HomeMy WebLinkAbout07-08-91 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 8, 1991
Council Chambers, Municipal Building
Meeting No. 91-13
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. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
Joseph A. Zappa, Councilmember Present
D. APPROVAL OF MINUTES
1. Council/Planning Commission Meeting June 18, 1991
Councilmember Zappa moved to approve the minutes of the Council/Planning Commission
Meeting of June 18. 1991 as presented.
Seconded by Councilmember Carlson Ayes - M a y o r B a s t i a n,
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.
19911 as corrected:
Page 9, Item I.l.e: Add Councilmember Zappa to qye 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-5. PUD
L-7. Maplewood Historical Figures
L-8. Park Ranger
M-2. Council/Manager Meeting
Seconded by Councilmember Zappa Ayes - all
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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
Councilmember Rossbach moved seconded by Councilmember Juker: aver - all, to aoorove the
Consent Aoenda Items 1 thru 8 as recommended:
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 829,667.02 Checks #22540 - #22625
Dated 06-12-91 thru 06-28-91
$ 227.488.51 Checks #14003 - #14119
Dated 07-08-91
$1,057,155.53 Total per attached voucher/check
register
PAYROLL: $ 190,874.81 Payroll Checks dated 06-21-91
$ 37.910.96 Payroll Deductions dated 06-21-91
$ 228,785.77 Total Payroll
$1.285.941.30 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 in 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
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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 will consider the bids, and the award of a contract,
at the regular City Council meeting of July 22, 1991.
4. Municipal State Aid funding of $249,500 is hereby appropriated
for this project.
3. Fund Transfer - Project 90-07
Authorized transfer of $20,500 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.
4. Finat Plat: Crestview Forest Sixth Addition
Approved the Marvin Anderson Construction Company's 30-lot Crestview Forest
Sixth Addition final plat south of Mailand Road at Crestview Forest Drive.
5, Budget Transfer: 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 will 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
WITHIN 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,
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WHEREAS, the Metropolitan Council has been duly organized pursuant to
Minnesota Statutes 1976, Section 473.123, and has all of the powers and
duties of a housing and redevelopment authority pursuant to Minnesota
Statutes 1976, 473.193, under the provisions of the Municipal Housing and
Redevelopment Act, Minnesota Statutes 1976, Sections 472.411 and 462.711;
NOW, THEREFORE, BE IT RESOLVED that the Metropolitan Council is hereby
requested to include the City of Maplewood in an application for State
Deferred Loan Program funds, and that the City Manager is hereby authorized
to enter into any necessary agreement with the Metropolitan Council for
operating the Program within the City.
8. Proclamation - 1991 International Special Olympic Games
Issued the following Proclamation:
1991 INTERNATIONAL SPECIAL OLYMPICS GAMES
JULY 19-27, 1991
WHEREAS, the Eighth International Special Olympics Games for athletes
with mental retardation will be held in Minnesota; and
WHEREAS, the Eighth International Special Olympics Games has chosen the
theme of "Winning Over the World"; and
WHEREAS, this is the largest sporting event in the world held in 1991
and the largest international multi-sport event ever held in Minnesota; and
WHEREAS, local metropolitan businesses have shown their support in
funding this event so that the general public may attend free of charge; and
WHEREAS, persons with mental retardation and disabilities should be
recognized for their abilities and contributions to the world of sports; and
NOW, THEREFORE, BE IT RESOLVED, that I, Gary W. Bastian, Mayor of the
City of Maplewood, do hereby proclaim the week of July 19-27, 1991, as
1991 INTERNATIONAL SPECIAL OLYMPICS GAMES WEEK
in Maplewood, and call upon the citizens to observe 1991 INTERNATIONAL
SPECIAL OLYMPICS GAMES WEEK by actively promoting and participating in
activities and events that foster community and world inclusion.
AND, BE IT RESOLVED, that copies of this proclamation be transmitted to
the 1991 International Special Olympics Games Committee as evidence of our
esteem.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great
Seal of the City of Maplewood 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
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H. AWARD OF BIDS
1. Repairs to Hazelwood Fire Station
a. Manager. McGuire presented the staff report.
b. Mayor 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 539.560 to repair the roof of the
Hazelwood Station. roof drains to be installed by S.A.I. Construction in
the amount of 56.000. $1.150 to complete the electrical work. and to
authorize a budget transfer of $46.710 from the Contingency Account to
cover the cost of the work.
Seconded by Councilmember Juker Ayes - all
L 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
matter. The following were heard:
Rick Zachau, T-Birds
Tom Schuette, representative of Maplewood Square Associates
e. Councilmember Zappa moved to approve an additional reduction of 16 spaces in the
required number of parking spaces for T-Birds Sportsbar at 3035 White Bear
Avenue. on the basis that:
a. T-Bird's peak customer time is in the evening when many of the
shoos are closed.
b. There have not been any serious parkins problems at Maplewood
Square
c. There is a reciprocal parking agreement between this shoQping
center and the Maplewood Mall.
d. The outdoor seating would be a seasonal use, dependant on the
weather.
Seconded by Mayor Bastian Ayes - all
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f. Councilmember Rossbach moved to approve the fence design 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 building code requirements for wind loading. exiting
and door/pate 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
103E and 462, delegated the authority to local governmental units to adopt
regulations designed to lessen flood losses. Minnesota Statute, Chapter 103E
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, loss of property, health and safety hazards. Further, it is also 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
districts or land uses permitted within. such districts will 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.
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(b) Application. 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 district 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) Definitions. 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) Floodway: 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.
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(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 floodway.
(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) Overlay zoning regulations. A flood plain zoning district shall be considered
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 anew 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. -
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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 will 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) All 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.
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(6) Commercial and Manufacturing Uses. Accessory land uses, such as yards,
railroad tracks, and parking lots may be at elevations lower than the
Regulatory Flood Protection Elevation. However, the City shall not
grant a permit for such facilities for use by the employees or the
public without a flood warning system that provides .adequate time for
evacuation if the regional flood would inundate the area to a depth
greater than two feet or subject the area to flood velocities greater
than four feet per second.
(7) On-site Sewage Treatment and Water Supply Systems. Where the City has
not provided public utilities, then the owner shall conform with
following conditions:
a. A person shall design on-site water supply systems to lessen or
eliminate infiltration of flood waters into the systems; and
b. A person shall design new or replacement on-site sewage
treatment systems to lessen or eliminate infiltration of flood
waters into the. systems and discharges from the systems into
flood waters. Such systems shall not be subject to impairment
or contamination during times of flooding. The City shall
determine that any sewage treatment system designed according to
the State's standards to be in compliance with this Section.
(8) The owner of a manufactured home must securely anchor it to an
adequately anchored foundation system that resists flotation, collapse
and lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring code
requirements for resisting wind forces.
(c) Flood plain evaluation.
(1) Upon receipt of an application for a permit, manufactured home park
development or subdivision approval within the flood plain district, the
Director shall require the applicant to furnish plans and
hydrologic/hydraulic analysis by a qualified engineer or hydrologist
specifying the nature of the development. This analysis shall also show
whether the proposed use is located in the floodway or flood fringe and
the Regulatory Flood Protection Elevation for the site. The City
engineer or hydrologist shall follow procedures consistent with
Minnesota Rules 1983 Parts 6120.5600 (Technical Standards and
Requirements For Floodplain Evaluation) and 6120.5700 (Minimum
Floodplain Management Standards for Local Ordinances). These procedures
are to be used during the technical evaluation and review of the
development proposal.
(2) The Director shall submit one copy of all information required by
section 36-499 (c) (1) to the respective Department of Natural
Resources' Area Hydrologist. This is for D.N.R. review and comment.
The Director shall submit this information at least 20 days before the
City grants a permit or manufactured home park development/subdivision
approval. The Director shall notify the respective Department of
Natural Resources Area Hydrologist within 10-days after the City grants
a permit or approves manufactured home park development/subdivision.
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Sec. 36-500. Utilities, railroads, roads and bridges.
All utilities and transportation facilities, including railroad tracks, roads and
bridges, shall be constructed according to state flood plain management standards
contained in Minnesota Rules 1983 Parts 6120.5000 - 6120.6200.
Sec. 36-501. Subdivisions and manufactured homes.
(a) No person shall subdivide land or develop or expand a manufactured home park
where the City Council has determined the site to be unsuitable. The City
Council shall make the determination of unsuitability based on flooding or
inadequate drainage, water supply or sewage treatment facilities. The City
Council shall review the subdivision/development proposal. This review is to
insure that each lot or parcel contains enough area outside the floodway for fill
placement for elevating structures, sewage systems and related activities.
(b) In the Flood Plain District, applicants for subdivision approval or development
of a manufactured home park or manufactured home park expansion shall provide the
information required in Section 36-499(c)(1). The Director shall review the
proposed subdivision or manufactured home park development in according to the
standards established in this ordinance.
(c) The applicant for a subdivision in the flood plain shall clearly label the
- Floodway and Flood Fringe boundaries on all required application documents and
drawings. The applicant shall also show the Regulatory Flood Protection
Elevation and the required elevation of all access roads and streets on all
required application drawings and documents.
(d) Removal of Special Flood Hazard Area Designation. 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 include specific fill
compaction and side slope protection standards for multi-structure or multi-lot
developments. A person should investigate these standards if they are requesting
a change to the special flood hazard area before the initiation of site
preparation.
Sec. 36-502. Administration.
(a) Permit required. A person shall secure a permit issued by the City before doing
any of the following:
(1) the construction, addition, or alteration of any building or structure.
(2) changing the use of a building, structure, or land;
(3) changing, extending or enlarging a nonconforming use; and
(4) excavating or placing an obstruction within the flood plain.
(b) State and federal permits. Before granting a City permit or processing an
application for a variance, the City shall determine that the applicant has
obtained all necessary State and Federal permits.
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(c) Certification of Lowest floor Elevations. The City shall require the applicant
to submit certification by a registered professional engineer, registered
architect, or registered land surveyor about accomplishing the finished fill and
building elevations in compliance with this ordinance. The building official
shall maintain a record of the elevation of the lowest floor (including basement)
for all new structures. The building official shall also maintain a record of
lowest floor elevations for alterations or additions to existing structures in
the floodplain district.
Sec. 36-503. Variances.
(a) A variance means a change to a specific permitted development standard required
in an official control including this ordinance. This change is to allow an
alternative development standard- not stated as acceptable in the official
control, but only as applied to a particular property. This is to lessen a
hardship, practical difficulty or unique circumstance.
(b) In granting a variance, the City Council shall clearly identify in writing the
specific conditions that existed justified the granting of the variance.
(c) The City Council may approve variances from the this ordinance. To do so, the
City Council make the findings required fora variance in State law. No variance
shall allow a use prohibited in that district or permit a lower degree of flood
protection then the Regulatory Flood Protection Elevation. A person may use a
variance to change permissible methods of flood protection.
(d) The Director shall submit by mail to the Commissioner of Natural Resources a copy
of the application for proposed variance. The Director shall mail such notice
at least ten days before the hearing. The Director shall send a copy of all
decisions granting a variance by mail to the Commissioner of Natural Resources
within ten (10) days of such action.
(e) Flood insurance notice and record keeping. The Director shall let the applicant
far a variance know that:
(1) The issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood. insurance up to
amounts as high as $25 for $100 of insurance coverage; and
(2) Such construction below the 100-year or regional flood level increases
risks to life and property. The City shall maintain such notification
with a record of all variance actions. The City shall maintain a record
of all variance actions, including justification for their issuance.
The City shall also report such variances issued in its annual or
biennial report submitted to the Administrator of the National Flood
Insurance Program.
Sec. 36-504. Nonconformities.
A person may continue to use a structure or premises which was lawful before the
passage or amendment of this article but is not in conformity with this article.
Such use is subject to the following conditions:
(1) No person may expand, change, enlarge, or alter a nonconforming use in
a way which increases its nonconformity.
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(2) An alteration within-the inside dimensions of a nonconforming use or
structure is permissible. This is allowed only if it will not result in
increasing the flood damage potential of that use or structure.
(3) The cost of all structural alterations or additions both inside and
outside a structure to any nonconforming structure over the life of the
structure shall not exceed 50 percent of the market value of the
structure unless the owner has satisfied the conditions of this section.
The City must calculate the cost of all structural alterations and
additions to a structure since the adoption of the City's initial flood
plain controls on July 28, 1986. The City must calculate these costs
into current costs and include all costs such as construction materials
and a reasonable cost placed on all labor. If the current cost of all
previous and proposed alterations and additions exceeds 50 percent of
the current market value of the structure, then the structure must meet
the standards of Section 36-499 for new structures.
(4) If any nonconforming use of a structure or land or nonconforming
structure is destroyed by any means, including floods, to an extent of
50 percent or more of its market value at the time of destruction, the
owner shall not reconstruct it except in conformity with this ordinance.
The City Council may issue a permit for reconstruction if the use is not
in the floodway and, upon reconstruction, the owner adequately elevates
it on fill in conformity with this article.
Sec. 36-505. Penalties for violation.
A violation of the provisions of this article or failure to follow any of its
requirements (including violations of conditions and safeguards established about the
granting of variances) is a misdemeanor.
(1) In responding to an ordinance violation, the City may request that the
National Flood Insurance Program deny flood insurance to the guilty
party. The City shall act in good faith to enforce these official
controls and to correct ordinance violations when possible.
(2) When an alleged violation is discovered by or shown to the Director, the
Director shall investigate the situation. The Director shall document
the nature and extent of the alleged violation of the official control.
As soon as is possible, the City will submit this information to the
proper Department of Natural Resources' and Federal Emergency Management
Agency regional office. The City will also submit its plan of action to
correct the violation to these agencies.
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(3) The Director shall notify the suspected party of the pertinent
requirements of this article and all other official controls. The
Director shall also notify the person in question about the nature and
extent of the suspected violation of these controls. If the structure
and/or use is under construction or development, the Director may order
the construction or development immediately halted. This construction
or development moratorium shall be in force until the City grants a
permit or approval. If the responsible party has completed the
construction or development, 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 compliance 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
of Community Development within the specified time, each additional day
that lapses is an additional ordinance violation. The City may
prosecute such violations accordingly. The Director shall also, upon
the lapse of the specified response time, notify the property owner to
restore the land to the condition which existed before the violation of
this article.
Sec. 36-506. Amendments.
The City shall submit all amendments to this article, including revisions to the
official flood plain zoning district map, to be approved by the Commissioner of
Natural Resources before adoption. The City shall not remove the flood plain
designation on the official flood plain zoning district map unless the owner fills
the area to an elevation at or above the regulatory flood protection a}evation and
is contiguous to lands outside the flood plain. Changes in the official zoning map
must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and
Criteria and must receive prior FEMA approval-before adoption. The Commissioner of
Natural Resources must be given 10-days written notice of all hearings to consider
an amendment to this article. This notice shall include a draft of the amendment or
technical study under consideration.
Sec. 36-507. Travel trailers and travel vehicles.
(a) Travel trailers and travel vehicles that do not meet the exemption criteria
specified in Section 36-507 (1) (a) below shall be subject to the provisions of
this article. Travel trailers and travel vehicles shall also be subject to the
conditions listed in-the sections below.
(1) Exemption. Travel trailers and travel vehicles are exempt from the
provisions of this ordinance if their owner places them in any of the areas
listed in Section 36-507(1)(b) below and if they meet the following
criteria:
a. Nave .current licenses required for highway use.
b. Are highway ready meaning on wheels or have an internal jacking system
and that the owner has attached it to the site only by quick disconnect
type utilities commonly used in campgrounds and trailer parks. The
travel trailer/travel vehicle must alsoe not have -any permanent
structural additions attached to it.
c. The travel trailer or travel vehicle and associated use must be an
allowed use in the underlying zoning district.
(2) Areas exempted for placement of travel/recreational vehicles:
a. Individual lots or parcels of record.
b. Existing commercial recreational vehicle parks or campgrounds.
c. Existing condominium-type associations.
14 7-8-91
(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 accessory
structures as a new structure. The travel trailer/travel vehicle shall then be
subject to the elevation requirements and the use of land restrictions specified
in this article.
(c) New commercial travel trailer or travel vehicle parks or campgrounds and new
residential type subdivisions and condominium associations and the expansion of
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).
b. Proper elevated road access to the site exists according 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 is according to the following provisions:
a. The applicant must submit an emergency plan for the safe evacuation of
all vehicles and .people during the 100-year flood. A registered
engineer or other qualified individual shall prepare said plan. 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).
Secs. 36-508 - 36-560. Reserved.
Section 2. This ordinance shall take effect after its passage.
Seconded by Councilmember Carlson Ayes - all
15 7-8-91
J. NEW BUSINESS
1. Stop Sign - Holloway and Howard
a. Manager McGuire presented the staff report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following was heard:
A letter was read from William Hahn, 2234 Holloway Avenue
d. Councilmember Zappa moved to accent staff recommendation and take no action.
Seconded by Councilmember Rossbach Ayes - all
2. 1992 Council/Senior Management Goal Setting Workshop
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach moved to authorize payment of the 25% required to reserve
January 30 and 31. 1992 for the Council/Management Team Goal Setting Workshop at
Riverwood Conference Center.
Seconded by Mayor Bastian Ayes - all
3. Authorization to Hire Receptionist
a. Manager McGuire presented the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
c. Councilmember Zappa moved to authorize hiring a full-time emolovee for the
position of receptionist.
Seconded by Councilmember Carlson Ayes - Councilmembers Carlson,
Rossbach, Zappa
Nays - Mayor Bastian, Councilmember
Juker
Council instructed the Manager to investigate alternatives regarding back up
for the receptionist and if that position could be trained for other duties.
4. Selection of Consolidation Study Commission Members
a. Manager McGuire presented the staff report.
b. Assistant Manager Maglich presented the specifics of the report.
16 7-8-91
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
d. Councilmember Juker moved to select the Citv Manager to aoaly for membership on
the Ramsev County Local Government Cooperation and Consolidation Studv
Commission.
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker,
Rossbach, Zappa
Nays - Mayor Bastian
Mayor Bastian moved to waive the Rules of Procedure and place Item K. Visitor
Presentation. on the Agenda at this time.
Seconded by Councilmember Carlson Ayes - all
K. VISITOR PRESENTATION
1. Olaf Severson, 2016 Greenbriar, Boy Scout Troop 50, appeared before the Council.
a. Mr. Severson stated he is working toward the Eagle Scout Award and one
of the requirements is that he attend a City Council meeting.
Councilmember Rossbach moved a coov 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 cal}ed
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 adoption:
91-7-81
RESOLUTION TO ACQUIRE TAX-FORFEITED PROPERTY
WHEREAS, the parcel described as Lot 9, Block 14, St. Aubin and Dion's
Rice Street Addition to the City of St. Paul, Ramsey County, Minnesota: PIN
18-29-22-34-0074-8, is necessary for storm water ponding purposes, and;
WHEREAS, acquisition of the above-referenced parcel would be consistent
with the City'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 this Resolution and application for fee title
ownership of said tax-forfeited land in the office of the Land Commissioner.
Seconded by Councilmember Rossbach Ayes - all
6. 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 aoorove the 1991 Bituminous Overlav Proiect
as recommended by staff.
Seconded by Councilmember Rossbach Ayes - all
7. Change Order - City Wide 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 oavment for said off-
site improvements.
Seconded by Councilmember Zappa Ayes - all
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 trimming.
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 grade 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
brid e.
Seconded by Councilmember Zappa Ayes - all
4. HAZMAT
a. Councilmember Juker presented a report and commented that money is being
removed from the HAZMAT fund for management fees. That provision was
not included in 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.
1. Staff stated 4 reservations had been made.
19 7-8-91
b. St. John's Hospital is having an open house for their Maternity Wing on
Wednesday, 7-IO-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 Rodeside 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.
6. P.U.D.s
a. Mayor Bastian stated that at the Planning Commission Meeting there were
questions about P.U.D.s.
b. Mayor Bastian moved to refer to leoal staff to listen to taae and research the
auestions 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. League of
Minnesota Cities for copies of anv policies they 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 Drogram.
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 sugoested 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 a.m.
Seconded by Councilmember Zappa Ayes - all
N. ADJOURNMENT
Meeting adjourned at 9:24 P.M.
Lucille E. Aurelius
City Clerk
21 7-8-91