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HomeMy WebLinkAbout11/04/1996BOOK Call to Order MAPLEWOOD PLANNING COMMISSION Monday, November 4, 1996 7:00 PM City Hall Council Chambers 1830 County Road B East Roll Call Approval of Minutes a. October21, 1996 4. Approval of Agenda 5. Unfinished Business a. Tower and Antenna Ordinance o New Business a. Gervais Avenue Feasibility Study (Barclay Street to Kennard Street) b. Planning Commission Code Change c. Planning Commission Rules of Procedure d. Election of Officers 7. Visitor Presentations 8. Commission Presentations a. October 28 Council Meeting: Mr. Kittridge b. November 12 Council Meeting: Mr. Thompson 9. Staff Presentations 10. Adjournment WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. Staff presents their report on the matter. The Commission will then ask City staff questions about the proposal. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Please step up to the podium, speak clearly, first giving your name and address and then your comments. After everyone in the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. The Commission will then discuss the proposal. No further public comments are allowed. The Commission will then make its recommendation or decision. All decisions by the Planning Commission are recommendations to the City Council. The City Council makes the final decision. jw/pc~pcagd Revised: 01/95 MINUTES OF THE MAPLEWOOD PLANNING coMMIsSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA OCTOBER 21, t 996 I. CALLTO ORDER Acting Chairperson Fischer called the meeting to order at 7 p.m. II. ROLL CALL Commissioner Bunny Brueggeman Commissioner Barbara Ericson Commissioner Lorraine Fischer Commissioner Jack Frost Commissioner Kevin Kittridge Commissioner Dave Kopesky Commissioner Gary Pearson Commissioner William Rossbach Commissioner Milo Thompson III. APPROVAL OF MINUTES Present Present Present Absent Present Absent Present Present Present IV. A. October 7, 1996 Commissioner Rossbach noted that the General Sprinkler item, which the minutes indicated was tabled for two weeks, was not on the agenda for this meeting. Ken Roberts, associate planner, said the applicant was revising his plans and was not ready for consideration at this meeting. Acting Chairperson Fischer suggested that, since tabling for two weeks was specific in the motion at the October 7, 1996, meeting, the item should be added to the agenda for tonight's meeting and then tabled until the submittal is ready. Commissioner Kittridge moved approval of the minutes of October 7, 1996, as submitted. Commissioner Ericson seconded. Ayes-Ericson, Fischer, Kittridge, Pearson, Rossbach, Thompson Abstain-Brueggeman The motion passed. APPROVAL OF AGENDA Commissioner Rossbach moved approval of the agenda, amended to add No. 8 Old Business, General Sprinkler Corporation. Commissioner Pearson seconded. Ayes-all The motion passed. Planning Commission Minutes of 10-21-96 -2- V. NEW BUSINESS Resolution of Appreciation--Lester Axdahl Ken Roberts, associate planner, presented the staff report. Acting Chairperson Fischer asked for clarification of the bylaws as they pertained to her title. Mr. Roberts will check the bylaws. Commissioner Kittridge moved approval of the resolution of appreciation for Lester Axdahl. Commissioner Pearson seconded. Ayes-all The motion passed. VI. PUBLIC HEARINGS Ao Stielow Open Space--Sterling Street and Carver Avenue: Land Use Plan Change (R-1 to OS) Ken Roberts, associate planner, read the public hearing notice and presented the staff report. Acting Chairperson Fischer opened the public hearing for comments from the audience. Bill Mahre, representing the Saint Paul Educational Foundation (the owner of the ski-jump property that the city has planned as open space), said they are supportive of the action taken by the City of Maplewood to purchase this property for open space. There were no further comments so the public hearing was closed. Craig Dawson, assistant city manager, said the only other parcel of land being considered for purchase as open space at this time is the Bradley Oaks subdivision. This subdivision, which consists of a number of landlocked parcels, is just west of the Priory property. The Priory property was previously purchased by the city for open space. Commissioner Kittridge moved the Planning Commission recommend adoption of the resolution which changes the land use plan for the undeveloped area west of Sterling Street north of Carver Avenue around the house at 1285 Sterling Street. The change is from R-1 (single dwellings) to OS (open space). The city should make this change because: 1. Maplewood plans to buy this site for open space. 2. The site provides an interesting vista. 3. The purchase would help preserve a variety of natural features on and near this site, including slopes and trees. 4. The property is a good economic value. 5. There is safe and easy access to the area. 6. The site could provide year-round recreational opportunities. 7. There has been neighborhood interest in preserving the site. Planning Commission Minutes of 10-21-96 -3- The city shall not make the land use plan change for the city-owned property until after the city closes on the property. Commissioner Brueggeman seconded. Ayes-all The motion passed. VII. NEW BUSINESS Tower and Antenna Ordinance Melinda Coleman, director of community development, presented the staff report. Commissioner Rossbach asked why the towers would be considered for placement on public land and in parks and golf courses, particularly parks. He also questioned why the city should be excluded from the conditional use process when placing its antennas. Ms. Coleman responded that placement on public lands and parks would allow the city to have more control and also be a possible source of revenue. She said that the possibility of placing towers in parks had not been reviewed by the park commission and was open to consideration. Ms. Coleman added that since parks and public land are usually larger parcels they would be more suitable for towers. Commissioner Rossbach's opinion was that parks and open space should not be used for towers, and that the city should follow the same regulations for towers and antennas, i.e. conditional use process, as other applicants. Commissioner Kittridge said he would be in favor of puffing the towers in open space "if birds of prey could rest upon them." He agreed that the city should be much more restrictive about placing towers in residential districts. Linda VVhitman, representing American Portable Telecom, was present. Ms. VVhitman thought most of the ordinance was workable for the industry. She was of the opinion that many church steeples were over 25 feet tall and that towers could be worked into the structure so that they were hardly noticeable. She also said that sculptural elements are effectively used to incorporate towers on many churches. Ms. Whitman did say that it would be difficult to provide specific tower information at the time of the conditional use permit application. Generic information would be available then, but the actual tower drawings could be part of a conditional approval or included with the building permit application. Ms. Whitman was not particularly concerned about the 75-foot tower restriction. However, she said it was very difficult to co-locate at that height. She suggested that, if the applicant had an identified user (such as AT&T, Sprint, etc.) to co-locate with on a particular structure in a residential neighborhood, they would be allowed to go higher since co-locating would alleviate the need for additional towers. Ms. Whitman said removing an abandoned tower is a standard condition in their lease. She said the recovery cost of the structure is worth the expense of removing it. According to Ms. Whitman, FCC does not allow interference. Also, the intermodulation study is a requirement that flushes out problems with any other systems in the community. Ms. Whitman asked that the submittal requirements be clarified. As she previously stated, some information is specific to a certain site and only available at the time of the building permit application. Other information is generic and would be submitted with the conditional use permit application. Planning Commission Minutes of 10-21-96 Commissioner Rossbach asked about the co-user arrangement. Ms. Whitman said typically they try to swap use of towers. If they are unable to do this, then they enter into a lease arrangement. She said they do pay a fee to lease space from cities for their towers. Commissioner Pearson asked if information about the failure rate of the towers was available. Ms. Whitman said their construction people have seen some buckling on the towers. When this happens, it is repaired. She said that after Hurricane Andrew went through Florida, the communication towers remained standing. They are designed to collapse on themselves and within the lease area provided. Commissioner Kittridge asked how the tower could look like the steeple on a church application. Ms. Whitman explained some of the ways that the pole is incorporated into the steeple design. She also said that in case of a dispute over possible interference, the company finds it is in their best interest to conduct the investigation. Mike O'Rourke, director of engineering and operations for American Portable Telecom, was present at the meeting. Mr. O'Rourke said applications below 200 feet do not require filing with the FCC unless they are in close proximity to an airport. Ms. Whitman said 100 feet would be the minimum height to have a co-locate. Commissioner Ericson said she would prefer to have the ordinance leave 75 feet as the maximum height and consider allowing additional height with co-location. Commissioner Ericson said she preferred language in the ordinance that would recommend using church towers and existing light poles for tower installations. She did not recommend having the poles in golf courses. Ted Olson, of AT&T Wireless, said they had reviewed the proposed ordinance. He commended staff for proposing an ordinance that is "quite fair and very straightforward." Mr. Olson requested that the ordinance be forwarded to the city council for consideration. He thought most issues could be resolved before the next council meeting. Acting Chairperson Fischer asked for legal comment on Section 36-611. Commissioner Kittridge thought it was in the best interests of the industry to change the language in Section 36-611; however, from experience he cautioned "reliance upon someone other than the city." Commissioner Ericson moved the Planning Commission recommend tabling the recommendation for the antenna and tower ordinance until the November 4, 1996, planning commission meeting to allow for incorporation of the discussion, points of interest and comments from this meeting. Commissioner Rossbach seconded. Ayes-all The motion passed. VIII, OLD BUSINESS A. General Sprinkler Corporation Ken Roberts, associate planner, presented some additional information on this project. Commissioner Rossbach moved the Planning Commission recommend tabling the General Sprinkler Corporation request until the applicant makes another submittal and staff has time to review it. Planning Commission Minutes of 10-21-96 Commissioner Brueggeman seconded. The motion passed. -5- Ayes-all IX. VISITOR PRESENTATIONS Xa There were no visitor presentations. COMMISSION PRESENTATIONS Acting Chairperson Fischer mentioned various meetings that are being held this month in Maplewood. A. October 14 Council Meeting: Ms. Ericson reported on this meeting. Ms. Coleman also commented on additional items from the meeting. Ms. Coleman said the city council voted to have staff redraft an ordinance which would reduce the size of the planning commission to nine representatives. There was discussion on the number of commissioners needed for a quorum. Ms. Coleman also said that some type or acknowledgement or recognition of Les Axdahl will be planned with the city council. B. October 28 Council Meeting: Mr. Kittridge will attend this meeting. It was decided to address the issue of the chair position for the planning commission at the next meeting. Xl. STAFF PRESENTATIONS There were no staff presentations. X. ADJOURNMENT The meeting adjourned at 8:42 p.m. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Community Development Director Antenna and Tower Ordinance October 30, 1996 INTRODUCTION On December 18, 1995, the city council adopted a one-year moratorium on towers and antennas. The moratorium allowed staff time to study where and how the city code should allow these facilities. The primary objectives of the zoning ordinance are to protect adjacent land uses from possible adverse impacts and to regulate antennas and towers in a way that does not preclude their legitimate use. In addition, the moratorium prevented new towers and antennas from being constructed in Maplewood until the city adopts a new ordinance. BACKGROUND On October 21, 1996, the planning commission and several telecommunication industry representatives reviewed the proposed antenna and tower ordinance. The Commission and industry representatives made suggested changes to the proposed ordinance. City staff noted these suggestions and made several changes to the proposed text. DISCUSSION The City of Maplewood has been approached by several telecommunication companies seeking permits to construct wireless telecommunications facilities. As proposed, the ordinance relates to cellular telephone towers, antennas and rooftop apparatus needed to operate for this rapidly changing technology. Staff modeled the ordinance after ordinances that were recently adopted in Bloomington and Woodbury. The League of Minnesota Cities developed model language and helpful direction, research and other information from cities around the United States. This information has been very useful and some of this language has been incorporated or slightly modified into the proposed ordinance to fit the city's needs. Currently, there are six towers and associated facilities in the city. KSTP has two sites on the east and west sides of Highway 61 and south of Beam Ave. They have 5 towers that are between five and six hundred feet tall. The other tower, which I believe belongs to AT&T, is located south of Highwood Avenue and west of Century Avenue. As proposed, new towers and antennas would be a permitted use on existing facilities, water towers, sides or roofs of buildings or structures over two stories and existing power or telephone poles. Towers and antennas will be required to obtain a conditional use permit in all other districts and instances. City staff wrote the ordinance to allow towers in residential districts if the applicant can demonstrate the location of the tower is necessary to meet the cellular telephone coverage and capacity that otherwise could not be served. The proposed ordinance restricts towers in residential districts to 75 feet in height. Some cities have prohibited towers altogether in residential districts. This approach may be at odds with the 1996 Federal Telecommunications Act. This law bars cities from actions that prohibit or have the effect of prohibiting personal wireless telephone services and facilities in their cities. RECOMMENDATION Adopt the ordinance starting on page 3. This ordinance establishes regulations about commercial use antennas and towers in Maplewood. Attachment: Proposed ordinance P:~or~tower.2 2 ORDINANCE NO. AN ORDINANCE OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, AMENDING THE CITY CODE BY ADDING LANGUAGE ABOUT ANTENNAS AND TOWERS. The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section changes Section 36-66(b) by adding the following: 3 Antennas and towers as re ulated b Section 36-606. Section 2. This section changes Section 36-84.7 as follows: (I have crossed out deletions and underlined the additions.) Section 36-84.7 Radi...._.~o tower, television antenna and flagpole setbacks.. ~ Citizen band radio towers amateur radio towers television antennas and fla oles in an R-1 district shall maintain a five-foot setback from all ro err lines. Section 3. This section adds the following to the Maplewood City Code: (Additions have been underlined.) CHAPTER 36 ARTICLE X! COMMERCIAL USE ANTENNAS AND TOWERS Section 36-600. Purpose.., the ublic health safe and eneral welfare of the communi the council finds that these _regulations are necessary to: Facilitate the rovision of wireless telecommunication services to the residents and businesses of the city. Minimize adverse visual effects of towers throu h careful desi n and sitin standards. 3. Avoid otential dama e to ad'acent ro erties from tower failure throu h structural -- standards and setback requirements. 4. Maximize the use of existin and a roved towers and buildin s to accommodate new -- wireless telecommunication antennas to reduce the number of towers needed to serve the 3 _Goals in adoptinQ this ordinance include the following.' 1_. Minimize adverse visual effects of tcwers throu,qh careful desi,qn and sitin,q standards. 2_~ Avoid otential dama e to ad'acent ro erties from tower failure throu h structural standards and setback re uirements. 3_. Maximize the use of existin and a roved towers and buildin s to accommodate new wireless telecommunications antennas to reduce the number of towers needed to serve the 4..=. Promote the use of ublic land buildin s and structures for wireless communications whenever ossible. 5_. Freestandin mono oles and towers shall be desi ned and installed to encoura e two co-locations of facilities on the same structure or on the same site. The followin references shall be followed when selectin sites: a~ Prima structural location reference for wireless communication e ui ment as Water towers. .Co-location on existin~ towers. ~ee les or the church structure, when camouflaned as stee-les bell t_owers, or other architectural features. .Sides and roofs of buildin,qs or structures over two stories. Existin,q power or telephone pole corridors. _/.iaht poles or towers at outdoor recreational facilities. ~e structure replicates. parkina lot. Prima land use areas for mono oles re uidn conditional use ermits. lj.!). Industrial. (2) Government school church or laces of worshi utilit and institutional sites. ~ Public arks/ oil courses when com atible with the nature of the ark or .course. ~4) O en s ace areas when com atible with the nature of the area and site. ..Section 36-601. Definitions. The followin words and terms when used in this section or ordinance shall have the followin meanin unless the context clearl indicates otherwise: 1~ Accesso structure. A structure located on the tower or antenna site customaril incidental to the receivin or transmittin of radio or television ro rams radio and tele hone receivin wave transmit/receive antennas desi ned for dis atchin or use with household electronic e ui ment includin "ham" radio · ui ment. 4 2. Antenna. That ortion of an · ui ment located on the extedor or outside an structure used -- for transmittin,q or receivin!:l radio or television waves. 3. Antenna Cellular Tele hone. A device consistin of a metal carbon fibre or other -- electroma neticall conductive rods or elements usuall arran ed in a circular arra on a sin le su ortin ole or other structure and used for transmission and rece tion of radio waves in wireless telephone communications. 4. Antenna Public Utili Microwave. A arabolic dish or comuco ia sha ed electroma neticall -- reflective or conductive element used for the transmission and/or rece tion of oint to oint UHF or VHF radio waves in wireless communications and includin an su ortin structure. 5. Antenna Radio and Television Broadcast Transmittin · A wire set of wires metal or carbon -- fibre rod or other electroma netic element used to transmit ublic or commercial broadcast radio or television ro rammin and includin the su ort structure thereof. 6. Antenna Satellite Dish. A device inco oratin a reflective surface that is solid o en mesh -- or bar confi ured and is in the sha e of a shallow dish cone horn or comuco ia. Such a device shall be used to transmit and/or receive radio or electroma netic waves between terrestriall and/or orbitall -based uses. This definition includes but is not limited to what are commonl known as satellite earth stations TVROs television receive onl and satellite microwave antennas. 7. Antenna Short-wave Radio Transmittin and Receivin . A wire set of wires or a device -- consistin of a metal carbon fibre or other electroma neticall conductive element used for the transmission and rece tion of radio waves used for short-wave radio _ommunications and includin,q the supportin,q structure thereof. 8. Public Utilit. Persons co oration or ovemments su lin as electdc trans ortation -- water sewer or land line tele hone service to the eneral ublic. For this ordinance commercial wireless telecommunication sources shall not be considered ublic utilit uses and are defined separately. 9. Tower. An ole s ire or structure or combination thereof to which an antenna is attached -- and all supoortin.q lines, cables, wires, braces and masts. Section 36-602. Existin.q antennas and towers. Antennas towers and accesso structures in existence as of ~ ordinance ado tion that do not meet or com I with this section are sub'ect to the followin Towers ma continue in use for the existin u ose now used and as now existin but ma 1. not be re laced or structurall altered without meetin all standards in this section. 2. If such towers are dama ed or destro ed due to an reason or cause whatsoever unless the -- user or owner voluntaril removes the tower the tower ma be re aired and restored to its former size hei ht and use within one 1 ear after ettin a buildin ermit from the cit. The location and h sical dimensions shall remain as the were before the dama e or destruction. .Section 36-603. Interpretation. It is not the intention of this ordinance to interfere with abro ate or annul an covenant or other a reement between arties. However where this ordinance im oses rearer restrictions u on the use or remises for antennas or towers than are im osed or re uired b other ordinances rules re ulations or ermits or b covenants or a reements the rovisions of this ordinance shall Section 36-604. Inspections and Violations. a~ .All towers, monopoles and antennas must obtain a buildin¢3 permit and are subiect to inspection by the city buildina official to determine compliance with UBC constructio,~ standards. Deviations from the od,qinal construction that a permit is obtained is .~ Notice of violations will be sent by re.(3istered 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 th~ ~cial that the re airs have been made and asS(~'~' ins ection will be made b the buildin official and the owner notified of the results. .S. ection 36-605. Conditional Use Permit. a~ In reviewin.q an application for a conditional use permit for the construction and maintenanc~ of radio and television antennas and supportin_Q towers, monopoles and accessory structures, the city council shall consider the advice and recoi~rf-~enGations of the plannin¢3 commission., and desi.qn review board and the effect of the proposed use upon the health, safety. convenience and ,qeneral welfare of residents of surroundin,q areas, the effect on pi';3pert¥ values, and the effect of the proposed use on the comprehensive plan. b..=. The applicant shall provide at the time of application, sufficient information to show thai construction, installation, and maintenance of the antenna or tower will not create a safety .~ezerd or dama,qe to the prol~eHv of other persons. c_. .Conditional use permits will not be required for: J.!.)..A. ntennas and towers used by the city for city r)urposes. ~2) .Repair or replacement or adiustment of the elements of an antenna array affixed to :- tcwer or antenna if the re lacement does not reduce the safet factor. (3) ..Antennas mounted on water towers, sides or roof of existin,q structures and existin!~ power, lioht, or telephone poles. ' . d..~. _The fee to be paid for the conditional use permit shall be established by city council .resolution. Section 36-606. Cellular Telephone Towers Proposed in Residential Districts= No person, firm or corporation shall build or erect a tower or monopole in a residential zone without obtaining a conditional use permit. Such a tower or monopole shall be subject to, but not, limited to, the followin~l conditions:.. The applicant shall demonstrate by providing a covera.qe/interference analysis and car)acit¥ analysis, that location of the tower as proposed is necessary to meet the frequency reuse ;,nd s.necin~i needs of the cellular system, and to provide adequate portable cellular telephone coveraae and capacity to areas that cannot be adequately served by Iocatin.q the antenm,s in a less restrictive district or on an existintq structure, tower or antenna. 2. The antennas shall be IocateG on an existin,q structure if possible, and shall not extend more. -- than twenty-five (25) feet above the hell:Iht of the structure to which they are attached. 3. If no existin~l structure that m,=¢ts the heiQht requirements for the antennas is available for -- iTiountinl:l the antennas, such antennas may be'mounted on a monopole not to exceed seventy-five (75) feet in hei.qht. The monopole shall be located at least the hei~lht of ti ~e tower or monopole from the nearest residential structure, unless a qualified structural en,qineer specifies in wfitin,q that any collapse of the pole will occur within a lesser distance under al! foreseeable circumstances and if a lesser setback is aQreed to by the city council. 4. The hei,qht of a tower may be increased to a maximum of one hundred (100) feet if the -- applicant can demonstrate to the city that the extra hei,qht is necessary for the co-location of another provider's antenna. 5~ Transmittin.q, receiving and switchinQ equipment shall be in an existinl:l structure wheneve.r. possible. If a new equipment buildin!:! is necessary for transmitting, receivin.q and switchin,q, it shall be located at least ten (10) feet from the side or rear lot line and shall be landscaped or screened. Such a buildinQ, landsc~pin,q and screenin,q shall be reviewed by the community desi,qn review board. Section 36-607. Construction Requirements, Setback and Hei~lht Restrictions in Districts or Locations Other Than Residentia.l.= 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. Antennas and towers shall meet the followin,q requirements: c...~. lJ~ The antennas may be mounted on a sin,qle pole not to exceed one hundred seventy-five (175) feet in height. The pole shall be at least the hei~iht of the pole plus twenty-five feet from any residential dwellin,q unit... ~ Metal towers shall be constructed of, or treated with, corrosive resistant materia[~ 7 The use of guyed towers is prohibited. (4) Tower locations should provide the maximum amount of screening possible for off-sito views of the facility. Existing on-site ve,qetation shall be preserved to the maximum practicable extent. The installation shall be designed to be compatible with the underlyin.q site plan. Th~, base of the tower and any accessory structures shall be landscaped. Accessory structures and equipment buildin,qs shall be designed to be architecturally compatibl= with any principal structures on the site. The desi,qn of any accessory structures and equipment buildin.qs and site landscapin,q shall be reviewed by the community desi.qn review board. Towers shall be a li,qht blue or .qray or other color shown to reduce visibility. No advertisin,q or identification visible off-site shall be placed on the tower, antenna or buildin,qs. ~). Antennas placed upon the tower shall be subject to state and federal re,qulations-about nonionizin,q radiation and other health hazards related to such facilities. If the federal ,qovemment adopts new, more restrictive standards, the antennas shall be made to comply or operations may be restricted by the city council. The cost of verification of compliance shall be paid by the owner or operator of the tower. (10) Wireless telephone 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 zonin,q districts of the city. Towers with antennas shall be designed to withstand a uniform wind loading a,~ prescribed by the Minnesota State Building Code, {11) Telecommunications equipment located on the side of an existing structure or on a roof of a structure shall not be screened. Section 36-608. Li.qhts and Other Attachments. No antenna or tower shall have affixed or attached to it in any way except durin,q time of repair or installation, any li,qhts, reflectors, flashers, daytime strobes or steady ni,qhttime li,qht or other illuminatin.q devices, except as required by the Federal Aviation Agency, the Federal Communications Commission or the city. In addition, no tower shall have constructed thereon, cr attached thereto, in any way, any platform, catwalk, crow'snestl or like structure, except durin.n. pedods of construction or repair. 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 may be 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. 8 Section 36-610. Co-location of Personal Wireless Communication Service Equipment. A proposal for a new personal wireless service tower shall not be approved 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 existin.q or approved tower or commercial building within one-half mile radius, transcendin,q municipal borders, of the proposed tower due to one or more of the following: 1_. 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. Existin,q or approved towers and commercial buildings within one-half mile radius cannot reasonably accommodate the planned equipment at a height necessary to function. 4_. For residential district sites, the applicant must demonstrate, by providing a city-wide covera.qe/interference and capacity analysis, that the location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system, and to provide adequate portable cellular telephone covera,qe and c~pacity to areas that cannot be adequately served by locating the antennas in a less restrictive district or on existing structure. 5_. For all commercial wireless telecommunications service towers, a letter of intent committing the tower, the owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. Section 36-611. Interference with Public Safety Telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. Before the introduction of new service or changes in existin,q service, telecommunication providers shall notify the city at least ten (10) calendar days before such changes and allow the city to monitor interference levels during the testina ~)rocess. Section 36-612. Additional Submittal Requirements. Additional Submittal Requirements. In addition to the information required elsewhere in this Code, building permit applications for towers shall include the following supplemental information: ^ report and plans from a qualified and registered en,qineer or others that: a~ Describes the tower height and design including a cross section and elevation. Documents the hei,qht above grade for all potential mountin,q positions for co-located antennas and the minimum separation distances between antennas. Describes the tower's capacity, includin,q the number and type of antennas that it can accommodate. 9 Documents what steps the applicant will take to avoid interference with established public safety telecommunications. Includes an en,qineer's stamp and re.qistration number. Includes all other information necessary for the city to evaluate the request. Section 36-613. Variances. The City may ,qrant variances to the requirements of this section. All variances must follow th~, provisions of Minnesota Statutes, Chapter 462. Section 3. This ordinance shall take effect after the city council approves it and the official newspaper publishes it. The Maplewood City Council approved this ordinance on 1996. 10 TO: FROM: SUBJECT: DATE: MEMORANDUM Community Development Director Assistant City Engineer ~--'~'"~ Request to Submit Feasibility Study to Planning Commission Project 96-02, Gervais Avenue, Barclay Street to Kennard Street October 22, 1996 State law requires that the planning commission review all public capital improvement projects within cities with an approved comprehensive plan. I am requesting that the attached feasibility study be presented to the planning commission for their review and approval. I believe the commission will find the proposed improvement to be consistent with the Maplewood Comprehensive Plan. Thank you for your assistance. RAM jc Attachment TO: FROM: SUBJECT: DATE: MEMORANDUM City Manager Ken Roberts, Associate Planner Planning Commission Code Change October 29, 1996 INTRODUCTION On October 17, 1996, the city council discussed the membership and size of the planning commission. The council directed staff to prepare an ordinance to change the size of the planning commission from 11 to nine members. BACKGROUND On October 7, 1996, Lester Axdahl resigned from the planning commission. This now leaves the planning commission with nine active members. DISCUSSION As drafted, the code amendment changes the size of the planning commission from 11 to 9 members. It also updates the rest of the code language about the commission, including changing the gender-specific language in the code. RECOMMENDATION Adopt the ordinance starting on page 2. This ordinance changes the size of the planning commission and updates the code language about the planning commission. kr/p:/misc/pcord.mem Attachment: Proposed Code Change Attachment 1 ORDINANCE NO. AN ORDINANCE OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, AMENDING PARTS OF CHAPTER 25 OF THE CITY CODE ABOUT THE PLANNING COMMISSION. The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances (I have crossed out the deletions and underlined the additions): Section 1. This section changes Section 25-17 as follows: Sec. 25-17. Established. The Maplewood City Council establishes Thc:= != hc::b~,, cot'-blS:hod for the city a planning commission as an advisory board to the city council, as provided in Minnesota Statutes, Sections 462.351 through 462.364. Section 2. This section changes Section 25-18 as follows: Sec. 25-18. Advisory body; exceptions. All actions of the advisory planning commission shall be in the nature of recommendations to the city council, and the said commission shall have no final authority about .--;!th r:f=r=r.c= ',c any matters, except as the council may lawfully delegate authority to it. Section 3. This section changes Section 25-19 as follows: Sec. 25-19. Composition; appointment; qualifications; terms. (a) The planning commission shall have nine (9) be ccmpc:=d cf eleve,~-(-~) members appointed by the city council. The members shall be residents of the city and may not holH an elected city public office. When possible, the council shall select commission members represent the various areas of the city and to help mcct the r, ccds of the residents. ,-.~,~-- --.h=!l b= r=::dcn!: cf t."..., c;~-' '--'-,_, ,,,,! ~,--,.~ -,.- -.,~.-~; ...... ~";" "~'"~' ;" '~'" ";* .... '~ sA:l! be, _.The city council shall appoint members of the plannin.q commission for three (3) year terms. The city shall divide the membership into three .qroups of three members each. The terms or the three members in the same .qroup shall end in the same year. If the appointment is to fill a vacancy, the appointment would be to finish the unexpired part of the vacated term. All terms shall expire on December thirty-first of the year in which the appointment ends. Section 4. This section changes Section 25-20 as follows: Sec. 2fl-20. Officers generally. The planninR commission shall elect a chairperson and a vice chairperson at the second planninc~ commission meetin,q in January each year. The chairperson shall be responsible for callin.q and presidin.q at meetin.qs and shall have an equal vote with other members of the commission. If the chairperson is not at a meeting, the vice chairperson shall assume the duties of the chairperson for that meetin,q. If the chairperson resi.qns from or is otherwise no Ion,qer on the plannin,q commission, the vice chairperson shall become the actin.q chairperson until the planning commission can hold an election for new officers. (Section 25-21 and Section 25-22 (below) remain unchanged.) Sec. 25-21. Vacancies. (a) Any of the following may cause the office of a planning commissioner to become vacated: (1) Death, or removal from the city. (2) Disability or failure to serve, as shown by failure to attend four (4) meetings in any year, may be cause for removal by council majority, unless good cause can be shown to the council. (3) Resignation in writing. (4) Taking of public office in the city. (b) Vacancies shall be filled by the council for the unexpired portion of the vacated term. Sec. 25-22. Officers; meetings; rules of procedure; public attendance. (a) The planning commission shall elect its own officers, establish meeting times, and adopt its own rules of procedure to be reviewed and approved by the city council. (b) All meetings of the planning commission shall be open to the public. 3 Section 5. This section changes Section 25-23 as follows: Sec. 25-23. Duties and responsibilities. The duties of the planning commission shall be as follows: (1) To prepare and recommend a comprehensive plan of development for the city._+ (2) To conduct hearings and make recommendations to the city council about.k~-e~ard4e the adoption of the city comprehensive plan and any amendments thereto. The comprehensive plan certified and adopted by the city council shall be recognized as the city official comprehensive plan= ~ (3) To study and make recommendations to the city council about iR-r-e~3ar-d-~ implementing the comprehensive plan and any land use. regulations=_ ther-e~, (4) To study and make recommendations to the city council about zonin,q code amendments, i~ (5) To review, prepare and make a report to the city council by the second city council meeting in February of each year regarding the commission's activities in the past year and major projects for the new year. (6) To maintain a liaison and coordination with government and private agencies so that the city council may be familiar with-~e~i~a~t-~ the planning activities of such agencies in order to establish an order of planning and development unity for the city~ + (7) To review and recommend on or before June 30 ~l.... ~,.** of each year a capital improvements program to the city council, which is designed to accomplish the comprehensive plan for the city=_; =cd (8) To review and make recommendations to the city council on development applications, such as rezonings, conditional use permits, variances, vacations, preliminary plats and home occupation licenses._~ (9) To accept such other and further duties as may, from time to time, be directed by the city council, including conducting hearings. (Section 25-24 (below) remains unchanged.) Sec. 25-24. Compensation; expenses. All members of the planning commission shall serve without compensation. However, approved expenses of the planning commission shall be paid from available city funds. 4 Section 6. This section changes Section 25-25 as follows: Sec. 25-25. Cit~ staff responsibilities. ~;=~ D.'-c'c" Subject to the direction of the city manaaer, the planning commission and its chairperson, c.".=~.,'~,.=~, the community development director shall: cit~,' ";'-'""' "~ (a) Conduct all correspondence of the commission. (b) Send out all required notices. (c) Attend all meetin,qs and hearin~ls of the commission. (d) Keep the dockets and minutes of the commission's proceedin.qs. ~ Keep all required records and files. ~ Maintain the files and indexes of the commission... Section 7. Sec. 25-26. (a) (b) This section changes Section 25-26 as follows: Same - City engineer; city attorney; city inspectors; other city employees. The t~N, iees-ef-tJ~e city engineer and the city attorney and their services shall be available to the planning commission. The said engineer and attorney shall have the right to sit in with the commission at all meetings, but shall not be entitled to vote as a member of said commission. All city inspectors and other regular employees or personnel of the city shall cooperate with the ..,d,,; .... ~lnnninn commission, make themselves available and attend meetings, when requested to do so. Section 8. This ordinance shall take effect after the city council approves it and after the official newspaper publishes it. The Maplewood City Council approved this ordinance on ,1996. MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Planning Commission Rules of Procedure DATE: October 24, 1996 INTRODUCTION The planning commission should review their rules of procedure. I am suggesting several changes to the rules to address the election of officers and to make the language gender neutral. BACKGROUND The planning commission first approved the rules of procedure on February 21, 1983. The commission has reviewed and changed their rules several times since then. On January 3, 1995, the commission did the latest review and revisions to their rules. DISCUSSION Section L of the rules says that the commission is to review the rules at the first meeting each year. This review should satisfy the need for a review in January 1997. RECOMMENDATION Adopt the revised planning commission rules of procedure starting on page 2. kr/p\office~ocrules.mem Attachment: Rules of Procedure RULES OF PROCEDURE Approved by the Planning Commission on February 21, 1983 Last Revision on January 3, 1995 Proposed Revision November 4, 1996 We, the members of the Planning Commission of the City of Maplewood, Minnesota, created pursuant to Chapter 25, as amended, of the Maplewood Code of Ordinances, do hereby accept the following Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: (I have crossed out the deletions and underlined the additions): A. MEETINGS Bo 1. All meetings shall be held in City Hall unless otherwise directed by the chairperson c.".c!;m=n, in which case at least 24 hours notice will be given to all members. Regular meetings shall be held at 7 p.m. on the first and third Mondays of each month. ~prcv~d t~=t :':~n If a regular meeting falls on a legal holiday, such meeting shall b~ rescheduled as a special meeting, if needed. ° Special meetings shall be held upon call by the chairperson, c,".=~.."m,.cn, or in his absence, by the vice chairperson ............ , or by any other member with the concurrence of five other members of the Commission. At least 48 hours notice shall be given to all members for special meetin,qs. QUORUM 1. A simple majodty of the active membership of the Commission shall constitute a quorum. 2. Any member having a conflict of interest shall declare the same before discussion of the ~ item in which he or she has a conflict. Any member who abstains from voting on a question because of possible conflict of interest shall not be considered re-be a member of the Commission for U=~-pufl~e-~ determining a quorum for the consideration of that issue. 3. Approval of any motion shall require the affirmative vote of a majodty of the members present. C. DUTIES OF CHAIRPERSON In addition to the duties prescribed in Section 25-20 of the Code of Ordinances, the ,chairperson ch-"~..'m..cn shall appoint such standing committees and temporary committees as are required, and such committees will be charged with the duties, examinations, investigations, and inquiries about relative-re the subjects assigned by the chairperson ~h=~..-m..=n. No standing or temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without its submission to the full Commission. Do ELECTION OF OFFICERS 1. A ~¢,ha~RaR and vice ~ r~m:~-shall be elected at the second meeting of each calendar year and will serve until their successors have been elected. 2. In the absence of the ~ r~,aim:~R, the vice ~ r=hair-maR shall perform all duties required of the cnmrperson~mv-~;;;~ .... ,.'~c,-, ............... When bot~ the ~r,~ah:maR and the vice ~ ~ are absent, the ~ members ~ shall elect a ~ ~ pro tern. 3. If the chai erson resi ns from or is otherwise no Ion er on the lannin commission the -- vice chai erson shall become the actin chai erson until the lannin commission can hold an election for new officers. If the vice chai erson resi ns or is othe~vise no Ion er on the lannin commission the lannin commission will elect a new vice chai erson at the next possible planning3 commission meeting. Eo Fo REPRESENTATION AT COUNCIL MEETINGS A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and to answer questions from the City Council regarding the decision. The Commission shall adopt a rotating schedule of its members at the first meeting of each year to attend these meetings. DIRECTOR OF COMMUNITY DEVELOPMENT In addition to carrying out the duties prescribed in Section 25-25 of the Code of Ordinances, the director shall: 1. Prepare the agenda and minutes for each meeting of the Commission. 2. Act as technical advisor to the Commission. 3. Present written alternatives and make recommendations on matters referred to the Commission. 4. Maintain a record of all agenda items from application to final action by the City Council. AGENDA 1. Copies of the agenda, together with pertinent planning office reports and copies (~f the. minutes of the previous meeting, shall be distributed so that the members ~ of the Commission shall have a copy at least three days prior to the meeting concerned. 2. The agenda shall consist of the following order of business: a. Call to Order b. Roll Call c. Approval of Minutes d. Approval of Agenda e. Public Hearings f. Unfinished Business g. New Business h. Visitor Presentations i. Commission Presentations j. Staff Presentations k. Adjournment 3. No item which is not on the agenda shall be considered by the Commission. H. Except as herein provided, Robert's Rules of Order, Revised and Robert's Parliamentary Law shall be accepted as the authority on parliamentary practice. I. Amendments to the comprehensive plan shall require that the Planning Commission follow the same procedure for hearings and notices as required by State law for zoning ordinances. J. APPOINTMENTS Appointments to the Planning Commission shall be made by the City Council, after a recommendation from the Planning Commission. The Planning Commission shall interview all candidates after a vacancy is advertised in the official newspaper and recommend three candidates to the City Council. Selection of the candidates shall be done by a written ballot. Each commissioner shall vote for not more than three candidates, listing them in order of preference, and sign his or her ballot. The hairperson ..........n shall announce the vote of C each member and tally the votes, giving three points .to a first choice, two points to a second choice, and one point to a third choice. The names of the three candidates with the highest total votes shall be submitted to the Council, in order of total votes. The Commission shall make its recommendation based on qualifications and a representative geographical distribution of members. K. AMENDMENT Lo 1. Any of these ~ rules may be temporarily suspended by the vote of two-thirds majodty of the members present. 2. These Rules of Procedure may be amended at any regular meeting of the Commission by a majority vote of the entire membership and submitted to the City Council for approval. These "Rules of Procedure" shall be reviewed by the Planning Commission at the first meeting of each year. P:/office/pcrules TO: FROM: SUBJECT: DATE: MEMORANDUM City Manager Ken Roberts, Associate Planner Planning Commission Elections October 24, 1996 INTRODUCTION The planning commission's rules of procedure say that the commission will elect a chairperson and vice-chairperson at the second meeting of each calendar year. There is not a current chairperson since Les Axdahl resigned. The current vice-chairperson is Lorraine Fischer. DISCUSSION With Mr. Axdahl's resignation from the planning commission, the commission should now elect a new chairperson and vice chairperson. The commission should have the election now rather than waiting until January to have the election. RECOMMENDATIONS 1. Temporarily suspend the rules of procedure about the election of officers. 2. Elect a chairperson and vice-chairperson to serve through January 1998. kr/p/misc/pcelectn.mem