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
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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:
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$ 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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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 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.
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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;
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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.
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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
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