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HomeMy WebLinkAbout2023-02-13 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 13, 2023 City Hall, Council Chambers Meeting No. 03-23 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Abrams. Mayor Abrams introduced Boy Scout Troop 9060, which meets at Lutheran Church of Peace, and reported meeting with the troop and inviting them to the council meeting. B. PLEDGE OF ALLEGIANCE The following Boy Scout Troop 9060 members let the council in the pledge of allegiance: Max Lutz, Kevin David, Ritham Podaralla, Jonah Wrich, Albert Wright, Joseph “JB” Ketter, Charlie Buran, Keng Thao, Oskar Kleiter, Cha Zong Vang, with leaders: Brian Wright, David Menier, David John, & Christopher Lutz. C. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Chonburi Lee, Councilmember Present Nikki Villavicencio, Councilmember Present D. APPROVAL OF AGENDA The following items were added to Council Presentations: Highlights from the Maplewood Living Purple Line meeting with Met Council MAC Member Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Lee Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. January 23, 2023 City Council Workshop Meeting Minutes Councilmember Cave moved to approve the January 23, 2023 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All February 13, 2023 City Council Meeting Minutes 1 The motion passed. 2. January 23, 2023 City Council Meeting Minutes Councilmember Cave moved to approve the January 23, 2023 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 Coleman gave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2. Council Presentations Highlights from the Maplewood Living Councilmember Juenemann highlighted the Maplewood Living articles on the Arbor Day tree sale, closing of the city medicine collection box and alternative sites, and the winter gnome challenge taking place at the Nature Center. Purple Line meeting with Met Council Councilmember Juenemann shared her thoughts on the meeting with the Met Council regarding the Purple Line. MAC Member Councilmember Lee reported MAC member Steve Langdon is stepping down and requested a resolution of appreciation. 3. Resolution for Commissioner Appointments City Manager Coleman gave the staff report. Councilmember Juenemann moved to approve the resolution to appoint the candidates to the commission as indicated below. Resolution 23-02-2168 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be appointed to the following commission or board: Environmental & Natural Resources Commission (two openings) February 13, 2023 City Council Meeting Minutes 2 Nancy Edwards term expires September 30, 2026 David Lates term expires September 30, 2025 Seconded by Councilmember Cave Ayes – All The motion passed. 4. Housing and Economic Development Commission Next Steps City Manager Coleman gave the staff report. City Attorney Batty and Community Development Director Parr provided additional information. Council consensus was to move forward with decommissioning the HEDC. No action required. 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 item G3 a. was pulled for a separate vote. Councilmember Cave moved to approve agenda items G1, G2, G3 b, c, d, & G4-G9. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Cave moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 2,143,831.80 Checks # 110331 thru # 110353 dated 1/20/23 $ 128,297.27 Checks # 110354 thru # 110380 dated 1/24/23 $ 931,037.90 Checks # 110381 thru # 110402 dated 1/31/23 $ 155,471.57 Checks # 110403 thru # 110429 dated 2/07/23 $ 4,045,050.20 Disbursements via debits to checking account dated 01/16/23 thru 02/05/23 February 13, 2023 City Council Meeting Minutes 3 $ 7,403,688.74 Total Accounts Payable PAYROLL $ 808,141.73 Payroll Checks and Direct Deposits dated 1/20/23 $ 663,299.68 Payroll Checks and Direct Deposits dated 2/03/23 $ 1,471,441.41 Total Payroll $ 8,875,130.15 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Local Lawful Gambling Permit for Knights of Columbus #4374, 1695 Kennard Street Councilmember Cave moved to approve the Local Lawful Gambling permit for Knights of Columbus #4374 for their event on March 25, 2023. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Collective Bargaining Agreements a. AFSCME (2023 – 2025) b. MSA (2023 – 2025) c. IAFF Fire Fighters (2022 – 2024) d. LELS Local 173 Police Sergeants (2022) Agenda item G3 a. was amended to correct 2 items. Article 12.1 was corrected to red-line the first sentence stating a “9 month probationary period”. Article 31 was corrected to reference “Appendix B”. Councilmember Cave moved to approve the 2023-2025 Collective Bargaining Agreement between the City of Maplewood and AFSCME and authorize the Mayor and City Manager to execute the contract on behalf of the City as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Cave moved to approve the 2023-2025 Collective Bargaining Agreement between the City of Maplewood and MSA and authorize the Mayor and City Manager to execute the contract on behalf of the City. Seconded by Councilmember Juenemann Ayes – All February 13, 2023 City Council Meeting Minutes 4 The motion passed. Councilmember Cave moved to approve the 2022-2024 Collective Bargaining Agreement between the City of Maplewood and IAFF Fire Fighters and authorize the Mayor and City Manager to execute the contract on behalf of the City. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Cave moved to approve the 2022 Collective Bargaining Agreement between the City of Maplewood and LELS Local 173 Police Sergeants and authorize the Mayor and City Manager to execute the contract on behalf of the City. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Resolution Approving the City of Maplewood’s Amended Flexible Benefits Plan Councilmember Cave moved to approve the resolution approving the City of Maplewood’s amended Flexible Benefit Plan, effective January 1, 2023. Resolution 23-02-2169 RESOLUTION APPROVING THE CITY OF MAPLEWOOD’S AMENDED FLEXIBLE BENEFITS PLAN WHEREAS, the current City of Maplewood’s Flexible Benefits Plan was last amended in July 2011. WHEREAS, changes have occurred since 2011 including specifically, changes to the annual limits to the pre-tax flexible spending accounts (FSA), plan design change to the FSA plan and minor Affordable Care Act changes. NOW, THEREFORE, BE IT RESOLVED that the amended Flexible Benefits Plan, effective January 1, 2023, presented at this meeting is hereby approved and adopted. Seconded by Councilmember Juenemann Ayes – All The motion passed. 5. Resolution for Reduction of Retainage on Existing Construction Contract, Cope Avenue Improvements, City Project 21-06 Councilmember Cave moved to approve the resolution for reduction of retainage on existing construction contract for the Cope Avenue Improvements, City Project 21-06. Resolution 23-02-2170 REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT COPE AVENUE IMPROVEMENTS, CITY PROJECT 21-06 February 13, 2023 City Council Meeting Minutes 5 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 21-06, Cope Avenue Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, Park Construction Co., has completed the majority of the project construction contract work, with only minor restoration remaining. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. A reduction in retainage on the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5.0% to 2.5% Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Sterling Street Bridge Replacement, City Project 16-25 a. Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 b. Resolution Directing Final Payment and Acceptance of Project Councilmember Cave moved to approve the resolution Directing the Modification of Existing Construction Contract, Change Order No. 2, Sterling Street Bridge Replacement, City Project 16-25, and authorize the Mayor and City Manager to sign Change Order #2. Resolution 23-02-2171 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, PROJECT 16-25, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Sterling Street Bridge Replacement, City Project 16-25, and has let a construction contract, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Sterling Street Bridge Replacement, City Project 16-25, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that 1. The Mayor, City Manager, and City Engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 which is an increase of $8,700.00. 2. The revised contract amount is $734,750.40 Seconded by Councilmember Juenemann Ayes – All The motion passed. February 13, 2023 City Council Meeting Minutes 6 Councilmember Cave moved to approve the resolution Directing Final Payment and Acceptance of Project for the Sterling Street Bridge Replacement, City Project 16-25. Resolution 23-02-2172 DIRECTING FINAL PAYMENT AND ACCEPTANCE OF PROJECT STERLING STREET BRIDGE REPLACEMENT, CITY PROJECT 16-25 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Sterling Street Bridge Replacement, City Project 16-25, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Sterling Street Bridge Replacement, City Project 16-25, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 16-25 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $733,965.74. Final payment to Northland Grading and Excavation and the release of any retainage or escrow is hereby authorized. Seconded by Councilmember Juenemann Ayes – All The motion passed. 7. Resolution Entering into a Limited Use Permit for Operation and Maintenance of a Trail Along Trunk Highway No. 5 between the Minnesota Department of Transportation and City of Maplewood, City Project 20-28 Councilmember Cave moved to approve the resolution authorizing the City of Maplewood to enter into a Limited Use Permit for Operation and Maintenance of a Trail along Trunk Highway No. 5 between the Minnesota Department of Transpiration and the City of Maplewood. The Mayor and City Manager are authorized to sign said agreement signifying council approval. Minor revisions as approved by the City attorney are authorized as needed. Resolution 23-02-2173 AUTHORIZATION TO ENTER INTO LIMITED USE PERMIT NO. 6230-0224 BE IT RESOLVED, that the City of Maplewood enter into Limited Use Permit No. 6230-0224 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance and use by the City of Maplewood upon, along, and adjacent to Trunk Highway No. 5 and the limits of which are defined in said Limited Use Permit. NOW, THEREFORE BE IT FURTHER RESOLVED by the City Council of the City of Maplewood, Minnesota that the Mayor and City Manager are authorized to execute and enter into the Limited Use Permit (Permit No. 6230-0224). February 13, 2023 City Council Meeting Minutes 7 Seconded by Councilmember Juenemann Ayes – All The motion passed. 8. Cooperative Agreement for Operation and Maintenance of the Silver Lake Aerator, City Project 23-01 Councilmember Cave moved to enter into a Cooperative Agreement for Operation and Maintenance of the Silver Lake Aerator between Ramsey County, the City of North Saint Paul, and Valley Branch Watershed District, and the City of Maplewood. The Mayor and City Manager are authorized to sign said agreement signifying Council approval. Minor revisions as approved by the City Attorney are authorized as needed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 9. Purchase of a Single Axle Plow Truck Councilmember Cave moved to approve the purchase of a single axle plow truck and direct the Mayor and City Manager to enter into a contract with Nuss Truck and Equipment for the purchase under MN State Contract #T647(5) in the amount of $130,557.41 and a contract with Towmaster Truck Equipment under MN State Contract #222949 in the amount of $184,934.00. Seconded by Councilmember Juenemann Ayes – All 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 tion passed I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. On-Sale Club and Sunday Sales License for Maplewood Moose Lodge #963 dba Maplewood Moose Lodge, 1832 Gervais Court City Clerk Sindt gave the staff report. Gary Lenart, Administrator at the Maplewood Moose Lodge, addressed the council. Councilmember Juenemann moved to approve the On-Sale Club and Sunday Sales License for Maplewood Moose Lodge #963 dba Maplewood Moose Lodge, 1832 Gervais Court. Seconded by Councilmember Villavicencio Ayes – All February 13, 2023 City Council Meeting Minutes 8 The motion passed. 2. Resolution Accepting Feasibility Study, Authorizing Preparation of Plans & Specifications, and Calling for a Public Hearing for Myrtle-Sterling Area Street Improvements, City Project 22-16 Public Works Director Love gave the presentation. Councilmember Juenemann moved to approve the Resolution Accepting the Feasibility Report, Authorizing the Preparation of Plans and Specifications, and Calling for a Public Hearing at 7:00 p.m. on February 27, 2023 for the Myrtle-Sterling Area Street Improvements, City Project 22-16. Resolution 23-02-2174 ACCEPTING FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to a resolution of the council adopted August 8th, 2022, a report has been prepared by the City Engineering Division with reference to the improvement of the Myrtle-Sterling Area Street Improvements, City Project 22-16, and this report was received by the council on February 13th, 2023. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City Council will consider the Myrtle-Sterling Area Street Improvements, City Project 22-16 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total project cost of $5,391,700. 2. The City Engineer or his designee is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The Finance Director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $5,391,700 shall be established. The proposed financing plan is as follows: Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (G.O.) Improvement Bonds $2,142,100 40% Environmental Utility Fund $1,287,100 24% Sanitary Sewer Fund $70,700 1.5% Water Area Fund $25,600 0.5% St. Paul Regional Water Services (SPRWS) $1,041,700 19% Special Benefit Assessments $824,500 15% Total Estimated Project Funding: $5,391,700 100% February 13, 2023 City Council Meeting Minutes 9 4. A public hearing shall be held on such proposed improvement on the 27th day of February, 2023 at 7:00 PM. The City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Lee Ayes – All The motion passed. 3. Resolution Accepting Feasibility Study, Authorizing Preparation of Plans & Specifications, and Calling for a Public Hearing for Woodlynn-Southlawn Area Street Improvements, City Project 22-17 Public Works Director Love gave the presentation. Councilmember Lee moved to approve the Resolution Accepting the Feasibility Report, Authorizing the Preparation of Plans and Specifications, and Calling for a Public Hearing at 7:00 p.m. on February 27, 2023 for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17. Resolution 23-02-2175 ACCEPTING FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to a resolution of the council adopted August 8th, 2022, a report has been prepared by the City Engineering Division with reference to the improvement of the Woodlynn-Southlawn Area Street Improvements, City Project 22-17, and this report was received by the council on February 13th, 2023. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City Council will consider the Woodlynn-Southlawn Area Street Improvements, City Project 22-17 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total project cost of $3,527,800. 2. The City Engineer or his designee is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The Finance Director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $3,527,800 shall be established. The proposed financing plan is as follows: Estimated Project Cost Recovery Funding Source Total Amount % of Total February 13, 2023 City Council Meeting Minutes 10 General Obligation (GO) Bonds $348,600 10% Environmental Utility Fund $227,000 6% Sanitary Sewer Fund $73,500 2% Water Area Fund $58,300 2% Street Revitalization Fund $1,822,700 52% Special Benefit Assessments $997,700 28% Total Estimated Project Funding: $3,527,800 100% 4. A public hearing shall be held on such proposed improvement on the 27th day of February, 2023 at 7:00 PM. The City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Resolution Ordering the Abatement of Conditions Creating a Hazardous Property and Public Nuisance at 1742 ½ English Street Public Works Director Love gave the presentation. City Attorney Batty provided further information. Councilmember Juenemann moved to approve the Resolution Ordering the Abatement of Conditions Creating a Hazardous Property and Public Nuisance at 1742 ½ English Street, Resolution 23-02-2176 RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS PROPERTY AND PUBLIC NUISANCE AT 1742 ½ ENGLISH STREET RECITALS WHEREAS, the property located at 1742 ½ English Street, legally described on Exhibit A attached hereto (the “Subject Property”), contains a single-family dwelling (the “Dwelling”) and is located in the city of Maplewood (the “City”); and WHEREAS, the Subject Property is owned by Jose Vega (the “Owner”) and to the best of the City’s knowledge is currently unoccupied; and WHEREAS, the Subject Property is approximately 0.08 acres in size and does not have street frontage; and WHEREAS, because the Subject Property does not have street frontage or private easement rights to install utility service lines, connecting to nearby public sewer and water mains is not presently viable; and WHEREAS, to the best of the City’s knowledge, there is a well on the Subject Property that provides the Dwelling with groundwater; and WHEREAS, in lieu of connecting to City sewer, the Dwelling has long been served by a privately owned individual subsurface sewage treatment system (“SSTS”); and February 13, 2023 City Council Meeting Minutes 11 WHEREAS, on December 15, 2021, an inspection of the SSTS on the Subject Property was performed by Brian Humpal, an MPCA-licensed SSTS inspector, pursuant to City requirements; and WHEREAS, during said inspection, it was observed that the SSTS was installed in approximately 1940 and consists only of a cesspool (the “Cesspool”); and WHEREAS, pursuant to Minnesota Rules, section 7080.1500, subp. 4.B, cesspools are noncompliant sewage treatment systems because they do not adequately protect local groundwater; and WHEREAS, on January 7, 2022, a letter was sent to the Owner informing him that the Cesspool was noncompliant and that, pursuant to section 40-234(c) of the Maplewood City Code (the “City Code”), the Cesspool must be upgraded, repaired, replaced, or abandoned, in accordance with state and local requirements, within three months; and WHEREAS, the Owner did not respond to the aforementioned letter, and so on August 30, 2022, another letter was sent to the Owner, again informing him that the Cesspool is noncompliant under state law and constitutes a hazard and a public nuisance; and WHEREAS, following the City’s most recent letter, City staff was contacted by the Owner’s contractor who indicated that the Subject Property is too small to accommodate a new SSTS. The contractor inquired about whether a holding tank could be permanently installed on the Subject Property to collect sewage from the Dwelling, and City staff informed said contractor that permanent holding tanks are expressly prohibited under section 40-271(c) of the City Code; and WHEREAS, to date, the Cesspool still exists on the Subject Property and there is no legally compliant method for collecting wastewater generated inside of the Dwelling; 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, Minnesota Rules, section 1300.0180 provides that equipment regulated by the Minnesota State Building Code, including private plumbing and utilities, is unsafe if it is a “health hazard; an unsanitary condition; or \[is\] otherwise dangerous to human life” and further deems the “\[u\]se of a building, structure, or building service equipment constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purposes of this part, an unsafe use”; and WHEREAS, Minnesota Rules, section 1300.0180 also provides that all unsafe buildings, structures, or appendages are public nuisances that “must be abated by repair, rehabilitation, demolition, or removal according to Minnesota Statutes, sections 463.15 to 463.26”; and WHEREAS, section 713.2 of the Minnesota State Plumbing Code, which is part of the building code and adopted by reference in section 12-36 of the City Code, expressly requires February 13, 2023 City Council Meeting Minutes 12 buildings that are not connected to public sewer to be served by an approved private sewage disposal system; and WHEREAS, section 18-28(b) of the City Code deems it a public nuisance for any cesspool in the City to become offensive, nauseous or injurious to health; 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, 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, based on the foregoing, City staff, including the City’s building official and its public works director, are of the opinion that the Subject Property and the Dwelling located thereon are hazardous, unsafe, and a public nuisance; and WHEREAS, Minnesota Statutes, section 463.161 and section 18-37 of the City Code authorize the City council to order the owner of any hazardous property or nuisance property within the City to correct or remove said conditions; and WHEREAS, by letters dated and mailed on January 7, 2022 and August 30, 2022, the City notified the Owner of the hazardous and nuisance conditions summarized herein, as well as the steps needed to correct said conditions; and WHEREAS, the Owner has not corrected any of the unlawful conditions of the Subject Property and said conditions 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 or property 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 nuisance on any premises; and WHEREAS, based on the information presented, the City council has determined that the condition of the Subject Property constitutes a hazard, is unsafe, and is a nuisance, all in violation of 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, and unsafe, as defined in Minnesota Rules, section 1300.0180. February 13, 2023 City Council Meeting Minutes 13 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. 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 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 1742 ½ English Street, 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 conditions which exist on the property located at: 1742 ½ English Street, in the city of Maplewood, Ramsey County, which property is legally described as follows: The North 100 feet of the South 767.56 feet, except the West 158 feet of the Southwest Quarter of Section 15, Township 29, Range 22, lying West of the Northern Pacific Railway Right of Way, Ramsey County, Minnesota The city of Maplewood, pursuant to Minnesota Statutes, chapter 463 and the Minnesota State Building Code, has determined that the condition of the property located at the above-referenced address is hazardous and unsafe because wastewater produced by or disposed of within the dwelling located thereon is being deposited into a cesspool. The dwelling’s plumbing fixtures are not otherwise February 13, 2023 City Council Meeting Minutes 14 connected to public sewer, nor are they serviced by a compliant individual subsurface sewage treatment system. For those reasons, the city of Maplewood, pursuant to chapter 18 of the Maplewood City Code and Minnesota Statutes, section 609.74, also has determined that the property located at the above-referenced address constitutes a public nuisance. Pursuant to the above-referenced statutes and ordinances, it is hereby ORDERED that you abate the hazardous conditions within 45 days of the date of service of this Order by performing one of the following: 1. Replace the cesspool with a compliant individual subsurface sewage treatment system that serves the dwelling on the subject property and meets all state and local requirements; 2. Acquire permanent easement rights from neighboring landowners to accommodate a private sewer service line and thereafter connect the dwelling on the subject property to city sewer; or 3. Demolish the dwelling on the subject property to prevent the ability to deposit wastewater generated on the property into the noncompliant cesspool. All work completed is subject to permitting and required inspections by staff members of the city to ensure compliance with applicable rules and law. You are further advised that unless such corrective action is taken or an answer is served on the city and filed with the Ramsey County District Court Administrator 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. You are further advised that if you do not comply with this Order and the city is compelled to take corrective action, it will pursue the dwelling’s demolition and 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 Maplewood 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 ______________, 2023 KENNEDY & GRAVEN, CHARTERED By: David T. Anderson (#0393517) 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 Attorney for City of Maplewood February 13, 2023 City Council Meeting Minutes 15 ACKNOWLEDGMENT The undersigned acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211, subd. 2, to the party against whom the allegations in this pleading are asserted. David T. Anderson Seconded by Councilmember Lee Ayes – All The motion passed. E. AWARD OF BIDS None F. ADJOURNMENT Mayor Abrams adjourned the meeting at 8:16 p.m. Andrea Sindt, City Clerk February 13, 2023 City Council Meeting Minutes 16