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HomeMy WebLinkAbout2023-08-28 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 28, 2023 City Hall, Council Chambers Meeting No. 16-23 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 noted the change of seasons from summer to fall is beginning and also stated that it is budget season in the city and encouraged residents to visit the city’s website for a survey and information on the 2024 budget. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Chonburi Lee, Councilmember Present Nikki Villavicencio, Councilmember Present D. APPROVAL OF AGENDA Councilmember Lee moved to approve the agenda as submitted. Seconded by Councilmember Cave Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. August 14, 2023 City Council Workshop Meeting Minutes Councilmember Juenemann moved to approve the August 14, 2023 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Lee Ayes – All The motion passed. 2. August 14, 2023 City Council Meeting Minutes Councilmember Cave moved to approve the August 14, 2023 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All August 28, 2023 City Council Meeting Minutes 1 The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update Assistant City Manager/HR Director Darrow gave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2. Council Presentations None 3. Strategic Plan Update for Second Quarter 2023 Administrative Services & Performance Measurement Coordinator Knutson gave the presentation. Councilmember Cave moved to accept the Strategic Plan Report for Second Quarter of 2023. Seconded by Councilmember Juenemann Ayes – All The motion passed. G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda item G15 was highlighted Councilmember Lee moved to approve agenda items G1-G15. Seconded by Councilmember Juenemann Agenda item G4 was pulled to be heard and voted on separately. Councilmember Juenemann moved to amend the approval of the consent agenda items G1- G3 & G5-G15. Seconded by Councilmember Lee Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: August 28, 2023 City Council Meeting Minutes 2 $ 538,655.59 Checks # 111227 thru # 111255 dated 8/15/23 $ 227,351.39 Checks # 111256 thru # 111297 dated 8/22/23 $ 419,887.71 Disbursements via debits to checking account dated 08/07/23 thru 08/20/23 $ 1,185,894.69 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits $ 687,607.71 dated 8/18/23 $ 687,607.71 Total Payroll $ 1,873,502.40 GRAND TOTAL Seconded by Councilmember Lee Ayes – All The motion passed. 2. State of Minnesota Office of Traffic Safety DWI/Traffic Safety Grant 2024 Councilmember Juenemann moved to approve the grant agreement with the State of Minnesota Office of Traffic Safety for the 2024 DWI/Traffic Safety Officer. Seconded by Councilmember Lee Ayes – All The motion passed. 3. Resolution Identifying the Need For Livable Communities Demonstration Account Funding and Authorizing Application for Grant Funds, JB Vang’s Gladstone Village, 1310 Frost Avenue Councilmember Juenemann moved to approve the resolution identifying the need for Livable Communities Demonstration Account funding and authorizing application for grant funds for JB Vang’s Gladstone Village project at 1310 Frost Avenue. Resolution 23-08-2238 RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING APPLICATION FOR GRANT FUNDS FOR GLADSTONE VILLAGE WHEREAS, the City of Maplewood is a participant in the Livable Communities Act's Local Housing Incentives Account Program for 2023 as determined by the Metropolitan Council, and is, therefore, eligible to apply for Livable Communities Demonstration Account funds; and August 28, 2023 City Council Meeting Minutes 3 WHEREAS, the Maplewood City Council has identified a proposed project within the City to be developed by JB Vang Partners that meets the Demonstration Account's purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan development guide; and WHEREAS, JB Vang Partners has requested that the Maplewood City Council sponsor an application for Livable Communities Demonstration Account funds for its Gladstone Village project in the City of Maplewood; and WHEREAS, the Maplewood City Council has the institutional, managerial and financial capability to ensure adequate project grant administration; and WHEREAS, the Maplewood City Council certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS, the Maplewood City Council agrees to act as legal sponsor for the project contained in the grant application submitted on August 14, 2023; and WHEREAS, the Maplewood City Council acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment projects elsewhere in the region, and therefore represents that the proposed project(s) or key components of the proposed project(s) can be replicated in other metropolitan-area communities; and WHEREAS, only a limited amount of grant funding is available through the Metropolitan Council's Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. NOW, THEREFORE BE IT RESOLVED, that, after appropriate examination and due consideration, the Maplewood City Council: 1. Finds that it is in the best interests of the City's development goals and priorities for the proposed project to occur at this particular site and at this particular time. 2. Finds that the project components for which Livable Communities Demonstration Account funding is sought: a. will not occur solely through private or other public investment within the reasonably foreseeable future; and b. will occur within three years after a grant award only if Livable Communities Demonstration Account funding is made available for this project at this time. 3. Represents that JB Vang Partners has undertaken reasonable and good faith efforts to procure funding for the project components for which Livable Communities Demonstration Account funding is sought but was not able to find or secure from other sources funding that is necessary for project component completion within three years. August 28, 2023 City Council Meeting Minutes 4 4. Authorizes its City Manager to submit on behalf of the Maplewood City Council and JB Vang Partners an application for Metropolitan Council Livable Communities Demonstration Account grant funds for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the Maplewood City Council. Seconded by Councilmember Lee Ayes – All The motion passed. Mayor Abrams stated the intention of abstaining on G4 and passed mayoral duties to Councilmember Villavicencio. Acting Mayor Villavicencio called for a motion on agenda item G4. 4. Conditional Use Permit Review, The American Cooperative on Lake Phalen, 1875 East Shore Drive North Councilmember Cave moved to approve the CUP review for The American Cooperative on Lake Phalen at 1875 East Shore Drive and review again in one year. Seconded by Councilmember Juenemann Ayes – Councilmember Cave Councilmember Juenemann Councilmember Lee Councilmember Villavicencio Abstain – Mayor Abrams due to personal interest The motion passed. Mayoral duties returned to Mayor Abrams. 5. Conditional Use Permit Review, Used Auto Sales, 1705 Cope Avenue East Councilmember Juenemann moved to approve the CUP review for Used Auto Sales at Maplewood Office Park, located at 1705 Cope Avenue East, and review again only if a problem arises or a significant change is proposed. Seconded by Councilmember Lee Ayes – All The motion passed. 6. Conditional Use Permit Review, Hosanna Karen Baptist Church, 1818 Gervais Court East Councilmember Juenemann moved to approve the CUP review for Hosanna Karen Baptist Church, located at 1818 Gervais Court East, and review again in one year. Seconded by Councilmember Lee Ayes – All The motion passed. August 28, 2023 City Council Meeting Minutes 5 7. Conditional Use Permit Review, Cassia Senior Housing Facility, 1438 County Road C East Councilmember Juenemann moved to approve the CUP review for Cassia Senior Housing Facility, located at 1534 County Road C East, and review again in one year. Seconded by Councilmember Lee Ayes – All The motion passed. 8. Conditional Use Permit Review, Superior Landscape and Irrigation, 2714 and 2730 Highwood Avenue Councilmember Juenemann moved to approve the CUP review for Superior Landscape and Irrigation, located at 2714 and 2730 Highwood Avenue, and review again in one year. Seconded by Councilmember Lee Ayes – All The motion passed. 9. Local Lawful Gambling Permit for the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street, November 11, 2023 Councilmember Juenemann moved to approve the Local Lawful Gambling permit for the Church of the Presentation of the Blessed Virgin Mary for November 11, 2023. Seconded by Councilmember Lee Ayes – All The motion passed. 10. Local Lawful Gambling Permit for the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street, November 18, 2023 Councilmember Juenemann moved to approve the Local Lawful Gambling permit for the Church of the Presentation of the Blessed Virgin Mary for November 18, 2023. Seconded by Councilmember Lee Ayes – All The motion passed. 11. Payment for Tyler Enterprise ERP Yearly Subscription Councilmember Juenemann moved to approve the payment for Tyler Enterprise ERP yearly subscription. Seconded by Councilmember Lee Ayes – All The motion passed. August 28, 2023 City Council Meeting Minutes 6 12. Resolution for Reduction of Retainage on Existing Construction Contract, McMenemy Street Improvements, City Project 21-02 Councilmember Juenemann moved to approve the resolution for reduction of retainage on existing construction contract for the McMenemy Street Improvements, City Project 21-02. Resolution 23-08-2239 REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT MCMENEMY STREET IMPROVEMENTS, CITY PROJECT 21-02 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 21-02, McMenemy Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, T.A. Schifsky and Sons, Inc., has completed the project construction contract work, with only minor items 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 3.0% Seconded by Councilmember Lee Ayes – All The motion passed. 13. Resolution Directing Final Payment and Acceptance of Project, Parkway Drive Improvements, City Project 21-09 Councilmember Juenemann moved to approve the resolution Directing Final Payment and Acceptance of Project for the Parkway Drive Improvements, City Project 21-09. Resolution 23-08-2240 DIRECTING FINAL PAYMENT AND ACCEPTANCE OF PROJECT PARKWAY DRIVE IMPROVEMENTS, CITY PROJECT 21-09 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Parkway Drive Improvements, City Project 21-09, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Parkway Drive Improvements, City Project 21-09, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 21-09 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $473,360.28. Final payment to Bituminous Roadways, Inc. and the release of any retainage or escrow is hereby authorized. August 28, 2023 City Council Meeting Minutes 7 Seconded by Councilmember Lee Ayes – All The motion passed. 14. Purchase of SCBA Fill Station Councilmember Juenemann moved to approve the purchase of a SCBA fill station. Seconded by Councilmember Lee Ayes – All The motion passed. 15. Resolution to Accept Prairie Farm Bench Donation from Char Brooker and Gene Mammenga Councilmember Juenemann moved to approve the resolution accepting a donation in the amount of $1,046.30 from Char Brooker and Gene Mammenga for a new bench with bronze plaque at Prairie Farm Preserve. Resolution 23-08-2241 RESOLUTION TO ACCEPT PRAIRIE FARM BENCH DONATION FROM CHAR BROOKER AND GENE MAMMENGA WHEREAS the City of Maplewood and the Parks and Natural Resources Department has received a donation of $1,046.30 for a park bench with plaque from Char Brooker and Gene Mammenga; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Natural Resources Department to accept this donation. Seconded by Councilmember Lee 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 I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Resolution for a Lawful Gambling Premises Permit for Foxhole Bingo Lounge, 1734 Adolphus Street N, Suite 1 City Clerk Sindt gave the staff report. Michael Oscarson, with Hill-Murray Father’s Club, addressed council and provided additional information. August 28, 2023 City Council Meeting Minutes 8 Councilmember Juenemann moved to approve the resolution for a lawful gambling premises permit for Hill-Murray Father’s Club to conduct bingo at Foxhole Bingo Lounge, 1734 Adolphus Street N, Suite 1. Resolution 23-08-2242 LAWFUL GAMBLING PREMISES PERMIT FOR HILL-MURRAY FATHER’S CLUB AT FOXHOLE BINGO LOUNGE WHEREAS, Hill-Murray Father’s Club has submitted an application to the City of Maplewood requesting City approval of a Lawful Gambling Premises permit application, to be used at Foxhole Bingo Lounge, 1734 Adolphus Street N, Suite 1, 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 Hill-Murray Father’s Club to conduct gambling activities (bingo) at Foxhole Bingo Lounge., 1734 Adolphus Street N, Suite 1, 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 Cave Ayes – All The motion passed. 2. Former Venburg Tire Building Addition, 3001 Highway 61 a. Conditional Use Permit Amendment and Setback Variance Resolution b. Design Review Resolution Community Development Director Parr gave the staff report. Mayor Abrams moved to approve the resolution for a conditional use permit amendment and setback variance, including enhanced screening and potentially a berm while working with staff on the additional screening, approving a building addition at 3001 Highway 61. Resolution 23-08-2243 CONDITIONAL USE PERMIT AMENDMENT AND SETBACK VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. August 28, 2023 City Council Meeting Minutes 9 1.01 Gries Architectural Group, on behalf of Maplewood Toyota, has requested approval of a conditional use permit amendment and a setback variance to construct a building addition. 1.02 The applicant has also requested approval of a setback variance of 196 feet. 1.03 The property is located at 3001 Highway 61 and is legally described as: PIN: 04-29-22-14-0113 – That part of the north 409.50 feet of the east 500.00 feet of the South· Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115 .53 feet south of the northwest corner of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. Section 2. Standards. 2.01 City Ordinance Section 44-637 requires a Conditional Use Permit for motor vehicle maintenance garages and buildings closer than 350 feet to an adjacent residential district. 2.02 City Ordinance Section 44-512(8) requires auto maintenance garages have a 350- foot setback from any property the city is planning for residential use. 2.03 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. August 28, 2023 City Council Meeting Minutes 10 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 2.04 Variance Standard. City Ordinance Section 44-13 refers to state statute which states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) The proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. 3.02 The proposal meets the specific variance standards. Section 4. City Review Process 4.01 The City conducted the following review when considering these conditional use permit amendment and setback variance requests. 1. On August 15, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2. On August 28, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. All construction shall follow the site plan that the city stamped August 1, 2023. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started, or the proposed use utilized within one year of council approval, or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. August 28, 2023 City Council Meeting Minutes 11 4. The applicants shall submit a landscape plan, prior to the issuance of a building permit, providing four additional six foot tall coniferous trees as screening for the abutting property to the west as required by the code. The applicant shall work with staff to revise the landscape plan to add enhanced vegetation screening and potentially a berm. 5. A copy of any executed amendments to the maintenance agreement between the 2999 and 3001 Highway 61 properties shall be submitted to the city. 6. Outdoor storage is not allowed by this permit. All auto parts and non-operable vehicles shall be kept inside the building or within a screening enclosure. Operable vehicles are permitted to be kept in the parking lot within marked parking spaces. 7. The potential for excessive noise from this business is a concern of neighbors. The operator shall take care to keep doors closed to prevent nuisance noise from affecting residential neighbors. The city council shall review this during its periodic reviews of this permit. The city shall notify the operator of complaints for corrections should there be noise problems. 8. The property owner shall keep all trash receptacles on site inside the required enclosure. Seconded by Councilmember Cave Ayes – All The motion passed. Councilmember Lee moved to approve the resolution for design review approving a building addition at 3001 Highway 61. Resolution 23-08-2244 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Gries Architectural Group, on behalf of Maplewood Toyota has requested approval design review to construct a building addition. 1.02 The property is located at 3001 Highway 61 and is legally described as: PIN: 04-29-22-14-0113 – That part of the north 409.50 feet of the east 500.00 feet of the South· Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115 .53 feet south of the northwest corner of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. August 28, 2023 City Council Meeting Minutes 12 Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above-described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date-stamped August 1, 2023. Approval is subject to the applicant doing the following: 3.02 1. Obtain a conditional use permit amendment from the city council for this project. 2. Repeat this review in two years if the city has not issued a building permit for this project. 3. All fire marshal, city engineer and building official requirements must be met. 4. The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 5. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. Submit a revised site plan showing the location and design of the required trash enclosure. b. Submit a landscape plan showing the addition of four coniferous trees near the west property line. c. Submit revised building elevations that show either the building's existing and proposed elevations being stained a single, matching color or the August 28, 2023 City Council Meeting Minutes 13 building addition being setback 12 inches south from the existing north building line. d. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 6. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. 7. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 8. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Cave Ayes – All The motion passed. 3. Resolution Ordering the Abatement of Conditions Creating a Hazardous Property and Public Nuisance at 1145 Glendon Street North City Attorney Batty outlined the process involved with the item. Community Development Director Parr gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Resolution Ordering the Abatement of Conditions Creating a Hazardous Property and Public Nuisance at 1145 Glendon Street North. Resolution 23-08-2245 A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A PUBLIC NUISANCE AND HAZARDOUS PROPERTY EXISTING AT 1145 GLENDON STREET NORTH August 28, 2023 City Council Meeting Minutes 14 WHEREAS, the property located at 1145 Glendon St. North, legally described on Exhibit A attached hereto (the “Subject Property”), contains a single-family dwelling and is located in the city of Maplewood (the “City”); and WHEREAS, the Subject Property is owned by William Acree (the “Owner”) and, to the best of staff’s knowledge, is currently unoccupied; and WHEREAS, staff members of the City have conducted multiple physical inspections of the exterior of the Subject Property, most recently on June 29, 2023, pursuant to a duly obtained administrative search warrant; and WHEREAS, during said inspections, the following conditions were observed in the exterior of the Subject Property: a boat on a trailer with a moldy cover, inoperable collectable vehicles parked in driveway, broken electronics, plastic bins and buckets, buckets with stagnant water, an unlawful accumulation of pots, unlocked cabinet of pool cleaning chemicals, containers of lawn chemicals, an unlawful accumulation of lawn ornaments, an unlawful accumulation of outdoor tables and outdoor chairs, shade umbrellas, hoses, extension cords, fire pits, grills with mold and debris accumulation, vermin nests, unsecured saws and other serrated tools, overgrowth of weeds, rusted bicycles, piles of gardening tools, indoor furniture, gazebos, two empty hot tubs, an open shed full of broken items and debris, and other rubbish and debris; and WHEREAS, Minnesota Statutes, section 463.15, subdivision 3 defines a “hazardous property” as “any property…, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health;” and WHEREAS, section 18-31(5) of the Maplewood City Code (the “City Code”) deems it a public nuisance to accumulate rubbish, debris, and other offensive materials on property; and WHEREAS, section 18-31(14) of the City Code deems it a public nuisance to use property in any manner deemed by the city council to be a menace to the health of the inhabitants of the city; and WHEREAS, section 18-31(8) of the City Code deems it a public nuisance to allow noxious weeds on a property; and WHEREAS, section 18-30(4) of the City Code deems it a public nuisance to use property in any manner that depreciates the value of the property of the inhabitants of the City; and WHEREAS, section 18-33(3) of the City Code deems it a public nuisance to store or accumulate explosives, inflammable liquids and other dangerous substances or materials on property; and WHEREAS, section 18-33(9) of the City Code deems it a public nuisance to permit or maintain the outside storage of items such as but not limited to, barrels, vehicle parts, inoperable machinery, equipment parts, household appliances, building materials, scrap metal, junk or similar materials; and August 28, 2023 City Council Meeting Minutes 15 WHEREAS, section 18-33(13) of the City Code deems it a public nuisance to maintain dangerous, unguarded machinery, equipment or other property on private property in a manner that may attract minor children; and WHEREAS, section 44-17(j)(4)(e) requires that all vehicles parked or stored outside on residential property in the City have current registration and be operable; and WHEREAS, section 18-70 of the City Code deems it a nuisance to maintain any vehicle in the city that is otherwise in violation of the City Code; and WHEREAS, Minnesota Statute 168.10, Subd. 1(e) requires that collector vehicles stored outdoors be screened from public view; and WHEREAS, both Minnesota Statutes, section 609.74 and section 18-30 of the City Code also deem it a public nuisance to maintain or permit a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of the public; and WHEREAS, Minnesota Statutes, section 463.161 and section 18-37 of the City Code authorize the city council to order the owners of any hazardous property or nuisance property within the City to correct or remove said conditions; and WHEREAS, by letters dated and mailed on May 17, 2022, and May 31, 2022, the City notified the Owner of the hazardous conditions and other code violations addressed herein, as well as the steps needed to correct the conditions; and WHEREAS, the Owner was cited for maintaining many of the above-described conditions at the Subject Property multiple times subsequent to the letters sent in May of 2022; 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 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 and a nuisance in violation of both state law and City Code and, therefore, should be abated. 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. August 28, 2023 City Council Meeting Minutes 16 3. The city council also finds that the condition of the Subject Property constitutes a public nuisance, as defined by both state law and City Code, 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 hereto as Exhibit B. 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 law and City Code. 5. 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 law or City Code EXHIBIT A TO RESOLUTION Legal Description Lot 3, Block 3, Maple Greens 2nd Addition, Ramsey County, Minnesota Abstract Property EXHIBIT B Abatement Order STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT ___________________________________ Case Type: Other Civil In the Matter of the Hazardous and Nuisance Property Located at 1145 Glendon Street North., Maplewood, Minnesota ORDER FOR ABATEMENT OF HAZARDOUS PROPERTY AND PUBLIC NUISANCE ____________________________________ TO: All owners, occupants, and all lienholders of record. August 28, 2023 City Council Meeting Minutes 17 The city council of the city of Maplewood, Minnesota hereby orders that within 21 days of service of this Order you abate the hazardous and nuisance conditions which exist on the property located at 1145 Glendon Street North, in the city of Maplewood, Ramsey County, which property is legally described on Exhibit A attached hereto. The city of Maplewood, pursuant to Minnesota Statutes, sections 463.15 to 463.261, finds that the condition of the property located at the above-referenced address, specifically a boat on a trailer with a moldy cover, inoperable collectable vehicles parked in driveway, broken electronics, plastic bins and buckets, buckets with stagnant water, an unlawful accumulation of pots, unlocked cabinet of pool cleaning chemicals, containers of lawn chemicals, an unlawful accumulation of lawn ornaments, an unlawful accumulation of outdoor tables and outdoor chairs, shade umbrellas, hoses, extension cords, fire pits, grills with mold and debris accumulation, vermin nests, unsecured saws and other serrated tools, overgrowth of weeds, rusted bicycles, piles of gardening tools, indoor furniture, gazebos, two empty hot tubs, an open shed full of broken items and debris, and other rubbish and debris constitutes a hazardous property within the meaning of Minnesota Statutes, section 463.15, subdivision 3. The city of Maplewood, pursuant to chapter 18 of the Maplewood City Code, along with Minnesota Statutes, sections 145A.05, subdivision 9 and 609.74, finds that the property located at the above-referenced address also constitutes a public nuisance. Pursuant to the above-referenced statutes and ordinances, it is hereby ORDERED that you abate the hazardous property conditions within 20 days of the date of service of this Order by completing the following: 1. Remove unlawful accumulation of lawn ornaments and pots from the property; August 28, 2023 City Council Meeting Minutes 18 2. Remove or properly store all inoperable or collectors’ vehicles, including, but not limited to, those with flat tires; 3. Remove or properly store boat; 4. Remove all accumulation of appliances and other scraps from the property; 5. Remove all accumulation of lawn and yard chemicals, pool chemicals, and other potentially dangerous substances from the property and properly dispose of them; 6. Remove unlawful accumulation of lawn chairs, tables, umbrellas, and fire pits; 7. Remove any and all containers with standing water, excessive hoses, and extension cords; 8. Remove unused extension cords, broken hoses, unusable grills; 9. Remove or store saws and other serrated tools, piles of gardening tools and rusted bicycles; 10. Remove broken items and rubbish from shed and secure shed; 11. Remove all vermin nests and conditions that encourage the creation of vermin nests; 12. Trim and/or remove all noxious weed and overgrown vegetation; and 13. Remove all additional rubbish and debris. All work completed is subject to inspection 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. August 28, 2023 City Council Meeting Minutes 19 You are further advised that if you do not comply with this Order and the City is compelled to take any corrective action, all necessary costs incurred by the City in taking the corrective action will be collected and assessed against the property pursuant to Minnesota Statutes, section 463.21 and section 18-37 of the City Code. In connection thereto, the City intends to recover all of its expenses incurred in carrying out this Order, including specifically but not exclusively, filing fees, service fees, publication fees, attorneys’ fees, appraisers’ fees, witness fees, including expert witness fees and traveling expenses incurred by the City from the time this Order was originally made pursuant to Minnesota Statutes, section 463.22. Dated , 2023 KENNEDY & GRAVEN, CHARTERED By: ________________________ Cristina Cruz-Jennings (#0401725) David T. Anderson (#0393517) 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 ATTORNEYS FOR THE CITY OF MAPLEWOOD Seconded by Councilmember Lee Ayes – All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 7:55 p.m. Andrea Sindt, City Clerk August 28, 2023 City Council Meeting Minutes 20