HomeMy WebLinkAbout04-23-2001MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, Apri123, 2001
Council Chambers, Municipal Building
Meeting No. 01-09
A.
B.
C.
D.
E.
CALL TO ORDER:
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers,
Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Sherry Allenspach, Councilmember Present
Kenneth V. Collins, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
APPROVAL OF MINUTES:
Councilmember Allenspach moved to approve the minutes of Meeting No. 01-08 (Aril 9. 2001) as
presented.
Seconded by Councilmember Koppen Ayes -all
Councilmember Wasiluk moved to approve the minutes of Council/Manager Worksho~(Apri19. 2001
as presented.
Seconded by Councilmember Allenspach Ayes -all
APPROVAL OF AGENDA:
Councilmember Wasiluk moved to approve the Agenda as amended:
M1. Cable TV M5. Dedication of Bruce Vento Trail
M2. White Bear Avenue Parade Date M6. Petition for Beaver Lake
M3. Community Center Maintenance Schedule M7. Food Drive
M4. School Board Meeting M8. Ramsey County League
Seconded by Councilmember Koppen Ayes -all
F. APPOINTMENTS/PRESENTATIONS:
None
04-23-01
1
G. CONSENT AGENDA:
Councilmember Collins moved to approve the Consent Agenda as presented.
Seconded by Councilmember Wasiluk Ayes -all
1. Approval of Claims
Approved claims.
ACCOUNTS
PAYABLE
$11,478.75 Checks #53721 thrn #53722 dated 3/30/01
$109,919.98 Checks #53723 thrn #53794 dated 4/6 thru 4/10/01
$700,839.52 Disbursements via debits to checking account dated 4/2 thrn 4/9/01
$135,463.63 Checks #53795 thrn #53861 dated 4/17/01
$179,018.09 Disbursements via debits to checking account dated 4/10 thrn 4/16/01
$1,136,719.97 Total Accounts Payable
PAYROLL
$327,953.07 Payroll Checks and Direct Deposits dated 4/13/01
$27.195.76 Payroll Deduction check #83569 thrn #83576 dated 4/13/01
$355,148.83 Total Payroll
$1,491,868.80 GRAND TOTAL
2. Transfer to Close Debt Service Fund for 1977 Bond Issue
Approved a transfer in of $2,391.03 from the General Fund to close Debt Service Fund #315 for
the 1977 Improvement Bonds and approved the appropriate budget adjustments.
3. Transfer to Close Debt Service Fund for 1991 Bond Issue
Approved atransfer in of $175,860.58 from Debt Service Fund #334 (for the 1998 Refunding
Improvement Bonds) to close Debt Service Fund #323 for the 1991 Improvement Bonds and
approved the appropriate budget adjustments.
4. Approve Payment for City Logo on Cope Water Tower
Approved transfer of funds in the amount of $6,800 from the general contingency fund to Public
Works Administration to facilitate logo and lettering application (same as current markings) of
the Cope Avenue Tower.
5. Increase Budget for Temporary Engineering Intern Positions
04-23-01 2
Authorized staff to hire two additional temporary engineering interns and to make the
appropriate budget changes.
6. Surplus Property
Declared as surplus property Model #15109, S.N. 4057, Sun performance analyzer machine
cabinet and Model #115 Sun performance analyzer, city tag #00334, and authorized disposal at
police/city auction or state surplus auction.
Human Relations Commission Annual Report
Approved the 2000 Human Relations Commission Annual Report.
8. National Night Out -Food Vendors
Approved waiving the one day food permit fee for vendors selling food at this years National
Night Out on August 7, 2001 from 5:30 p.m. to 8:30 p.m.
H. PUBLIC HEARINGS
1. 7:00 P.M. (7:08 P.M.) Tilsen South Neighborhood Streets, Project 00-04
a. Mayor Cardinal convened the meeting for a public hearing.
b. City Manager Fursman introduced the staff report.
c. Director of Public Works Ahl presented the specifics of the report.
d. City Attorney Kelly explained the procedure for public hearings.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Jack Frost, 2324 Maple Lane, Maplewood
Rebecca Lund, 2141 Mapleview Avenue, Maplewood
Paul Ellefson, 2888 Bartelmy Lane, Maplewood
Donna Roth, 2219 Radatz Avenue, Maplewood
Jerry Ewald, 2357 Standridge Avenue, Maplewood
George Livingston, 2224 Mapleview Avenue, Maplewood
Vahey Tateosian, 2995 Bartelmy Lane, Maplewood
Mayor Cardinal closed the public hearing.
Councilmember Allenspach moved to adopt the following resolution for the adoption of the
Assessment Roll for Tilsen South Neighborhood Street Improvements, Project 00-04:
RESOLUTION O1-04-036
ADOPTION OF THE ASSESSMENT ROLL
04-23-01
WHEREAS, pursuant to proper notice duly given as required by law, the city council has met
and heard and passed on all objections to the proposed assessment for the construction of the
Tilsen South Neighborhood Streets as described in the files of the city clerk as Project 00-04,
and has amended such proposed assessment as it deems just,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
Such proposed assessment, as amended, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special assessment against the
lands named therein, and each tract of land therein included is hereby found to be
benefited by the proposed improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of
8 years, the first of the installments to be payable on or after the first Monday in January,
2002, and shall bear interest at the rate of 5.8 percent per annum from the date of the
adoption of this assessment resolution. To the first installment shall be added interest on
the entire assessment from the date of this resolution until December 31, 2001. To each
subsequent installment when due shall be added interest for one year on all unpaid
installments.
3. It is hereby declared to be the intention of the council to reimburse itself in the future for
the portion of the cost of this improvement paid for from municipal funds by levying
additional assessments, on notice and hearing as provided for the assessments herein
made, upon any properties abutting on the improvement but not made, upon any
properties abutting on the improvement but not herein assessed for the improvement,
when changed conditions relating to such properties make such assessment feasible.
4. To the extent that this improvement benefits nonabutting properties which maybe served
by the improvement when one or more later extensions or improvements are made, but
which are not herein assessed, therefore, it is hereby declared to be the intention of the
council, as authorized by Minnesota Statutes Section 420.051, to reimburse the city by
adding any portion of the cost so paid to the assessments levied for any of such later
extension or improvements.
5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county
auditor to be extended on the property tax lists of the county, and such assessments shall
be collected and paid over in the same manner as other municipal taxes.
Seconded by Councilmember Wasiluk Ayes -all
2. 7:15 P. M. (8:05 P.M.) Residential Parking Ordinance Amendment (First Reading)
a. Mayor Cardinal convened the meeting for a public hearing.
b. City Manager Fursman introduced the staff report.
a Community Development Director Coleman and Associate Planner Roberts presented the
specifics of the report.
04-23-01 4
d. Commissioner Lorraine Fischer presented the Planning Commission report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Jack Lansdall, 1451 E. County Road B, Maplewood
Jerry Markie, 1247 Leland Road, Maplewood
Lauren Ashley, 2466 Brookview Drive, Maplewood
Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to approve the first reading of the following ordinance about
off-street parking in residential areas:
ORDINANCE NO. 813
AN ORDINANCE ABOUT OFF-STREET PARHING IN RESIDENTIAL AREAS
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: (I
have underlined the additions and crossed out the deletions.)
SECTION 1. This section changes the language of Section 19-9(24) of the Maplewood City
Code as follows:
(24) All other conditions, acts or things which are liable to cause injury to the person or
property of anyone. This shall include, but not be limited to, the parking or storage of
vehicles in the front yard of a residential property on grass, unimproved areas or areas
without a hard surface.
SECTION 2. This section adds the following definition to Section 36-6 of the Maplewood City
Code.
Vehicle: A device for carrying or conveying persons or property that maybe self-propelled or
maybe propelled, drawn ortowed by aself-propelled vehicle.
SECTION 3. This section adds Subsection 36-22(j) to the city code as follows:
Section 36-22(j)
Purl ose
The purpose of this Article of the City Code is to control, through nuisance and zoning
regulations, certain land uses and activities that have a direct and detrimental effect on
the character of the City's residential neighborhoods. As such, the Maplewood City
Council
finds that, in order to accommodate the off-street parking needs of residents while
protecting the interests of the public, regulations and performance standards are desirable
and necessary for off-street parking areas in residential zoning districts.
04-23-01
Findings
To the purposes listed above, the Maplewood City Council finds that the use and
possession of vehicles are an important factor in the lives of many residents of
Maplewood. The city council also finds that the number of vehicles, the improper storage
of vehicles and the parking of and storage of excessive numbers of vehicles can be a
nuisance and can affect the neighborhood character as well as the public health, safety
and welfare, property values and the reasonable use and enjoyment of neighboring
properties. The city council further finds that the establishment of these regulations
further the goals in the Maplewood Comprehensive Plan relative to the establishment and
enhancement of residential neighborhoods and similar coals. In making these finding
the city council accepts the recommendations of city staff and planning commission that
have studied the experiences of other suburban cities that have reviewed and regulated
off-street parking in residential areas. The Maplewood City Council establishes these
regulations as a means to balance the interests of the owners of vehicles, nearby residents
and the public.
Goals
Goals in adopting this ordinance include the following:
a. Preserving neighborhood character, public health, safety and welfare and property
values.
b. Allowing all residents a reasonable use of and a chance to enjoy their property.
c. Minimizing the nuisances and the adverse effects ofoff-street vehicle parking
through careful site design standards.
d. Requiring the owners and builders of residential driveways and parking areas to
design and build them to reasonable standards.
e. Avoiding nuisances and potential damage to adjacent properties from off-street
vehicle parking and parking areas through design standards and setback
requirements.
(4) Off-Street Parking Standards for Single and Two Family Dwellings. The following
standards shall apply to off-street parking for single and two family residential properties
in the RE-4Q RE-3Q RE-2Q F, R-1, R-1(S) and R-2 zoning districts.
a. Vehicle narking in the front yard setback area (the area between the front of the
residential structure and the street right-of-way line) of single and two family
residences shall only be on a hard surface driveway or on improved and
designated parking areas. Such a hard surface shall include bituminous, concrete,
brick, gravel or crushed rock or another hard surface approved by city staff.
b. The cityprohibits vehicle parking or storage in the front yard on grass.
unimproved areas or areas without a hard surface.
04-23-01 6
c. Drivewayparking areas shall be at least five feet from a side prope ,line
and parking areas shall not be in the street right-of--way or on other public
property.
d. No owner or operator shall park a vehicle that would block a sidewalk.
e. All vehicles parked or stored outside on a residential property shall not be
abandoned (as defined in Section 19-28), shall have a current license and
registration and shall be in operable condition. (Also see Sections 19-28,
Definitions and 19-29, Violation.)
£ The total area in the front yard setback area of a single dwelling lot improved for
parking and driveway purposes shall not exceed forty (40) percent of the front
yard setback area.
The total area in the front yard setback area of a duplex or double dwelling lot
improved for parking and driveway~urposes shall not exceed fift3%(50) percent of
the front yard setback area.
& The city may approve an increase in front yard driveway coverage, a different
driveway setback or a different driveway surface for a single or double dwelling
by administrative review of minor construction plans as outlined in Section 25-65
of the city code. The city may approve an increase in front yard driveway
coverage, a different driveway setback or a different driveway surface where such
approval would meet the standards required by code for unique circumstances and
where the above ordinance standards do not fit or where they_ would create a
hardship for the property owner.
As Hart of such an annroval. the city may reauire the nronertv owner or annlicant
to add screening next to or around the parking area or driveway. The city may
require such screening to help hide the parking area and vehicles from the view of
adiacent residential properties or from the view from the public street. The
property owner or applicant may use a privacy fence, additional landscaping or
other means to meet the screening requirement. City staff shall annrove and
inspect all such screenin
SECTION 4. This ordinance shall take effect on August 1, 200 L (After the City Council
approves it and the official newspaper publishes it).
Seconded by Councilmember Collins Ayes -Mayor Cardinal, Councilmembers
Allenspach, Collins, Koppen
Nays -Councilmember Wasiluk
I. AWARD OF BIDS
1. Tilsen South Neighborhood Streets, Project 00-04
a. City Manager Fursman introduced the staff report.
04-23-01 7
b. Director of Public Works Ahl presented the specifics of the report.
Councilmember Collins moved to adopt the following resolution awarding the bid for the Tilsen
South Neighborhood Streets, Project 00-04 to the lowest bidder, T. A. Schifsky & Sons, Inc. of
North St. Paul in the amount of $1,318,554.73:
RESOLUTION 01-04-036
RESOLUTION FOR AWARD OF BIDS
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of T. A. Schifsky & Sons, Inc. in the amount of $1,318,554.73 is the lowest responsible bid for
the construction of the Tilsen South Neighborhood Street Improvements, City Project 00-04, 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.
The finance director is hereby authorized to make the financial transfers necessary to implement
the financing plan for the project.
Seconded by Councilmember Koppen Ayes -all
J. UNFINISHED BUSINESS
1. Antenna and Tower Ordinance Amendment (Second Reading)
a. City Manager Fursman introduced the staff report.
Councilmember Collins moved to adopt the following ordinance which revises and updates the
regulations about commercial use antennas and towers in Maplewood:
ORDINANCE NO. 812
AN ORDINANCE OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, AMENDING THE CITY
CODE ABOUT ANTENNAS AND TOWERS.
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1. This section changes the following parts of the Maplewood City Code: (Additions have been
underlined and deletions are crossed out.)
CHAPTER 36 ARTICLE XI
COMMERCIAL USE ANTENNAS AND TOWERS
Section 36-600. Purpose.
To accommodate the communication needs of residents and business while protecting the public health,
safety and general welfare of the community, the Maplewood City Council finds that these regulations are
04-23-01
necessary to:
Facilitate the provision of wireless telecommunication services to the residents and businesses of
the city.
2. Require tower equipment to be screened from the view of persons located on properties contiguous
to the site and/or to be camouflaged in a manner to complement existing structures and to
minimize the visibility and the adverse visual effects of antennas and towers through careful
design and siting standards.
Ensure the operators and owners of antennas and towers design, locate and construct antennas and
towers that meet all applicable code requirements to avoid ~veic~ potential damage to adjacent
properties from tower failure through structural standards and setback requirements.
4. Maximize the use of existing and approved towers and buildings for new wireless
telecommunication antennas to reduce the number of towers needed to serve the community.
The following preferences shall be followed when selecting sites:
a. Primary structural location preference for wireless communication equipment as
permitted uses.
(1) Water towers or tanks.
(2) Co-location on existing towers.
(3) Church steeples or the church structure, when camouflaged as steeples, bell
towers, or other architectural features.
(4) Sides and roofs of buildings or structures over two (2) stories.
(5) Existing power or telephone pole corridors.
(6) Light poles or towers at outdoor recreational facilities.
(7) Parking lots may be used to locate towers txenepeles where the structure
replicates, incorporates or substantially blends with the overall lighting standards
and fixtures of the parking lot.
b. Primary land use areas for towers requiring conditional use permits.
(1) Industrial and commercial.
(2) City-owned property (except water towers), other government-owned property
schools, churches ''~-,.w.......*, °~'~~~', ~'~~~~~'~ or places of worship, utility, and
institutional sites.
(3) Public parks/golf courses, when compatible with the nature of the park or course.
(4) Open space areas when compatible with the nature of the area and site.
Section 36-601. Definitions.
The following words and terms, when used in this section or ordinance shall have the following meaning
unless the context clearly indicates otherwise:
Accessory structure. A use or structure subordinate to the principal use of the land or building with a tower
or antenna.
04-23-01 9
Antenna Any structure, equipment or device used for *~ collecting or radiating
electromagnetic waves, telecommunication, microwave, television or radio signals including but not
limited to directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional
antennas, such as whips.
Personal Wireless Communication Services. Licensed commercial wireless communication services
including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR),
paging and similar services.
Public Utility. Persons, corporation, or governments supplying gas, electric, transportation, water, sewer,
or land line telephone service to the public. For this ordinance, commercial wireless telecommunication
sources shall not be considered public utility uses.
Tower. Any pole, monopole, spire, or structure, or combination thereof, including supporting lines, cables,
wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device,
or similar apparatus above grade.
UBC. Uniform Building Code. Published by the International Conference of Building Officials and
adopted by the State of Minnesota to provide jurisdictions with building-related standards and regulations.
Section 36-602. Existing antennas and towers.
Antennas, towers and accessory structures in existence as of January 13, 1997, that do not meet or comply
with this section are subject to the following provisions:
Towers may continue in use for the existing purpose now used and as now existing but may not be
replaced or structurally altered without meeting all standards in this section.
2. If such towers are damaged or destroyed due to any reason or cause at all, (unless the user or
owner voluntarily removes the tower), the owner or operator may repair and restore the tower to its
former size, height and use within one (1) year after first getting a building permit from the city.
The location and physical dimensions shall remain as they were before the damage or destruction.
Section 36-603. Interpretation and Applicability.
a It is not the intention of this ordinance to interfere with, abrogate or annul any covenantor other
agreement between parties. However, where this ordinance imposes greater restrictions upon the
use or premises for antennas or towers than are imposed or required by other ordinances, rules,
regulations or permits, or by covenants or agreements, the provisions of this ordinance shall
govern.
b. This ordinance does not apply to the use or location of private, residential citizen band radio
towers, amateur radio towers or television antennas.
Section 36-604. Inspections and Violations.
a. All towers, antennas and supporting structures must obtain a building permit and are subject to
inspection by the city building official to determine compliance with UBC construction standards.
Deviations from the original construction that a permit is obtained, other than antenna
adjustments, is amisdemeanor.
04-23-01 10
b. Notice of violations will be sent by registered mail to the owner and the owner will have thirty
(30) days from the date the notification is issued to make repairs. The owner will notify the
building official that the repairs have been made, and as soon as possible after that, the building
official will make another inspection and the owner notified of the results.
c. Adjustments or modifications to existing antennas do not require a conditional use permit or a
building permit.
Section 36-605. Conditional Use Permit
a. In reviewing an application for a conditional use permit for the construction of commercial
antennas, towers, and accessory structures, the city council shall consider the:
(1) Standards in the city code.
(2) Recommendations of the planning commission and community design review board.
(3) Effect of the proposed use upon the health, safety, convenience and general welfare of
residents of surrounding areas.
(4) Effect on property values.
(5) Effect of the proposed use on the comprehensive plan.
b. The applicant shall provide at the time of application, sufficient information to show that
construction and installation of the antenna or tower will meet or exceed the standards and
requirements of the UBC (Uniform Building Code).
c. Conditional use permits will not be required for:
(1) Repair or replacement or adjustment of the elements of an antenna array affixed to a
tower or antenna, if the repair or replacement does not reduce the safety factor.
(2) Antennas mounted on water towers, sides or roof of existing structures and on existing
towers, power, light, or telephone poles.
d. The fee to be paid for the conditional use permit shall be set by city council resolution.
e. The applicant shall have a property acquisition specialist and a radio frequency engineer attend all
city-related meetings to be available to answer questions.
Section 36-606. Communication Towers Proposed in Residential Zoning Districts.
No person, firm or corporation shall build or install a tower in a residential zoning district sane without
obtaining a conditional use permit from the city council. Such a tower shall be subject to, but not limited
to, the following conditions:
1. The city will only consider such a tower in the following residentially-zoned locations or
properties:
a. Churches or places of worship
04-23-01 11
b. Parks, when the city determines the facility would be compatible with the nature of the
c. City-owned propertygovernment, school, utility and institutional sites or facilities.
2. There shall be no more than one freestanding tower at one time on a property that the city has
planned for a residential use or that the city has zoned residentially, unless one of the following
applies:
a. The additional towers or antennas are incorporated into existing structures such as a
church steeple, light pole, power line support device or similar structure.
b. The residential property is at least five (5) acres in size.
a If the proposed tower is to replace an existing tower and if the owner/user of the existing
tower agrees to remove the existing tower within thirty (30) days of the completion of the
new or replacement tower.
3~. The applicant shall demonstrate by providing acoverage/interference analysis and capacity
analysis, that location of the tower as proposed is necessary to meet the frequency reuse and
spacing needs of the cellular or personal wireless communication services systems systerH, and to
provide adequate personal wireless communication or portable cellular telephone coverage and
capacity to areas which cannot be adequately served by locating the antennas in a less restrictive
district or on an existing structure.
4S. If no existing structure that meets the height requirements for the antennas is available for
mounting the antennas, such antennas maybe mounted on a tower not to exceed seventy-five (75)
feet in height. The tower shall be located a distance of at least the height of the tower plus twenty
five (25) feetfrom the nearest residential structure. , ^^'°°° ^ ^^^''F'°a °*^~^~~~^' °^^~^°°~ °''^"
F,....,...,.w~ ..:.....w.,..,.....,. ,...a :F.~...:.. .:~ ,. ,. ~ .,.,.... ,...w,..~r
53. The height of a tower maybe increased to a maximum of one hundred twen , five (125 exe
''^~ feet if the tower and base area are-is designed and built for the co-location of at least
one other personal wireless communication service provider antennas and equipment. -axether
,...~~
64. Transmitting, receiving and switching equipment shall be housed within an existing structure
whenever possible. If a new equipment building is necessary for transmitting, receiving and
switching, the owner or operator shall locate it at least ten (10) feet from the side or rear lot line
and shall landscape and screen it. The community design review board shall review such a
building, and the landscaping and screening. The owners and operators of all new equipment or
utility buildings and accessory structures for towers shall design and construct such structures to
blend in with the surrounding environment.
7. Towers shall not be located between a principal structure and a public street, unless the city
determines that such a location would lessen the visibility of the tower or would lessen the
04-23-01 12
negative impacts of such a facility on nearby properties.
8. The city may reduce or vary the required setback for a tower from a public street to allow the
integration of a tower into an existing or proposed structure such as a church steeple, light pole,
power line support device or similar structure.
9. Towers shall be built at least ten (10) feet from side and rear property lines, unless the site is next
to a residential property line or next to a property that the city is planning for a residential use. If
the tower would be next to a residential property line or next to a property that the city is planning
for a residential use, then the tower must be located at least the height of the tower plus twenty-
five (25) feet from the nearest residential structure. The owner or operator shall locate ground
equipment and accessory structures at least ten (10) feet from side and rear grope ,lines.
10. The owner or operator of any tower shall screen ground-mounted equipment from view by suitable
vegetation, except where a design of nonvegetative screening better reflects and complements the
character of the surrounding neighborhood.
11. Tower locations should provide the maximum amount of screening possible for off-site views of
the facility and to lessen the visibility of the tower.
12. The existing on-site vegetation shall be preserved to the maximum practicable extent.
13. The community design review board (CDRB) shall make recommendations on the plans for
towers, utility, equipment or accessory buildings, site plans and proposed screening and
landscaping.
14. Towers with antennas shall be designed and constructed to withstand a uniform wind loading_ as
prescribed by the UBC (Uniform Building Code
Section 36-607. Construction Requirements, Setback and Height Restrictions in Zoning Districts or
Locations Other Than Residential.
No person, firm or corporation shall erect a tower in a location other than residential without first obtaining
a conditional use permit from the city council. Such a tower shall be subject to, but not limited to, the
following conditions:
a. No part of any tower or antenna shall be constructed, located or maintained at any time,
permanently or temporarily, in or upon any required setback area for the district in which the
antenna or tower is to be located.
b. All antennas, towers and accessory structures shall meet all applicable provisions of this code and
this section.
c. Antennas and towers shall meet the following requirements:
(1) The antennas maybe mounted on a single pole or tower x3enepele not to exceed one
hundred seventy-five (175) feet in height. The pole or tower shall be setback at least the
height of the Hole or tower pale plus twenty-five (25) feet from any residential lot line.
04-23-01 13
(2) Metal towers shall be constructed of, or treated with, corrosive resistant material.
(3) The use of guyed towers is prohibited.
(4) Tower locations should provide the maximum amount of screening possible for off-site
views of the facility and to lessen the visibility of the tower.
(5) Existing on-site vegetation shall be preserved to the maximum practicable extent.
(6) The installation shall be designed to be compatible with the underlying site plan. The
owner or operator shall landscape the base of the tower and any accessory structures.
Accessory structures and equipment buildings shall be designed to be architecturally
compatible with any principal structures on the site. All new equipment or utility
buildings and accessory structures for towers shall be designed and constructed to blend
in with the surrounding environment. The community design review board shall review
the design plans for towers, utility, egUlpment or e~ any accessory structures, site plans
and proposed screening and landscaping. ~~ ....... w..:'a:..,.,. ~~a ~~..',...a,..,...:..,.
(7) Towers shall be a light blue or gray or other color shown to reduce visibility. No
advertising or identification visible off-site shall be placed on the tower or buildings.
(8) Antennas placed upon the tower shall comply with all state and federal regulations about
nonionizing radiation and other health hazards related to such facilities.
(9) Wireless telephone or personal wireless communication service antennas, where located
on an existing structure shall not extend more than twenty-five (25) feet above the
structure to which they are attached. Such antennas are a permitted use in all zoning
districts of the city. The city council, after a recommendation from the community design
review board, must approve the plans for all sets of antennas on a building after the
second personal wireless communication service provider has installed their antennas on
the building.
10) Towers with antennas shall be designed and constructed to withstand a uniform wind
loading as prescribed by the UBC (Uniform Building Code).
(11) Telecommunications equipment located on the side of an existing structure or on a roof
of a structure shall not be screened.
Towers shall not be located between a principal structure and a public street unless the
city determines that such a location would lessen the visibility of the tower or would
lessen the negative impacts of such a facility on nearbyproperties.
The city may reduce or vary the required setback for a tower from a public street to allow
the integration of a tower into an existing or proposed structure such as a church steeple,
light pole, power line support device or similar structure.
Towers shall be setback at least ten (10) feet from side and rear property lines unless the
04-23-01 14
site is next to a residential lot line. If the tower would be next to a residential property
line or next to a property that the ci , is planning for a residential use, then the tower
must be located at least the height of the tower plus twent, -f~(25) feet from the nearest
residential structure. The owner or operator shall locate ground equipment and accessory
structures at least ten (10) feet from side and rear property lines.
The owner or operator of a tower shall screen ground-mounted egUlpment from view by
suitable vegetation, except where a design of nonvegetative screening better reflects and
complements the character of the surrounding neighborhood.
Tower locations should provide the maximum amount of screening possible for off-site
views of the facility and to lessen the visibility of the tower.
The existing on-site vegetation shall be preserved to the maximum practicable extent.
The community design review board (CDRB) shall make recommendations on the plans
for towers, utility, egUlpment or accessory buildings, site plans and proposed screening
and landscaping.
Section 36-608. Lights S• inns and Other Attachments.
No antenna or tower shall have affixed or attached to it in any way any lights, reflectors, flashers, daytime
strobes or steady nighttime light or other illuminating devices except:
1. Those needed during time of repair or installation,
2. Those required by the Federal Aviation Agency, the Federal Communications Commission or the
city.
For towers in parking lots, lights associated with the parking lot lighting.
In addition, no tower shall have constructed thereon, or attached thereto, in any way, any platform,
catwalk, crows nest, or like structure, except during periods of construction or repair.
No antenna or tower shall have signage, advertising or identification of any kind visible from the ground or
from other structures, except necessary warning and egUlpment information signage required bj the
manufacturer or by Federal. State or local authorities.
Section 36-609. Removal of Abandoned or Damaged Towers.
Any tower and/or antenna that is not used for one (1) year shall be deemed abandoned and maybe required
to be removed in the same manner and pursuant to the same procedures as for dangerous or unsafe
structures established by Minnesota Statutes, Sections 463.15 through 463.26.
Section 36-610. Co-location of Personal Wireless Communication Service Equipment.
A. The city shall not approve a request ~prepes~ for a new personal wireless service tower ~
04-23-01 15
he-mewed unless it can be documented by the applicant to the satisfaction of the city council that
the telecommunications equipment planned for the proposed tower cannot be accommodated on an
existing or approved tower or commercial building within one-half mile radius, transcending
municipal borders, of the proposed tower due to one or more of the following:
The planned equipment would exceed the structural capacity of the existing or approved
tower or commercial building.
2. The planned equipment would cause interference with other existing or planned
equipment at the tower or building.
3. Existing or approved structures and commercial buildings within one-half mile radius
cannot or will not reasonably accommodate the planned equipment at a height necessary
to function.
4 ~'~~ ~~~:a~~*~°1 a:°*~~~* °~*~° *'~~ The applicant must demonstrate, by providing a city-
wide coverage/interference and capacity analysis, that the location of the antennas as
proposed is necessary to meet the frequency reuse and spacing needs of the
communication service system, and to provide adequate coverage and capacity to areas
that cannot be adequately served by locating the antennas in a less restrictive district or
on existing structure.
.ry.:ff:.... •L.o •..., o.- •L.o .. .,.1 L.:..... - L. o.- ..,,....o.......-.. f...,11..., fl.o ..L..,.-o.l , ..F fl.o
.. L...«,.A .... ,.
B. Additional Submittal Requirements. Besides the information required elsewhere in this code, all
conditional use permit applications for towers also shall include the following information:
1. A letter of intent committing the tower owner and their successors to allow the shared use
of the tower if an additional user ae_a-ees to meet reasonable terms and conditions for
shared use.
2. The applicant shall demonstrate that the proposed facility is necessary to fill a significant
existing~p in users coverage or to accommodate system capacity needs. This
documentation shall include:
a. Coverage maps of all the applicants or the providers-existing antenna sites
within one (1) mile of the proposed facility
b. A map showing all existing personal wireless communication service antenna
sites within one (1) mile of the proposed facility.
3. That the proposal is the least intrusive method of achieving the necessary coverage or
additional system capacity in the area and that other alternatives will not work.
04-23-01 16
4. That the equipment planned for the proposed tower cannot be accommodated at any
existing tower or antenna facility. The city may find that a co-location site cannot
accommodate the planned egUlpment for the following reasons:
a. The planned equipment would exceed the structural capacity of the preferred co-
location site, and the preferred co-location site cannot be reinforced, modified or
replaced to accommodate the planned egUlpment or its equivalent at a reasonable
cost, as certified b~qualified radio frequency engineer:
b. The planned equipment would significantly interfere with the usability of existing
or approved equipment at the preferred co-location site and the interference
cannot be prevented at a reasonable cost, as certified b~qualified radio
frequency engineer:
c. A preferred co-location site cannot accommodate the planned equipment at a
height necessary to function reasonably, as certified by a qualified radio
frequency engineer: or
d. The applicant, after agood-faith effort, is unable to lease, purchase or otherwise
secure space for the planned equipment at an existing antenna location.
The city may require the applicant to hire or pay for a study or other research b~
qualified radio frequency engineer to determine the need for the proposed tower.
5. Materials or documentation demonstrating to the city that the applicant has made a good
faith effort to co-locate on existing towers but they could not reach an agreement to co-
locate on an existing tower.
6. Design information and documentation showing how the applicant, owner or operator of
the tower has designed structurally, electrically and in all respects the tower to
accommodate both the annlicant~s antennas and the antennas for at least two (21
additional users if the tower is equal to or more than one hundred (100) feet in height in
all locations or for at least one (11 additional user if the tower is eaual to or more than
seventy-five (75) feet in height. The applicant and owner must design and install a new
tower to allow for the maximum future arrangement of antennas on the tower, to accept
antennas mounted at varying heights and to accommodate the eauinment and other needs
of future users
7. Photo-illustrations orsimilar-styled artists renderings of the proposed tower and base site
that show the appearance of the proposed tower and the proposed ground eq~ment or
buildings after the contractor completes them.
Section 36-611. Interference with Public Safety Telecommunications.
All new or existing telecommunications service and equipment shall meet or exceed all Federal
Communication Commission (FCC) standards and regulations and shall not interfere with public safety
telecommunications.
04-23-01 17
Section 36-612. Additional Submittal Requirements.
Besides the information required elsewhere in this Code, building permit applications for towers shall
include the following supplemental information:
(1) A report and plans from a qualified and registered engineer or others that:
a. Describes the tower height and design including a cross section and elevation.
b. Documents the height above grade for all potential mounting positions for co-located
antennas and the minimum separation distances between antennas.
Describes the towers capacity, including the number and type of antennas that it can
hold.
d. Includes an engineers stamp and registration number, if applicable.
Includes all other information necessary for the city to evaluate the request.
Section 36-613. Variances.
The City Council may grant variances to the requirements of this section. All variances must follow the
provisions of Minnesota Statutes, Chapter 462. For variances regarding antennas and towers, the applicant
must show the city the following
1. There are unique circumstances or characteristics peculiar to the property and that the provisions
of this code would inflict undue hardship on the property owner or applicant.
2. The property cannot be developed or put to a reasonable use by strictly conforming with the city
code.
3. The applicant or property owner did not create or cause the hardship.
4. The proposed variance will not alter the essential character of the area or the zoning district.
5. The proposed variance is the minimum variance that will afford relief from the city code standards.
6. The variance would be in keeping with the spirit and intent of the ordinance.
The applicant for a variance for an antenna or tower related matter shall submit with their variance
application a statement showing how the proposal would meet these findings.
Section 2. This ordinance shall take effect after the city council approves it and the official newspaper
publishes it.
Seconded by Councilmember Koppen Ayes -all
K. NEW BUSINESS
04-23-01 18
Schedule Meeting to Review 2000 Annual Financial Report and Audit Reports
a. City Manager Fursman introduced the staff report.
b. Finance Director Faust presented the specifics of the report.
Council asked staff to contact the audit firm and find out what other dates they would be available
to make their presentation other than at May 14th council meeting.
2. Receive Petition for Roadway Improvements to Bush Avenue and Authorize Preparation of
Preliminary Report
a. City Manager Fursman introduced the staff report.
b. Director of Public Works Ahl presented the specifics of the report.
Councilmember Koppen moved to accept the petition for roadway improvements to Bush Avenue
and authorize preparation of a preliminaryport to address the neighborhood concerns.
Seconded by Councilmember Collins Ayes -all
Agenda Order -Visitor Presentations
a. City Manager Fursman introduced the staff report and presented the specifics of the
report.
Staff suggested that it be made clear to the citizens what Visitor Presentations is for. If it is a
complex issue individuals can be heard as to what the issue is and then it could be placed on the
neat agenda. Staff said it should not be used as a regular agenda item particularly when there is a
lot of business to be conducted and there is going to be research involved on the item. The council
agreed and asked staff to put an article in the Maplewood In Motion explaining this.
4. Chipotle Mexican Grill, 2303 White Bear Avenue -Intoxicating and Sunday Liquor License
a. City Manager Fursman introduced the staff report.
b. City Clerk Guilfoile presented the specifics of the report.
Councilmember Koppen moved to approve the intoxicating liquor and Sunday liquor license
application from Ryan Michael Judge for Chipotle Mexican Grill, 2303 White Bear Avenue.
Seconded by Councilmember Wasiluk Ayes -all
Annual Charitable Gambling Renewal and Fund Distribution
a. City Manager Fursman introduced the staff report and presented the specifics of the
report.
04-23-01 19
Councilmember Collins moved to table this item for discussion at the neat council meeting on
May 14. 2001.
Seconded by Councilmember Allenspach Ayes -all
L. VISITOR PRESENTATIONS
None
M. COUNCIL PRESENTATIONS
1. Cable TV -Mayor Cardinal said that the City of North St. Paul reimburses its councilmembers for
cable TV service and wanted to address whether Maplewood should do the same. After
discussion, there was no consensus amongst the council.
2. White Bear Avenue Parade Date -Mayor Cardinal said that he and Councilmember Koppen were
not present last year when the parade date was set because they had a Cable Commission meeting
that night. Mayor Cardinal asked that staff send a letter to the Cable Commission and suggest that
it not take votes on any major items that would affect Maplewood unless a representative from
Maplewood can be there.
3. Community Center Maintenance Schedule -Mayor Cardinal asked if they could get a Community
Center Maintenance Schedule for a year out or five years, etc. Staff said that carpeting for the
Community Center has been funded as part of their CIP process, which is a fund for improvements
over $50,000. Staff will be coming before the council during the budgetary process with an item
that will be fixed as part of a cost for the ongoing maintenance at the Community Center
4. School Board Meeting -Mayor Cardinal said there will be a referendum coming forward and that a
joint session with the North St. Paul, Maplewood, Oakdale School Board and Roseville School
Board would present a unified front to keep our schools improving and functioning properly.
5. Dedication of Bruce Vento Trail -Mayor Cardinal asked staff about the Bruce Vento Trail. Staff
will get information to the council on this.
6. Petition for Beaver Lake -Mayor Cardinal said he was presented with a petition for the Beaver
Lake Townhouse project. Staff said that they have scheduled a neighborhood meeting on May 8th
at the East County Line Fire Station from 5:00 p.m. to 7:00 p.m and the neighborhood residents
will be notified, as well as anyone who spoke at the last public hearing. Staff will be taking that
notification area a lot broader than last time. This meeting is to talk about the revisions that have
been made. Staff will be bringing this back before the council on May 14th at 7:00 p.m.
7. Food Drive -Councilmember Allenspach said the councilmembers received a flyer about the food
drive at City Hall and encouraged everyone in the city to participate.
8. Ramsey County League -Councilmember Allenspach said that the Ramsey County League of
Local Government monthly meeting is on Thursday, April 26th, at the North St. Paul Community
Center at 7:00 p.m. and the topic is •Life in the Classroom, How Things Have Changed^ This
meeting is open to the public and Councilmember Allenspach encouraged everyone to attend.
04-23-01 20
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Councilmember Koppen moved to adjourn the meeting at 9:19 P. M.
Seconded by Councilmember Allenspach Ayes -all
Karen E. Guilfoile, City Clerk
04-23-01 21