HomeMy WebLinkAbout02/13/2008
AGENDA
MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY
WEDNESDAY, February 13, 2008
7:00 P.M.
CITY HALL, CITY COUNCIL CHAMBERS
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes:
a. November 14, 2007 Meeting
5. Communications
6. Unfinished Business
. Continue Review and Discussion on the 2006 International Property Maintenance Code
(IPMC) clarification of Chapters 4 through 7 and Chapter 12 of City Code
. Discuss draft of IPMC
- NOTE: Please bring your copies of the 2006 IPMC and Chapter 12 of the
Maplewood City Code that was provided with your 10/10/07 information packet
7. New Business
.2008 Comprehensive Plan Update - Process and Responsibilities
8. Date of Next Meeting
. March 12, 2008
9. Adjournment
DRAFT
MINUTES OF THE MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY
1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA
WEDNESDAY, NOVEMBER 14, 2007
CITY COUNCIL CHAMBERS
I. CALL TO ORDER
Chairperson Pearson called the rneeting to order at 7:00 p.rn.
II. ROLL CALL
Cornrnissioner Rita Andreoli
Cornrnissioner Jeffrey Jarnes
Chairperson Gary Pearson
Cornrnissioner Joy Tkachuck
Vice-Chairperson Beth Ulrich
Absent
Present
Present
Present
Present
Staff Present: Michael Sarnuelson, Code Enforcernent Officer
III. APPROVAL OF AGENDA
Cornrnissioner Tkachuck rnoved to approve the agenda as arnended, adding under 5. -
Communications "Website Update for Code Enforcernent Division", and adding under 7. - New
Business "Letter to the City Council".
Cornrnissioner Ulrich seconded.
The rnotion carried.
Ayes - all
IV. APPROVAL OF MINUTES
a. Septernber 12, 2007
Cornrnissioner Pearson rnoved approval of the Septernber 12, 2007 rninutes as presented.
,
Cornrnissioner Tkachuck seconded
Ayes - Pearson, Tkachuck, Jarnes
Abstentions - Ulrich
The rnotion passed.
b. October 10, 2007
Cornmissioner Ulrich rnoved approval of the October 10, 2007 rninutes as presented.
Cornrnissioner Pearson seconded
The rnotion passed.
Ayes - all
V. COMMUNICATIONS
. Report on Code Enforcernent
Michael Sarnuelson presented the staff report. Mr. Sarnuelson updated the cornrnission on
code enforcernent statistics of service for Septernber and October of 2007.
Housing and Redevelopment Authority -2-
Minutes of 11-14-07
. Website Updates for Code Enforcernent Division
Mr. Sarnuelson updated the cornrnission on the city's website page on code enforcernent
inforrnation and website requests for service.
Cornrnissioner Tkachuck asked Mr. Sarnuelson if the nurnbers for code enforcernent website
contacts are reflected in his rnonthly statistics. Mr. Sarnuelson responded that those nurnbers
are included in the nurnber of new cases opened, but that they were not included in requests
for service.
Comrnissioner Tkachuck also asked staff what constitutes a case as being officially closed. Mr.
Sarnuelson said it is considered closed ideally when one of three levels of cornpliance is
reached. Mr. Sarnuelson further explained the three levels of code cornpliance.
Cornrnissioner Pearson asked if it would be possible for Mr. Sarnuelson to categorize the code
enforcernent statistics by neighborhoods, sirnilar to the report systern used by the police
departrnent. Mr. Sarnuelson responded that should be possible by the first of next year when
the new cornputer database systern is cornpleted.
VI. UNFINISHED BUSINESS
. Continue Review and Discussion on the 2006 International Property Maintenance Code (IPMC)
and Chapter 12 of City Code.
Mr. Sarnuelson presented the staff report explaining the review of Chapter 12 of the
Maplewood housing rnaintenance code. Mr. Sarnuelson said that the review of Chapter 12 of
city code is cornpleted and recornrnended adoption by the cornrnission. Mr. Sarnuelson
reviewed the code requirernents and conditions of Chapters 4, 5, 6 and 7 with the
cornrnissioners and explained the proposed changes.'
Mr. Sarnuelson reviewed Chapter 4 with the cornrnission. He said the inspection departrnent is
reviewing the light, ventilation and occupancy Iirnitations chapter, but that both he and the
building official are recornrnending adoption of this chapter with possibly sorne rninor changes.
Cornrnissioner Pearson suggested the adoption of occupancy Iirnits rnay increase the
inspection load of building inspectors and questioned whether this is a better process than
having a stated density. Mr. Sarnuelson responded that the housing code is more detailed as to
the amount of space required per person. He said the housing code along with the IMPC,
which provides a formula of per-foot "healthy" space for a specific number of persons to reside,
will both be used.
Mr. Samuelson said the building inspection department is also reviewing Chapter 5 on
plumbing facilities and fixture requirements and Chapter 6 on mechanical and safety
requirements. He said that both he and the building official are recommending that the basics
of these chapters of the code be adopted as they exist with possibly some minor changes. Mr.
Samuelson noted the temperature requirement for hot water will be changed to require a lower
temperature.
Mr. Samuelson noted that the Fire Marshal has reviewed and recommended adoption of
Chapter 7 on fire codes. Mr. Samuelson said he and the building official have also
Housing and Redevelopment Authority -3-
Minutes of 11-14-07
recommended approval of Chapter 7. Commissioner Pearson suggested that a code relating to
carbon monoxide might be added to the fire code at this time.
The commissioners asked Mr. Samuelson questions on code issues and also requested
further information regarding the requirements of carbon monoxide detectors and smoke
detectors.
Mr. Samuelson explained that when all of the code review is completed, it will be submitted to
the commission with changes proposed in ordinance form for approval and recommendation to
the city council.
VII. NEW BUSINESS
. Review of Draft Excessive Consumption of City Services Fee Ordinance
Mr. Samuelson presented the report explaining the proposed ordinance amendment to allow
re-inspection fees to attempt to recapture some of the expenses from those using excessive
city services.
Commissioner Pearson said that in talking with city staff, it appears that the name of this
ordinance amendment may change. Staff concurred.
The commissioners compared similar ordinances from the cities of Eagan, Minneapolis and
St. Paul.
Commissioner Ulrich moved the housing and redevelopment authority recommend to the city
council approval of the code amendment adding language to the city code about excessive
consumption of city services.
Commissioner James seconded
The motion passed.
Ayes - all
. Letter'to City Council to Provide and Maintain Staffing Budget
The commission reviewed their draft letter to the city council requesting the replacement of
clerical staff support for Mr. Samuelson in order to continue the tempo of his work load.
Commissioner Tkachuck moved the housing and redevelopment authority approve the letter
to city council requesting they provide clerical staff support for the code enforcement division
to maintain the current work load of the code enforcement officer.
Commissioner Ulrich seconded
The motion passed.
Ayes - all
Housing and Redevelopment Authority -4-
Minutes of 11-14-07
VIII. DATE OF NEXT MEETING
. Commissioner Pearson reported the building official, David Fisher, has requested that the
December meeting date be cancelled to allow him additional time to complete research on
information he will be presenting to the commission and to reschedule that meeting to January
9, 2008. The commission agreed to the January 9, 2008 meeting date.
IX. ADJOURNMENT
The meeting was adjourned at 8:15 p.m.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
David Fisher, Building Official
Clarification of 2006 IPMC Chapters 4 through 7
December 31, 2007
INTRODUCTION
As part of getting ready for the January 9, 2008, HRA meeting, I watched the
DVD of the November 14,2007, HRA meeting. During the meeting Michael
SamuElfson, Code Enforcement Officer was unsure of a few code items. I put a
list together of these items for discussion and clarification.
DISCUSSION
The unfinished list of items for your discussion of the 2006 International Property
Maintenance Code (IPMC) includes doing a clarification of Chapters 4 through 7
and Chapter 12 of City Codes. The following is a list of items staff noted as
needing clarification from the last HRA meeting:
- City of Maplewood has not adopted the International Housing Code.
- The State Building Code and the International Building Code has square
footage requirements for occupant loads. Also the City of Maplewood Zoning
Code Chapter 44-6 states: Family means one of the following, living together
as a single housekeeping unit:
(1) An individual or a group of persons not to exceed five, who are not related
by blood, marriage, foster children, or adoption;
,
(2) Two persons related by blood, marriage, foster children, or
adoption and not more than three unrelated persons; or
(3) Three or more persons related by blood, marriage, foster
children, or adoption and not more than two unrelated persons.
- Habitable space has also been defined in the UBC, IRC and
IBC building codes for years.
- Ceiling heights have been defined by the UBC, IBC & IRC
building codes.
- Window guards are only required for new construction at this
time.
- Hot water temperature in the existing City of Maplewood code
is 165 degrees while the Minnesota State Plumbing Code and
the International Mechanical Code require 140 degrees.
- The State of Minnesota has adopted the 2005 National
Electrical Code.
-The State Energy Code and the International Mechanical Code
require the 68-degree temperature to be met throughout the
year measured 3 feet from the floor.
-Lights - NEC would require hard-wired lights.
- Staff is checking into the copyrights from ICC and the cost to
the city.
RECOMMENDATION
Recommend that the HRA accept the clarifications from staff.
P:DaveHRAClarifacationJan2008
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
David Fisher, Building Official
Draft of Adopting by Reference 2006 International Property
Maintenance Code (IPMC)
December 31, 2007
INTRODUCTION
During the September 12,2007, October 10, 2007 and November 14,2007, HRA
meetings the HRA discussed the 2006 International Property Maintenance Code
and tne City Code. Please find enclosed a rough draft by reference of the 2006
IPMC.
DISCUSSION
City staff researched the property maintenance codes of several other cities,
including Roseville, White Bear, Woodbury and Oakdale and found they have
adopted the International Property Maintenance Code. During the October 10,
2007 and November 14, 2007, HRA meetings, the HRA discussed the 2006
International Property Maintenance Code and the City Code. The 2006
International Property Maintenance Code has been reviewed by the HRA and I
request any changes they may have before staff brings it to the City Council.
RECOMMENDATION
City staff recommends that the HRA reviews the entire revised International
Property Maintenance Code at the February HRA meeting for possible use in the
City of Maplewood.
P:DaveHRAIMPCHRAJan2008
Chapter 12
BUILDINGS AND BUILDING REGULATIONS'
Article I. In General
Sec. 12-1.Street accessibility and certificate of occupancy requirements; exceptions.
Sec. 12-2.0utlots.
Sec. 12 3 Fenees.
Sec. 12-4 Disconnection of gas appliances or piping in violation
Sec. 12-5. Applicability of other sections of Code.
Sec. 12-6.Metal storage buildings.
Sec. 12-7.Exterior completion.
Sec. 12-8Verification of lot lines.
Secs. 12-9
12-35. Reserved.
Sec. 12-36.Application, administration and enforce
Sec. 12-37.Permits and fees.
Sec. 12-38Violations and penalties.
Sec. 12-40.Certificate of occupancy.
Secs. 12-41
12-65. Reserved.
Sec. 12-66.Permit required.
Sec. 12-67.Permit applicatio
Sec. 12-68.Plan reviewauth
Sec. 12-69.Submittal evaluation.
Secs. 12-7
12-95.
See. 12101. Light and ventilation.
See. 12 105. Fire safety standards.
Sec. 12 106. Mainten3nce responsibilitios.
'State law references State building code, Minn. Stats. S 16.83 seq.; municipal building officials,
Minn. Stats. S 16.861; authority of city council to regulatethe construction
of buildings, Minn. Stats. S 412.221, subd. 28.
D12:1
MAPLEWOOD CODE
Sec. 12 1 Q7. Rooming houses.
See. 12 108. Vacant E1.....ellin!ls.
Sec. 12 109. Access by o.....nor or ol3orator.
Sec. 1211Q. Complianco ordors.
Soc. 12 111. Variancos.
Sec. 12 112. Violations.
Sees. 12 113
12111. Rosorvod.
Soc. 12 112. Shorttitle.
Soc. 12 113. Purpose.
See. 12 111. Applieaeility and scope.
Soc. 12 1113. . R~les of construction.
Sec. 12 1113. Definitions.
Soc. 12117. Extorior property areas.
Soc. 12 118. EJHerior of structures.
Enfereemont officer.
Sec. 121133. Inspoctions.
Soc. 12 151. C9m131ianco ordor.
Sec. 12155. Vmi3nco.
Soc. 12 1513. Violations.
Secs. 12-157
12-181. Reserved.
;rIONAL PROPERTY MAINTENANCE CODE
ood ado tin the 2006 edition of the International Pro ert
ernin the conditions and maintenance of all ro ert build in s
rds for su lied utilities and facilities and other h sica I thin sand
ructures are safe sanitar and fit for occu ation and use' and the
tures unfit for human occu anc and use and the demolition of such
a lewood' rovidin for the issuance of ermits and collection of fees
o. ???? of the Cit of Ma lewood and all other ordinances and
arts of the ordinance lict therewith.
The City of Maplewood does ordain as follows:
Section 1. That a certain document. three (3) copies of which are on file in the office of the City Clerk of
Citv of Maplewood KEEPER OF RECORDS of City of Maplewood. beino marked and desionated as
the International Prooertv Maintenance Code. 2006 edition. as published bv the International Code
Council. be and is herebv adopted as the Propertv Maintenance Code of the Maplewood, in the State of
Minnesota for reoulatino and oovernino the conditions and maintenance of all property. buildinos and
structures: bv providino the standards for supplied utilities and facilities and other phvsical thinos and
conditions essential to ensure that structures are safe. sanitary and fit for occupation and use: and the
condemnation of buildinos and structures unfit for human occupancv and use. and the demolition of such
existinq structures as herein provided: providino for the issuance of permits and collection of fees
therefore: and each and all of the reoulations. provisions. penalties. conditions and terms of said Property
Maintenance Code on file in the office of the City of Maplewood are hereby referred to. adopted. and
made a part hereof. as if fullv set out in this ordinance. with the additions. insertions. deletions and
chanoes. if anv. prescribed in Section 2 of this ordinance.
Section 2. The following sections
Maplewood:
in
ode National Electrical
Section 202 Definitions added -
Functioning means the ability of a
facility or equipment in a struc
the manufacturer or builder desi. n
Infestation means the pre
noxious insects, rodents, verrnl
of property.and equipment in a
la
machi
similarly s
lines.
ean water heating facilities, water pipes, gas
, waste pipes, sinks, installed dishwashers,
s, shower baths, installed clothes-washing
t, catch basins, drains, vents, stacks or other
with all connections to water, gas, sewer or vent
Premises means a I
I of land which includes a rental residential building.
Professional-like means in a safe, working condition that meets the standards of
the associated trade or industry or is in the originally intended condition.
Reasonable care means the treatment of all facilities, fixtures, equipment and structural
elements such that depreciation of these objects and other materials is due to their age
and normal wear through use, rather than due to abuse, misuse or neglect.
Refuse means waste materials, except garbage, such rubbish as paper, rags,
cardboard, boxes, cans, metal, yard clippings or trimmings and tree branches. The city
shall also consider waste wood, rubber, leather, glass, brick, plaster, sheetrock,
bedding, crockery and similar materials as refuse.
Repair means the reconstruction or renewal of any part of a building or its utilities, facilities
or equipment.
Rental residential building means any building or portion of a
or leased for residential purposes.
Rodent harborage means a place where rodents ar
make their habitat.
Section 302.4. 8 HEIGHT IN INCHES
Section 304.14.April15 to September 15
Section 304.3.Premises identification shall be a mini
Section 602.3. September to Mav
Section 602.4. Insert; September to May
Section 3. That Ordinance No. ?? C
ion, sentence, clause or phrase of this ordinance is, for any
ision shall not affect the validity of the remaining portions of
declares that it would have passed this ordinance, and
irrespective of the fact that anyone or more sections,
lared unconstitutional.
ance or Property Maintenance Code hereby adopted shall be
eding impending in any court, or any rights acquired, or liability
action acquired or existing, under any act or ordinance hereby
ordinance; nor shall any just or legal right or remedy of any
y this ordinance.
Section 6. That
ordinance to be publ
ordinance is to be publis
may also be required.)
Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters
established and adopted hereby shall
aplewood City Clerk is hereby ordered and directed to cause this
n additional provision may be required to direct the number of times the
and to specify that it is to be in a newspaper in general circulation. Posting
ARTICLE IV. REiNT!\L HOUSING MAINTEN!'.NCE
CODE PROPERTYMAINTENCE CODE
Sec. 12-96. Purpose and ooals.
1
2
4
5 Provide minimum standards for the
to prevent deterioration and blioht.
Sec. 12-97. A
Clean means the aBsence of dirt, gre3se, filth, refuse, rUBBish, garbage, insects, vermin, junk, abandoned
vehicles, dangerous or offensive odors or other unsightly, offensive er extraneeus maller.
Commen ar.Q3S means tho halls, corriElors, passagew3Ys, utility amI r-eer-eillienal rooms ana exterior
landsc3ped 3re3S 3nd yards in or around a ron131 r-esidential Building.
Doadbolt lock means a locking Bolt which a por.son mO'/es by kneb, handlo or other similar E1evice on the
inlorior siEle of 3 door. 1\ person must also be able to lock the aeadBelt leek fr-em the exterior. Such a bolt
sRall Ra"e a m' .
. . Inlmum wojosf
WltR a miniFllum thick Ion of one inch. The e' , .
two no. 8 size SGFeWSnoss of 0.062 inch (1.5 mFll). ~~:~~~~:Ss~~31 strik-e pl310s for 311loekin!l S ,,'
","II;", ""' ~, . · --..... ,.... ""'. m ~"~
"""', '""''"' ;.:.::.,;:: t' ".,,"'" """''''' '00' . . .'m_ '"
Enfor-semont officor mea ;h l3r-evlslons for Ii':ing, SI~ePin:~~~~~~ 1I~lngkfacilitios fer one or mor-e
. . m; C city manager or his mllR . ' 00 mg and wnitation.
. .... orlzcd represont31i'/o.
climinrnion mothod.
cookin!l eF G .... .
onsurnpllon of food.
profossion31lii<e eonElitie
n.
siFllilaFly suppliod fixt ' .
liRe& ures, togolhor '....ith all . ' ,
. connections to '''alar
.. ,93&,
SO'A'or or vent
Pr-emises mea
RS a lot or parcel of lanEl which' I
P f .. me use
ro essional liI(e FAeans in S a r-ental residontial building
the 3ssoci31eEltr-ade er indUs!; :~:i~~~rking GonElition that meets the sta EI .
e orlgmally intended . . nards of
consllIen.
Reasonable safe means tRe tr-eatment ef all facilitios, fixtures, equipment and structur31
eloments sueR that E1opreciation of those objects 3na etRer materials is duo to their a!le
anEl normal wear through use, rather than due 10 3Buse, misuse or neglect.
RefUGe means waste materials, m(Cept garbage, sueR rUBbish as paper, rags,
cardBoarEl, boxos, mns, motal, yard clippings or trimmin!ls and troo branches. Tho city
bedding, crockery and similar materials as refuse.
or equipment.
or leaseEl for rosidenti31 purposes.
mallo their habil3t.
accidents or diso3se.
including p::lthogens.
drivoways, slops and walkways which may croalo a hazara.
(d) Removal of noxious weeds. Tho yard shall be fr-oe fr-om noxioLls weeds and mil grass
as ro(JuireEl in soetion 18 31 (8).
(e) Insects 3nd redents. The owner sh311 OJooFminDlo all noxious insEJels, reElents, vermin
or other pests that are musing a nuisance.
(f) I\ccessory structures. All 3GCOSSOry structures, includin!l E10tached garages, fences,
signs and ret3ining w3l1s, sh311 be structurally sound and in gooEl repair. Tho owner sholl
protect all 3ccessory structures, fenees, signs and retainin!l walls against the
olements and decoy by non lead based paint or other appropriate I3roteGtive eoverings.
(g) P3rkin!l lots anEl E1rivew3YS. 1'.11 l3arking lots 3nEl E1rive'Nays shall be paved and kept
Sec. 12 1 QO. Exteriors of structures.
mtting boarEls or time
interior of tho dwellin!l.
Iil<e condition.
have !luar.ar-ails as required by the building code.
(c) 'l'.'inElows, doors and h3lchways. Every window, oxterior door anEl hatchway shall
be ti!lht and kept in profossion31 like condition as fellO'.vs:
(1) Every OJlterior winElo'N, E100r and hatchway shall Be in I3rofessional like condition
and lit tightly within its fr.omo.
(2) Every window shGII h3ve p3nes which are without open cr3cl\s er 11131136.
(3) Every oper3ble windew, shall:
a. Opon e3sily.
b. Have h3rdwGre tl1al will holEl the '....indow in an opon or closed pesition.
c. Have a RJnelienin!lleel<.
1) Evory exterior door shall:
3. Ol3en easily from the inside 'Nithout a koy.
b. HGve a functiening de3dbolt lock.
,
mesh per inch. (Cede 1982, 3 9 (5)
Sec. 12 101. Interier ef strlletllres.
and have ne eviElenco of deteriemtion.
vormin or other pests.
(g) Interior '....alls, floors, coilings and '....oodwork. 1\11 intorior walls, floors, coilings and
3ssoci3teEl VlooEl_rll er trim sh311 be in a profossion311ike eenElition. Theso sllrfGees
sh311 be eloGn GnEl free ef !lraffiti. Floors sh311 be free ef leese, '::arl3eEl, I3rotruding,
rippoEl or rotten materials anEl coverill!ls. 1\11 walls and ceilings shall be free of holes,
laF!le cracks and loose plaster and in 3 tight weatherproof condition.
3MAPLEWOOD CODE
See. 12 102. Basie kleilities.
in section 12 107:
3. A I~nctioning I<ilchen sinl<.
provide tho stove anEl FOlriger3tor.
dogrees and a maximum of 165 dO!lFOes.
(6) Heating systom. Every rental residential building shall ha'le an approvod and
lunctionin!l he3tin!l systom. This systom shall saloly he3t 311 h3bitaele rooms,
Bathrooms and toilot rooms in the buildin!l. TAis system must provide a tomporaturo
consistent with st3te and federal guidelinos at three leet above the floor when
OeG~l3ieEl. TAe eily shall not consider gas or electric appliances desi!lneGll3rimarily fer
cool<ing or water hoating purposes as heating facilities. The eity I3rohibits tho uso of
portaBle heating oquipmont which uses flame 3nd liquiEl fuol as hooting oquipmont for
this subsection. ~Jo owner or occupant sh311 install or "SO a space heator using a flame
which is not vonted to the outside of the struet"Fe. This venting shall only bo done with city
appro'la!.
See. 12 103. Mointonanco.
equipmont.
condition.
. .,
(f) Ventilatien ana Ii!lht in bathroom. Evory b3threom and room with a toilet shall hG'lO at
le3st one el3onablo winEle'N or on al3pro'lea ventilation syslom.
t
See. 12 1 013. ~ire safoty stanElarEls.
(3) Exclusion of rent31 building from storing flamm3ble liEl"iEl. ~Je rontal awelling unit or
rooming unit shall Be located within a building eentaining any business h3ndling,
dispensin!l er storing flammable liquids with a fl::lShl3oint of 100 degrees F3hrenheit. This is
deflneEl BY the Uniform Building Code (UBC) 3ml the Uniform Fire Code (UFC).
(Il) Smelle alarms. There shall be approved, function311isted smoke alarms in all rental
residential buildings and roominghouses as required by state law.
Sec. 12 106. Maintenance respensieilities.
\l6e;-
Gi'Oas on the prerT)ises.
opemtion. (Code 1982, 3 9 101)
Sec. 12 109. Access by owner or opemtor.
Every oeeul3ant ef rental housin!l shall !live the ewner or operaler er his a!lent or
eml3leyee access to any part of such E1welling unit, roomin!l unit or its premises. This
access is to be at reasen3ble times, fer effeetin!l inspection and maintenanee, making
sueh repairs, or making changes to follO'ov this article.
Sec. 12 110. Coml3lianee orders.
(a) Who never the enforcemont officer E10termines that any dwelling, dwellin!l ~nit
or moming unit or the premises surrounding any of these fails to FRoet the req~ir-emenls
of Ihis article, he mGY issue a compliance order. This order shall state the violations of the
article and or-der tho o'....ner, occupGnt or oper3tor 10 eerreGt such '/iolations. This
compliance order sh311:
(1) Be in writing.
appoal recourse.
G.. Served upo~ hi(Tl personally;
b. Sent by mail to his I3st known address; or
or certified copy of the notice to the OIJ'lner.
Sec. 12 111. Variances.
"
"
m3intenGnce of exterior areas of owner oCGupieEl housing, as well as inlorior areas of attached o'llner
oec~l3ied d'....ellings. The general objec!i'/eG shall be to:
(1) Proloct the characlor and stability of residential properties '..Athin the city.
(2) Correct and provent housing conditions that adver-eely affect or are likely to
ad'/ersely affect the lifo, stlfoly, general welfGre and health, includin!lthe phyeieal,
mental and social '."Iell being of persons occullYing cI\'.'OlIings \'.~thin the eity.
(3) Previde minimum dandards fer the mainten3nee ef exiding residenti31 buildings
3nd I3Hlvenl delerior-alion and bligR!,
Sec. 12 144. Applicability 3nd scope. This 3rtiele shall apply to exterior 3reas ef
article and the building and zoning codes.(
shall apply:
.
z<Jning code.
common dictionary definitions shall apply.
Sec. 12 11@. Definitions.
The fellowin!l '!lorGs, terms a
differ-ent _aning:
ns aIJI3FOVod By
owner of such premises.
EJllermination means the eontrol 3nd elirninalien of redenls or other peds by
elirninaling their h3rbor3ge places; by removing or making inaceessible materials that
may servo oc their foed; by f:loison spr3yin!l, fumigating, trapping; or by another
recognized 3nd legal pest elimination mothod.
Owner means the owner of the freeholEl ef the premises or lessor est31e therein.
Promises means 3 lot, plot or p3rcel of 13nd ineluding the building or struelur-es thorBon.
Workmanlike means the standards of the tr3de or industry
in"ol"ed (
. . .
Sec. 12 147. Exterior property arD3S.
(::lj Sanilillion. .I'll eJoorior prol3orly areas
sh311 be
g3r!:Ja!le.
noxious or aelrimenl3lto the public health.
See. 12 148. Exterior of structurDs.
maintonance and repair.
of the public and does not constitute a l3ublic nuisance. Any such dwelling open ill
dOOr€; ana '....indo'Ns, if ungu3rded, shall be deemed to bo a hazan:l to the health, safety
and welfare of the public and a publie nuisance within tho mmning of this 3rticle. Upon
failure of the ownor to comply, tho city FRay havo such dwolling made sClfe and socur€
and 3SS0SS the eost to the owner.
Sec. 12 151. Haz3rdous building declaration.
If an owner oee~pied dwollin!l h3s !:leen deelaFed ~Flfit fer human habitation 3nd the
owner has not romediod tho dofects '....ithin a prescribed r-oason3ble time, the
dwolling may bo decl3red 3 h3Zardous building and tr-eatod eOFlsictonl with slate law.
Soc. 12 152. Enfmcement officer. It sh311 be the duty of the enforcomont officer to onferce this article. (
occupied dwollin!l or the premo
erder selling forth tho violation of this 3
such violation.:This compli3nce order sh311:
(1) Bo in writing.
appe31 r-oeOUFGo.
such go/mor if a eopy thereof is:
a. Served ~pon him pOFGonally;
Sees. 12-157
MEMORANDUM
TO:
FROM:
Acting City Manager
Tom Ekstrand, Senior Planner
Ken Roberts, Planner
Comprehensive Plan Update - Process and Responsibilities
January 24, 2008
SUBJECT:
DATE:
INTRODUCTION
The city is starting the process of updating the Comprehensive Plan as required by the
Metropolitan Council. To help start the update, city planning and engineering staff have met and
worked with several of the city's consultants to prepare a process and program to begin the
preparation of the final phases of the plan update. This work plan and process, when the city
finishes it, should give Maplewood a completed and updated Comprehensive Plan to guide the
city for the next 10-20 years. This memo is to help explain the plan update process and the
responsibilities of many of the various groups that we expect to be involved with the plan
update.
BACKGROUND
On September 10,2007, the city council approved a recommendation to begin the Parks, Trails
and Open Space portion of the Comprehensive Plan with the firm of Schoell Madson, along with
beginning an update of the nine components of the overall Comprehensive Plan. Schoell
Madson was the firm selected through a competitive process to prepare the Comprehensive
Land Use Study as part of the South Maplewood Moratorium process.
On January 28, 2007, the city council was to consider proposals from city consultants for their
preparation of updates to several parts of the comprehensive plan. This work would include
updates to the land use plan, the transportation plan, the sanitary sewer plan, the completion of
a natural area and greenway plan and a surface water management plan. (Please see the
attached agenda report starting on page four from the Acting City Manager for more information
about these proposed contracts.)
DISCUSSION
Proposal Review
The process for preparation of a Comprehensive Plan needs to begin with the growth and
development assumptions before the city makes the final determinations for the other
components. For example, it is not appropriate to complete the work of the Parks, Trails and
Open Space or Transportation component without the knowledge from the growth component of
the Land Use study. Each of these components must work in unison. A cooperative effort with
city staff, MFRA, SEH and KHA, along with extensive input from the city's boards and
commissions, will provide for the best Comprehensive Plan. Staff is proposing that the work be
done in phases to allow checkpoints and updates as necessary and to meet the June 2008
completion date required by the Metropolitan Council.
Approval Process
On September 10, 2007, the City Council established a multi-commission-community task force
to help study parks, trails and open spaces (PTOS) in Maplewood. This task force includes
members of the Park Commission, Environment and Natural Resources Commission, Historic
Preservation Commission, the planning commission and several Maplewood residents. The
task force now has 28 members. The PTOS Advisory Panel [formerly the Task Force] would
"advise" and make recommendations mainly to the Environmental and Natural Resources
Commission, the Parks Commission and the Planning Commission. State statute requires that
the Planning Commission hold a Public Hearing on the Comprehensive Plan update, and by city
ordinance, the Planning Commission's mission should be to implement the goals and findings of
the Comprehensive Plan.
We have prepared a flow chart that shows the members of the consultant team and staff team
working on this process. (Please see the chart on page nine.) This chart is to help establish the
lines of communication and to identify the responsible liaison. Thus, staff recommends that the
city adopt the flow chart that establishes the various liaisons and process for approval, along
with expectations for management of the plan update process.
Staff prepared the attached chart with the following assumptions/expectations:
1. The PTOS Advisory Panel will review and make recommendations to the various
Commissions with respect to Parks, Trails and Open Space in the city while considering
broader topics. We have attached on page ten a summary and proposed schedule of
the topic areas for the PTOS.
2. Each of the Commissions will make their own findings and recommendations on their
specifiC area of responsibility. For example, the ENR (Environment and Natural
Resources) will be working mainly on the Natural Resources Plan and Stonm Water
Management Plans, but coordination will be through the PTOS and Planning
Commission liaisons.
3. Recommendations from the PTOS Advisory Panel and the various Commissions wil.1 be
forwarded to the Planning Commission for their consideration. The planning commission
will hold at least one Public Hearing on the Comprehensive Plan update. The Planning
Commission will then forward their recommendation, along with the recommendations of
the PTOS Advisory Panel and the other Commissions, to the City Council for final
consideration and approval.
4. Staff will provide the City Council, the Commissions and other interested parties a
monthly summary of progress on the plan update and about issues related to the
Comprehensive Plan update process.
5. City staff expects members from the PTOS Advisory Panel and the various
Commissions to attend or provide representatives to the Public Open Houses. In
addition, they may be asked to make presentations to other Commissions on their
overall perspective to help guide each Commission in their final recommendations to the
Planning Commission and City Council.
2
6. It is possible that there will be divergent opinions and recommendations from the
differing perspectives and Commissions. City staff is encouraging the consideration of
all views and perspectives during this process. City staff and consultants will assemble
all the information for the plan update for the City Council's consideration and will make
a professional recommendation for the Council to consider. The staff also will provide
the council the recommendations of the Commissions and Advisory Panel.
7. It is the goal of staff to complete this process by the end of June 2008. This would allow
for a six- month neighboring Community review to be completed before the city makes
the final submittal of the plan update to the Metropolitan Council. The finished plan
update is due to the Metropolitan Council by the end of 2008. The six-month review
process is a suggestion by the Metropolitan Council, but may be shortened if the
neighboring jurisdictions agree to take less time with the city's plan. This is an
aggressive schedule, but for now staff is proposing that the city follow it. The
Metropolitan Council has not yet provided staff with any methods for requesting an
extension on their due date.
It is important to note that this is an aggressive schedule with high expectations for everyone
involved - city staff, the consultants, the boards and commissions (especially the planning
commission) and the city council. City staff is expecting that this update will require the
planning commission to dedicate much to time (and possibly extra meetings) to the
process. However, staff anticipates that this process will provide the city the best planning
document for Maplewood to meet the needs of the city for the next 10-20 years.
RECOMMENDATION
Please review all the attached materials and be prepared to discuss the process for and the
responsibilities for updating the Maplewood Comprehensive Plan.
Attachments:
1. January 23, 2008 staff report from Chuck Ahl
2. Flow Chart of Communications and Responsibilities for Comprehensive Planning Process
3. Draft PTOS Topic Areas and Schedule
3
Attachment 1
AGENDA REPORT
DATE:
City Council
Charles Ahl, Acting City Manager
Tom Ekstrand, Senior Planner
DuWayne Konekwo, Deputy Director of Public Works
Comprehensive Plan Updates, Consider Contract Amendments with
McCombs Frank, Roos and Assoc., Kimley-Horn Associates, SEH, Inc.
and Applied Ecological Services, Inc. for Updates to all Chapters of
Comprehensive Plan
January 23, 2008
TO:
FROM:
SUBJECT:
INTRODUCTION
At the September 10, 2007 meeting, the City Council approved retaining consultant services for
preparation of the first phase of the Comprehensive Plan. Planning and engineering staff have
worked with a number of the consultants and have prepared a program to begin the preparation of the
final phases of the overall work. This work plan should result in a completed and updated
Comprehensive Plan that guides the City for the next 10-20 years. Authorization of the Professional
Services for these consultants is recommended.
Background
On September 10th, the Council approved a recommendation to begin the Parks, Trails and Open
Space portion of the Comprehensive Plan with the firm of Schoell Madson, along with beginning an
update of the nine components of the overall Comprehensive Plan. Schoell Madson was the firm
selected through a competitive process to prepare the Comprehensive Land Use Study as part of the
South Maplewood Moratorium process. The firm of Schoell Madson no longer exists. The firm was
purchased and merged with McCombs Frank Roos (MFRA) in November 2007 [see attached notice
memo from November 2007]. A majority of the employees who worked with Schoell Madson
transferred to MFRA. The Council authorized $21,830 of work with Schoell Madson that transferred
to MFRA as part of the merger. The Council also authorized $9,800 of work with Kimley Horn
Associates (KHA) for the Transportation Component of the Comprehensive Plan. There are no
changes proposed to the Transportation work by KHA.
City planning and engineering staff met with MFRA representatives, KHA representatives, and with a
representative from SEH, the firm that prepares the Non-Degradation Study of our storm drainage
system, to coordinate the overall project scope and to avoid duplication of services. Planning and
Engineering staff did not consider returning to a full competitive solicitation process for these services
due to work that is on-going. The reasons include the background information that Schoell Madson
has with the South Maplewood Study that will be a large component of the Comprehensive Planning
and the major background information that KHA has from the 2003 study work that they have
completed. Additionally, KHA is currently an active member of the City's consultant pool and assisted
staff in the preparation of the Sewer Study Component of the Comprehensive Plan in 2003 in
consultation with SEH. Each of these proCl\lsses looked at a competitive solicitation of firms for the
studies. Because this is a professional service, the competitive selection is not governed by the low
bid requirements but nevertheless involves selection of the most effective professionals involved in
the overall process and the competitive nature of the pool provides for the lowest cost overall plan.
Given each of the firms current involvement in on-going work, it does not appear appropriate, nor is it
recommended by the staff, that the process be stopped and opened for a competitive selection
process.
4
Comprehensive Plan
Page Two
Proposal Review
The process for preparation of a Comprehensive Plan needs to begin with the growth and
development assumptions prior to the final determinations within the other components. For example,
it is not appropriate to complete the work of the Parks, Trails and Open Space or Transportation
component without the knowledge from the growth component of the Land Use study. Each of these
components must work in unison. A cooperative effort with MFRA, SEH and KHA will provide for the
best Comprehensive Plan. Work is proposed in phases to allow check points and updates as
necessary and to still meet the June 2008 completion date required by the Metropolitan Council.
Attached are proposals for completing the work:
1. MFRA: MFRA, with Rose Lorsung as the lead individual, is proposed to be the lead firm on
completion of our Comprehensive Plan. Services are estimated to be $83,699, of which
$21,830 have already been authorized. The work scope includes 8 meetings of the Parks,
Trails and Open Space (PTOS) Advisory Panel during the next 5 months, along with regular
meetings of the staff - consultant Technical Committee. We are propOSing that MFRA assist
staff in preparing a monthly progress update as well as conducting 2 City-wide Open House
forums for additional input. The divisions of the work are as follows:
a. Phase I, authorized in 2007, Land-Use: $ 8,020
b. Phase I, authorized in 2007, PTOS $13,810
c. Phase II, new work, Land-Use: $51,099
d. Phase II, new work, PTOS $10,770
e. TOTAL MFRA Contract $83,699
2. KHA: Kimley Horn Associates, with Jon Horn as the lead individual, is proposed to complete
the Transportation and Sanitary Sewer Components of our Plan along with providing
Significant assistance in the guidance of our Trails updated work plan that coordinates with our
Transportation and PTOS Plan. The new work by KHA will involve coordinating the 2003
Sewer Comp Plan with this version of the plan and to prepare the Capital Improvement
Summary. KHA's work is: .
a. Phase I, authorized in 2007, Transportation Section
b. Comp Sewer Plan, new work
c. TOTAL KHA Contract
$ 9,800
$10.600
$20,400
3. AES: Applied Ecological Services, Inc. is proposed to assist with completion of our natural
areas and greenway plan. This is a part of previous Comprehensive Plans that was never
completed. With the Community desire to be an environmentally-friendly/green community, an
inventory of the natural areas and greenway systems is needed in order to prepare protection
plans along with planning for restoration and management of these resources. This is a
necessary section to be added to the overall Comprehensive Plan. The work for AES is:
a. Greenway Plan, new work $20,300
4. SEH: SEH is our lead consultant for our storm water program, including last year's Non-
degradation Plan, with Ron Leaf as the lead individual. The Non-Degradation Plan provided
specific guidance for the City in meeting our NPDES Storm Water Permit requirements along
with achieving a Surface Water Pollution Prevention Plan (SWPPP). The SEH work required
by our Non-Degradation Plan and SWPPP to be included in our Comprehensive Plan is:
a. Surface Water Management Plan, new work $65,000
5
Comprehensive Plan
Page Three
5. Total Consultant Work to complete Comprehensive Plan:
a. MFRA:
b. KHA:
c. AES:
d. SEH:
e. TOTAL Consultant Contracts
f. Previously Authorized in Phase I
g. New work for 2008:
Budget Impact
The funding for this work was included as line items in the 2008 budget.
Funding for Phase I was approved as follows:
$83,699
$20,400
$20,300
$65.000
$189,399
$ 31.630
$157,769
. $8,020 to be funded from City Planning budget [101-701-000-4490]
. $13,810 to be funded from Park Dedication fees [PAC fund 403]
. $9,800 to be funded from Public Works Administration [101-501-000-4490]
The new work is proposed as follows:
. $51,099 [MFRA Land Use]; Planning Budget [101-702-4490]; ($89,190 budgeted)
. $10,770 [MFRA PTOS]; Park Availability Fund [403]; (Balance +$1.1 million)
. $10,600 [KHA Sewer Plan]; San Sewer Fund [601-508-4490; ($85,000 budgeted)
. $20,300 [AES Natural Res. Plan]; PAC Fund [403]; (Balance +$1.1 million)
. $65,000 [SEH Surf Water Plan]; EUF Fund [604-512-4490]; ($65,000 budgeted)'
, - Includes a $45,000 carryover from 2007 consultant costs
- EUF fund balance is awaiting $150,000 monthly payment from Utility Fee
- Expenditures will occur such that a positive balance should exist each month
- Finance Manager is working on establishing fund balance information
Approval Process
On September 10, 2007, the City Council established a multi-commission-community task force,
including members appointed by the Park Commission, Environment and Natural Resources
Commission, Historic Preservation Commission and a number of Maplewood residents. The
membership of the Task Force is currently at 28 members. Staff is suggesting that the Council define
the expectations and authority of the Task Force and that this Task Force should be considered the
Parks Trails and Open Space Advisory Panel. We have prepared a flow chart that the members of
the Consultant Team and staff team working on this process are recommending to the City Council to
help establish the lines of communication and responsible liaison members. The PTOS Advisory
Panel [formerly the Task Force] would "advise" and make recommendations mainly to the
Environmental and Natural Resources Commission, the Parks Commission and the Planning
Commission. State statute requires that the Planning Commission hold a Public Hearing on the
Comprehensive Plan update, and by city ordinance, the Planning Commission's mission should be to
implement the goals and findings of the Comprehensive Plan. Thus, staff recommends that the city
adopt this flow chart and establishes the various liaisons and process for approval, along with
expectations for management of the approval process.
6
Comprehensive Plan
Page Four
Approval Process (cont.)
The attached chart then brings along the following assumptions/expectations:
1. The PTOS Advisory Panel will review and make recommendations to the various
Commissions with respect to Parks, Trails and Open Space in the city while considering
broader topics. Attached is a summary and proposed schedule of the Topic Areas.
2. Each of the Commissions will make their own findings and recommendations on their specific
area of responsibility. For example, the ENR will be working mainly on the Natural Resources
Plan and Storm Water Management Plans, but coordination will be through the PTOS and
Planning Commission liaisons.
3. Recommendations from the PTOS Advisory Panel and the various Commissions will be
forwarded to the Planning Commission for their consideration. The planning commission will
hold at least one Public Hearing on the Comprehensive Plan update. The Planning
Commission will then forward their recommendation, along with the recommendations of the
PTOS Advisory Panel and the other Commissions, to the City Council for final consideration
and approval.
4. Staff will provide the City Council, the Commissions and other interested parties a monthly
summary of progress on the plan update and about issues related to the Comprehensive Plan
process.
5. City staff expects members from the PTOS Advisory Panel and the various Commissions to
attend or provide representatives to the Public Open Houses. In addition, they may be asked
to make presentations to other Commissions on their overall perspective to help guide each
Commission in their final recommendations to the Planning Commission and City Council.
6. It is possible that there will be divergent opinions and recommendations from the differing
perspectives and Commissions. City staff is encouraging the consideration of all views and
perspectives during this process. City staff and consultants will assemble all the information
for the plan update for the City Council's consideration and will make a professional
recommendation for the Council to consider. The staff also will provide the council the
recommendations of the Commissions and Advisory Panel.
7. It is the goal of staff to complete this process by the end of June 2008. This would allow for a
six- month neighboring Community review to be completed before the city makes the final
submittal of the plan update to the Metropolitan Council. The finished plan update is due to the
Metropolitan Council by the end of 2008. The six-month review process is a suggestion by the
Metropolitan Council, but may be shortened if the neighboring jurisdictions agree to take less
time with the city's plan. This is an aggressive schedule, but for now staff is proposing that the
city follow it. The Metropolitan Council has not yet provided staff with any methods for
requesting an extension on their due date.
We anticipate this process will provide the city the best planning document for Maplewood to meet
the needs of the city for the next 1 0-20 years. .
7
Comprehensive Plan
Page Five
RECOMMENDATION
It is recommended that the City Council authorize the Acting City Manager to retain the following
consulting finms for completion of the Comprehensive Plan as noted:
1. Retain McCombs Frank Roos Associates (MFRA) at a cost of $83,699 to prepare the Parks,
Trails and Open Space and Land Use Component of the Comprehensive Plan. An amount of
$21,830 has been previously authorized to Schoell Madson, who has merged with MFRA.
Funding shall be from the 2008 Planning Budget in the amount of $51,099 and $10,770 from
the Park Availability Fund (Fund 403).
2. Retain Kimley-Hom (KHA) in the amount of $10,600 to complete the Sewer Component of the
Comprehensive Plan. Funding shall be from the Sewer Fund [601-508-000-4490]. An amount
of $9,800 has previously been authorized to KHA.
3. Retain Applied Ecological Services, Inc. (AES) in the amount of $20,300 from the Park
Availability Fund (fund 403) for preparation of the Natural Resources Greenway Plan.
4. Retain SEH, Inc. in the amount of $65,000 from the Environmental Utility Fund (Fund 604) for
preparation of the Storm Water Management Plan.
5. Adopt the proposed Flow of Communications and Responsibilities for Comprehensive
Planning Process chart as proposed by City staff establishing the process and expectations of
the Parks Trail and Open Space Advisory Panel and of the Commissions in the
Comprehensive Planning Process.
Attachments:
1. Flow Chart of Communications and Responsibilities for Comprehensive Planning Process
2. PTOS Topic Areas and Schedule
8
Attachment 2
Row of
Cormu1ication and
Responsibilities
for CcnlJrehensive
Planning Process
Oty
Council
cm.~OF .llL4PLE1YOOD
2030
COMPREHENSIVE PIAN
Staff Uaisons: Chuck
Ahl, Tom Ekstrand,
and Ken Roberts
t
t
Staff Uaisons:
Tom Ekstrand
and ChuckAH,7
Staff Uaison:
Tom Ekstrand
...-.
Staff Uaison: ':&~
1'i' '
Dave Rsher
Staff Uaison:
Sham Rnwall
Staff Uaisons:
lJEMey Kof1e\l\ko
and Gmy Gaynor
1
I
Staff Uaisons:
Sham Rnwall and
Gmy Gaynor
\
,
Staff Uaisons:
lJEMey Kof1e\l\ko
and Gmy Gaynor
9
Attachment 3
;,-
(7iDS
Topic Areas & Schedule (DRAFT)
The following topic areas will be covered in upcoming meetings. Each meeting will build on
information in previous meetings. This is DRAFT list of topic areas, and each may be modified
based on information provided at the direction of the commissions.
The objective is for the group is to work in advisory capacity to review and make recommendations
to the commissions with respect to Parks, Trails and Open Space in the community while
considering broader topics. Guest speakers will be asked to attend meetings for specific topic
areas (i.e. natural resources and transportation). Open Houses will also be held to gather public
input, and it will be important for members to attend those meetings.
;j
.. Please Note we will be changing meetings to Thursdays for the remainder of the project.
Jan 16th Goals, Process Summary and Update Work
~
Feb'28th Natural Resources and Conservation Principles
Mar 13th Natural Resources, Water Resources and Conservation Principles
Mar 28th South Mapfewood and Natural Resources
\
Apr 10th Land Use and the Parks System
Apr 24th Transportation and Trails System
May 8th Wrap-up: Chapter Review and Summary
May 22nd Wrap-up: Additional Wrap Up (as needed)
:~
:?-
10