HomeMy WebLinkAbout04-27-2009A.
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MINUTES
MAPLEWOOD CITY COUNCIL
6:30 p.m., Monday, April 27, 2009
Council Chambers, City Hall
Meeting No. 09-09
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 6:30 p.m. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
John Nephew, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF AGENDA
Councilmember Juenemann requested the addition of H2. Dispatch Policy
Mayor Longrie requested the addition of H3. Reminder of Citizens Forum May 2, 2009, from
10 a.m. — 12 noon.
Councilmember Nephew moved to approve the agenda as amended.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
APPROVAL OF MINUTES
Approval of the April 6, 2009, City Council Workshop Minutes.
Councilmember Nephew moved to approve the April 6, 2009, City Council Workshop Minutes as
submitted.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
April 27, 2009
City Council Meeting Minutes
1
Approval of the April 13, 2009, City Council Meeting Minutes.
Mayor Longrie had the following corrections:
On page 4 of the minutes, item J., number 10. capitalize New.
On page 7, number 3., first line, insert the word DVD before March 9, 2009, and after the word
council meeting insert the words: AND HAD THE FOLLOWING TO REPORT FROM THAT
MEETING:
Then in the same paragraph, fifth line, after the word report, insert the words to the council.
In the next paragraph change the word up to down. In the next sentence after the word state
funding insert should also be added to the report.
Page 8, 2nd paragraph, the first line should read: Then Mayor Longrie said she then went back.
Third paragraph, the wrong date is reflected, it should read March 23, 2009,
Then in the fifth line, after Kantrud. it should read also ironic is the council had a meeting on
March 9, 2009, and was wonderjag what the status was of Copar when aeon March 4, 2009,
when there was a sheriff sale on and the completeq ar property .
Seventh line after the word asked insert staff. In the eleventh line after the word than insert her.
Mayor Longrie requested that the last paragraph be clarified to read Mayor Lon_grie said the
developer warranties have been breached whether or not CoPar has the legal capacity or
authority to enter or perform their obligations. Mayor Lon_grie read from the developers
agreement regarding default. It's in breach of payment of its molt_ -ges. The receivership
documents are filed in Hennepin County.
Mayor Longrie had a correction on page 9 of the minutes that Mayor Longrie had offered a
friendly amendment to require a permanent protection covenant be placed on the land as a
requirement of receiving the state funds. The friendly amendment failed and she would like that
reflected.
Councilmember Nephew said he felt Mayor Longrie's comments were too lengthy in the packet.
He stated the minutes should reflect the motion and not a councilmember's comments.
Councilmember Nephew also felt Peter Fischer's comments made during visitor presentations
were too lengthy and that in both areas the comments should be reduced significantly.
Councilmember Nephew stated if someone wanted to know what was said during the meeting
they can watch and hear it on the DVD.
Mayor Longrie stated the comments were lengthy because she had requested that her comments
be made public for the record. She also felt that Peter Fischer's comments were made part of the
record because it was an important discussion item. Mayor Longrie had elaborated on Peter
Fischer's comments later on in the meeting during the CoPar and Fish Creek discussion.
Councilmember Nephew stated he wanted his comments reflected for the record regarding the
length of Mayor Longrie and Peter Fischer's comments.
Councilmember Juenemann had corrections on page 2 of the minutes, number 2, third line, the
word city's should be cities. Also on page 8 at the bottom of the page, number 2, the address is
incorrect and should be 673 Dorland Road not 673 New Century Boulevard.
Mayor Longrie moved to approve the April 13, 2009, City Council Meeting Minutes as amended.
April 27, 2009 2
City Council Meeting Minutes
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
F. VISITOR PRESENTATIONS — PART I
Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick discussed the length of the
comments that were made in the city council meeting minutes. He also commented on
legal cases that had occurred in the City of Maplewood that were both appealed and not
appealed. He asked City Manager, Jim Antonen to provide further information regarding
the legal case between the League of Minnesota Cities and Patty Gearin, owner of Wipers
Recycling in Maplewood and the City of Maplewood. Mr. Zick made various comments
regarding articles that were printed in The Citizens Reporter.
2. Joan Strobel, 2380 Oakridge Drive, Maplewood. Ms. Strobel discussed the number of
homes that had been foreclosed and her concerns about the negative affect that has on
the neighborhood. Ms. Strobel requested that the city council consider taking some type of
action on a possible timeline sale or some other idea for bank -owned vacant properties
that have been vacant long term.
3. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. Mr. Schriener spoke about the
CUP that was issued in 2001 for the Beaver Creek neighborhood and why the developer
has not been required to take care of his responsibilities regarding the conditions in the
CUP for this property.
4. David Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling spoke regarding water
restrictions and about a study regarding water risk in ethanol, and road salt that affects the
wetlands.
5. Sharon Sandeen, 1748 Gulden Place, Maplewood. Ms. Sandeen provided a
memorandum and petition of signatures for the permanent record regarding the Proposed
Wetland Ordinance.
G. ADMINISTRATIVE PRESENTATIONS (moved to the end of the meeting due to time
constraints)
1. Report on Financial Status of CoPar, Inc. Relating to Development Agreement
a. Assistant City Manager, Public Works Director, Chuck AN gave the report and
answered questions of the council.
b. City Attorney, Alan Kantrud answered questions of the council.
Councilmember Nephew moved to direct staff to engage in negotiations aimed at extending the
option on the referendum lots past the deadline of June 30, 2009.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
2. Presentation of Eureka Recycling's Year -End and 2009 Work Reports
a. Community Development and Parks Director, DuWayne Konewko, gave the
report.
April 27, 2009 3
City Council Meeting Minutes
Councilmember Nephew moved to accept the Eureka Recycling's Year -End and 2009 Work
Reports.
Seconded by Councilmember Juenemann.
The motion passed.
Councilmember Nephew moved to extend the curfew to
Seconded by Councilmember Rossbach.
The motion passed.
Ayes — All
lete aaenda items G3 and H1.
Ayes — Mayor Longrie,
Councilmembers Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
3. Rice Street/TH 36 Interchange, Project 09-07, Project Update
a. Assistant City Manager, Public Works Director, Chuck Ahl gave the report.
H. COUNCIL PRESENTATIONS
1. Silver Star Banner Day City Proclamation Honoring the Sacrifice of the Men and
Women in the Armed Forces
a. City Manager, Jim Antonen gave the report.
b. City Clerk, Director Citizen Services addressed the council.
Mayor Longrie moved to approve the Silver Star Banner Day Proclamation Honoring the Sacrifice
of the Men and Women in the Armed Forces.
Silver Star Banner Day CITY Proclamation 2009
WHEREAS, the City of Maplewood, Minnesota has always honored the sacrifice of the
men and women in the Armed Forces and
WHEREAS, The Silver Star Families of America was formed to make sure we remember
the blood sacrifice of our wounded and ill by designing and manufacturing a Silver Star
Banner and Flag and
WHEREAS, to date The Silver Star Families of America has freely given thousands of
Silver Star Banners to the wounded and their families, and
WHEREAS, the members of The Silver Star Families of America have worked tirelessly
to provide the wounded of this City and Country with Silver Star Banners, Flags and care
packages, and
WHEREAS, The Silver Star Families of America's sole mission is that every time
someone sees a Silver Star Banner in a window or a Silver Star Flag flying, that people
remember the sacrificed for this City, State and Nation and
April 27, 2009
City Council Meeting Minutes
0
WHEREAS, the people and the City Council of the City of Maplewood wish that the
sacrifice of so many in our Armed Forces never be forgotten
NOW THEREFORE, I, Diana Longrie, MAYOR OF THE CITY OF MAPLEWOOD do
hereby proclaim
Our appreciation of The Silver Star Families of America and honor their commitment to
our wounded Armed Forces members. I hereby declare May 1st "SILVER STAR
BANNER DAY' the permanent and official day to honor the wounded and ill Soldiers of
the City of Maplewood.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the
Seal of the City of Maplewood in the State of Minnesota this day of April 13th in the year
2009.
Mayor, Diana Longrie
Attest: Karen Guilfoile, City Clerk
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
APPOINTMENTS AND PRESENTATIONS
Reinstatement of the Human Relations Commission — Councilmember Nephew
a. Councilmember Nephew introduced Mr. James Llanas regarding the possibility to
reopen the Human Relations Commission.
b. City Clerk, Director Citizen Services, Karen Guilfoile addressed the council.
1. James Llanas, 2424 Barclay, Maplewood gave an introduction to the
council.
2. Mr. Larry Clark, Dakota County Prosecutor, from Red Wing, addressed the
council.
J. PUBLIC HEARINGS
1. Wetland Ordinance Amendments — Second Reading — CANCELED
2. Century Avenue Improvements, Project 03-15
a. Assessment Hearing, 7:00 p.m.
b. Approve Resolution for Adoption of Assessment Roll
a. City Engineer, Michael Thompson gave the report.
b. City Attorney, Alan Kantrud answered questions of the council.
C. Assistant City Manager, Public Works Director, Chuck AN answered
questions of the council.
Mayor Longrie opened the public hearing.
Sean Kiger, Representing Hogda, LLC, 9 Century Avenue North, Maplewood.
(Objected to the assessment)
April 27, 2009 5
City Council Meeting Minutes
2. Shalisha Tally, 921 Selby Avenue, St. Paul Park. Representing Speedy Super America.
(Objected to the assessment)
Mayor Longrie closed the public hearing.
Councilmember Nephew moved to approve the Assessment Roll for the Century Avenue
Improvement Project, City Project 03-15, less all objections received as noted within this report
and objections received at the assessment hearing.
RESOLUTION 09-04-161
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on March 23 d, 2009, calling for
a Public Hearing, the assessment roll for the Century Avenue Improvements, City Project 03-15, was
presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the following property owners have filed objections to their assessments according to
the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. Richard Luhrs and Sean Kiger, 9 Century Avenue North, Hogda, LLC (PIN 012822140005)
2. Shalisha Tally, 11 Century Avenue South, Speedway SuperAmerica LLC, (PIN 012822410014)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
That the City Engineer and City Clerk are hereby instructed to review the objections received, as
noted above, along with any and all objections filed at the Assessment Hearing, and report to the
City Council at the regular meeting on May 11th, 2009, as to their recommendations for
adjustments. The City Engineer and City Clerk are hereby instructed to delay all assessments
proposed for the above objections thereof and shall be included in the final recommendations of
the City Engineer on May 11th, 2009.
2. The assessment roll for the Century Avenue Improvements as amended, without those property
owners' assessments that have filed objections, a copy of which is attached hereto and made a
part hereof, is hereby adopted. Said assessment roll 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.
3. Such assessments shall be payable in equal annual installments extending over a period of 15
years for residential properties and 8 years for commercial properties; the first installments to be
payable on or before the first Monday in January 2010 and shall bear interest at the rate of 6.0
percent per annum for 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, 2009. To each subsequent installment when due shall be added interest for one
year on all unpaid installments.
4. The owner of any property so assessed may, at any time prior to certification of the assessment
to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on such
property, with interest accrued to the date of the payment, to the city clerk, except that no interest
shall be charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and they may, at any time after October 1, 2009, pay to the county auditor the entire
amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before October 15 or interest will be
charged through December 31 of the next succeeding year.
April 27, 2009 6
City Council Meeting Minutes
5. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than November
1, 2009, transmit a certified duplicate of this assessment to the county auditor to be extended on
the property tax lists of the county. Such assessments shall be collected and paid over the same
manner as other municipal taxes.
Adopted by the council on this 27th day of April 2009.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed
K. UNFINISHED BUSINESS
1. Fish Creek Timeline Report
a. DuWayne Konewko, Community Development and Parks Director gave the report
and answered questions of the council.
Councilmember Rossbach moved to approve that the city council give direction and support to
the creation of the Fish Creek Greenway Corridor commission which is an ad-hoc commission the
staff will bring back a proposal for the council consideration.
Seconded by Mayor Longrie. Ayes - All
The motion passed.
The city council took a 5 -minute recess.
The city council reconvened.
L. NEW BUSINESS
Citizen Request for Change of City Code Section 2-5. Disposal of Public Real
Property.
a. City Manager, James Antonen gave the report.
b. City Attorney, Alan Kantrud answered questions of the council.
2. Review of KSTP Radio Tower Inspection Report
a. Assistant City Manager, Public Works Director, Chuck Ahl gave the report.
b. City Attorney, Alan Kantrud answered questions of the council.
C. City Clerk, Director Citizen Services, Karen Guilfoile answered questions of the
council.
1. Ralph Sletten, 2747 Clarence Street North, Maplewood.
2. Elizabeth Sletten, 2747 Clarence Street North, Maplewood.
Mr. Sletten stated that he wanted his comments stated for the record that saturated and
submerged soils are not to be considered normal soil. Mr. Sletten said at the time that the KSTP
towers were built, the soil conditions were normal.
April 27, 2009 7
City Council Meeting Minutes
Councilmember Nephew moved to table this until the city hears from the F.C.C. or the F.A.A. or
other regulatory authority informing the city that there is a problem that could call into question the
CUP and that the city be provided with a copy of the CUP by email that staff locate that and
provide it to Ms. Sletten.
Seconded by Councilmember Juenemann. Ayes — All
The motion to table passed.
M. CONSENT AGENDA
1. Councilmember Nephew moved to approve items 1, 4, 5, 7, 9-13, 16-19, and 22.
Seconded by Councilmember Hjelle.
The motion passed.
2. Councilmember Nephew moved to approve item 2.
Seconded by Councilmember Juenemann.
The motion passed.
3. Mayor Longrie moved to approve item 3.
Seconded by Councilmember Juenemann.
Ayes — Al I
Ayes — Al I
Ayes — Councilmembers Hjelle,
Juenemann, Nephew
& Rossbach
Nay — Mayor Longrie
The motion passed.
4. Councilmember Juenemann moved to approve item 6.
Seconded by Councilmember Rossbach.
The motion passed.
5. Councilmember Hjelle moved to table item 8.
Seconded by Councilmember Nephew.
The motion passed.
6. Mayor Longrie moved to approve item 14.
April 27, 2009
City Council Meeting Minutes
Ayes — Councilmembers Juenemann,
Rossbach & Nephew
Nays — Mayor Longrie
Councilmember Hjelle
Ayes — Al I
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
7. Councilmember Hjelle moved to approve item 15.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
8. Councilmember Hjelle moved to approve item 20.
Seconded by Mayor Longrie. Ayes — All
The motion passed.
9. Councilmember Nephew moved to approve item 21.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed
1. Approval of Claims
Payroll Checks and Direct Deposits dated 04/17/09
Councilmember Nephew moved Approval of Claims.
ACCOUNTS PAYABLE:
$ 285,337.46
Checks # 78131 thru # 78190
Total Payroll
Dated 04/06/09 thru 04/14/09
$ 335,384.79
Disbursements via debits to checking account
Dated 04/03/09 thru 04/10/08
$ 197,298.56
Checks # 78191 thru # 78230
Dated 04/14/09 thru 04/21/09
$ 157,652.00
Disbursements via debits to checking account
Dated 04/10/09 thru 04/17/09
$ 975,672.81
Total Accounts Payable
PAYROLL
$ 577,328.35
Payroll Checks and Direct Deposits dated 04/17/09
$ 2,606.16
Payroll Deduction check #1007111 thru #1007112
Dated 04/18/09
$ 579,934.51
Total Payroll
$ 1,555,607.32
GRAND TOTAL
April 27, 2009 9
City Council Meeting Minutes
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
2. Councilmember Nephew moved to approve the resolutions for the Carsqrove Meadows Area
Street Improvements, Project 08-10: Approving Plans and Advertising for Bids and Ordering the
Preparation of the Assessment Roll.
RESOLUTION 09-04-162
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on January 26th, 2009, plans and
specifications for Carsgrove Meadows Area Street Improvements, Project 08-10, have been prepared by
(or under the direction of) the city engineer, who has presented such plans and specifications to the
council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and made a part
hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall be published twice, at least twenty-one days
before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly
opened and considered by the council at 10:00 a.m. on the 22nd day of May, 2009, at the city hall and
that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified
check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such
bid.
3. The city clerk and city engineer are hereby authorized and instructed to receive, open,
and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The
council will consider the bids, and the award of a contract, at the regular city council meeting of May 28tH
2009.
RESOLUTION 09-04-163
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the Carsgrove Meadows
Area Street Improvements, City Project 08-10.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel of land
abutting on the streets affected, without regard to cash valuation, as provided by law, and they
shall file a copy of such proposed assessment in the city office for inspection.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the
council thereof.
April 27, 2009 10
City Council Meeting Minutes
Seconded by Councilmember Juenemann. Ayes - All
The motion passed.
3. Mayor Longrie moved to approve the resolutions for the County Road D Street Improvements,
City Project 08-20: Approving Plans and Advertisement for Bids and Ordering the Preparation of
the Assessment Roll.
RESOLUTION 09-04-164
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on March 9, 2009, plans and
specifications for the County Road D Improvements (McKnight to Lydia), City Project 08-20, have been
prepared by (or under the direction of) the city engineer, who has presented such plans and
specifications to the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and made a part
hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall be published twice, at least twenty-one days
before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly
opened and considered by the council at 10:00 a.m. on the 29th day of May, 2009, at city hall and that
no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check
or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid.
4. The city clerk and city engineer are hereby authorized and instructed to receive, open,
and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The
council will consider the bids, and the award of a contract, at the regular city council meeting of June 8,
2009.
RESOLUTION 09-04-165
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the County Road D Improvements
(McKnight to Lydia), City Project 08-20,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel of land abutting
on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of
such proposed assessment in the city office for inspection.
thereof.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the council
April 27, 2009 11
City Council Meeting Minutes
Seconded by Councilmember Juenemann.
The motion passed.
Ayes — Councilmembers Hjelle,
Juenemann, Nephew
& Rossbach
Nay — Mayor Longrie
4. Councilmember Nephew moved to approve the Agreement between the City of Maplewood and
the Citv of Mahtomedi for lifeauard services.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — All
5. Councilmember Nephew moved to approve the Agreement between the City of Maplewood and
the Town of White Bear Lake for lifeguard services.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — Al I
6. Councilmember Juenemann moved to approve the Conditional Use Permit (CUP) for the
Mapletree Group Home at 2831 Southlawn Drive again if the applicant proposes to make
changes to their CUP, if a problem arises or immediately if there are two criminal offenses related
to the facilitv or to its residents.
Seconded by Councilmember Rossbach.
The motion passed.
Ayes — Councilmembers Juenemann,
Nephew & Rossbach
Nays — Mayor Longrie,
Councilmember Hjelle.
7. Councilmember Nephew moved to approve the Conditional Use Permit for the Ramsey County
Correctional Facility, located at 297 Century Avenue South, to be reviewed again in one year.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — Al I
8. Councilmember Hjelle moved to table the Conditional Use Permit for the planned unit
development for the Beaver Lake Town Houses at Maryland Avenue at Lakewood Drive in order
for staff to bring further information back to the council.
Seconded by Councilmember Nephew. Ayes - All
The motion to table passed.
April 27, 2009 12
City Council Meeting Minutes
9. Councilmember Nephew moved to approve the maintenance agreement with Ramsey County for
the traffic control signals located at the intersection of Lakewood Drive Maryland Avenue, and
direct the mayor and city manager to sign the agreement signifying city council approval. Minor
revisions as approved by the City Attorney as needed for the agreement.
AGREEMENT FOR MAINTENANCE
OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM
AGREEMENT NO. PW2008-23
THIS AGREEMENT is, between the County of Ramsey, ("County"), and the City of Maplewood
("City"), for the maintenance of a traffic control signal system with streetlights, signs, interconnect, and
emergency vehicle pre-emption at the intersection of Lakewood Drive (CSAH 68) and Maryland Avenue
(CSAH 31);
WHEREAS, Ramsey County and Maplewood have determined that there is justification and it is in
the public's best interest to construct a traffic control signal with streetlights at Lakewood Drive (CSAH
68) and Maryland Avenue (CSAH 31);
WHEREAS, Maplewood requests and Ramsey County agrees to provide an Emergency Vehicle
Pre-emption System, hereinafter referred to as the "EVP System" as a part of said traffic control signals
with street lights in accordance with the terms and conditions hereinafter set forth; and
WHEREAS, Ramsey County will be responsible for construction of the traffic control signals with
street lights, signs, and emergency vehicle pre-emption at it's cost and expense, and
WHEREAS, Ramsey County and Maplewood will participate in the maintenance and operation of
said traffic control signals with street lights, signs and EVP system as hereinafter set forth; and
NOW, THEREFORE, IT IS AGREED:
1. The County shall install or cause the installation of said traffic control signal with streetlights,
signs, interconnect and EVP system in accordance with the plans and specifications for Lakewood Drive
and Maryland Avenue at its cost and expense.
2. The City shall install or cause the installation of an adequate electric power supply to the service
pad including any necessary extensions of power lines at Lakewood Drive and Maryland Avenue.
3. Upon completion of the traffic control signals with streetlights, signs, and EVP system.
Necessary electrical power for their operation shall be at the cost and expense of the City. In accordance
with the Policy for lighting Ramsey County Roadways, Ramsey County Board Resolution 78-1394, The
City shall perform street light maintenance and pay energy costs of the integral streetlights.
4. The County shall maintain and keep in repair all signs associated with the traffic signal at its cost
and expense.
5. The County shall maintain and keep in repair the traffic control signal including relamping and
cleaning at its cost and expense. The City will be responsible for painting the traffic control signal at its
cost and expense.
6. The County shall maintain and keep in repair the geometrics on County owned roadways at its
cost and expense.
7. All timing and related adjustments of the traffic control signal shall be determined by the County
through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of
the County.
April 27, 2009 13
City Council Meeting Minutes
8. The EVP system shall be operated, maintained, revised or removed in accordance with the
following conditions and requirements:
a) All modifications, revisions and maintenance of the EVP System considered necessary or
desirable for any reason, shall be done by the County's forces, or, upon concurrence in
writing by the County's Traffic Engineer, may be done by others all at the cost and expense of
the City.
b) Emitter units may be installed and used only on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03.
c) The City shall maintain and require others using the EVP System to maintain a log showing
the date, time and type of emergency for each time the traffic signal covered hereby is
actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported
to the County immediately.
d) All maintenance of the EVP System shall be performed by the County. The City shall be
responsible for actual cost thereof. The County shall submit an invoice to the City annually,
listing all labor, equipment, materials and overhead used to maintain the EVP System. Labor
cost and overhead and equipment costs will be at the established rates paid by Ramsey
County at the time the work is performed, and material costs will be invoiced at the actual cost
thereof to Ramsey County. The City shall promptly pay Ramsey County the full amount due.
e) In the event said EVP System or components are, in the opinion of the County, being
misused or the conditions set forth in Paragraph b above are violated, and such misuse or
violation continues after receipt by said party of written notice thereof from the County, the
EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components
shall become the property of the County. All infrared detector heads and indicator lamps
mounted external to the traffic signal cabinet will be returned to the appropriate party. The
detector receiver and any other assembly located in the control signal cabinet, which if
removed will not affect the traffic control signal operation, will be returned to the City.
f) All timing of said EVP System shall be determined by the County, through its Traffic Engineer.
g) Except for the negligent acts of the County, its agents, and employees, the City shall
indemnify, defend, and hold the County harmless against any and all liability, losses, costs,
damages, expenses, claims, or actions, including attorney's fees, which the County, its
officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out
of or by reason of the use or operation of the EVP. Nothing in this Agreement shall constitute
a waiver by the City or the County of any statutory or common law immunities, limits, or
exceptions on liability.
9. Any and all persons engaged in the maintenance work to performed by the County shall not be
considered employees of the City, and any and all claims that may arise under the Worker's
Compensation Act of this State on behalf of those employees so engaged, and any and all claims made
by any third party as a consequence of any negligent act or omission on the part of those employees so
engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City.
10. The City and the County shall indemnify, defend and hold each other harmless against any and
all liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees, which the
indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay,
arising out of or by reason of any act or omission of the indemnifying party, its officials, agents or
employees, in the execution, performance, or failure to adequately perform the indemnifying party's
obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the County
or the City of any statutory or common law immunities, limits, or exceptions on liability.
April 27, 2009 14
City Council Meeting Minutes
11. NOTICES
All notices or demands given or required to be given hereunder shall be in writing and shall be sent by
certified or registered mail, return receipt requested, postage prepaid, addressed to the intended
recipient's address or addresses below set forth or at such other address or addresses as the intended
recipient may have theretofore specified in a written notice to sender given in accordance with the
requirements of this paragraph. Any such notice so given shall be deemed given on the day of deposit in
the United States mail, and if sent as aforesaid shall be effective whether or not received by the
addressee.
For City:
Public Works Director
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
For County:
Director of Public Works and County Engineer
Ramsey County
Department of Public Works
1425 Paul Kirkwold Dr.
Arden Hills, MN 55112
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures.
CITY OF MAPLEWOOD, MINNESOTA
In presence of
Recommended for approval:
Kenneth G. Haider, P.E.
Director and County Engineer,
Ramsey County
Public Works Department
Approved as to Form:
Assistant Ramsey County Attorney
Date:
Seconded by Councilmember Hjelle.
The motion passed.
By:
Its:
By:
Its:
Date:
COUNTY OF RAMSEY
By:
Chairperson
Board of Ramsey County Commissioners
Attest:
By:
Chief Clerk — Ramsey County Board
Date:
April 27, 2009
City Council Meeting Minutes
Ayes — Al I
15
10. Councilmember Nephew moved to approve the city council authorize the street superintendent to
purchase the bituminous materials as needed for the 2009 season up to $40,000.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — All
11. Councilmember Nephew moved to approve the city council authorize Ramsey County to perform
city pavement striping needs during the 2009 season, at a cost not to exceed $25,000.00.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — Al I
12. Councilmember Nephew moved to approve that the city council authorize the purchase of de-
icing salt under salt contract; 140 tons at the 2008-2009 contract price of $49.91 and 460 tons at
the 2009-2010 contract price, which will be determined at a later date as part of the state
purchasing venture contract.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — Al I
13. Councilmember Nephew moved to approve the extension of the Traffic and Lighting
Infrastructure Maintenance Agreement between the Cities of Saint Paul and Maplewood to Ma
11, 2011.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — Al I
14. Mayor Longrie moved to approve the N.E.S.T. Commission's request for a contribution of
$32,780 to support the N.E.S.T. "Dial -a -ride" service to the residents of Maplewood.
Seconded by Councilmember Nephew. Ayes - All
The motion passed.
15. Councilmember Hjelle moved to approve the funds to purchase 60 Glock handguns from
Streicher's for $434 per gun with a trade-in allowance of $260 for each of the current handguns.
With the trade-in allowance, the 60 new Glock handguns would have a total cost of $10,440,
compared to the estimated cost of $9,300 to update the current supply of handguns.
Seconded by Councilmember Nephew. Ayes - All
The motion passed.
16. Councilmember Nephew moved to approve the 2008 Planning Commission Annual Report.
Seconded by Councilmember Hjelle. Ayes - All
The motion passed.
April 27, 2009 16
City Council Meeting Minutes
17. Councilmember Nephew moved to approve the 2008 Parks and Recreation Commission Annual
Report.
Seconded by Councilmember Hjelle. Ayes - All
The motion passed.
18. Councilmember Nephew moved to approve the 2008 Historical Preservation Commission Annual
Report.
Seconded by Councilmember Hjelle. Ayes - All
The motion passed.
19. Councilmember Nephew moved to approve the official proclamation designating May 3 — 9, 2009,
as Building Safety Week 2009.
PROCLAMATION
BUILDING SAFETY WEEK 2009
MAY 3-9
Whereas, through our State's continuing efforts to address the critical issues of safety, energy efficiency
and sustainability in the built environment that affect our citizens, both in everyday life and in times of
natural disaster, give us confidence that our structures are safe and sound, and;
Whereas, our confidence is achieved through the devotion of vigilant guardians — building safety and fire
prevention officials, architects, engineers, builders, laborers, and others in the construction industry —
who work year-round to ensure the safe construction of buildings and;
Whereas, these guardians — dedicated members of the International Code Council - develop and
implement the highest -quality codes to protect Americans in the buildings where we live, learn, work and
play, and;
Whereas, the International Codes, the most widely adopted building safety, energy and fire prevention
codes in the nation, are used by most U.S. cities, counties and states; these modern, building codes also
include safeguards to protect the public from natural disasters such as hurricanes, snowstorms,
tornadoes, wildfires and earthquakes; and;
Whereas, Building Safety Week is sponsored by the International Code Council and International Code
Council Foundation, to remind the public about the critical role of our communities' largely unknown
guardians of public safety — our local code officials — who assure us of safe, efficient and livable
buildings, and;
Whereas, "Building Safety: Where You Live, Work and Play," the theme for Building Safety Week 2009,
encourages all Americans to raise awareness of the importance of building safety; green and
sustainable buildings; pool, spa and hot tub safety; and new technologies in the construction industry.
Building Safety Week 2009 encourages appropriate steps everyone can take to ensure that the places
where we live, learn, work, and play are safe and sustainable, and recognizes that countless lives have
been saved due to the implementation of safety codes by local and state agencies.
Whereas, each year, in observance of Building Safety Week, Americans are asked to consider projects
to improve building safety and sustainability at home and in the community, and to acknowledge the
April 27, 2009 17
City Council Meeting Minutes
services provided to all of us by local and state building departments and federal agencies in protecting
lives and property.
Now, therefore, it is hereby proclaimed that May 3 through May 9, 2009, is Building Safety Week in the
City of Maplewood. Accordingly, our citizens are encouraged to join their community in participating in
Building Safety Week activities and assisting efforts to improve building safety.
Diana Longrie, Mayor
Adopted this 28th Day of April 2009
Karen Guilfoile, City Clerk
Seconded by Councilmember Hjelle. Ayes - All
The motion passed.
20. Councilmember Hjelle moved to approve resolution adopting No Parking restrictions on the west
side of Prosperity Avenue from Frost Avenue to the north entrance of the Wakefield Park parkin(
lot.
RESOLUTION 09-04-166
PROSPERITY AVENUE - NO PARKING
WHEREAS, the Parks and Recreation Division schedules adult softball league games at
Wakefield Park, and
WHEREAS, private lawns have been damaged by softball players making u -turns, and
WHEREAS, alternative parking lots and spaces are available to players.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban
the parking of motor vehicles on the west side of Prosperity Avenue from Frost Avenue to the
north entrance of the Wakefield Park parking lot.
Adopted this 27th day of April, 2009
Mayor City Clerk
Seconded by Mayor Longrie. Ayes - All
The motion passed.
21. Councilmember Nephew moved to approve the lease extension agreement with Gethsemane
Church in the amount of $2.200 a month for the period from Mav 1. 2009. throuah April 30. 2010
with the following provision: "The $2,200 per month lease payment ($26,400 total) will be
credited back to the City as an offset against the purchase price of the proposed park land". The
$8,800 the city has previously paid to Gethsemane Church, per signed agreement, will also be
credited back towards the purchase price.
April 27, 2009 18
City Council Meeting Minutes
ADDENDUM #2: GETHSEMANE CHURCH LEASE AGREEMENT EXTENSION BEGINNING MAY 1,
2009 AND ENDING ON APRIL 30, 2010
The provisions within the existing executed lease agreement, authorized by City Council at the April 27,
2009 City Council, will be in force with the following two exceptions:
Item 1. Term of Lease. The Lease shall start on May 1, 2009 and continue to April 30, 2010.
Item 2. Rent. Tenant shall pay rent to Landlord in the amount of $2,200 a month for the lease period that
runs from May 1, 2009 through April 30, 2010. In addition, the $2,200 per month lease payment shall be
credited back to the City as an offset against the purchase price of the proposed park land. If an
agreement is not reached between the two parties regarding the purchase of the park land, this offset
provision would be nullified.
15. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be
given or served by either party to or on the other party, such notice or demand shall be delivered
personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such
notice or demand shall be deemed timely given when delivered personally or when deposited in the mail
in accordance with the above. The addresses of the parties hereto for such mail purposes are as
follows, until written notice of such address has been given:
As to the City: City of Maplewood
1830 County Road B East
Maplewood, MN 55109
As to the Landowner: Gethsemane Lutheran Church
Mr. Douglas A. Angerer
Congregation President
2410 Stillwater Road
Maplewood, MN 55119
April 27, 2009 19
City Council Meeting Minutes
IN WITNESS WHEREOF, Landlord and Tenant have signed this Addendum to the Lease
Agreement between Gethsemane Church and the City of Maplewood.
GETHSEMANE LUTHERAN CHURCH
By:
Congregational President
THE CITY OF MAPLEWOOD
By:
Diana Longrie, Mayor
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
And
By:
James W. Antonen, City Manager,
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
And
By:
Alan Kantrud, City Attorney,
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
By:
Karen Guilfoile, City Clerk
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
Seconded by Councilmember Hjelle. Ayes - All
The motion passed.
April 27, 2009 20
City Council Meeting Minutes
22. Councilmember Nephew moved to approve changing the City Council meeting date from
Monday, May 25, 2009, to Thursday, May 28, 2009, due to the Memorial Day Holiday.
Seconded by Councilmember Hjelle. Ayes - All
The motion passed.
N. AWARD OF BIDS
None.
O. VISITOR PRESENTATIONS — PART II
None.
P. ADJOURNMENT
Mayor Longrie adjourned the meeting at 11:15 p.m.
April 27, 2009 21
City Council Meeting Minutes
Far The Permanent Record
Meeting Date: 4, .27,09r
Agenda Item #: \T%
MEMORANDUM REGARDING POLIC _
To: Maplewood City Council and Staff
From: Sharon Sandeen and the undersigned concerned citizens
Date: March 31, 2009
Re: Proposed Maplewood Ordinance
INTRODUCTION
Recently, the undersigned residents of Maplewood met to discuss the revised draft
Wetlands Ordinance (dated 10-7-08, with the 200 ft. buffer removed). While we
acknowledge that significant changes have been made to the draft Wetlands Ordinance to
address many of the concerns that were previously raised, a number of important issues
remain. Thus, we submit this memorandum to express and explain our continued
opposition to the proposed Wetlands Ordinance.
NOT A "NIMBY" POSITION BUT A PLEA FOR BALANCE
Because the use and enjoyment of many of our backyards will be directly (and we
believe adversely) affected by the revised draft Wetlands Ordinance, we are concerned
that our opposition to the Ordinance will be dismissed as being based on a "not -in -my -
backyard" mentality. However, that sort of mentality is not what is motivating us to
expend scores of hours on this matter. Our primary motivation is an interest in good
public policy and a belief that in drafting the proposed Wetlands Ordinance due
account has not been taken of the previous development and existing uses of private
property in Maplewood.
The Maplewood Environmental Commission did its job. It was charged with
looking at the issue of wetlands protection from an environmental point of view. Thus,
the draft Ordinance can be seen as a recommendation of what needs to be done if the City
of Maplewood wants to focus mainly on environmental protection. Some person or
entity, however, should consider the issue of wetlands protection from a broader point of
view, taking into account all of the interests involved. Based upon how we believe the
City of Maplewood is currently structured this responsibility falls upon the City Council.
Although we are happy that City staff listened to our concerns, we do not sense that they
view their role as advising the City Council about how it might balance competing
interests.
When a governmental body such as the City of Maplewood is structured in a way
that does not naturally result in the consideration of issues from all angles, it is important
for its citizens to speak -up. Thus, our involvement with this issue should not be viewed as
a time-consuming and annoying nuisance, but as a helpful and essential part of the
process of trying to make good policy. If City staff is short-handed in ways that limit its
ability to provide the broader perspective that the City Council needs to make a good
policy decision, then the City Council should be thankful that the citizens of Maplewood
are paying attention.
For reasons that will hopefully become clear in the following explication of our
policy concerns, we believe that the proposed Wetlands Ordinance does not take due
account of. (1) private property already developed for residential living; (2)
wetlands that are part of public waters; and (3) lakes, streams, and wetlands that
(unfortunately) are already used as dumping grounds to storm water run-off.
POLICY CONCERN # 1:
The proposed buffers are too wide.
A review of the history of wetlands protection in the U.S. reveals that the initial
focus of such efforts was on the protection of the wetlands themselves, with the
promotion of "buffer zones" being a more recent development. In this regard, although
there have long been state and federal laws that require the protection of wetlands, there
are no state or federal laws that require the establishment of buffer zones. Indeed,
although various entities of the State of Minnesota have informally promoted the
establishment of buffer zones, for instance with the development of a "Recommended
Wetland Management Classification System" (Table 1.1 thereof), such a system remains
in draft form and there is no record that it has been formally adopted as a state regulation.
Because of the relatively recent promotion of buffer zones as a means of
enhancing the protection of wetlands, no norm has developed concerning the optimal
width of buffer zones. To the contrary, applicable scientific literature and government
policies (including the State of Minnesota's) are consistent in their recognition that the
ideal width of buffer zones depends on a number of factors, not the least of which is the
intended (or zoned for) use of adjacent property.
Despite the relative "newness" of the use and promotion of buffer zones (and the
science associated therewith), two important facts have become clear: (1) if the goal of a
buffer zone is to improve water quality and storm water run-off, then 50 feet is
more than enough; and (2) the purpose of a buffer zone over 50 feet must be for
something other than water quality, most likely for the protection of wildlife habitat.
The "expert" that City staff has repeatedly cited in support of the proposed buffer widths
(Maplewood resident Mark Gerdes) acknowledged in his recent testimony that these two
facts are accurate. From the foregoing, the assertion that some have made that
Maplewood wants wider buffer zones in order to "do more" and show that it is aggressive
when it comes to protecting the environment will not result in any greater protection of
water quality. The important policy issue that this fact raises is whether an interest in
protecting wildlife habitat can be reconciled with decisions that were made long ago (and
that numerous private property owners relied upon) to zone property for the use and
enjoyment of humans.
The current Maplewood Wetlands Ordinance calls for buffer widths of 20, 25 and
50 feet for the top three classifications of wetlands. Thus, it already has a maximum
classification that is consistent with what the scientific literature recommends for water
quality protection with respect to its most valuable wetlands. If the City of Maplewood
keeps its existing buffer widths and simply amends the Wetlands Ordinance to adopt the
RWMWD's wetland classification system, a significant number of wetlands will receive
an upgraded classification that requires property owners to abide by greater buffer
widths. Why is more than this needed, particularly in light of the interests of residential
property owners and the fact that the proposed buffer widths are inconsistent with even
state recommendations? (The Recommended Wetland Management Classification
System, Table 1.1 calls for buffer widths of 50 feet, 35-50 feet, and 25-35 feet
respectively, with up to 100 feet being recommended for wildlife purposes.)
As residents of Maplewood and this planet, the undersigned greatly value both
water quality and wildlife but we note that ultra -wide buffer zones are incompatible with
the development choices that Maplewood already made to allow residential uses of land
that was formerly wildlife habitat. Preserving whatever open space that may exist in the
City of Maplewood for the benefit of wildlife is an admirable goal; trying to turn -back
the clock with respect to already developed property will only serve to put the City of
Maplewood at risk for a takings claim under the U.S. Constitution. (In this regard, just
because the City of Maplewood can state a public purpose for the proposed Ordinance
does not mean that a takings claim will not result.)
Suggested amendments to draft ordinance to better balance the desire to increase buffer
widths with the interests of property owners who own and pay taxes on property that has
been developed for use by humans: keep existing buffer widths, but adopt RWMWD
classification system.
POLICY CONCERN # 2:
Lakes and "stand-alone" wetlands should be treated differently.
Any Minnesotan can testify to the fact that the lakes and streams of Minnesota are
used in many and varied ways and in ways that are different from the use of what are
referred to herein as "stand-alone" wetlands (i.e., wetlands that are not part of "public
waters" as defined by Minnesota law). Whereas wetlands are typically used for passive
viewing or low -impact nature activities, the public waters of the state are used for
boating, fishing (including ice fishing) and other forms of active recreation. It is for this
reason that Minnesota law clearly and repeatedly states that the various water resources
of the state must be treated differently. For instance, a document entitled "Wetlands
Regulation in Minnesota" by the Minnesota Board of Water and Soil Resources states:
In reading Minn. Stat. ch. 103G, it is important to distinguish between
those provisions that refer to "public waters wetlands" which are regulated
as public waters under DNR's public waters permits program and those
provisions that refer to "wetlands" which are regulated under the Wetlands
Conservation Act.
As stated in the RWMWD Watershed Management Plan for 2006-2016, "[t]he RWMWD
manages lakes differently than wetlands, so it is important for the District to distinguish between
the two." We believe that the City of Maplewood should follow the example of the State of
Minnesota and the RWMWD and treat wetlands that are part of public waters differently
from stand-alone wetlands. Fortunately, it already has a vehicle for doing so: the Maplewood
Shoreland Ordinance.
While we acknowledge that the Wetlands Ordinance has been amended to recognize that
the City of Maplewood does not have jurisdiction over the uses of public waters and to include an
exception for activities within the buffer zone that relate to a DNR permit, we do not believe that
the Ordinance takes due account of the various uses of shoreland that are made by those who
want to use and enjoy the lakes and streams of Maplewood. Since the State of Minnesota is
currently in the process of updating its shoreland rules, this is the perfect time for the City of
Maplewood to consider any necessary updates to its existing Shoreland Ordinance to include
provisions regarding wetlands that may be located in shoreland areas. Dealing with uses of land
(including wetlands) adjacent to public waters in the Shoreland Ordinance exclusively, instead of
in both the Shoreland and Wetlands Ordinances, will have the added benefit of preventing
inconsistencies and will make it easier for homeowners who live near lakes and streams to learn
of their land use obligations.
Suggested amendments to draft ordinance to take account of the different uses of
stand-alone wetlands and public waters: exempt wetlands that are part of public
waters (as defined by the State of Minnesota) from the Wetlands Ordinance and
deal with such uses in the Shoreland Ordinance.
POLICY CONCERN # 3:
Bodies of water (such as Wakefield Lake) that are used as a dumping ground for
storm water run-off should not be treated the same as wetlands that are not directly
attached to or significantly impacted by a storm -drainage system.
Everyone involved with water quality issues in and around Maplewood
acknowledge that Wakefield Lake has a pollution problem that is directly caused by the
fact that it is a dumping ground for storm water and, in effect, a holding pond for Phalen
Lake (i.e., the water quality of Phalen Lake has been improved at the expense of
Wakefield Lake). A representative of the RWMWD previously testified that the storm
water loads of Wakefield Lake far exceed acceptable levels for a lake of its size. For this
reason, among others, Wakefield Lake has long been on the State of Minnesota's
impaired waters list (TMDL I.D. #10298) and, as such, is a body of water that is required
to be cleaned -up under the federal Clean Water Act. Despite this sad state of affairs,
nobody is doing anything to fix the problem. (Although according to the State of
Minnesota's recent TMDL inventory, clean-up of Wakefield Lake is supposed to begin in
2009.)
In light of the foregoing, it strains credulity for anyone to suggest that the water
quality of Wakefield Lake will be improved as a result of the proposed Wetlands
Ordinance. All of the property around Wakefield Lake is already developed and,
therefore, there is not a great risk that poor construction practices will occur that result in
soil erosion and infiltration. Nor is there a great risk that the existing homeowners will
modify the existing vegetation that surrounds the lake, particularly since they are
currently subject to state laws governing emergent vegetation in public waters and
Maplewood's existing Shoreland and Wetlands Ordinances. The unreasonableness of the
burden that is being placed on the residents of Wakefield Lake is clearly seen when one
considers whether the restrictions that are being imposed on Wakefield Lake residents
(and any other property owners next to a storm drain fed body of water) could reasonably
be imposed on property owners who live next to said storm drains.
If the City of Maplewood is serious about improving the water quality of
Wakefield Lake then it should do something about the two large storm drainage systems
that currently feed the lake (one that is visible in the south-east corner of the lake and the
submerged pipe in the north-east corner of the lake). Instead of City staff spending their
precious time and energy on drafting and revising a new Wetlands Ordinance, perhaps
they should call the representatives of the State of Minnesota (Brooke Asleson is listed on
the TMDL inventory) and inquire how the City of Maplewood could facilitate the clean-
up of Wakefield Lake. Additionally, they could take greater action to prevent pollutants
from entering the storm drain system that feeds into Wakefield Lake.
Suggested amendments to draft ordinance to account for the fact that Wakefield
Lake is being polluted by a poorly designed storm drain system and not by the activities
of local homeowners: exempt Wakefield Lake from the Wetlands Ordinance until
such time as the noted storm drain problem is resolved.
RESPECTFULLY SUBMITTED BY THE FOLLOWING RESIDENTS OF
MAPLEWOOD, MINNESOTA:
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peedway
ARAMFRICA
STATE OF MINNESOTA
COUNT)'OF RAMSEY
In Re: Proposed Levy of Special
Assessments Against I I Century Avent.te South
St, Paul, MN 55119-4706
For The Permanent Record
Meeting Date:
Agenda Item #: �J2
CITY OF MAPLEWOOD
SECOND JUDICIAL DISTRICT
NOTICE OF OBJECTION TO
PROPOSED ASSESSMENT
TO: THE HONORABLE MAYOR AND MEMBERS OF TME CITY COUNCIL OF
THE CITY OF MAPLEWOOD AND THE MAPLENVOOD CI'T'Y CLERK.
Notice is hereby given that the undersigned, as fee owners of the real property located at
I I Century Avenue South, St. Paul, MN 55119-4706, Parcel Identification No.OI -28224-100-14,
object to the proposed special assessment of their property for alleged improvements to 11
Century Avenue South resulting from City Project # 03-15: Century Avenue Improvements upon
the following grounds:
1. The subject parcel has not derived any special benefit from the alleged
improvements. To the contrary, the property has been substantially damaged and diminished in
market value as a result of the so-called improvements.
2. The City has failed to obtain any before and after market value appraisal to
sustain any assessment against the subject property.
An Equal Opportunity Employer
3. The proposed criteria and method used to determine the assessments upon the
subject property are not proper for the imposition of a special assessment, are not in accord with
the constitutional, statutory or municipal assessment policy requirements, and are, therefore,
arbitrary and capricious, and dais, deprive the undersigned of property without due process of
law, contrary to the requirements of the United States Constitution.
4. The proposed assessment includes costs and contingency factors not authorized
under Chapter 429 and is therefore, void.
429.
S. The proposed assessment is contrary to and violates Minnesota Statutes, Chapter
6. The proposed assessment is arbitrary, capricious, confiscatory and unreasonable.
7. The proposed assessment does not result in any benefit, special or otherwise, to
the subject property.
8. The subject property is not specifically benefited by the improvements.
9. The subject property has not and will not increase in market value as a result of
the improvements.
10. The levying of said assessment constitutes an unconstitutional taking of the
undersigned's property.
11. The public hearing in said assessment was not proper notice in conformity with
Minnesota Statutes 429.061 and 429.081.
12. The subject parcel has been unfairly and unequally assessed in comparison to
other similarly situated properties in violation of state and federal law.
13. The City has failed to assess every assessable lot, piece or parcel of land as
required Minnesota Statues § 429.061.
Dated: April 4``"=Z , 2009.
-3-
Speedway SuperAmerica LLC
By --�� --
Name:
Its:
For The Permanent Record
Meeting Date: T_e7-7 U
Hogda, LLC Agenda Item #:
9 Century Ave. N.
Maplewood, MN 55119
Re: Objection to proposed assessment
To the Honorable Mayor and members of the city counc DLA
It is our understanding that a property assessment is for improvements made to a piece of
property. It is our contention that the "improvements" to our property have devastated
our property and business.
We purchased our property as a gas station with a car wash and 2 bay service center. The
gasoline business drives the car wash and the 2 bay service center. We have enjoyed
over 10 years of profitability at Century Ave. Service. Because of the city/county project
to our property, all of the gasoline pumps, tanks, canopy and signage had to be removed
from our property by September 27th, 2008. With no gasoline business, our car wash has
become worthless. With no gasoline business, we now have no traffic to drive our
service department sales. With no gasoline business, we now have no convenience store
sales. We bought this property as an "impulse stop" piece of property and with the
city/county project it has become a "destination stop" piece of property.
The value of our property has been devastated. Before the city/county project, we could
sell our property and business as a gas station with a car wash and a 2 bay service center.
After the city/county project, two thirds of our business is gone and our service center is
suffering dramatically because of said project.
Century Ave. Service has lost money every month since our gasoline and wash business
was destroyed by the City of Maplewood and Ramsey County. The theory of a special
assessment is that the property has been increased in fair market value. Our property has
substantially diminished in value due to the City of Maplewood & Ramsey County
project.
We believe the assessment is unjust and quite simply not fair. We have incurred many
cost due to this project and ask you the Mayor and City Council to take this in to
consideration.
Thank -you,
Sean Kiger
Richard Luhrs
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LA CRESCENT TOWER SERVICE, INC.
April 14 2009
David A. Jones, Esq.
Vice President & General Counsel
Hubbard Broadcasting, Inc.
3415 University Avenue
St. Paul, MN 55114
Re: February 2009 Maintenance Inspection Report for KSTP-AM-FM Tower
Dear Mr. Jones:
On February 5, 2009, we performed a routine maintenance inspection of the 650'
KSTP-AM-FM tower. Shortly after our inspection, we provided you with a Maintenance
Inspection Report summarizing our review of the tower. This is a brief follow-up to that
Report.
As noted in the Report, the tower is structurally sound and is rated "Good" in all
respects. The Report recommended minor maintenance and repair to the tower. It is our
understanding that the tower owner will be undertaking these maintenance and repair
efforts.
Sincerely,
0,e_ 9,rAA�
Gary De Jarlais
President
La Crescent Tower Service, Inc.
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NT
ORDER D FEDEALEAVOF
IATION ADMINISTRATION TRANSPORTATION
GREAT LAKES REGION
SUBJ: MAINTENANCE OF STRUCTURAL TOWERS AND GUYS
GL 6930.7
1. PURPOSE. This order provides procedures, technical standards and
techniques to guide field personnel in the methods and use of equip-
ment for maintenance of structural towers and related guys.
2. DISTRIBUTION. This order is distributed to the Airway Facilities
Division, Branch level and above, and to all Airway Facilities field
offices.
3. CANCELLATION. Order CE 6930.1 is cancelled.
4. SCOPE. This order is directed toward servicing microwave towers as
most of the FAA tower maintenance work is on these. Much cif tile
material in this order can, however, be applied toward any guyed or
self-supporting tower.
ger 5. BACKGROUND. Definite procedures have not previously been outlined
for maintenance of towers and tower guys. These procedures are
needed to provide the Regional Offices with guidelines for proper
tower maintenance and to provide a uniform tower maintenance program.
6. STANDARDS AND TOLERANCES.
a. Mast Alignment. The top of the mast shall be vertically above
the base within a tolerance of not more than .2% (.002) of the
tower height. The tower legs shall not deviate from the straight
line connecting the top and bottom of the tower by more than
three inches.
b. Bolt Tension. The bolts shall be tensioned as indicated in
Appendix 1, page 1.
c. Guy Cable Tension. The initial (no wind load) guy tensions shall
be maintained within a maximum tolerance of + 300 pounds or ± 7%
(.07) of the specified initial tension, whichever is greater. The
specified initial tensions are shown on the tower erection drawings
and should be available at each site.
Distribution: RAF -3; FAF-O (Normal) Initiated By: AGL- 5
GL 6930.7
20 Feb 73
Cable tensions increase approximately 10 pounds for each degree (F.)
drop in temperature and vice versa. All tension readings should be
corrected to 600F. before comparing them against specified tensions
or previous tensions.
d. Guy Cable Grounds. The guy cable ground resistance shall not
exceed 25 ohms. Experience indicates that ground resistance
increases when the soil is dry. Ground resistance measurements
should be made under extreme conditions to insure that ground
resistance is within tolerances.
7. INSTRUMENTS AND EQUIPMENT FOR TOWER AND GUY ADJUSTMENTS.
a. Cable Tension Indicator. Lever operated shunt type tension indicators
with Federal gauge are on hand in each Region for checking guy
tensions. Calibration graphs are included with each indicator.
b. Transit. A transit is required to check the vertical mast alignment
of the tower.
c. In -Line Tensiometer (Dynamometer). Direct reading in-line gauges
are available in each Region for use in making major guy cable
adjustments and for recalibration of the tension indicators.
c. Working Equipment._ The following working equipment is available in
each Region:
(1) Klein "Chicago" cable grips, 7/16" - 5/8"
(2) Klein "Chicago" cable grips, 3/5"
(3) Coffing chain hoist "come along", 3 ton.
Note: All grips must have bronze lined jaws to prevent damage
to guys.
8. PROCEDURES FOR GUY ADJUSTMENTS.
a. Cable Tension Indicator.
(1) Indicator Use. Refer to Washington Drawing No. D-5559 for the
proper operating procedure of the indicator. The indicator
should be positioned on the cable in a spot where the cable has
not been nicked or deformed. Read the dial indicator and refer
to the conversion graph to obtain the tension in pounds. A
minimum of 3 readings should be taken at different locations on
the cable and an average used. Note subparagraph 6c regarding
correcting readings to 600F. equivalent.
Page 2
M
L'
M
20 Feb 73
b.
GL 6930.7
(2) Indicator Care. The tension indicators are precision
instruments and should be treated with extreme care when
handling and storing. Past experience shows that a spot of
rust or a slight misalignment of the dial micrometer shaft
will give erroneous readings. If inconsistent readings
are obtained, the instrument should be cleaned and a small
amount of light oil placed on the micrometer shaft.
(3)
Recalibration of Indicators
checked for accuracy annual1
in-line gauge. Recalibrate
the coifing chain hoist in
gauge and the cable grip as
releasing the turnbuckle, t
transmitted through the ch
tension with the chain hois
for comparison with the graph.
The to
y by the
on may be
series w
shown o
he entire
ain hoist
t, one
nsion indicators shall be
use of a direct reading
accomplished by attaching
ith the anchor, the in-line
n Drawing No. D-5559• By
tension in the cable is
and gauge. By varying the
may obtain different readings
(4) Calibration Graphs. The calibration graphs included with the
gauges were prepared in the Region using the in-line gauge_
Past experience shows that the instrument must be calibrated
under field conditions to obtain an accurate graph. Graphs
prepared in a laboratory have proven unsatisfactory and it is
therefore impractical to send the instruments to a laboratory
for recalibration. It is suggested, however, that the direct
in-line reading dynamometer used for field calibration of the
shunt dynamometer by laboratory calibrated once a year.
Cable Tensioning.
(1) Procedure. Cable testing and any required retensioning shall
be started with the lowest set of guys first, and then work
progressively upwards toward the top level. Usually the
adjustment can be accomplished through the use of the turn-
buckles. If the turnbuckles will not provide the take-up
distance required, then chain hoists (come alongs) and
suitable cable grips will be required. Retensioning can
usually be best accomplished when all three guys are handled
simultaneously or by carefully working back and forth between guys.
If considerable adjustment is necessary, a chain hoist should
be used in parallel with the turnbuckle to release the
tension and reduce wear on the turnbuckle. Wear on the
turnbuckles will also be reduced by placing a small amount
of oil on the threads.
Page 3
GL 6930.7
20 Feb 73
(2) Weather Conditions. Cable testing shall preferably be accom-
plished when the temperatures range between 500 and 800F. and
winds are under 15 MPH. When necessary to operate in windy
weather, check the same cables in the wind and during lulls or
early morning calms to determine wind effects and adjust opera-
tions accordingly. Cease cable adjustment operations when
consistent results cannot be obtained.
c. Vertical Alignment Check. The tower vertical alignment shall be
checked with a transit from at least two directions 900 apart on
square towers or 1200 apart on triangular towers. Three sitings
should be made on all triangular towers that prove questionable
after siting on 2 corners. On a triangular guyed tower it is best
to set up near an outside guy anchor or farther out to reduce -the
maximum vertical angle. Siting should normally be on 1 leg from a
set-up on a radial through that leg. On some towers the site may be
made on the center of the tower from almost any location.
(1) Procedure. Level the transit, site on the top of the tower,
lock the horizontal plates, recheck to insure the transit is on
target and the plate bubble 90" to the site line is exactly
centered. Then lower the telescope, siting on the tower leg at
least at each guy level and at the bottom, noting the approximate
deviations.
(2) Transit Accuracy Check. Repeat the operation with the transit
reversed plate rotated 180 and the telescope upside down),
plate bubbles recertered, and using the same target at the top.
If the transit is out of adjustment, the site points below the
top with transit direct and reversed will not coincide, but a
point halfway between them will be on the true vertical line
below the top siting point. If the two sitings (direct and re-
versed) coincide, the transit is in good adjustment and only
direct sitings will be satisfactory for the remainder of the day.
(3) Deviations. Based on known dimensions of structural members,
deviations of the tower from plumb may be estimated. Where
deviations are excessive, at least the bottom deviation should
be measured.
9. SERVICE AND INSPECTION SCHEDULES.
a. Field Inspection d Maintenance of all guyed towers shall be per-
formed semi-annually, preferably spring and fall, for the first two
years after erection and annually thereafter or after a severe ice
or windstorm. Appendix 1 provides a list of items to check when
inspecting structural towers and guys.
Page 4
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20 Feb 73
GL 693o.7
b. Bolt Tensions should be checked on all bolts approximately six
months to one year after the tower is erected. This will provide
for tightening any bolts that may have been missed during original
construction or which have loosened by the tower joints flexing
and settling during wind loading. Bolt loosening should not
present a problem after the initial check; however, a visual check
of the bolts should be made during performance of annual field
maintenance. If a re -tamping contract is used on high towers, it
may be desirable to include an item for a one-time complete bolt
tension check, and specify a careful visual inspection for loose
bolts or signs of movement at connections every time the lamps
are serviced.
c. Obstruction Lights. On high towers it may be desirable to contract
for periodic replacement of obstruction lamps at about 80% of
normal lamp life. Such a contract should include inspection and
cleaning of lamp fixtures and glassware.
d. Microwave Reflectors. Carefully inspect the microwave reflector and
i g brackets for loose bolts and rivets and cracked members.
The microwave reflector, framing and bracing members are constructed
from aluminum. Although the tensile strength of the type aluminum
used is quite high, the fatigue factor of the material is relatively
low compared to steel. Wind currents tend to cause the reflectors
and bracing to vibrate at high frequencies which gradually cause
some of the structural members to break. Past experience has
proven the three deformed angles that are welded to the back side
of the reflector framing fail first. These three angles should
be inspected closely for fine line cracks.
e. Experienced Crews. The work should preferably be accomplished
throughout the Region by the same personnel, as a high degree of
skill and care is required. A crew will develop uniform procedures,
accuracy, speed and safety with experience.
10. RECORDS. Appendix 2 (Guyed Tower Cable Tension Report, GL Form 6930-1)
and ndix 3 (Guy Tension Log, GL Form 6930-2) offer a good method
of recording the guy tensions. One completed copy of either Form should
be filed at the facility each time the cable tensions are checked.
ALAN H. GLASS
Chief, Airway Facilities Division
Page 5
A
20 Feb ?3 GL 6930. 7
Appendix 1
APPENDIX 1. BOLT TENSIONS AND REQUIRED TORQUE VALUES.
When calibrated torque wrenches are used, they shall show by dial or automatic
release, the measure in foot-pounds of the torque induced by the wrench. The
minimum torque for the sizes of bolts shall conform to the values listed below.
BOLT TENSION AND TORQUE VALUES
Bolt
Recommended Bolt Required
Required
Size
Tension for Cali- Bolt Tension
Bolt Torque
(in.)
brating Wrenches (lb) (lb.)
(lb. ft.)
5.
STRUCTURAL GRADE BOLTS
6.
Tower anchors --frost heave --protection from livestock, erosion.
per ASTM Specification A307
Guy cables --tensions, damage, rust.
1/2
4,500 3,900
32
5/8
7,150 6,250
65
3/4
10,550 9,200
115
Loose electrical conduit or other attachments.
Per Federal Specification FF -B-575 (Type I Grade 2)
Obstruction lighting - See SM P 6910.1.
1/2
5,650 4,900
41
5/8
8,300 7,250
75
3/4
12,300 10,700
134
HIGH STRENGTH BOLTS per ASTM Specification A325
1/2
12,500 1o,850
90
5/8
20,000 17,250
18o
3/4
25,:600
320
Locking nuts (pal nuts) shall be tensioned at 25% of the required bolt tension
for structural grade bolts. The wrenches shall be properly calibrated and the
nuts shall be in motion when the torque is measured.
Note: Most high strength bolts will have been manufactured in accordance with
ASTM Specification A325 and can be identified by the Symbol A325 of the head
of the bolt. Other types of high strength bolts will have different identifying
symbols. Bolts with no identifying symbols are structural grade bolts. High
strength bolts are normally used only in special situations such as on the
reflector supports of microwave towers.
CHECK LIST FOR STRUCTURAL TOWERS AND GUYS INSPECTIONS.
1.
Vertical mast alignment.
2.
Loose or missing bolts, nuts and pal nuts.
3.
Missing, bent, cracked or broken members.
4.
Reflectors - check for broken rivets and separation of sheet metal from frame.
5.
Concrete base -settlement or cracks.
6.
Tower anchors --frost heave --protection from livestock, erosion.
7.
Guy cables --tensions, damage, rust.
8.
Guy cable connections --check for damage, rust, loose bolts, served ends.
9.
Turnbuckles -axe they safety wired or jamb nut installed.
10.
Tower insulators --chipped or cracked and cleanliness.
11.
Grounds, tower and guy --mechanical condition, resistance.
12.
Loose electrical conduit or other attachments.
13.
Obstruction lighting - See SM P 6910.1.
14.
Moisture or dirt in junction boxes.
15.
Lightning rods --check if required and if properly installed.
16.
Paint --check color scheme, condition, coverage.
Page 1
w
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20 Feb 73
GL 6930,7
Appendix 2
Page 1
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GL 6930 . 7
Appendix 2
1
Anchor #1 - nearest fro
of building
Anchor #2 - clockwise I
#1
Anchor #3 - clockwise 1
20 Feb 73
6
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2
1
Exterior i ntermemaie ntesnvr
As cable locations vary at different sites in relation to the building, #1 anchor shall be considered as the
one approximately directly in front of the building. If no anchors are located directly in front of the
building then the first encountered clockwiseabout the tower shall be called #1.
Most microwave towers have double sets of guys from the exterior anchor to top of the towers. These
are to be indicated as to the top left and top right when observed by standing at an anchor and facing
the tower.
GL Form 6930-1 (03/73)
Page 2
N
24 Feb 73
GL 6930.7
Appendix 3
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GL 6930.7
Appendix 3
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GL 6930 .7
Appendix 3
TOWER AND GUY TENSION LOG
20 Feb 73
Facility Locatio Date
Height — Drawing No,
Guage No.
Wind Velocity Direction Temperature
Foundation (Cracks, etc.)
Anchor Rods
Guy Anchors
Tower Condition !Rusting, etc.)
Straight (Straightened)
Painted Condition
Bolts, Nuts, Pal Nuts (tight/torquadl Condition
Lighting Lights Burning Flasher Unit
Conduit Condition
Photo -Electric Control
Wire
less Cover
Other
Grounding (wire, rod, etc.) Resistance
Condition of Antenna, Mounting Bracket, etc,
Condition of Coax Cable, Connection, etc.
Ground wire bonded to conduit Bonding Lugs
Lightning Rods, Grounds, etc.
Additional Remarks
Party Signature
GL Form 6930-2 (03/73) Supercedes CE Form 6930-2
Page 2
W U.B. GOYS HENT PAIPMNO OFFICE: 1972—M260
.. Q►
N
N
ORDINANCE NO. 73
AN ORDINANCE REGULATING THE LOCATION, CONSTRUCTION,
SCREENING AND USE OF TELECOMMUNICATION TOWERS AND
ANTENNAS WITHIN THE TOWN OF WHITE BEAR, RAMSEY COUNTY,
MINNESOTA
THE TOWN BOARD OF SUPERVISORS OF THE TOWN OF WHITE BEAR
ORDAINS:
SECTION 1. TITLE. This Ordinance, regulating the location, construction,
screening and use of telecommunication towers and antennas within the Town of
White Bear shall hereafter be known, cited and referred to as the
"Telecommunications Tower and Antenna Ordinance" of the Town of White Bear,
except as referred to herein, where it shall be known as "this Ordinance".
SECTION 2. PURPOSE. In order to accommodate the communication needs of
residents and businesses, while protecting the public health, safety, and general
welfare of the community, the Town Board finds that these regulations are
necessary in order to:
2-1. Provide for the appropriate location and development of
telecommunication towers and antennas within the Town.
2-2. Maximize the use of existing towers, structures, or buildings to
accommodate new telecommunication antennas in the Town; and
2-3. Minimize adverse visual effects of structures and buildings through
careful design, siting and screening.
SECTION 3. DEFINITIONS. In the construction of the Ordinance, the definitions
set forth in the Zoning Ordinance shall be applicable. In addition, the following
wards or terms shall be defined as stated in this Section, except when the
context clearly indicates otherwise.
3-1. WIRELESS TELECOMMUNICATION SERVICES. Licensed or
unlicensed wireless telecommunication services including cellular, digital cellular,
personal communication services ((PCS), specialized mobilized radio (SMR),
enhanced specialized mobilized radio (ESMR), commercial or private paging
services, or similar services that are marketed to the general public.
3.2. ANTENNA STRUCTURE. Any building, ground or roof mounted
pole, spire, telescoping mast, tower, tripod, structure, water tower, or
combination thereof to which a telecommunications antenna is or may be
attached or affixed, including structural support of the foregoing.
3.3. ANTENNA. Any device, which by use of any means, is designed to
transmit or receive any electromagnetic, microwave, radio, television, or other
frequency energy waves, of any type or purpose.
SECTION 4. ANTENNA STRUCTURE LIMITED TO 1-1 -- LIGHT INDUSTRIAL
DISTRICT. Antenna structures shall be allowed only in 1-1 — Light Industrial
Zoning Districts of Ordinance No. 35 (Zoning), except Township water towers in
the R-1 Zone.
SECTION 5. ANALYSISIPROOF OF NEED: New antenna structures shall not
be erected, constructed, used or located within the Town unless a Conditional
Use Permit is obtained from the Town. A Conditional Use Permit shall not be
issued unless the following requirements are met:
5-1. The applicant demonstrates to the satisfaction of the Town that the
proposed antenna structure will reasonably meet the radio frequency and
spacing needs of the applicant and anticipated co -locators to provide wireless
telecommunication service within the Town; and
5.2. The applicant demonstrates to the satisfaction of the Town that
applicant's needs for an antenna cannot be accommodated on an existing
approved antenna structure within the Town due to one or more of the following
reasons:
5-2.1. No antenna structure exists at a height necessary for the proposed
antenna to function as documented by a qualified licensed professional
engineer.
5-2.2. The planned antenna would exceed the structural capacity of any
existing approved antenna structure in the Town as documented by a
qualified and licensed professional engineer, and the existing or approved
antenna structure cannot be reinforced, modified, or replaced to
accommodate planned or equivalent antenna.
5-2.3. The planned antenna would cause interference materially
impacting existing or planned antenna at the existing approved antenna
structure as documented by a qualified and licensed professional engineer
and the interference cannot be prevented at a reasonable cost.
5-3. The applicant demonstrates to the satisfaction of the Town that the
proposed antenna structure site is at least one-half mile from any existing
antenna structure within the Town.
5-4. The following preferences shall be followed when selecting sites:
5-4.1. Water towers.
0
5-4.2. Co -locating on existing towers.
SECTION 6. CO -LOCATION REQUIREMENTS. Any proposed antenna
structure shall be designed, structurally, electrically, and in all respects, to
accommodate both the applicant's antenna and comparable antenna for
additional users. Antenna structures must be designed to allow for future
expansion (at new co -locator's expense) or rearrangement of antenna upon the
antenna structure and to accept antenna mounted at varying heights, but not to
exceed 150' in height. A letter of intent as required in Section 16.2 of this
Ordinance, committing the applicant, antenna structure owner, user, property
owner upon which situated, and successors to allow the shared use of the
antenna structure shall be submitted to the Town at the time of application to
accommodate co -location. Applicant shall negotiate in good faith with any and all
potential co -locators.
SECTION 7. ANTENNA STRUCTURE REQUIREMENTS. Proposed or
modified antenna structures shall meet the following requirements:
7-1. Antenna structures shall be designed to blend into the surrounding
environment through the use of color and camouflaging architectural treatment,
except in instances where the color is dictated by federal or state authorities such
as the Federal Aviation Administration. Antenna structure locations shall be
screened as required by the Town to inhibit off-site views of the antenna
structure.
7-2. The use of guyed towers is prohibited. Antenna structures must be
self-supporting without the use of wires, cables, beams or other means. The
design should utilize an open framework or monopole configuration unless the
Town determines that an alternative design would better blend into the
surrounding environment or better facilitate co -location.
7-3. Antenna structures shall be constructed and maintained so as to
meet recognized applicable standards or regulations, such as, but not limited to
those standards and regulations established by American National Standards
Institute (ANSI), Electronic Industries Alliance (EIA), Federal Communications
Commission (FCC), Federal
e ersal AviationAdministration NEC NFDAOcInstitute of Electrical
occupational Safety &
and Electronics Eng (IEEE), MMC,
Health Administration (OSHA), or their successors.
7-4. The base of the antenna structure shall occupy no more than 500
square feet and the top of the antenna structure and antenna shall be no larger
than the base.
SECTION 8. ACCESSORY STRUCTURE. Transmitting, receiving, switching
and other equipment necessary for use of any antenna shall be housed within an
3
existing structure whenever possible. All new structures accessory to an
antenna shall be designed and screened as required by the Town to minimize
off-site and other visibility and blend in with the surrounding environment and
shall meet the minimum setback requirements of the 1-1 Zoning District.
SECTION 9. ANTENNA STRUCTURE AND ANTENNA HEIGHT. Antenna
structure height shall meet, but not exceed, the height needed for the proposed
use and co -location requirements of this Ordinance. No antenna shall be located
any higher on an antenna structure than is reasonably necessary for proper
operation of the antenna. In the event that actual uses for any twelve-month shall
period do not require the full tower height, at the Town's request, app
reduce the tower height to nt teghht no nically'geasible her than In noreasn
shall an antenna
necessary as for
such actual use, to the ext
structure, including the antenna, exceed 165' in height above grade.
SECTION 10. SETBACKS. Antenna structures shall be set back from any
residential building a distance equal to the height of the antenna structure, and
set back from the edge of any publicly traveled road by at least forty (40) feet.
SECTION 11. ANTENNA STRUCTURE LIGHTING. Antenna structures shall
not be illuminated by artificial means and shall not display strobe lights unless
such lighting is specifically required by the Federal Aviation Administration or
other federal or state authority.
SECTION 12. SIGNS AND a DoVERTglSsNoGher thanswarning or of any equipment
of an
antenna structure or a
information signs is prohibited.
SECTION 13. SECURITY FENCING. If required by the Town, antenna
structures shall be provided with security fencing to prevent unauthorized entry.
SECTION 14. ON-SITE VEGETATION. Existing on-site vegetation shall be
preserved to the maximum extent practicable.
SECTION 15. ABANDONED OR UNUSED ANTENNA STRUCTURES OR
pORTIONS OF ANTENNA STRUCTURES. Antenna structures and accessory
structures shall be deemed abandoned or unused if any antennas are not used
for transmitting or receiving for six (6) consecutive months. Abandoned or
unused antenna structures or portions of antenna structures shall be removed as
follows:
15-1. All abandoned or unused antenna structures and accessory
structures shall be removed (or retained) as required by the Town. A copy of the
relevant portions of a signed lease which requires the applicant to remove or
retain the antenna structure andaccessory
In thestructures as requireevent that an antenna structure herein land
submitted at the time of app
4
red
accessory structure
Town and the costs of aremoval l herein,
hallbe pt
he same may be
removed by the T
paid to the Town by the
applicant within sixty (60) days from invoice.
15-2. Unused portions of antenna `structures above a manufactured
connection shall be removed within six months of the time of antenna relocation.
15-3. Upon the abandonment of any antenna or antenna structure, the
removal of which has not been promptly completed, the Town Public Works
Department or other authorized agent of the Township, may remove such
antenna and/or structure within ten (10) days after written notice is given by mail,
directed to the address of the permittee on file. if the permittee shall fail to pay
the cost of removal and storage thereof, within a period of sixty (60) days after
the giving of such notice, the permittee's rights in said antenna or antenna
structure shall be forfeited, but such forfeiture shall not excuse the permittee from
the payment of the cost of removal and storage of said antenna or antenna
structure.
SECTION 16. ADDITIONAL SUBMITTED REQUIREMENTS. In addition to the
information required elsewhere in this Ordinance, applications for antenna
structures shall include the following supplemental information:
16-1. A report from a qualified and licensed professional engineer which:
16-1.1. Describes the antenna structure height and design including cross
section and elevation;
16-1.2. Documents the height above grade for all potential mounting
positions for co -located antenna and the minimum separation distances
between antenna;
16-1.3. Describes the antenna structure's capacity, including the number
and type of antenna that it can accommodate;
16-1.4. Documents what steps the applicant will take to avoid interference
with established public safety telecommunications;
16-1.5. Certifies that applicant will construct and operate its antenna
structure in a manner so as to comply with all regulations and
requirements referenced in Section 7-3 of this Ordinance; and
16-1.6. Includes an engineer's stamp and registration number.
16-2. For all wireless telecommunications service antenna structures, a
letter of intent shall wner and ih stl herto orit Town
successorstlto allow antenna
the share ruse of
re
owner, property ,
5
the antenna structure if an additional user agrees in writing to meet reasonable
terms and conditions for shared use. Any disputes arising out of any shared use
agreement shall be resolved through arbitration conducted under the then current
rules of the American Arbitration Association.
16-3. The following supplemental information shall also be submitted:
16-3.1. Proof that the proposed antenna structure complies with
regulations administered by the Federal Aviation Administration;
16-3.2. Any proof of non-interference or other report which applicant has
submitted or is required to submit under any Federal Communications
Commission regulation or requirement regarding interference with radio or
television service enjoyed by adjacent residential and non-residential
properties;
16-3.3. A report from a qualified engineer or other professional which
demonstrates the antenna structures compliance with the aforementioned
standards; and
16-3.4. Proof of reasonable liability insurance acceptable to the Town.
SECTION 17. ANTENNA ATTACHMENT. No antenna may be attached as a
co -location on any antenna structure without first submitting the supplemental
information required under Section 16-3.2 of this Ordinance, and obtaining a
building permit pursuant to Ordinance No. 8 (Building Code).
SECTION 18. COST AND FEES. The applicant shall also pay the Conditional
Use Permit application fee as set forth in Ordinance No.. 54 (Fees & Charges),
which shall not exceed all costs the Town may incur in employing the services of
engineers, attorneys, and other professional consultants in connection with an
application. The Town may require the applicant to pay an initial deposit for
these services at the time of application. If the amount of the initial deposit does
not cover all costs, the applicant will be so advised and full reimbursement shall
be made by the applicant whether the application is approved or denied.
SECTION 19. INSPECTIONS. The Town shall have the right to conduct
reasonable periodic inspections of antenna structures and accessory structures
in order to determine compliance with this Ordinance, and the applicant, user,
property owner, and structure owner shall cooperate with the Town in any such
Town inspections. In the event the Town utilizes outside consultants for any
necessary inspections, applicant will reimburse the Town for the reasonable
costs of such outside consultants.
SECTION 20. SEVERABILITY. Should any section, subdivision, clause or other
provisions of this Ordinance be held to be invalid by. any court of competent
[9
jurisdiction, such decision shall not affect the validity of the Ordinance as a
whole, or of any part thereof, other than the part held to be invalid.
SECTION 21. EFFECTIVE DATE. This Ordinance shall take effect and be in
force from and after its passage and publication.
Passed by the Town Board of Supervisors of the Town of White
Bear, Ramsey County, Minnesota, this 7t' day of Septernber, 1999.
APPROVED:
ROBERT J. WEISENBURGER, Chairman
ATTEST:
WILLIAM F. SHORT, Clerk -Treasurer
Board of Supervisors:
ROBERT J. WEI SENBURGER, Chair
RICHARD A. SAND, Supervisor
LINDA J. FORD, Supervisor
Synopsis published in the White Bear Press on September 15, 1999.
Historical Notes
1999
Ordinance, Title and Secbon 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20, and 21 originally adopted September 7, 1999, and effective September 15, 1999 by
Weisenburger (Chair); Sand and Ford; Short (Clerk -Treasurer).
7
Aitkin County
Tower Ordinance
Adopted February 12, 2002
Aitkin County
Tower Ordinance
TABLE OF CONTENTS
SECTIONS PAGE
Section 1
Intent and Purpose ................................................. 2
Section 2
Applicability.............................................................
3
Section 3
Definitions...............................................................
3
Section 4
Land Use.: ..... —* ........... .......... * ..... *"**
4
Section 5
Tower Design..........................................................
4
Section 6
Tower Setbacks......................................................
5
Section 7
Co -Location Requirements .....................................
5
Section 8
Tower Area Fencing and Landscaping ...................
7
Section 9
Abandoned or Unused Towers ...............................
7
Section 10
Signs and Advertising .............................................
7
Section11
Noise.........................................:............................
7
Section 12
Application Requirements .......................................
8
Section 13
Factors Considered in Granting
Conditional Use Permits .........................................
9
Section 14
Time Limit on Tower Construction ..........................
9
Section 15
Effect of the Ordinance on Existing
Tower Facilities......................................................10
Section 16
Term of Permit.......................................................10
Section 17
Revocation of Permit.............................................10
Section 18
Wind Energy Conversion Systems ........................11
Section 19
Land Use...............................................................11
Section 20
Prohibited WECS...................................................11
Section 21
WECS Performance Standards .............................11
Section 22
Conditional Use Permit..........................................13
Section 23
Enforcement..........................................................13
Section 24
Interpretation..........................................................14
Section 25
Severability............................................................14
Section 26
Abrogation and Greater Restrictions ......................14
Section 27
Adoption of Ordinance...........................................14
1
Aitkin County
Tower Ordinance
SECTION 1: INTENT AND PURPOSE
The unique and diverse landscapes of Aitkin County are among its most valuable
assets. Destroying these assets risks undermining the very characteristics
responsible for our economic vitality and future potential. Protecting these assets
will require that location and design of tower facilities be sensitive to, and in scale
and harmony with, the aesthetics of Aitkin County. This Ordinance will provide
standards for the proper placement and design of tower facilities in order to
ensure their compatibility with surrounding aesthetics and development.
The purpose of the Tower Ordinance shall be to establish predictable and
balanced regulations that protect the public, health, safety, and general welfare
of the county, these regulations are intended to:
A. Facilitate the provision of telecommunications services and facilities
including commercial wireless telecommunication services in Aitkin
County;
B. Minimize adverse visual effects of towers through careful design and
siting standards;
C. Avoid potential damage to adjacent properties from tower or antenna
failure and weather-related occurrences through structural standards,
careful siting, and setback requirements;
D. Encourage the use of existing towers and buildings to accommodate
commercial wireless telecommunication service antennas in order to
minimize the number of towers needed to serve the county.
The Telecommunication Act of 1996 affirms Local Government's right to control
the siting, construction, and modification of cellular and other wireless
telecommunication facilities. The permitting process in this Ordinance does not
discriminate among providers of functionally -equivalent services and does not
prohibit the provision of personal wireless services.
Leasing of public buildings, publicly -owned structures, public lands, and/or rights-
of-way for the purposes of locating wireless telecommunication services facilities
and/or equipment is encouraged. In cases where a facility is proposed on
County property, specific locations and compensation to the County shall be
negotiated in lease agreements between the County and the provider on a case-
by-case basis, and shall be subject to all the requirements contained in this
Ordinance. Such agreements would not provide exclusive arrangements that
could tie up access to the negotiated site(s) or limit competition, and must allow
for the possibility of "co -locating" (sharing of facilities) with other providers.
2
Aitkin County
Tower Ordinance
SECTION 2: APPLICABILITY
It shall be unlawful for any person to erect, construct, or place any new Tower
facility or Wind Energy Conversion System without first receiving appropriate
permits from the Aitkin County Planning and Zoning Department. Tower
Facilities and Wind Energy Conversion Systems must comply with all local, state
and federal regulations. It shall be unlawful to alter, modify, transform, add to, or
change in any way, an existing tower structure or wind energy conversion system
without first receiving permits from the Aitkin County Planning and Zoning
Department. Addition of antennas and transmission lines shall not require a
permit.
Amateur Radio — The provisions contained herein shall not govern any privately
owned tower, or the installation of any antenna that is under seventy (70) feet in
height or operated by a federally licensed amateur radio station operator, or is
used exclusively as a receive only antenna.
SECTION 3: DEFINITIONS
Antenna: Any structure or device used for the purpose of collecting or radiating
electromagnetic waves including but not limited to directional antennas such as
panels, microwave dishes, satellite dishes, and omni -directional antennas such
as whip antennas.
Co -Location: The placement of wireless telecommunication antenna by two or
more service providers on a tower, building or structure.
Commercial Wind Energy Conversion System: Any WECS designed and
operated at a capacity greater than incidental excess of the amount needed for
basic residential use, and/or the purpose of such energy generation is intended
for commercial sale.
Department: Aitkin County Environmental Services Department.
Experimental and Homebuilt WECS: Wind machines that are one of a kind, first
attempt machines built by a wind power company or individual.
Guyed Tower: A tower that is supported, in whole or in part, by wires and ground
anchors.
Lowest Extension of WECS Blades: The lowest point of the arc created by the
rotation of the WECS rotor.
Monopole: A type of tower mount that is self supporting through a single shaft
usually constructed of wood, metal or concrete.
3
Aitkin County
Tower Ordinance
Production Phase WECS: Professionally designed wind machines that are built
in significant numbers on a continuing basis after testing. Wind machines made
from professionally designed kits will be considered production phase WECS.
Search Ring: An area in which a wireless provider is able to locate an antenna of
a defined height which will provide the wireless service providers desired
coverage.
Tower: Any pole, wire, structure or combination thereof, including support lines,
cables, wires, braces and masts intended primarily for the purpose of mounting
antenna or to serve as an antenna, or for the placement of a wind energy
conversion system.
Tower Facility(ies): A tower and its appurtenant devices including, but not limited
to antennae, buildings, fences, gates and related equipment.
Total Height: The distance between the ground level at the base of a structure
and its tallest vertical extension including any attachment thereon.
Wind Energy Conversion System (WECS): Any device such as a wind charger,
windmill or wind turbine, which converts wind energy to a form of usable energy.
SECTION 4: LAND USE
All towers, not excluded in Section 2, require the granting of a conditional use
permit by the Aitkin County Planning Commission after completion of the
application requirements of this Ordinance. If a conditional use permit is granted,
a zoning (land use) permit is required for the tower and supporting facilities.
All towers must meet the setback distance requirements of the underlying zoning
district.
Towers, not excluded in Section 2, will not be permitted in areas zoned
Residential or Rural Residential -High Density, within 300 feet of a river or stream,
within 500 feet of the Mississippi River, or within 1000 feet from the Ordinary
High Water Level of a lake.
THE FOLLOWING SECTIONS APPLY TO TOWERS THAT ARE NOT
EXCLUDED IN SECTION 2:
SECTION 5: TOWER DESIGN
Proposed or modified towers and antennas shall meet the following design
requirements:
F11
Aitkin County
Tower Ordinance
A. Towers and their antennas shall be certified by a qualified and licensed
professional engineer to conform to applicable state and national
structural building standards.
B. Towers shall be monopoles, self-supporting or guyed towers.
Tower Painting - Towers shall comply with FAA requirements.
Tower Lighting — No tower shall be lighted unless FAA rules require lighting. All
towers shall use only red incandescent lights. No strobe lights, red or white, will
be allowed.
SECTION 6: TOWER SETBACKS
Towers and all accessory structures or buildings shall conform to the following
minimum setback requirements:
A. Towers shall be setback from all property lines an amount equal to the
height of the structure;
B. Guy wires for towers shall meet the structure setback of the underlying
zoning district.
C. In addition, towers shall have the following visual setbacks. Towers
shall not be located within a distance of 1.5 times the tower height to
any adjacent residential structure.
SECTION 7: CO -LOCATION REQUIREMENTS
All commercial wireless telecommunication towers erected, constructed, or
located within the County shall comply with the following requirements:
A. Documentation of the area to be served including a search ring for the
antenna location. A narrative describing a search ring for the request,
with not less than a two (2) mile radius clearly explaining why the site
was selected, what existing structures were available and why they are
not suitable as locations or co -locations.
B. Documentation that the communications equipment planned for the
proposed tower cannot be accommodated on an existing or approved
tower or building within the search ring of the service area due to one
or more of the following reasons:
1. The planned equipment would exceed the structural capacity of the
existing or approved tower or building, as documented by a qualified
and licensed professional engineer, and the existing or approved tower
5
Aitkin County
Tower Ordinance
cannot be reinforced, modified, or replaced to accommodate planned
equipment at a reasonable cost;
2. The planned equipment would cause interference materially
impacting the usability of other existing or planned equipment at the
tower or building as documented by a qualified and licensed
professional engineer or qualified radio frequency engineer and the
interference cannot be prevented at a reasonable cost;
3. Existing or approved towers and buildings within the search radius
that cannot accommodate the planned equipment at a height
necessary to function reasonably as documented by a qualified and
licensed professional engineer; or
4. Other unforeseen reasons that make it infeasible to locate the
planned telecommunications equipment upon an existing or
approved tower or building.
C. Any proposed tower, above 200 feet, shall be designed, structurally,
electrically, and in all respects, to accommodate both the applicant's
antennas and at a minimum the following antennas.
1. X represents the applicant's antenna height
2. Height Quantity Antenna and TX Line
X + 30 9 1 ft x 5ft panel with 1 5/8" TX line
X + 15 9 1 ft x 5ft panel with 1 5/8" TX line
X - 10 9 1 ft x 5ft panel with 1 5/8" TX line
X - 20 9 1 ft x 5ft panel with 1 5/8" TX line
180 2 8ft dish with radomes, with 1 5/8"
line at any azimuth.
D. An agreement stating that the applicant and tower owner commit to co -
location at reasonable market prices within 90 days. Any prohibition
of additional users on a tower shall be considered a violation of the
permit and this Ordinance.
E. The agreement shall also include a statement that any unused or
abandoned tower shall be removed by the tower owner and/or
applicant within 12 months of the tower being vacated. Said
agreement shall be signed by the applicant and the property owner
and shall be attached to and become a part of the permit.
1.1
Aitkin County
Tower Ordinance
SECTION 8:TOWER AREA FENCING AND LANDSCAPING REQUIREMENTS
Tower base, equipment and buildings accessory to a tower shall:
A. Be architecturally designed to blend in with the surrounding environment
and shall meet the height and setback limitations as established within the
respective zoning district.
B. Tower base, equipment and buildings shall be fenced in by a 6 foot
security fence. Tower base, equipment and buildings shall be screened
from view by suitable vegetation which will be at least 6 feet in height
within 4 years of tower construction except where a design of non -
vegetative screening better reflects and complements the architectural
character of the surrounding neighborhood. Screening tower plan shall be
approved by the planning commission.
The anchor point for the guy wires shall be fenced. The fence shall extend at
least 10 feet around the anchor point or guy base to ensure public safety.
SECTION 9: ABANDONED OR UNUSED TOWERS
Abandoned or unused towers and associated facilities shall be removed within
12 months of the cessation of operations at the site unless a time extension is
approved by the Zoning Administrator. In the event that a tower is not removed
within the 12 months of the cessation of operations at a site, the tower and
associated facilities may be removed by the county and the costs of removal
assessed against the property.
SECTION 10: SIGNS AND ADVERTISING
The use of any portion of a tower for signs other than warning or equipment
information signs is prohibited.
SECTION 11: NOISE
The noise levels associated with any tower facility shall conform to the Minnesota
Pollution Control Agency noise level requirements as listed in MN Rules Chapter
7030.
7
Aitkin County
Tower Ordinance
SECTION 12: APPLICATIONS REQUIREMENTS
The Aitkin County Planning & Zoning Office may contract with an independent
technical expert to review technical materials submitted by the applicant, and/or
to determine if additional information is necessary. The tower facility applicant
shall pay the cost of such review and/or independent analysis. In addition to the
general requirements for conditional use permit applications; all applications for
new towers must also include the following:
a. Site plan(s) drawn to a scale of one (1) inch equals twenty (20) feet or
less, specifying the location of the tower facility, support structures,
transmission buildings and/or other accessory structures & uses,
accesses, parking areas, fences, signs, lighting, landscaped areas and
all adjacent land uses within 250 feet of the tower facility, including all
support structures and security fencing.
b. Map showing the search radius for the antenna location and the
proposed broadcast coverage obtained by the tower facility, including a
narrative describing a search radius of not less than one (1) mile for
the requested site, clearly explaining why the site was selected,
identifying and locating landing and takeoff areas of aircraft within the
search radius, locating all existing tower facilities, and identifying all
other structures that may be potential co -location sites.
c. Series of pictures of the constructed tower in a digital format as desired
by Aitkin County. The pictures shall include a picture of the tower from
nearest road, picture of base of tower only showing the bottom 20 feet,
picture of the compound area, and picture of each of the guy points, if
a guy tower was constructed.
d. A signed lease on behalf of a carrier that once the tower is constructed
the carrier will be leasing the tower within one (1) year after
completion.
e. A copy of a pre -FAA determination or a document that the proposed
tower facility has not been found to be a hazard to air navigation under
Part 77, Federal Aviation Regulations, or that no compliance with Part
77 is required, and the reasons therefore.
f. Documentation shall be provided prior to the issuance of a land use
permit demonstrating that the approved tower has been designed in
compliance with a qualified engineer licensed by the State of
Minnesota.
E:3
Aitkin County
Tower Ordinance
SECTION 13: FACTORS CONSIDERED IN GRANTING CONDITIONAL
USE PERMITS
The Aitkin County Planning Commission shall consider the following factors in
addition to the normally prescribed conditional use factors listed in the Aitkin
County Zoning Ordinance, in determining whether to issue a conditional use
permit. The Board may evaluate each of these criteria on a site -by -site basis
with varying levels of preference in determining how the goals of this Ordinance
are best served:
a. Height of the proposed tower facility.
b. Capacity of the tower structure for additional antenna equipment to
accommodate expansion, or to allow for co -location of other provider's
equipment.
c. Proximity of the tower to residential structures and residential district
boundaries.
d. Nature of uses on adjacent and nearby properties.
e. Surrounding topography.
f. Present and surrounding tree coverage and foliage.
g. Design and siting of the tower, with particular reference to design
characteristics and location that have the effect of reducing or
eliminating visual obtrusiveness.
h. Proposed ingress and egress.
i. Availability of suitable existing towers and other structures as
discussed in other sections of this ordinance.
j. Level of adherence to the provisions set forth in Section 1 of this
ordinance and the adopted tower policy statement.
SECTION 14: TIME LIMIT ON TOWER CONSTRUCTION
Construction of an approved tower including all accessory structures, including
footings and foundations, must be completed within one year following the date
of the permit, extendable for another year by the Aitkin County Zoning Office. All
landscaping must be installed within the first growing season immediately
following construction.
9
Aitkin County
Tower Ordinance
SECTION 15: EFFECT OF THE ORDINANCE ON EXISTING TOWER
FACILITIES
Tower facilities and antennas in all zoning districts and in existence as of
February 12, 2002 that do not conform to or comply with this ordinance are
subject to the following provisions:
a. Towers may continue in use for the purpose now used and as now
existing, but may not be replaced or structurally altered without
complying in all respects with the provisions contained herein.
b. If a nonconforming tower is hereafter damaged or destroyed due to
any reason or cause whatsoever, the tower may be repaired and
restored to its former use, location, and physical dimensions upon
obtaining a land use permit if the cost of repairing the tower to its
former use, location, and physical dimensions would be less than fifty
(50) percent of its fair market value, as determined by the Aitkin
County Assessor.
c. If a conforming tower is hereafter damaged or destroyed due to any
reason or cause whatsoever, the tower may be repaired or restored to
its former use, location, and physical dimensions upon obtaining a land
use permit from the Aitkin County Planning and Zoning Office.
SECTION 16: TERM OF PERMIT
A conditional use permit will remain in effect so long as the conditions contained
within the permit are met.
SECTION 17: REVOCATION OF PERMIT
The grounds for revocation of a conditional use permit shall be based on a
finding that:
a. The permittee has failed to comply with the conditions of approval
imposed;
b. The facility has not been properly maintained, or
c. The facility is no longer in use and has not been in use for the previous
12 months.
The procedure for revocation can be found under Section 3.46 of the Aitkin
County Shoreland Management Ordinance.
In the event of revocation of a permit, the tower and all accessory structures
must be removed and the site restored to its original condition within 12 months.
Failure to do so will result in the County completing the removal and site
restoration and the permittee shall pay for county costs or these costs will be
assessed against the property.
U11
Aitkin County
Tower Ordinance
SECTION 18: WIND ENERGY CONVERSION SYSTEMS
SECTION 19: LAND USE
All Commercial WECS facilities must obtain a conditional use permit from the
Aitkin County Planning Commission after completion of the application
requirements of this Ordinance. If a conditional use permit is granted, a zoning
(land use) permit is required for the WECS and supporting facilities.
SECTION 20: PROHIBITED LOCATION OF WECS
Commercial WECS are prohibited within 1000 feet from the Ordinary High Water
level from any lake, within 500 feet from the Mississippi River, within 300 feet
from any river or stream.
SECTION 21: WECS PERFORMANCE STANDARDS
All WECS facilities shall at a minimum conform to the following performance
standards:
A. All WECS facilities shall either have a climbing apparatus located no
closer than 12 feet to the ground or be un -climbable by design for the
first 12 feet.
B. All Commercial WECS sited on top of buildings shall comply with
applicable provisions of the Minnesota State Building Code.
Certification of compliance by a Minnesota professional engineer is
required.
C. The interconnection of the WECS with the local electric utility shall
comply with all applicable federal and Minnesota state regulations.
Individuals proposing a WECS facility must notify their electrical utility
in advance of their installation plans.
D. Clearance between WECS facilities and electrical lines shall be in
compliance with the requirements outlined in the most recent edition of
the National Electrical Safety Code.
E. Noise pollution standards established by the Minnesota Pollution
Control Agency shall be used to evaluate and regulate all noise from
WECS facilities.
F. Efforts should be made to site WECS facilities to reduce the likelihood
of blocking or reflecting television and other communication signals. If
signal interference occurs, both the WECS owner and the individual
11
Aitkin County
Tower Ordinance
receiving interference shall make reasonable efforts to resolve the
problem short of shutting down the wind system.
G. All Commercial WECS shall be equipped with manual and automatic
overspeed controls. The conformance of rotor and overspeed control
design and fabrication with good engineering practices shall be
certified by the manufacturer's engineering staff or by a Minnesota
professional engineer or by an individual with technical training on
WECS.
H. The safety of the design and construction of all Commercial WECS
towers shall be certified by the manufacturer's engineering staff, by a
Minnesota professional engineer, or by an individual with technical
training on WECS. The standard for certification shall be good
engineering practices.
I. All proposed WECS facilities shall be in compliance with any
applicable airport zoning, and shall comply with Federal Aviation
Administration notification requirements and any other FAA
regulations.
J. The maximum height of the lowest extent of a Commercial WECS
blade shall be 130 feet or thirty feet above any obstacles within 300
feet from the WECS tower, whichever is lower.
K. The minimum height of the lowest extent of a Commercial WECS
blade shall be 30 feet above the ground.
L. Commercial WECS facilities shall have a minimum distance to the
parcel and/or recorded easement boundary equal to the height of the
tower.
M. Any Commercial WECS that is abandoned or discontinued for a period
of 12 months shall be removed from the site at the WECS's owners
expense. Removal includes the complete tower facility including
related infrastructures and equipment to ground level not including any
base support pad if so desired by the property owner, and restoration
to pre-existing vegetative cover. If the discontinued WECS has not
been removed from the site within 180 days following the twelve-month
period, the County may complete the removal process and site
restoration, the cost of which shall be assessed against the property.
N. All WECS facilities shall not create stray voltage that will adversely
affect adjacent properties.
12
Aitkin County
Tower Ordinance
SECTION 22: CONDITIONAL USE PERMIT
In addition to the general requirements for conditional use permit applications, all
applications for new Commercial WECS towers must also include the following:
A. A scaled drawing of 1 inch equals 20 feet showing the location of the
proposed WECS including any auxiliary equipment.
B. Property lines and physical dimensions of the lot, including the location
and size of any obstructions within 300 feet that would be pertinent in
the consideration of the permit request.
C. Clearance distances between the farthest extension of the WECS
blades to the property lines.
D. Locations, dimensions, and types of existing structures and uses on
the lot, including the location of all above ground utility lines within a
distance equivalent to the total height of the proposed WECS.
SECTION 23: ENFORCEMENT
A. This ordinance is adopted by reference pursuant to the provisions of
Minnesota Statutes Section 394. It is declared unlawful for any person to
violate any of the terms or conditions of this ordinance. Violation thereof shall
be a misdemeanor.
B. In the event of a violation or a threatened violation of this ordinance, Aitkin
County, in addition to other remedies, may institute appropriate actions or
proceedings to prevent, restrain, or abate such violations or threatened
violations. The Department may and is empowered to issue cease and desist
orders to halt the progress of any on-going violation. When the work has
been stopped by the Department for any valid reason whatsoever, it shall not
again be resumed until the reason for the work stoppage has been completely
satisfied and the cease and desist order lifted.
C. Any taxpayer of Aitkin County or person with standing, may institute
mandamus proceedings in the District Court to compel specific performance
by the proper official or officials of any duty required by this ordinance.
D. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with, or who resists the enforcement of any other provisions
of this ordinance shall be guilty of a misdemeanor, punishable by $1000.00
and/or 90 days imprisonment or both. Each day that a violation is permitted
to exist shall constitute a separate offense. The County Attorney shall have
the authority to prosecute any and all violations of this Ordinance.
E. Any application for a permit that is made after the work is commenced and
which requires a permit shall be charged five (5) times the permit fee or five
(5) percent of the project cost, whichever is more. The Planning Commission
and/or Board of Adjustment may require correction and/or restoration of the
property to its original state before the permit is considered.
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Aitkin County
Tower Ordinance
SECTION 24: INTERPRETATION
In their interpretation and application, the provisions of this ordinance shall be
held to be minimum requirements and shall be liberally construed in favor of the
governing body and shall not be deemed a limitation or repeal of any other
powers granted by State Statutes.
SECTION 25: SEVERABILITY
If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of
this ordinance shall not be affected thereby.
SECTION 26: ABROGATION AND GREATER RESTRICTIONS
It is not intended by this ordinance to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance
imposes greater restrictions, the provisions of this ordinance shall prevail. All
other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only, with the exception of the Aitkin County Flood
Plain Ordinance.
SECTION 27: ADOPTION OF ORDINANCE
The Aitkin County Telecommunication Tower Ordinance is hereby adopted by
the Aitkin County Board of Commissioners on the 12 day of February, 2002.
Attest:
Kirk Peysar
Aitkin County Auditor
Approved as to Form:
Bradley Rhodes
Aitkin County Attorney
c:\ordinance\celltowerord.doc
Chairperson
Aitkin County Board of Commissioners
14
Beltrami County Tower and
Wind Energy Conversion System Ordinance
TABLE OF CONTENTS
SECTIONS ' PAGE
Section 1
Intent and Purpose ..................................................
Section 2
Applicability.....................................................................2
Section 3
Definitions.........................................................................3
Section 4
Conditional Use Permit Required for Towers ..................4
Section 5
Tower Design.............................................................
Section 6
Antennae Mounted on Roofs, Walls
and Existing Towers.........................................................5
Section 7
Tower Setbacks.................................................................5
Section 8
Co -Location Requirements on Towers .............................5
Section 9
Tower Area Fencing and Landscaping .............................7
Section 10
Abandoned or Unused Towers..........................................7
Section 11
Signs and Advertising on Towers.....................................7
Section12
Tower Noise......................................................................7
Rectinn 1 I
Application Requirements for Towers ..............................7
Section 14
Factors Considered in Granting
Conditional Use Permits for Towers.................................8
Section 15
Time Limit on Tower Construction..................................9
Section 16
Effect of the Ordinance on Existing
Tower Facilities................................................................9
Section 17
Term of Tower Permit....................................................10
Section 18
Revocation of Tower Permit...........................................10
Section 19
Conditional Use Permit Required for WECS .................10
Section 20
Prohibited WECS............................................................10
Section 21
WECS Performance Standards.......................................10
Section 22
Conditional Use Permit Application for WECS .............12
Section 23
Factors Considered in Granting
Conditional Use Permit for WECS.................................12
Section 24
Enforcement....................................................................13
Section 25
Interpretation...................................................................13
Section 26
Severability.....................................................................14
Section 27
Abrogation and Greater Restrictions..............................14
Section 28
Adoption of Ordinance...................................................14
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Beltrami County Tower and
Wind Energy Conversion System Ordinance
SECTION 1: INTENT AND PURPOSE
The unique and diverse landscapes of Beltrami County are among its most valuable assets.
Destroying these assets risks undermining the very characteristics responsible for our economic
vitality and future potential. Protecting these assets will require that location and design of tower
facilities be sensitive to, and in scale and harmony with, the aesthetics of Beltrami County. This
Ordinance will provide standards for the proper placement and design of tower facilities in order
to ensure their compatibility with surrounding aesthetics and development.
The purpose of this Ordinance shall be to establish predictable and balanced regulations that
protect the public, health, safety, and general welfare of the county, these regulations are
intended to:
A. Facilitate the provision of telecommunications and wind energy conversion systems
services and facilities including commercial wireless telecommunication services in
Beltrami County;
B. Minimize adverse visual effects of towers through careful design and siting standards;
C. Avoid potential damage to adjacent properties from tower or antenna failure and
weather-related occurrences through structural standards, careful siting, and setback
requirements;
D. Encourage the use of existing towers and buildings to accommodate commercial
wireless telecommunication service antennas in order to minimize the number of
towers needed to serve the county.
The Telecommunication Act of 1996 affirms Local Government's right to control the siting,
construction, and modification of cellular and other wireless telecommunication facilities. The
permitting process in this Ordinance does not discriminate among providers of functionally
equivalent services and does not prohibit the provision of personal wireless services.
Leasing of public buildings, publicly owned structures, public lands, and/or rights-of-way for the
purposes of locating wireless telecommunication services facilities and/or equipment is
encouraged. In cases where a facility is proposed on County property, specific locations and
compensation to the County shall be negotiated in lease agreements between the County and the
provider on a case-by-case basis, and shall be subject to all the requirements contained in this
Ordinance. Such agreements would not provide exclusive arrangements that could tie up access
to the negotiated site(s) or limit competition, and must allow for the possibility of "co -locating"
(sharing of facilities) with other providers.
SECTION 2: APPLICABILITY
It shall be unlawful for any person to erect, construct, or place any new Tower facility or Wind
Energy Conversion System without first receiving appropriate permits from the Beltrami County
Planning and Zoning Department. Tower Facilities and Wind Energy Conversion Systems must
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Beltrami County Tower and
Wind Energy Conversion System Ordinance
comply with all local, state and federal regulations. It shall be unlawful to alter, modify,
transform, add to, or change in any way, an existing tower structure or wind energy conversion
system without first receiving permits from the Beltrami County Planning and Zoning
Department. Addition of antennas and transmission lines shall not require a permit.
Amateur Radio — The provisions contained herein shall not govern any privately owned tower, or
the installation of any antenna that is under eighty-five (85) feet in height or operated by a
federally licensed amateur radio station operator, or is used exclusively as a receive only
antenna.
SECTION 3: DEFINITIONS
Amateur Radio Operator: A person holding a written authorization to be the control operator of
an amateur radio facility. This authorization shall be in the form of a license or permit issued by
the Federal Communications Commission.
Antenna: Any structure or device used for the purpose of collecting or radiating electromagnetic
waves including but not limited to directional antennas such as panels, microwave dishes,
satellite dishes, and omni -directional antennas such as whip antennas.
Co -Location: The placement of wireless telecommunication antenna by two or more service
providers on a tower, building or structure.
Commercial Wind Energy Conversion System: Any WECS designed and operated at a capacity
greater than incidental excess of the amount needed for basic residential use, and/or the purpose
of such energy generation is intended for commercial sale.
Department: Beltrami County Planning and Zoning Department.
Experimental and Homebuilt WECS: Wind machines that are one of a kind, first attempt
machines built by a wind power company or individual.
Guyed Tower: A tower that is supported, in whole or in part, by wires and ground anchors.
Lowest Extension of WECS Blades: The lowest point of the arc created by the rotation of the
WECS rotor.
Monopole: A type of tower mount that is self supporting through a single shaft usually
constructed of wood, metal or concrete.
Production Phase WECS: Professionally designed wind machines that are built in significant
numbers on a continuing basis after testing. Wind machines made from professionally designed
kits will be considered production phase WECS.
Search Ring: An area in which a wireless provider is able to locate an antenna of a defined
height that will provide the wireless service provider's desired coverage.
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Beltrami County Tower and
Wind Energy Conversion System Ordinance
Tower: Any pole, wire, structure or combination thereof, including support lines, cables, wires,
braces and masts intended primarily for the purpose of mounting antenna or to serve as an
antenna, or for the placement of a wind energy conversion system.
Tower Facility(ies): A tower and its appurtenant devices including, but not limited to antennae,
buildings, fences, gates and related equipment.
Total Height: The distance between the ground level at the base of a structure and its tallest
vertical extension including any attachment thereon.
Wind Energy Conversion System (WECS): Any device such as a wind charger, windmill or
wind turbine, which converts wind energy to a form of usable energy.
SECTION 4: CONDITIONAL USE PERMIT REQUIRED FOR TOWERS
All towers, except those excluded in Section 2, require the granting of a conditional use permit
by the Beltrami County Planning Commission after completion of the application requirements
of this Ordinance.
Towers, except thnse exrl�,ded in Section 2, will not he permitted within 300 feet of a river or
stream, within 500 feet of the Mississippi River, or within 1000 feet from the Ordinary High
Water Level of a lake.
THE FOLLOWING SECTIONS APPLY TO TOWERS THAT ARE NOT EXCLUDED IN
SECTION 2:
SECTION 5: TOWER DESIGN
Proposed or modified towers and antennas shall meet the following design requirements:
A. Towers and their antennas shall be certified, as installed, by the manufacturer or by a
qualified and licensed professional engineer to conform to applicable state and
national structural building standards. The towers in their antennas must conform to
applicable state structural building standards and/or all other applicable reviewing
agencies, including but not limited electrical engineering methods and practices as
specified in the National Electrical Code.
B. Towers shall be monopoles, self-supporting or guyed towers.
C. Tower Painting - Towers shall comply with FAA requirements.
D. Tower Lighting — No tower shall be lighted unless FAA rules require lighting. All
towers shall use only red incandescent lights. Strobe lights may be used only on
towers exceeding four hundred (400) feet in height, subject to the following
restrictions and conditions:
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Beltrami County Tower and
Wind Energy Conversion System Ordinance
1. Strobe lights may be used only when the north sky illumination on a vertical
surface at the base of the tower is greater than five (5) foot-candles. Red
obstruction lights must be used at all other times.
2. Strobe light installations shall be shielded so it is not to be visible from ground
elevation for a radius of two miles from the antenna base.
3. Strobe light installations will be allowed only on towers which are required by
Federal Aviation Administration regulations to be painted orange and white.
SECTION 6: ANTENNAE MOUNTED ON ROOFS, WALLS
AND EXISTING TOWERS
The placement of antennae on roofs, walls and existing towers may be administratively approved
by the County provided that the antennae meets the appropriate requirements of this Ordinance.
A. Roof mounted antennae shall not exceed twenty (20) feet above the highest point
of the roof and shall be set back at least ten (10) feet from the edge of the roof.
B. Wall or facade mounted antennae may not exceed beyond five (5) feet above
cornice line.
SECTION 7: TOWER SETBACKS
Towers and all accessory structures or buildings shall conform to the following minimum
setback requirements:
A. Towers shall be setback from all property lines an amount equal to the height of the
structure, plus ten (10) feet.
SECTION 8: CO -LOCATION REQUIREMENTS ON TOWERS
All commercial wireless telecommunication towers erected, constructed, or located within the
County shall comply with the following requirements:
A. Documentation of the area to be served including a search ring for the antenna
location. A narrative describing a search ring for the request, with not less than a two
(2) mile radius clearly explaining why the site was selected, what existing structures
were available and why they are not suitable as locations or co -locations.
B. Documentation that the communications equipment planned for the proposed tower
cannot be accommodated on an existing or approved tower or building within the
search ring of the service area due to one or more of the following reasons:
1. The planned equipment would exceed the structural capacity of the existing or
approved tower or building, as documented by a qualified and licensed
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Beltrami County Tower and
Wind Energy Conversion System Ordinance
professional engineer, and the existing or approved tower cannot be reinforced,
modified, or replaced to accommodate planned equipment at a reasonable cost;
2. The planned equipment would cause interference materially impacting the
usability of other existing or planned equipment at the tower or building as
documented by a qualified and licensed professional engineer or qualified radio
frequency engineer and the interference cannot be prevented at a reasonable cost;
3. Existing or approved towers and buildings within the search radius that cannot
accommodate the planned equipment at a height necessary to function reasonably
as documented by a qualified and licensed professional engineer; or
4. Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or building.
C. Any proposed tower must be designed structurally, electrically, and in all respects, to
accommodate both the applicant's antennae and comparable antennae for at least two
additional users if the tower is over one hundred (100) feet in height or at least one
additional user if the tower is between sixty (60) and one hundred (100) feet in height.
Towers must he designed to allow for future rearrangement of antenna upon the tower
and to accept antenna mounted at varying heights.
D. An agreement stating that the site will be designed for not less than three users with a
commitment by the applicant and property owner to co -location, whereby any
prohibition of additional users on a tower will be considered a violation of the permit
and this Ordinance. The agreement shall also include a statement that any unused or
obsolete tower or antenna shall be removed by the property owner and/or applicant.
Said agreement shall be signed by the applicant and the property owner and shall be
attached to and become a part of the permit.
E. An agreement stating that the applicant and tower owner commit to co -location at
reasonable market prices within 90 days. Any prohibition of additional users on a
tower shall be considered a violation of the permit and this Ordinance.
F. The agreement shall also include a statement that the tower owner and/or applicant
shall remove any unused or abandoned tower within 12 months of the tower being
vacated. Said agreement shall be signed by the applicant and the property owner and
shall be attached to and become a part of the permit.
G. Telecommunication facility structures permitted under this Ordinance shall allow
other users to lease space on the structure up to the maximum number of users
allowed by permit. The owner/operator of the facility shall make space available at
market rates and with contractual terms standard in the industry within the north -
central Minnesota area. The owner/operator may refuse to lease space on the
telecommunication facility structure if the proposed system would cause
electromagnetic interference with the system or systems on the existing structure, or
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Beltrami County Tower and
Wind Energy Conversion System Ordinance
the system on the telecommunications facility would cause interference with the
proposed system, subject to verification by the County.
H. The response of the owner/operator of existing telecommunication facilities to request
for co -location will be considered during the review process under Section 13 of the
this Ordinance. Unreasonable responses to requests for co -location shall be grounds
for revocation of a conditional use permit granted under this Ordinance.
SECTION 9: TOWER AREA FENCING AND
LANDSCAPING REQUIREMENTS
Tower base, equipment and buildings accessory to a tower shall:
A. Be architecturally designed to blend in with the surrounding environment.
B. A 6 -foot security fence shall fence in tower base, equipment and buildings. Tower base,
equipment and buildings shall be screened from view by suitable vegetation which will
be at least 6 feet in height within 4 years of tower construction except where a design of
non -vegetative screening better reflects and complements the architectural character of
the surrounding nP1ghborhood. The planning commission shall approVe. screening tower
plan.
The anchor point for the guy wires shall be fenced. The fence shall extend at least 10 feet around
the anchor point or guy base to ensure public safety.
SECTION 10: ABANDONED OR UNUSED TOWERS
Abandoned or unused towers and associated facilities shall be removed within 12 months of the
cessation of operations at the site unless the Planning and Zoning Director approve a time
extension. In the event that a tower is not removed within the 12 months of the cessation of
operations at a site, the county may remove the tower and associated facilities and the costs of
removal assessed against the property.
SECTION 11: SIGNS AND ADVERTISING ON TOWERS
The use of any portion of a tower for signs other than warning or equipment information signs is
prohibited.
SECTION 12: TOWER NOISE
The noise levels associated with any tower facility shall conform to the Minnesota Pollution
Control Agency noise level requirements as listed in MN Rules Chapter 7030.
SECTION 13: APPLICATION REQUIREMENTS FOR TOWERS
The Beltrami County Planning & Zoning Office may contract with an independent technical
expert to review technical materials submitted by the applicant, and/or to determine if additional
7
Beltrami County Tower and
Wind Energy Conversion System Ordinance
information is necessary. The tower facility applicant shall pay the cost of such review and/or
independent analysis. In addition to the general requirements for conditional use permit
applications; all applications for new towers must also include the following:
A. Site plan(s) drawn to a scale of one (1) inch equals twenty (20) feet or less, specifying
the location of the tower facility, support structures, transmission buildings and/or
other accessory structures & uses, accesses, parking areas, fences, signs, lighting,
landscaped areas and all adjacent land uses within 250 feet of the tower facility,
including all support structures and security fencing.
B. Map showing the search radius for the antenna location and the proposed broadcast
coverage obtained by the tower facility, including a narrative describing a search
radius of not less than two (2) miles for the requested site, clearly explaining why the
site was selected, identifying and locating landing and takeoff areas of aircraft within
the search radius, locating all existing tower facilities, and identifying all other
structures that may be potential co -location sites.
C. Series of pictures of the constructed tower in a digital format as desired by Beltrami
County. The pictures shall include a picture of the tower from nearest road, picture of
base of tower only showing the bottom 20 feet, picture of the compound area; and
picture of each of the guy points, if a guy tower was constructed.
D. A signed lease on behalf of a carrier that once the tower is constructed the carrier will
be leasing the tower within one (1) year after completion.
E. A copy of a pre -FAA determination or a document that the proposed tower facility
has not been found to be a hazard to air navigation under Part 77, Federal Aviation
Regulations, or that no compliance with Part 77 is required, and the reasons therefore.
F. Documentation shall be provided prior to the issuance of a conditional use permit
demonstrating that the approved tower has been designed in compliance with a
qualified engineer licensed by the State of Minnesota.
SECTION 14: FACTORS CONSIDERED IN GRANTING CONDITIONAL USE
PERMITS FOR TOWERS
The Beltrami County Planning Commission shall consider the following factors in determining
whether to issue a conditional use permit for towers. The Board may evaluate each of these
criteria on a site -by -site basis with varying levels of preference in determining how the goals of
this Ordinance are best served:
A. Height of the proposed tower facility.
B. Capacity of the tower structure for additional antenna equipment to accommodate
expansion, or to allow for co -location of other provider's equipment.
C. Proximity of the tower to residential structures and residential district boundaries.
8
Beltrami County Tower and
Wind Energy Conversion System Ordinance
D. Nature of uses on adjacent and nearby properties.
E. Surrounding topography.
F. Present and surrounding tree coverage and foliage.
G. Design and siting of the tower, with particular reference to design characteristics and
location that have the effect of reducing or eliminating visual obtrusiveness.
H. Proposed ingress and egress.
I. Availability of suitable existing towers and other structures as discussed in other
sections of this ordinance.
J. Level of adherence to the provisions set forth in Section 1 of this ordinance and the
adopted tower policy statement.
SECTION 15: TIME LIMIT ON TOWER CONSTRUCTION
Construction of an approved tower including all accessory structures, including footings and
foundations, must be completed within eighteen months following the date of the permit,
extendable for an additional six months by the Beltrami County Planning and Zoning
Department. All landscaping must be installed within the first growing season immediately
following construction.
SECTION 16: EFFECT OF THE ORDINANCE ON EXISTING TOWER
FACILITIES
Tower facilities and antennae in Beltrami County and in existence as of the effective date of this
ordinance that do not conform to or comply with this ordinance are subject to the following
provisions:
A. Towers may continue in use for the purpose now used and as now existing, but may
not be replaced or structurally altered without complying in all respects with the
provisions contained herein.
B. If a nonconforming tower is damaged or destroyed due to any reason or cause
whatsoever, the tower may be repaired and restored to its former use, location, and
physical dimensions upon obtaining a building permit, but without otherwise
complying with this Ordinance. Provided, however, that if the cost of repairing or
restoring such damaged or destroyed tower or antenna would be fifty (50) percent or
more, as estimated by County, of the cost of purchasing and erecting a new tower or
antenna of like kind and quality into the former use, physical dimensions and
location, then the tower or antenna may not be repaired or restored except in full
compliance with this Ordinance.
Beltrami County Tower and
Wind Energy Conversion System Ordinance
C. If a conforming tower is hereafter damaged or destroyed due to any reason or cause
whatsoever, the tower may be repaired or restored to its former use, location, and
physical dimensions only upon obtaining a conditional use permit from the Beltrami
County Planning and Zoning Department.
SECTION 17: TERM OF PERMIT
A conditional use permit will remain in effect so long as the conditions contained within the
permit are met.
SECTION 18: REVOCATION OF PERMIT
The grounds for revocation of a conditional use permit shall be based on a finding that:
A. The permittee has failed to comply with the conditions of approval imposed;
B. The facility has not been properly maintained, or
C. The facility is no longer in use and has not been in use for the previous 12 months.
In the event of revocation of a permit, the tower and all accessory structures must be removed
and the site restored to its original condition within 12 months. Failure to do so will result in the
County completing the removal and site restoration and the permittee shall pay for county costs
or these costs will be assessed against the property.
THE FOLLOWING SECTIONS (19 THROUGH 23) APPLY TO COMMERCIAL WIND
ENERGY CONVERSION SYSTEMS (WECS) AND RELATED FACILITIES:
SECTION 19: CONDITIONAL USE PERMIT REQUIRED FOR WECS
All Commercial WECS and supporting facilities must obtain a conditional use permit from the
Beltrami County Planning Commission after completion of the application requirements of this
Ordinance.
SECTION 20: PROHIBITED LOCATION OF WECS
Commercial WECS are prohibited within 1000 feet from the Ordinary High Water level from
any lake, within 500 feet from the Mississippi River, within 300 feet from any river or stream.
SECTION 21: WECS PERFORMANCE STANDARDS
All WECS facilities shall at a minimum conform to the following performance standards:
A. All WECS facilities shall either have a climbing apparatus located no closer than 12
feet to the ground or be un -climbable by design for the first 12 feet.
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Beltrami County Tower and
Wind Energy Conversion System Ordinance
B. All Commercial WECS sited on top of buildings shall comply with applicable
provisions of the Minnesota State Building Code. Certification of compliance by a
Minnesota professional engineer is required.
C. The interconnection of the WECS with the local electric utility shall comply with all
applicable federal and Minnesota state regulations. Individuals proposing a WECS
facility must notify their electrical utility in advance of their installation plans.
D. Clearance between WECS facilities and electrical lines shall be in compliance with
the requirements outlined in the most recent edition of the National Electrical Safety
Code.
E. Noise pollution standards established by the Minnesota Pollution Control Agency
shall be used to evaluate and regulate all noise from WECS facilities.
F. Efforts should be made to site WECS facilities to reduce the likelihood of blocking or
reflecting television and other communication signals. If signal interference occurs,
both the WECS owner and the individual receiving interference shall make
reasonable efforts to resolve the problem short of shutting down the wind system.
G. All Commercial WECS shall be equipped with manual and automatic overspeed
controls. The conformance of rotor and overspeed control design and fabrication
with good engineering practices shall be certified by the manufacturer's engineering
staff or by a Minnesota professional engineer or by an individual with technical
training on WECS.
H. The safety of the design and construction of all Commercial WECS towers shall be
certified by the manufacturer's engineering staff, by a Minnesota professional
engineer, or by an individual with technical training on WECS. The standard for
certification shall be sound engineering practices.
All proposed WECS facilities shall be in compliance with any applicable airport
zoning, and shall comply with Federal Aviation Administration notification
requirements and any other FAA regulations.
The maximum height of the lowest extent of a Commercial WECS blade shall be 130
feet above ground level, or thirty feet above any obstacles within 300 feet from the
WECS tower, whichever is lower.
K. The minimum height of the lowest extent of a Commercial WECS blade shall be 30
feet above the ground.
L. Commercial WECS facilities shall have a minimum distance to the parcel and/or
recorded easement boundary equal to the height of the tower, including the highest
extend of the WECS blade.
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Beltrami County Tower and
Wind Energy Conversion System Ordinance
M. Any Commercial WECS that is abandoned or discontinued for a period of 12 months
shall be removed from the site at the WECS's owners' expense. Removal includes
the complete tower facility including related infrastructures and equipment to ground
level not including any base support pad if so desired by the property owner, and
restoration to pre-existing vegetative cover. If the discontinued WECS has not been
removed from the site within the twelve-month period, the County may complete the
removal process and site restoration, the cost of which shall be assessed against the
property.
N. All WECS facilities shall not create stray voltage that will adversely affect adjacent
properties.
SECTION 22: CONDITIONAL USE PERMIT APPLICATION FOR WECS
Commercial WECS facilities conditional use permit applications must include the following:
A. Site plan(s) drawn to a scale of one (1) inch equals twenty (20) feet or less, specifying
the location of the WECS, support facilities, accesses, parking areas, fences, signs,
lighting, landscaped areas and all adjacent land uses within 250 feet of the tower
facility, including and security fencing.
B. Property lines and physical dimensions of the lot, including the location and size of
any obstructions within 300 feet that would be pertinent in the consideration of the
permit request.
C. Clearance distances between the farthest extensions of the WECS blades to the
property lines.
D. Locations, dimensions, and types of existing structures and uses on the lot, including
the location of all above ground utility lines within a distance equivalent to the total
height of the proposed WECS.
E. Documentation shall be provided prior to the issuance of a conditional use permit
demonstrating that the approved tower has been designed in compliance with a
qualified engineer licensed by the State of Minnesota.
SECTION 23: FACTORS CONSIDERED IN GRANTING CONDITIONAL USE
PERMITS FOR WECS
The Beltrami County Planning Commission shall consider the following factors in determining
whether to issue a conditional use permit to WECS. The Board may evaluate each of these
criteria on a site -by -site basis with varying levels of preference in determining how the goals of
this Ordinance are best served:
A. Height of the proposed WECS.
B. Proximity of the tower to residential structures and residential district boundaries.
12
Beltrami County Tower and
Wind Energy Conversion System Ordinance
C. Nature of uses on adjacent and nearby properties.
D. Surrounding topography.
E. Present and surrounding tree coverage and foliage.
F. Design and siting of the WECS, with particular reference to design characteristics and
location that have the effect of reducing or eliminating visual obtrusiveness.
G. Proposed ingress and egress to site.
SECTION 24: ENFORCEMENT
A. This ordinance is adopted by reference pursuant to the provisions of Minnesota
Statutes Section 394. It is declared unlawful for any person to violate any of the
terms or conditions of this ordinance. Violation thereof shall be a misdemeanor.
B. In the event of a violation or a threatened violation of this ordinance, Beltrami
County, in addition to other remedies, may institute appropriate actions or
proceedings to prevent, restrain, or abate such violations or threatened violations. The
Department may and is empowered to issue cease and desist orders to halt the
progress of any on-going violation. When the work has been stopped by the
Department for any valid reason whatsoever, it shall not again be resumed until the
reason for the work stoppage has been completely satisfied and the cease and desist
order lifted.
C. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with, or who resists the enforcement of any other provisions of this ordinance
shall be guilty of a misdemeanor. Each day that a violation is permitted to exist shall
constitute a separate offense. The County Attorney shall have the authority to
prosecute any and all violations of this Ordinance.
D. Any application for a permit that is made after the work is commenced and which
requires a permit may be charged up to five (5) times the permit fee. The Planning
Commission and/or Board of Adjustment may require correction and/or restoration of
the property to its original state before the permit is considered.
SECTION 25: INTERPRETATION
In their interpretation and application, the provisions of this ordinance shall be held to be
minimum requirements and shall be liberally construed in favor of the governing body and shall
not be deemed a limitation or repeal of any other powers granted by State Statutes.
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Beltrami County Tower and
Wind Energy Conversion System Ordinance
SECTION 26: SEVERABILITY
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected
thereby.
SECTION 27: ABROGATION AND GREATER RESTRICTIONS
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the
provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance
are hereby repealed to the extent of the inconsistency only.
SECTION 28: ADOPTION OF ORDINANCE
The Beltrami County Telecommunication Tower Ordinance is hereby adopted by the Beltrami
County Board of Commissioners on the day of 52003.
Attest:
Kay Mack
Beltrami County Auditor
Approved as to Form:
Timothy Faver
Beltrami County Attorney
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Chair
Beltrami County Board of Commissioners