HomeMy WebLinkAbout06.05.80 MINUTES OF MAPLEWOOD CITY COUNCIL
7:30 P.M., Thursday, June 5, 1980
Council Chambers, Municipal Building
Meeting No. 80-14
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 7:30 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
Gary Wo Bastian, Councilman Present
Frances L. Juker, Councilperson Present
Earl L. Nelson, Councilman Present
C. APPROVAL OF MINUTES
1. Minutes No. 80-12 (May 1, 1980)
Councilman Anderson moved to approve the Minutes of Meeting Sdo. 80-12 (May 1, 1980)
as submitted.
Seconded by Councilman Nelson. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda. as amended:
1. Semi-phore - County Road D and White Bear Avenue
2. Review of Storm Water trouble spots
3. White Bear Avenue Re-Zoning Hearings
4. Campaign sign regulations
5. Personnel Policy Review
6. Landfill dumping - private property resolutions
7. Lawsuit Review
8. Maplewood in Motion format
9. Correspondence
10. Duluth Storm Sewer
11. Council Meetings
12. Insurance Settlement
Seconded by Councilperson Juker. Ayes - all.
E. CONSENT AGENDA
Council removed Consent Agenda items 1, 2, 6, 8 and 9 to become J 11, 12, 13, 14
and 15.
Councilman Bastian moved, seconded by Councilman Anderson, Ayes all, to approve
Consent Agenda items 3, 4, 5 and 7 as recommended.
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3. Close Nature Center Project Fund
Authorized the closing of the Nature Center Project Fund by a transfer of $10,447
to the General Fund.
4. M.P.P,O.A. Convention - Peltier and Collins
Approved the travel and training applications of Sgts. William Peltier and Kenneth
Collins to attend the Minnesota Police and Peace Officer's Association Conference
at Duluth, Minnesota, June 21 through 24, 1980.
5. International Fire Chief's Conference - Schadt
Approved the travel and training application of Fire Marshal Al Schadt to attend the
International Fire Chief's Conference at Miami Beach, Florida, September 28 through
October 1, 1980.
7. Time Extension - Crestview Third Addition
Approved a 90 day time extension for the Crestview Third Addition Preliminary plat
subject to the original conditions.
J. NEW BUSINESS
1. A. Firefighters By Laws
a. Councilman Anderson moved to approve the Maplewood Firefighters Relief Assoc-
iation By Laws as submitted.
Seconded by Councilperson Juker. Ayes - all.
b. Councilman Bastian moved Mayor Greavu as ex-officio member of the Maplewood
Firefighters Relief Association.
Seconded by Councilman Anderson. Ayes - all.
7. Appointment H.R.C,
a, Mr, Peter M. Fischer, 1812 Furness, explained his reasons for applying for
membership to the Maplewood Human Relations Commission.
b. Councilman Bastian moved to appoint Mr. Peter M, Fischer to the Maplewood
Human Relations Commission for a three year commission.
Seconded by Councilperson Juker. Ayes - all.
F. PUBLIC HEARINGS
1. Boxwood Avenue - Improvement 78-22 - 7:30 P.M.
a. Mayor Greavu convened the meeting .for a public hearing regarding the construct-
ion of street, watermain, sanitary sewer, storm sewer and necessary appurtenances
in the following described area: generally bounded on east by Sterling Street,
on the south by a line 400 feet south of Carver Avenue, on the west by McKnight
Road, on the north by a line 1800 feet north of Carver Avenue. The Clerk stated
the hearing notice was published and is in order.
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b. Assistant City Engineer Ken Haider explained the specifics of the proposal.
c. Mr. James Miller, Morgantown, West Virginia, a developer in the above stated
improvement area, spoke on behalf of the proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. The following were heard:
Mr. Richard Frismanis, 2431 Carver Avenue
Mr. Roger Singer, 1250 Dorland Road
Mr. George Nielsen, representing Capitol City Elementary School
A gentleman residing at 590 Point Douglas Road
Mr. Elmer Guetchoff, 1211 Dorland Road
f. Mayor Greavu closed the public hearing.
g. Councilman Anderson introduced the following resolution and moved its adoption:
80- 6-129
WHEREAS, after due notice of public hearing on the construction of sanitary
sewer, watermain, storm sewer, streets, curb and gutter, and necessary appurten-
ances on Boxwood Avenue (Public Improvement Project 78-22) a hearing on said im-
provement in accordance with the notice duly given was duly held on June 5, 1980,
and the Council heard all persons desiring to be heard on the matter and has
fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF MAPLEWOOD, MINNESOTA,
as follows:
1. That it is advisable, expedient, and necessary that the City of Maplewood
construction sanitary sewer, watermain, storm sewer, streets, curb and gutter,
and necessary appurtenances on Boxwood Avenue as described in the notice of
hearing thereon, and orders the same to be made, subject to the developer
paying his share of costs.
2. The City Engineer. is designated engineer for this improvement and is
_ hereby directed to prepare final plans and specifications for the making of
said improvement.
Seconded by Councilman Bastian. Ayes - all.
2. Special Use Permit - 1195 Highway 36 - 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a request
of E.E.D. Investment Partnership for a special use permit to operate an office-
warehouse on property zoned M-1, Light Manufacturing. The Clerk stated the hear-
ing notice was published and is in ordero
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
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"Commissioner Pellish moved the Planning Commission recommend to the City Council
approval of the special use permit at 1195 E. Highway 36 for the proposed mini-
storage warehouse development based on the findings that:
1. The proposal is consistent. with the City Land Use Plan;
2, The development will be compatible with the existing surrounding land uses.
Commissioner Whitcomb seconded. Ayes all."
d. Mr. Ron Flanigan, 15 Thompson Lane, the developer, spoke on behalf of the
proposal,
e. Mayor Greavu called for proponents, None were heard.
f. Mayor Greavu called for opponents, None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilman Anderson introduced the following resolution and moved its adoption:
80-6-130
WHEREAS, a petition was filed with the City of Maplewood as provided under
Section 915.010 of the Municipal Code of the City of Maplewood, said petition
having been signed by more than 50% of the owners of the property within 200
feet of the property described as follows:
The W 250 feet of Block 33, Clifton Addition, Ramsey County, subject to
roads the E 210 ft of W 250' of Block 20, Clifton Addition Ramsey County
Minnesota subj to STH 36 and further rights, easements and conveyances
° to the State of Minnesota under files No. 1538655, No. 1538656 and No.
1539997.
which has been proposed for Special Use Permit.
WHEREAS, a public hearing was held on June 15, 1980 at 7:45 P.M. in the City
Hall, notice thereof having been duly published in the official City newspaper,
and notices of said hearing having been mailed to all property owners of record
within 200 feet of the area proposed for a special use permit to operate an
office warehouse on property zoned M-1, Light Manufacturing; and
WHEREAS, the City Planning Commission has made its recommendations; and
WHEREAS, it appears for the best interest of the public that said petition
be granted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the petition for the above described Special Use Permit for F.E.D. Invest-
ments Partnership, at 1195 E. Highway 36, be granted, subject to all conditions
contained in the Planning Commission recommendation.
Seconded by Mayor Greavuo Ayes - Mayor Greavu, Councilmen
Anderson, Bastian and Nelson.
Councilperson Juker abstained.
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3. Rezoning - White Bear Avenue - 8:00 P, M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Nu Way Builders, Inc., to consider a change in zoning district from R-2
_ double dwelling, to R-3 Multiple Dwelling on White Bear Avenue approximately 340
feet south of Radatz Avenue. The Clerk stated the hearing notice was published
and is in order.
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Fischer moved that the Planning Commission recommend that the City
Council approve the rezoning on the northwest corner of the subject property to
R-2, and the remainder of the property to R-3C based on the following findings:
1. Both proposed zoning districts are compatible with the Land Use Plan
2. The proposed R-2 zoning would be in character with the adjacent R-2 property
to the north
3. The R-3C zoning would limit the type of development to townhouses, which
would satisfy the neighbors concerns and fit in with the applicant's plans.
Commissioner Kished seconded. Ayes - 8 Abstained - Coaunissioner Howard."
d. Mr. Sid Johnson, the developer, spoke on behalf of the proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. The following asked questions and pre-
sented their opinions:
Mr. Alan Doeltz, 2734 Chisholm Avenue, North St. Paul
Mr. John Stewart, 2730 Chisholm Avenue, No. St. Paul
Mr. John A. Schmidt, 2750 Chisholm Avenue, No. St. Paul
Mr. Michael McKee, 2721 Chisholm Avenue, No. St. Paul
Mr. John Linder, 2738 Chisholm Avenue, No. St. Paul
Mr. Gerry Voto, 2736 Chisholm Avenue, No. St. Paul-
Mr. James Wagner, 2742 Chisholm Avenue, No, St. Paul
g. Mayor Greavu closed the public hearing.
h. Councilman Nelson moved to approve the rezoning from R-2 to R-3 as requested
by Nu-Way Builders Inc. located on the east side of White Bear Avenue, 340 feet
south of Radatz Avenue.
Seconded by Mayor Greavu, Ayes - Mayor Greavu, Councilmen
Bastian and Nelson.
Nays - Councilperson Juker, Councilman
Anderson.
Motion needed a four fifths vote to pass.
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4. Commercial Revenue Note - K-Mart 8:15 P,M.
a, Mayor Greavu convened the meeting for a public hearing regarding an appli-
cation for a commercial revenue note to finance the purchase and remodeling of
a retail department store. The Clerk stated the hearing notice was published
and is in order.
h. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Prew moved the Planning Commission recommend to the City Council
preliminary approval of the requested revenue note financing on the basis that
it meets the existing Council criteria with particular emphasis on:
1. The project is compatible with the overall plans of the City;
2. The project would not require any significant amount of public expen-
ditures for City improvements;
3. The project is a business that the City should attract;
4. There are no other discount retail stores in close proximity.
Commissioner Barrett seconded. Ayes all."
d. Mr. Robert Shaw, Dougherty-Dawkins-Strand and Edstrom, spoke on behalf of
the request.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Mayor Greavu introduced the following resolution and moved its adoption:
80-6-131
RESOLUTION GIVING PRELIMINARY APPROVAL
TO A PROJECT UNDER THE MUNICIPAL INDUS-
TRIAL DEVELOPMENT ACT, REFERRING THE
PROPOSAL TO THE COMMISSIONER OF SECURI-
TIES FOR APPROVAL, AND AUTHORIZING PREPA-
RATION OF NECESSARY DOCUMENTS
BE IT RESOLVED by the City Council of the City of Maplewood, Ramsey County,
Minnesota (the "City"), as follows:
1. It is hereby found, determined and declared as follows:
1.1, The welfare of the State of Minnesota (the "State") requires active
promotion, attraction, encouragement and development of economically sound
industry and commerce through governmental acts to prevent, so far as possible,
emergence of blighted lands and areas of chronic unemployment, and it is the
policy of the State of Minnesota to, facilitate and encourage action by local
government units. to prevent the economic deterioration of such areas to the
point where the process can be reversed only by total redevelopment through
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the use of local, state and federal funds derived from taxation, with the
attendant necessity of relocating displaced persons and of duplicating public
services in other areas.
1.2. Technological change has caused a shift to a significant degree
in the area of opportunity for educated youth to processing, transporting,
marketing, service and other industries, and unless existing and related
industries are retained and new industries are developed to use the available
resources of the City, a large part of the existing investment of the comm-
unity and of the State as a whole in educational and public service facilities
will be lost, and the movement of talented, educated personnel of mature age
to areas where their services may be effectively used and compensated and the
lessening attraction of persons and businesses from other areas for purposes
of industry, commerce and tourism will deprive the City and the State of the
economic and human resources needed as a base for providing governmental ser-
vices and facilities for the remaining population.
1.3. The increase in the amount and cost of governmental services re-
quires the need for more intensive development and use of land to provide an
adequate tax base to finance these costs.
1.4. K-Mart Corporation a corporation (the "Company"), has
advised this Council that it desires to acquire. an existing shopping center
and site and renovate a vacant discount store and acquire and install fix-
tares therein (the "Project").
1.5. The existence of the Project in the City will contribute to more
intensive development and use of land to increase the tax base of the City
and overlapping taxing authorities and maintain and provide for an increase
in opportunities for employment for residents of the City.
1.6. The City has been advised that conventional, commercial financing
to pay the capital cost of the Project is available at such costs of borrow-
. ing that the economic feasibility of operating the Project would be signifi-
cantly reduced, but that with the. aid of municipal financing and its result-
ing low borrowing cost the Project is economically more feasible.
1.7. This Council has been advised by a representative of Dougherty,
Dawkins, Strand & Ekstrom Incorporated, of Minneapolis, Minnesota, investment
bankers and dealers in municipal bonds, that on the basis of information
submitted to them and their discussions-with representatives of the Company
and potential buyers of tax-exempt bonds, industrial development revenue
bonds or notes of the City could be issued and sold upon favorable rates and
terms to finance the Project,
1.8. The City is authorized by Minnesota Statutes, Chapter 474, to
issue its revenue bonds or notes to finance the cost, in whole or in part,
of the acquisition, construction, reconstruction, improvement or extension
of capital projects consisting of properties used and useful in connection
with a revenue producing enterprise, such as that of the Company; the issuance
of such bonds or notes by the City would be a substantial inducement to the
Company to construct its facility in the City.
2, On the basis of information given the City to date, it appears that it
would be in the best interest of the City to issue its industrial development
revenue bonds or notes under the provisions of Chapter 474 to finance the Project
of the Company at a cost presently estimated not to exceed $4,360,000.
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3. The Project is hereby given preliminary approval by the City, and the
issuance of bonds br notes for such purpose and in such amount is hereby approved,
subject to approval of the Project by the Commissioner of Securities and to the
mutual agreement of this body, the Company and the initial purchasers of the
bonds or notes as to the details of the bond issue and provisions for their pay-
went. In all events, it is understood, however, that the bonds or notes of the
City shall not constitute a charge, lien or encumbrance, legal or equitable, upon
any property of the City except the Project and each bond or note when, as, and
if issued shall recite in substance that the bond or note, including interest
thereon, is payable solely from the revenues received from the Project and Exist-
ing Plant and property pledged to the payment thereof and shall not constitute a
debt of the City.
4. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7(a),
the Mayor is hereby authorized and directed to submit the proposal for the Project
to the Commissioner of Securities for her approval of the Project. The Mayor,
the Clerk, the City Attorney and other officers, employees and agents of the City
are hereby authorized to provide the Commissioner with any preliminary information
she may need for this purpose, and the City Attorney is authorized to initiate
and assist in the preparation of such documents as may be appropriate to the
Project, if it is approved by the Commissioner.
Seconded by Councilman Anderson. Ayes - all.
5. Approval to Submit Grant Application - 8:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding an applic-
ation for Community Development Block Grant Bonus Funds to provide off-site public
improvements to facilitate the development of a 57 unit apartment complex (Maple
Knolls). The Clerk stated the hearing notice was published and is in order.
b. Manager Evans presented the staff report.
c. Councilman Anderson moved to authorize staff to aPPly to the Metropolitan
Council for Bonus Community Development Funds to provide off-site public improve-
ments (upgrading Southlawh Drive, south of Beam Avenue) to facilitate the devel-
opment df a 57 unit apartment complex (Maple Knolls).
- Seconded by Councilperson Juker. Ayes - all.
G. AWARD OF BIDS
1. Copy Machine - City Clerk
a. Manager Evans presented the staff report.
b. Councilperson Juker introduced the following resolution and moved its adoption:
80-6-132
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Eastman-Kodak in the amount of $1,376.00 per month (50,000 copies per month) for
a two (2) year period is the most responsible bid for the lease of a copier
machine and the necessary City Officials are authorized and directed to enter into
a contract with said bidder for and on behalf of the City.
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- Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilperson
Juker, Councilmen Bastian and
Nelson,
Councilman Anderson abstained.
2. Lift Station Reconstruction.
a. Manager Evans presented the staff report.
b. Councilman Bastian introduced the following resolution and moved its adoption:
80-6-133
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
F.F. Jedlicki, Inc, in the amount of $39,902.00 is the lowest responsible bid for
the remodeling of Lift Station No. 7 (Arcade. Street), and the Mayor and Clerk
are hereby authorized and directed to enter into a contract with said bidder
for and on behalf of the City.
Seconded by Councilman Nelson. Ayes - all.
c. Councilman Bastian moved to approve the transfer of $6,500.00 from the
Service Contingency Fund to pay for the expenditures that exceed the budgeted
amount.
Seconded by Councilman Nelson. Ayes - all.
3. Copy Machine - Police Department
e a. Manager Evans presented the staff report.
b. Councilperson Juker moved to authorize a 24 month rental contract with Savin
Company for the lease of a Model 880 copier for approximately $230 per month.
Seconded by Councilman Bastian, Ayes - all.
H. UNFINISHED BUSINESS
1. Frank McGinley - Audit
a. Mayor Greavu stated Mr. McGinley could not make the meeting this evening and
asked that. the matter be tabled.
b. Councilman Bastian moved to table this item until the meeting of June 19, 1980.
Seconded by Mayor Greavu. Ayes - all.
2. Rental Housing Code - Second Reading
a. Manager Evans stated the Rental Housing Code Ordinance is recommended for
second reading.
b. Councilman Anderson introduced the following-0rdinance and moved its
ado~tion•
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ORDINANCE NO. 486
Section 214
RENTAL HOUSING MAINTENANCE CODE
AN ORDINANCE ESTABLISHING MINIMUM HOUSING STANDARDS FOR RENTAL DWELLINGS AND MULTIPLE
DWELLINGS IN THE CITY OF MAPLEWOOD.
The City of Maplewood does hereby ordain:
Section 214.010. TITLE. This ordinance shall be cited as the Rental Housing
Maintenance Code.
Section 214.020. PURPOSE. The purpose of this ordinance is to assume a minimum
level of standards and levels of maintenance for rental housing in the City. The
general objectivesshall include the following:
1. to protect the character and stability of residential properties within
the City
2. to correct and prevent housing conditions that adversely affect or are likely
to adversely affect the life, safety, general welfare, and health, including
the physical, mental and social well-being of persons occupying dwellings.
within the City of Maplewood
3. to provide minimum standards for cooking, heating, and sanitary equipment
necessary to the health and safety of occupants of the buildings
4. to provide minimum standards for light and ventilation, necessary for health
and safety
5. to provide minimum standards for the maintenance of existing residential
buildings, and tothus prevent deterioration and b light.
Section 214.030. APPLICABILITY AND.SCOPE. This Ordinance shall apply to rental
housing only. The construction, repair, or alteration of residential property shall,
comply with the provisions of the housing maintenance code. Any alterations thereof
or changes of use therein, which may be caused directly or indirectly by the enforce-
ment of this Code. shall be done in accordance with applicable sections of the Building
Code and Zoning Code.
Section 214.040. DEFINITIONS.
1. Words used in the present tense include the future; words in the masculine
gender include the feminine .and neuter; the singular number includes the
plural and the plural the singular..
2. Where terms are not defined in this section and are defined in the Building
Code or Zoning Code, they shall have the meanings ascribed to them in the
Building Code or Zoning Code.
3. Where terms are not defined in this ordinance or in the Building or Zoning
Code, their common dictionary definitions shall control.
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4. Unless otherwise expressly stated, the following terms shall, for the purpose
of this ordinance, be defined as follows:
a. Approved, as applied to a material, device, or method of construction,
shall mean approved by the enforcement officer under the provisions of
this ordinance, or approved by other authority designated by law to give
approval in the matter in question.
b. Basement is that portion of a building between floor and ceiling, which is
partly below and partly above grade, but so located that the vertical
distance from grade to floor below is less than the vertical distance
from grade to ceiling.
c. Building Code shall mean .the Building Code of the City of Maplewood
including the Fire Code.
d. Cellar is that portion of the building between floor and ceiling which is
wholly or partly below grade and so located that the vertical distance
from gradeto floor below is equal to or greater than the vertical distance
from grade to ceiling.
e. Dwelling Unit is a single unit providing complete, independent living
facilities for one or more persons, including permanent provisions for
living, sleeping, eating, cooking, and sanitation.
f. Exterior Property Areas shall mean open space on the premises under the
control of owners or operators of such premises.
g. Enforcement Officer shall mean the City Manager or his authorized repre-
sentative.
h. Extermination shall mean the control and elimination of insects, rodents,
or other pests by eliminating their harborage places; by removing or
making inaccessible materials that may serve as their feed; by .poison
spraying fumigating, trapping, or by another recognized and legal pest
elimination method.
i. Grade shall mean the vertical location of the ground surface.
j. Gross Floor Area is the sum of the horizontal areas of the several floors
of all buildings on a lot, measured from the exterior faces of exterior
walls or from the center line of walls separating two buildings.
k. Habitable Space (Room) is space in a structure for living, sleeping,
eating, or cooking. Bathrooms, toilet compartments, closets, halls,
storage or utility space, and similar areas are not considered habitable
space.
1. Infestation shall mean the presence, within or contiguous to a dwelling
or premises, of noxious insects, rodents, vermin, or other pests.
m. Multiple Dwelling. A building or portion thereof containing two or
more dwelling units.
n. Occupant shall mean any person living and sleeping in a dwelling unit
or having actual possession of said dwelling or rooming unit.
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o. Operator shall mean any person who has charge, care, or control of a
multiple residence or rooming house, in which dwelling units or rooming
units are let or offered for occupancy.
p. Owner shall mean owner or owners of the freehold of the premises or lessor
estate therein, a mortgagor or vendee in possession,. assignee or rents,
receiver, executor, trustee, lessee, .other person, firm, or corporation,
in control of a building, including their managers and agents.
q. Openable Area shall mean that part of a window or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
r. Person shall mean an individual, firm, corporation, association, or partner-
, ship.
s. Plumbing or Plumbing Fixtures shall mean water heating facilities, water
pipes, gas pipes, garbage disposal units, water closets, waste pipes, sinks,
installed dishwashers, lavatories, bathtubs, shower baths, installed clothes
washing machines, or other similar equipment, catch basins, drains, vents,
or other similarly supplied fixtures, together with all connections to water,
gas, sewer or vent lines.
t. Premises shall mean a lot, plot, or parcel of land including the building
or structures thereon.
u. Rental Dwelling. Any building or portion thereof which is designated or
used primarily for residential purposes, which is rented or leased to
another and not owner occupied..
v. Residence Building shall mean a building in which sleeping accommodations or
° sleeping accommodations and cooking .facilities as a unit are provided.
w. Residential Property shall mean a building in which sleeping accommodations
or sleeping accommodations and cooking facilities as a unit are provided.
x. Rooming House shall mean any residence building, or any part thereof, con-
taining one or more rooming units, in which space is rented by the owner or
operator to three or more persons who are not husband or wife, son or daughter,
mother or father, sister or brother of the owner or operator.
y. Rooming Unit shall mean any room or group of rooms forming a single habitable
unit used or intended to be used for living and sleeping, but not having
standard kitchen facilities.
z. Supplied shall mean installed, furnished, or provided by the owner or operator.
aa. Ventilation shall mean the process of supplying and removing air by natural
or mechanical means to or from any space.
bb. Workmanlike. Whenever the words "workmanlike state of maintenance and repair"
are used in this chapter, .they shall mean the standards of the trade or industry
involved..
cc. Yard shall mean all ground, lawn, court, walk, driveway, or other open space
constituting part of the same premises as a residence building.
Section 214.060. EXTERIOR PROPERTY AREAS.
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1. Sanitation. All exterior property areas shall be maintained in a clean and
sanitary condition, free from any accumulation of refuse or garbage.
2. Grading and Drainage. All premises shall be graded and maintained so as to
prevent the accumulation of stagnant water, except in natural occurring ponding
areas on said premises, or within any building or structure located thereon.
3. Removal of Snow and. Ice. The owner of a multiple family dwelling shall remove,
or cause to be removed, all snow and ice from parking lots, driveways, steps,
and walkways on the premises, which may create a hazard to the public.
4. Free from Noxious Weeds. All exterior property areas shall be kept free from
species of weeds or plant growth which are noxious or detrimental to the public
health.
5. Insects and Rodents. Every owner of a dwelling shall be responsible for the
extermination of noxious .insects,. rodents, vermin, or other pests in all exterior
areas of the premises.
6. Accessory Structures. All accessory structures, including detached garages,
shall be maintained structurally sound and in good repair.
Section 214.070. EXTERIOR OF STRUCTURES.
1. Foundations, Walls, and Roofs. Every foundation, exterior wall, roof, and all
other exterior surfaces shall be maintained in a workmanlike state of mainte-
nance and repair.
a. The foundation elements shall adequately support the building at all points.
b. Every exterior wall .shall be free of holes, breaks, loose or rotting boards
or timbers, falling or loose stucco or brick, substantial amounts of peeling
paint, and any conditions which might admit moisture to the interior portions
of the walls or to the interior spaces of the dwelling.
c. The roof shall be tight and .have no defects which admit rain, and roof
drainage shall be adequate to prevent rain water from causing dampness in
the walls.
2. Stairs, Porches, and Railings
a. Every outside stair, every porch, and every appurtenance attached thereto
shall be so constructed as to be safe in use and capable of supporting a
load as determined in the Building Code, and shall be kept in sound condition
and good repair.
b. Every flight of stairs which is-more than four risers high shall have hand
rails which are to be so located as .determined by the Building Code; and
every porch which is more than 18 inches above grade shall have rails to
located and capable of .restraining a horizontal pressure, as determined by
the provisions of the Building Code.
3. Windows, Doors, and Hatchways. Every window, exterior door, and hatchway shall
be substantially tight and shall be kept in sound condition and repair.
a. Every window shall be fully supplied with window panes which are without
open cracks or holes.
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b. Every window sash shall be in good condition and fit reasonably tight
within its frame.
c. Every window, other than a fixed window, shall be capable of being easily
opened and shall be held in an open or closed position by window hardware.
d. Every exterior door, door hinges, or door latch shall be in good condition.
e. Every exterior door, when closed, shall fit reasonably well within its frame.
f. Every window, door, and frame shall be constructed and maintained in relation
to the adjacent wall constructions, as to exclude rain, and substantially to
exclude wind from entering the dwelling.
g. Every hatchway shall be so constructed and maintained as to prevent the en-
trance of rodents, rain and surface drainage water into the dwelling.
h. Every door available as an exit in a dwelling shall be capable of being
opened from the inside, easily and without the use of a key, or special
knowledge or effort.
Section 214.080. INTERIOR STRUCTURES. All occupied dwellings shall meet the
.following requirements:
1. Free from Dampness. All cellars, basements, and crawl spaces shall be main-
- tained reasonably free from dampness to prevent conditions conductive to decay
and deterioration of the structure.
2. Structural Members. The supporting structural members shall be maintained
structurally sound; that is, showing no evidence of deterioration and being
capable of bearing imposed loads in accordance with the provisions of the
Building Code. -
3. Interior Stairs and Railings
a. All interior stairs shall be maintained in sound condition and good repair
by replacing treads and risers that evidence excessive wear or are broken,
warped or loose. Every inside stair shall be so constructed and maintained
as to be safe to use and capable of supporting a load, as determined
by the provisions of the Building Code.
b. Every stairwell and every flight of stairs, which is more than four
risers high, shall have handrails or railings so located in accordance
with the provisions of the Building Code.
c. Every handrail or railing must be firmly fastened and must be maintained
in good condition. Properly secured railings, capable of bearing normally
imposed loads as determined by the Building Code, shall be placed on the
open portions of the stairs, balconies, landings and stairwells.
4. Bathroom Floors. Every toilet room floor surface and bathroom floor surface
shall be constructed and maintained so as to be substantially impervious to
water and so as to permit such floor to be easily kept in a clean and sanitary
condition.
5. Sanitation. The interior shall be maintained in a clean and sanitary condi-
tion, free from accumulation of refuse or garbage.
- 14 - 6/5
6. Insect and Rodent Harborage
The owner of every dwelling shall be responsible for the extermination of
noxious insects, rodents, vermin, or other such pests whenever an infestation
exists in the interior of the dwelling..
7. Interior Walls, Floors, Ceilings and Woodwork. All interior walls, floors,
ceilings and associated woodwork or trim must be maintained in a sound con-.
dition and in a workmanlike repair.
Section 214..090. BASIC FACILITIES. The following facilities shall be required
in every occupied dwelling unit:
1. Kitchen Facilities. Every kitchen shall include the following:
a. A kitchen sink in good working condition and properly connected to an
approved water supply system and which provides at all times an adequate
amount of heated and unheating running water under pressure, and which is
connected to an approved sewer system.
b. Cabinets/or shelves for the storage of eating, drinking, and cooking
- equipment and utensils and for food that does not require refrigeration
for safekeeping; and a counter or table for food preparation. Said
cabinets/or shelves and counter or table shall be adequate for the per-
missible occupancy of the dwelling unit and shall be of sound construction,
finished with surfaces that are easily cleanable and that will not impart
any toxic or deleterious effect to food.
c. A stove or similar device for cooking food, and a refrigerator or similar
device for the safe storage of food, which are properly installed with
all necessary connections for safe, sanitary, and efficient operation.
' Provided that such stove, refrigerator, or similar devices need not be
installed when a dwelling unit is not occupied and when the occupant is
expected toprovide same on occupancy, in which case sufficient space
- and adequate connections for the installation and operation of said stove,
refrigerator, dr similar device must be provided.
2. Toilet Facilities. Within every dwelling unit there shall be a nonhabitable
room with an entrance door which affords privacy to a person within said room
and which room is equipped with a flush water closet in good working condition.
Said flush water closet shall be equippedwith easily cleanable surfaces,
shall be connected to an approved water system that at all times provides an
adequate amount of running water under pressure to cause the water closet to
operate properly, and shall be connected to an approved sewer system.
3. Lavatory Sink. Within every dwelling unit there shall be a lavatory sink.
Said lavatory sink may be in the same room as the flush water closet, or if
located in another room, the lavatory sink shall be located in close proximity
to the door leading directly into the room in which said water closet is
located. The lavatory sink shall be in good working condition and shalllbe
properly connected to an approved water supply system and shall provide at all
times an adequate amount of heated and unheated running water under pressure
.and shall be connected to an approved sewer system. Water inlets for lavatory
sinks shall be located above the overflow rim of these facilities.
4. Bathtub or Shower. Within every dwelling unit there shall be a room which
affords privacy to a person within said room and which is equipped with a
- 15 - 6/5
bathtub or shower in good working conditions. Said bathtub or shower may
be in the same room as the flush water closet, or in another room, and shall
be properly connected to wn approved water supply system and shall provide
at all times an adequate amount of heated and unheated water under pressure,
and .shall be connected to an approved sewer systemo Water inlets for bathtubs
shall be located-above the overflow rim of these facilities.
5. .Door Locks and Security. All exterior doors of dwelling shall be equipped
with functional locking devices, Multiple family dwellings shall be furnished
with door locks as follows:
a. For the purpose of providing a reasonable amount of safety and general
welfare for persons occupying multiple family dwellings, an approved
security system shall be maintained for each multiple family building
to control access. The security system shall consist of locked building
entrance or foyer doors, and locked doors leading from hallways into
individual dwelling units.. Dead-latch type door locks shall be provided
with lever knobs (or door knobs) on the inside of the building entrance
doors and with key cylinders on-the outside of the building entrance
doors. Building entrance door latches shall be of a type that are per-
. manently locked from the outside and permanently unlocked from the inside.
b. Every door that is designed to provide ingress or egress for a dwelling
unit within a multiple family building shall be equipped with an approved
lock that is a dead-locking bolt that cannot be retracted by end pressure,
provided, however, that such door shall be openable from the inside with-
. out the use of key or any special knowledge or effort.
6. Removal of Basic Equipment or Facilities, No owner, operator, or occupant shall
cause any facility or equipment, which is required under this Ordinance, to be
removed from or shut off from any occupied dwelling unit, except for such
temporary interruptions as may be necessary while actual repairs. or alter-
ations are in progress, or during temporary emergencies.
7. Connection to Water and Sewer System. Every kitchen sink, lavatory basin,
bathtub, or shower and water closet required under the provisions of this
section shall be properly connected to a public water and sewer system or
to an approved private water and sewer system and shall be supplied with
hot and cold running water,
8o Water Heating Facilities. Every dwelling shall have supplied water heating
facilities which are installed in an approved manner, properly maintained,
properly connected with hot water lines, and which are capable of heating and
delivering water to such a temperature as to permit an adequate amount of
water to be drawn at every required kitchen sink, lavatory basin, bathtub,
shower, and laundry facilities or other similar units at a temperature of no
less than 120 degrees Fahrenheit,
9. Heafing Facilities. Every dwelling shall have heating facilities, The owner
of said heating facilities shall be required to see that said heating facil-
ities are properly installed, safely maintained, and in good working condit-
ion. Said facilities shall be capable of safely and adequately heating all
habitable rooms, bathrooms and toilet rooms located therein, to a temperature
consistent with State and Federal guidelines at three feet above the floor
at all times when occupied.
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10. Operation of Heating Facility and Incinerator. Every heating or water
heating facility and incinerator must be installed and must operate in
accordance with the requirements of the Building Code.
Section 214..100.. INSTALLATION AND MAINTENANCE. A11 occupied dwellings shall
-meet the following requirements:
1. Plumbing Fixtures. Every water line, plumbing fixture, and drain shall be
properly installed, connected, and maintained in working order, and must
be kept free from obstructions, leaks, and defects and capable of perform-
ing the function for which it was designed. All repairs and installations
must be made in accordance with the provisions of the Building Code.
2. Plumbing Systems. Every stack, waste, and sewer line shall be so installed
and maintained as to function properly and be kept free from obstructions,
leaks, and defects to prevent structural deterioration or a health hazard.
All repairs and installations must be made in accordance with the provfsions
of the Building Code.
3. Heating Equipment. Every space heating, cooking, and water heating device
located in a dwelling shall be properly installed, .connected, maintained,
and capable of performing the function for which it was designed in accord-
. ance with the provisions of the Building Code.
4. Electrical Service, Outlets, Fixtures. All dwelling units shall be supplied
with electrical service that is adequate to safely meet the electrical
needs of the structure in accordance with the provisions of the Building
Code. Every electrical outlet and fixture shall be installed, maintained,
and connected to the source of electrical power, in accordance with the
provisions of the Building Code.
5. All Facilities and Equipment. All required equipment and all building space
and parts in every dwelling shall be constructed in accordance with the pro-
visions of the Building Code. All housing facilities shall be maintained
in a clean and sanitary condition so as not to breed insects and rodents or
produce dangerous or offensive gases or ordors.
Section 214.110.. LIGHT AND VENTILATION. All occupied dwellings shall meet the
following requirements:
1. Natural Light in Dwellings. Every dwelling unit shall have at least one
window of approved size facing .directly to the outdoors or to a court,
provided that if connected to a room or area used seasonally (e.g. porch),
then adequate daylight must be possible through this interconnection.
2. Light in Non-Habitable Work Space. In multiple dwellings, every laundry,
furnace room, and all similar non-habitable work space shall have one
supplied electric light fixture available at all times.
3. Light in Public Halls and Stairways. Every public hall and inside stairway
shall be lighted at all times with an illumination of at least five lumens
per square foot in the darkest portion of the normally traveled stairs and
passageways..
4. Electric Outlets Required. All dwellings shall have an adequate number of
electrical outlets and electrical lighting fixtures for normal usage, subject
to the approval of the Electrical Inspector.
- 17 - 6/5
5. Adequate Ventilation. Every dwelling shall have at least one window which
can be easily opened or such other device as will adequately ventilate the
dwelling..
6. Ventilation and Light in Bathroom and Water Closet Compartment. Every bath-
room and water closet compartment shall have at least one window for light
and ventilation, except that no window shall be required in the bathrooms or
water closet compartments equipped with an approved ventilation system.
Section 214.120. MINIMUM STANDARDS FOR SAFETY FROM FIRE. All occupied dwellings
shall comply with the applicable provisions of the Fire Prevention Ordinances of the
City of Maplewood and the following additional standards for safety from fire:
1. Exclusion of Residence. Building from Storing Flammable Liquid. No dwelling
shall be located within a building containing any business handling, dis-
pensing, or storing flammable liquids with a flash point of 100 degrees
Fahrenheit, as defined by the 1976 Edition of the NFPA Life Safety Code ~F101.
2. All exit requirements of the Building Code shall be complied with.
3. Cooking and Heating Equipment. All cooking and heating equipment, components,
and accessories, in every heating, cooking, and water heating device shall
be maintained free from leaks and obstructions, be properly vented, and kept
functioning properly so as to be free from fire, health, and accident hazards.
All installations and repairs shall be made in accordance with the regulations
of the Building Code,
4. Approved U.L. smoke alarms, which are functional and in good working order,
shall be provided in all dwellings, where required by State law.
Section 214.130. RESPONSIBILITIES RELATING TO THE MAINTENANCE OF DWELLING UNITS.
1, Maintenance of Private Areas, Every occupant of a dwelling shall keep in a
clean and sanitary condition, that part of the dwelling and premises thereof,
which he occupies, controls, or uses,
2. Maintenance of Shared or Public Areas. Every owner of a dwelling, containing
two or more dwelling units, shall maintain in a clean and sanitary condition
the shared or public areas of the dwelling and premises thereof.
3. Disposal of Garbage and Refuse. Every occupant of a dwelling shall dispose
of all his rubbish in a clean and sanitary manner consistent with Section
1402 of the Garbage and Refuse Code.
4. Use and Operation of Supplied Plumbing Fixtureso Every occupant of a dwelling
shall keep the supplied plumbing fixtures therein clean and sanitary and shall
be responsible for the exercise of reasonable care in their proper use and
operation..
5. Installation and Care of Plumbing Fixtures Furnished by Occupant. Every
plumbing fixture furnished by the occupant shall be properly installed; main-
tained in good working condition; clean and sanitary; and free from defects,
leaks, or obstructions.
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Section 214.140. ROOMING HOUSES. No person shall operate a rooming house or
shall occupy oz let to another for occupancy any rooming unit in any rooming house,
except incompliance with the provisions of every subdivision of this sectiono
1. Water Closet, Hand Lavatory and Bath Facilities. At least one water closet,
lavatory basin, and bathtub or shower, properly connected to an approved
water and sewer system and in good working condition, shall be supplied for
each four rooms within a rooming house wherever said facilities are shared.
All such facilities shall be located within the residence building served
and to be directly accessible from a common hall or passageway to all persons
sharing such facilities, Every lavatory basin and bathtub or shower shall
be supplied with hot and cold water at all times.
2, Minimum Floor Area for Sleeping Purposes. Every room occupied for sleeping
purposes by one person shall contain at least 70 square feet of floor area.
Every room occupied for sleeping purposes by two or more persons shall contain
at least 50 square feet of floor area for each occupant thereof.
3. Bed Linen and Towels. The operator of every rooming house shall change
_ supplied bed linen and towels therein at least once a week and prior to the
letting of any room to another occupant. The operator shall be responsible
for the maintenance of all supplied bedding in a clean and sanitary manner.
4. Shades, Drapes,. Etc. Every window of every rooming unit shall. be supplied
with shades, draw drapes, or other devices or materials which, when pro-
perly used, will afford privacy to the occupant of the rooming unit.
5. The operator of every rooming house shall be responsible for the sanitary
maintenance of all walls, floors, and ceilings, and for the sanitary main-
tenance of every other part of the rooming house; and he shall be further
responsible for the sanitary maintenance of the entire premises, where the
entire structure of building within which the rooming house is contained is
leased or occupied by the operator.
6. Every water closet, flush urinal, lavatory basin, and bathtub or shower
shall meet .the design standards of Section 214.090 and shall be located with-
in a room or rooms which:
a. Afford privacy and are separate from the habitable rooms.
b. Are accessible from a common hall and without going outside the rooming
house.
Section 214.150. VACATED DWELLINGS. The owner of any dwelling, which has been
declared unfit for human habitation, or which is otherwise vacant for a period of
60 days or more, shall make same safe.and secure so that it is not hazardous to the
health, safety, and welfare of the public .and does not constitute a public nuisance.
Any vacant dwelling open at doors or windows, if unguarded, shall be deemed to be
a hazard to the health, safety, and welfare of the public and a public nuisance
within the meaning of this Ordinance.
Section 214.160. HAZARDOUS BUILDING DECLARATION. In the event that a dwelling
has been declared unfit for human habitation and the owner has not remedied the
defects within a prescribed reasonable time, the dwelling may be declared a hazar-
dous building and treated consistent with the provisions of Minnesota Statutes.
- 19 - 6/5
Section 214.170. ENFORCEMENT OFFICER. It shall be the duty of the Environ-
mental Health Official and his authorized representatives to enforce the provisions
of this Ordinance. Authorized representatives shall include the Building Inspectors,
the Director of Public Safety or his representatives, or the Health Officer.
Section 214.180. INSPECTION OF DWELLINGS, GENERALLY. The enforcement officer
shall be authorized to make or cause to be made inspections to determine the con-
dition of dwellings and premises in order to safeguard the health, safety, and
welfare of the public. The enforcing officer, or his designated representatives,
shall be authorized to ehter any dwelling or premises at any reasonable time for
the purpose of performing his duties under this Ordinance. If the owner, operator,
or person in possession of the dwelling shall refuse to consent to the inspection
and there is probably cause to believe that a violation exists within the particular
structure, a Search Warrant may be obtained.
Section 214.190. ACCESS BY OWNER OR DWELLING. Every occupant of a dwelling
shall give the owner or operator thereof, or his agent or employee, access to any
part of such dwelling unit, rooming unit, or its premises, at reasonable times
for the purpose of affecting such inspection and maintenance, making such repairs,
or making such alterations as are necessary to comply with the provisions of this
Chapter.
Section 214,200. COMPLIANCE .ORDER. Whenever the Enforcement Officer deter-
mines that any dwelling, dwelling unit, or rooming unit, or the premises sur-
rounding any of these, fails to .meet the provision of this Ordinance, he may issue
a Compliance Order setting forth the violations of the Ordinance and ordering the
owner, occupant, operator, or agent to correct such violations. This Compliance
Order shall:
1. Be in writing
2. Describe the location and nature of the violations of this Ordinance
3, Establish a time for the correction of such violation and notify of appeal
recourse.
4. Be served upon the owner or his agent or the occupant, as the case may
requixe. Such notice shall be deemed to be properly served upon such
owner or agent, or upon any such occupant, if a copy thereof is:
a. Served upon him personally, or
b, Sent by registered or certified .mail to his last known address, or
c. Upon failure to effect notice through (a) and (b) as set dut in
this section, posted at a conspicuous place in or about the dwelling
which is affected by the notice.
Section 214.210. VARIANCE. Appeals of interpretation or variance shall be
made to the City Manager. If not satisfied, further appeal may be made to the
Board of Adjustments and Appeals according to established-City procedures. The
Board will hear requests for variance and interpretation of the ordinance, The
Board may grant variances in instances where the strict enforcement would cause
undue hardship because of circumstances unique to the individual property under
consideration, and when it is demonstrated that such action will be in keeping
with the spirit and intent of the ordinance.
- 20 - 6/5
Section 214.211. VIOLATION - PENALTY. Any person, firm or corporation
failing to comply with the provisions of Section 214 of the Code shall be guilty
of a misdemeanor, and subject to prosecution.
This ordinance shall be in effect from its passage and publication according
to law.
Seconded by Councilperson Juker. Ayes - all.
3. Code Amendment - Accessory Building Setback - Second Reading
a. Manager Evans stated the City Council gave first reading to this ordinance on
May 15, 1980. There were no-changes suggested, I would, therefore, recommend
approval of the ordinance on second reading.
b. Councilman Anderson introduced the following ordinance and moved its adoption:
ORDINANCE N0. 487
An Ordinance Amending Chapters
904 and 905 of the
Maplewood Municipal Code Relating to Accessory Building
Setbacks
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS:
Section 1. Section 904.050 is hereby amended to read as follows:
904.050. SIDE YARD REQUIREMENTS. Each lot shall have two side yards, one on
each side of the building. For every building erected or structurally altered,
each side yard shall have a width of not less than five feet (Sft.) subject to
the following modifications:
- 1. On a corner lot, the side yard on the street side of such corner lot shall
have a width of not less than thirty feet (30ft.).
2. A church, public, parochial, or private school shall have a side yard of
not less than fifty feet (SOft.) on each side adjoining other property.
3. When two or more adjoining lots are used as a single building site the
side yard requirements shall apply only to the outside lot lines.
904.060 and 905.060. REAR YARD REQUIREMENTS.
1. The rear yard for each lot shall have a depth equal to, or greater than,
twenty percent (20%) of the depth of the lot.
2. The setback for dwelling accessory buildings shall be not less than five
feet (Sft.) from the rear lot line except that on a corner lot, a thirty
foot (30ft.) setback from the street side shall be the minimum.
904.090 and 905.080. BUILDING SEPARATION REQUIREMENT. Separation between
an accessory structure and a principal structure or another accessory structure
shall be in conformance with Building Code requirements.
Section 2. This Ordinance shall take effect upon its passage and publication.
- 21 - 6/5
Seconded by Councilman Bastian. Ayes - Councilperson Juker, Councilmen
Anderson, Bastian and Nelson.
Nays - Mayor Greavu.
c. Councilman Anderson introduced the following ordinance and moved its adoption:
ORDINANCE N0, 488
AN ORDINANCE AMENDING CHAPTER 912 OF THE
MAPLEWOOD MUNICIPAL CODE RELATING TO
ACCESSORY BUILDING SETBACK
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS:
Section 1. Section 912.010 is hereby amended by adding subsection 8 as
follows:
912.010 (8) EXPANSION OF ACCESSORY BUILDINGS, An accessory building which is
caused to be non-conforming, due to an amendment to the Zoning Code, may be ex-
panded if the following conditions are met:
a. The building is zoned properly
b. The building was a conforming structure prior to the effective date of
Ordinance No. 488,
c. All presently applicable Building Code requirements are met
d. All portions of said structure are on the Applicant's property
e, Runoff from the overhang of said structure is not adversely affecting an
adjacent property
f. Any proposed building addition shall be made away from side and rear lot
lines.
Section 2. This Ordinance shall take effect upon its passage and publication.
Seconded by Councilman Bastian. Ayes - Councilperson Juker, Councilmen
Anderson, Bastian and Nelson.
Nays - Mayor Greavu.
4. Pigeon Ordinance - Second Reading
a. Manager Evans recommended second reading on the submitted ordinance..
b. Councilman Anderson introduced the following ordinance and moved its adoption:
ORDINANCE N0. 489
AN ORDINANCE AMENDING SECTION 916.010
CONCERNING THE ZONING CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS:
Section 1, Section 916.010 is hereby amended by adding thereto the follow-
- 22 - 6/5
ing subsection:
916.010. Subsection (17). The term animal shall mean any animate being,
except a human being, which is endowed with the power of voluntary motion, in-
cluding but not limited to fish, birds, mammals, reptiles and insects.
Section 2. This ordinance shall take effect and be enforced from and after
its passage and publication as provided by law.
Seconded by Councilman Bastian. Ayes - all.
5. Linwood Heights - Time Extension and Developers Agreement
a. Manager Evans presented the staff report recommending approval of the time
extension for 90 days.
b. Mr. Ken Gervais, the developer, spoke on behalf of the proposal.
c. Councilman Nelson moved to approve the extension of the preliminary plat of
Linwood Heights.
Seconded by Councilman Andersono
Councilman Nelson withdrew his motion.
Councilpexson Juker moved to extend the meeting past-the 11:30 P.M. deadline.
Seconded by Councilman Anderson. Ayes - Mayor Greavu; Councilperson
Juker, Councilmen Anderson and
Nelson.
Nays - Councilman Bastian.
d. Councilman Anderson moved to approve the 90 day extension for the Linwood
Heights Preliminary Plat acid introduced the following resolution and moved its
adoption-
80-6-134
WHEREAS, the developer (Castle Design and Development Company, and Dawn
_ Development) of Public Improvement Project No. 78-10 have not provided the necessary
financial guarantees to proceed with mentioned project, and the Council desires to
proceed with the preparation of final plans and specifications;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COSTNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
The City Engineer is hereby directed to prepare final plans and specifications
for the aforementioned project provided the developer(s) pays all costs for the
preparation of these plans and specifications.
Seconded by Councilman Bastian. Ayes - allo
6o Purchasing Procedures
- 23 - 6/5
a. Manager Evans stated he had noted that there is not a purchasing procedure
which has been .officially adopted by City Council, The submitted purchasing
policy relfects both state law and present practices, I believe that it is best
to have a formal procedure adopted by you so that there is no doubt on anyone's
part as to the proper methodology to be followed.
-Good purchasing practices are a cornerstone of any operation, It is my intention
and that of staff to keep on top of all expenses. A properly adopted procedure
is one important facet involved in the total purchasing program.
I would .recommend your adoption of the submitted purchasing policy,
b, Councilman Nelsoh introduced the following resolution and moved its adopiton:
80-6-135
RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD that the following Purchasing
Procedures Policy is adopted:
Section 1. Introduction.
All purchasing by local government units is regulated by State law. Because
of these laws, and because of the unique nature of budget and tax levy procedures
for funding City government, it is essential that all City employees conform to
the purchasing procedures set forth below.
The role of the City Manager is to review and approve departmental purchases,
or monitor the purchasing actions of the department head. The role of the Finance
Director is to insure that proper payment procedures are adhered to and that the
distribution of purchase orders is controlled.
Purchases Over $10,000
A, .All merchandise, materials or equipment exceeding $10,000, except emergency
purchases, must be purchased on a formal bido The following procedural
requirements must be met before an item may be purchased.
1. Written notification by a department head to the City Manager
that items or services over $10,000 are needed including
supporting narrative as to the amount of funds budgeted or
the intended source of funds.
2. Advertisement in the local newspaper 10 days in advance of bid
opening is required.
3. Time fox tabulation of bids and submission. of recommendation to
the Council. must be allowed,
4. Council award of the bid. The Council may wish to table an award on a
difficult matter thereby delaying the purchase. Therefore, careful
consideration must be given to the complexity of an item,
B. It shall be the responsibility of the requesting department to prepare
specifications. After specifications have been prepared, they shall be sub-
- - mitted to the Manager's office for approval, No request to advertise for
bids shall be published until specifications are approved by the Manager's
office.
- 24 - 6/S
C. Once the Council has awarded the bid, a requisition form shall be prepared
by the department head for signature by the Manager's office. Distribution
of the purchase order, receiving and reporting of the goods, and payment pro-
cedures will be as determined by the City Manager.
Purchases Between $10,000 and $1,000
All merchandise, materials, or equipment under $10,000 but more than $1,000
which have been budgeted may be approved .for purchase by the City Manager but
only when quotations are obtained by supplying vendors with a description or
specification of the merchandise, materials, or equipment to be purchased. A
minimum of two (2) quotations, whenever possible, shall be supplied for such
= purchases. Such quotation shall accompany the requisition request and be
maintained as part of the City's records. The requesting department head should
also be prepared to demonstrate to the Manager that a better price cannot be
obtained by formal bid on such items.
Purchases Under $1,000
The majority of items. in this category are considered to be purchases of
materials, supplies and equipment for day to day use. Each department is required
to develop a list of .vendors where such items can be purchased at the best price.
Purchase of these items (as well as those above $1,000) are to follow the following
guidelines. Minor changes in the guidelines or procedures that do not affect the
- basic intent of this policy may be made by the City Manager.
LIMITED PURCHASE ORDERS
1) Can be used for all purchases up to $100.
2) Employee placing an order shall fill out the limited purchase order when order
is made or merchandise is picked up and the White copy should be given to the
vendor. (however, if the vendor requires that a purchase order be sent to
them, this procedure can not be followed. Instead, a requisition should be
prepared and noted on it that a purchase order was needed.).
3) After the merchandise or service is received, the employee should indicate on
the yellow copy of the limited purchase order that there had been complete
delivery of items ordered. The yellow copy should then be sent to the Finance
Dept, as indication that the invoice was OK to pay. In the case of partial
deliveries, a report of goods received form should be prepared for each partial
delivery and the yellow copy should be sent to the Finance Dept. after the
final delivery.
4) The three copies of a completed limited purchase order are distributed between
the vendor, Finance Dept, and department making the purchase.
REQUZSTIONS
1) Used for purchases when merchandise or service is to be ordered and exceeds
$100 or when a vendor requires a purchase order.
2) Quotations from two vendors should be listed on requisition when purchase
exceeds $100.
3) Purchase orders are issued only when requisition is noted "P.O. needed".
4) Must be approved by the City Manager (when required) and the Finance Dept.
PRIOR to ordering merchandise or service. Copy of approved requisition
(Or purchase order if needed) will be returned to department making the
purchase.
5) On items formally bid, a requisition should be sent through the City Manager
to the Finance Dept, after award of bid by City Council. This enables
- 25 - 6/5
creation of an encumbrance on budget reports.
6) After the merchandise is received or service completed, a Receipt of Goods/
Services Form must be sent to the Finance Dept. This serves as notification
that the bill is OK to pay.
_ CHECK REQUEST FORM
1) In general, to be used only when bill or invoice has been received and attached
to the form. Examples of authorized uses are: (a) Payments required by
contract. (b) Subscription and membership fees. (c) Routine repair and mtnce.
(up to $300). (d) Pay for temporary employees. (3) Employee reimbursement.
(f) When vendor requires a cash purchase.
2) Normally a check will be issued only after Council has approved payment.
POLICE UNIFORM PURCHASE ORDER FORM
1) This form should be used by all patrol officers covered by the Local 320 con-
tract. Officers not covered by the Local 320 contract should submit a check
request Form with an approved uniform authorization. Form attached.)
2) The procedure for use of the form is as follows:
A. Officer will insert name, date, and quantities on this form with a
duplicate copy.
B. The original and duplicate will be submitted for approval by either
a lieutenant, the deputy chief, or chief. Upon approval, it will
be signed, dated, and assigned a P.O. number. In addition, the
cost amounts will be inserted and a copy of the approved form will
be transmitted to the Finance Department.
C. The officer will take the original to the supplier and pick up the
items approved. If all items were not in stock, officer will take
with him what is available.
D. The officer will complete a report of goods received form and trans-
- mit this to the Finance Department. If all items were not in stock,
a second report of goods received form will be completed upon
receipt of the remaining items ordered.
E. The .Finance Department will process payment of invoices received from
the supplier after matching the invoice with the appropriate report
of goods received form and a police uniform and equipment purchase
order.
Emergency Purchases
The statutes specifically state that all contracts, either for materials or
for construction purposes, require an expenditure of $10,000 or more must be let
to the lowest responsible bidder after notice has been published in the official
newspaper. Exceptions to this rule may be made only in the case of an emergency.
The existence of an emergency is a question of fact requiring determination by i
the Council.
Distribution of Property
Property removed from inventory to be sold, salvaged, or traded, shall be
approved by the City Council if the value of property to be disposed
exceeds $1,000. Other property to be disposed of must have the approval of
the City Manager.
Any request to dispose of property must be in writing and submitted to the
- 26 - 6/5
City Manager, If the value of the property exceeds $1,000 the City Council must
authorize the disposal. Upon approval to dispose of property the following
procedures shall be implemented:
Either 1) A notice of public sale, or request for offers, shall be published
in the legal newspaper at least ten days in advance of the close
of offers. The notice shall specify the property to be disposed
of and the location and time(s) that the property can be examined.
The property will then be sold to whoever presents the highest bona
fide offer to the City by the close of offers.
Or, 2) The property to be disposed of shall be delivered to the custody
of the Police Department to be sold at public auction as per the
Municipal Code Chapter 23 Article III.
All proceeds from the sale of property shall be deposited into the fund from which
the property was originally paid, and if in doubt, to the General Fund.
Seconded by Councilperson Juker. Ayes - CouncilpersonJuker, Councilmen
Anderson and Nelson.
Nays - Mayor Greavu, Councilman Bastian.
I. VISITOR PRESENTATIONS
None,
Councilman Anderson left the meeting at 11:50 P,M,
J. NEW BUSINESS (continued)
1. Authorization to Sell Bonds
a. Manager Evans presented the staff report and recommended the following:
1. Adopt the resolution providing for the sale of $2,950,000.00 temporary
improvement bonds.
_ 2. Adopt the resolution providing for the sale of $570,000 fire station
bonds.
b. Mayor Greavu introduced the following resolution and moved its adoption:
80-6-136
RESOLUTION PROVIDING FOR PUBLIC SALE
OF $2,950,000
GENERAL OBLIGATION TEMPORARY
IMPROVEMENT BONDS OF 1980
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as
follows:
1. It is hereby found, determined and declared that this City should issue
$2,950,000 General Obligation Temporary Improvement Bonds of 1980 to defray the
expense of various improvements in the City.
- 27 - 6/5
2. This Council shall meet at the time and place specified in the form of notice
hereinafter contained for the purpose of opening and considering sealed bids for, and
awarding the-sale of $2,950,000 General Obligation Temporary Improvement Bonds of
1980 of said City.
3. The City Clerk is hereby authorized and directed to cause notice of the time,
place and purpose of said meeting to be published in the official newspaper of the
City and in Commercial West not less than ten days in advance of date of sale, as
provided by law, which notice shall be in substantially the form set forth in Exhibit
A attached hereto.
4. The terms and conditions of said bonds and the sale thereof are fully set
forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorpor-
ated herein by reference.
EXHIBIT A
NOTICE OF BOND SALE
$2,950,000
CITY OF MAPELWOOD
RAMSEY COUNTY
MINNESOTA
GENERAL OBLIGATION TEMPORARY IMPROVEMENT
BONDS OF 1980
These bonds will be offered Thursday, July 17, 1980. Bids will be opened at 3:00
p.m., Central Daylight Time at the offices of Juran & Moody, Inc., 114 E. 75h Street,
St. Paul, Minnesota and will be presented to and acted upon by the City Council at
7:30 p.m., Central Time in the Council Chambers of the City Hall in Maplewood, Minn-
esota. The bonds will be dated August 1, 1980 and interest will be payable August 1,
1981 and semiannually thereafter. The bonds will be general obligations of the Issuer
for which its unlimited taxing powers will. be pledged. The bonds will mature on
April 1, 1983.
All bonds are subject to prior payment on August 1, 1981 and any interest payment
date thereafter at a price of par and accrued interest. Sealed bids for not less
than $2,907,000 and accrued interest on the principal sum of $2,950,000 will be
accepted. No rate of interest nor the net effective average rate of the issue may
exceed 12% per annum. An acceptable approving legal opinion will be furnished by
Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota.
The proceeds will be used to finance various improvement in the City.
Dated: June 5, 1980 BY ORDER OF THE CITY COUNCIL
/s/ Lucille Aurelius
City Clerk
Additional information may be obtained from:
Juran & Moody, Inc.
114 East Seventh Street
St. Paul, Minnesota 55101
Telephone No: 612-298-1524
-28-
EXHIBIT B
OFFICIAL TERMS OF
BOND SALE
$2,950,000
GENERAL OBLIGATION TEMPORARY IMPROVEMENT
BONDS OF 1980
CITY OF MAPLEWOOD
RAMSEY COUNTY
MINNESOTA
NOTICE. IS HEREBY GIVEN that these bonds will be offered for sale according to the
following terms:
TIME AND PLACE: These bonds will be offered Thursday,
July 17, 1980. Bids will be opened
at 3:00 p.m., Central Time at the
offices of Juran & Moody, Inc., 114
E 7th Street, in St. Paul, Minnesota
and will be presented to and acted
- upon by the City Council at 7:30 p.m „
Central Time in the Council Chambers
of the City Hall, in Maplewood, Minn-
esota,
TYPE OF BONDS: Negotiable coupon general obligation
bonds, $5,000 denominations or larger
at the option of the purchaser.
DATE OF BONDS: August 1,.1980.
PURPOSE: To finance various improvements in
the City.
INTEREST PAYMENTS: August 1, 1981, and semi-annually
thereafter on February l and August 1.
MATURITY: August 1, 1983..
REDEMPTION: At the option of the issuer, all bonds
shall be subject to prior payment,
in inverse order of serial numbers,
on August 1, 1981 and any interest
payment date thereafter, at a price
of par and accrued interest.
PAYING AGENT: Bidder°s discretion.
CUSIP NUMBERS: It is anticipated that CUSIP numbers
will be printed on said bonds, but
neither the failure to print such numbers
on any bond nor any error with respect
thereto shall constitute cause for a
failure or refusal by the purchaser
thereof to accept delivery of and pay
for said bonds in accordance with terms
of the purchase contract.
- 29 - 6/5
DELIVERY: Forty days after award subject to
approving legal. opinion of Briggs and
Morgan, Professional Association, of
St. Paul and Minneapolis, Minnesota.
Bond printing and legal opinion will be
paid by issuer and delivery will be any-
where in the continental United States
without cost to the purchaser. Legal
opinion will be printed on the bonds at
the request of the successful bidder.
TYPE OF BID: Sealed bids of not less than $2,907,000
and accrued interest on the principal
sum of $2,950,000 from date of bonds to
date of delivery must be filed with the
undersigned prior to the time of sale.
Bids must be unconditional except as to
legality. A certified or cashier's
check in the amount of $59,000, payable
to the order of the Finance Director of
the issuer must accompany each bid, to
be forfeited as liquidated damages if
bidder fails to comply with accepted
bid. Bids for the bonds should be
addressed to:
Daniel F. Faust
Director of Finance
City of Maplewood
1380 Frost Avenue
Maplewood, Minnesota 55109
RATES: All rates must be in intergral mul-
tiples of 1/20th or 1/8th of 1% and
may not exceed 12% per annum. Addit-
Tonal interest coupons may not be used.
No limitation is placed upon the number
of rates which may be used.
AWARD: Award will be made solely on the basis
of lowest dollar interest cost, deter-
mined by addition of any discount to
the total interest on all bonds from
their date to their stated maturity.
The net effective average rate of the
issue may not exceed 12% per annum.
The Issuer reserves the right to reject any and all bids, to waive informalities and
to adjourn the sale.
Dated: June 5, 1980
BY ORDER OF THE CITY COUNCIL
/s/ Lucille E. Aurelius
City Clerk
- 30 - 6/5
Additional information
may be obtained from:
JURAN & MOODY, INC.
114 East Seventh Street
St. Paul, Minnesota 55101
Telephone No. 612-298-1524
Seconded by Councilman Nelson. Ayes - all.
c. Mayor Greavu introduced the following resolution and moved its adoption:
80-6-137
RESOLUTION PROVIDING FOR PUBLIC SALE
DF $570,000
GENERAL OBLIGATION FIRE STATION
BONDS OF 1980
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
1. It is hereby found, determined and declared that this City should issue
$570,000 General Obligation Fire Station Bonds of 1980 to defray the expense of the
acquisition and betterment of afire station for the City.
2. This Council shall meet at the time and place specified in the form of
notice hereinafter contained for the purpose of opening and considering sealed bids
for, and awarding the sale of $570,000 General Obligation Fire Station Bonds of 1980
of said City.
3. The City Clerk is hereby authoirzed and directed to cause notice of the time,
' place and purpose of said meeting to be published in the official newspaper of the
City and in Commercial West not less than ten days in advance of date of sale, as
provided by law, which notice shall be in substantially the form set forth in Exhibit
A attached hereto.
4. The terms and conditions of said bonds and .the sale thereof are fully set
forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and Incor-
porated herein by reference.
EXHIBIT A
NOTICE OF BOND SALE
$570,000
CITY OF MAPLEWOOD
RAMSEY COUNTY
MINNESOTA
GENERAL OBLIGATION FIRE STATION
BONDS OF 1980
These bonds will be offered Thursday, July 17, 1980. Bids will be opened at 3:00 p.m.,
Central Daylight Time at the offices of Juran & Moody, Inc., 114 E. 7th Street, in
St. Paul, Minnesota and will be presented to and acted upon by the City Council at
7:30 p.m., Central Daylight Time in the Council Chambers of the City Hall in Maple-
wood, Minnesota. The bonds will be dated August 1, 1980 and interest will be payable
August 1, 1981 and semiannually thereafter. The bonds will be general obligations
- 31 - 6/5
of the Issuer for which its unlimited taxing powers will be pledged. The bonds
will mature on August 1 in the amounts and years as follows:
$50,000 1981 $.50,000 1986
$50,000 1982 $50,000 1987
$50,000 1983 $70,000 1988
$50,000 -1984 $75,000 1989
$50,000 1985 $75,000 1990
Sealed bids for not less. than $570,000 and accured interest on the principal sum
of $570,000 will. be accepted. No rate of interest nor the net effective average
rate of the issue may exceed 12% per annum. An acceptable approving legal opinion
will be furnished by Briggs and Morgan, Professional Association, of St. Paul and
Minneapolis, Minnesota. The proceeds will be used for the acquisition and betterment
of afire station for the City.
Dated June 5, 1980 BY ORDER OF THE CITY. COUNCIL
/s/ Lucille Aurelius
City Clerk
- Additional information
may be obtained from:
Juran & Moody, Inc.
114 East Seventh Street
St. Paul, Minnesota 55101
Telephone No.: 612-298-1524
EXHIBIT B
OFFICIAL TERMS OF
BOND SALE
$570,000
GENERAL OBLIGATION FIRE STATION
BONDS OF 1980
CITY OF MAPLEWOOD
RAMSEY COUNTY
MINNESOTA
NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the
following terms:
TIME AND PLACE: These bonds will be offered Thursday,
July 17, 1980. Bids will be opened at
3:00 p.m., Central Daylight Savings
_ Time at the offices of Juran & Moody, Inc.
114 E. Seventh Street, in St. Paul,
Minnesota and will be presented to and
acted upon by the City Council at 7:30
p.m., Central Daylight Time in the
Council Chambers of the City Hall, in
Maplewood, Minnesota.
- 32 - 6/5
TYPE OF BONDS: Negotiable coupon general obligation
bonds, $5,000 denominations or larger
at the option of the purchaser.
DATE OF BONDS: August 1, 1980.
PURPOSE:. To provide funds for the acquisition
and betterment of afire station for
the City.
INTEREST PAYMENTS: August 1, 1981, and semi-annually
thereafter on February 1 and August 1.
MATURITY: August 1 in each of the years and
amounts as follows:
1981 $50,000 1986 $50,000
1982 $50,000 1987 $50,000
1983 $50,000 1988 $70,000
1984 $50,000 1989 $75,000
1985 $50,000 1990 $75,000
REDEMPTION: .All bonds shall be without option of
prior payment.
PAYING AGENT: Bidder's discretion.
CUSIP NUMBERS: It is anticipated that CUSIP numbers
will be printed on said bonds, but
neither the failure to print such
numbers on any bond nor any error with
° respect thereto shall constitute cause
for a failure or refusal by the purchaser
thereof to accept delivery of and pay
for said bonds in accordance with terms
of the purchase contract.
DELIVERY: Forty days after award subject to
approving legal opinion of Briggs and
Morgan, Professional Association, of
St, Paul and Minneapolis, Minnesota.
Bond printing and legal opinion will be
paid by issuer and delivery will be
anywhere in the continental United States
without cost to the purchaser. Legal
opinion will be printed on the bonds at
the request of the successful .bidder.
TYPE OF BID: Sealed bids of not less than $570,000
and accured interest on the principal
sum of $570,000 from date of bonds to
date of delivery must be filed with the
undersigned prior to the time of sale.
Bids must be unconditional except as to
legality. A certified or cashier's
check in the amount of $11,400, payable
to the order of the Finance Director of
of the issuer must accompany each bid,
- 33 - big
Bids for the bonds should be addressed
to:
Daniel Faust
Director of Finance
City of Maplewood
1380 Frost Avenue
Maplewood, Minnesota 55109
RATES: All rates must be in integral multiples
of 1/20th or 1/8th of 1% and may not
exceed 12% per annum. Additional inter-
est coupons may not. be used. No
limitation is placed upon the number of
rates which may be used.
AWARD: Award will be made solely on the basis
of lowest dollar interest cost, deter-
mined by deduction of any premium from
the total interest on all bonds from
their date to their stated maturity.
The net effective average rate of the
issue may not exceed 12% per annum.
The Issuer reserves the right to reject any and all bids, to waive informalities and
to adjourn the sale.
Dated: June 5, 1980
BY ORDER OF THE CITY COUNCIL
/s/ Lucille Aurelius
City Clerk
Additional information
may be obtained from:
JURAN & MOODY, INC.
714 E. Seventh Street
St. Paul, Minnesota 55101
Telephone No. 612-298-1524
Seconded by Councilman Nelson. Ayes - all.
2. Appointment - Cable TV Committee
a. Manager Evans presented the staff report.
b. Council tabled appointments to the Cable TV Committee to allow review of the
resumes of the candidates.
3. Renewal of Park Lease - Holy Redeemer Church
a. Manager Evans stated he had reviewed the proposed agreement between the
Church of Holy Redeemer and City of Maplewood and recommend that the Mayor and
Clerk execute this agreement. The new agreement makes some changes as follows:
1) Item 9 in the new agreement states strongly that the City shall not extend
Barclay Street over said property. In the previous agreement Item 8 in-
- 34 - 6/5
dicated that Holy Redeemer Church is on record as opposing any efforts to
extend and improve Barclay Street, etc.
2) Item 12 in the new agreement indicates that this agreement may be terminated
by giving 90 days written notice to the City. The former agreement in Item
10 indicated that written notice would only have to be 60 days.
3) Item 13 in the new agreement indicates that the lease shall be for a period
of 10 years as compared to the previous agreement which indicated that the
exclusive right to use the property by the City was for a term of 7 years,
4) Greg Dittrich, representing the Council at Holy Redeemer Church, has requested
that we sign the agreement so that the Church Council may also accept this
at their. June meeting.
b. Councilman Bastian moved to approve the lease agreement with the Church of
Holy Redeemer as submitted.
Seconded by Councilman Nelson. Ayes - all.
4. Plan Amendment - 1530 McKnight Road
a. Manager Evans presented staff report.
Councilman Bastian moved to waive the Rules of Procedures and extend the meeting
until 12:30 A.M.
Seconded by Councilman Nelson. Ayes - all.
b. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Whitcomb moved that considering the precedent that has been set
and the fact the proposed amendment has not been considered as part of the
Comprehensive Plan Update, the proposal be tabled until 30 days after the Plan
Update has been approved.
Commissioner Howard seconded. Ayes all - Abstained: Commissioner Prew."
c, Councilperson Juker moved to table this item until the Comprehensive Plan
Land update has been completed.
Seconded by Councilman Nelson. Ayes - all.
5. Time Extension - Feasibility Study: Beaver Lake Hills
_ a. Manager Evans presented the staff report.
b. Councilman Bastian moved to approve a 90 day time extension for the Beaver
Lake Hills Preliminary Plat subject to original conditions and introduced the
following resolution and moved-its adoption:
80-6-138
WHEREAS, the City Council has determined that it is necessary and expedient
that the area described as Beaver Lake Hills Holding Pond and Drainage System
(Maplewood Project 80-8) be improved by construction of a holding pond and
necessary drainage facilities
- 35 - 6/5
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEW00D, MINNESOTA,
that the improvement as hereinbefore described is hereby referred to the City
Engineer, and he is instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed improvement
is feasible and should best be made as proposed, and the estimated cost of the
improvement as recommended. The developer is to pay for all costs of this
feasibility study.
Seconded by Councilman Bastian. Ayes - all.
11. Accounts Payable
a. Councilperson Juker moved to approve the accounts (Part I - Fees, Services,
_ Expenses --Check No. 004285 through Check No. 004343- $101,806.02; Check No.
005722 through Check No. 005852 - $133,404.02: Part II - Payroll-Check No. 24327
through Check No. 24458 - $50,880.84) in the amount of $286 090.89 be paid as
submitted.
Seconded by Councilman Nelson. Ayes - all.
6o Time Extension - Carsgroves Meadows - Forest Street Improvement 78-13
a. Manager Evans presented the staff report.
b. Councilman Bastian moved to approve a 90 day time extension for the Carsgroves
Meadows Preliminary Plat subject to the original conditions and introduced the
following resolution and moved its adoption:
80-6-139
WHEREAS, the City Council has determined that it is necessary and expedient
that the area described as Forest Street Improvement, Project 78-13 (Cargrove's
Meadows Development) be improved by construction of sanitary sewer, storm sewer,
watermain, streets, curb and gutters and necessary appurtenances, and in that
construction of said project will not begin within one year after project was
originally ordered;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the improvement as hereinbefore described is hereby referred back to the
City Engineer, and he is instructed to report to the Council with all convenient
speed advising the Council in a preliminary way whether or not the project is
still feasible and should best be made as proposed, and the estimated cost of the
improvement as recommended.
Seconded by Councilperson Juker. Ayes - all.
7. Appointment - HRC
Discussed after Consent Agenda.
8. Southview-Radatz, Improvement 79-15
ao Manager Evans stated a revision to the feasibility study for the above project.
The proposal has been modified to provide the public facilities necessary for the
- 36 - 6/5
Maple Knolls Townhomes project to meet the requirement of the P.U.D, approval as
revised April 17, 1980.
The estimated project cost is $336,700. H.U.D. Community Development Block Grant
Funding in the amount of $273,400 is anticipated. In addition, the City is
currently applying for additional bonus funds available through the Metropolitan
Council.
It is recommended the Council hold a project hearing anticipating the difference
between the project costs and grants be assessed to the benefiting properties
fronting Southlawn Avenue. No area drainage assessment would be proposed. If
the project is ordered, it should be contingent on receiving the anticipated
funding. A July 3, 1980 hearing date is suggested.
b. Councilman Bastian introduced the following resolution and moved its adoption:
80-6-140
WHEREAS, the City Engineer for the City of Maplewood has been authorized
and directed to prepare preliminary plans for the improvement of Southlawn
Drive from Vale Avenue to Beam Avenue (Improvement Project 79-15) by construction
of sanitary sewer, storm sewer, service connections, street construction, drainage
facilities and necessary appurtenances; and
WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans
for the improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY .THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
1. The report of the City Engineer advising this Council that the proposed
improvement of Southlawn Drive from Vale Avenue to Beam Avenue (Improvement
Project 79-15) by construction of sanitary sewer, storm sewer, service connect-
ions, street construction, drainage facilities and necessary appurtenances is
feasible and should best be made as proposed, is hereby received.
2. The Council will consider the aforesaid improvement in accordance with
the reports and the assessment of benefited property for all or a portion of
the cost of the improvement according to M.S.A. Chapter 429, at an estimated
total cost of the improvement of $336,725.00.
3. A public hearing will be held in the Council Chambers of the City Hall
at 1380 Frost Avenue on Thursday, the 3rd day of July, 1980, at 7:30 P.M.
to consider said improvement. The notice for said public hearing shall be
in substantially the following form:
NOTICE OF HEARING OF PUBLIC IMPROVEMENT
TO WHOM IT MAY CONCERN:
WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota,
deems it necessary and expedient that the improvement hereinafter described, be
made;
- 37 - 6/5
NOW, THEREFORE, notice is hereby given that the City Council will hold a
public hearing on said improvement at the following time and place within the
said City:
Date and Time: July 3, 1980 at 7:30 P,M.
Location: Council Chambers of the City Hall, 1380 Frost Avenue
The general nature of the improvement is the construction of
sanitary sewer, storm sewer, service connections, street
.construction, drainage facilities and necessary appurtenances
in the following described area:
From Beam Avenue on the north to White Bear Avenue on
the East to Kohlman Avenue on the South and a line
2300 feet West of White Bear Avenue (Project 79-15)
The total estimated cost of the said improvement is $336,725.00.
It is proposed to assess every lot, piece or parcel of land benefited by
said improvement whether abutting thereon or not, based upon benefits received
without regard to cash valuation.
Persons desiring to be heard with reference to the proposed improvement
should be present at this hearing.
This Council proposes to proceed under the authority granted by Chapter
429 M,S,A,
Dated this 5th day of June, 1980.
BY ORDER OF THE CITY COUNCIL
/s/ Lucille E. Aurelius
City Clerk
City of Maplewood, Minnesota
Seconded by Councilperson Juker. Ayes - all.
9. Brookview Drive - Improvement 78-20
a. Manager Evans presented the feasibility study for the above referenced project.
It is recommended that the Council call for a public hearing on July 3, 1980, and
determine the project has no impact on the Comprehensive Plan. by adopting the
attached resolutions,
b. Councilman Bastian introduced the following resolution and moved its adoption:
80-6-141
WHEREAS, the City Engineer for the City of Maplewood has been authorized
and directed to prepare preliminary plans for drainage improvement in the vicinity
of Brookview Drive west of Century Avenue (Improvement Project 78-20) by con-
struction of storm sewer and street reconstruction; and
- 38 - 6/5
WHEREAS, the said City Engineer has prepared the aforesaid preliminary
plans for the improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY-THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
1. The report of the City Engineer advising this Council that the
proposed drainage improvement in the vicinity of Brookview Drive
by construction of storm sewer and street reconstruction is feasible
and should best be made as proposed, is hereby received.
2. The Council will consider the aforesaid improvement in accordance
with the reports and the assessment of benefited property for all
or a portion of the cost of the improvement according to. M.S.A.
Chapter 429, at an estimated total cost of the improvement of $36,000.00.
3. A public hearing will be held in the Council Chambers of the City
Hall at 1380 Frost Avenue on Thursday, the 3rd day of July, 1980, at
7:45 P.M. to consider said improvement. The notice for said public
_ hearing shall be in substantially the following .form:
NOTICE OF HEARING OF PUBLIC IMPROVEMENT
TO WHOM IT MAY CONCERIQ:
WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota,
deems it necessary and expedient that the improvement hereinafter described, be
made;
NOW, THEREFORE, notice is hereby given that the City Council will hold a
public hearing on said improvement at the following time and place within the
said City:
Date and Time: July 3, 1980 at 7:45 P.M.
Location: Council Chambers of the City Hall, 1380 Frost Avenue
The general nature of the improvement is the construction of storm
sewer and street reconstruction in the following described area:
That area generally bounded by Century Avenue on the east,
Battle Creek on the south, Ferndale Street on the west, and
I-94 on the north. (Project 78-20).
The total estimated cost of said improvement is $36,000.00.
Tt is proposed to assess every lot, piece or parcel of land benefited by
said improvement whether abutting thereon or not, based upon benefits received
without regard to cash valuation.
Persons desiring to be heard with reference to the proposed improvement
should be present at this hearing.
This Council proposes to proceed under the authority granted by Chapter
429 M,S,A.
Dated this 5th day of June, 1980.
- 39 - 6/5
BY ORDER OF THE CITY COUNCIL
/s/ Lucille E. Aurelius
City Clerk
City of Maplewood, Minnesota
Seconded by Councilperson Juker. Ayes - all.
c. Councilman Bastian introduced the following resolution and moved its adoption:
80-6-142
WHEREAS, the proposed public improvement of drainage facilities in the
vicinity of Brookview Drive, west of Century Avenue, Maplewood Project 78-20,
by construction of storm sewer and street reconstruction does not have any
impact on the City Comprehensive Master Plan;
NOW, THEREEORE~ BE IT RESOLVED that, under the provisions of M,S. Section
462.356, the City Council hereby waives the review of aforementioned project
by the City Planning Commission.
Seconded by Councilperson Juker. Ayes - all.
15. Pedal Power Workshop - Brainerd - Police Cadets
a, Manager Evans stated there are four young persons who, as members of the Police
Cadet Program,. participated in bicycle safety programs this year and qualify for
the work shops. Transportation has been arranged and reservations made. The
City's cost is $35.OO.per cadet, a total of $140.00. Names and addresses. of the
cadets who will participate are. as follows:
Cathy Barry Dan Stacy
404 Grafton Avenue No. 1503 E. Sherren Avenue
Dan L'Allier Richard Clark
2232 Desoto Street 2006 Clark Street
b. Councilperson Juker moved to approve the participation of the four Police
Cadets to attend ehe'p0dal power workshop in Braiherd Minnesota June 9 - 13,
1980 for a total of $140,00.
Seconded by Councilman Bastian, Ayes - all.
The balance of the Agenda is continued to Tuesday, June 10, 1980, at 7:30 P.M. in
the Council Chambers.
M. ADJOURNMENT
12:33 A,M,
City Clerk
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MINUTES OF MAPLEWOOD CITY COUNCIL
Adjourned Meeting (June 5, 1980).
7:30 P.M., Tuesday, June 10, 1980
Council Chambers, Municipal Building
Meeting No. 80-14
A. CALL TO ORDER
Acting Mayor Nelson reconvened at 7:32 P.M. Meeting No. 80-14 (adjourned meeting of
June 5, 1980).
B. ROLL CALL
Earl L. Nelson, Acting Mayor 'resent
John C. Greavu, Mayor Absent
Norman G. Anderson, Councilman Absent
Gary W. Bastian, Councilman Present
Frances L. Juker, Councilperson Present
J. NEW BUSINESS (continued)
10. Energy Audit
a. Manager Evans stated the City has submitted a grant application to the
Minnesota Energy Agency for funds to conduct a "mini-audit" of eight City
buildings. The best estimates are that this grant will be approvedr
In order to remain eligible for grants funds to defray the more costly maxi-
' audits and Energy Conservation Measures (ECM), our grant application must be
submitted by June 30, 1980 and a completed mini-audit must be part of that
grant application.
Recommend that Council authorize the City Manager to enter into an agreement with
a qualified firm for the conduct of a mini-audit of eight City buildings at an
estimated cost of $1,500.00.
This would require a budget increase of $1,500 in the Unallocated Account of the
General Fund and an increase in anticipated revenues by the same amount.
b. Councilman Bastian introduced the following resolution and moved its adoption:
80-6-143
WHEREAS, it is considered necessary and proper to participate in the
Minnesota Energy Agency's Program to audit (survey) buildings to identify potential.
energy conservation measures;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the City Manager is authorized to enter into an agreement with a qualified
firm for the conduct of an energy audit of eight city buildings at an estimated
cost of $1,500.00.
Seconded by Councilperson Juker. Ayes - all.
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11. Accounts Payable
Discussed after J-5.
12. Close 1977-1978 Diseased Tree Projects
a. Councilman Bastian moved to table this until the meeting of June 19, 1980.
Seconded by Councilperson Juker. Ayes - all.-
13. Request for Block Party - 1367 Price Avenue
a. Manager Evans stated that a request has been received from Ms. Joan Misgen,
1367 Price Avenue, to block off Price Avenue from Clarence Street to Birmingham
Street between 6:00 p.m, and 10:00 p.m. on Thursday, June 19, 1980, for a block
party.
Staff recommends the City Council consider the permit with the following condit-
ions:
1. Noise and music will be kept to a low level so as not to disturb
neighbors not participating.
2. The applicant obtain barricades and erect them at all times the
party is in progress.
3. The applicant insure that area is cleaned up after completion of
party at 10:00 p.m.
b. Councilman Bastian moved to approve the request of Ms. Joan Misgen for a block
party on Price Avenue from Clarence Street to Birmingham Street, Thursday,. June
19 1980, subject to the recommendations of staff.
Seconded by Councilperson Juker. Ayes - all.
14. Land Use Plan Review - Other Communities
a. Staff submitted a report stating they had reviewed the proposed Land Use
Plans for Oakdale, Roseville and Vadnais Heights. Comments on each plan are
being forwarded to the indivudual cities involved.
b. No action taken.
15. Pedal Power Workshop - Brainerd - Police Cadets
Discussed on June 5, 1980.
K. COUNCIL PRESENTATIONS
1. Drainage Problem - 1167 Glendon Street
a. Acting Mayor Nelson stated he had received a call from Mro Bernard Johanson,
1167 Glendon Street, pertaining to a drainage problem at his home.
b. Mr. Johanson explained his problem.
c. Staff instructed to investigate and take whatever steps necessary to relieve
the problem,
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2. Review of Storm Water Problems
a. Councilman Bastian requested staff to review and report back to council all
complaints relative to storm drainage problems. Also a report on the costs to
relieve the situation.
b. To be discussed at the "work shop" session 6:30 P.M., Thursday, June 26,
1980 in the Council Chambers.
3. Block Party - Mrs. Richard Miller
a. Mrs. Miller requested Council to approve her request to close Fenton Street
during a graduation party June 15, 1980. The Director of Public Safety turned
down the request as .being a hazard.
b. Council took no action.
4. White Bear Avenue - Rezoning
a. Councilman Bastian questioned the length of time it took for the proposal
to be heard to rezone White Bear Avenue from Frost Avenue to Larpenteur Avenue,
One of the owners had stated he didn't receive any notices of hearing.
b. Staff stated everyone involved will be notified when a hearing date is
established.
5. Campaign Sign Regulations
a. Councilman Bastian questioned if staff had reviewed other cities pertaining
to regulations of campaign signs.
b, Staff stated it had not been done recently,
6. Personnel Policy Review
a. Councilman Bastian asked several questions regarding employee evaluations,
training of Department Heads for personnel work, etc. Councilman Bastian re-
quested a report on total unfunded liability.
b. Staff stated a report of total employee unfunded liabilities has been prepared
as of December 31, 1979.
c, Councilman Bastian stated he felt each employee should know what his salary
is plus what the fringe benefits cost the City.
7. Landfall Dumping - Private Property Restrictions
a. Councilman Bastian stated on the NE corner of Lydia and McIZnight Road there
was dumping of concrete and dirt and if the city has any regulations regarding
dumping on private property.
b. Staff will investigate.
8o Lawsuit Review
ao Council would like an update of all pending lawsuits.
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9. Curb Cut
a. Councilman Nelson stated he had received a call from Mrs.. Barb Johnson,
1150 Glendon, who has a curb cut that does not meet with their garage or house.
She is requesting about 3 feet be cut off and reconstruct the curb cut and the
City to pay costs.
b. No action taken. Staff will be reviewing the entire area and will try to
help, but this particular problem of Mrs. Johnsons is between the developer and
herself.
L. ADMINISTRATIVE PRESENTATIONS
1. Insurance Settlement
a. Manager Evans stated he needed council approval of an insurance settlement
involving a police vehicle. The settlement is $5,000 less the $1,000 deductible.
b. Councilman Bastian moved to accept the insurance settlement as recommended
by the Manager.
Seconded by Councilman Nelson. Ayes - all.
M. ADJOURNMENT
8:45 P.M.
City Clerk
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