HomeMy WebLinkAbout04-13-92 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, April 13, 1992
Council Chambers, Municipal Building
Meeting No. 92-07
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Dale H. Carlson, Councilmember Present
Frances L. Juke r, Councilmember Present
George F. Rossbach, Councilmember Present
Joseph A. Zappa, Councilmember Present
D. APPROVAL OF MINUTES
1.Meeting No. 92-06 (March 23, 1992)
Councilmember Zappa moved to approve the minutes of Meeting No. 92-06 (March 23,
1992) as presented.
Seconded by Mayor Bastian Ayes - all
2. Council/Manager Meeting of March 30, 1992
Councilmember Zappa moved to approve the minutes of Council/Manager Meeting of
March 30, 1992 as presented.
Seconded by Councilmember Rossbach Ayes - all
E. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Agenda as amended.
L1.Council/Manager Meeting
L2.Road Posting
L3.Roseville School District 623
L4. Water Project Update
M1.Community Center Schedule
M2.Workhouse Tour
Seconded by Councilmember Zappa Ayes - all
EA. PRESENTATION
1.Mayor Bastian presented a proclamation to April McManus in honor of her
accomplishment on the Teen Tournament of the TV game show Jeopardy.
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G. CONSENT AGENDA:
Councilmember Zappa moved, seconded by Councilmember Rossbach; ayes - all, to
approve the consent agenda items 1 thru 12 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 614,647.35 Checks #25465 - #25566
Dated 3-12-92 thru 3-31-92
$ 129,111.44 Checks #16669 - #16811
Dated 4-13-92
$ 743,758.79Tota1 per attached voucher/check register
PAYROLL: $ 195,969.67Payroll Checks #25811 thru #25966
Dated 3-27-92
$ 39,772.44Payroll Deduction Checks #25971 thru
#25986 dated 3-27-92
$ 235,742.11 Total Payroll
$ 979,500.90 GRAND
TOTAL
2.Disposal of Old Financial Records
Approved the following Resolution:
92 - 04 - 34
RESOLUTION TO DESTROY CITY RECORDS
WHEREAS, M.S.A. 138.17 governs the destruction of City records; and
WHEREAS, a list of records has been presented to the Council with a request
in writing that destruction be approved by the Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA;
1.That the Finance Director is hereby directed to apply to the Minnesota
State Historical Society for an order authorizing
destruction of the records as described in the attached list
2.That upon approval by the State of the attached application, the Finance
Director is hereby authorized and directed to destroy the
records listed.
3.1992 Tax Increment Transfers
Authorized consolidation of Tax Increment Fund #1 and Tax Increment Fund #2 into
one fund and that $3,076,590 be transferred from the new fund to the
Park Development Fund and the Street Construction State Aid Fund as
reimbursement for construction project expenditures.
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4.Payment on North St. Paul Well #5 Debt
Authorized payment of $36,000 from the W.A.C. Fund for the North St. Paul Water
District to the City of North St. Paul for Well #5.
5. Donation to Maplewood Nature Center - Rita Brenner
Approved acceptance of a $700 donation from Rita Brenner and placement of the
funds in a separate Maplewood Nature Center Fund for park development
projects.
6.Donation to Maplewood Nature Center - Camp Flaming Pine
Approved acceptance of a $500 donation from the Camp Flaming Pine Board of
Directors, to be placed in a special account in the Maplewood Nature
Center Budget to be used with the City's allocation to develop a new
Maplewood Nature Center brochure.
7. Approval of Easement Agreement - Pedro
Authorized payment of $21,000 to complete eminent domain proceedings for the
purpose of acquiring approximately 42,000 square feet of property owned
by Carl Pedro, ]r. for drainage and ponding.
8.Housing & Redevelopment Authority Annual Report
Accepted with thanks the March 1991-February 1992 Housing and Redevelopment
Authority Annual Report.
9.Preliminary Plat Time Extension: Gervais Overlook
Approved a one-year time extension for the Gervais Overlook preliminary plat,
subject to the February 13, 1984 conditions of approval.
lO.Preliminary Plat: Countryview Summit
Approved the Countryview Summit preliminary plat, subject to the following
conditions being completed before final plat approval:
1.The developer shall move Duluth Court to the east to increase the setback from
the west property line.
2.The City Engineer approving final grading, utility, drainage, erosion control
and street plans. The drainage and utility plans shall include a
five-foot-high, vinyl-clad chain link fence at the high water mark
around the pond in Outlot A. The developer shall revise the
drainage and grading plans to direct most of the storm-water run-off
to the pond on Outlot A. The erosion control plan shall be
consistent with the Ramsey Soil and Water Conservation District
Erosion and Sediment Control Handbook.
3.The Director of Community Development approving a tree plan. The Director
must approve this plan before any grading begins or the City
approves the final plat.
4.The final plat shall have drainage and utility easements along all property
lines. These easements shall be 10 feet wide along the front and
rear property lines and 5 feet wide along the side property lines.
S.The City Engineer approving a signed developer's agreement and escrow for any
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uncompleted public improvements, driveway to Highway 61 or
landscaping and tree planting required by the City. This agreement
shall also include the installation of four street lights, primarily
at street intersections. The exact location and type of lights
shall be subject to the City Engineer's approval.
6.Provide a driveway and public easement from the end of Duluth Street to
Highway 61. The driveway must meet Fire Code standards. The
developer shall put posts and a chain across the drive at Duluth
Street.
7.Grant to the City a temporary 100-foot-diameter cul-de-sac bulb easement for
Duluth Street, unless the developer constructs a driveway to Highway
61.
8.Show a drainage and utility easement on Lot 13, Block 2 for any area planned
as part of the storm-water pond.
9.The developer getting easements for all off-site grading and utility work.
lO.Show Outlot B as a public right-of-way for Lydia Avenue.
11.Change the name of Countryview Court or Countryview Circle to a name
acceptable to the Director of Public Safety.
12.The developer must obtain the approval of the Community Design Review Board
for the landscaping of the cul-de-sac islands.
If the developer decides to final plat part of the preliminary plat, the
Director of Community Development may waive any conditions that do not
apply to the final plat.
11.1992 Dispatching Agreement
Approved the 1992 dispatching agreement between the City of Maplewood and the
City of North St. Paul.
12.St. Paul Training Facility
Authorized entering into an agreement with the City of St. Paul for the use of
its fire training facility.
G. PUBLIC HEARINGS
1.7:00 P.M. (7:15 P.M.), Utility Easement Vacation: Maplewood Mall
a.Mayor Bastian convened the meeting for a public hearing regarding vacation of
a portion of the City's utility easement at Maplewood Mall.
b.Manager McGuire presented the staff report.
c.Director of Community Development Olson presented the specifics of the report.
d.Chairman Les Axdahl presented the Planning Commission report.
e.Mayor Bastian opened the public hearing, calling for proponents or opponents.
No one appeared.
f.Mayor Bastian closed the public hearing.
g.Councilmember Zappa introduced the following Resolution and moved its
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adoption:
92 - 04 - 35
VACATION OF A PORTION OF A UTILITY EASEMENT AT MAPLEWOOD MALL
WHEREAS, Corporate Property Investors applied for the vacation of the
following-described easement:
That part of a utility easement dedicated on the plat of MAPLEWOOD MALL ADDITION
variable in width from 40.00 to 50.00 feet lying within Lots 5, 10,
and 14, Block 1, of said MAPLEWOOD MALL ADDITION, according to the
recorded plat thereof and situate in Ramsey County, Minnesota. The
center line of said variable width utility easement is described as
follows:
Commencing at the southwest corner of the Northwest Quarter, Section 2, Township
29, Range 22; thence on an assumed bearing of East along the south
line of said Northwest Quarter a distance of 647.81 feet; thence
North at a right angle to said south line of the Northwest Quarter a
distance of 72.00 feet to the south line of said Lot 10, Block 1,
said MAPLEWOOD MALL ADDITION; thence East along said south line of
Lot 10, a distance of 160.00 feet; thence North a distance of 11.00
feet; thence East a distance of 345.00 feet; thence North 41 degrees
42 minutes 31 seconds East a distance of 103.17 feet; thence East a
distance of 36.27 feet to the point of beginning of the center line
to be described; thence North 00 degrees 08 minutes 03 seconds a
distance of 1152.42 feet; thence North 89 degrees 49 minutes 20
seconds East a distance of 589.68 feet to the easterly line of said
Lot 14, Block 1, MAPLEWOOD MALL ADDITION and there terminating.
WHEREAS, the history of this vacation is as follows:
1.A majority of the property owners abutting this easement, signed a
petition for this vacation;
2.The Planning Commission discussed this vacation on March 16, 1992.
They recommended that the City Council approve this vacation.
3.The City Council held a public hearing on April 13, 1992. City staff
published a notice i n the Maplewood Review and sent notices to
the abutting property owners as required by law. The Council
gave everyone at the hearing a chance to speak and present
written statements. The Council also considered reports and
recommendations from the City staff and Planning Commission.
WHEREAS, after the City approves this vacation, public interest in the
property will go to the following abutting properties:
Lots 5, 10 and 14, Block 1 of the Maplewood Mall Addition in Section 2,
Township 29, Range 22.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described vacation for the following reasons:
1. It is in the public interest.
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2.The City will not need this easement because the Maplewood Mall owners
built a new sewer line to replace the existing sewer line.
This vacation is subject to the property owners dedicating a new utility
easement for the new sewer line.
Seconded by Councilmember Rossbach Ayes -all
2.7:10 P.M. (7:25 P.M.), Conditional Use Permit: 2051 E. Larpenteur Ave.
a.Mayor Bastian convened the meeting for a public hearing regarding a request
from Mounds Park Academy for a conditional use permit to build two
additions and expand their recreation areas.
b.Manager McGuire presented the staff report.
c.Director of Community Development Olson presented the specifics of the report.
d.Chairman Axdahl presented the Planning Commission report.
e.Mayor Bastian read the Community Design Review Board report.
f.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Letters were read from: Greg and Barb Huppert, 1792 Ruth Street
Kevin and Linda Krueger, 1780 Ruth Street
Jack Buxell, Architectural Forlim Inc., representing the applicant
Sandy Anderson, 1772 No. Ruth
David Michols, 1722 Ruth
Bob Larson, 1922 Ripley
Jeff Ewald, 1744 Ewald
Lyle Mueller, 1727 Ruth St.
Resident (Paloney), 1758 Ruth
Keith Anderson, 1772 Ruth
Resident of 1997 Price
Jeanne O'Flanaghan, 1766 Ruth
g.Mayor Bastian closed the public hearing.
h.Councilmember Zappa moved to table this item until April 27, 1992 and direct
staff to prepare a report regarding the traffic, second exit off of
Beebe, one-way traffic, speed zone posting, no-parking signs, etc.
Seconded by Mayor Bastian Ayes -all
3.7:20 P.M. (9:18 P.M.), On-Sale Liquor License - 2220 White Bear Ave.
a.Mayor Bastian convened the meeting for a public hearing regarding an
application from Sam Bongiovanni for an intoxicating liquor license
to operate the Maple Wheel Lounge, 2220 White Bear Avenue.
b.Manager McGuire presented the staff report.
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c.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Sam Bongiovanni, the applicant, spoke on behalf of his application.
d.Mayor Bastian closed the public hearing.
e.Councilmember Zappa introduced the followinp Resolution and moved its
adoption:
92 - 04 - 36
APPROVAL OF LIQUOR LICENSE
NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the
City of Maplewood on April 13, 1992, an On-Sale Intoxicating Liquor
License was approved for Sam Bongiovanni at the Maple Wheel Lounge, 2220
White Bear Avenue.
The Council proceeded in this matter as outlined under the provisions of the
City Ordinance.
Seconded by Councilmember Rossbach Ayes -all
H. AWARD OF BIDS
1.County Road B/T.H.61 Storm Sewer Project 90-14
a.Manager McGuire presented the staff report.
b.Director of Public Works Haider presented the specifics of the report.
c.Councilmember Zappa introduced the followinp Resolution and moved its
adoption:
92 - 4 - 37
RESOLUTION FOR AWARD OF BIDS
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Brown and Cris, Inc. in the amount of $873,859.55 is the lowest
responsible bid for the construction of County Road B/TH 61 Storm Sewer,
City Project 90-14, and the Mayor and Clerk are hereby authorized and
directed to enter into a contract with said bidder for and on behalf of
the City.
FURTHERMORE, the project budget is amended to $1,090,000, and the project
financing is amended as follows:
Special Assessments $ 173,000
MSA Off System 394,000
Ramsey-Washington Watershed District 93,000
Sanitary Sewer Fund 20,000
General Obligation 400,000
Ramsey County Agreement 37,000
TOTAL $1,117,000
Seconded by Councilmember Rossbach Ayes -all
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d. Councilmember Zappa introduced the following Resolution and moved its
adoption:
92 - 4 - 37A
APPROPRIATION OF MUNICIPAL STATE AID - TH 61 AND CSAH 25
WHEREAS, it has been deemed advisable and necessary for the City of
Maplewood to participate in the cost of a construction project located
on TH 61 and CSAH 25 within the limits of said municipality, and
WHEREAS, said construction project has been approved by the Commissioner of
Transportation and identified in his records as SAP 138-010-06 and 138-
020-15.
NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our
Municipal State Aid Street Funds the sum of $425,000 to apply toward the
construction of said project and request the Commissioner of
Transportation to approve this authorization.
Seconded by Councilmember Rossbach Ayes -all
I. UNFINISHED BUSINESS
1.Conditional Use Permit: Demont Ave. (Kavanagh)
a.Manager McGuire presented the staff report.
b.Mayor Bastian moved to prepare the necessary resolution for a roadway to be
built within the 33-foot right-of-way, similar to Eldridge property
west of Birmingham, on Demont from Flandrau to Bittersweet and the
resolution be presented to Council on April 27, 1992.
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, ]uker, Rossbach
Nays -None
Abstain -Councilmember Zappa
c.Councilmember Rossbach moved to table I-1 until the request for the
feasibility study is acted on.
Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmembers
Carlson, ]uker, Rossbach
Nays -None
Abstain -Councilmember Zappa
2.Street Vacation: Demont Ave., West of Bittersweet Lane (Burns)
a.Manager McGuire presented the staff report.
b.Councilmember ]uker moved to table this item (I-2).
Seconded by Councilmember Zappa Ayes -all
3.Conditional Use Permit Review: English Place
a.Manager McGuire presented the staff report.
b.Director of Public Works Haider presented the specifics of the report.
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c.Councilmember Rossbach moved to extend the C.U.P. for one year.
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays -Councilmember ]uker
d.Councilmember Zappa moved to direct staff to study the number of times
Conditional Use Permits can be extended.
Seconded by Councilmember ]uker Ayes -all
4.Rental Housing Maintenance Ordinance (2nd Reading)
a.Manager McGuire presented the staff report.
b.Director of Community Development Olson presented the specifics of the report.
c.Councilmember Zappa introduced the following Ordinance and moved its adoption:
ORDINANCE N0. 701
AN ORDINANCE REVISING THE RENTAL HOUSING MAINTENANCE CODE.
THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council changes Article VI of Chapter 9 as follows:
ARTICLE VI. RENTAL HOUSING MAINTENANCE CODE
Sec. 9-91. Purpose and goals.
The purpose of this article is to protect the public health, safety and welfare by
enacting a rental housing maintenance code. This code sets the minimum level of
maintenance standards for rental housing. The general goals of this code are:
(1)To protect the character, value and stability of residential properties.
(2)To correct and prevent housing conditions that adversely affect or may adversely
affect residents' lives, safety, general welfare or health.
(3)To provide minimum standards for cooking, heating and sanitary equipment
necessary for the health and safety of occupants of the buildings.
(4)To provide minimum standards for light and ventilation necessary for health and
safety.
(5)To provide minimum standards for the maintenance of existing residential buildings,
to prevent deterioration and blight.
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Sec. 9-92. Applicability and scope.
This article shall apply to rental housing only including any construction, repair
or alteration. Any changes shall be done according to and zoning codes. The
owner shall be responsible for meeting the requirements of this article.
Sec. 9-93 Definitions.
Where this article does not define a term and the building code or zoning code
defines the term, the term shall have the meaning given to it in the building
code or zoning code. For the purposes of this article, the following words
shall have the following meanings:
Approved: Approved by the enforcement officer or by other authority designated by
law to give approval in the matter in question.
Building code: The state building code as defined in Section 9-21.
Clean: The absence of dirt, grease, filth, refuse, rubbish, garbage, insects,
vermin, junk, abandoned vehicles, dangerous or offensive odors or other
unsightly, offensive or extraneous matter.
Common areas: The halls, corridors, passageways, utility and recreational rooms and
exterior landscaped areas and yards in or around a rental residential building.
Dead bolt lock: A locking bolt which a person moves by knob, handle or other
similar device on the interior side of a door. A person must also be able to
lock the dead bolt lock from the exterior. Such a bolt shall have a minimum
projection of one inch. The City requires metal strike plates for all locking
devices with a minimum thickness of 0.062 inches (1.5 mm). The owner shall
mount these plates with a minimum of two No. 8 size screws.
Dwelling unit: A single unit providing complete, independent living facilities for
one or more persons, including permanent provisions for living, sleeping,
eating, cooking and sanitation.
Enforcement officer: The City manager or his or her authorized representative.
Extermination: The elimination of insects, rodents or other pests. This may be
done by eliminating their harborage places or by removing or making inaccessible
materials that may serve as their feed. This may also be done by poison
spraying, fumigating, trapping or by another recognized and legal pest
elimination method.
Functioning: The ability of any structure, any part of a structure, or any fixture
or facility or equipment in a structure to perform the service or function for
which the manufacturer or builder designed, intended and constructed it.
Garbage: Animal or vegetable waste resulting from the handling, preparation,
cooking or consumption of food.
Grade: The vertical location of the ground surface.
Infestation: The presence, within or contiguous to a dwelling or premises, of
noxious insects, rodents, vermin or other pests.
Maintenance or maintain: The upkeep of property and equipment in a professional-
like condition.
Occupancy: The purpose for which people use or the owner intended people to use a
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building or structure or part of a building or structure.
Occupied: Being leased or rented for living purposes by an occupant.
Occupant: Any person living or sleeping in a dwelling unit or rooming unit.
Openable area: That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Operator: Any person who has charge, care or control of a rental residential
building or yard.
Permissible occupancy: The number of persons the City permits to live in or occupy
a dwelling unit or rooming unit.
Plumbing or plumbing fixtures: Water heating facilities, water pipes, gas pipes,
garbage disposal units, toilets, waste pipes, sinks, installed dishwashers,
lavatories. This also means bathtubs, shower baths, installed clothes-washing
machines or other similar equipment, catch basins, drains, vents, stacks or
other similarly supplied fixtures, together with all connections to water, gas,
sewer or vent lines.
Premises: A lot or parcel of land which includes a rental residential building.
Professional-like: In a safe, working condition that meets the standards of the
associated trade or industry or is in the originally intended condition.
Reasonable care: 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: 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: The reconstruction or renewal of any part of a building or its utilities,
facilities or equipment.
Rental residential building: Any building or portion of a building which is rented
or leased for residential purposes.
Rodent Harborage: A place where rodents are likely to live, nest, seek shelter or
make their habitat.
Rooming house: Any rental building, containing one or more rooming units.
Rooming unit: Any room or group of rooms forming a single habitable unit that the
owner or occupant uses or intends to rent or lease for living and sleeping. A
rooming unit does not include standard kitchen facilities.
Safe: The condition of being free from danger and hazards which may cause accidents
or disease.
Sanitary: Bactericidal treatment effective in destroying micro-organisms, including
pathogens.
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Supplied: Installed, furnished or provided by the owner or operator.
Ventilation: The process of supplying and removing air by natural or mechanical
means to or from any space.
Yard: All ground, lawn, court, walk, driveway or other open space which is on the
same premises as a rental building.
Sec. 9-94. Yards.
(1)Cleanliness. All yards shall be clean and sanitary.
(2)Grading and drainage. There shall be no accumulation of stagnant water, except
in approved ponding areas. There shall also be no surface water entering
any building or structure.
(3)Removal of snow and ice. There shall be no snow and ice on parking lots,
driveways, steps and walkways which may create a hazard.
(4)Free from noxious weeds. The yard shall be free from noxious weeds and tall
grass as required in Section 19-7(8) of Code.
(5)Insects and rodents. The owner shall exterminate all noxious insects, rodents,
vermin or other pests that are causing a nuisance.
(6)Accessory structures. All accessory structures, including detached garages,
fences, signs and retaining walls, shall be structurally sound and in good
repair. The owner shall protect all accessory structures, fences, signs and
retaining walls against the elements and decay by non lead-based paint or
other appropriate protective coverings.
(7)Parking lots and driveways. All parking lots and driveways shall be paved and
kept in good condition with no pot holes. Driveways for single and double
dwellings are exempt from the pavement requirement but shall be kept in good
condition.
(8)Yards and landscaped areas. The owner shall maintain all yards and landscaping
and replace all damaged or dead plants required by the City.
(9)Exterior storage. The owner shall not allow the accumulation or storage of
building materials, firewood, boxes, machinery, scrap metal, refuse, or
garbage anywhere on the premises.
Sec. 9-95. Exteriors of structures.
(1)Foundations, walls and roofs. Every foundation, exterior wall, roof and all
other exterior surfaces shall be in a professional-like condition:
a.The foundation shall support the building at all points.
b.Every foundation, exterior wall and roof shall be free of holes, breaks, loose
or rotting boards or timbers, or falling or loose stucco or brick. The
owner shall protect every exterior surface from vermin and rodents.
Every exterior surface shall also be free from graffiti and large
amounts of peeling paint. Every exterior surface shall also be free
from conditions which might admit moisture to the interior of the walls
or to the interior of the dwelling.
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c.All exterior wood surfaces and lead-based paints, other than decay-resistant
woods, shall be covered or replaced with nonlead-based paint or other
protective coverings or treatments, as required by State law.
d.The roof shall be tight and have no defects which admit rain or moisture. Roof
drainage shall be adequate to prevent rain water from causing dampness
in the walls.
e.All building exterior surfaces shall meet Section 9-7 of the City Code.
(2)Stairs, porches, decks, balconies and railings.
a.Every outside stair, porch, deck, balcony or railing shall be in a
professional-like condition.
b.Every flight of stairs which is more than three (3) risers high and every
porch shall have guard rails as required by the building code.
(3)Windows, doors and hatchways. Every window, exterior door and hatchway shall be
tight and kept in professional-like condition.
a.Every exterior window, door and hatchway shall be in professional-like
condition and fit tightly within its frame.
b.Every window shall have panes which are without open cracks or holes.
c. Every openable window, shall:
1.Open easily.
2.Have hardware that will hold the window in an open or closed position.
3.Have a functioning lock.
4.For single and double dwellings have a tight-fitting screen that is not
greater than 16-mesh per inch.
d.Every exterior door shall:
1.Open easily from the inside without a key.
2.Have a functioning dead-bolt lock.
3.For single and double dwellings, have a tight-fitting screen door with a
screen that is not greater than 16-mesh per inch.
Sec. 9-96. Interior of structures.
(1)Basements. All basements and crawl spaces shall be dry.
(2)Structural members. The supporting structural members shall be structurally
sound and have no evidence of deterioration.
(3)Interior stairs and railings.
a.All stairs shall be in professional-like condition. The owner shall replace
treads and risers that show evidence of excessive wear or are broken,
warped or loose.
b.Every stairwell and every flight of stairs more than three (3) risers high
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shall have handrails or railings as required by the building code.
c.Every handrail or railing shall be firmly fastened and in professional-like
condition. The owner shall properly place secured railings on the open
portions of stairs, balconies, landings and stairwells. These railings
must be able to bear normally imposed loads as determined by the
building code.
(4)Bathroom floors. Every toilet room and bathroom floor surface shall be
impervious to water. These floor surfaces shall be constructed to permit a
person to easily clean them and keep them in a sanitary condition.
(5)Sanitation. The interior shall be in a clean and sanitary condition. The owner
shall provide appropriate storage facilities for refuse, garbage and
rubbish.
(6)Insect and rodent harborage. The owner shall exterminate all noxious insects,
rodents, vermin or other pests.
(7)Interior walls, floors, ceilings and woodwork. All interior walls, floors,
ceilings and associated woodwork or trim shall be in a professional-like
condition. These surfaces shall be clean and free of graffiti. Floors
shall be free of loose, warped, protruding, ripped or rotten materials and
coverings. All walls and ceilings shall be free of holes, large cracks and
loose plaster and in a tight weatherproof condition.
Sec. 9-97. Basic facilities.
The following facilities shall be in every occupied dwelling unit and rooming house,
except as stated in Section 9-102:
(1)Kitchen facilities. A kitchen which includes the following:
a.A functioning kitchen sink.
b.Cabinets or shelves for the storage of eating, drinking and cooking equipment,
utensils and food that does not require refrigeration. There shall also
be a counter or table for food preparation. Said cabinets or shelves
and counter or table shall be large enough to accommodate the number of
people living in the dwelling unit. They shall also be of professional-
like construction, finished with surfaces that are easily cleanable and
that will not impart any toxic or harmful effect to food.
c.A functioning stove and refrigerator large enough to meet the needs of the
resident. The owner shall provide enough space and adequate connections
for the installation and operation of said stove and refrigerator. The
resident or owner shall provide said stove and refrigerator.
(2)Toilet. There shall be a nonhabitable room with an entrance door which gives
privacy to a person within said room. This room shall have a functioning
toilet in professional-like condition with easily cleanable surfaces.
(3)Lavatory sink. There shall be a lavatory sink in good working condition. It may
be in the same room as the toilet. If the lavatory sink is in another room,
it shall be near the door leading directly into a room with a toilet. Water
inlets for lavatory sinks shall be above the overflow rim of the sink.
14 4-13-92
(4)Bathtub or shower. There shall be a room which affords privacy to a person
within said room which has a bathtub or shower. It shall be in good working
condition and may be in the same room as the toilet or in another room.
Water inlets for bathtubs shall be above the overflow rim of the bathtub.
(5)Connection to water and sewer system. Every kitchen sink, lavatory sink,
bathtub, shower and toilet shall connect to a public water and sanitary
sewer system. These facilities may connect to an approved private water and
sewer system if no public utility system is available. These plumbing
facilities shall have an adequate amount of hot and cold running water. The
heated water shall be at a minimum temperature of 120 degrees and a maximum
of 165 degrees.
(6)Heating system. Every rental residential building shall have an approved and
functioning heating system. This system shall safely heat all habitable
rooms, bathrooms and toilet rooms in the building. This system must provide
a temperature consistent with state and federal guidelines at three (3) feet
above the floor when occupied. The City shall not consider gas or electric
appliances designed primarily for cooking or water heating purposes as
heating facilities. The City prohibits the use of portable heating
equipment which uses flame and liquid fuel as heating equipment for this
Section. No owner or occupant shall install, or use a space heater using a
flame which is not vented to the outside of the structure. This venting
shall only be done with City approval.
(7)Refuse and garbage storage and removal. The owner shall supply approved
containers with tight-fitting covers for the storage of refuse and garbage.
The owner shall have the refuse and garbage removed from the premises at
least once a week.
Sec. 9-98. Maintenance.
(1)Plumbing and heating equipment. The owner shall maintain the plumbing and heating
equipment. This equipment shall be free from obstructions, leaks and
defects. Heating equipment shall include cooking, water heating and space
heating equipment.
(2)Electrical service, outlets, fixtures. All dwelling units and rooming units
shall have adequate and safe electrical service. Every electrical outlet and
fixture shall connect to the source of electrical power. All dwelling units
and rooming units shall have an adequate number of electrical outlets and
electrical lighting fixtures for normal usage.
(3)All facilities and equipment. All housing facilities shall be clean and in a
sanitary condition.
Sec. 9-99. Light and ventilation.
(1)Natural light in dwellings. Every dwelling unit and rooming unit shall have at
least one window of approved size facing directly to the outdoors or to a
court. If the dwelling unit or rooming unit is connected to a room or area
used seasonably (e.g. porch), then adequate daylight must be possible
through this connection.
(2)Light in nonhabitable work space. Every furnace room and all similar
nonhabitable work space shall have at least one functioning electric light.
(3)Light in halls and stairways. Every hall and inside stairway shall have at least
five (5) lumens per square foot of light in the darkest part.
15 4-13-92
(4)Sleeping space in basements. No person shall sleep in a basement unless there is
natural light from windows. These windows shall meet all building code
requirements. At least one-half of the required window area shall be
openable to provide natural ventilation.
(5)Adequate ventilation. Every dwelling shall have at least one window which can be
easily opened or such other device as will adequately ventilate the
dwelling.
(6)Ventilation and light in bathroom. Every bathroom and room with a toilet shall
have at least one openable window or an approved ventilation system.
Sec. 9-100. Fire safety standards.
(1)Exclusion of rental building from storing flammable liquid. No dwelling unit or
rooming unit shall be located within a building containing any business
handling, dispensing or storing flammable liquids with a flash point of one
hundred (100) degrees Fahrenheit. This is defined by the Uniform Building
Code (U.B.C.) and the Uniform Fire Code (U.F.C.).
(2)Smoke alarms. There shall be approved, functional smoke alarms in all rental
residential building and rooming houses as required by state law.
Sec. 9-101. Maintenance responsibilities.
(1)Maintenance of private areas. Occupants shall keep in a clean and sanitary
condition that part of the dwelling and premises which they occupy, control
or use.
(2)Maintenance of shared or public areas. Every owner, containing two (2) or more
dwelling units, shall maintain in a clean and sanitary condition all shared
or public areas on the premises.
(3)Disposal of garbage and refuse. Occupants and owners shall dispose of their
garbage and refuse in a clean and sanitary manner consistent with Chapter 16
of this Code. Occupants shall put their garbage and refuse in the
containers provided by the owner.
(4)Use and operation of plumbing fixtures. Every occupant shall keep the plumbing
fixtures clean and sanitary and shall use reasonable care in their proper
use and operation.
Sec. 9-102. Rooming houses.
(1)Toilet, lavatory and bath facilities. There shall be at least one functioning
toilet, lavatory sink and bathtub or shower for each four (4) rooming units
within a rooming house. This is wherever persons share said facilities.
The owner shall locate all such facilities within the residence building
served and be directly accessible from a common hall or passageway to all
persons sharing such facilities. The owner shall supply every lavatory sink
bathtub or shower with hot and cold water.
(2) A kitchen is not required in a rooming house. If a common kitchen is provided,
it shall be clean and sanitary.
Sec. 9-103. Vacant dwellings.
The owner of any unoccupied rental building, dwelling unit or rooming unit shall
board up or close and lock any open doors or windows.
Sec. 9-104. Access by owner or operator.
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Every occupant shall give the owner or operator, or his agent or employee, access to
any part of such dwelling unit, rooming unit or its premises. This access is to
be at reasonable times, for affecting inspection and maintenance, making such
repairs, or making changes to follow this article.
Sec. 9-105. Compliance orders.
Whenever the enforcement officer determines that any dwelling, dwelling unit or
rooming unit, or the premises surrounding any of these, fails to meet the
provisions of this article, he or she may issue a compliance order. This order
shall state the violations of the article and order the owner, occupant or
operator to correct such violations. This compliance order shall:
(1) Be in writing.
(2)Describe the location and nature of the violations of this article.
(3)Set the required corrective action and a time for the completion of the
correction of such violation. This compliance order shall also let the
owner or operator know of appeal recourse.
(4)Be served upon the owner, his agent or the occupant, as follows:
a.Served upon him or her personally, or
b.Sent by mail to his or her last known address, or
c.Posted at a conspicuous place in or about the dwelling which the notice affects.
Before taking any court action, the enforcement officer shall send a registered or
certified copy of the notice to the owner.
Sec. 9-106. Variances.
A person shall make appeals of interpretation or variance under this article to the
Director of Community Development. If not satisfied, a person may make further
appeal to the City Council according to established City procedures. The City
Council will hear requests for variance and interpretation of this article. The
City Council may grant variances in instances where the strict enforcement would
cause undue hardship because of circumstances unique to the individual property
under consideration. The City Council must also find that such action will be
in keeping with the spirit and intent of this article.
Sec. 9-107 Violations.
Any person, firm or corporation failing to follow this article shall be guilty of a
misdemeanor and shall be subject to prosecution.
Secs. 9-108 - 9-129. Reserved.
Section 2. This ordinance shall take effect after its passage.
Seconded by Councilmember RossbachAyes -all
S.Comprehensive Plan Update (4 Votes)
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a.Manager McGuire presented the staff report.
b.Councilmember Rossbach moved to approve the Comprehensive Plan Update subiect
to the review of the Metropolitan Council and adiacent cities.
Seconded by Councilmember Zappa Ayes -Councilmembers Zappa, Rossbach
Nays -Mayor Bastian, Councilmembers Carlson, Juker
Motion failed.
c.Councilmember Zappa moved to Council sit in special session in June to discuss
the Comprehensive Plan Update.
Motion failed for lack of a second.
d.Councilmember Carlson moved an informal Council session on June 2, 1992 at
6:00 P.M. to discuss the Comprehensive Plan Update.
Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmembers
Carlson, Juker, Zappa
6.Plantings in the Parks
a.Manager McGuire presented the staff report.
b.Director of Parks & Recreation Odegard presented the specifics of the report.
c.Commissioner Rita Brenner presented the Parks & Recreation Commission report.
d.Councilmember Rossbach moved to authorize the Park & Recreation Commission to
interview landscape architects for assistance and cooperation of
plantings in the parks.
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays -Councilmember Juker
NEW BUSINESS
l.Selection of Insurance Agents
a.Manager McGuire presented the staff report.
b.Director of Finance Faust presented the specifics of the report.
c.Mayor Bastian moved to accept the staff and consultant recommendation for
selection of the City's insurance agents for 1992.
Seconded by Councilmember Zappa Ayes -all
Councilmember Juker moved to waive the Rules of Procedure and extend the meeting
deadline until the Agenda is completed.
Seconded by Councilmember Zappa Ayes -Councilmembers Juker, Rossbach,
Zappa
Nays -Mayor Bastian, Councilmember
Carlson
2.Cooperative Agreement - Rice St. Improvements: Project 90-04
a.Manager McGuire presented the staff report.
b.Director of Public Works Haider presented the specifics of the report.
18 4-13-92
c.Councilmember Zappa introduced the following Resolution and moved its
adoption:
92 - 04 - 38
APPROVING COOPERATIVE AGREEMENT
BE IT RESOLVED that the City of Maplewood enter into Agreement No. 69062
with the State of Minnesota, Department of Transportation for the
following purposes, to-wit:
To provide for payment by the City to the State of the City's share of the
costs of the storm sewer, and curb and gutter construction and
other associated construction to be performed upon, along and
adjacent to Trunk Highway No. 49 (Rice Street) from Engineer
Station 5+96.86 (Hoyt Avenue in the City of St. Paul) to
Engineer Station 111+05.21 (Demont Avenue in the City of Little
Canada) under State Project No. 6214-66 (T.H. 49=126), and State
Aid Projects No. 138-010-07 and No. 138-020-17.
BE IT FURTHER RESOLVED that the proper City officers are hereby authorized
and directed to execute such agreement.
Seconded by Councilmember ]uker Ayes -all
3.Approval of Agreement - Highwood/McKnight Outlet: Project 90-10
a.Manager McGuire presented the staff report.
b.Director of Public Works Haider and City Attorney Kelly presented the
specifics of the report.
c.Councilmember Zappa moved to approve the agreement between the City of St.
Paul and Maplewood pertaining to the Highwood/McKnight Outlet,
Project 90-10.
Seconded by Councilmember ]uker Ayes -all
4.Land Use Plan Change: Maryland Ave. & Lakewood Drive
a.Manager McGuire presented the staff report.
b.Director of Community Development Olson presented the specifics of the report.
c.Councilmember Rossbach moved to extend the current Land Use Plan for this area
for one year before considering a change.
Seconded by Councilmember ]uker Ayes -all
S.Schedule Meeting to Review 1991 Annual Financial Report
a.Manager McGuire presented the staff report.
b.Mayor Bastian moved to schedule a meeting with the auditors on April 27, 1992
prior to the regular meeting.
19 4-13-92
Seconded by Councilmember ]uker Ayes -all
K. VISITOR PRESENTATIONS
1.]ack Phelps, Developer of Maplewood Estates 2nd Addition
a.Mr. Phelps requested he be placed on the agenda for the next Council meeting.
No action was taken.
L. COUNCIL PRESENTATIONS
1.Council/Manager Meeting
a.Council Member ]uker regiested a meeting to established to discuss Public
Safety items.
b.Councilmember Zappa moved the Council/Manager meeting be held at 6:00 p.m. on
April 20, 1992.
Seconded by Mayor Bastian Ayes -all
2.Road Posting
a.Councilmember Rossbach stated that Hazelwood is posted for 3 tons. Busses are
running on that street; he asked who makes the policy.
b.Staff stated the City posts their own streets.
c.Councilmember Rossbach moved to instruct staff to prepare a report on load
limits.
Seconded by Mayor Bastian Ayes -all
3.School District No. 623
a.Mayor Bastian reported he had received a communication from the Roseville
School District which he will submit to the Manager to share with
staff.
4.Water Project Update
a.Mayor Bastian inquired about the progress on the City-Wide Water Main Project.
b.Staff stated the contractor has already started the work.
20 4-13-92
M. ADMINISTRATIVE PRESENTATIONS
1.Community Center Schedule
a.Manager McGuire presented the proposed schedule for meetings regarding the
proposed Community Center.
b.Mayor Bastian moved acceptance of the schedule as presented.
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, Juke r, Rossbach
Nays -Councilmember Zappa
2.Workhouse Tour
a.Manager McGuire informed the Council the tour of the Workhouse would be April
30, 1992 at Noon.
N. ADJOURNMENT OF MEETING
Meeting adjourned at 11:11 P.M.
Lucille E. Aurelius
City Clerk
21 4-13-92