of circumstances unique to the property and not created by the property
owner.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
K. AWARD OF BIDS
None
L. ADJOURNMENT
Mayor Abrams adjourned the meeting at 8:23 p.m.
July 8, 2019 15
City Council Meeting Minutes