HomeMy WebLinkAbout1991 07-22 City Council PacketAGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 22, 1991
Council Chambers, Municipal Building
Meeting No. 91 -14
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF MINUTES
Meeting No. 91 -13- (July 08, 1991)
E. APPROVAL OF AGENDA
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council
and will be enacted by one motion. There will be no separate discussion on these items.
If a member of the City Council wishes to discuss an item, that item will be removed
from the Consent Agenda and will be considered separately.
1.Approval of Claims
2.Employee Assistant Program
3.Conway Ave. No Parking Resolution
4.Budget Transfer - Sanitary Sewer Fund
G. PUBLIC HEARINGS
1.7:00 p.m., 2276 White Bear Ave. (Flemings Auto Service)
Conditional Use Permit Revisions
CDRB Appeal
2.7:30 p.m., Zoning Map Changes: Gall Ave. & Co. Rd. D (4 Votes)
3.7:40 p.m., Conditional Use Permit: Beam Ave. (County Library)
H. AWARD OF BIDS
1.Beam Avenue, Project 88 -1
2.Conway Avenue, Project 91 -03
3.1991 Bituminous Overlay
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1.Presentation of 1992 Proposed Budget
2.Holloway Avenue: Change in Approved Plans
3.White Bear Ave: Larpenteur to Frost Project 89 -12, Schedule Public Hearing
4.Appointment of Open Space Committee Members
5.Proposed 1991 -1992 A.F.S.C.M.E. Contract Settlement
K. VISITOR PRESENTATIONS
L. COUNCIL PRESENTATIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
M. ADMINISTRATIVE PRESENTATIONS
N. ADJOURNMENT
Action by Coun ::
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 8, 1991
Council Chambers, Munici Building modifiec....-
Meeting No. 91 -13 Re j ecte - - - -
Date
A. CALL- TO ORDER
A regular meetin of the City Council of Maplewood, Minnesota was held in the Council
g • :00 P.M. b MaChambers, Municipal Building, and was called to order at 7 y or Bastian. y
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Gary W.Bastian,Mayor Present
Dale H.Carlson,Councilmember Present
Frances L. Juker,Councilmember Present
George F. Rossbach, Councilmember Present
Joseph A. Zappa,Councilmember Present
D. APPROVAL OF MINUTES
to Council /Planning Commission Meeting June 18 1991
Councilmember Zappa moved to approve the minutes of the Council /Planni Commissipp
on
Meeting of June 18, 1991 as presented.
Seconded by Councilmember Carlson Ayes - Mayor Bast i an ,
Councilmembers Carlson,
Rossbach, Zappa
Nays - None
Abstain - Councilmember Juker
2, Meeting No. 91 -12 (June 24, 1991)
Councilmember Zappa moved to approve the minutes of Meeting No. 91 -12 (June 24,
1991) as corrected.
Page 9, Item I.1.e: Add Councilmember Zappa to Aye votes.
Seconded by Councilmember Carlson Ayes - all
E. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Agenda as amended:
L -1.Tree Trimming Ordinance
L -2.Auctioneers Fees
L -3.Willard Munger Trail
L-4.HAZMAT
L -5.Mayors Update
L -6.PUD
L -7.Maplewood Historical Figures
L -8.Park Ranger
M -2.Council /Manager Meeting
Seconded by Councilmember Zappa Ayes - all
1 7 -8 -91
EA. PRESENTATION
1. Ann Fitch, R /WCSCC
a. Mayor Bastian presented a plaque to Ann Fitch commending her for her dedication
during 10 years of service on the Cable Commission.
F. CONSENT AGENDA
Council member Rossbach moved, seconded by Council member Juker; ayes - all , to approve the
Consent Agenda Items 1 thru 8 as recommended:
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 829,667.02
227,488.51
1,057,155.53
PAYROLL: $ 190
374910.96
228
1,285,941.30
Checks #22540 - #22625
Dated 06 -12 -91 thru 06 -28 -91
Checks #14003 - #14119
Dated 07 -08 -91
Total per attached voucher /check
register
Payroll Checks dated 06 -21 -91
Payroll Deductions dated 06 -21 -91
Total Payroll
GRAND TOTAL
2. Conway Avenue Project 91 -03, Approve Plans, Authorize Bids
Resolution 91 - 7 - 79
RESOLUTION APPROVING PLANS
AND
ADVERTISING FOR BIDS
WHEREAS, plans and specifications for Conway Avenue, T.H. 120 to
McKnight Road - Bituminous Resurfacing and Miscellaneous Repairs, Project 91-
03, have been prepared by (or under the direction of) the City Engineer, who
has presented such plans and specifications to the Council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached
hereto and made a part hereof, are hereby approved and ordered
placed on file i n the office of the City Clerk.
2, The City Clerk shall prepare and cause to be inserted in the
official paper and in the Construction Bulletin an advertisement
for bids upon the making of such improvement under such approved
plans and specifications. The advertisement shall be published
twice, at least ten days before the date set for bid opening,
shall specify the work to be done, shall state that bids on the
19th day of July, 1991, at the City Hall and that no bids shall
be considered unless sealed and filed with the Clerk and
accompanied by a certified check or bid bond, payable to the
2 7 -8 -91
City of Maplewood, Minnesota for five percent of the amount of
such bid.
3. The City Clerk and City Engineer are hereby authorized and
instructed to receive, open, and read aloud bids received at the
time and place herein noted, and to tabulate the bids received.
The Council w i l l consider the bids, and the award of a contract,
at the regular City Council meeting of July 22, 19910
4. Municipal Aid funding of $249,500 is hereby appropriated
for this project.
3. Fund Transfer - Project 90 -07
Authorized transfer of $20 from the Harvest Park expansion fund (403-
814- 324 -4710) to Project 90 -07 to pay for completion of the Barclay cul -de-
sac north from Sextant Avenue to meet the conditions of a previously
negotiated exchange of land for park purposes.
4o Final Plata Crestview Forest Sixth Addition
Approved the Marvin Anderson Construction Company's 30 -lot Crestview Forestp
Sixth Addition final plat south of Mailand Road at Crestview Forest Drive.
5. Budget Transfers Grass and Weed Cutting
Approved a budget transfer of $500 from the Contingency Account to Account
101- 704 -4480 to pay for grass and weed cutting on private lots where owners
have refused to comply with City orders for cutting. The costs wi_11 be
assessed to the properties.
6. Budget Transfer: Community Development Clerical
Approved a budget transfer of $2,398 from the Contingency Account to Account
101 - 701 -4020 to pay for additional part -time clerical hours in the Community
Development Department.
7. Housing Deferred Loan Program
Approved the following Resolution:
Resolution 91 - 7 - 80
RESOLUTION REQUESTING THE METROPOLITAN COUNCIL HRA
TO APPLY FOR AND IMPLEMENT A DEFERRED LOAN PROGRAM
WYTHIN THE CITY OF MAPLEWOOD
WHEREAS, the City of Maplewood desires to assist low income homeowners
in making repairs to their homes for the purpose of correcting defects
affecting directly the safety, habitability, energy conservation, or
accessibility of the property; and,
WHEREAS, the Minnesota Housing Finance Agency has funds to be used for
such purposes, and will accept applications from housing and redevelopment
authorities desiring to administer these Deferred Loan Program funds; and,
3 7 -8 -91
the Metropolitan Council has been duly organized pursuant to
WHEREAS, p
powers and
Minnesota Statutes 1976 Section 473.123 and has all of the p
housing and redevelopment authority pursuant to Minnesota
duties of a g
Statutes 1976 473.193, under the provisions of the Munici Housing and
Act Minnesota Statutes 1976, Sections 472.411 and 462.711;Redevelopment ,
THEREF ORE BE IT RESOLVED that the Metropolitan Council is herebyNOW, 9
requested to include the City of Maplewood in an application for State
a
that the City Manager is hereby authorizedDeferredLoanProgramfunds, and y orizedg
to enter into a n y necessa agreement with the Metropolitan Council for
y g
operating the Program within the City.
8. Proclamation - 1991 International Special Olympic Games
Issued the following Proclamation:
1991 INTERNATIONAL SPECIAL OLYMPICS GANES
JULY 19 -27 1991
S the Eighth International Special Olympics Games for athletesWHEREAS, g ° . .
with mental retardation will be held in Minnesota, and
he Eighth InternationalHEREAS, t Special Olympics Games has chosen the
g ! .
theme of "Winning Over the World"; and
WHEREAS, gthisisthelargest sporting event in the world held in 1991
and the largest international multi - sport event ever held in Minnesota; and
WHEREAS plocalmet businesses have shown their support in
funding t h i s eventent so that the general public may attend free of charge; and
WHEREAS, persons with mental retardation and disabilities should be
recognized for their a b i l i t i e s and contributions to the world of sports; and
NOW, THEREFORE9 BE IT RESOLVED, that I, Gary W. Bastian, Mayor of the
City ptofMa lewood do hereby proclaim the week of July 19 -27, 1991, as
1991 INTERNATIONAL SPECIAL OLYMPICS GANES WEEK
od and call upon the citizens to observe 1991 INTERNATIONAL
in Maplewood, p 'ciSPECIALOLYMPICSGANESWEEKbyactivelypromotingandparticipatingg in
activities and events that foster community and world inclusion.
IT RESOLVED that copies of this proclamation be transmitted to
AND, BE 9
pthe1991InternationalSpecial Olympics Games Committee as evidence of our
esteem.
IN W ITNESS WHEREOF I have hereunto set my hand and caused the Great
Seal of the City pofMewood to be affixed this 15th day of April in the
year of our Lord one thousand nine hundred and ninety -one.
G. PUBLIC HEARINGS
NONE
4 7 -8 -91
H. AWARD OF BIDS
1. Repairs to Hazelwood Fire Station
a. Manager McGuire presented the staff report.
b yMayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following was heard:
Steve Luken, District Chief, Hazelwood Station
c. Councilmember Rossbach moved to approve the bid of Schreiber
Construction Co. in the amount of $39,,560 to re air the roof of the
Hazelwood Station roof drains to be installed b S.-A.I. Construction in
the amount of $6,000..---$1.150 to com lete the electrical work and to
authorize a bud et transfer of $46,710 the Continqency Account to
cover the cost of the work.
Seconded by Councilmember Juker Ayes - all
I. UNFINISHED BUSINESS
1. Parking Authorization and Fence Design: T -Birds Sports Bar
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the report
c. Board Member Robinson presented the Community Design Review Board
report.
d. Mayor Bastian asked if anyone wished to speak before the Council regarding this
y
matter. The following were heard:
Rick Zachau, T -Birds
Tom Schuette, representative of Maplewood Square Associates
e. Councilmember Za a moved to approve an additional reduction of 16 spaces in thepp
re uired number of parking s aces for T -Birds S ortsbar at 3035 Whit Bear
Avenue. on the basis that:
a. T- Bird's peak customer time is in the evening when many of the
hops are closed.
b. There have not been any serious parking problems at Maplewood
S uare.
c. There is a reciprocal parking agreement between this shopping
center and the Maplewood Mall.
do The outdoor seating would be a seasonal use, dependant on the
weather.
Seconded by Mayor Bastian Ayes - all
5 7 -8 -91
f. Councilmember Rossbach moved to approve the fence des i qn presented by himself at
the meeting. This fence is similar to the fence at Portland and Arundel. In
addition, the fence must meet the following conditions:
1. Paint or stain the fence to match the brick or the building
facia.
2. Keep the fence painted or stained and in good repair
3. Meet all bui 1 di ng code regui rements for wind loading, exiting
and doorlgate hardware.
Seconded by Councilmember Zappa Ayes - all
2. Code Change: Flood Plain Ordinance (2nd Reading - 4 Votes)
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the following Ordinance and moved its adoption:
ORDINANCE N0. 670
AN ORDINANCE REVISING ARTICLE VIII, FLOOD PLAIN OVERLAY DISTRICT
THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Article VIII of Chapter 36 is amended as follows.
ARTICLE VIII. FLOOD PLAIN OVERLAY DISTRICT
Sec. 36 -496. Authorization, purpose and liability.
a) Authorization. The Minnesota Legislature has, in Minnesota Statutes Chapters
103F and 462, delegated the authority to local governmental units to adopt
regulations designed to. lessen flood losses. Minnesota Statute, Chapter 103F
further stipulates that communities subject to recurrent flooding must
participate and maintain eligibility in the National Flood Insurance Program.
Therefore, the City has adopted this ordinance.
b) Purpose. To lessen potential losses due to periodic flooding, including loss
of life, 1 oss of property, health and safety hazards. Further, i t i s al so to
lessen the disruption of commerce and governmental services, extraordinary public
payments for flood protection and relief, and impairment of the tax base. Within
the meaning of the National Flood Insurance Program, all of these adversely
affect the public health, safety and general welfare.
c) Liability. This ordinance does not imply that areas outside the flood plain
o
districts or land uses permitted within such districts w i l l be free from flooding
or damages. This ordinance shall not create liability on the part of the City
or any officer or employee thereof for any flood damages that result from
reliance on this ordinance or any administrative decisions lawfully made
thereunder.
Sec. 36 -497. General provisions.
a) Adoption of flood insurance rate map. The City hereby adopts the Flood Insurance
Rate Map for the City, dated August 5, 1986, developed by the Federal Emergency
Management Agency. The City adopts this map by reference as the Official Flood
Plain Zoning District Map and makes it a part of this ordinance.
6 7 -8 -91
b) pApplication. This article shall apply to all lands designated as flood plain
within the City.
c) Interpretation. The Director of Community Development shall determine the
boundaries of the flood plain di stri ct . by scaling distances on the official flood
plain zoning district map. Where there is a need for interpretation about the
exact location of the boundaries of the flood plain district, the Director of
Community Development shall make the necessary interpretation. The Director
shall make this interpretation based on the elevations of the regional (100 -year)
flood profile, if available. If 100 -year flood elevations are not available, the
City shall:
1) Require a flood plain evaluation consistent with Sections 36- 499(c)(1)
of this article to determine a 100 -year flood elevation for the site; or
2) Base its decision on available hydraulic /hydrologic or site elevation
survey data.
d) D e f i n i t i o n s . Unless specifically defined below, the words or phrases used in
this article have the same meaning as they have in common usage. A person shall
interpret these words or phrases to give this article its most reasonable
application.
1) Basement: Any area of a structure, including crawl spaces, having its
floor or base subgrade below ground level on all four sides. This is
regardless of the depth of excavation below ground level.
2) Director: The director of community development.
3) Flood Fringe: That.portion of the flood plain outside the floodway.
4) Flood Plain: The channel or beds proper and the areas adjoining a
wetland, watercourse or lake which a regional flood may have or could
hereafter cover. Flood plain areas within the City shall include all
areas shown as Zone A on the flood insurance rate map.
5) Fl oodway: The bed of a wetland or lake and the channel of a watercourse
and those portions of the adjoining flood plain which the regional flood
reasonably requires to carry or store the regional flood discharge.
6) Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, dredged spoil, channel modification,
culvert, building, wire, fence, stockpile, refuse, fill, structure,
stockpile of sand or gravel or other material, or matter in, along,
across or projecting into any channel, watercourse, lake bed or
regulatory flood plain which may impede, retard or change the direction
of flow in itself or by catching or collecting debris carried by
floodwater.
7) Regional Flood: A flood which represents the large floods known to have
occurred in Minnesota. Such a flood is characteristic of what one can
expect to occur on an average of every 100 years. Regional flood is
synonymous with the term "base flood" used in the Flood Insurance Rate
Map.
7 7 -8 -91
8) Regulatory Flood Protection Elevation: The Regulatory Flood Protection
Elevation shall be an elevation no lower than one foot above the
elevation of the regional flood plus any increases in flood elevation
caused by encroachments on the flood plain that result from designation
of a f 1 oodway .
9) Structure: Anything constructed or erected on the ground or attached to
the ground or on -site utilities. This includes, but is not limited to,
buildings, factories, sheds, detached garages, cabins, manufactured
homes or travel trailers /vehicles not meeting the exemption criteria
specified in Section 36- 507(1)(a) of this article and other similar
items.
Sec. 36 -498. Overlay zoning regulations and compliance.
a) Y gOverlayzoning regulations, A flood plain zoning district shall be consideredg
an overlay zoning district to all existing land use regulations of the City. The
City may allow the uses permitted in sections 36 -499 and 36 -500 of this article
only if they are allowed by the underlying zoning district. This article shall
apply in addition to other City regulations and where this article imposes
greater restrictions.
b) Compliance. No person shall use a new structure or land without full compliance
with this article. No person may locate, extend, convert or structurally alter
a structure without full compliance with this article. Within the Floodway and
Flood Fringe, the City prohibits all uses not listed as permitted uses in Section
36 -499. In addition, the following regulations shall apply:
1) New manufactured homes, replacement manufactured homes and certain
travel trailers and travel vehicles are subject to the general
provisions of this article and specifically Sections 36 -499 and 36 -507;
2) The provisions of this article regulate changes, additions, structural
alterations or repair after damage to existing nonconforming structures
and nonconforming uses of structures or land.
3) As stated in Section 36 -502, a person shall use ground surveys to
certify as -built elevations for elevated structures.
Sec. 36 -499. Permitted uses, standards and flood plain evaluation criteria.
a) Permitted Uses. The following uses of land are permitted uses in the flood plain
district:
1) Any non- structural land use which does not obstruct flood flows, such as
gardens, fill, excavation, or storage of materials or equipment.
2) The following activities if they are entirely within the flood fringe:
a. The construction of new structures.
b. The placement or replacement of manufactured homes.
c. Additions to existing structures or obstructions, such as fill or
storage of materials or equipment.
8 7 -8 -91
The uses in Subsections 1 and 2 above shall be subject to the
development standards in Subsection 36- 499(b). They are also subject to
the flood plain evaluation criteria in Section 36- 499(c).
3) Travel trailers and travel vehicles as regulated under Section 36 -507.
b) Standards for Flood Plain Permitted Uses.
1) A person shall compact fill and protect the slopes from erosion by the
appropriate methods. Such methods include the use of containment dikes
or levees, riprap, vegetative cover or other acceptable method. The
Federal Emergency Management Agency (FEMA) has established criteria for
removing the special flood hazard area designation for certain
structures properly elevated on fill above the 100 -year flood elevation .
FEMA's requirements have specific fill compaction and side slope
protection standards for multi- structure or multi -lot developments. A
person should investigate these standards before starting site
preparation if a person wishes to request a change of special flood
hazard area designation.
2) Storage of Materials and Equipment:
a. The City prohibits the storage or processing of materials that
are, in time of flooding, flammable, explosive, or potentially
harmful to human, animal, or plant life.
b. The City may allow the storage of other materials or equipment if
readily removable from the area within the time available after a
flood warning or if placed on fill at or above the Regulatory Flood
Protection Elevation.
3) The City shall not permit uses or activities which w i l l adversely affect
the capacity of the channels or floodways of any tributary to the main
stream, or of any drainage ditch, or any other drainage facility or
system.
4) No person shall construct a structure, including accessory structures,
additions to existing structures and manufactured homes on fill unless
the basement floor, or first floor if there is no basement, is at or
above the Regulatory Flood Protection Elevation. The finished fill
elevation must be no lower than one foot below the Regulatory Flood
Protection Elevation. The finished fill shall extend at such elevation
at least 15 feet beyond the limits of the structure constructed thereon.
5) Al Uses. The City shall not permit uses that do not have vehicular
access at or above an elevation not more than two feet below the
Regulatory Flood Protection Elevation to lands outside the flood plain.
The City may permit such uses if the City Council grants a variance. In
granting a variance, the Council shall specify limitations on the period
of use or occupancy of the use. The City Council must also determine
that adequate flood warning time and local emergency response and
recovery procedures exist before granting such a variance.
9 7 -8 -91
6) Commercial an °d Manufacturing Uses. Ac cessory land uses, such asrailroadtracks, and parking yardsRepkinglotsmaybeatelevationsy '
4
i Regulatory Flood Protection ateons lower thanctionElevation. Howeve the
grant a permit fo r, the Cit shrsuchfacilitiesforuse
y all not
e by the employees or thsystemthatprovides epublicwithoutafloodwarnevacuationiftheregionalf1adequatetimeforoodwouldinundatetheareatoadepththansubjecttheareatofloodhgreaterthantwofeetor
t
four feet per second. Od velocities greater
On -site Sewage Treatmentatment and Water Supply
i
pp y Systems. Where the City as
not provided public utfoil • . l then the owner y
owing conditions: shall conform with
8
a. A person shall n
eliminate design
infiltratio
g
infiltratio
Q
on -site water supply systemsnys to lessen orOffloodwatersintothesystems; and
A person shall design new or replacement on -sittreatmentg
esystemstolessenoreliminat • sewage
stem
a infiltration of floodwatersintothesystemsysanddischargesfromthes •waters. Such systems shall systems intonotbesubjecttoimpairmentduringtimesOfflooding • p torcontamination
determine that any sewage • The City shall
the S s standards to be in
g treatment system des •tats g according tocompliancewiththisSection
The owner of a manufacadsuat tared home must securel •adequately anchored foundation s y anchor et to anandlateralmovsystemthatresistsflotatiomovement. Methods of anchorin n collapselimitedtouseofover- .g may include, but arethe -top or frame ties to not
requirement is in addition t • ground anchors. Thisrequirements. o applicable state or local °for resisting wind force anchoring codeso
c) Flood plain evaluation.
Upon receipt ®f an application forde a ermitvelopmentorsubdivisionp 9 manufactured home arkDirectorapproval_ we th i n the flood 1 p
shat l require the a
plainn district, thehydrologichdrapplicanttofurnishyaulicanalysisbplansandyaqualifiedengineerorhydrareofthedevelopment. This °
specifying the natu
i s analys i s shall also showislocatedinthefloodwafringe
whether the proposed use
y Or floodotectionElevationfor andtheRegulatoryFloodPr
engineer or hydrolo ist the site. The CityMinnes® g shall follow procedureMinnesotaRubes1983Parts s consistent with6120.5600 (Technical SForFloodplainEvaluation) Standards andRequirements
ems ateon) and 6120 (MinimumgntStandardsforLocalOr
F1 ®odplain Management Ordinances). These rocaretobeusedduringthetechnicalevalu • p daresdevelopmentpropos
l nation and review of the
2) The Director shall 'submit one copy ®f allsection36 -499 ( . on required b1informati
Resources' ( ) to the res ect irespective ysourcesAreaHydrologist. ° . .p Department of NaturalTheD° . This es for DNR. alDirectorshallsubmitthisinfreviewandcomment.
permit
ormatinformation at least 20 days bpmetormanufacturedhomeybefore theCitygrantsa
approval. The Director ark development/subdivisionrshallnotifytherespective
ion
within 10-days
p cteve DepartmentHydrologiststwi °fNaturalResourcesArea
after the City rants
a permit or approves manufactured home park development/subdivision, g
10
7 -8 -91
Sec. 367500. Utilities, railroads, roads and bridges,,ridges.
A'11 utilities and transportation facilities, railroad tracks, roads andyes, including raibridges, shall be constructed according to state •g ate flood. plan management standardscontainedinMinnesotaRules1983Parts6120.5000 - 6120.620 0.
Sec. 36 -501. Subdivisions and manufactured homes.
a) No person shall subdivide land or develop or expand a manufact.ured home parkwherethecityCouncilhasdeterminedthesitetobeunsuitable. The CatCouncilshallmakethedeterminationofunsuitabil YCo
uate drainage, lty based on flooding orinadeqrainage, water supply or sewage treatment facilities.Council shall review the subdivision/development
The Cityvision /development proposal. This review is toinsurethateachlotorparcelcontainsenoughareaoutsidegthef1oodwayforfillplacementforelevatingstructures, sewage systems and related activivties.
b) In the Flood Plain District, applicants for 'pp r subd v s on approval or developmentofamanufacturedhomeparkormanufacturedhomearke °
wired in p expansion shall provide theinformationrequired ° Section 36- 499(c)(1). The Director shall rproposedsubdivisionormanufacturedreview thehomeparkdevelopmentinaccordintothestandardsestablishedinthisordinance, g
c) The applicant for a subdivision in the f °flood plan shall clearly label theFloodwayandFloodFringeboundariesonallre •
s. required application documents anddrawings. The applicant shall also show the Regulatory •Flood ProtectionElevationandtherequiredelevationofallaccessroadsandstreetsrequiredapplicationdrawingsanddocuments.
on all
d) Removal of Special Flood Hazard Area Designation. esignaton. The Federal EmergencyManagementAgency (FEMA) has established criteriarla for removing the special flhazardareadesignationforcertainstructuresproperly °ear flop requirements includ
p p Y elevated on fill abovethe100Ydelevation. FEMA s requi 'compaction and side slope rotect '
e specificf c f 111protection . standards for multi- structure or multi -lotdinvestigatedevelopmentsApersonshould nt ate these •
a chap a to
g standards f they are request ngg, the special flood hazard area before the •preparation. initiation of site
Sec. 36 -502. Administration.
a) Permit required. A person shall secure a '
an of the perms t issued by the City before doingYfollowing:g
1) the construction, addition, or alteration of any build or structure
2) changing the use of a buildin structure °g or land,
3) changing, extending or enlarging a nonconforming .g g nformng use, and
4) excavating or placing an obstruction with the flood pla ° n.
b) State and federal permits. Before granting a City permit or processing napplicationforavariance, the City hall d gYdeterminethattheapplicant hasobtainedallnecessaryStateandFederalpermits,
11 7 -8-91
c) Certification of Lowest Floor Elevations. The City shall requireyqure the applicanttosubmitcertificationbyaregisteredprofessionalreenine 'ect or registered g , registeredarchitgteredland , surveyor about accomplishing the finished f i l l andbuildingelevationsincompliancewiththisordinance. The building ' officialshallmaintainarecordoftheelevationofthelowestfloorincludinbasementg )for all new structures. The building official shall also maintain a record oflowestfloorelevationsforalterationsoradditionstoexistingstructuresinthefloodplaindistrict.
Sec. -5039 Variances.
a) A variance means a change to a specific permitted development °p p standard requirediinanofficialcontrolncludingthisordinance. This change is tog allow analternativedevelopmentstandardnotstatedasacceptableintheofficialcontrolbutonlyasyappliedtoaparticularproperty. This is to lessen ahardship, practical difficulty or unique circumstance.
b) In granting a variance, the City Council shall clearly identify 'specific justified
y ify in writing thespcconditionsthatexistedthegrantingofthevariance.
c) The City Council may approve variances from the this ordinance. e. To do so, theCityCouncilmakethefindingsrequiredforavarianceinStatelaw, No varianceshallallowauseprohibitedinthatdistrictorpermitalower
protection . p degree of floodponthentheRegulatoryFloodProtectionElevation. A erson mayapermissiblepy use avariancetochangpmethodsoffloodprotection.
d) The Director shall submit by mail to the Commissioner of Natural Resources a copyoftheapplicationforproposedvariance. The Director shall mailail such noticeatleasttendaysbeforethehearing. The Director shall send a copy of alldecisionsgrantingavariancebymailtotheCommissionerofNaturalauralResourceswithinten (10) days of such action.
e) Flood insurance notice and record keeping. The Director shallforg let the applicantavarianceknowthat°
1) The issuance of a variance to construct a structure below the base floodlevelwillresultinincreasedpremiumratesforfloodinsuranceuptoamountsashighas $25 for $100 of insurance coverage; and
2) Such construction below the 100 -year or regional flood level 'g increasesriskstolifeandproperty. The City shall maintain such notificationwitharecordallvarianceactions. The City shall maintainn
n justification
y a recordofal1variaceactions, including for their issuance.The City shall also report such variances issued in its annual orbiennialreportsubmittedtotheAdministratoroftheNationalFloodInsuranceProgram.
a t
Sec. 36 -5049 Nonconformitiese
A person may continue to se a structure or premises which wp
i
as lawful
this
thepassageoramendmentofthisarticlebutisnotnconformitywithSuchuseissubjecttothefollowingconditions:
y this article.
1) No person may expand, change, enlarge, or alter a nonconformingming use in
a way which increases its nonconformity.
12 7 -3 -91
2) An alteration within the inside dimensions of a nonconforming use orstructureispermissible. This is allowed only if it will not result inincreasingtheflooddamagepotentialofthatuseorstructure,
3) The cost of all structural alteration •s or additions both inside andoutsideastructuretoanynonconformingstructureoverthelifeofthestructureshallnotexceed50percentofthemarketvalueofthestructureunlesstheownerhassatisfiedtheconditionsofthissection.The City must calculate the cost of all structural alterations andadditionstoastructuresincetheadoptionoftheCity's initial floodplaincontrolsonJuly28, 1986. The City must calculate' these costsintocurrentcostsandincludeallcostssuchasconstructionmaterialsandareasonablecostplacedonalllabor. If the current cost of 1alpreviousandproposedalterationsandadditionsexceeds50ercentofthecurrentmarketvalueoft
p
he structure, then the structure must meetthestandardsofSection36 -499 for new structures.
4) If any nonconforming use of a structure or land or nonconformingstructureisdestroyedbyanymeans, including floods, to an extent of50percentormoreofitsmarketvalueatthetimeofdestructionthe
owner shall not reconstruct it except in conformity with this ordinance.The City Council may issue a permit for reconstruction if the use is notinthefloodwayand, upon reconstruction, the owner adequately elevatesitonfillin
q y ates
conformity with this article.
Sec. 36 -505. Penalties for violation,
A violation of the provisions of this article or failure to follow itsowanyofirequirements ( violations of conditions and safeguards establestablishedgranting • g hed about the
g g of variances) is a misdemeanor.
1) In responding to an ordinance violation, the City m r thatyyqat theNationalFloodInsuranceProgramdenyfloodinsurancetotheuilt
shall act in g• yparty. The City good faith to enforce these officialcontrolsandtocorrectordinanceviolationswhenpossible.
2) When an alleged violation is discovered by or shown to the Director, r, theDirectorshallinvestigatethesituation. The Director shall documentthenatureandextentoftheallegedviolationoftheofficialcontrol.As soon as is possible, the City will submit this information to the
proper Department of Natural Resources' and Federal Emergency ManagementAgencyregionaloff° g y ggygoffice. The City willl also submit its plan of action tocorrecttheviolationtotheseagencies.
3) The Director shall notify the suspected art of the pertinentpartyptinent
requirements of this article and all other official controls. TheDirectorshallalsonotifythepersoninquestionaboutthenatureandextentofthesuspectedviolationofthesecontrols. If the structurUeand /or use is under construction or development, the Director m ordertheconstructionordevelopmentimmediatelyhalted. This construction
or development moratorium shall be in force until the Cityermitora
y g ants a
p approval If the responsible party has completed theconstructionordevelopment, p
p nt, then the Director may either:
a. Issue an order identifying the corrective actions that the
responsible party must make within a specified time to bring the
use or structure into compliancepliance with the official controls; or
13 7 -8 -91
b. Notify the responsible party to apply for an after - the -fact
permit /development approval within 30-days.
4) If the responsible party does not appropriately respond to the Director
De p rofCommunity • Development •
ordinance
withinn the specifiedfied time, each additional dathatlapsesisanadditionaly
p . rdinance violation. The City mayprosecutesuchviolationsaccordingly. The Director shall also onthelau
se of the specified response
p
p p ponse time, notify the property owner torestorethelandtotheconditionwhichexistedbeforetheviolationofthisarticle,
Sec. 36 - 506. Amendments,
The City shall submit all amendments to this article including revisionsgsions to theofficialfloodplainzoningdistrictmap, to be approved by the Commissioner ofNaturalResourcesbeforeadoption. The City shall not remove the flood plandesignationontheofficialfloodplainzoningistrictmaunlessthgpeownerfillstheareatoanelevationatorabovetheregulatoryfloodprotectionelevationandiscontiguoustolandsoutsidethefloodplain. Changes in the official
9
g
Technical Conditions and
coal zoning mapmustmeettheFederalEmergencyManagementAgency's (FEMA) Technioe
Criteria and must receive prior FEMA approval before adoption. The Commispssoner ofNaturalResourcesmubegiven10 -days written notice of all hearings to consideranamendmenttothisarticle. T h i s notice shall include a draft of the amendme ortechnicalstudyunderconsideration.
Sec.. -507. Travel trailers and travel vehicles.
a) Travel trailers and travel vehicles that do not meet the exemption criteriaspecifiedinSection36 -507 (1) (a) below shall be subject to the provisions ofthisarticle. Travel trailers and travel vehicles shall also be subject to theconditionslistedinthesectionsbelow.
1) Exemption. Travel trailers and travel vehicles are exempt fromrom the
provisions of this ordinance if their owner places them in an of the areas
1) (b) below and if they meetlistedinSection36 - 507 y
the following
a. Have current licenses required for highway use.
b. Are highway ready meaning on wheels or have an internal jackin ° systemandthattheownerhasattachedittothesiteonlybyquickdisconnect
type utilities commonly used in campgrounds and trailer arks. Thetraveltrailertravelp
vehicle must also not have any ermanent
attacheda to tstructuraladditionst p
c. The travel trailer or travel vehicle and associated use must be analloweduseintheunderlyingzoningdistrict.
2) Areas exempted for placement of travel /recreational vehicles:
a. Individual lots or parcels of record.
b. Existing commercial recreational vehicle arks or campgrounds.p pg s.
c. Existing condominium -type associations.
14 7 - - 91
b) Travel trailers and travel vehicles exempted in Section 36- 507(1) lose this
exemption when development occurs on the parcel exceeding five hundred ($500)dollars. This is for a structural addition to the travel trailer /travel vehicle
or an accessory structure such as a garage or storage building. The City will
then consider the travel trailer /travel vehicle and all additions and accessorystructuresasanewstructuredThetraveltrailer /travel vehicle shall then be
subject to the elevation requirements and the use of land restrictions specifiedinthisarticle.
c) New commercial travel trailer or travel vehicle parks or cam rounds and newpgresidentialtypesubdivisionsandcondominiumassociationsandtheexpansionofp
any existing similar use exceeding five (5) units or dwelling sites shall be
subject to the following conditions:
1) The City will allow any new or replacement travel trailer or travel vehicle
in the floodway or flood fringe districts provided the following,
a. The owner places said trailer or vehicle and its contents on fill above
the regulatory flood protection elevation following the provisions of
Section 36- 499(c).
bo Proper elevated road access to the site exists accordin g to Section 36-
499.
No fill placed in the floodway to meet the requirements of this Section
shall increase the flood stages of the regional flood.
2) As an alternative, the City may allow all new or replacement travel trailers
or travel vehicles not meeting the criteria of (3.) (a) above, if such
placement s according to the following provisions:i
a. The applicant must submit an emergency plan for the safe evacuation of
all vehicles and people during the 100 -year flood. A re istered
engineer or other ggerqualifiedindividualvidualshal1preparesaidplan. Said
plan shall show that adequate time and personnel exist to carry out the
evacuation.
b. All attendant sewage and water facilities for new or replacement travel
trailers or other recreational vehicles must be protected or constructed
so while flooded they are not impaired or contaminated. The
installation-of such facilities shall follow the rules in Section 36-
499(b)(7)0
Secs. 36 -508 - 36 -560. Reserved,
Section 2. This ordinance shall take effect after its passage,
Seconded by Councilmember Carlson Ayes - all
15 7 -3 -91
J. NEW BUSYNESS
1. Stop Sign - Holloway and Howard
a. Manager McGuire presented the staff report.
c. Mayor * Bastian asked if anyone wished to speak before •p the Council regarding thismatter. The following was heard:
A letter was read from William Hahn, 2234 Hollowa y Avenue
do Councilmember Zappa' to accept staff recommendation and take no action.
Seconded by Councilmember Rossbach Ayes - all
20 1992 Council /Senior Management Goal Setting Workshopp
ao Manager McGuire presented the staff report.
b. Councilmember Rossbach moved to authorize a ment of the °° 'v 25/ requ red to reserveJanuary30and311992fortheCouncil /Management Team Goad Setti n Worksho atRiverwoodConferenceCenter.
Seconded by Mayor Bastian Ayes -y s all
3e Authorization to Hire Receptionist
ao Manager McGuire presented the staff report.
b. Mayor Bastian asked if anyone wished to speak before the C
t p Council regarding this °matter, ter. No one appeared.
c. Councilmember Zappa moved to authorize hirinq a full -time em toositionofrecp - wee for thepeptionist.
Seconded by Councilmember Carlson Ayes - C o u n c i l m e m b e rs Carlson,
Rossbach, Zappa
Nays - Mayor Bastian, Councilmember
Juker
Council instructed the Manager to investigate alternatives regardinggng back upforthereceptionistandifthatpositioncouldbetrainedforotherduties,
4. Selection of Consolidation Study Commission Members
a. Manager McGuire presented the staff report.
b. Assistant Manager Maglich presented the specifics of thep report.
16 7 -8 -91
c. Mayor Bastian asked if anyone wished to speak before the Council regarding thismatter. No one appeared,
g g
d. Councilmember Juker moved to select the Citv Mana er to UDTV for membershiD otheRamseyCountyLocalGovernmentCooperationandConsolidationStudCommission.
Seconded by Councilmember Rossbach Ayes Councilmembers Carlson Juker
Rossbach, Zappa
Nays - Mayor Bastian
Mayor Bastian moved to waive the Rules of Procedure and Dlace Item K VisitorPresentation, on the Agenda at this time.
Seconded by Councilmember Carlson Ayes - all
Ko VISITOR PRESENTATION
1 o 01 of Severson, 2O16 Greenbri ar, Boy Scout Troop 50, appeared before the Counci 1.
a. Mr. Severson stated he is working toward the Eagle Scout Award and oneoftherequirementsisthatheattendaCityCouncilmeeting,g
Councilmember Rossbach moved a co of the minutes be sent to Olaf Severson.
Seconded by Mayor Bastian Ayes - all
2. Irene Bush, 2191 E. County Road D. appeared before the Council.
a. Ms. Bush stated she has her home for sale. A prospective buyer called
the City and was told the sewer "could go in tomorrow"
b. Council instructed Ms. Bush to contact the Director of Public Works
regarding her problem.
J. NEW BUSINESS - Continued:
5. Acquisition of Tax Forfeit Property - Project 90 -07
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the following Resolution and moved its ado ti o •N n.
91 -7 -81
RESOLUTION TO ACQUIRE TAX - FORFEITED PROPERTY
WHEREAS, the parcel described as Lot 9, Block 14, St. Aubin and Dion'sRiceStreetAdditiontotheCityofSt. Paul, Ramsey Count Minnesota: PIN
18-29-22-34-0074-8.
y '
is necessary for storm water ponding purposes, and;
WHEREAS, acquisition of the above - referenced parcel would be consistentwiththeCity's drainage plan, and*
WHEREAS, said parcel is listed at tax-forfeit,
17 7 -8 -91
NOW, THEREFORE, BE IT RESOLVED, that the proper City officials be and
hereby are authorized to make an application for fee title ownership of said
tax - forfeited land; and
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized
to file a certified copy of t h i s Resolution and application for fee t i t l e
ownership of said tax - forfeited land in the office of the Land Commissioner.
Seconded by Councilmember Rossbach Ayes - all
6o 1991 Bituminous Overlay Project
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Zappa moved to approve the 1991 Bituminous Overlay Project
as recommended by staff.
Seconded by Councilmember Rossbach Ayes - all
7e Change Order - City Aide Water Main Project 90 -07
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
d. Councilmember Juker introduced the following Resolution and moved its adoption:
91 7 - 82
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
made Improvement Project 90 -07, City -Wide Water Main and Miscellaneous
Improvements, and has let a construction contract pursuant to Minnesota
Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be
modified and designated as Improvement Project 90 -07, Change Order 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the Mayor and City Clerk are hereby authorized and directed
to modify the existing contract by executing said Change Order 1 in the
amount of $15,314.64.
The project budget is increased by $19,150.
Seconded by Councilmember Zappa Ayes - all
18 7 -8 -91
e. Councilmember Juker moved to negotiate with 3M for payment for said off -
site improvements.
Seconded by Councilmember
K. VISITOR PRESENTATIONS
Moved to follow Item J -4
L. COUNCIL PRESENTATIONS
1. Tree Trimming Ordinance
a. Councilmember Zappa moved to instruct staff to investigate State
regulations regarding tree trimminc,
Seconded by Councilmember Carlson Ayes - all
2. Auctioneer Fees
a. Councilmember Zappa that auctioneer E. Pansegrau was paid $939.64 for
the Police Auction; that this is a large amount of money and police
personnel actually do the work.
b. Council requested staff to provide a break down of auctioneer bills.
3. Willard Munger Trail
a. Councilmember Rossbach commended on the filling of the trail and the
placement°
b. Councilmember Rossbach moved to direct staff to suggest to the DNR that
the qrade crossing for the bridge on the East side of White Bear Avenue
be the same as the bridge on the West side. or the alternative be no
brill e.
Seconded by Councilmember Zappa Ayes - all
4. HAZMAT
a. Councilmember Juker presented ? ? ? ? ? ? ? ? ? ?? and commented that money is
being removed fromngremdf the HAZMAT fund for management
i
g fees. That provision
was not included n her motion regarding the HAZMAT fund.
b. Staff stated it was policy to charge each fund for management fees.
c. Councilmember Juker moved to instruct Staff to prepare a report on the
HAZMAT fund and report back to the Council.
Seconded by Councilmember Zappa Ayes - all
5. Mayor's Update
a. Mayor Bastian asked if reservations had been made for the White Bear
Avenue Business Parade,
I. Staff stated 4 reservations had been made.
19 7 -B -91
b. St. John's Hospital is having an open house for their Maternity Wing on
Wednesday, 7- 10 -91, from 11:00 a.m. to 1:00 p.m.
c. Chamber of Commerce meeting on Thursday, 7- 11 -91.
d. Minutes are available for the Cable Commission.
e. Mayor Bastian stated he has not received all the forms for the Manager's
Evaluation, and asked that they please be submitted.
f. The is an A.M.M. breakfast meeting at the Radisson Inn 7- 23 -91.
g. Hardee's has a program on 7 -19 -91 at 9:45 p.m. in connection with the
Special Olympics-,
a. Mayor Bastian that at the Planning Commission Meeting there were
questions about P.U.D.s.
bo Mayor Bastian moved to refer to legal staff to listen to tape and research the
questions regarding P.U.D.s.
Seconded by Councilmember Zappa Ayes - all
7. Maplewood Historical Figures
a. Mayor Bastian asked whether the City has any policy relating to honoring
Maplewood's historical figures.
b. Mayor Bastian moved to direct the Manager to contact the Leaque of
Minnesota Cities for copies of any policies th might have on honorino
historical figures.
Seconded by Councilmember Zappa Ayes - all
8. Park Ranger
a. Mayor Bastian commented on park rangers and the possibility of having
such a program in Maplewood.
b. Mayor Bastian moved to research such a program.
Seconded by Councilmember Carlson Ayes - M a y o r B a s t i a n,
Councilmembers Carlson,
Juker, Rossbach
Nays - Councilmember Zappa
M. ADMINISTRATIVE PRESENTATIONS
1. Schedule Special Meetings for Projects
a. City Manager McGuire stated that meetings needed to be set up for special
projects.
20 7 -8 -91
b. Councilmember Zappa moved to refer to staff to prepare a memo with a
list of suggested dates.
Seconded by Mayor Bastian Ayes - all
2. Council /Manager Meeting
a. City Manager McGuire requested a date be set for the next
Council /Manager meeting.
b. Mayor Bastian moved the meeting be scheduled for July 15, 1991 from 4:30
to 6:30 p.m.
Seconded by Councilmember Zappa Ayes - all
N. ADJOURNMENT
Meeting adjourned at 9:24 P.M.
21 7 -B -91
AGENDA NO. F -1
AGENDA REPORT
TO: City ns °'
Y Mo 4
FROM: Finance Dire ed e c t oector ,Z Date
Z ,
RE: APPROVAL OF CLAIMS
DATE: July 12, 1991
It is recommended that the Council approve a ment of the following claims:P Y g
ACCOUNTS PAYABLE:
375 Checks # 22626 thru # 22667
Dated 07 -01 -91 thru 07 -09 -91
182, 469.56 Checks # 14130 thru # 14247
Dated 07 -08 -91
558,027.76 Total per attached voucher /check
register
PAYROLL
199,538.38 Payroll Checks dated 07 -05 -91
38, 318.21 Payroll Deductions dated 07-05-919
237, 856.59 Total Payroll
795,884.35 GRAND TOTAL
Attached is a detailed listing of these claims.
tmc
Attachments