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
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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)
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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
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$ 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
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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
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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.
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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).
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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
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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%
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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
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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
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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
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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.
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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
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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
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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
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