HomeMy WebLinkAbout01-22-1996 MINUTES OF MAPLEWOOD CITY COUNCIL
` 7:00 P.M., Monday, January 22, 1996
Council Chambers, Municipal Building
Meeting No. 96-02
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
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember. Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Council/Manager Meeting of January 4, 1996
Councilmember Carlson moved to approve the minutes of Council/Manager
Meeting of Januarv 4. 1996 as presented.
Seconded by Councilmember Koppen. Ayes - all
- 2. Minutes of Meeting 96-01, (January 8, 1996)
Councilmember Rossbach moved to approve the minutes of Meeting No. 96-Oi
(Januarv 8. 1996) as presented.
Seconded by Councilmember Allenspach Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
Ll Smoking Compliance Checks
L2 Mayor's Update
Seconded by Councilmember Rossbach Ayes - all
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EA. APPOINTMENTS/PRESENTATIONS
NONE
F. CONSENT AGENDA:
Councilmember Carlson moved seconded by Councilmember Koppen: ayes - all. to approve
the Consent Agenda. Items F1 thru F9. as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE:
$ 12,812.82 Checks #6029-#6031 Dated 12-29-95 for period 12-Dec.1995
3 89,823.56 Checks #23381-#23456 Dated 1-9.96 for period 12-Dec.1995
3 83,549.12 Checks #fi032•#6041 Dated 1-2-96 thru 1-3.96 for period 14-Jan.1996
~ 44,189.17 Checks #23379-#23453 Dated 1-9-96 for period 14-Jan.1996
$ 103,320.69 Checks #6045•#6047 Dated 1-4.96 thru 1-5-96 for period 12•Dec.1995
3 64,131.36 Checks #23465•#23591 Dated 1.16-96 for period 12•Dec.1995
3 256,368.63 Checks #6042-#6057 Dated 1-4-96 thru 1.10.96 for period 14-Jan.1996
3 61.230.17 Checks #23466•#23592 Dated 1-16.96 for period 14-Jan.1996
3 715,335.52 Total Accounts Payable
PAYROLL:
$ 305,928.91 Payroll Checks Dated 1-12.96
3 48.649.83 Payroll Deduction Checks #50039-#50052 Dated 1-12-96 -
- $ 354,578.91 Total Payroll
31.069.914.26 GRAND TOTAL
2. Ambulance Bill - Application for Cancellation tGArbunow)
Authorized cancellation of a 3493.40 ambulance bill for James Gorbunow.
3. Ambulance Bill - Application for Cancellation (Schultz)
Authorized cancellation of a 3531.30 ambulance bill balance for Bill
Schultz.
4. Budget Adjustment for Sewage Treatment Costs
Authorized an appropriation of 349,440 be made from the Sewer Fund
unappropriated retained earnings to finance sewage treatment expenses for
1995.
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5. Conditional Use Permit Review - 2873 Highway 61 North (Maplewood Toyota)
Reviewed and approved for renewal the Conditional Use Permit for Maplewood
Toyota at 2873 Highway 61 North. The CUP will not be reviewed again Unless
a problem arises.
6. Board of Adjustment - Dissolution
Authorized dissolution of the Board of Appeals.
7. Holiday Differential - Temporary/Seasonal Employees
Authorized establishment of a E2 per hour differential for temporary and
seasonal employees who are required to work on New Year's Eve, New Year's
Day, Memorial Day, the 4th of July and the day after Thanksgiving.
8. Railroad Lease Buyout
Approved the following Resolution:
96 - O1 - 03
APPROVING LEASE AGREEMENT
WHEREAS, the City Council of the City of Maplewood, Ramsey County,
Minnesota, has previously entered into lease agreements with the Chicago and
Northwestern Transportation Company which call for annual lease payments for
utility crossings and railroad right-of-way encroachments.
WHEREAS, the Union Pacific Railroad Company, successor company of the
Chicago and Northwestern Transportation Company, now wishes to amend the
lease agreement through a one-time buyout in lieu of annual lease payments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
That a one-time buyout fee in the amount of 35,450.00, leases 90227,
90252 and 90311 shall be amended to eliminate the annual lease payments and
the amendments are hereby approved for execution by the Mayor and City
Clerk.
9. Non-Union Wage Adjustment.
Authorized 3X general wage increases effective 1-1-96. 1-1-97 and 1-1-98 for
all non-union employees, except the new Fire Chief position, which will
receive 3X increases effective 1-i-97 and 1-1-98.
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G. PUBLIC HEARINGS
1. 7:00 P.M.(7:06 P.M.): Ismaili Muslim Community Church (1460 Skillman Avenue)
a. Mayor Bastian convened the meeting for a public hearing regarding a
request from the Ismaili Muslim Community Church for approval to use the
former Ramsey County Library building at 1460 Skillman as a church.
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Val Davis, representing the Ismaili Church
f. Mayor Bastian closed the public hearing.
Land use Plan Change (L to C)
g. Councilmember Carlson introduced the following Resolution and moved its
adoption:
96 - 01 - 04
LAND USE PLAN CHANGE (L TO C)
WHEREAS, Ms. Val Davis (for the Ismaili Muslim Community Church) applied for a
change to the City's land use plan from L (library) to C (church).
WHEREAS, this change applies to the property at 1460 Skillman Avenue.
WHEREAS, the history of this change is as follows:
1. The Planning Commission held a public hearing on January 2, 1996. The City
staff published a hearing notice in the Maplewood Review and sent notices to
the surrounding property owners. The Planning Commission gave everyone at
the hearing a chance to speak and present written statements. The Planning
Commission recommended that the City Council approve the plan amendment.
2. The City Council discussed the plan amendment on January 22, 1996. They
considered reports and recommendations from the Planning Commission and City
staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above described
change for the following reasons:
1. A church would have less affect on neighborhood traffic than an office
building or the former library.
2. A church would be just as compatible as an office or library with the
existing and planned land uses around this site.
Seconded by Councilmember Koppen Ayes -all
4 1-22-96
Conditional Use Permit
h. Councilmember Carlson introduced the followino Resolution and moved its
adoption:
96 - O1 - 05
CONDITIONAL USE PERMIT FOR CHURCH
WHEREAS, Ms. Val Davis (for the Ismaili Muslim Community Church) applied
for a conditional use permit to open a church.
WHEREAS, this permit applies to 1460 Skillman Avenue. The legal
description is:
Blocks 28 and 29, Gladstone Plat 2, Ramsey County, Minnesota.
WHEREAS, the history of this conditional use permit is as follows:
1. On January 2, 1996, the Planning Commission recommended that the
City Council approve this permit.
2. The City Council held a public hearing on January 22, 1996. The City
staff published a notice in the paper and sent notices to the
surrounding property owners. The Council gave everyone at -the
hearing a chance to speak and present written statements. The
Council also considered reports and recommendations of the City
staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described conditional use permit, because:
1. The use would be located, designed, maintained, constructed and
operated to be in conformity with the City's Comprehensive Plan and
Code of Ordinances.
2. The use would not change the existing or planned character of the
surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials,
_ equipment or methods of operation that would be dangerous,
hazardous, detrimental, disturbing or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dust, odor,
fumes, water or air pollution, drainage, water run-off, vibration,
general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local
streets and would not create traffic congestion or unsafe access on
existing or proposed streets.
6. The use would be served by adequate public facilities and services,
including streets, police and fire protection, drainage structures,
water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
5 1-22-96
8. The use would maximize the preservation of and incorporate the
site's natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans the City received on
November 15, 1995. The Director of Community Development may
approve minor changes. The City Council must approve a conditional
use permit revision for any expansion of the church building or
parking lot.
2. The building must be used for a church within one year of Council
approval or the permit shall end. The City Council may extend this
deadline for one year.
3. Fill any potholes in the parking lot and driveways (code
requirement).
4. Sweep and restripe the parking lot to current City Code
requirements.
5. Remove and clean up any junk or garbage on the property.
6. The church shall keep any outdoor trash or recycling containers in
a 100 percent opaque enclosure, as required by code. The design of
the enclosure shall be subject to staff approval.
7. Any outside remodeling shall be subject to the approval of the
Community Design Review Board and Building Official. Any inside
remodeling shall be subject to the approval of the Building Official
and the Fire Marshal.
8. The City Council shall review this permit in one year.
Seconded by Councilmember Koppen Ayes - all.
Street Vacation (Barclay Street)
_ i. Councilmember Carlson introduced the following Resolution and moved its
adoption:
96 - O1 - 06
STREET VACATION - PORTION OF BARCLAY STREET RIGHT-OF-WAY
WHEREAS, Community Development Director applied for the vacation of the
following-described street:
The Barclay Street right-of-way between the south right-of-way line
of Skillman Avenue and the south property line of Blocks 28 and 29,
Gladstone Plat 2 or the north property line of the DNR Gateway Trail
in Section 15, Township 29, Range 22 in Ramsey County Minnesota.
6 1-22-96
WHEREAS, the history of this vacation is as follows:
1. On January 2, 1996, the Planning Commission recommended that the City
Council approve this vacation.
2. On January 22, 1996, the City Council held a public hearing. The City
staff published a notice in the Maplewood Review and sent a notice to
the abutting property owners. 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:
Blocks 28 and 29, Gladstone Plat 2, Ramsey County, Minnesota
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.
2. The City has no plans to build a street in this location.
3. The adjacent properties have street access.
4. The County has been using this right-of•way for a parking lot.
Seconded by Councilmember Koppen Ayes - all
2. 7:15 P.M.(7:16 P.M.): AT&T Tower (1899 Clarence Street)
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposal to install a 150'-tall cellular-telephone tower facility behind
the storage garage at 1899 Clarence Street.
b. Manager Mc6uire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Rossbach presented-the Planning Commission report.
e. Boardmember Erickson presented the Community Design Review Board report.
f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Peter Beck, representing AT&T
Ted Olson, AT&T Wireless Services
g. Mayor Bastian closed the public hearing.
7 1-22-96
Tower Moratorium Variance
h. Councilmember Koppen introduced the following Resolution and moved its
adoption:
96-01-07
MORATORIUM VARIANCE RESOLUTION
WHEREAS, AT&T Wireless Services applied for a variance from the
Moratorium Ordinance.
WHEREAS, this variance applies to 1899 Clarence Street. The legal
description is:
Lots 2-6, Lot 22 and the south 25 feet of Lot 23 in Block'6,
Gladstone.
WHEREAS, the Maplewood Code of Ordinances requires a moratorium against
_ the installation of any communications towers for one year, unless the
Council adopts new regulations sooner.
WHEREAS, the applicant is proposing to install a cellular telephone
tower contrary to the provisions of the Ordinance.
WHEREAS, the history of this variance is as follows:
1. On January 16, 1996, the Planning Commission recommended that the
City Council.. approve this variance.
2. The City Council held a public hearing on January 22, 1996. City
staff published a notice in the Maplewood Review and sent notices to
the surrounding property owners as required by law. The Council
gave everyone at the hearing an opportunity to speak and present
written statements. The Council also considered reports and
recommendations from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described variance for the following reasons:
1. The proposed AT&T monopole and building installation would be
compatible with the existing and proposed land uses and zoning.
2. 94X of the .surrounding neighbors notified of this project voiced
no objection to this request.
3. The use would be in keeping with the spirit and intent of the
ordinance because of compatibility.
4. The proposed facility is needed to improve service to AT&T's
users based on their tower-spacing requirements.
5. The proposed monopole would not cause any radio or television
interference.
8 1-22-96
6. The proposed monopole would be designed by a qualified
structural engineer and is designed and warranted to withstand
substantial direct wind, upward to 90 mile per hour, and
further, is designed to crumple into itself if failure should
occur.
7. All setback and building code requirements would be met.
8. The facility has met with the approval of the Maplewood
Community Design Review Board.
Seconded by Councilmember Carlson ayes - Councilmembers Allenspach,
Carlson, Koppen
Nays -Mayor Bastian, Councilmember
Rossbach
Street Vacation (Curve Street
i. Councilmember Carlson moved to take no action on the street
vacation.
Seconded by Councilmember Koppen Ayes - Mayor Bastian, Councilmembers
Carlson, Koppen Rossbach
Nays - Councilmember Allenspach
Conditional Use Permit
j. Councilmember Koppen introduced the followin4 Resolution and moved its
adoption:
96 - O1 - 08
CONDITIONAL USE PERMIT - CELLULAR TELEPHONE TOWER
WHEREAS, AT&T Wireless Services applied for a conditional use permit to
install a 150-foot-tall cellular telephone tower.
WHEREAS, this permit applies to 1899 Clarence Street. The legal
description is:
Lots 2-6, Lot 22 and the south 25 feet of Lot 23 in Block 6,
Gladstone.
WHEREAS, the history of this conditional use permit is as follows:
1. On January 16, 1996, the Planning Commission recommended that
the City Council approve this permit.
2. The City Council held a public hearing on January 22, 1496.
City staff published a notice in the paper and sent notices to
the surrounding 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 of the City staff and Planning Commission.
9 1-22-96
NOW, THEREFORE. BE IT RESOLVED that the City Council approve the above•
described conditional use permit, because: '
1. The use would be located, designed, maintained, constructed and
operated to be in conformity with the City's Comprehensive Plan
and Code of Ordinances.
2. The use would not change the existing or planned character of
the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials,
_ equipment or methods of operation that would be dangerous,
hazardous, detrimental, disturbing or cause a nuisance to any
person or property, because of excessive noise, glare, smoke.
dust, odor, fumes, water or air pollution, drainage, water run-
off, vibration, general unsightliness, electrical interference
or other nuisances.
5. The use would generate only minimal vehicular traffic on local
streets and would not create traffic congestion or unsafe access
on existing or proposed streets.
6. The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
8. The use would maximize the preservation of and incorporate the
site's natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions::
1. All construction shall follow the site plan approved by the
_ City. The Director of Community Development may approve minor
changes and enter into an agreement with AT&T to use public
right•of•way.
2. The proposed construction must be substantially started within
orie year of Council approval or the permit shall become null and
void. The Council may extend this deadline for one year.
3. The City Council shall review this permit in one year.
4. The property owner shall dedicate a utility easement for storm
sewer purposes to the City of Maplewood over, under and across
the North 10.00 feet of the West 65.00 of Lot. 2, Block 6,
6LADSTONE, Ramsey County, Minnesota.
10 1-22-96
5. The applicant, AT&T Wireless Services, understands that the City
may enact an Ordinance regarding the placement, size and the
imposition of a franchise fee once the moratorium is over and
may subject the property to all valid franchises enacted by the
City.
Seconded by Councilmember Carlson Ayes - Councilmembers Allenspach,
Carlson, Koppen
Nays - Mayor Bastian, Councilmember
Rossbach
Design Approval
k. Councilmember Koppen moved to a rove the tans date-stam ed December
21 1995 for a 150-foot-tall cellular to ephone tower and equipment
building at 1899 Clarence Street Approval is based on the findings
required by code and subiect to the applicant doing the following:
1. Repeat this review in one year if the City has not issued a
building permit for this project.
2. Obtain the following City Council approvals:
a. A variance from the Moratorium Ordinance.
b. A conditional use permit.
c. The vacation of Curve Street west of Woodbury
Mechanical's property, or license agreement for use, if
legally possible.
3. Before getting a building permit the applicant shall submit
revised building elevations, for staff approval, showing a hip
roof on the proposed equipment building. The color of the
building shall. match, or be compatible, with Woodbury
Mechanical's building.
4. Before getting a certificate of occupancy, the applicant shall:
a. Remove and dispose of the round concrete culvert sections
- behind the Woodbury Mechanical building and make sure the
_ site is cleaned up.
b. Relocate or remove the semi-trailer, truck and small
flat-bed trailer from the north side of the Woodbury
Mechanical building to allow access to AT&T's two
parking spaces.
c. Pave a driveway extension and two striped parking spaces
for this facility (code requirement).
5. If any required work is not done, the City may allow temporary
occupancy if:
a. The City determines that the work is not essential to
the public health, safety or welfare.
b. The City receives a cash escrow or an irrevocable letter
of credit for the required work. The amount shall be
150% of the cost of the unfinished work.
11 1-22-96
6: All work shall follow the approved plans. The Director of
Community Development may approve minor changes.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen
Nays - Councilmember Rossbach
COUNCIL DIRECTED STAFF TO NEGOTIATE AN AGREEMENT BETWEEN THE CITY AND AT&T
FOR A RENTAL FEE FOR THE TOWER.
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Holiday StationStore (Lower Afton and Md(night Roads)
a. Manager McGuire presented the staff report.
b. Director of Community Development Coleman presented the specifics of the
report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Gary Gonrud, Real Estate Attorney with Holiday
Mark Nelson. Holiday Companies
Emil Sturzinegger, Connemara Condominiums
Will Rossbach, Maplewood Planning Commission
d. Mayor Bastian moved to table until the February 12, 1996 meeting to
allow Holiday Companies to revise the placement of the ingress and
egress.
2. Shoreland Ordinance (2nd Reading)
a. Manager McGuire presented the staff report.
b. Director of Community Development Coleman presented the specifics of the
report..
12 1-22-96
c. Councilmember Koppen introduced the followin4 Ordinance and moved its
adoption:
ORDINANCE N0. 745
AN ORDINANCE REVISING ARTICLE IX, SHORELAND OVERLAY DISTRICT
AND OTHER RELATED SECTIONS OF THE CODE
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
SECTION 1. This section changes Section 28-76 as follows:
Sec. 28-76. Individual sewage treatment systems--Conformance to state standards. -
The owner or developer must use the City sewer system where available. Where the City
Engineer decides that a municipal sewer is not available, any use producing sewage
shall have an individual sewage treatment system. A sewage treatment system means a
septic tank and soil absorption system or other individual or cluster type sewage
treatment system. The City requires a permit to install or alter a sewage treatment
system. All individual sewage treatment systems must meet or exceed the Minnesota
Pollution Control Agency's standards. These standards are in the document titled
"Individual Sewage Treatment Systems Standards, Chapter 7080". The owner or builder
shall provide sufficient soil borings and percolation tests so the City can decide
a site's suitability for an individual sewage treatment system.
SECTION 2. This section adds a new Section 28-78 as follows:
Sec. 28-78. Nonconforming individual sewage treatment systems.
(a) After December 31, 1995, the City shall not issue a building permit for anew
principal structure or for the addition of a bedroom or bathroom, unless any
nonconforming sewage treatment system on the property meets current standards. The
City shall not consider a sewage treatment system nonconforming if the only
deficiency is the setback of the sewage treatment system from the ordinary high water
level of a lake or creek.
(b) The owner of any nonconforming sewage treatment system the City determines
to be a public nuisance shall bring the system into conformance or stop using the
system within thirty (30) days of receiving written notice from the city.
SECTION 3. This section changes the. following definitions in Section 30-2 as follows:
Lot means a parcel of land described separately from other parcels of land by a
plat, metes and bounds, registered land survey, auditor's plat or other accepted
means. The lot description must be recorded by Ramsey County.
Lot area means the area of a lot, excluding drainage easements, wetlands and land
below the ordinary high water mark of public waters.
Lot division means the division of a property by metes and bounds description.
Public waters means any waters as defined in Minnesota Statutes, Section 103F.005
Subdivisions 15 and 16.
13 1-22-96
Subdivision means the separation of an area, parcel or tract of land into t,
more parcels, tracts, lots or long-term leasehold interests for sale, rent or leti
except those separations:
(a) Where all the resulting parcels, tracts, lots or interests will be twenty.
(20) acres or larger and five hundred (500) feet in width for residential
uses and five (5) acres or larger for all other uses;
(b) Creating cemetery lots;
(c) Resulting from court orders.
Wetland means a surface water feature classified as a wetland in the United
States Fish and Wildlife Service Circular No. 39 (1971 edition) or Minnesota Rules
Part 8420.0110, Subd. 52.
SECTION 4. This section adds a new Subsection 30-3(d) as follows:
(d) The City shall not approve a subdivision where the owner or developer would
later need a variance to use the lots for their intended purpose.
SECTION 5. This section changes Subsection 30-5(a) as follows:
(a) Before dividing any tract of land into (4) or more lots, a subdivider shall
submit a preliminary plat application to the Director of Community Development. The
Director of Community Development shall determine the necessary application
requirements and state them on a written form to be made available to the public at
his or her office. These requirements shall apply to plats and lot divisions. The
Director may waive any requirements that do not apply to the proposed subdivision.
SECTION 6. This section adds a new Subpart 30-8(e)(3) (Minimum subdivision design
standards-Easements) as follows:
(3) Wetland easements. The City may require a wetland easement over and beyond a
wetland. The wetland easement shall prohibit any structures, mowing, cutting.
filling or dumping within the easement. The City shall decide the easement's size
based on information from the watershed district and the wetland's quality, the
amount and quality of surrounding habitat, the site's building restraints. The
City may require a developer to place signs around the easement boundary. These
signs shall identify the easement's boundary and restrictions.
SECTION 7. This section adds a new Subpart 30-8(f)(7) (Minimum subdivision design
standards-Lots) as follows:
(7) Lot areas. Minimum lot areas shall not include public waters, wetlands or
drainage easements for storm water ponds. Lots in a shoreland overlay district
must meet the shoreland regulations in Chapter 36, Article IX .
SECTION 8. This section deletes Subpart 30-8(f)(10) (Minimum subdivision design
standards-Lots) as follows:
(10) Reserved.
14 1-22-96
SECTION 9. This section adds a new Subpart 30-8(f)(13) (Minimum subdivision design
standards-Lots) as follows:
(13) Where the City Engineer decides that City sanitary sewer service is not
available, all new subdivided lots shall have usable space for an individual
sewage treatment system and additional usable space to add a second
drainfield.
SECTION 10. This section changes Section 30-15(a) (Lot divisions) as follows:
(a) A lot division shall not result in the creation of more than three lots.
SECTION 11. This section changes Section 30-15(d) (Lot Divisions) as follows:
(d) The City shall not approve more than three new lots from a parcel or tract
in any single calendar year.
SECTION 12. This section adds a new Section 35-5 as follows:
Sec. 35-5. Water Quality Standards.
Any public or private supply of water for domestic purposes must meet or exceed
the water quality standards of the Minnesota Department of Health and the Minnesota
Pollution Control Agency.
SECTION 13. This section changes Section 36-1 as follows:
Sec. 36-1. Short title and administration.
This chapter shall be known as "The Maplewood Zoning Ordinance." The Director of
Community Development shall administer this chapter.
SECTION 14. This section changes Section 36-4 as follows:
Sec. 36-4. Interpretation;.controlling provisions:
The provisions of this chapter shall be interpreted to provide the minimum
- requirements for the public health, safety, comfort, convenience and general welfare.
Where any provision of this chapter conflicts with any other, the most restrictive
requirement shall apply.
SECTION 15. This section adds and deletes the following definitions to Section 36-6
(definitions):
Commercial use: A principal use of land or buildings for the sale, lease, rental
or trade of products, goods or services.
Building line: The line parallel to the street line at a distance therefrom equal
to the depth of the front yard required for the district in which the lot is located.
For a iot fronting on a public water, the building line shall include a line parallel
to the ordinary high water level at the required setback therefrom.
Deck: A horizontal, unenclosed platform with or without attached railings, seats,
trellises or other features that are attached or functionally related to a principal
use.
15 1-22-96
Dwelling site: A designated location for residential use, including temporary or
movable shelter, such as camping and recreational vehicle sites.
Dwelling unit: Any structure or portion of a structure that is designed as short-
or long-term living quarters, including motel units, hotel- units or cabins.
Height of building: The vertical distance between a building's highest adjoining
ground level or ten feet above the building's lowest ground level, whichever is
lower, and the highest point of a flat roof or the average height of the highest
gable of a pitched or hipped roof. Height of building shall not include chimneys,
spires, towers, roof-top mechanical equipment, elevator penthouses, tanks or similar
building projections.
Industrial use: The use of land or buildings to produce, manufacture, store or
transfer goods, products, commodities or other items.
Lot: A parcel of land described separately from; other parcels of land by a plat,
metes and bounds, registered land survey, auditor's plat or other accepted means.
Ramsey County must record the lot description.
Lot area: The area of a lot, excluding drainage easements, wetlands and land
below the ordinary high water mark of public waters.
Mining: The surface or subsurface removal of sand, gravel, rock, industrial
minerals, other nonmetallic minerals and peat not regulated under Minnesota Statutes.
Planned unit development (PUD): A type of development characterized by a unified
site design, with two (2) or more principal uses or structures. A PUD may include
town houses, apartments, multiple•use structures (such as an apartment. with
- commercial shops), or similar projects. Residential PUD's must have at least five
dwelling units or dwelling sites.
Residential planned unit development: A!residential use that is nontransient, and
the primary focus of the development is not service-oriented. For example,
residential apartments, manufactured home parks, residential condominiums, town
houses, cooperatives, single-dwelling homes and multiple dwellings would meet this
definition.
Semi-public use: The use of land by a private, nonprofit organization to provide
a public service that is ordinarily open to persons outside the regular constituency
of the organization.
Setback: The minimum horizontal distance between any part of a structure, sewage
treatment system or other facility and an ordinary high water level, sewage treatment
system, top of a bluff, property line or another structure. Setbacks shall not
include eaves, gutters, corm ces, steps, chimneys or fireplaces projecting not more
than two feet from the principal structure.
Sewage treatment system: A septic tank and soil absorption system or other
individual or cluster-type sewage treatment system.
Structure: Any building or appurtenance constructed or built on the ground or
attached to the ground. This does not include aerial or underground utility lines,
such as sewer, electric, telephone, telegraph, gas lines, towers, poles or other
supporting facilities.
16 1-22-96
Subdivision: The separation of an area, parcel or tract of land into two or more
parcels, tracts, lots or long-term leasehold interests for sale, rent or lease,
except those separations:
(a) Where all the resulting parcels, tracts, lots or interests will be twenty
- acres or larger and 500 feet in width for residential uses and five acres or
larger for all other uses;
(b) Creating cemetery lots;
(c) Resulting from court orders.
Variance: The same as defined ih Minnesota Statutes, Chapter 462.
SECTION 16. This section changes Section 36-8 as follows:
Sec. 36-8. Violations.
Any violation of this article (including violations of conditions established
concerning variances or conditional use permits) shall be a misdemeanor and shall be
punishable as defined by law. Violations of this article can occur whether the City
or state requires a permit fora regulated activity. Each day that any violation
= continues is a separate violation.
SECTION 17. This section changes Subsection 36-17(h) and adds a new Subsection 36-
17(i) as follows:
(h) A property owner or developer may expand a nonconforming structure or parking
lot if the structure or parking lot meets the following conditions:
(1) The zoning regulations permit the use.
(2) The expansion would meet the minimum setbacks required by this chapter
or the setbacks of the existing structure, whichever is less. The
expansion shall not exceed the maximum height required by this chapter
or the existing height, whichever is taller. To deviate from these
requirements, the City may approve a conditional use permit, subject to
the standards in the City Code.
(3) The minimum setback from the ordinary high water level in a shoreland
district would be at least the average setback of adjacent residential
> structures or fifty (50) feet, whichever is greater.
(4) All portions of said structure would be on the applicant's property.
(5) Runoff from the overhang of the addition would not adversely affect an
adjacent property.
(i) The City shall allow construction on nonconforming lots that do not meet the lot
size, width, frontage or depth requirements if the lots meet the following
requirements:
(1) Since becoming substandard, the lots have always been in separate
ownership from abutting lands.
(2) The lots were of record in the county recorder's office on the date
- of enactment of this article.
17 1-22-96
(3) There is no evidence that. the lots did not meet the official
controls in effect when the City approved the lots.
(4) Any sewage treatment system meets the requirements of this code.
(5) The zoning regulations would permit the use.
SECTION 18. This section adds a new Section 36-18 as follows:
Sec. 36-18. Variances.
The City may grant variances to the requirements of this chapter. All variances
must follow the provisions of Minnesota Statutes, Chapter 462. The City may approve
administrative variances according to Article VI of this chapter.
SECTION 19. This section changes the title to Subsection 36-438 and Subsection 36-
438(a) as follows:
Sec. 36-438. Planned unit developments generally; purpose and intent,
requirements.
(a) A PUD may not be divided unless the density distribution approved in the PUD
is ensured.
SECTION 20. This section adds the following subsections to Section 36-438 (PUD's):
(d) Common open space. The developer shall provide deed restrictions, covenants,
easements,- public dedication or other equally effective and permanent means to
preserve and maintain any common open space. The instruments must include all the
following protection:
1. Except routine maintenance, the City must approve the alteration of any
vegetation or topography that is visible from a public water.
2. Prohibit the exterior storage of vehicles. or other materials. Storage
shall not include routine vehicle parking or the temporary storage of
materials for an ongoing construction project.
3. If on a public water, prohibit the uncontrolled beaching of watercraft.
(e) Owners' association. A11 planned unit developments with common open space
must have an owners' association with the following features:.
1. Each lot owner must be a member.
2. Each member must pay a pro rata share of the association's expenses, and
unpaid association assessments can become liens on units or sites.
3. Association assessments must be adjustable to adapt to changing
conditions.
4. The association must be responsible for insurance, taxes and maintenance
of all commonly-owned property and facilities.
(f) The City shall designate PUD's on the official Maplewood zoning map.
SECTION 21.-This section replaces the wording in Article IX of Chapter 36 with the
following wording:
18 1-22-96
ARTICLE IX. SHORELAND OVERLAY DISTRICT
Sec. 36-561. Authorization, purpose and objectives.
(a) Authorization: State Statutes and regulations authorize Article'IX. The
specific sources are Minnesota Statutes, Chapter 105 (Division of Waters, Soils and
Minerals); Minnesota Regulations, Parts 6120.2500-6120.3900 and Minnesota Statutes,
Chapter 462 (the planning and zoning enabling legislation).
(b) Purpose and objectives: The purpose of this article is to provide specific
regulations to protect the City's shorelands. It is in the public's best interest to
provide for the wise subdivision, use and development of shorelands. To accomplish
this purpose, Article IX has the following objectives:
(1) Protect, preserve and enhance the quality of surface waters.
(2) Protect the natural environment and visual appeal of shorelands.
(3) Protect the general health, safety and welfare of City residents.
Sec. 36-562. Definitions.
The following words shall have the following meanings:
Average lot area: The average of the lot areas within a single development. All
lots must be divided together to be included in the average lot area. For a single
-lot, the minimum allowable area shall be no less than the average lot area
requirement.
Bluff: A topographic feature such as a hill, cliff or embankment having all of
the following characteristics (land with an average slope of less than 18 percent for
50 feet or more shall not be considered part of the bluff):
(1) Part or all of the feature is in a shorelands
(2) The slope rises at least 25 feet above the ordinary high water level;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more
above the ordinary high water level averages 30 percent or greater; and
(4) The slope must drain toward a public water.
Bluff impact zone: A bluff and land that is within twenty feet of the top of a
bluff.
Boathouse: A structure designed and used solely for the storage of boats or
boating equipment.
Commissioner: The Commissioner of the Department of Natural Resources or his or
her representative.
Intensive vegetation clearing: The complete removal of trees or shrubs in a
specific patch, strip, row or block.
Nonpoint source pollutant: A contaminant that enters water by washing off the
land or seeping into ground water, which alters the physical, chemical or biological
properties of water or the discharge into water of any substance that may create a
nuisance or make such water detrimental or harm the public health, safety or welfare.
19 1-22-96
Ordinary high water level: The boundary of public waters. For lakes, this
boundary shall be at an elevation delineating the highest water level that has
existed for a sufficient time to leave evidence upon the landscape. This evidence is
commonly that point where the natural vegetation changes from predominantly aquatic
to predominantly terrestrial. For creeks, the ordinary high water level shall be the
elevation of the top of the bank of the channel
Public waters: Any waters as defined in Minnesota Statutes, Section 105.37,
Subdivisions 14 and 15.
Regional flood: A flood that represents the large floods known to have occurred
in Minnesota. Such a flood is characteristic of what a person can. expect to occur
about once every one hundred (100) years.
Shore impact zone: The land between the ordinary high water level and a line
parallel to it at a setback of 50 percent of the structure setback.
Shoreland: Land that is within the shoreland overlay district on the City's
zoning maps.
Shoreline: The boundary of a public water.
Steep slope: Land having average slopes over twelve (12) percent, as measured
over horizontal distances of fifty (50) feet or more, that are not bluffs.
Surface water-oriented use: The use of land where access to and use of a lake is
an integral part of the normal use. Marinas, resorts and restaurants with transient
docking facilities are examples of such a use.
Toe of the bluff: The lower point of a fifty (50)•foot land segment with an
average slope exceeding eighteen (18) percent.
Top of the bluff: The higher point of a fifty (50)-foot land segment with an
average slope exceeding eighteen (18) percent.
Urban runoff: Storm water that flows over land or through a manufactured drainage
system.
Water-oriented accessory structure: A small, above-ground building or other
- improvement that the owner needs to locate closer to public waters than the normal
structure setback. Such a setback would be because of the relationship of its use to
a surface water feature. Examples of such structures and facilities include
boathouses, gazebos, screen houses, fish houses, pump houses or freestanding decks.
The definition of water-oriented accessory structures or facilities shall not include
stairways, fences, docks or retaining walls.
Wetland: A surface water feature as defined in Chapter 1039 of State Statute (The
Wetland Conservation Act).
Sec. 36-563. Shoreland Overlay Districts.
(a) Maplewood hereby creates a shoreland overlay district, with its attendant
regulations, as part of the zoning ordinance. This district shall overlay existing
zoning districts, so that any parcel of land lying in the overlay district also shall
lie in one or more of the underlying zoning districts.
20 1-22-96
(b) Within the overlay district, the City shall permit all uses allowed by the
underlying zoning district(s), if the proposed uses meet the additional requirements
- in this Article.
(c) Article IX shall only apply to the shoreland districts on the official zoning
maps. These maps shall be on file in the office of the Director of Community
Development. The City has classified the affected waters in Section 36-565.
(d) The City staff may reduce the limits of a shoreland on the zoning map
whenever the commissioner decides that a public water has topographic divides that
are closer to the public water than the shoreland boundary on the zoning map.
Sec. 36-564. Notifications to the commissioner.
(a) The City shall send public hearing notices for amendments, subdivisions,
plats, variances or conditional uses under this article to the commissioner. The City
shall mail such notices at least ten days before the hearings. Hearing notices about
subdivisions shall include copies of the subdivision.
(b) The City shall send a copy of approved amendments, subdivisions, variances
or conditional uses under this article to the commissioner. The City shall mail all
such approvals within ten days of final action. When the City approves a variance
after the commissioner has recommended denial, the notification of the approved
variance shall include the City Council's minutes of the public hearing.
Sec. 36-565. shoreland Classification System.
(a) The City has classified its public waters based on the DNR's Protected Waters
Inventory Map. The City used the following classification criteria (percentages apply
only to the shoreland located in the City):
(1) Class I waters are those that the DNR has designated general development
waters, and the City land use plan shows at least seventy-five (75)
percent of the shoreland for commercial or industrial use.
(2) Class II waters are those that the DNR has designated general
development waters, and do not qualify for Class I status.
(3) Class III waters are those that the DNR has designated recreation
.development waters having:
a. At least sixty (60) percent of the shoreline in public ownership, or
b. At least fifty (50) percent of the shoreland in ublic ownership and
less than ten (10) percent of the shoreland remaining for
development, excluding public open space.
(4) Class IV waters are those that the DNR has designated recreation
development waters, and do not qualify for Class III status.
(5) Class V waters are those that the DNR has designated natural
environmental waters.
21 1-22-96
(b) The City has classified its lakes as follows:
(1) Class I Waters Public Waters Inventory I.D.#
3M Pond 62-0017
Tanner's Lake 82-0115
(2) Class II Waters Public Waters Inventory I.D. #
Gervais Lake 62-0007
(3) Class III Waters Public Waters Inventory I.D. #
Casey Lake. 62.0005
Keller Lake 62-0010
Lake Phalen 62-0013
Silver Lake 62-0001
Spoon Lake
Wakefield Lake 62.0011
(4) Class IV Waters Public Waters Inventory I.D. #
Carver Lake 82.0166
` Kohlman Lake 62.0006
Oehrline's Lake 62.0014
(5) Class V Waters Public Waters Inventory I.D. #
Beaver Lake 62-0016
Round Lake 62-0012
(c) Maplewood has classified its two creeks as tributary streams. The two creeks at
Battle Creek and Fish Creek.
Seca 36-566. District development standards.
(a) Lot and Building Standards. The following lot and building standards shall apply
to commercial developments and residential developments with four or fewer dwelling units
per building. The City must approve developments with more than four units per building
as planned unit developments.
_ With Sanitary Without Sanitary
Sewer Sewer
(i) Class I Waters
a. Nonresidential development
1. Minimum building setback from
the OHWL (feet) 50 NA
2. Minimum on-site sewage system
setback from OHWL (feet) NA NA
3. Maximum Impervious surface
area (percent) 50 50
With bonus (percent)* 70 70
22 1-22-96
b. Single Dwelling
1. Minimum lot width
Water frontage lots (feet) 75 NA
Other lots (feet) 75 NA
2. Minimum building setback from
the OHWL (feet) 50 NA
3. Minimum on-site sewage system
setback from the OHWL (feet) NA NA
4. Average lot area
Water frontage lots (square feet) 15,000 NA
Other lots (square feet) 10,000 NA
5. Maximum impervious surface area
(percent) 30 NA
With bonus*
Water frontage lots (percent) 40 NA
Other lots (percent) 50 NA
(2) Class II and III Waters
a. Nonresidential development
- 1. Minimum building setback from
the OHWL (feet) 50 75
2. Minimum water frontage (feet) 75 100
3. Minimum on-site sewage system
setback from the OHWL (feet) NA 75
4. Maximum impervious surface
area (percent) 40 40`
With bonus*
Water frontage lots (percent) 50
Other lots (percent) 60
5. Maximum building height (stories) 4 4
b. Single dwelling
1. Minimum lot width
Water frontage lots (feet) 75 150
Other lots (feet) 75 100
_ 2. Minimum building setback from
the OHWL (feet) 50 75
3. Minimum on-site sewage system
setback from the OHWL (feet) NA 75
4. Average lot area
Water frontage lots (square feet) 15,000 40,000
Other lots (square feet) 10,000 20,000
23 1-22-96
- 5. Maximum impervious surface area
(percent) 30 30
With bonus*
Water frontage lots (percent) 40 40
Other lots (percent) 50 50
c. Two-unit dwellings
1. Minimum building setback from
the OHWL (feet) 50 NA
2. Minimum lot width 135 NA
3. Maximum impervious surface
area (percent) 40 NA
With bonus*
Water frontage lots (percent) 50 NA
Other lots (percent) 60 NA
4. Average lot area
Water frontage lots (square feet) 26,000 NA
Other lots (square feet) 17,500 NA
d. Three-unit dwellings
1. Minimum building setback from
the OHWL (feet) 50 NA
2. Minimum lot width
Water frontage lots (feet) 195 NA
Other lots (feet) 190 NA
3. Maximum impervious surface
area (percent) 40 NA
With bonus*
Water frontage lots (percent) 50 NA
Other lots (percent) 60 NA
4. Average lot area
Water frontage lots (square feet) 38,000 NA
Other lots (square feet) 25,000 NA
e. Four-unit dwellings
1. Minimum building setback from
the OHWL (feet) 50 NA
2. Minimum lot width
Water-frontage lots (feet) 255 NA
Other lots (feet) 245 NA
3. Maximum impervious surface
area (percent) 40 NA
With bonus*
Water frontage lots (percent) 50 NA
Other lots (percent) 60 NA
24 1-22-96
4. Average lot area
Water frontage lots (square feet) 49,000 NA
Other lots (square feet) 32,500 NA
? (3) Class IV and V waters
a. Nonresidential development
1. Minimum building setback
from the OHWL (feet) 75 100
2. Minimum water frontage per
development (feet) 75 150
3. Minimum on-site sewage system
setback from the OHWL (feet) NA 75
4. Maximum impervious surface
area (percent) 30 30
With bonus*
Water frontage lots (percent) 40 40
Other lots (percent) 50 50
5. Maximum building height (stories) 4 4
b. Single dwelling
1. Minimum lot width (feet) 75 150
2. Minimum building setback from
- the OHWL (feet) 75 ' 100
3. Minimum on-site sewage system
setback from the OHWL (feet) NA 75
4. Average lot area
Water frontage lots (square feet) 20,000 40,000
Other lots (square feet) 15,000 40,000
5. Maximum impervious surface
area (percent) 30 30
With bonus*
Water frontage lots (percent) 40 40
Other lots (percent) 50 50
d. Two-unit dwellings
1. Minimum building setback from
the OHWL (feet) 75 NA
2. Minimum lot width (feet) 135 NA
3. Maximum impervious surface
area (percent) 40 NA
With bonus*
Water frontage lots (percent) 50 NA
Other lots (percent) 60 NA'
25 1-22-96
4. Average lot area
Water frontage lots (square feet) 26,000 NA
Other lots (square feet) 35,000 NA
e. Three-unit dwellings
1. Minimum building setback from
the OHWL (feet) 75 NA
2. Minimum lot width
Water frontage lots (feet) 195 ' NA
Other lots (feet) 190 NA
3. Maximum impervious surface
area (percent) 40 NA
With bonus*
Water frontage lots (percent) 50 NA
Other lots (percent) 60 NA
4. Average lot area
Water frontage lots (square feet) 50,000 NA
Other lots (square feet) 38,000. NA
f. Four-unit dwellings
1. Minimum building setback from
the OHWL (feet) 75 NA
2. Minimum lot width
Water frontage lots (feet) 255 NA
Other lots (feet) 245 NA
3. Maximum impervious surface
area (percent) 40 NA
With bonus*
Water frontage lots (percent) 50 NA
- Other lots (percent) 60 NA
4. Average lot area
Water frontage lots (square feet) 65,000 NA
Other lots (square feet) 49,000 NA
a er to u section )(ll(d) for requirements to qualify for an impervious surface
area bonus.
(4) Lot width and setback standards for creeks.
a. The lot width standards for single, double dwellings, three-unit buildings and
four-unit buildings in shorelands next to creeks are as follows:
Unsewered Sewered
Single dwelling 100 75
Double dwelling 150 115
Three-unit building 200 150
Four•unit building 250 190
26 1-22-96
b. Structure and sewage system setbacks (in feet) from the ordinary high water level
of tributary streams.
Structures Sewage Treatment
Unsewered Sewered System
100 50 75
(b) Additional Special Provisions.
(i) Reduction in development standards:
a. The City shall reduce all appplicable development standards by one public waters
classification where a shoreland property meets all of the following conditions:
1. A principal or major arterial roadway, as defined by the Maplewood Land Use
Plan, separates the property from any public waters.
2. The property does not drain directly to a public water.
3. The visual impact of the property from the lake surface is small.
(i.e., A property subject to Class III standards may be subject to Class II
standards.)
b. The City shall raise the maximum allowed building height to forty-two (42) feet
from any street side for structures that would be at least eighty (80) percent
screened from view from at least eighty (80) percent of the shoreline of a public
water during the summer.
c. The minimum lot area requirements in Section 36.566(a) shall not apply to
developments that meet all the following conditions:
1. The development is at least eighty (80) percent screened from view from at
least eighty (80) percent of the shoreline during the summer.
2. The development shall have no frontage or private docking facilities on a
public water.
3. The development meets the impervious surface area requirements.
d. Impervious surface area bonus.
1. The impervious surface area limits shall be determined using the total
developable area of a parcel (above the ordinary high water level and
suitable for development), exclusive of streets and sidewalks.
2. The developer or owner shall provide and maintain significant man-made
facilities for reducing storm water flow or the treatment of runoff for
nonpoint source water pollutants to qualify for an impervious surface area
bonus.
3. The City Engineer shall determine whether a proposed management practice(s)
is adequate to warrant a bonus. A bonus may range from one to twenty (20)
percent for nonwater frontage lots and from one to ten (10) percent for
water frontage properties, dependent upon the practice(s) proposed. The City
Engineer shall forward a copy of proposed bonuses to the DNR for their
comments.
27 1-22-96
(2) In addition to other standards in this chapter, double, three-unit and four-unit
dwellings on Natural Environment Lakes must meet the following standards:
a. Each building must be set back at least 200 feet from the ordinary high water
level.
b. Watercraft docking facilities for each building must be consolidated in one
location.
c. No more than 25 percent of a lake's shoreline can be in double, three-unit or
four-unit dwelling developments.
(3) Lots used as controlled accesses to public waters or as recreation areas for use by
owners of nonriparian lots must meet or exceed the following standards:
a. If docking, mooring or over-water storage of more than six (6) watercraft is to
be allowed at a controlled access lot, then the width of the lot must be
increased by the percent of the requirements for riparian residential lots for
each watercraft beyond six, consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of lake size Required increase
to shore length in frontage
(acres/mile) ercent
Less than 100 25
100-200 20
201-300 15
301-400 10
Greater than 400 5
b. All owners of nonriparian lots in a subdivision who have riparian access rights on
- an access lot must jointly own the access lot.
c. The owner shall record against the title of the affected properties covenants or
other equally effective legal instruments that specify which lot owners have
authority to use the access lot. The covenants must do the following:
1. Limit the allowed number of vehicle parking. '
2. Limit the allowed number of watercraft that the owners moor, dock or store
over water. (This shall not include temporary docking.)
3. Require centralization of all common facilities and activities to lessen
topographic and vegetative alterations.
4. Require screening of all parking areas, storage buildings and other facilities
from a public water, assuming .summer conditions. Screening shall use
vegetation or topography as much as practical.
(c) Placement, design and height of structures.
(i) Structure placement: Where structures exist on the adjoining lots on both sides
of a proposed building site, the owner or builder may change the structure's
setbacks without a variance to meet the adjoining structures setbacks from t'
ordinary high water level, if the proposed building site is not in a shore impac„''
zone or in a bluff impact zone.
28 1-22-96
a. Regardless of a waterbody's classification, the owner or builder shall set
structures or facilities back at least thirty (30) feet from the top of a
bluff and fifty (50) feet from an unplatted cemetery.
b. There shall be no structures or accessory facilities, except stairways and
landings, within bluff impact zones.
c. Nonresidential uses without water-oriented needs shall not be on lots with
public water frontage unless one of the following conditions is met:
1. The use or structure has double the normal setback from the ordinary high
water level: or
2. The use or structure is largely screened from view from the water by
vegetation or topography, assuming summer conditions.
(2) Design Criteria for Structures.
a. Floodplain regulations: Development must follow the City's floodplain
regulations (Article VIII of Chapter 36).
b. Water-oriented accessory structures: Each lot may have no more than one
water oriented accessory structure not meeting the normal structure setback in
- Section 36-566(a), subject to the following conditions:
- 1. The maximum height shall not exceed ten feet, exclusive of safety rails.
However, detached decks shall not exceed eight feet above grade at any
point.
2. The maximum area shall not exceed 250 square feet. Except that on general
development and recreational development waterbodies, the maximum area of
water-oriented accessory structures used solely for watercraft storage
shall be 400 square feet (provided the maximum width of the structure is
twenty (20) feet as measured parallel to the shape of the shoreline).
These structures may include the storage of related boating and
water-oriented sporting equipment.
3. The setback from the ordinary high water level must be at least ten feet.
4. The owner or builder shall use vegetation (assuming summer conditions),
topography, increased setbacks or color to reduce the visibility of the
structure from public waters or adjacent shorelands.
5. The owner may use the roof as a deck,- but the owner or builder shall not
enclose, cover or use the roof -for a storage area.
6. The owner or builder shall not design or use the structure or facility as
a dwelling or living space. The structure shall not contain sanitary
facilities or sewage treatment facilities.
c. Stairways, lifts and landings: Owners or contractors shall not grade bluffs
and steep slopes for the sole purpose of access to a public water, where
they can build or install stairways or lifts. Stairways and lifts must meet
the following design requirements:
1. Stairways and lifts must not exceed four feet in width on single dwelling
lots.
29 1-22-96
2. Landings for stairways and lifts on single-dwelling lots must not exceed
32 square feet in area.
3. Stairways, lifts or landings shall not have canopies or roofs.
4. Whenever practical, stairways, lifts or landings shall be in the mos.
visually inconspicuous part of a lot, as viewed from a public water during
the summer.
5. Ramps, lifts or mobility paths for physically-handicapped persons are
allowed to get to shore areas, if the owner or builder follows the
standards of Subparts 1 through 4 above, and the requirements of Minnesota
_ Regulations, Chapter 1340.
d. Steep Slopes: The City Engineer must evaluate the possible soil erosion
impacts and development visibility from public waters. before issuing a permit
to construct sewage treatment systems, roads, driveways, structures or other
improvements on steep slopes. When the City Engineer determines it necessary,
he or she shall attach conditions to permits. These conditions shall prevent
erosion and preserve vegetation that screens structures, vehicles or other
facilities as viewed from the surface of public waters during the summer.
(3) Height of structures: Unless approved as a planned unit development, the maximum
height of all structures in residential districts, except churches and
nonresidential agricultural structures, shall be 25 feet.
Sec. 36-567. Shoreland alterations.
All alterations in shoreland areas shall be subject to the City's wetland and stream
protection and erosion control ordinances. In addition, the following shall apply:
(a) Vegetation alterations.
(1) This subsection on vegetation alterations does not apply to construction of the
following uses:
a. Structures and sewage treatment systems
b. Roads, ramps or parking areas
(2) Vegetation may be removed or altered subject to the following standards:
a. There shall be no intensive vegetation clearing within the shore or bluff
impact zones or on steep slopes. For all other property, the City requires a
conditional use permit to clear forest land that is visible from a public
water. Such a proposal requires an erosion control and sedimentation plan
approved by the City Engineer and based on the Ramsey County Soil and Water
Conservation District Erosion Control Manual.
b. The City shall allow limited cutting, pruning or trimming of trees or shrubs
in shore and bluff impact zones and on steep slopes. This cutting, pruning or
trimming shall be limited to providing a view of the water from the site of a
dwelling or to allow for the placement of stairways and landings, picnic
areas, access paths, beach and watercraft access areas or water-oriented
accessory structures or facilities. Such limited clearing is subject to the
following conditions:
30 1-22-96
1. Such work not significantly reducing the screening of structures, vehicles
or other facilities as viewed from the water during the summer.
2. Preserving the shading of water surfaces along rivers.
3. The above provisions are not applicable to the removal of trees, limbs or
branches that are dead, diseased or are safety hazards.
(b) Topographic alterations/grading and filling.
(1) Unless part of a building permit, the City shall require a grading and filling
permit for:
a. The movement of more than ten (10) cubic yards of material on steep slopes,
within shore impact zones or in bluff impact zones.
_ b. The movement of more than fifty (50) cubic yards of material outside steep
slopes, shore impact zones or bluff impact zones.
(2) The following requirements shall apply to construction permits, grading and filling
permits, conditional use permits, variances or subdivisions:
a. Wetlands shall not be filled without a permit from the watershed board.
b. The owner or contractor shall design and conduct alterations to insure that
the work exposes only the smallest amount of bare ground for the. shortest time
possible.
c. All development and site work shall meet the Gity's erosion control
ordinance.
d. The owner or contractor shall not place fill or excavated material in bluff
impact zones.
e. The commissioner must authorize all alterations below the ordinary high water
level.
f. Topographic changes shall only be done if they are accessory to permitted or
conditional uses and do not adversely affect adjacent or nearby properties.
g. The City will permit the placement of natural rock riprap, including
associated grading of the shoreline and placement. of a filter blanket, if the
following conditions are met:
1. The finished slope does not exceed three feet horizontal to one foot
vertical.
2. The landward extent of the riprap is within ten feet of the ordinary high
water level.
3. The height of the riprap above the ordinary high water level does not
exceed three feet.
(3) The commissioner must approve all connections to public waters. This includes
excavations where the intended purpose is to connect to a public water, such as
boat slips, canals, lagoons or harbors.
31 1-22-96
Sec. 36-568. Placement and design of streets, driveways or parking areas.
(a) Owners and contractors shall design public and private streets, driveways or parking
areas to take advantage of natural vegetation and topography to achieve maximum screening
from public waters.
(b) Streets, driveways or parking areas shall meet structure setback standards from the
ordinary high water level. These facilities shall not be within bluff or shore impact zones
if there are other reasonable options. If no reasonable options exist, these facilities may
be placed within bluff and shore impact areas. However, the owners and contractors of these
facilities must design and install them to reduce adverse impacts.
(c) Watercraft access ramps, approach roads or access-related parking may be within shore
impact zones if the vegetative .screening and erosion control conditions of this article are
met.
_ Sec. 36-569. Storm water management.
(a) General Standards.
(1) When possible, designers and contractors must use natural drainage ways, wetlands
and vegetated soil surfaces to convey, store, filter and hold storm water runoff
before it discharges to public waters.
(2) Development must be planned and conducted to minimize disturbed areas, runoff
velocities and erosion.
(3) Developments shall maximize the use of surface drainage and vegetation to control
storm water runoff. Where surface drainage and vegetation are not adequate to
handle storm water runoff, the City will allow the use of buried pipes and man-made
materials and facilities.
(b) Specific Standards.
(1) Newly constructed storm water outfalls to public waters must provide for filtering
or settling of suspended solids and skimming of surface debris before discharge.
(2) All development within shoreland areas shall be consistent with the Maplewood
Drainage Plan.
Sec. 36-570. Special provisions for nonresidential uses.
(a) Standards for nonresidential uses.
(1) Surface water-oriented nonresidential uses must meet the following standards:
a. Such uses shall have topographic and vegetative screening of parking areas and
structures.
b. Uses that require short-term watercraft mooring for patrons must centralize
these facilities and design them to avoid navigation obstructions and to be
the minimum size necessary.
(2) Nonresidential uses without water-oriented needs and having frontage on a public
water must meet one of the following standards:
a. Double the normal setback from the ordinary high water level setback, or
32 1-22-96
b. Screen the use from view from the water by vegetation or topography, assuming
summer conditions.
(b) Mining: Processing machinery shall meet the structure setback standards from the
yrdinary high water level and from bluffs.
Sec. 36-571. Conditional Uses.
(a) In addition to the normal standards for evaluating a conditional use permit, the
following standards shall apply within shorelands:
(1) There would be no soil erosion or pollution of public waters during or after
construction.
(2) The proposed plan would limit the visibility of structures from public waters
(assuming summer conditions).
(3) The types, uses and numbers of any watercraft that the project would generate would
be compatible with the capacity of the public waters to handle these watercraft.
(b) Conditional use permit conditions: The City Council may attach special conditions in
shorelands. Such conditions may include, but are not limited to, the following:
(1) Increased setbacks from the ordinary high water level.
(2) Limitations on removing the natural vegetation or requiring the planting of
additional vegetation.
(3) Special location, design and use provisions for structures, sewage treatment
systems, watercraft launching and docking areas or parking areas.
Sec. 36-572. Expanding or adding decks to nonconforming structures.
A deck may be added to or expanded on a structure if the deck would be within the required
setback from the ordinary high water level. The deck must meet all of the following criteria:
- (1) The structure existed when the City established the structure setbacks.
(2) There is no reasonable location fora deck that meets or exceeds the existing ordinary
high water level setback of the structure.
(3) The deck encroachment toward the ordinary high water level does not exceed 15 percent
of the existing setback of the structure from the ordinary high water level or does not
encroach closer than 30 feet, whichever is more restrictive.
(4) The deck would be primarily wood, and not have a roof, screening or windows.
Sec. 36-573. Land Suitability.
Each lot created through- subdivision shall be suitable for: development with minimal
alteration. The City shall not consider lots suitable for development that would create any
of the folllowing effects:
(1) Susceptibility to flooding
(2) Filling wetlands
(3) Building on soils with severe development limitations
(4) Creating severe erosion potential
33 1-22-96
(5) Building on steep topography
(6) Inadequate water supply or sewage treatment capabilities
(7) Creating a loss of protected wildlife habitat
Sec. 36-574. Planned Unit Development's (PUD's).
(a) "Suitable area" evaluation: The City shall determine the suitable area for calculating
the density of a residential PUD as follows:
(1) The project site shall be divided into tiers. Tier boundaries shall be
approximately parallel to the boundary of the public water at the following
intervals, going landward from the public water:
Unsewered Sewered
feet feet)
_ Class I and II waters-
first tier 200 200
Class I and II waters-
second and additional tiers 267 200
Class III and IV waters 267 267
Class V waters 400 320
All river classes 300 300
(2) The suitable area within each tier shall exclude wetlands, bluffs or drainage
easements for storm water ponds.
(b) Residential PUD Density Evaluation: The procedures for determining the base density
of a PUD and density increase multipliers are below. The City or the developer may transfer
allowable densities from any tier to any other tier further from the waterbody. The develops'-
or owner may not transfer allowable densities to a tier closer to a waterbody.
(1) To determine the residential PUD base density, divide the suitable area within each
tier by the minimum lot size for lakes or the minimum lot width times the tier
depth for creeks.
(2) Density increase multipliers:
a. The maximum base densities may be increased if the proposed plan meets or
exceeds the dimensional standards in Section 36.566 and the other criteria in
this section.
b. The City shall allow the density increases in Item c. below if:
I. The developer increases the structure setbacks from the ordinary high
water level to at least 50 percent greater. than the minimum setback, or
_ 2. The proposal reduces the impact on the public water an equivalent amount
with vegetation, topography or other means acceptable to the City and the
setback is at least 25 percent greater than the minimum setback.
34 1-22-96
c. Allowable density increases for residential planned unit developments:
Maximum density increase
Density evaluation tiers within each tier (percent)
First 50
Second 100
Third 200
Fourth 200
Fifth 200
d. Regardless of the above, the density may not increase above the density
allowed by the City's land use plan.
(c) Open Space Requirements: Planned unit developments must contain open space meeting all
of the following criteria:
1. At least 50 percent of the total project area shall be open space.
2. The City shall not include dwelling units or sites, road rights•of-way or land
covered by road surfaces, parking areas or structures as open space.
3. Open space may include outdoor recreational facilities or water•oriented accessory
structures or facilities.
4. For residential PUD's, at least 50 percent of the shore impact zone of existing
developments or at least 70 percent of the shore impact zone of new developments
must be preserved in its natural state.
(d) Storm water management: Each PUD must have a storm water management plan consistent
- with the City's drainage plan and erosion control ordinance.
(e) Centralization and design of structures and impervious surfaces: The following
standards shall apply to PUD's:
1. On-site water and sewage systems must be centralized.
2. The plans shall cluster buildings and impervious surfaces to maximize open space.
3. The plans shall centralize shore recreation facilities. Shore recreation facilities
= shall include, but not be limited to, swimming areas, docks, watercraft mooring
areas and launching ramps. The number of spaces provided for the regular beaching,
mooring or docking of watercraft must not exceed one for each allowable dwelling
unit or site in the first tier (except existing mooring sites in an existing
commercially used harbor). The developer or owner may provide launching ramp
facilities, including a small dock for loading and unloading equipment, for use by
occupants of dwelling units or sites located in other tiers.
4. The developer shall design structures, parking areas and other facilities to reduce
j their visibility (under summer conditions) from public waters and adjacent
shorelands. This design shall use vegetation, topography, increased setbacks, color
or other means. The plans shall use existing vegetative and topographic screening
as much as possible. The City may require additional vegetation to help screen
these facilities.
5. All accessory structures and facilities, except water-oriented accessory
structures, must meet the required principal structure setback. The plans shall
35 1-22-96
centralize all accessory structures and facilities.
6. The City may allow water•oriented accessory structures and facilities if they meet
or exceed the design standards in Section 36-566. The plans shall centralize all
water-orientated accessory structures.
Secs. 36-575- 36-561. Reserved.
SECTION 22. This section drops the definition of mining as follows:..
SECTION. 23. This Ordinance shall take effect after the City approves it and the official
newspaper publishes it.
Seconded by Councilmember Carlson Ayes - all
3. Food and Food Handlers Code Amendment (2nd Reading)
a. Manager McGuire presented the staff report.
b. Director of Community Development Coleman presented the specifics of the
report.
c. Mayor Bastian introduced the following Ordinance and moved its adoption:
ORDINANCE NO. 746
AN ORDINANCE CHANGING THE REGULATIONS FOR FOOD ESTABLISHMENTS
The Maplewood City Council approves the following changes to the Maplewood Code
of Ordinances:
Section 1. This section changes the food establishment code by deleting the
existing Sections 13-17 through 13.41.
Section 2. This section adds a new Section 13-17-Minnesota Department of Health
Rules adopted by law.
_ Section 3. Subject to any specific modifications set forth after this, Maplewood
adopts by reference Minnesota State Board of Health Rules Chapter 4625, Parts
4625.2400 to 4625.7801 as contained by law in the document entitled Rules and
Requirements for Food and Beverage Establishments, and all subsequent amendments
thereto in effect on December 31, 1995. A copy of such regulations shall be filed and
available for inspection in the office of the City Clerk and the Department of
Community Development. Chapters 4625.2400 to 4625.7801 are hereby modified by
deleting the terms "Board" and "Commissioner" and substitute the term "Environmental
Health Official," in place thereof, or other successor designated or authorized by
the City Council.
Seconded by Councilmember Carlson Ayes - all
36 1-22-96
J. NEW BUSINESS
1. Pondview Apartments 'NO PARKING" Request
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Koppen moved to direct staff to establish a no-parkin4
zone around the cul de sac at the end of Ivy Avenue East and further
direct the Public Works Department to erect appropriate sions.
Seconded by Councilmember Carlson Ayes - all. -
2. Driveway Ordinance - First Reading
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Rossbach moved to approve first readino of an Ordinance
revisino the current Driveway Ordinance.
Seconded by Councilmember Allenspach Ayes - all
- 3. July 4th Celebration
a. Manager Mc6uire requested this item be tabled until the February 12,
1996 meeting.
b. Mayor Bastian moved to table this item until February 12. 1996.
Seconded by Councilmember Allenspach Ayes - all
4. Landscape Architect Selection for Carver and Edgerton ~
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the
report.
c. Councilmember Carlson moved to retain Brauer & Associates be retained to
' develop Master Plans for Edgerton and Carver Community Center/Park
sites.
Seconded by Councilmember Koppen Ayes - all
37 1-22-96
5. Loitering Ordinance - 1st Reading
a. Manager McGuire presented the staff report.
b. Director of Public Works Collins presented the specifics of the report.
c. Councilmember Carlson moved to~orove first reading of an Ordinance to
control loitering within the City.
Seconded by Councilmember Koppen Ayes - all
6. Audit of Fire Departments
a. Manager McGuire presented the staff report.
b. 'Mayor Bastian moved to delay the fiscal near 1995 audit of the
independent fire departments one year and the audit for fiscal .years
- 1995 and 1996 be .done together in 1997 to minimize costs.
- Seconded by Councilmember Rossbach Ayes = alT
7. Community Center Financial Report
a. Manager McGuire presented the staff report.
b. Director of finance Faust presented the specifics of the report.
c. Director of Parks and Recreation Anderson presented a report o what is
planned for the future.
NO ACTION REQUIRED
8. Council/Staff Retreat
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved to set April 18-19.'1996 as the date for the
Council/Staff Retreat at Riverwood Conference Center Monticello MN.
Seconded by Councilmember Koppen Ayes - all
COUNCILMEMBERS ALLENSPACH AND KOPPEN VOLUNTEERED TO FOLLOW UP ON .FACILITATORS.
38 1-22-96
L VISITOR PRESENTATIONS
1. Will Rossbach, 1386 East County Road C
a. Mr. Rossbach spoke regarding the Capital Improvement Plan to install
lighting on several City recreation facilities and expanding the sites.
b. Mr. Rossbach opposes this plan on the basis that this improvement will
draw people from other commum ties, creating traffice problems, etc. and
would not be fair to the residents.
M. COUNCIL PRESENTATIONS
1. Smoking Compliance Checks
a. Councilmember Carlson stated he had information indicating only 61X of
Maplewood was in compliance with smoking regulations.
2. Mayor's Update
Mayor Bastian commented on various items, including:
a. Montgomery Watson - Watershed Plan
b. North Maplewood Coalition of Neighbors - concerned with traffic
problems at Highway 36 and White Bear Avenue, and traffic capacity
on 694 and White Bear Avenue.
c. Multi-family dwellings
d. Association for Sensible Airport Planning
e. Ramsey County League of Local Government - 1-25-96 at new League
building.
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT OF MEETING
- 111:17. P.M. ~
G%~~r~
Lucille E. Aurelius
City Clerk
39 1-22-96