HomeMy WebLinkAbout1988 06-01 Special MeetingAGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M., Wednesday, June 1, 1988
Municipal Administration Building
Meeting 88 -12
A) CALL TO ORDER
B) ROLL CALL
(C) APPROVAL OF AGENDA
(D) UNFINISHED BUSINESS
1. 831 No. Century Avenue (Dege Garden Center)
a. Renewal and Revision of the Conditional Use Permi
b. Garage Removal Deadline
c. Reconsider Comprehensive Plan Amendment for the Outdoor Sales Area
d. Suspend the Rules of Procedure to Vote on the Plan Amendment,
Rezoning and Parking
e. Amend the Comprehensive Plan From RL to SC for the Outdoor Sales
Area (4 Votes)
f. Rezone the Outdoor Sales Area from R -1 to BC (4 Votes)
g. Authorize Reduced
h. C.D.R.B. Appeal_
2. Code Amendment - Residential Uses & Home Occupations - 2nd Reading
(4 Votes)
3. Discussion - Emergency Preparedness
(E) OTHER BUSINESS
1.
2.
3.
(F) ADJOURNMENT
0 -- /
Action by CounoilRl
Endorse
Modified
Rejecte
Date.
MEMORANDUM
TO: City Manager
FROM- Director of Community Development
SUBJECT: Dege Garden Center
DATE: May 26, 1988
The attached resolutions would approve the outdoor sales area and
deny the garage. Mr. Dege is asking for a September 30 deadline
for removing the garage. Mr. Dege is also appealing the
community design review board's decision. Mr. Dege has a
different design and would like to have the requirement for a
fence deleted. The code adopted by council on May 23 requires
that at least 80% of the canopy must be screened from Mr.
Dreher's property.
mb
Attachment
PLAN AMENDMENT RESOLUTION
WHEREAS, the City Council initiated an amendment to the Maplewood
Comprehensive Plan from RL, residential low density to SC, service
commercial for the easterly 24 feet of Lots 31 and 32, Block 1, Cahanes
Acres
This property is more commonly described as the Liege Greenhouse
outdoor sales area.
WHEREAS, the procedural history of this plan amendment is as
follows:
1. The Maplewood Planning Commission held a public hearing on
April 4, 1988 to consider this plan amendment. Notice thereof was
published and mailed pursuant to law. All persons present at said
hearing were given an opportunity to be heard and present written
statements. The planning commission recommended to the city council
that said plan amendment be approved.
2. The Maplewood City Council considered said plan amendment on
May 23, and June 1, 1988. The council considered reports and
recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
the above - described plan amendment be approved on the basis that the
outdoor sales area on the Dege Garden Center property has operated
since at least 1979 without adverse affect to the adjacent properties.
Adopted this day of
, 1988.
h,
Seconded by Ayes --
REZONING RESOLUTION
Pursuant to due call and notice thereof, a regular meeting of the
City council of the City of Maplewood, Minnesota was duly called and
held in the cquncil chambers in said city on the 23rd day of May, 1988
at 7 p.m.
The following members were present:
The following members were absent:
WHEREAS, the City council initiated a rezoning from R-1 to BC for
the following—described property:
The easterly 24 feet of Lots 31 and 32, Block 1, Cahanes Acres
This property is also known as the outdoor sales asrea at 831 N.
CentUry, Avenue;
WHEREAS, the procedural history of this rezoning is as follows:
1, This rezoning was initiated by the city council pursuant to
Chapter 36, Article VII of the Maplewood Code of Ordinances"
2. This rezoning was reviewed by the Maplewood Planning
Commission on April 4, 1988. The planning commission recommended to
the City council that said rezoning be approved"
3. The Maplewood City Council held a public hearing on May 23,
1988 to consider this rezoning" Notice thereof was published and
mailed pursuant to law. All persons present at said hearing were given
an opportunity to be heard and present written statements. The council
also considered reports and recommendations of the city staff and
planning commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
the above—described rezoning be approved on the basis of the following
findings of fact:
1° The proposed change is consistent with the spirit, purpose
and intent of the zoning code.
2. The proposed change will not substantially injure or detract
from the use of neighboring property or from the character of the
neighborhood, and that the use of the property adjacent to the area
included in the proposed change or plan is adequately safeguarded.
,
3" The proposed change will serve the best interests and
conveniences of the community, where applicable and the public welfare,
^.
4^ The proposed change would have no negative effect upon the
logical, efficient, and economical extension of public services and
facilities, such as public water, sewers, police and fire protection
and schools.
5. Outdoor sales have been conducted on this land since at least
1979 without complaint. ^«
6" The outdoor sales area was approved with a conditional use
permit on December 6, 1986"
Adopted this day of v 1988^
Seconded by Ayes-~
STATE OF MINNESOTA )
�
COUNTY OF RAMSEY ) GS"
)
CITY OF MAPLEWOOD )
I, the undersigned, being the duly qualified and appointed clerk
of the City of Maplewood Minnesota, do hereby certify that I have
carefully compared the attached and foregoing extract of minutes of a
regular meeting of the City of Maplewood held on the day of
v 1988 with the original on file in my office, and
the same is a full, true and complete transcript therefrom insofar as
the same relates to a rezoning.
Witness my hand as such clerk and the corporate seal of the city
this day of v 1988~
City Clerk
City of Maplewood
^
,
CONDITIONAL USE PERMIT RESOLUTION
Pursuant to due call and notice thereof a regular meeting of the
City Council of the City of Maplewood, Minnesota was duly called and held
in the council chambers in said city on the 23rd day of May, 1988 at 7
plp.m.
The following members were present:
The following members were absent:
WHEREAS, George Dege initiated a conditional use permit revision
to include a residential garage and delete the indoor /outdoor sales
area from the 1971 permit for a parking lot in an R -1 zone. The
property is described as Lots 31 and 32, Block 1, Cahanes Acres.
This property is also known as 831 North Century Avenue, Maplewood;
WHEREAS, the procedural history of this conditional use permit is
as follows:
1. This permit was approved on June 3, 1971 and revised on
December 8 1986 to allow an expansion of the parking lot and an
indoor /outdoor sales area.
2. Mr. Dege requested a revision to the permit in 1988 to
include a garage and exclude the indoor /outdoor sales area.
3. This conditional use permit revision was reviewed by the
Maplewood Planning Commission on April 4, 1988. The planning
commission recommended to the city council that said permit be
approved, except for the garage.
4. The Maplewood City Council held a public hearing on May 23,
1988. Notice.thereof was published and mailed pursuant to law. A11
persons present at said hearing were given an opportunity to be heard
and present written statements. The council also considered reports
and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT
the 1971 conditional use permit revised in 1986 for an off - street
parking lot is renewed and revised to exclude the garage and the
indoor /outdoor sales area. Approval is based on the following
findings: ;
..
4. No portion of this site or parking lot shall be used for
truck or trailer storage.
5. Review, renewal or revocation of this permit shall be in
accord•ance.with city code.
6. Any trees on the site that die must be replaced.
7. No exterior lighting or speakers shall be allowed. r'
S. The canopy shall not be enclosed for year around use.
9. Sales under the canopy or outdoors shall be limited to garden
products from March through October. No other type of sales or storage
shall be allowed.
10. Council may require removal of the canopy for additional
parking or to reduce parking demand if the use changes.
Adopted this day of , 1988.
Seconded by Ayes --
S'P'ATE OF MINNESOTA )
COUNTY OF RAMSEY ) SS.
)
CITY OF MAPLEWOOD )
I, the undersigned, being the duly qualified and appointed clerk
of the City of Maplewood, Minnesota, do hereby certify that I have
carefully compared the attached and foregoing extract of minutes of a
regular meeting of the City of Maplewood, held on the day of
, 1988, with the original on file in my office, and the
same is a full, true and complete transcript insofar as the same
relates to a conditional use permit.
Witness my hand as such clerk and the corporate seal of the city
this day of , 1988.
City Clerk
City of Maplewood
5
1. The use is in conformity with the city's comprehensive plan
and with the purpose and standards of the zoning code.
2. - The establishment or maintenance of the use would not be
detrimental to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated
to be compatible with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises, glare,
smoke, dust, odor, fumes, water pollution, water run -off, vibration,
general unsightliness, electrical interference or other nuisances.
b. The use would generate only minimal vehicular traffic on
local streets and shall not create traffic congestion, unsafe access or
parking needs that will cause undue burden to the area properties.
7. The use would be serviced by essential public services, such
as streets, police, fire protection, utilities, schools and parks.
B. The use would not create excessive additional requirements at
public cost for public facilities and services; and would not be
detrimental to the welfare of the city.
9. The use would preserve and incorporate the site's natural and
scenic features into the development design.
10. The use would cause minimal adverse environmental effects.
11. The city attorney has ruled that outdoor sales cannot be
approved with a conditional use permit in an R -1 district.
12. The zeor setback to the R -1 zone to the west is justified
since the R -1 zone is developed as a commercial parking lot.
13. The existing setback to the south lot line is justified since
a sir.- foot -high screening fence would be constructed, the canopy is an
extension of the existing building line and removing part of the canopy
to meet the setback would be less attractive and expose storage and
sales items to.view.
Approval is subject to the following conditions:
1. The site plan submitted by Mr. Liege on October 27, 1986
shall be revised based on a survey of the south lot line and the west
line of the canopy. The revised plan and the remodeling plan submitted
on December 5, 1987, with any revisions required by the Design Review
Board, shall be considered part of this permit.Any change must be
approved by the Community Desigh Review Board.
2. The parking lot may only be used for parking for the garden
center building.
3. No commercial use for sale, storage, display or advertising
signs of garden materials, plants, or any other kinds of goods shall be
allowed anywhere on the legally described property to which this
conditional use permit is issued or the parking lot.
4. No portion of this site or parking lot shall be used for
truck or trailer storage.
5. Review, renewal or revocation of this permit shall be in
accordance with city code.
b. Any trees on the site that die must be replaced.
7. No exterior lighting or speakers shall be allowed.
B. The canopy shall not be enclosed for year around use.
9. Sales under the canopy or outdoors shall be limited to garden
products from March through October. No other type of sales or storage
shall be allowed.
10. Council may require removal of the canopy for additional
parking or to reduce parking demand if the use changes.
Adopted this day of , 1988.
Seconded by Ayes—
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) SS.
CITY OF MAPLEWOOD >
I, the undersigned, being the duly qualified and appointed clerk
of the City of Maplewood, Minnesota, do hereby certify that I have
carefully compared the attached and foregoing extract of minutes of a
regular meeting of the City of Maplewood, held on the day of
, 1988, with the original on file in my office, and the
same is a full, true and complete transcript insofar as the same
relates to a conditional use permit.
Witness my hand as such clerk and the corporate seal of the city
this day of , 1988.
City Clerk
City of Maplewood
.,
MEMORANDUM
TO: City Manager
FROM: Director of Community Development
SUBJECT: Plan Amendment, Rezoning, Conditional Use Permit
Revisions and Parking Space Authorization
LOCATION: Century Avenue and Seventh Street
DATE: April 21 1988
The city council on February 22, initiated:
1° A plan amendment from RL, residential low density to SC, service
commercial for the existing commercial uses on Century Avenue, south of
Seventh Street,
2" A rezoning from R-1, single dwelling to BC, business commercial for
the outdoor sales area at the Dege Garden Center.
3" Renewal and revision of the conditional use permit for the parking
lot to include the garage and delete the outdoor sales area,
George Dege is requesting the following for the Dege Garden Center at 831
N. Century Avenue:
1, A variance of 22 1/4 feet to keep an overhead canopy 27 3/4 feet
from the south property line. City code requires at least a 50-foot
setback"
2" Authorization for 31 parking spaces. Code requires 53 spaces"
5-26~`79, 3-3-80 and 3-23-B1, Building permits were issued for a
temporary greenhouse until July 29^ H permanent canopy was constructed
later without a permit"
10-15~^06: Mr. Dege obtained a building permit for the garage in the
parking lot to park his recreational vehicle. The city stopped
construction after complaints from several neighbors that the garage
violated the conditional use permit for the site.
11^~17^~86: The planning commission recommended approval of the garage and
outdoor sales area. One condition was that the garage be removed when
Mr" Dege sells the land.
12-8^~86: Council denied a revision to the conditional use permit to
allow the garage, but approved the outdoor sales area. The city attorney
later ruled that the outdoor sales area cannot be approved with a
conditional use permit.
5~`14~87: District Court issued an order allowing Mr. Dege to complete
construction of the garage"
'
12^~18-87: The Court of Appeals overruled the District Court, supporting
the city's 12~B~^86 denial of the garage"
The procedures and approvals requested are numerous and complicated, but
they boil down to two parts ^~ the garage and the outdoor sales area. The
garage has created the most controversy"
rhe garage:
The decision on whether to allow the garage to stay should be based on
the findings by code ~^ the findings for expanding a non-
conforming use and for approving a conditional use permit" In
considering approval, Mr" Dege should not be given any sympathy because
he may lose the money he is investing in the garage. He took that risk
when he built the garage in violation of the conditional use permit" Nor
should Mr. Dege receive any sympathy because a building permit was
issued" The Court of Appeals has made it clear that Mr. Dege is
responsible for complying with and knowing the terms of the conditional
use permit, regardless of whether an error was made in issuing the
permit. In considering denial, the garage should not be denied simply to
punish Mr" Dege because he built illegally" This is a separate
enforcement issue" If denied the garage, Mr" Dege's punishment will be
to take down the garage and suffer the financial loss"
Council is considering approval of the garage as an enlargement of a non-
conforming use ~ an off-street parking lot in an R-1, single-family zone.
Section 36-17(e) of city code allows the enlargement, reconstruction or
structural alteration of a non-conforming use if the city finds, through
a conditional use permit, that there would not be a significant effect on
the development of the parcel as zoned" The garage meets the size for
residential use" The same garage could be built on any of the neighbors'
lots" If the parking lot was ever replaced by a home, the garage could
remain" Therefore, the garage would not effect the future use of the
property for residential use and should not be considered "creeping
commercialization". The garage is also almost entirely screened from
view from the streets and neighbors' view" An appraiser, who has worked
for the city, is-of the opinion that this garage does not cause any
significant damage to the values of the neighborhood properties, (See
attached letter on page 20°) In short, it meets the findings for the
expansion of a non-conforming use and for a conditional use permit"
The attorney for some of the neighbors is of the opinion that a garage
cannot be considered as an enlargement of the non-conforming use ~ the
parking lot. Section 36'~6 of city code defines a parking space as an
open space or 8arjgR on a lot, used for parking motor vehicles, to which
there is access from a street or alley. It seems-logical, therefore,
that Mr" Dege/s garage can be considered an expansion of the previously
approved parking lot.
2
The outdoor sales area:
There seems to be a consensus that the outdoor plant sales are not
objectionable, particularly if the canopy and facade are remodeled. In
fact, these sales have occurred for at least nine years without
complaint. There also seems to be agreement that any rezoning should be
limited to the west line of the canopy. This creates a procedural
problem. City code requires a fifty -foot setback to a residential
district. This would require variances from the residential zone to the
west and south. It does not appear that these variances meet the
findings required by state law. The zoning line can be moved fifty feet
west of the canopy to meet code. Likewise, the canopy can be cut: back to
a minimum variance from the south lot line to just cover the entrance
ramp with a two -foot overhang. It would be esthetically more desirable
to have this area covered. Mr. Dege would, however, not lose any covered
area, since he is proposing to expand the canopy area to the north. The
best way to keep the current canopy setback to the south and allow a
rezoning at the west line of the canopy would be to amend the code to
allow building additions within the 50 -foot setback by conditional use
permit and amend the current conditional use permit to include tht_�
reduced setbacks.
ggc;mtagndai. i.or'f
I. Approve the resolution on page 20 amending the comprehensive plan
from RL, residential low density to SC, service commercial for the EtCV
business commercial zone at the corner of Cent Avenu and Seventh
Stree a r• a a '
.:� I c.L and the area proposed se OY` rezoning an the loge Barde Center
property. Approval is based on the findings that:
A. This corner has been zoned and used for commercial Use since
the 1960s.
It. There was an oversight in designating this site for low density
residential use when the plan was adopted in 1973.
C. The outdoor sales area on the Dege Garden Center property has
operated since at least 1979 without adverse affect to the adjacent:.
properties.
THE FOLLOWING RECOMMENDATIONS ASSUME THE RESIDENTIAL. SETBACK ORDINANCE IS
APPROVED:
II. Approve the resolution on page 21 which moves the R -1 /HC zoning line
to they west line of the canopy.
In addition to the four findings required by code, approval is based on
the findings that:
A. Outdoor sales have been conducted on thi land since at l east
1979 without complaint..
D The outdoor sales area was approved with a conditional use
permit on December 6, 1956.
3
III^ Renew the conditional use permit for one year and approve the
resolution on page 22 which makes the following revisions to the permit:
A. The language approving the outdoor sales area is deleted.
B. The language denying the garage is revised to approve the
garage.
C. The setback to the R-1 zone on the west is reduced to zero and
the setback to the R~^1 zone on the south is approved at 27 3/4 feet"
The basis for these changes are as follows:
A. The city attorney has ruled that outdoor sales cannot be
approved with a conditional use permit in an R~1 district"
B. The parking lot is a non-conforming use. Section 36~17 (e) of
city code allows the expansion of a non-conforming use by condi-
tional use permit" The garage is an expansion of the parking lot,
C" There would not be a significant effect on the development of
the parcel as zoned.
D. The garage is almost entirely screened from view"
E. The garage meets the requirements for residential use.
F. The zero setback to the R-1 zone to the west is justified since
the R-1 zone is developed as a commercial parking lot.
G^ The 27 3/4-foot setback to the south lot line is justified
since a six-foot-high screening fence would be constructed, the
canopy is an extension of the existing building line and removing
part of the canopy to meet the setback would be less attractive and
expose storage and sales items to view"
Approval is subject to the following conditions (deletions are crossed
out and additions are underlined) :
1, The site plan submitted by Mr. Dege on October 27, 1986, ex+e���^4�.+I-
inclMdin% the garage, shall be
considered part of this
permit. Any change must be approved by the community design review
board.
2. The parking lot may only be used for parking for the garden center
building. Rlu
3. No commercial use for sale, storage display advertising signs of
garden materials, plants, or any other kinds of goods shall be allowed
4
anywhere on the legally described property to which this conditional use
permit is issued
4')-e-a4-4+Gve4.. M,th
4" No portion of this site or shall be used for truck or
trailer storaRe
5" Review, renewal or revocation of this permit shall be in accordance
with city code"
6" Any trees on the site that die must be replaced. '
7^ No exterior lighting or speakers shall be allowed"
1()
11. R)g_q q c color must remain
IV" Authorize 31 parking spaces, rather than the 53 spaces required by
code, on the basis that:
A. The business is seasonal.
B. The outdoor sales have been conducted since at least 1979
without a parking problem.
C. The garage and canopy could be removed for additional parking
if the use changes.
V. Take no action on the setback variance to the south lot line, if the
code amendment is approved.
IF THE SETBACK ORDINANCE IS NOT APPROVED:
I. The rezoning should be extended 48 feet to the west of the canopy
(allows a two-foot overhang)"
^
T.I. Deny a variance of 22 1/2 feet to keep the overhead canopy 27 3/4
feet from the residential zone to the south, on the basis that strict
�
enforcement would not cause undue hardship because of circumstances
unique to the property:
A. The property could be put to a reasonable use with a variance
of only 3-1/2 feet.
B" Mr. Dege is proposing to extend the canopy 28 feet to the
north, which would compensate him for the loss of canopy area to the,,
south"
V. Approve the resolution on page 27 approving a variance of 3 1/2 feet
to keep the overhead canopy 46 1/2 feet from the residential zone to the
south. Approval is based on the following findings:
A. Strict enforcement would cause an undue hardship because of
circumstances unique to the individual property under consideration.
1" Without the variance, part of the entrance ramp would be
exposed and could become slippery and a safety hazard when wet.
2. The code requiring a fifty-foot setback was passed after
the entrance ramp was constructed. The plight of the landowner
is due to circumstances unique to the property and not created
by the property owner.
3. The variance would not alter the essential character of
the locality, since the variance is minimal and, with
screening, the 3 1/2 feet of canopy within the setback would
not be visible to adjacent properties.
D. The variance would be in keeping with the spirit and intent of
the ordinance.
^
REFERENCE
43,293 square feet
Single dwellings to the north, south and west of the parking lot, Dege
Garden Center fronts on Century Avenue along with other commercial
businesses"
Legal Citat
City Code
1° Section 36-17 (e) states:
"No existing building or premises devoted to a use not permitted in
the district in which such building or premises is located shall be
enlarged, reconstructed or structurally altered, unless:
(1) Required by law or government order; or
(2) There would not be a significant affect, as determined by
the city through a special use permit, on the development of
the parcel as zoned""
2° Section 36-22 (a) (6) requires that there be one parking space
provided for each 200 square feet, or portion thereof of floor area for
commercial buildings" Section 36~22 (a) provides that council may
authorize fewer parking spaces"
3. Section 36-153 (3) requires that buildings in a BC district shall
have minimum side and rear yard setbacks of 50 feet from property zoned
residential.
State Law
Section 367"10 Subdivision 6 (2) of state law requires that the following
findings be made before a variance can be granted:
a. Strict-enforcement would cause undue hardship because of
circumstances unique to the property under consideration.
b. The variance would be in keeping with the spirit and intent of
the ordinance,
'/Undue hardship" as used in connection with the granting of a variance
means the property in question cannot be put to a reasonable use if used
under conditions allowed by the official controls. The plight of the
landowner is due to circumstances unique to his pnoperty, not created by
the landowner, and the variance, if granted, will not alter the essential
character of the locality. Economic considerations alone shall not
7
constitute an undue hardship if reasonable use for the property exists
under the terms of the ordinance"
�
8-18~55: Permit issued for construction of a 40 X 60' block building on
Lot 2 (the Knights of CoiumbVs building).
8~^1~61: Permit issued for a 24/ X 60' addition to the Knights of
Columbus building.
3~^12-69: The Knights of Columbus stated that they had purchased Lots 31
and 32 and requested a rezoning to LBC, limited business commercial for
overflow parking"
5-15-69: The city council denied a request for a special use permit to
use Lots 31 and 32 for parking. The planning commission had recommended
approval of temporary parking, subject to an annual renewal of the
permit.
12~4-69: Council approved a 50' X 80/ addition to the Al De9e Seed
Company, subject to the following conditions:
1" The following to be subject to staff approval:
a° Treatment of building facade.
b° Layout and plans for off-street parking.
C. Signing plans"
2" Outside storage and/or displays to be subject to staff control
and approval.
3. No commercial use shall be made of property west of the west
tract line as indicated on the site plan,
4" Building plans approval shall be void if no permit is properly
applied for prior to July 1, 1970.
1~^2~70: Business license was issued to Al Dege for garden tools.
1~^6-70: Building permit issued for a 5() X 84/ warehouse addition.
6-3-71: Council approved a special use permit for a 28-space parking lot
on Lots 31 and 32, subject to the following conditions:
'/(1) The submitted parking plan architectural site plan prepared by
Bather Ringrose Wolsfeld, Inc., dated May 3, 1971 shall be the
approved and governing plan layout and control on all site planning,
development, and land use"
^
/'(2) The Special Use Permit for 28 a++-street parking spaces shall
be restricted for parking use only relating the existing business
/^
establishment known as the "Dege Garden Center" as it is presently
constituted in terms of total retail floor space and retail ground
area;
»(3) The entire parking surface area and drives within the area
connecting to the streets shall be hard-surfaced with bituminous
asphaltic mix and appropriately marked prior to use for off-street
parking purposes; .,
o(4) The landscaping treatment as specified on the plan shall be
installed prior to allowance for use for off-street parking.
'/(5) No commercial use for sale, storage, display or advertising
signs of garden materials, plants, or any other kinds or goods shall
be allowed anywhere on the legally described property to which this
Special Use Permit is issued.
o(6) No portion of the approved parking lot area shall be used for
truck or trailer storage.
»(7) The drainage of the parking area shall be subject to approval
by the Village Engineer and shall be resolved and rectified prior to
occupancy to the Parking Permit area being granted by the Village
Building Official;
"(8) This Special Use Permit shall be subject to review at the
discretion of the Village Council at anytime the council has reason
to review the permit due to negligence of maintenance, change in
planning or development conditions in the area, non-compliance to
imposed conditions of the permits, or justified and proven citizen
complaints" Further, the council upon demonstrable findings, may by
majority vote act to revoke such permit. To modify any of the
conditions of this permit or change the physical arrangement of the
plan shall require a public hearing and compliance to all procedures
of the Special Use Permit hearing procedures specified in the
Municipal Zoning Code"
»(9) The Special Use Permit to use the site for off-street parking
shall be assigned to the Dege Garden Center, Any change in the
occupancy or use of the current Dege Garden Center shall not give
future occupants any rights to the use of the parking allowed in
this permit. Further, should the Dege Garden Center vacate its
business premises, go out of business, or abandon its current
business site, then the Special Use Permit for off-street parking
for Lots 31 and 32, Blk" 1, Cahanes Acres, shall become immediately
null and void and such parking land use rights in this permit shall
not be transferable or negotiable by the permittee (Mr" Albert Dege)
to any future occupants or purchasers of Dege Garden Center property
located at 831 Century Avenue North.
"(10) This Special Use Permit must be exercised by obtaining a
driveway construction permit within 15 days +rom the date of final
Village Council approval on the Special Use Permit becomes void.
�
'/(11) The Permittee (Mr" Albert Dege) shall sign a waiver agreement
with the Village which specifies that he, as the Permit Holder,
waives any legal claims for damages or business loss against the
Village should the Village withdraw the Special Use Permit. Also,
the agreement shall provide that Mr. Albert Dege shall not be able
to use the Special Use Permit parking area as an item of claim
against any other level of government which should act to physically
improve and/or widen Century Avenue where a condemnation of land
might be necessary for additional widening""
1-6-72: Council approved construction of an artificial facade on the
south and east side of the building.
5~^5~72: 8 building permit was issued for 30/ X 45/ wood frame addition
for a new entrance on the west end. (There was an error on the permit"
The permit was for an addition on the east end" The city planner noted
on the site plan that there was adequate parking on the west side of the
building to accommodate the addition.)
6^^22~721 The city council heard six complaints about the Dege parking
lot, including commercial sales and storage. Mr" Dege agreed to comply
with the permit and no action was taken"
8~~1~74: The city council approved a greenhouse addition on the north
side of the building.
7-10-75: Council held a hearing to discuss neighborhood complaints with
the use of the Dege Greenhouse, including a plastic covered greenhouse
for the sale of plants and a dumpster" Council moved to inform Dege
Garden Center that they must comply with their permit"
3~`26~79, 3-3^80 and 3-23-81: Building permits were approved for a
temporary greenhouse until July 29. A permanent canopy was constructed
later without a permit.
10-15~86: A building permit was issued for a 12/ X 58' garage.
10~^22~^86: A stop-work order was issued"
10-27-86: Council authorized lifting the red tag to complete the roof.
12-8-86: Council renewed and revised the 1971 conditional use permit to
allow an expansion of the parking lot from 28 to 33 sp ices and an
indoor/outdoor sales area under the approved canopy and fenced area,
subject to the following conditions:
1^ The site plan submitted by Mr" Dege on October 27, 1986, except
for the garage, shall be considered as part of this permit" Any
change must be approved by the Community Design Review Board"
2" The parking lot may only be used for parking for the garden
center building" ^
3. No commercial use for sale, storage, display or advertising
10
signs of garden materials, plants, or any other kinds of goods shall
be allowed anywhere on the legally described property to which this
conditional use permit is issued, except under the approved canopy"
The canopy shall not be enclosed. Sales shall be limited to nursery
plants and covering straw from April through September. No other
type of sales or storage shall be allowed.
4" No portion of this site shall be used for truck or trailer
storage"
5. Review, renewal or revocation of this permit shall be in
accordance with city code.
6^ Any trees on the site that die must be replaced.
7" No exterior lighting or speakers shall be allowed"
The garage was denied.
12-22-86: Council took no action on a request by Mr. Dege to be
reimbursed by the city for $5,150 of his costs to construct the garage.
5-14-87: District Court restrained the city from taking action against
Mr" Dege over his garage"
6-22-87: Council initiated an amendment to the conditional use permit to
allow plant sales to continue in the fenced area outside the canopy"
k
Attachmemtp
1° Existing Land Use Map
2. Proposed Land Use Map
3" Existing Zoning Map
4. Proposed Zoning Map
5" Site Plan
6" Site History
7" Dege Letter
B. Dege Letter
9" Plan Amendment Resolution
10" Rezoning Resolution
11^ CUP Resolution
12" Variance Resolution
13. Appraiser's Letter
:
11
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NEIGHBORHOOD LAUD USE PLAIT
EXISTING
12
Attachment 1
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NEIGND011I100D LAND USE PLAN
PROPOSED
13
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Attachment 2
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PROPERTY LINE / ZONING MAP
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14 Attachment 3
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16
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Attachment 6
OAROEN CENTER
B31 CENTURY AVE. NO.
612- 739 -8314
SAINT PAUL, MINNESOTA 55119
March 17, 1988
Too Maplewood Officials,
This letter is written to inform you of our unique situation regarding
parking space requirements.
Our parking lot of 31 spaces is more than adequate for our type of business.
Up until 1986 we had 27 spaces and for 18 years that was plenty. In the last
4 years we are now only open for a 9 month period, (Feb. thru Oct.). Our busy
season (higher traffic) is April 20th. thru June.
Our retail space (sq. ft.) is 6,236. Add the glass greenhouse (which has
customers primarly from April thru June) and the total is then 7,356. Our
warehouse space is 3,698 sq. ft. which we have no extra people working in that area.
The canopy where plants are sold is 2,460 sq. ft.
I understand that we would now fall into the newer parking requirements by making
the canopy area legal, but if we just sold plants there with no canopy that area
would not be considered in your parking requirements.
wa+v�
I ask that you wears the newer parking regulations for our business,
considering our long past record of containing our customers cars in a
resonable manner with the spaces we now have.
Yours in serving the comm ty,
Geor a S. Dege
LAWN and GARDEN CENTER
— GROWER'S SUPPLIES
In
Attachment 7
GARDEN CENTER
531 CENTURY AVE. NO.
612- 739 -5314
SAINT PAUL, MINNESOTA 55119
March 17, 1988
Statement for variance at 831 N. Century Ave., Dege Garden Center.
By taking down the existing canopy (26 ft.) to meet the 50 ft. set back rule
From our south side lot neighbor.
We would no longer have a ?ft. wide covered entrance to the store which is a ramp
12 ft. long. This would greatly add to a slippery condition that has now and for
5 years been eliminated by this canopy. Regarding the other (19 ft.) of canopy
that would be removed south of the entrance ramp. Eliminating this section
would not protect our plants or customers from inclement weather conditions,
plus the biggest negative would be the exposing (26 ft.) of wall that has been
discreatley covered by a sloaping beige roof. The remodeling plans for the canopy
which we have submitted shows a lower profile exposure to our building with the
ends finished off. Lopping off26 ft. of the existing canopy would greatly effect
the west end design. The view from the south would also be affected by not
having an end on the canopy.
The community is wanting a clean neat approach to commercial business that
have a wall facing R1 zones.
We tp-K that following the plans we have submitted would acomplish these goals.
Thank You
George De e
LAWN and GARDEN CENTER — GROWER'S SUPPLIES
J
19 Attachment 8
PLAN AMENDMENT RESOLUTION
WHEREAS, the City Council initiated an amendment to the Maplewood
Comprehensive Plan from RL, residential low density to SC, service
commercial for the following- described property:
Lot 1 -4 Block 1, Cahanes Acres and the east 66 -1/2
feet of Lots 31 and 32, Block 1, Cahanes Acres
This property is more commonly described as the southwest corner
of Century Avenue and Seventh Street.
WHEREAS, the procedural history of this plan amendment is as
follows:
1. The Maplewood Planning Commission held a public hearing on
April 4 1988 to consider this plan amendment. Notice thereof was
published and mailed pursuant to law. All persons present at said
hearing were given an opportunity to be heard and present written
statements. The planning commission recommended to the city council
that said plan amendment be
2. The Maplewood City Council considered said plan amendment on
, 1988. The council considered reports and
recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
the above - described plan amendment be approved on the basis of the
following findings of fact:
1. This corner has been zoned and used for commercial use
since the 1960s.
2. There was an oversight in designating this site for low
density residential use when the plan was adopted in 1973.
3. The outdoor sales area on the Dege Garden Center
property has operated since at least 1979 without adverse
affect to the adjacent properties.
Adopted this day of , 1988.
Seconded by
Ayes --
20
Attachment 9
REZONING RESOLUTION
Pursuant to due call and notice thereof, a
city council of the City of Maplewood, Minnesota
held in the council chambers in said city on the
, 1988 at 7 p.m.
The following members were present:
The following members were absent:
regular meeting of the
was duly called and
day of
WHEREAS, the city council initiated a rezoning from R-1 to BC for
the following-described property:
The easterly 21 feet of Lots 31 and 32, Block 1, Cahanes Acres
This property is also known as 831 N. Century, Maplewood;
WHEREAS, the procedural history of this rezoning is as follows:
1" This rezoning was initiated by the city council pursuant to
Chapter 36, Article VII of the Maplewood Code of Ordinances.
2, This rezoning was reviewed by the Maplewood Planning
Commission on April 4, 1988^ The planning commission recommended to
the city council that said rezoning be approved"
3° The Maplewood City Council held a public hearing on May 23,
1988 to consider this rezoning. Notice thereof was published and
mailed pursuant to law. All persons present at said hearing were given
an opportunity to be heard and present written statements" The council
also considered reports and recommendations of the city staff and
planning commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
the above-described rezoning be approved on the basis of the following
findings of fact:
1. The proposed change is consistent with the spirit, purpose
and intent of the zoning code,
2. The proposed change will not substantially injure or detract
from the use of neighboring property or from the character of the
neighborhood, and that the use of the property adjacent to the area
included in the proposed change or plan is adequately safeguarded.
3^ The proposed change will serve the best interests and
conveniences of the community, where applicable and the public welfare.
4. The proposed change would have no negative effect upon the
logical, efficient, and economical extension of 'public services and
facilities, such as public water, sewers, police and fire protection
and schools,
/^
21 Attachment 10
5° Outdoor sales have been conducted on this land since at least
1979 without complaint"
6° The outdoor sales area was approved with a conditional use
permit on December 6, 1986°
Adopted this day of , 1988.
Seconded by Ayes--
STATE OF MINNESOTA )
)
COUNTY OF RAMSEY ) SS"
)
CITY OF MAPLEWOOD )
I, the undersigned, being the duly qualified and appointed clerk
of the City of Maplewood Minnesota, do hereby certify that I have
carefully compared the attached and foregoing extract of minutes of a
regular meeting of the City of Maplewood held on the day of
, 1988 with the original on file in my office, and
the same is a full, true and complete transcript therefrom insofar as
the same relates to this rezoning"
Witness my hand as such clerk and the corporate seal of the city
this . day of , 1988"
City Clerk
City of Maplewood
c
/.
22
CONDITIONAL USE PERMIT RESOLUTION
Pursuant to due call and notice thereof a regular meeting of
the City Council of the City of Maplewood, Minnesota was duly
called and held in the council chambers in said city on thr
day of , 1988 at 7 p.m.
The following members were present:
,^
The following members were absent:
WHEREAS, George Dege initiated a conditional use permit revision
to include a residential garage and delete the indoor/outdoor sales
area from the 1971 permit for a parking lot in an R-1 zone" The
property is described as Lots 31 and 32, Block 1, Cahanes Acres,
This property is also known as 831 North Century Avenue Maplewood;
WHEREAS, the procedural history of this conditional use permit is
as follows:
1° This permit was approved on June 3, 1971 and revised on
December 8, 1986 to allow an expansion of the parking lot and an
indoor/outdoor sales area.
2" Mr. Dege requested a revision to the permit in 1988 to
include a garage and exclude the indoor/outdoor sales area"
3" This conditional use permit revision was reviewed by the
Maplewood Planning Commission on April 4, 198B" The planning
commission recommended to the city council that said permit be
approved, except for the garage"
4" The Maplewood City Council held a public hearing on May 23,
1988" Notice thereof was published and mailed pursuant to law" All
persons present at said hearing were given an opportunity to be heard
and present written statements" The council also considered reports
and recommendations of the city staff and planning commission"
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAI
the 1971 conditional use permit revised in 1986 for an off-street
parking lot is renewed and revised to include a garage and exclude the
indoor/outdoor sales area. Approval is based on the following
findings:
1^ The use is in conformity with the city's comprehensive plan
and with the purpose and standards of the zoning code.
2" The establishment or maintenance of the use would not be
23 Attachment 11
detrimental to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated
to be compatible with the character of that zoning district"
4" The use would not depreciate property values"
5° The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises glare,
smoke, dust, odor, fumes, water pollution, water run-off, vibration,
general unsightliness, electrical interference or other nuisances"
6" The use would generate only minimal vehicular traffic on
local streets and shall not create traffic congestion unsafe access or
parking needs that will cause undue burden to the area properties.
7" The use would be serviced by essential public services, such
as streets, police fire protection, utilities schools and parks,
8. The use would not create excessive additional requirements at
public cost for public facilities and services; and would not be
detrimental to the welfare of the city"
9. The use would preserve and incorporate the site's natural and
scenic features into the development design"
10" The use would cause minimal adverse environmental effects"
11. The city attorney has ruled that outdoor sales cannot be
approved with a conditional use permit in an R-1 district.
12" The parking lot is a non-conforming use" Section 36-17 (e)
of city code allows the expansion of a non-conforming use by
conditional use permit. The garage is an expansion of the parking lot.
13. There would not be a significant effect on the development of
the parcel as zoned"
14" The garage is almost entirely screened from view"
15" The garage meets the requirements for residential use,
16" The zero setback to the R-1 zone to the west is justified
since the R-1 zone is developed as a commercial parking lot.
17" The 27 3/4^-foot setback to the south lot line is justified
since a six-foot-high screening fence would be constructed, the canopy
is an extension of the existing building line and removing part of the
canopy to meet the setback would be less attractive and expose storage
and sales items to view"
^
24
Approval is subject to the following conditions:
1° The site plan submitted by Mr" Dege on October 27 19B6
includin9,the garage, shall be revised based on a survey of the south
lot line and the west line of the canopy. The revised plan and the
remodeling plan submitted on December 15, 1987, with any revisions
required by the Design Review Board, shall be considered part of this
permit" Any change must be approved by the Community Design Review
Board"
2. The parking lot may only be used for parking for the garden
center building. The garage may be used for the storage of a
recreational vehicle.
3, No commercial use for sale, storage, display or advertising
signs of garden materials, plants, or any other kinds of goods shall be
allowed anywhere on the legally described property to which this
conditional use permit is issued or the parking lot.
4" No portion of this site or parking lot shall be used for
truck or trailer storage, except in the garage.
5" Review, renewal or revocation of this permit shall be in
accordance with city code"
6. Any trees on the site that die must be replaced"
7" No exterior lighting or speakers shall be allowed"
B. The canopy shall not be enclosed for year-round use"
9° Sales under the canopy or outdoors shall be limited to garden
products from March through October" No other type of sales or storage
shall be allowed"
10" Council may require removal of the canopy or garage for
additional parking or to reduce parking demand if the use changes^
I
o
25
Adopted this day of , 1988"
Seconded by Ayes~~
STATE OF MINNESOTA )
>
COUNTY OF RAMSEY ) SS"
)
CITY OF MAPLEWOOD )
I, the undersigned, being the duly qualified and appointed clerk
of the City of Maplewood, Minnesota, do hereby certify that I have
carefully compared the attached and foregoing extract of minutes of a
regular meeting of the City of Maplewood, held on the day of
, 1986, with the original on file in my office, and the
same is a full, true and complete transcript insofar as the same
relates to a conditional use permit"
Witness my hand as such clerk and the corporate seal of the city
this day of , 1988"
City Clerk
City of Maplewood
o
'.
VARIANCE RESOLUTION
Pursuant to due call and notice thereof, a regular meeting of the
city council of the City of Maplewood Minnesota was duly called and
held in the council chambers in said city on the day of ,
1988 at 7 P°/n"
The following members were present:
The following members were absent:
WHEREAS, George Dege applied for a variance for the following-
described property:
1" SUBJ TO WALL AGRT PART OF LOTS 1 AND 2 S OF L AS FOL BEG AT
NE COR OF LOT 2 TH W 31 FT ON N L OF LOT 2 TH S 1 7/10 FT TH W TO
POINT 92 2/10 FT E AND 3/10 FT N OF NW COR OF LOT 2 TH S 3/10 FT
TH W TO NW COR OF SD LOT 2 BLK 1 CAHANES ACRES
and
2" LOTS 31 AND 32, BLOCK 1, CAHANES ACRES
This property is also known as 831 N. Century, Maplewood;
WHEREAS, Section 36-153 (3) of the Maplewood Code of Ordinances
requires a 50-foot setback from residential property;
WHEREAS, the applicant is proposing a setback of 25 3/4 feet,
requiring a variance of 24 1/4 feet"
WHEREAS, the procedural history of this variance is as follows:
1" This variance was reviewed by the Maplewood Planning
Commission on April 4, 19B8" The planning commission recommended to
the city council that said variance by approved"
2" The Maplewood
to consider this
mailed pursuant to law,
an opportunity to be he
also considered reports
planning commission.
City Council held a public hearing on
variance" Notice thereof was published and
All persons present at said hearing were given
ard and present written statements. The council
and recommendations of the city staff and
NOW THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
a 3 1/2 foot variance be approved on the basis of the following
findings of fact:
1" Strict enforcement would cause an undue hardship because of
circumstances unique to the individual property under consideration:
C Without the variance, part of the entrance ramp would be
exposed and could become slippery and a safety hazard when
wet"
27 Attachment 12
b° The code requiring a 50-foot setback was passed after
the entrance ramp was constructed. The plight of the
landowner is due to circumstances unique to the property and
not created by the property owner"
c" The variance would not alter the essential character of
the locality, since the variance is minimal and, with
screening, the 3 1/2 feet of canopy within the setback would
not be visible to adjacent properties.
2° The variance would be in keeping with the spirit and intent
of the ordinance.
Approval is conditioned on providing enough screening along the
south property line so that no more than 80% of the canopy is visible
from the residential property.
Adopted this day of , 1988�
Seconded by Ayes~-
STATE OF MINNESOTA )
>
COUNTY OF RAMSEY ) SS"
)
CITY OF MAPLEWOOD )
I, the undersigned, being the duly qualified and appointed clerk
of the City of Maplewood, Minnesota do hereby certify that I have
carefully compared the attached and foregoing extract of minutes of a
regular meeting of the City of Maplewood, held on the day of
, 1988, with the original on file in my office, and the
same is a full, true and complete transcript therefrom insofar as the
same relates to .
Witness my hand as such clerk and the corporate seal of the city
this day of , 1980.
' City Clerk
City of Maplewood
^
ME
REAL ESTATE
PROPERTY NIANAOBMBNT
APPRAISALS
JOHN J. KENNA
REALTOR
211 MIDIVEST FEDBRAI. OLIX-
BO B. FIRTH STUB BT
$T. PAUL, MINN. 55101
April 8, 1988
Mr. Geoff Olson
Director of Community Development
City of Maplewood
1830 East County Road B
Maplewood, Minnesota 55109
R.rtwm.mwtu IN IMMR
1-110Xi In 221 -M1MM3
RE: Dege Garden Center
Century Ave. N., Maplewood
Dear Mr. Olson:
As per our telephone conversation, I viewed the above mentioned property
with attention to a large garage located in the rear parking lot at the
corner of East Seventh Street and M ayhill Road. I have enclosed several
photographs taken at this time, along with a map showing the directions
from which the pictures were taken.
As you can see this building is almost entirely sheltered from view by the
trees along the edge of the parking lot. That portion at the top of the
garage which can be seen appears to be in good condition and of a color
that blends well with these trees.
I assume that you have contacted your attorneys as to any legal issues
involved in the construction and location of this building.
It is my opinion that this garage does not cause any significant damage to
the values of the neighborhood properties. If, however, the landscaping of
the lot or color of the garage were altered, it could become an eyesore.
Also, the property would stand out from the others if evening lighting on
property is not equal to the rest of the area.
Please call if I can be of additional service.
Yours truly,
oil n "Kenn /a'
enc.
29 Attachment 13
Community Design Review Board -4-
Minutes 4 -26 -88
proposed Mapleviood Meadows plat. Approval is subject to:
1. Pri to the construction of the se and structure,
deeds mus be recorded to create indivi u'I building
sites.
2. Both s•tr• ctures shall have di event color aluminum
siding and bot shall have a diff rent no-maintenance
first floor mat ial applied to he front elevation.
Final plans are s bject to sta. f approval.
8. These =_tr•ucturxs must ) connected to sanitary
sewer . \ /
4. A fire hydrant shaX be extended to these lots, if
required by the Fire rs al, in accordance to the plare
for extending the wa r•mai throughout the plat.
5. Each lot s.li.al be at lea._\ 85 feet wide at the
building_ setback ine and all s tba.cl< requirement= =_.Fa.11
be met.
Board Member ochsiek seconded es--Moe, Kochsiek,
Er k=_on
B. Carv/r School- Parking Lot Expansion
Board hember• Kochsiek moved approval of th rk
paing lot
ey.pan ion plan dated April 12, 1988 for Ca ry r Elementary
Schc 1, subject to compliance with the code r NtY for parking lats and obtaining the necessary and
c rty permit=_.
d Member Erickson seconded ayes- -Moe, Koc \siel:,
Erickson
C. Deg_e Garden Center - Building Addition (Canopy - Covered
outdoor Sales Area.)
George -Dege, owner of the property, gave a description of
his proposal.
Lois Gschlecht, 825 Maxhill Road, and Duane Golask>•, 804
rla.yhill Road, discussed the proposal and voiced their
objections. Both requested lattice -work over the chain
link fencing on the canopy structure.
Board Member Kochsiek moved approval of plans date -
stamped December 15, 1987, for the coveCed outdoor sales
area expansion /remodeling, screening fence and trash
enclosure, subject to the following conditions:
Community Design Preview Board -5-
Minutes 4 -26 -88
I. Approval of the nece=ssary land use plan and zoning
code approvals by the city council.
2. Widening the driveway to permit trucks to enter and
exit without using neighbors' drives or lawns.
3. A six- foot -high, vertical board fence shall be
provided along the south property line from the row of
evergreen trees on the west to the Dairy Queen property
line on the east. This fence shall be constructed by
June 30, 1988.
4. Removable lattice -work panels. shall be applied over
the chain -link fence material of the canopy structure
during the off- season. This lattice shall cover all
exposed side=_ of the canopy.
5. If council requires the removal of the canopy
structure back to the entrance ramp, the south eleaa.tion
of the structure shall be constructed as• shown on the
plans and =subject to these conditions.
6. A=_• required by code, the trash enclosure shall have
a 100:: opaque wooden gate arid shall be a color and
material compatible with the building. Enclosures shall
be protected by concrete - filled steel post=_, or the
equivalent, anchored in the ground at the front corners
of the structure. If the enclosure is masonry, the
protective posts may be omitted.
!Board Member Erickson seconded Ayes- -tloe, l<ochs.iek,
Erickson
D own Plaza -Site Plan and Building Design
Mr. Norm Br v wa=s. pre=ent to discu=ss hi r'opc-sal .
Staff discusse ie problems concerning he defici >.rt
building and parkin lot t bl'c k s f"rrI the north and
east sides. Staff exp ined that ouncil is presently
considering a code amendm it t allow le=sser building
setbacks from a residential ne by conditional use
permit. Therefore, the a�. ica may be required to
apply for a conditionaliGse permi o have less. than a
50 -foot building setback from the eas. and north. A
variance or code air- ndment would also b equired to
provide less thar a 20 -foot landscaped sid and along
these sides as ell
..
Board hlembF Kochsiek moved approval of, plan=_ date
stamped peril 26, 1988, for Crown Plaza; subject to btie
+ollowiYro conditions:
Planning Commission -3-
Minutes 4 -4 -88
V. PUBLIC HEARINGS
A.. 831 N. Century (Dege Garden Center)
Plan Amendment
Rezoning
Conditional Use Permit Revision
Variance
Parking Space Variance
Secretary Olson explained the staff report and discussed the
proposal with the commissioners.
The commissioners discussed the possibility of future problems
with development if the comprehensive plan is amended from RL,
residential low density to SC, service commercial for the BC,
business commercial zone.
George Dege, President of Dege Garden Center, was present at
the meeting and discussed the past actions of the garden
center. Mr. Dege said he was in favor of having the property
surveyed. Mr. Dege said he did not need the 50 -foot setback
into the R -1 district, but only 16 feet.
Carl Norberg, 800 Amhoist Tower, St. Paul, was present as
attorney for the neighbors. Mr. Norberg commented on the past
legal processes of the Dege garage.
Lion Gschlecht, 825 Mayhill Road, Maplewood, read a petition
from the neighbors in the area concerning the rezoning request
by the Dege Garden Center. The neighbors asked that the
request for rezoning be denied.
George Tatro, 2045 Park Road, No. St. Paul, spoke for the
property owners at 814 Mayhill Road who were out of town,
P Y
objecting to Mr. Dege's past history of violations of his
conditional use permit.
Pat Werden, 805 Century Avenue, Maplewood, spoke objecting to
the Dege rezoning proposal. Ms. Werden also read a letter from
Marian Satak, 2725 E. Seventh Street, Maplewood, and Harry
Cure,4'ls. Satak's next -door neighbor, who were unable to attend
the meeting but wanted their objections to the proposal on the
record.
Dan Dege, 917 Algonquin Avenue, St. Paul, architect and brother
of the applicant, said the entry to the garden center on
Century Avenue has never been moved, but it is only in- coming
traffic because it is a small parking lot.
Planning Commission -4-
Minutes 4 -4 -88
Duane Golasky, 804 Mayhill Road, commented on the history of
the traffic and parking pattern of the Dege building. Mr.
Golasky objected to the garage on the parking lot land and
would like it removed.
Gunnard Crank, 2695 E. Seventh St., spoke in favor of the
proposal. He.said Dege's business is an improvement for the
neighborhood. He said that many people in the neighborhood are
in favor of Dege's business. He said he opposed the rezoning
of the outside sales area to business commercial.
Tom McDonough, 833 Mayhill Road, said he wanted it on the
record that he is opposed to the rezoning of 68 feet, but he is
not opposed to the 16 feet.
Don Hove, 778 Mayhill Road, spoke in opposition to the Dege
garage and all four of the proposals.
Delores Gschlecht, 825 Mayhill Road, commented on the history
of Mr. Dege violating his conditional use permit and said she
was opposed to the proposal.
Commissioner Larson moved the planning commission:
I. Approve the resolution amending the comprehensive plan
from RL, residential low density to SC, service commercial for
the BC, business commercial zone at the corner of Century
Avenue and Seventh Street and the area proposed for rezoning on
the Dege Garden Center property. Approval is based on the
findings that:
A. This corner has been zoned and used for commercial
use since the 1960s.
B. There was an oversight in designating the two lots
abutting Century Avenue for low density residential use
when the plan was adopted in 1973. outdoor sales were
approved by the city council's actions on.the 16 -1 /2 feet
in 1966.
C. The outdoor sales area on the Dege Garden Center
property has operated since at least 1979 without adverse
affect to the adjacent properties.
Commissioner Fiola seconded Ayes -- Axdahl, Ayers,
Barrett, Cardinal, Liempsey,
Fiala, Larson, Sigmundik
Commissioner Cardinal moved the planning commission:
Planning Commission -5-
Minutes 4 -4 -69
II. Approve the resolution moving the R -1 /BC zoning line 66-
1/2 feet west to include the outdoor sales area.
In addition.to the four findings required by code, approval is
based an the findings that:
A. Outdoor sales have been conducted on this land since
at least 1979.
B. The outdoor sales area was approved with a
conditional use permit on December 6 1986.
Commissioner Larson seconded
Ayes-- Axdahl, Ayers,
Barrett, Cardinal, Dempsey,
Fiola, Larson, Sigmundik
Commission Fiola moved the planning commission:
III. Renew the conditional use permit for one year and approve
the resolution which makes the following revisions to the
permit:
A. The language approving the outdoor sales area is
deleted.
B. The language denying the garage stands.
The basis for these changes are as follows:
A. The city attorney has ruled that outdoor sales cannot
be approved with a conditional use permit in an R -1
district.
Approval is subject to the following conditions (deletions are
crossed out and additions are underlined):
1. The site plan submitted by Mr. Dege on October 27, 1986
except for the garage, shall be revised based on a survey of
the south lot line and the west line of the canopy. The
revised site plan shall be considered as part of this permit.
2. The parking lot may only be used for parking for the
garden center building.
3. No commercial use for sale, storage, display or
advertising signs of garden materials, plants, or any other
kinds of goods shall be allowed anywhere on the legally
described property to which this conditional use permit is
issued except- arrdrr -tre- approved- c�noFy ___The cRnQpy- 5{rall -not
tse -eFrel Set) es gha14- br 1- united -to crserq -pi antes artd
Planning Commission -6-
Minutes 4 -4 -88
covering- sstraarfrom -ltpri l- tfirotcgh- 9eptenrt�r :-- 1do- vtlTer^ types of
s�xtes ar- storage- shai-t -tre -al9vwed : or the parking lot.
4. No portion of this site or parking lot shall be used for
truck or trailer storage.
5. Review, renewal or revocation of this permit shall be in
accordance with city code.
6.
Any
trees on the site
that die must be
replaced.
7.
No
exterior lighting
or speakers shall
be allowed.
8.
The
canopy shall not
be enclosed for year
-round use.
9. Sales under the canopy or outdoors shall be limited to
garden products from Marc
Apr-0 through October Sephemb-er. No other type of sales or
storage shall be allowed.
10.
Commissioner Ayers seconded Ayes-- Axdahl, Ayers,
Barrett, Cardinal, Dempsey,
Fiola, Larson, Sigmundik
Commissioner Cardinal moved the planning commission:
IV. Deny a variance of 24 -1/2 feet to keep the overhead canopy
25 -3/4 feet from the residential zone to the south, on the
basis that strict enforcement would not cause undue hardship
because of circumstances unique to the property:
A. The property could be put to a reasonable use with a
variance of only 3 -1/2 feet.
B. Mr. Dege is proposing to extend the canopy 28 feet to
the north, which would compensate him for the loss of
canopy area to the south.
Commissioner Larson seconded Ayes-- Axdahl, Ayers,
Barrett, Cardinal, Dempsey,
Fiola, Larson, Sigmundik:
Commissioner Fiola moved the planning commission:
V. Approve the resolution approving a variance of 3 -1/2 feet
to keep the overhead canopy 46 -1/2 feet from the residential
zone to the south. Approval is based do the following
findings:
I. "
Planning Commission
Minutes 4 -4 -88
-7-
A. Strict enforcement would cause an undue hardship
because of circumstances unique to the individual property
under consideration. I.,
1. Without the variance, part of the entrance ramp
would be exposed and could become slippery and a
safety hazard when wet.
2. The code requiring a fifty -foot setback was
passed after the entrance ramp was constructed. The
plight of the landowner is due to circumstances
unique to the property and not created by the
property owner.
3. The variance would not alter the essential
character of the locality, since the variance is
minimal and, with screening, the 3 -1/2 feet of canopy
within the setback would not be visible to adjacent
properties.
B. The variance would be in keeping with the spirit and
intent of the ordinance.
Approval is conditioned on providing a six -foot high, vertical
board fence along the south property line from the row of
evergreen trees on the west to the Dairy Queen property line on
the east.
Commissioner Sigmundik seconded Ayes-- Axdahl, Ayers,
Barrett, Cardinal,
Dempsey, Fiola, Larson,
Sigmundik
Commissioner Sigmundik moved the planning commission:
VI. Authorize 31 parking spaces, rather than the 53 spaces
required by code, on the basis that:
A. The business is seasonal.
B. The outdoor sales have been conducted since at least
1979 without a parking problem.
C. The canopy could be removed for additional parking if
the use changes.
Commissioner Cardinal seconded Ayes -- Axdahl, Barrett,
Cardinal, Dempsey,
Planning Commission
Minutes 4 -4 -88
WM
Fiola, Larson,
Sigmundik
Nays- -Ayers
Commissioner Larson moved the planning commission recommend
that there be further negotiations between the community design
review board, Dege Barden Center, and neighboring Maplewood
homeowners association regarding the west facade of the
business with respect to the canopy.
Commissioner Cardinal seconded Ayes-- Axdahl, Ayers,
Barrett, Cardinal,
Dempsey, Fiola, Larson,
Sigmundik
VI. VISITOR PRESENTATIONS
VII. COMMUNICATIONS
VIII. NEW BUSINESS
IX. UNFINISHED BUSINESS
X. COMMISSION PRESENTATIONS
A. Council Meeting: March 28, 1988
XI. STAFF PRESENTATIONS
A. Council Meeting- -April 11 1988: Bob Cardinal
XII. ADJOURNMENT
Meeting adjourned 11:25 p.m.
121
Action by Counall;
MEMORANDUM Endorsed_
Modified........,n.,, , ,
TO: City Manager Rejeoted_ .�
FROM: Director of Community Development Date.
SUBJECT: Code Amendment -- Residential Uses /Home Occupations
DATE: May 27, 1988
The. two changes, listed below, made by the city council at the last
meeting have been made:
1. On page 9, plant nurseries, commercial greenhouses, farms, truck
gardens or any structure for the sale or display of commercial products
have been moved from prohibited uses to conditional uses in the R -1
district.
2. On page 12, single- family dwellings have been moved from prohibited
uses to conditional uses in the R -3, multiple district.
Staff recommends against both changes. Commercial agricultural sales are
generally not appropriate in R -1 zones. Likewise, single- dwelling homes
are generally not appropriate in R -3 zones. If single- dwelling homes are
allowed in and R -3 district, they will usually protest when a multiple
dwelling is proposed adjacent to them.
y .:. .... ..... _._..
MEMORANDUM
T0: City Manager
FROM: Director of Community Development
SUBJECT: Code Amendment -- Residential uses and Home Occupations
DATER March 15, 1988
Introduction
Several changes have been requested to the home occupation ordinance:
1. Councilmember Juker's suggestions are listed on page 3.
2. On January 11, the council directed staff to revise the ordinances
to grant home occupations to individuals, through licensing, rather than
to the property with a conditional use permit.
3. Brian Donnelly (2922 Chippewa Avenue) has requested a code
amendment to allow up to three nonresident employees in a home
occupation. He has made a separate application for a home occupation
permit to operate a heating, air conditioning and refrigeration repair
business. Code restricts nonresident employees to one. The nonresident
employees are self - employed subcontractors that Mr. Donnelly dispatches
to the homes of his clients. The subcontractors stop at Mr. Donnelly's
home once a day for about 5 to 10 minutes to drop off invoices and client
payments.
One of the wort: items suggested by the planning commission is a review of
the permitted uses in the zoning ordinance.
Discussion
This ordinance would make the following major changes:
1. Home occupation permits would be issued to individuals, through a
license, rather than going with the property, through a conditional use
permit.
2. A new restriction on parking for nonresident employees who work off
site has been added, as well as a restriction on an on- street parking.
3. A new,home occupation questionnaire has been written to provide more
information on the home occupation.
4. Sales of goods produced off -site would be limited to 20% of gross
sales. The current ordinance requires that such sales be subordinate to
the principal business.
5. A conditional use permit would be required to park a heavy commercial
vehicle on residential property. One light commercial vehicle would be
allowed. Additional light commercial vehicles would need a conditional
use permit. Current ordinance permits unlimited commercial vehicles if
they are stored in a garage.
b. The restrictions on commercial vehicles have been extended to the
other residential districts.
7. An editing of the uses allowed in each of the residential zones has
been done to keep them consistent and delete obsolete language.
Recommendation
Adopt the ordinance on page 5.
mb
Attachments:
1. Councilperson Juker's comments
2. Proposed ordinance
3. Revised home occupation application questionnaire
2
Council Packet - Fran Juker
.1 7/4i
,L,/�.u.��,2cP�iu
AW
D.
of
tea
Attachment 1
W '7. d- - hco�.l�� ..bix�� o n,�. n � '
A 0
I
I
4
ORDINANCE NO.
AN ORDINANCE PERTAINING TO THE RESULATION OF HOME
OCCUPATIONS AND THE USES PERMITTED IN RESIDENTIAL DISTRICTS
THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Sec. 36 -6 (Zoning Code). Definitions are
hereby amended to include the following:
Commercial equipment: Equipment not normally associated
with residential use, including cement mixers, snow plows,
or heavy duty compressors.
Heavy commercial vehicle: A vehicle including trailers,
with more than a one -ton payload rating. Tractor trucks,
wreckers, backhoes or dump trucks are included in this
definition. This definition does not include the resident's
recreational vehicles.
Light commercial vehicle: A vehicle with a payload rating
of one ton or less on which is attached a snow plow, glass
carrier, crane or similar commercial attachment.
Premises: A tract of land, including any buildings
thereon.
Section 2. Article II, Division 2 (F, farm residence
district) is amended as follows (additions are underlined
and deletions are crossed out):
DIVISION 2. F, FARM RESIDENCE DISTRICT
Sec. 36 -51. Permitted uses.
The only uses Permitted in a F Farm Residence District are
as follows
(1) Any use permitted in the R -1 Residence District.
(2) General farming or gardening including the use or
storage of associated farm eouipment.
(3) Commercial greenhouses and nurseries.
5 Attachment 2
(4) Permanent stands for the sale of agricultural
products produced on the premises" These stands to
be constructed according to setback rules and
regulations~
(5) Stock raising and dairying.
Sec" 36~52
Uses7l.
(d]-) MEAnUfaCtUred home — narI:;
Sec^ 36~53-36~65" Reserved^
Section 3. Sec. 36~66, Permitted uses (R-1 single-
dwelling district) is hereby amended as follows (deletions
are crossed out and additions are underlined):
Sec. 36-U 14-96A Uses-
(a)
Ij
(1)
pfIr lo
el" Acs cvrrm
P o arc y J 1 6 o✓se-
Sep �rrohrt!r�uf
vse s p. 9
(2) Public parks and play grounds. and ^ ^
(3)
lerml�td �h a��
�isfrr�7 b y Cup
(serf 3G 931
5ee bcenslnq
See ton p. 12-
........... MOM
PoN -Pq-! PM -
pp"I"IMMMI - M
W 0 - ------- -
;Twr.r. rz'-�.
MZNMI
(4) One mobile home trailer may be temporarily
parked on improved property temporarily with
city council approval. special permit, which
shall expire ninety (90) days from the date of
issuance. The city council shall set the time
(5) One light commercial vehicle.
b. Conditional uses The following uses may be
permitted by conditional use permit:
1 .
2 .
c Prohibited uses The following uses are prohibited:
1.
2 .
Section 4. Sections 36 -81 and (R -E, Residential Estate
District) are amended as follows (deletions are crossed
out and additions are underlined):
Section 36 -81. Permitted and conditional uses.
Any permitted or conditional use permitted in an R -i
Residence District (single dwelling) is permitted in a
R -E Residence Estate District.
Section.36.82. Accessory uses.
Any accessory use permitted in an
(single dwelling) is permitted
Estate District, except:
(1) Used car lots.
Prohibited uses.
R -1 Residence District
in the R -E Residence
(2) The wrecking of automobiles or trucks including
the sale of used cars.
0
Section 5. Section 36 -86 (R -2, Double Dwelling District)
is hereby amended as follows (deletions are crossed out and
additions are underlined)e
Section 36 -86. Uses.
Sa
ANN
(b)
1. Any use permitted by conditional use Permit in
the R -1 District.
Section 6. Section 36 -94 is added to the R -2 Districts
Sec. 36 -94. Minimum floor areas.
(Sccl. 36 `y37
c lrs;�mf by cup
10
The minimum habitable floor area for each R -2 Residence
District dwelling unit shall be at least. five hundred
eighty (580) square feet per efficiency or one - bedroom
unit; seven hundred forty (740) square feet per two -
bedroom unit; eight hundred sixty (860) square feet per
three - bedroom unit; one thousand forty (1 square feet
per four - bedroom unit.
Section 7. Section 36 -108 (R -3 Multiple Dwelling District)
is hereby amended as follows (deletions are crossed out and
additions are underlined):
Sec. 36 -108. R-2- distpiEts- -O^'^'^'tted uses. Uses.
(2) 6lubs,— ledge%, - Eternity -a ' mmMPMPjtY
i
44) ^a:^^ and 1OA9:^^ hQWGWG Src IL - CUPS
5)—Th° s� of I -w ng uses pur - t to ° '", ° pe °: t
r
granted by the eeuneil GR applisation -and
as pimov-ided n t: l rrt =F this 'h .,
P t°
- ' un c.ta,:$ j + + , nursing homes end y � �. /
e1 :F-r t -t ..
t S h uman :l m ..t /S f/C
C
YT7
e t h t a .c : °a :., o..t : = 1_. 1 �HSrnq �vrft° o A
'Ti of thin chapte relating to apscial Us
Pa+-
11
a.
b.
Section 8. Sec. 17 -21 (Home Occupations) is hereby amended
as follows (deletions crossed out and additions are
underlined)n
Section 17 -21. License requirements
2 .
3 .
4.
S.
(b)
requirements:
1.
12
3. Nursing home.
4. Single- family dwellings.
1. E_molovment of a nonresident in the home
occupation.
More than one vehicle associated with the home
occupation which is classified as a light
commercial vehicle.
time in addition to the p King sp required
by the residents..
2 1.
on-sfte vehicle parked on site. one
off-site emplovee vehicle may be park on-
3
An arpa to no ..- than twen:Ly (20),
Lergewt,f each l evel of the house, including
. . ....... .
the basemInt. shat I be used in the condypt.. of -a..
home occupation,.
There shall be no change visible off premises in
the _outside appgikrance of the 3�j qrr
prepises that wo jc8te, jI
home occupation other than one sign meetinj_thg
requirements of the city sign code_
tj„ No more than -20% of - business income shall com .
from the sale of __ products produced off -site,
unless approved by the city council.,
iu. No equipment or rocess shall be used i,n such„
the case of electrical interference,_np.
e:•cr_�iipm or process shall be wised wh creates
visual or audible - inter+erence in any radio nr
television receivers o++ the oremises. or causes
fluctuations in line voltage off the premises
E1„ -There shal be no fire, safety---- or health
hazards ,
A home occupation shall not include _the remain
of internal combustion engines, body shops
machine shops, welding, ammunition manufacturing,
or other objectionable uses as determined by the
111y,_ Machine Tops are defined as places where
raw metal is fabricated, using m achines that
o on more than one hundred twenty (120).
volts W current
13
the resident; shall not h e included in this
regui ement
10.
11 .
12 .
Section 17 -22. Original license approval procedure
S!m / prateolarG
/o Gu% n / `r�/rn ✓R�
Section 17. 23. Lice renewal revec-atioT
Each license holder shall apply to the city clerk each
January for renewal. Prior to issuance of a license
renewal, the city shall determine that all licensing
conditions and city ordinances are being met. The city
clerk shalt revoke the license where compliance with the
licensing conditions or city ordinances cannot be
obtained or where the home occupation has been
discontinued. Revocation may occur at any time that
compliance with license conditions or city ordinance
c annot be o btai ned. The clerk —tnay revo ad-
-eFuse
LL 1L� -1 L �- o f th
CY2t1iMtG�- vT- nrn' ico1R�] 1 'VPl c�'rc cm
C) i Loki apprev'81
14
^ f anTMx&+fiy
ZS.pa t i o , v nc - e - - en4 94 - na4 a$${ T' T L I lC d 1TL Tfy
d --pt-+e to the enaetment OF thi
. ti ! e.
Section 17.24 Appeal.
The owner or his assign of a home occupation hW ose
license has been revoked by the city clerk may aooeal
the
=IaPk-w decision to the city council. To request an
appeal , t owner of thJu ti tio . u-t ..4. -1a a
written letter of request must be submitted to the city
clerk within thirty (30) days of the license revocation
-=ter' Th city council may revoke aoorove or add
aooeal .
Section 17 -28. Transfer of license.
Section 9. This ordinance shall take effect upon its
passage and publication.
Passed by the Maplewood City Council
on the day of 1 1988.
Mayor
Attests
City Clerk
Ayes--
Nays--
15
Applicant's Name
Address of Home Occupation
HOME OCCUPATION QUESTIONNAIRE
1.
2.
3.
4.
5.
6.
7 .
8.
Describe the home occupation being proposed
How many nonresident employees would work on —site? Hour
many nonresident employees would work off —site? How often
would off —site employees visit your home?
What percentage of each level of your home's floor area, including
basement, would be used in conducting the home occupation?
Where on the premises will the home occupation be conducted?
Describe any changes in the outside appearance of the building or
premises, other than one wall— mounted sign of not more than two
square feet?
What percentage of gross sales would come from the sale of a
product(s) produced off —site.
How many customer or employee vehicles would be parked on the
premises at any one time?
Describe the type and give the number of each type of vehicle to be
used in the home occupation and where they will be parked.
9. What will be the average number of customers expected to visit the
premises per week? The average number of employee /subcontractor
visits to the premises per week? What time of day and which days
of the week would you expect these visits to occur?
10. Describe any delivery vehicles that will bring supplies to or be used
to ship products from the premises. Include the type, amount and
frequency of delivery of supplies; and the type, size, frequency and
hours of such delivery vehicles.
16
Attachment 3
11, Describe the type of equipment, including ventilation systems, or
process(es) that will be used in the home occupation and how the use
of this equipment or process(es) will be kept unnoticeable to the
normal senses of persons off of the premises.
12. If equipment will be used that runs on electricity is new wiring
proposed? If existing wiring is to be used, has the wiring been
approved by a city inspector for the proposed use(s)?
~~
13^ Describe the amount and type of any chemicals, gasoline, hazardous
substances or other similar material, that are proposed to be used in
the home occupation" Also, describe where these materials will be
stored.
14" Describe the manner in which the substances identified in Question
13, and any by-products therefrom, will be disposed"
15" Has the proposed location and type of home occupation been reviewed
by the city building official and fire marshal?
(Note: Some home occupations, such as beauty shops, require fire
walls and an additional access/exit" In such cases, the building
plans should be reviewed by the city before the home occupation
license is applied for to insure that the required work can be
accomplished.)
16. If applicable, has aMinnesota Sales and Use Identification Number
been applied for this home occupation?_" (Note: This number
must be presented to the city clerk as a condition of annual
licensing.)
17
Planning Commission -4
Minutes 3 -21 -88
I. Approve the resolution approving/ the conditional use
permit for one year, subject to the ollowing conditions:
A. dherence to the site p an dated March 15, 1988,
unless a change is approve by the city's community design
review ard.
B. Maters is in /ights age yard shall be no more than
80% visible rom tentiai lots to the south. This
may limit sta .ing or require a higher fence
height.
C. Hours of opf(6,ation in the storage yard shall be
limited to 7:00/a.6 to 10 :00 p.m.
II. Authorize 3parking\spaces, rather than the 456
required, on the asis that1
A. There( are more parki9 spaces for each square foot of
building than the average enard's store.
B. Pi hours for Menard's
C. There h'as always been
th' site.
ssioner Sigmundilc seconded
ld be opposite of the bar.
ing than needed on
%Bret -- Ax Ayers,
Cardinal,
ey, Fischer,
Goins Sigmundik,
Sletten
B. Code Amendment: Residential Uses /Home Occupations
Secretary Olson discussed with the commissioners the proposed
code amendment pertaining to the regulation of home occupations
and the uses permitted in residential districts.
Commissioner Goins moved approval of the amended code amendment
pertaining to home occupations and residential uses.
Commissioner Sletten seconded
Ayes -- Axdahl, Ayers,
Barrett, Cardinal,
Dempsey, F i scher ,
Goins, Sigmundik,
Sletten
IX. UNFINISHED BUSINESS
X. COMMISSION PRESENTATIONS
i MEMORANDUM bction b9 Council;
'
Endorse d______ �.
Modifie
TO: City Manager Mike McGuire ReJected_..
FROM: Director of Emergency Services Larry J. Cude Hate
DATE: April 26, 1988
RE: Deputy Director Position
Please be advised that John Zuercher will be leaving his
position as Deputy Director of Emergency Services on August 26,
1988. His reason for resigning is a transfer to Austin, TX by
3M Corporation.
For the purpose
authorization to pos
in Maplewood Review,
If you have any
call.
Thank you.
LJC:ajo
of hiring a replacement, we request
t the position for 10 days and place a notice
the official newspaper for Maplewood.
questions, please feel free to give me a
Chapter 11
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CIVIL DEFENSE*
Sec. 11 -1. Declaration of necessity and policy
Because of the existing and increasing possibility of the
occurrence of disasters of unprecedented size and destructiveness
resulting from enemy attack, sabotage, or other hostile action, or from
fire, flood, earthquake, man -made or other natural causes, and in order
to insure that preparations of this city will be adequate to deal with.
such disasters, it is hereby found and declared to be necessary:
(1) To establish a local emergency management [services] agency;
(2) To provide for the exercise of necessary powers during civil
defense emergencies;
(3) To provide for the rendering of mutual aid between this city
and other political subdivisions of this state and of other
states with respect to the carrying out of civil defense
functions. (Ord. No. 378, S 601.010, 10- 17 -74; Ord. No. 565,
S 1, 2- 27 -84)
State law reference -- Similar provisions, M.S. S 12.02, subd. 1.
Sec. 11 -2. Definitions.
For the purpose of this chapter, the following words, terms and
phrases shall have the following meanings respectively ascribed to
them:
Civil defense emergency means an emergency declared by the
governor under Minnesota Statutes, Section 12.31.
Civil defense forces means any personnel employed by the city and
any other volunteer or paid member of the local civil defense agency
engaged in carrying on civil defense functions in accordance with the
provisions of this chapter or any rule or order thereunder.
Emergency management (services] means the preparation for and the
carrying out of all emergency functions, other than functions for which
military forces are primarily responsible, to prevent, minimize and
repair injury and damage resulting from disasters caused by enemy
attack, sabotage, or other enemy hostile actions, or from fire, flood,
earthquake, man -made or other natural causes. These functions
include, without limitation, firefighting services, police services,
medical and health services, rescue, engineering, air -raid warning
*Cross reference -- Administration, Ch. 2.
State law reference -- Minnesota civil defense act of 1951, M.S. Ch.
12.
LEGEND& Bold -- additions to ordinance
[Brackets] -- deletions from ordinance
services, communications, radiological, chemical and other special
weapons defense, evacuation of persons from stricken areas, emergency
welfare services, emergency transportation, existing or properly
assigned functions of plant protection, temporary restoration of public
utility services, and other functions related to civilian protection,
together with all other activities necessary or incidental to
preparation for and the carrying out of the foregoing functions. (Ord.
No. 378, S 601.020, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84)
Sec. 11 -3. Office of emergency management [servicesl (civil defense
agency); director of emergency management [services] etc.,
There is hereby created within the city government a civil defense
agency which shall be named the office of emergency management
[services] which shall be under the supervision and control of a
director of emergency management [services] hereafter called the
director. The director shall be appointed by the mayor, ratified by
the council, report administratively to the city manager, [and] shall
serve for an indefinite term, and shall receive a salary determined by
the council. In a civil defense emergency he may be removed by the
mayor summarily or suspended, and at other times he may be removed by
the mayor, ratified by the council, for cause after an opportunity to
be heard. The director shall have direct responsibility for the
organization, administration and operation of the emergency management
jservices] agency, subject to the direction and control of the council.
The emergency management [services] agency shall b organized into such
divisions and bureaus, consistent with state and local civil defense
plans, as the director deems necessary to provide for the efficient
performance of local civil defense functions during a civil defense
emergency. The emergency management [servicesl agency shall perform
civil defense functions within the city and in addition shall conduct
such functions outside the city as may be required pursuant to the
provisions of the Minnesota civil defense act of 1951, Minnesota
Statutes, Chapter 12, or this chapter. (Ord. No. 378, S 601.030, 10-
17-74; Ord. No. 565, S 1, 2- 27 -84)
State law references -- Requirement that each city establish a local
organization for civil defense, M.S. S 12.25, subd. 1; appointment,
powers, duties, etc., of director, M.S. S 12.25, subd. 1.
Sec. 11 -4. Powers and duties of director of emergency management
(servicesl
(a) The director of emergency management [services] with the
consent of the council, shall represent the city on any regional or
state organization for civil defense. He shall develop proposed mutual
aid agreements with other political subdivisions within or outside the
state for reciprocal civil defense aid and assistance in civil defense
emergency too great to be dealt with unassisted, and he shall present
such agreements to the council for its action. Such arrangements shall
be consistent with the state civil defense plan and during a civil
defense emergency it shall be the duty of the civil defense agency and
civil defense forces to render assistance in accordance with the
provisions of such mutual aid agreements. Any mutual aid arrangement
with a political subdivision of another state shall be subject to the
approval of the governor.
(b) The director shall make such studies and surveys of the
manpower, industry resources, and facilities of the city as he deems
necessary to determine their adequacy for civil defense and to plan for
their most efficient use in time of a civil defense emergency.
(c) The director shall prepare a comprehensive general plan for
the emergency management fservices] agency of the city and shall
present such plan to the council for -its approval. When the council
has approved the plan by resolution, it shall be the duty of all
municipal agencies and all emergency services forces of the city to
perform the duties and functions assigned by the plan as approved. The
plan may be modified in like manner from time to time. The director
shall coordinate the civil defense activities of the city to the end
that they shall be consistent and fully integrated with the civil
defense plan of the federal government and the state, and correlated
with the civil defense plans of other political subdivisions within the
state.
(d) In accordance with the state and city emergency management
[servicesl plan, the director shall institute such training programs
and public information programs and shall take all other preparatory
steps, including the partial or full mobilization of civil defense
forces in advance of actual disaster, as may be necessary to the prompt
and effective operation of the city emergency management [services]
plan in time of a civil defense emergency. He may, from time to time,
conduct such civil defense exercises as he may deem necessary.
(e) The director shall utilize the personnel, services, equipment,
supplies and facilities of existing departments and agencies of the
city to the maximum extent practicable. The officers and personnel of
all such departments and agencies shall, to the maximum extent
practicable, cooperate with and extend such services and facilities to
the local emergency management [servicesl agency and to the governor
upon request. The head of each department and agency, in cooperation
with and under the directions ofl the director, shall be responsible
for the planning and programming of such civil defense activities as
will involve the utilization of the facilities of his agency or
department.
(f) The director shall, in cooperation with existing city
departments and agencies affected, organize, recruit and train
[auxiliary Rglice emergency medical ,personnel, andl any lother
personnel that may be required on a volunteer basis to carry on the
emergency management [services] plans of the city and the state. To
the extent that such emergency personnel is recruited to augment a
regular city department or agency for civil defense emergencies, it
shall be assigned to such department or agency for purposes of
administration and command. The director may dismiss any civil defense
volunteer at any time and require him to surrender any equipment and
identification furnished by the city.
(g) Consistent with the emergency management [services] plan, the
director shall provide plans and develop resources necessary to make
available Fequi emergency hospitals, casualty stations, ambulances,]
canteens, evacuation centers, and other facilities, or conveyances for
the care of injured or homeless persons.
(h) The director shall carry out all orders, rules and regulations
issued by the governor with reference to civil defense.
(i) The director shall rdirect and] coordinate the general
operations of all local emergency management Iservicesl forces during a
civil defense emergency in conformity with controlling regulations and
instruction of state civil defense authorities. rThe heads of
departments and agencies shall pg governed gy }his orders Ln respect
thereto.]
(j) Consistent with the emergency management Iservicesl plan, the
director shall provide and equip at some suitable place in the city a
control center and, if required by the state civil defense plan, an
auxiliary control center to be used during a civil defense emergency as
headquarters for [direction and] coordination of emergency services
forces. He shall arrange for representation at the control center by
municipal departments and agencies, public utilities and other agencies
authorized by federal or state authority to carry on civil defense
activities during a civil defense emergency. He shall arrange for the
installation at the control center of necessary facilities for
communication with and between heads of civil defense divisions, the
stations and operating units of municipal services and other agencies
concerned with emergency management Iservicesl and for communication
with other communities and control centers within the surrounding area
and with the federal and state agencies concerned.
(k) During the first thirty (30) days of a civil defense
emergency, if the legislature is in session or the governor had coupled
his declaration of the emergency with a call for a special session of
the legislature, the director may, when necessary to save life or
property, require any person, except members of the federal or state
military forces and officers of the state or any other political
subdivision, to perform services for civil defense purposes as he
directs, and he may commandeer, for the time being, any motor vehicle,
tools, appliances or any other property, subject to the owners's right
to just compensation as provided by law. (Ord. No. 378, S 601.040,
10- 17 -74; Ord. No. 565, S 1, 2- 27 -84)
Sec. 11 -5. Workers and volunteers; compensation; oath; identifying
insignia; carrying firearms; applicability of city
personnel procedures.
(a) No person shall be employed or associated in any capacity in
the emergency management Iservicesl agency who advocates or had
advocated a change by force or violence in the constitutional form of
government of the United States or in this state or the overthrow of
any government in the United States by force or violence, or who has
been convicted of or is under indictment for information charging any
subversive act against the United States. Each person who is appointed
to serve in the emergency services agency shall, before entering upon
his duties, take an oath in writing before a person authorized to
administer oaths in this state, or before any officer of the state
department of civil defense or the director. The oath shall be
substantially in the form prescribed by Minnesota Statutes, Section
12.43, and reads as follows:
"I , do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and
the Constitution of the State of Minnesota against all enemies;
foreign or domestic; that I will bear true faith and allegiance to
the same, that I take this obligation freely, without any mental
reservation of purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to enter.
And I do further swear (or affirm) that I do not advocate, nor am
I a member of any political party or organization that advocates
the overthrow of the Government of the United States or of this
state by force or violence; and that during such time as I am a
member of the City of Maplewood, Minnesota, civil defense agency,'
I will not advocate nor become a member of any political party or
organization that advocates the overthrow of the Government of the
United States, or of this state, by force or violence."
(b) Emergency management Lservices] volunteers shall be called
into service only in case of a civil defense emergency or a natural
disaster for which the regular municipal forces are inadequate or for
necessary training and preparation for such emergencies. All
volunteers shall serve without compensation.
(c) Emergency management (services] volunteers shall be provided
with such suitable insignia or other identification as may be required
by the director. Such identification shall be in the form and style
approved by the federal government. No volunteer shall exercise any
authority over the persons or property of others without his
identification. No person, except authorized volunteers, shall use the
identification of a volunteer or otherwise represent himself to be an
authorized volunteer.
(d) No emergency management [services] volunteer shall carry any
firearm while on duty, except on written order of the chief of police
department.
(e) Personnel procedures of the city applicable to regular
employees shall not apply to volunteer emergency management [services]
workers, but shall apply to paid employees of the emergency management
(services] agency. (Ord. No. 378, S 601.050, 10- 17 -74; Ord. No. 565, S
1, 2- 27 -84)
State law reference -- Similar provisions to subsection (a), M.S. S
12.43.
Sec. 11 -6. Emergency regulations.
(a) Wherever necessary to meet a civil defense emergency or to
prepare for such an emergency for which adequate regulations have not
ben adopted by the governor or the city council, the mayor may by
proclamation promulgate regulations, consistent with applicable federal
or state law or regulation respecting: Protection against air raids;
the sounding of air -raid alarms; the conduct of persons and the use of
property during alarms; the repair, maintenance and safeguarding of
essential public services; emergency health, fire and safety
regulations; trial drills or practice periods required for preliminary
training; and all other matters which are required to protect public
safety, health and welfare in civil defense emergencies. No regulation
governing observation of enemy aircraft, air attack, alarms or
illumination during air attacks shall be adopted or take effect unless
approved by the state director of civil defense.
(b) Every proclamation of emergency regulations shall be in
writing and signed by the mayor, shall be dated, shall refer to the
particular civil defense emergency to which it pertains, if so limited,
and shall be filed in the office of the city clerk, where a copy shall
be kept posted and available for public inspection during business
hours. Notice of the existence of such regulation and its availability
of reinspection at the clerk's office shall be conspicuously posted at
the from of the city hall or other headquarters of the city and at such
other places in the affected area as the mayor shall designate in the
proclamation. Thereupon the regulation shall take effect immediately
or at such later time as may be specified in the proclamation. By like
proclamation, the mayor may modify or rescind any such regulation.
(c) The city council may rescind any such regulation by
resolution at any time. If not sooner rescinded, every such regulation
shall expire at the end of three (3) days after its effective date or
at the end of the civil defense emergency to which it relates,
whichever occurs first. Any ordinance, rule or regulation inconsistent
with an emergency regulation promulgated by the mayor shall be
suspended
that such
Burin the period of time and to the extent
9 p
conflict exists.
(d) During a civil defense emergency, the city is, notwithstanding
any statutory provision to the contrary, empowered, through its
governing body acting within or without the corporate limits of the
city, to enter into contracts and incur obligations necessary to combat
such disaster by protecting the health and safety of persons and
property, and providing emergency assistance to the victims of such
disaster. The city may exercise such powers in the light of the
exigencies of the disaster without compliance with time consuming
procedures and formalities, prescribed by law pertaining to the
performance of public work, entering into contracts, incurring of
obligations, employment of temporary workers, rental of equipment,
purchase of supplies and materials, limitations upon tax to,
publication of ordinances and resolutions, publication of calls for
bids, provision of civil service laws and rules, provisions relating to
low bids, requirements for budgets. (Ord. No. 378, S 601.060, 10- 17 -74)
State law reference - -Local emergencies, M.S. s 12.29.
Sec. 11 -7. Fiscal matters; reports.
(a) There is hereby established an account in the general fund to
be known as the emergency management [services] account. Into this
account shall be placed the proceeds of taxes levied for civil defense,
money transferred from other funds, gifts and other revenues of the
emergency management [services] agency. From it shall be made
expenditures for the operation and maintenance of the emergency
management Lservices] agency and other civil defense expenditures.
(b) The director shall, as soon as possible after the end of each
fiscal year, prepare and present to the city council for the
information of the council and the public, a comprehensive report of
the activities of the emergency management (services] agency during the
year. (Ord. No. 378, S 601.070, 10- 17 -74; Ord. No. 565, S I 2- 27 -84)
Sec. 11 -8. intergovernmental cooperation; supremacy of controlling
federal and state law; deputizing of federal or state
officers as special policemen.
(a) Every officer and agency of the city shall cooperate with
federal and state authorities and with authorized agencies engaged in
civil defense and emergency measures to the fullest possible extent
consistent with the performance of their other duties.
(b) The provisions of this chapter and of all regulations made
thereunder shall be subject to all applicable and controlling provision
of federal and state laws and of regulations and orders issued
thereunder and shall be deemed to be suspended and inoperative so far
as there is any conflict therewith.
(c) The city chief of police may appoint any qualified person
holding a position in any agency created under federal or state
authority for civil defense purposes as a special policeman of the
city, with such police powers and duties within the city incident to
the functions of his position, not exceeding those of a regular
policeman of the city as may be prescribed in the appointment. Every
such special policeman shall b subject to the supervision and control
of the chief of police and such other police officers of the city as
the chief may designate. (Ord. No. 378, S 601.080, 10- 17 -84)
State law reference - -State policy that civil defense functions be
coordinated amongst and between governments, M.S. S 12.02, subd. 2.
Sec. 11 -9. Governmental immunity; nonliability of workers and
volunteers; exceptions.
All functions hereunder and all other activities relating to
emergency management (services] are hereby declared to be governmental
functions. The city, and except in cases of willful misconduct, its
officers, agents, employees or representatives engaged in any emergency
management (servicesl activities, while complying with or attempting to
comply with the Minnesota civil defense act of 1951, Minnesota
Statutes, Chapter 12, or with this chapter or any rule, regulation or
order made thereunder, shall not be liable for the death of or injury
to persons, or damage to property as a result of such activity. The
provisions of this section shall not affect the right of any person to
receive benefits to which he would otherwise be entitled under this
chapter or under the workmen's compensation law, or under any pension
law, nor the right of any such person to receive any benefits or
compensation under any act of Congress. (Ord. No. 378, S 601.090,
10- 17 -74; Ord. No. 565, S 1, 2- 27 -84)
Sec. 11 -10. Prohibited illumination a nuisance.
Any illumination within the city contrary to the provisions of
this chapter or any other ordinance Pertaining to emergency management
Lservices] or of any regulation adopted thereunder or of any federal or
state law, regulation or order shall be deemed a public nuisance. Any
regular (or auxiliary) policeman may abate such nuisance summarily or
may take any other action necessary to enforce such provisions,
including entry on private property and the use of whatever reasonable
force is necessary. (Ord. No. 378, S 601.100, 10- 17 -74; Ord. No. 565,
S I 2- 27 -84)
Sec. 11 -11. Political activities.
The emergency management [services] agency shall not participate
in any form of political activity nor shall it be employed directly or
indirectly for political purposes, nor shall it be employed in a
legitimate labor dispute. (Ord. No. 378, S 601.110, 10- 17 -74; Ord.
No. 565, S 1, 2- 27 -84)
State law reference -- Similar provisions, M.S. S 12.44.
Sec. 11 -12. Penalty for violations of chapter.
Any person who violates any provision of this chapter or of any
regulation adopted thereunder relating to acts, omissions or conduct,
other than official acts of the city officers or employees, shall be
guilty of a misdemeanor. (Ord. No. 378, S 601.120, 10- 17 -74)
State law reference -- Penalty for violation of Minnesota civil
defense act of 1951, M.S. S 12.45.
EMERGENCY SERVICES
The function of Emergency Services is often misunderstood by the public
and frequently by the jurisdictions that actively support and /or
directs it's operation. For that reason, we would take this
opportunity to define the roll and responsibilities of this office as
applicable to this city.
The function of Emergency Services may be divided into three major
categories:
Preplanning
As with any provider of a product, whether hard goods or services,
commercial or governmental, a regular and necessary activity is that of
planning. Capitol equipment purchases, budgeting, expansion of
services and so on are all planned to maximize the expected benefit
from capital invested.
Relating this to Emergency Services, one of the primary responsibili-
ties of this office is to develop plans and to identify resources to be
utilized in time of emergency.
The first step in this process is to identify the potential hazards to
the city, then to prioritize them in terms of the likelihood that such
an event would take place. Even though we have had an earthquake in
Minnesota, little, if any, time would be spent planning for another
one. A tornado however is a much more viable event and would therefore
be at, or near, the top of the priority list.
Preplanning may be defined in five general statements. For purposes of
clarity, additional examples and /or comments are added.
1. Provide information to the public to allow maximum self-
protection.
Distribution of published pamphlets provided by federal and
state agencies.
Surveys of businesses, schools and nursing homes, providing
information on emergency procedures and shelter areas and
assisting in the development of their plan.
Publish articles in local newspapers and other print media.
Develop and distribute posters and /or other appropriate
materials.
Sponsor training sessions such as First Aid, CPR, Skywarn, 4X4,
radiological and warning siren monitoring.
Actively participate in programs such as Tornado Awareness
Week, and Maplewood Awareness Days.
Develop and give presentations to a variety of organizations
such as schools, nursing homes, city departments, fire
departments, day care, etc.
2. Develop methods to warn the public of impending danger.
Outdoor Warning Sirens. Within the past year this office has
had major involvement in the selection and local installation
of the new radio controlled warning system. This new system
will enable us to selectively activate warning sirens in
specific geographic locations. The old system did not provide
this flexibility.
Local radio and television. We are currently working with the
Cable Commission to provide access to specific channels to
disseminate warning messages. In addition we have provided
television news interviews in a number of situations.
Promote the purchase of weather alert monitors. In each of our
presentations, the purchase of weather alert monitors is
consistently stressed. It is also stressed to have an
effective shelter plan in place for employees and the public.
In the event of a long term event, such as a developing winter
storm, the print media.
Door to door and public address. In the event of an emergency
involving a specific area these methods would be employed.
3. Define and develop the resources within the city, and to
establish access to resources outside of the city.
[Due to the complexity of this area,
only the highlights will be noted.]
Establish lists of personnel and equipment within the city.
Through mutual aid agreements and agreements of understanding,
develop lists of support equipment available when ours is fully
utilized.
Real time assistance from other Metro Emergency Services
Directors.
Through the State Duty Officer access to the:
(partial listing)
Environmental Pollution Agency
Dept. of Natural Resources
National Guard
Hazmat truck
Dept of Health
Regional Director
Poison Control Center which, in addition to poisons, also
provides information on chemicals in the event of chemical
spills.
4. Work with city departments and businesses to develop individual
plans and procedures to be activated in time of emergency.
Over the past several years this office has worked with various
departments, as requested, to assist them in developing plans
to provide for the continuance of necessary city emergency
functions.
Regularly test written plans to insure their workability and to
correct deficiencies.
We work with businesses, schools, nursing homes, day care
centers, mobile home parks, etc. on a continuing basis to
review and update plans.
Two major plans for the city exist today. The first is
formatted per state and federal guidelines. This plan is
reviewed annually and is required by federal and state agencies
to maintain eligibility for federal funding support.
The second plan consists of several subplans addressing
specific potential hazards to the city. These plans are based
on past experiences within our city and in real time emergency
assistance to other communities. With our past experiences and
training, we have developed plans needed in an emergency.
5. Develop communications nets that will effectively meet our needs
in an emergency.
The police and fire radio network located in City Hall is the
primary net for the city. However, it has been demonstrated
that in time of emergency primary nets will become overloaded
quickly. There is a need therefore for secondary means of
communication for the non - emergency traffic. For that reason
Emergency Services applied for and received a separate channel
from the FCC for such traffic.
Over the years we have purchased radio equipment supplemented
with donated used equipment. A base station has been developed
in the EOC area with the capability of communicating on the
primary fire and police channels should they be lost and to
provide a base for the Maplewood Emergency Services net. In
addition, the equipment provides direct communication with
Ramsey County and other area Emergency Services organizations.
This Emergency Services net is used frequently by our
volunteers in Skywarn, 4X4 and other units.
Arrangements have been made with Ramsey County to provide
assistance as needed to supplement our operation.
In addition, contacts have been established with amateur radio
clubs to provide a communications net in an emergency. To
provide the necessary support for this communication net, the
Director and Deputy Director are actively studying to become
licensed amateur radio operators.
While the above steps are simplistic in appearance, each requires
significant effort to put in place a viable and useful operational plan
with appropriate support personnel training, and equipment.
SITUATION
A common misconception is that during an emergency, Emergency Services
takes over and directs the activities of the various departments in
city government. This preconceived fear not only creates turf problems
during the planning stages, but during an emergency situation it can
have a significant negative impact on the overall effectiveness of all
concerned. There is no logical reason for Emergency Services personnel
to preempt the expertise of police, fire, public works, or any other
department in the city.
We are fully cognizant of the existing ordinance that specifies the
function of this department in an emergency. Perhaps at the time of
writing it was appropriate, however it's validity today is question-
able.
For that reason we are currently reviewing the existing city ordinance
as it relates to the function and responsibility of Emergency Services
during an emergency, and will recommend changes to the Mayor, City
Council and City Manager.
The function of Emergency Services is to preplan for a variety of
emergencies, then assist the individual disciplines in developing
theirs.
During an actual situation 'it is our responsibility to:
1. Work with the various departments to coordinate their efforts with
other departments or agencies.
2. Provide experts to assist the first responder in the identification
and /or size up of the incident, particularly in the case of a
chemical situation, and to assist in the development of the
protocol.
3. Assist in evacuation planning and execution, and to arrange for
transportation, food, and shelters.
4. Provide an on -site communication /command post capable of handling
on -site communication traffic, and provide an operational base for
incident commanders.
5. Keep the Mayor, City Council and City Manager fully appraised of the
situation as it develops and to recommend courses of action in areas
such as emergency declaration, securing national guard assistance,
contracting with private agencies, etc..
6. Solicit assistance of area Emergency Services Directors.
7. Disseminate information to the public and the media.
S. Maintain appropriate logs for:potential expenditure recovery.
9. Make appropriate notifications to State agencies as required by law.
It is recognized that a brief period of time will be needed to
establish the size and location of the disaster and to appropriately
respond to it. A well developed plan is intended to minimize this time
frame.
Many of the activities of recovery are the continuation of actions
initiated during the actual emergency.
This is the period of time, usually 2 to three days following a major
disaster, when the reconstruction process begins.
Considerations at this time include but are not limited to:
1. Determine state and federal assistance programs, such as low cost
loans.
2. Consolidate records of expenditures, resources consumed, payroll
expenditures, equipment repairs, mutual aid resource incurred
costs, damage to public property, etc. for submittal to state and
federal agencies for reimbursement.
3. Assessment of damages and surveying of affected areas can take
several hours or days depending on the severity of the disaster.
Plans have been developed to put the damage assessment teams in
action immediately following a disaster.
4. To provide for religious and psychological support for victims.
SUMMARY
It is recognized that Maplewood is unique, particularly in it's
configuration. In severe weather such as tornadoes, Maplewood presents
a significant exposure to storms out of the southwest.
In addition to weather, the city also has three major Interstates
adjacent to or bisecting the city, plus two railroads. These
commercial arteries are always subject to a major transportation
accident. We recognize that we have no control or knowledge of the
materials, many assuredly extremely hazardous, that pass through our
city daily. Our best defense is to plan, train and equip to
effectively meet the need should it arise. For that purpose the Office
of Emergency Services develops a variety of programs to mitigate
potential disasters.
In other communities, the responsibility of Emergency Services is
shared by another department or an individual with other city related
duties. In most cases there is a loss of continuity, lack of time to
develop effective programs and Emergency Services becomes just a lip
service to getting federal funding. To be effective, Emergency
Services must be a standalone organization with people dedicated to
it's purpose and not the subject of irresponsible power plays and
politics.