HomeMy WebLinkAbout10-10-2011
MINUTES
MAPLEWOOD CITY COUNCIL
7:00p.m.,Monday,October 10,2011
Council Chambers, City Hall
Meeting No.20-11
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order at
7:11p.m.by Mayor Rossbach.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Will Rossbach, MayorPresent
Kathleen Juenemann, CouncilmemberPresent
Marvin Koppen, CouncilmemberPresent
James Llanas, CouncilmemberPresent
John Nephew, CouncilmemberPresent
D.APPROVAL OF AGENDA
Councilmember Nephew added item N1 Grand Reopening at the Maplewood Community Center to
the agenda.
Councilmember Juenemann added item N2 City Cleanupthis Saturdayto the agenda.
Councilmember Koppen added item N3 Charitable Gambling to the agenda.
Councilmember Nephewmoved to approve the agenda as amended.
Seconded by Councilmember LlanasAyes–All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of September 26, 2011City Council Workshop Minutes
Councilmember Nephew asked that candidate Lisa Hlavenka be removed from the candidate list for
agenda item D1 Board & Commission Interviews as she had withdrawn her name from the list of
candidates.
Councilmember Nephewmoved to approve theSeptember 26, 2011 City Council WorkshopMinutes
as amended.
Seconded by Councilmember KoppenAyes–All
The motion passed.
2.Approval ofSeptember 26,2011 City Council MeetingMinutes
Councilmember Nephew asked that the typo in H1 Renewable Energy Ordinances –First Reading
be changed from indicted to indicated.
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Councilmember Llanasmoved to approve theSeptember 26, 2011City Council Meeting Minutes as
amended.
Seconded by Councilmember JuenemannAyes–All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Presentation by Roseville School District [Superintendant Thein]
Superintendant Dr. John Thein and Board Clerk Tom Ring from the Roseville School District
addressed the council and spoke about Roseville Area Schools.
2.Consider Reappointment of James Meehan to Police Civil Service Commission
Assistant City Manager Ahl presented the staff report and
Councilmember Nephewmoved to approvethe Resolution ReappointingJames Meehan to the
Police Civil Service Commission.
RESOLUTION NO. 11-10-631
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to
serve on the following commissions:
Police Civil Service Commission
James Meehan, term expires December 31, 2014
Seconded by Councilmember KoppenAyes–All
The motion passed.
3.Appointment to the Board of Water Commissioners
Councilmember Nephewmoved to approvethe Appointment of Mayor Rossbach to the Board of
Water Commissioners.
Seconded by Councilmember KoppenAyes–All
The motion passed.
G.CONSENT AGENDA
Councilmember Juenemann moved to highlight agenda items G7 and G11; and pull agenda items
G8 and G9 for further discussion.
Councilmember Nephew moved to pull agenda item G10 for further questions.
Councilmember Juenemannmoved to approve agenda itemsG1 thru G12.
Seconded by Councilmember KoppenAyes–All
The motion passed.
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1.Approval of Claims
Councilmember Juenemannmoved to approve the Approval of Claims.
ACCOUNTS PAYABLE
$ 607,269.30 Checks # 85258 thru # 85301
dated 9/27/11
$ 321,660.42 Disbursements via debits to checking account
dated 9/19/11 thru 9/23/11
$ 988,123.94 Checks # 85302 thru # 85346
dated 9/27/11 thru 10/4/11
$ 254,290.77 Disbursements via debits to checking account
dated 9/23/11 thru 9/29/11
$ 2,171,344.43 Total Accounts Payable
PAYROLL
$ 505,298.22 Payroll Checks and Direct Deposits dated 9/30/11
$ 725.00 Payroll Deduction check # 9984920 dated 9/30/11
$ 506,023.22 Total Payroll
$ 2,677,367.65 GRAND TOTAL
Seconded by Councilmember KoppenAyes–All
The motion passed.
2.Approval of Resolution for Temporary Gambling Permit –Church of the Presentation
of the Blessed Virgin Mary
Councilmember Juenemannmoved toapprove the Resolution for a Temporary Gambling Permit for
the Church of the Presentation of the Blessed Virgin Mary.
RESOLUTION11-10-635
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary gambling permit for lawful gambling is approved for the Church of the Presentation of the
Blessed Virgin Mary, 1725 Kennard Street, to be used on November 19, 2011.
FURTHERMORE, that the Maplewood City Council waives any objection tothe timeliness of
application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute §349.213.
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NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
Seconded by Councilmember KoppenAyes–All
The motion passed.
3.Approval of Authorization to Dispose of Old Financial Records
Councilmember Juenemannmoved toapprove the Authorization to Dispose of Old Financial
Records.
Seconded by Councilmember KoppenAyes–All
The motion passed.
4.Approval of Annual Maplewood Historical Society Payment
Councilmember Juenemannmoved toapprove the Annual Maplewood Historical Society Payment.
Seconded by Councilmember KoppenAyes–All
The motion passed.
5.Approval of Rates for Police and Fire Services Provided to the City of Landfall for 2012
Councilmember Juenemannmoved toapprove the Rates for Police and Fire Services Provided to
the City of Landfall for 2012.
Seconded by Councilmember KoppenAyes–All
The motion passed.
6.Consider Approval of Contractwith Charles Bethel for 2012 Human Resources
Attorney Services
Councilmember Juenemannmoved toapprove the Contract with Charles Bethel for 2012
Seconded by Councilmember KoppenAyes–All
The motion passed.
7.Approval of Resolution Accepting Donation from Home Depot for Public Works
Mayor Rossbach gave a brief report on the donation from Home Depot with Deputy Public Works
Director Thompson giving additional information.
Councilmember Juenemannmoved toapprove the Resolution Accepting a Donation from Home
Depot for Public Works.
Seconded by Councilmember KoppenAyes–All
The motion passed.
8.Approval of Stop Sign Policy Revision
Deputy Public Works Director Thompson gave a brief report to the council.
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Councilmember Juenemannmoved toapprove the Stop Sign Policy Revision.
Seconded by Councilmember KoppenAyes–All
The motion passed.
9.Project Update, July 16th Storm Clean-up and Investigation, City Project 11-19
th
Deputy Public Works Director Thompson updated the council on the July 16Storm Clean-up and
Investigation, City Project 11-19.
10.Conditional Use Permit Review for Rolling Hills Manufactured Home Park, 1316
Pearson Drive
Deputy Public Works Director Thompson answered questions of the council.
Councilmember Juenemannmoved toapprove the Conditional UsePermit Review for Rolling Hills
Manufactured Home Park, 1316 Pearson Drive.
Seconded by Councilmember KoppenAyes–All
The motion passed.
11.Acceptance of Grants to Attend the International Green Code Council Final Action
Hearings
Assistant City Manager Ahl presented the staff report.
Councilmember Juenemannmoved toapprove the Acceptance of Grants to Attend the International
Green Code Council Final Action Hearings.
Seconded by Councilmember KoppenAyes–All
The motion passed.
12.Consider Resolution Adopting 2012 Rates for Utilities
Councilmember Juenemannmoved toapprove the Resolution Adopting 2012 Rates for Utilities.
RESOLUTION11-10-632
ADOPTION OF THE 2012 RATES FOR UTILITIES:
SANITARY SEWER
ENVIRONMENTAL UTILITY (STORM WATER)
WATER SURCHARGE (NST PAUL and ST PAUL)
WHEREAS, the City of Maplewood has established utility rates, and
WHEREAS, city staff has reviewed the utility rates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1.The updated sanitary sewer rates with a 3% increase shall become effective beginning January
1, 2012, with fees set as follows:
St. Paul Billing District:
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Rate per 100 cubic feet$2.82
Minimum Charge (per quarter) $15.86
North St. Paul, Roseville, Little Canada andWoodbury Billing Districts:
Rate per 1,000 gals.$3.77
Minimum Charge (per quarter)$15.86
2.The updated Environmental Utility Fund rates with a 10% increase shall become effective
beginning January 1, 2012, with quarterly rates set at $18.84 ($6.28 per month).
3.The updated water surcharge rates for the North St. Paul Water District shall become effective
beginning January 1, 2012, with fees set as follows:
$1.20 per account per month
4.The updated water surcharge rates for the St. Paul Water District shall become effective
beginning January 1, 2012, with fees set as follows:
4.4% of the St. Paul water charge.
5.The updated utility rates are approved for all related services received on or after January 1,
2012.
6.The rates shown will be reviewed by staff on an annual basis with recommendations for revisions
brought to the city council for consideration.
Seconded by Councilmember KoppenAyes–All
The motion passed.
H.PUBLIC HEARING
None.
I.UNFINISHED BUSINESS
Councilmember Nephew made a motion to suspend the rules to hear item J2 Consider 2012
Charitable Gambling Funds Request now out of order on the agenda.
Seconded by Councilmember KoppenAyes–All
The motion passed.
1.Design Plan Revision for Dearborn Meadow Twin Home on Castle Drive, East of White
Bear Avenue
City Planner Ekstrand presented the staff report and answered questions of the council.
Councilmember Llanasmoved to approve the Design Plan Revision for Dearborn Meadow Twin
Home on Castle Drive, East of White Bear Avenue.
Seconded by Councilmember JuenemannAyes–All
The motion passed.
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2.Trash Collection System Analysis -Request for Authorization to Negotiate a Draft
Trash Collection Contract with the Top Ranked Proposer
Environmental Planner Shann Finwall presented the staff report and answered questions of the
council.
The following people spoke:
1.Ginny Yingling, Maplewood
2.Diana Longrie, Maplewood
3.Bob Zick, North St. Paul
Councilmember Llanasmoved toauthorize staff to negotiate with Allied Waste Services for City-
wide Residential Trash Collection Services. This recommendation and the evaluation process are
consistent with the requirements of the City’s RFP. If City staff and Allied Waste Services are
unable to negotiate the details of a final draft contract based on the RFP and Allied’s proposal, then
City staff should have the authority to end negotiations with Allied and begin negotiations with the
second ranked proposer, and so on, as outlined in the RFP.
Seconded by Councilmember JuenemannAyes–Councilmembers Juenemann, Llanas,
Nephew and Mayor Rossbach
Nays–Councilmember Koppen
The motion passed.
3.Renewable Energy Ordinance –Second Reading
Environmental Planner Shann Finwall presented the staff report and answered questions of the
council.
Councilmember Nephewmoved toapprove the Renewable Energy Ordinance –Second Reading
with the changing of the wording for Building-Integrated Photovoltaic System to Building-Integrated
Solar Systemson page 10 Section 4.a. and page12 Section 4.c.4.b. of the ordinance.
ORDINANCE NO.914
AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING
RENEWABLE ENERGY SYSTEMS (Wind, Solar, Geothermal)
(Changes made by the City Council during the second reading or required for clarification
based on changes made are underlined if added and stricken if deleted)
The Maplewood City Council approves the following addition to the Maplewood Code of Ordinances.
This ordinance creates a new renewable energy ordinance which will be placed in the Environment
Chapter (Chapter 18) of the city code.
Section 1. Scope.
This ordinance applies to the regulations of on-site renewable energy systems within the City of
Maplewood, Ramsey County, MN. The ordinance focuses on wind turbines, solar systems, and
geothermal ground-source heat pumps which are located on the site for which the generation of
energy will be used, with excess energy distributed into the electrical grid.
Section 2. Purpose and Intent.
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It is the goal of the city to provide a sustainable quality of life for the city’s residents, making careful
and effective use of available natural resources to maintain and enhance this quality of life. Cities
are enabled to regulate land use under Minnesota Statutes 394 and 462 for the purpose of
“promoting the health, safety, morals, and general welfare of the community.
As part of this regulatory power, Maplewood believes it is in the public interest to encourage
renewable energy systems that have a positive impact in energy conservation, with limited adverse
impact on the community. While Maplewood strongly encourages increased energy conservation
and improved energy efficiency, the city also finds that increased use of appropriate renewable
energy systems will be an important part of improving urban sustainability.
The renewable energy regulations are intended to supplement existing zoning ordinances and land
use practices, and ensure these systems are appropriately designed, sited and installed. These
regulations are in place to balance the need to improve energy sustainability through increased use
of renewable energy systems with concerns for preservation of public health, welfare, and safety, as
well as environmental quality, visual and aesthetic values, and existing neighborhood social and
ecological stability. With these regulations, Maplewood is concerned that renewable energy
systems, particularly wind energy systems, be designed to minimize the negative impacts on bird
and bat species which are vulnerable to mortality from these energy gathering machines.
Section 3. Wind Energy Sources and Systems
a.Definitions, Wind Energy Sources and Systems
The following words, terms and phrases, when used in this Section, shall have the meaning
provided herein, except where the context clearly indicates otherwise:
Feeder Line. Any power line thatcarries electrical power from one or more wind turbines or indi-
vidual transformers associated with an individual wind turbine to the point of interconnection with the
electric power grid. In the case of interconnection with the high voltage transmissionsystems the
point of interconnection shall be the substation serving the WECS.
Front Yard. A front yard is any part of a yard located between a structure and a street right-of-way
line. A corner lot shall have a front yard on each street frontage.
Ground mounted WECS. Freestanding WECS mounted to the ground with footings or other
apparatus.
Large WECS. A WECS of equal to or greater than 100 kW in total nameplate generating capacity.
The energy must be used on-site with excess energy distributed into the electrical grid. Large
WECS are limited to one-hundred twenty five (125) feet in height.
Property Line.The boundary line of the area over which the entity applying for WECS permit has
legal control for the purposes of installation of a WECS. This control may be attained through fee
title ownership, easement, or other appropriate contractual relationship between the project
developer and landowner.
Rear Yard. A rear yard is the yard that is opposite and most parallel to the front yard.
Roof Mounted WECS. AWECS utilizing a turbine mounted to the roof of a structure.
Side Yard. A side yard is any yard between any part of a structure and the side property line.
Significant Tree. Any tree defined as a Significant Tree in the city’s tree preservation ordinance.
means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous
trees, eight (8) inches in diameter for coniferous/evergreen trees, twelve (12) inches diameter for
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softwood deciduous tree, and specimen tree ofany species twenty-eight (28) inches in diameter or
greater as defined herein. Buckthorn or others noxious woody plants as determined by the city not
considered a significant tree species at any diameter.
Small WECS. A WECS of less than 100kW in total nameplate generating capacity. The energy
must be used on-site with excess energy distributed into the electrical grid. Small WECS are limited
to sixty (60) feet in height.
Tower. Vertical structures that support the electrical generator, rotor, and blades, or the
meteorological equipment.
Tower Height. The total height of the WECS, including tower, rotor, and blade to its highest point of
travel.
Turbine Cut-In Speed. The lowest wind speed at which turbines generate power to the utility
system.
Wind Energy. Kinetic energy present in wind motion that can be converted into electrical energy.
WECS. A Wind Energy Conversion System which is an electrical generating facility comprised of
one or more wind turbines and accessory facilities, including butnot limited to, power lines,
transformers, substations and metrological towers that operate by converting the kinetic energy of
wind into electrical energy. The energy must be used on-site with excess energy distributed into the
electrical grid.
Wind Energy System.An electrical generating facility that consists of a wind turbine associated
controls and may include a tower.
Wind Turbine. A wind turbine is any piece of electrical generating equipment that converts the
kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to
capture the wind.
Zoning Official. Zoning official is any person designated by the city manager to administer and
enforce the city’s zoning code.
b.WECS Districts
1.Large WECS Districts.
(a)Ground and Roof Mounted Large WECS shall be allowed with approval of a conditional
use permit as outlined in section d (conditional use permit procedure) in the following
zoning districts and land use designations:
(1)In all properties located incommercial zoning districts (Heavy Manufacturing, Light
Manufacturing, Business Commercial, Business Commercial Modified, Limited
Business Commercial, Commercial Office, Neighborhood Commercial, Shopping
Center).
(2)In all properties located in multiple dwelling residential zoning districts (Multiple
Dwelling Residential and Multiple Dwelling Residential Townhouse) for purposes of
shared WECS energy production among the residential dwelling units.
(3)In all properties approved as a planned unit development for purposes of shared
WECS energy production among the businesses/organizations, residential dwelling
units, or adjoining businesses/organizations/residential dwelling units.
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(4)In all properties guided as Government or Institutional in the city’sLand Use
Designations of the Comprehensive Plan.
(b)Ground and Roof Mounted Large WECS shall be prohibited in all properties guided as
park or open space in the city’s Land Use Designations of the Comprehensive Plan.
2.Small WECS Districts.
(a)Roof Mounted Small WECS shall be deemed permissible in all zoning districts.
(b)Ground Mounted Small WECS shall be deemed an accessory structure, permissible in
the following zoning districts and land use designations:
(1)In all properties located in commercial zoning districts (Heavy Manufacturing, Light
Manufacturing, Business Commercial, Business Commercial Modified, Limited
Business Commercial, Commercial Office, Neighborhood Commercial, Shopping
Center).
(2)In all properties located in multiple dwelling residential zoning districts (Multiple
Dwelling Residential and Multiple Dwelling Residential Townhouse) for purposes of
shared WECS energy production among the residential dwelling units.
(3)In all properties approved as a planned unit developmentfor purposes of shared
WECS energy production among the businesses/organizations, residential dwelling
units, or adjoining businesses/organizations/residential dwelling units.
(4)In all properties guided as Government or Institutional in the city’s LandUse
Designations of the Comprehensive Plan.
(5)In all properties guided as park in the city’s Land Use Designations of the
Comprehensive Plan.
(c)Ground Mounted Small WECS shall be deemed an accessory structure, permissible in
double or single dwelling residential zoning districts if the following neighborhoodconsent
requirements are met:
Written consent of one hundred (100) percent of the owners or occupants of privately or
publicly owned real estate that are located adjacent (i.e., sharing property lines) on the
outer boundaries of the premises for which the permit is being requested, or in the
alternative, proof that the applicant’s property lines are one-hundred fifty (150) feet or
more from any house.
Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner or manager, or other person
in charge of the building. Such written consent shall be required on the initial application
and as often thereafter asthe officer deems necessary.
c.Placement and Design
1.Ground Mounted WECS.
(a)Height
(1)Large WECS shall have a total height, including tower and blade to its highest point
of travel, of no more than one-hundred twenty-five (125) feet.
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(2)Small WECS shall have a total height, including tower and blade to its highest point of
travel, of no more than sixty (60) feet.
(b)Placement
(1)Large WECS shall be located as follows:
a)Shall not be located between a principal structure and a public street, unless the
city determines that such a location would lessen the visibility of the Large WECS
or would lessen the negative impacts of such a WECS on nearby properties.
b)Have a minimum setback distance from the base of the monopole of one (1) times
the height from any property line, electric substation, transmission line, or other
WECS. In addition, the setback distance must be increased by twenty-five (25)
feet from any property that is zoned or planned for residential.
c)Have a minimum setback distance from the base of the monopole of one and
one-half (1-1/2) times the height from any public right of way, occupied structure,
or public use area.
d)Have a minimum setback distance from the base of the monopole of six hundred
(600) feet from any propertyguided as park or open space in the city’s Land Use
Designations of the Comprehensive Plan.
e)Have a minimum setback distance from the base of the monopole of one-fourth
(¼) mile or one thousand three hundred and twenty (1,320) feet from any bluff.
(2)Small WECS shall be located
a)Shall not be located between a principal structure and a public street, unless
the city determines that such a location would lessen the visibility of the Small
WECS or would lessen the negative impacts of such a WECS onnearby
properties.
b)Have a minimum setback distance from the base of the monopole of one (1)
times the height from any property line, public right-of-way, electric substation,
transmission line, or other WECS.
(c)Number
(1)Large WECS. One (1)large WECS shall be allowed on a single lot of one (1) to five
(5) acre(s). All other larger parcels will be limited to one (1) large WECS per five (5)
acres of land area.
(2)Small WECS. One (1) small WECS shall be allowed on a single lot up to one (1) acre
in size. All other larger parcels will be allowed one (1) small WECS per five (5) acres
of land area.
(d)Design
(1) Tower Configuration. All ground mounted WECS shall:
a)Be installed with a tubular, monopole type tower.
b)Have no guyed wires attached to the tower or other components.
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c)Have no ladder, step bolts, rungs, or other features used for tower access to
extend within eight (8) feet of the ground. Lattice-style towers shall have a
protective barrier to prevent unauthorized access to the lower eight (8) feet of the
tower.
(2)Signs. A WECS operator is required to provide a single posting, not to exceed four
(4) square feet, at the base of a WECS prohibiting trespassing, warning of high
voltage, and providing the emergency contact information for the operator.
2.Roof Mounted WECS.
(a)Height
(1)Large Roof Mounted WECS:
a)Total height of not more than twenty-five (25) feet, measured from the top of the
roof to the blade tip at its highest point of travel.
(2)Small Roof Mounted WECS:
a)Total height of not more than twenty-five (25) feet, measured from the top of the
roof to the blade tip at its highest point of travel.
b)Residential Installation: In addition to the twenty-five (25) foot height restriction
for the Small Roof Mounted WECS, the height of the WECS and the structure on
which it is attached must not exceed the maximum height allowed in the
residential zoning district for which it is installed.
(b)Placement
Roof mounted WECS must be erected above the roof of a building or structure. The
mounts associated with the WECS may extend onto the side of the building or structure.
(c)Number
(1)Large Roof Mounted WECS. The maximum number of Large Roof Mounted WECS
shall be approved through the conditional use permit process.
(2)Small Roof Mounted WECS. No more than three (3) roof mounted Small WECS shall
be installed on any rooftop.
d.Conditional Use Permit Procedure.
Procedures for granting conditional use permits from this
ordinance are as follows:
1.The city council may approve conditional use permit requirements in this ordinance.
2.Before the city council acts on a conditional use permit the environmental and natural
resources commission and the planning commission will make a recommendationto the city
council.
3.In reviewing the conditional use permit the environmental and natural resources commission,
planning commission, and city council will follow the requirements for conditional use permit
approvals as outlined in Article V (conditional use permits).
e.General Standards
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1.The following provisions will apply to all WECS erected under the provisions of this
ordinance:
(a)Noise: Have a maximum noise production rating of fifty-five (55) dB fifty (50) dBA and
shall conform to this standard under normal operating conditions as measured at any
property line.
(b)Over Speed Controls: Shall be equipped with manual and automatic over speed controls
to limit the blade rotation within design specifications.
(c)Lighting: Have no installed or accessory lighting, unless required by federal or state
regulations.
(d)Intent to Install: Prior to the installation or erection of a WECS, the operator must provide
evidence showing their regular electrical service provider has been informed of the
customer’s intent to install an interconnected, customer-owned generator. Off-grid
systems shall be exempt from this requirement.
(e)Signs: The placement of all other signs, postings, or advertisements shall be prohibited
on the units. This restriction shall not apply to manufacturer identification, unit model
numbers, and similar production labels.
(f)Commercial Installations: All WECS shall be limited to the purpose of on-site energy
production, except that any additional energy produced above the total on-site demand
may be sold to the operator’s regular electrical service provider in accordance with any
agreement provided by the same or applicable legislation.
(g)Feeder Lines: Any lines accompanying a WECS, other than those contained within the
WECS’ tower or those attached to on-site structures by leads, shall be buried within the
interior of the subject parcel, unless there are existing lines in the area which the lines
accompanying a WECS can be attached.
(h)Clearance: Rotor bladesor airfoils must maintain at least 20 feet of clearance between
their lowest point and the ground.
(i)Blade Design: The blade design and materials must be engineered to insure safe
operation in an urban area.
(j)Energy Storage: Batteries or other energy storage devices shall be designed consistent
with the Minnesota Electric Code and Minnesota Fire Code.
2.In addition to the provisions outlined in Section 3, item e(1) above, the following provisions
will apply to large WECS erected under the provisions of this ordinance:
(a)Color: Turbine paint color and high levels of ultraviolet and infrared components of paint
could have an impact on the attraction of insect species to the structure, which may
attract birds and bats and cause bird and bat mortality. As such, turbine paint color may
be approved as part of the conditional use permit process and must be shown to reduce
the negative impacts to birds and bats and be a non-obtrusive color so not to cause
negative visual impacts to surrounding properties.
(b)Warnings: A sign or signs shall be posted on the tower, transformer and substation
warning of high voltage. Signs with emergency contact information shall also be posted
on the turbine or at another suitable point.
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(c)Environmental Standards: The applicant shall provide the following information in the
conditional use permit application. The information will be evaluated in meeting the
criteria of a conditional use permit for purposes of minimizingimpacts on the
environment:
(a)Natural Heritage Review by the Minnesota Department of Natural Resources.
(b)Lands guided as park or open space in the city’s Land Use Designation of the
Comprehensive Plan that are located within one (1) mile of the project.
(c)Conservation easements and other officially protected natural areas within a quarter
mile of the project.
(d)Shoreland, Mississippi Critical Area, Greenways, wetland buffers, wildlife corridors
and habitat complexes.
(e)All significant trees impacted by the project.
(f)Aplan for turbine-cut in speed strategies where feasible in order to reduce bird and
bat deaths. Studies have shown that bird and bat fatalities would be significantly
reduced by changing turbine cut-in speed and reducing operational hours during low-
windperiods, evening hours (one-half hour before sunset to one-half hour after
sunrise-only in spring, summer, and early fall), and migration times in spring and fall.
3.In addition to the provisions outlined in Section 3, item e(1) above, the following provisions
will apply to small WECS erected under the provisions of this ordinance:
(a)Color: Turbine paint color must be a non-obtrusive color so not to cause negative visual
impacts to surrounding properties.
f.Abandonment
A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve
(12) consecutive months, and which is not brought in operation within the time specified by the
city after notification to the owner or operator of the WECS, shall be presumed abandoned and
may be declared a public nuisance subject to removal at the expense of the operator.
Section 4. Solar Energy Sources and Systems
a.Definitions, Solar Energy Sources and Systems
The following words, terms and phrases, when used in this Section,shall have the meaning
provided herein, except where the context clearly indicates otherwise:
Building-Integrated Solar Photovoltaic System. An active solar system that is an integral part of
a principal or accessory building, rather than a separate mechanical device, replacing or
substituting for an architectural or structural component of the building. Building-integrated
systems include, but are not limited to, photovoltaic or hot water solar systems that are contained
within roofing materials, windows, skylights, and awnings.
Ground Mounted Panels. Freestanding solar panels mounted to the ground by use of stabilizers
or similar apparatus.
Photovoltaic System. An active solar energy system that converts solar energy directly into
electricity.
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Roof or Building Mounted SES. Solar energy system (panels) that are mounted to the roof or
buildingusing brackets, stands or other apparatus.
Roof Pitch. The final exterior slope of a building roof calculated by the rise over the run,
typically, but not exclusively, expressed in twelfths such as 3/12, 9/12, 12/12.
Solar Access. A view of the sun, from any point on the collector surface that is not obscured by
any vegetation, building, or object located on parcels of land other than the parcel upon which
the solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard time on any
day of the year.
Solar Collector. A device, structure or a part of a device or structure for which the primary
purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical
energy.
Solar Energy. Radiant energy received from the sun that can be collected in the form of heat or
light by a solar collector.
Solar Energy System (SES). An active solar energy system that collects or stores solar energy
and transforms solar energy into another form of energy or transfers heat from a collector to
another medium using mechanical, electrical, or chemical means.
Solar Hot Water System. A system that includes a solar collector and a heat exchanger that
heats or preheats water for building heating systems or other hot water needs, including
residential domestic hot water and hot water for commercial processes.
Zoning Official. Zoning official is any person designated by the citymanager to administer and
enforce the city’s zoning code.
b.Districts
Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts.
c.Placement and Design
1.Height
(a)Roof or building mounted SES shall not exceed the maximum allowed height in any
zoning district. For purposes for height measurement, solar systems other than building-
integrated solar systems shall be considered to be mechanical devices and are restricted
consistent with other building-mounted mechanical devices.
(b)Ground mounted SES shall not exceed the height of an allowed accessory structure
within the zoning district, or fifteen (15) feet in height, whichever is greater, when oriented
at maximum tilt.
2.Placement
(a)Ground mounted SES must meet the accessory structure setback for the zoning district
in which it is installed.
(b)Roof or Building Mounted SES. The collector surface and mounting devices for roof or
building mounted SES shall not extend beyond the required building setbacksof the
building on which the system is mounted.
3.Coverage
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Ground mounted SES may not exceed the area restrictions placed on accessory structures
within the subject zoningdistrict.
4.Visibility
(a)SES shall be designed to blend into the architecture of the building or be screened from
routine view from public right-of-ways other than alleys. The color of the solar collector is
not required to be consistent with other roofing materials.
(b)Building Integrated Solar Photovoltaic Systems -Building integrated photovoltaic solar
systems shall be allowed regardless of visibility, provided the building component in
which the system is integrated meets all required setback, land use or performance
standards for the zoning district in which the building is located.
(c)Ground mounted SES shall be screened from view to the extent possible without
reducing their efficiency. Screening may include walls, fences, or landscaping.
d.General Standards
1.Notification. Prior to the installation or erection of a SES, the operator must provide evidence
showing their regular electrical service provider has been informed of the customer’s intent to
install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this
requirement.
2.Feeder lines. Any lines accompanying a SES, other than those attached to on-site structures
by leads, shall be buried within the interior of the subject parcel,unless there are existing
lines in the area which the lines accompanying an SES can be attached.
3.Commercial. All SES shall be limited to the purpose of on-site energy production, except
that any additional energy produced above the total onsite demand may be sold to the
operator’s regular electrical service provider in accordance with any agreement provided by
the same or applicable legislation.
4.Restrictions on SES Limited. No homeowners’ agreement, covenant, common interest
community, or other contract between multiple property owners within a subdivision of
Maplewood shall restrict or limit solar systems to a greater extent than Maplewood’s
renewable energy ordinance.
5.Maplewood encourages solar access to be protected in all new subdivisions and allows for
existing solar to be protected consistent with Minnesota Statutes. Any solar easements filed,
must be consistent with Minnesota Statutes, Chapter 500, Section 30.
e.Abandonment
A SES that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12)
consecutive months, and which is not brought in operationwithin the time specified by the city,
shall be presumed abandoned and may be declared a public nuisance subject to removal at the
expense of the operator.
Section 5. Geothermal Energy Sources and Systems
a.Definitions, Geothermal Energy Sources and Systems
The following words, terms and phrases, when used in this Section, shall have the meaning
provided herein, except where the context clearly indicates otherwise:
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Closed Loop Ground Source Heat Pump System. A system that circulates a heat transfer fluid,
typically food-grade antifreeze, through pipes or coils buried beneath the land surface or
anchored to the bottom in a body of water.
Geothermal Energy. Renewable energy generated from the interior of the earth and used to
produce energy for heating buildings or serving building commercial or industrial processes.
Ground Source Heat Pump System (GSHPS). Asystem that uses the relatively constant
temperature of the earth or a body of water to provide heating in the winter and cooling in the
summer. System components include closed loops of pipe, coils or plates; a fluid that absorbs
and transfers heat; and a heat pump unit that processes heat for use or disperses heat for
cooling; and an air distribution system. The energy must be used on-site.
Heat Transfer Fluid. Anon-toxic and food grade fluid such as potable water, aqueous
solutions of propylene glycol not to exceed twenty percent (20%) by weight or aqueous solutions
of potassium acetate not to exceed twenty percent (20%) by weight.
Stormwater Pond. These are ponds created for stormwater treatment. A stormwater pond shall
not include wetlands created to mitigate the loss of other wetlands.
b.Districts
Ground source heat pump systems (GSHPS) shall be deemed an accessory structure,
permissible in all zoning districts.
c.Placement and Design
1.Placement
(a)All components of GSHPS including pumps, borings and loops shall be set back at least
five (5) feet from interior and rear lot lines.
(b)Easements. All components of GSHPS shall not encroach on easements.
(c)GSHPS are prohibited in surface waters, except for stormwater ponds where they are
permitted.
2.Design
(a)Only closed loop GSHPS utilizing Minnesota Department of Health approved heat
transfer fluids are permitted.
(b)Screening. Ground source heat pumps are considered mechanical equipment and
subject to the requirements of the city’s zoning ordinance.
d.General Standards
1.Noise. GSHPS shall comply with Minnesota Pollution Control Agency standards outlined in
MinnesotaRules Chapter 7030.
e.Abandonment
A GSHPS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve
(12) consecutive months, and which is not brought in operation within the time specified by the
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city after notificationto the owner or operator of the GSHPS, shall be presumed abandoned and
may be declared a public nuisance subject to removal at the expense of the operator.
Section 6. General Ordinance Provisions
a.Interpretation
In interpreting this ordinance and its application, the provisions of these regulations shall be held
to be the minimum requirements for the protection of public health, safety and general welfare.
This ordinance shall be construed broadly to promote the purposes for which it was adopted.
b.Conflict
This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule or
regulation, statute or other provision of law except as provided herein. If any provision of this
ordinance imposes restrictions different from any other ordinance, rule or regulation, statute or
provision of law, the provision that is more restrictive or imposes high standards shall control.
c.Severability
If any part or provision of this ordinance or its application to any developer or circumstance is
judged invalid by any competent jurisdiction, the judgment shall be confined in its operation to
the part, provision or application directly involved in the controversy in which the judgment shall
be rendered and shall not affect or impair the validity of the remainder of these regulations or the
application of them to other developers or circumstances.
Section 7. Ordinance Placement
The ordinance places all environmental ordinances under the Environment Chapter (Chapter 18) by
adding Article V (Environmental Protection and Critical Areas) and including the following ordinances
under the new Article: wetlands and streams, tree protection, slopes, Mississippi Critical Area,
Flood Plain Overlay District, Shoreland Overlay District, and Renewable Energy. Following is the
revised Chapter 18 Article headings (additions are underlined):
Chapter 18
ENVIRONMENT
Article I.In General
-
Sec. 18-118-25. Reserved.
Article II.Nuisances
Division 1.Generally
Sec. 18-26Unlawful to cause, create or commit.
Sec. 18-27Common law and statutory nuisances adopted byreference.
Sec. 18-28Unlawful to permit; cellars, drains cesspools or sewers.
Sec. 18-29Rental agents to disclose name of owner or principal to city manager upon request.
Sec. 18-30Public nuisances generally.
Sec. 18-31Nuisances affecting health, safety, comfort or repose.
Sec. 18-32Nuisances affecting morals and safety.
Sec. 18-33Enforcement of article generally.
Sec. 18-34Continuing violations.
Sec. 18-35Notice to abate.
Sec. 18-36Abatement by council.
Sec. 18-37Abatement on premises.
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Sec. 18-38Violations of article.
Sec. 18-39Loitering.
Sec. 18-40-18-65. Reserved.
Division 2.Abandoned Motor Vehicles
Sec. 18-66Purpose.
Sec. 18-67Definitions.
Sec. 18-68Violation.
Sec. 18-69Taking into custody and impoundment.
Sec. 18-70Certain vehicles declared nuisances; abatement; removal.
Sec. 18-71Immediate sale of certain vehicles.
Sec. 18-72Additional remedies.
Sec. 18-73Police reports.
Sec. 18-74Notice to owner and lienholders.
Sec. 18-75Reclamation by owner or lienholder; preservation of lien rights.
Sec. 18-76Sale of vehicle.
Sec. 18-77Designation of poundkeeper.
Sec. 18-78Bond of poundkeeper.
Sec. 18-79Insurance of poundkeeper.
Sec. 18-80Towing and storage charges generally.
Sec. 18-81Release of vehicle and service fee before vehicle towed away.
Sec. 18-82Abatement of towing and storage charges.
Sec. 18-83Release of vehicles.
Sec. 18-84Release form.
Sec. 18-85Police records.
Sec. 18-86-18-110. Reserved.
Division 3.Noise Control
Sec. 18-111Prohibition generally; exception.
Sec. 18-112Construction activities.
Sec. 18-113Enforcement.
Sec. 18-114-18-140. Reserved.
Article III.Erosion and Sedimentation Control
Sec. 18-115Purpose.
Sec. 18-116Scope.
Sec. 18-117Erosion and sediment control plan.
Sec. 18-118Review of plan.
Sec. 18-119Modification of plan.
Sec. 18-120Escrow requirement.
Sec. 18-121Enforcement; penalty.
Sec. 18-122-18-175. Reserved.
Article IV.Air Pollution Control
Sec. 18-176Short title.
Sec. 18-177State regulations adopted.
Sec. 18-178Approval required to start fire.
Sec. 18-179Penalties for violations.
Sec. 18-180-18-XXX. Reserved.
Article V.Environmental Protection and Critical Areas
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Division 1.Stormwater Management
Division 2.Wetlands and Streams
Division 3.Tree Protection
Division 4.Slopes
Division 5.Mississippi Critical Area
Division 6.Flood Plain Overlay District
Division 7.Shoreland Overlay District
Division 8.Renewable Energy
The city council approved the first reading of this ordinance on September 26, 2011.
The city council approved the second reading of this ordinance on October 10, 2011.
Signed:
Will Rossbach, MayorDate
Attest:
Karen Guilfoile, City Clerk
Seconded by Councilmember KoppenAyes–All
The motion passed.
J.NEW BUSINESS
1.Conditional Use Permit for LaMettry Collision Auto Repair, North of 2923 Maplewood
Drive
City Planner Ekstrand presented the staff report and answered questions of the council. Co-owner
of LeMettry Collision,Richards LaMettry,addressed the council and answered questions of the
council.
Councilmember Nephewmoved to approve the Conditional Use Permit for LaMettry Collision Auto
Repair, North of 2923 Maplewood Drive with the Design Review Board’s recommendations.
Seconded by Councilmember KoppenAyes–All
The motion passed.
2.Consider 2012 Charitable Gambling Funds Request–this item was moved to be heard
before I1 in Unfinished Business.
Assistant City Manager Ahl presented the staff report and answered question of the council. One of
theboy scouts addressed the council toexplained their useof the funds if they were to be awarded
the funds. Scout Leader Kevin Otto addressed the council to explain how the funds were used last
year and further reiterate their needs for the funds this year.
3.Consider Formation of an Audit Committee to Select an Audit Firm
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Assistant City Manager Ahl presented the staff report.
Councilmember Nephewmoved to appoint councilmember Llanas to the Audit Committee.
Seconded by Councilmember JuenemannAyes–All
Themotion passed.
4.East Metro Public Safety Training Facility, City Project 09-09, Resolution Authorizing
Consulting Services and Establishing Project Budget
Assistant Public Works Director Thompson presented the staff report.
Councilmember Nephewmoved to approve the Resolution Authorizing Consulting Services and
Establishing a Project Budget.
RESOLUTION 11-10-633
AUTHORIZING CONSULTING SERVICES AND
ADOPTING PROJECT BUDGET
WHEREAS, the City has received $3,000,000 and $450,000 from the bonding bill and
RamseyCounty respectively, and the City intends to move forward with the implementation of the
East Metro Public Safety Training Facility Improvements, City Project 09-09.
AND WHEREAS, consulting services are needed for the next phase of the improvement
project, and SEH, Inc. has provided previous work on this project and has presented a work order to
continue project implementation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1.The City’s consultant, SEH, Inc. is thedesignated firm for the next phase of implementation
and the City will execute the attached work order estimated in an amount of $110,000 in order to
begin said work plan.
2.The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. A project budget of $3,700,000 shall be established.
The proposed financing plan is as follows:
State Bonding Bill -$3,000,000
County ERF Grant -$450,000
City EUF Fund -$250,000
th
Adopted by the City Council this 10day of October 2011.
Seconded by Councilmember JuenemannAyes–All
The motion passed.
5.Holloway Avenue and Stanich Highlands Area Improvements, City Project 09-13,
Resolution Accepting Assessment Roll and Calling for Re-Assessment Public Hearing
for November 14, 2011
Assistant Public Works Director Thompson presented the staff report and answered questions of the
council.
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Councilmember Juenemannmoved to approve the Resolution Accepting Assessment Roll and
Calling for Re-Assessment Public Hearing for November 14, 2011 for Holloway Avenue and Stanich
Highlands Area Improvements, City Project 09-13.
RESOLUTION 11-10-634
ACCEPTING ASSESSMENT ROLL AND
ORDERING ASSESSMENT HEARING FOR REASSESSMENT
WHEREAS, the clerk and the city engineer have, atthe direction of the council, prepared an
assessment roll for the re-assessment of three residential properties within the Holloway Avenue
and Stanich Highlands Area Improvement Area, City Project 09-13, and the said assessment roll is
on file in the office of the city engineer;
WHEREAS, a Public Hearing was held on July 13, 2009 and project was ordered to proceed;
and
WHEREAS, all benefiting property owners were mailed notice of the assessment amount
and date and time of the hearing and the Assessment Hearing was held September 28, 2009; and
WHEREAS, the City received objections from the following three residential property owners:
1)Paul Berglund, 1929 Kingston Avenue East
2)Kathleen Susan Haley, 1930 Kingston Avenue East
3)Margaret Ellen Haggerty, 1935 Kingston Avenue East
WHEREAS, the appeal by subject properties was heard by Ramsey County District Court
and order of judgment calls for Reassessment as providedin Minn. Stat. 429.071; and
WHEREAS, the City intendstoreassess subject properties above accordingly.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1.A hearing shall be held on the 14th day of November, 2011, at the city hall at 7:00 p.m. to
pass upon such proposed reassessment and at such time and place all persons owningproperty
affected by such improvement will be given an opportunity to be heard with reference to such
reassessment.
2.The city clerk is hereby directed to cause a notice of the hearing on the proposed
reassessment to be published in the official newspaper, at least two weeks prior to the hearing, and
to mail notices to the owners of all property affected by said reassessment.
3.The notice of hearing shall state the date, time and place of hearing, the general nature of
the improvement, the area to be reassessed, that the proposed assessment roll is on file with the
clerk and city engineer, and that written or oral objections will be considered.
4.The owner of any property so assessed may, at any time prior to certification of the
reassessment to the county auditor, pay the whole of the reassessment on such property, with
interest accrued to the date of payment, to the City of Maplewood, except that no interest shall be
charged if the entire reassessment is paid within 30 days from the adoption of the reassessment.
Owner may at any time thereafter pay to the City of Maplewood the entire amount of the
reassessment remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made before December 15 or interest will be charged
through December 31 of the succeeding year.
th
Adopted by the City Council this 10day of October 2011.
Seconded by Councilmember NephewAyes–All
The motion passed.
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K.VISITOR PRESENTATIONS
1.Diana Longrie, Maplewood
2.Mark Bradley, Maplewood
3.Bob Zick, North St. Paul
L.AWARD OF BIDS
None.
M.ADMINISTRATIVE PRESENTATIONS
None.
N.COUNCIL PRESENTATIONS
1.Councilmember Nephew spoke about the grand reopening of the Maplewood Community
Center and encouraged everyone to attend.
2.Councilmember Juenemann reminded everyone about the City-wideClean-up Day and food
drive for Second Harvest Heartland scheduled for Saturday, October 15 from 8:00 a.m. to
1:00 p.m. at Aldrich Arena.
3.Councilmember Koppen requested to discuss ways charitable gambling funds are distributed
at a future workshop.
O.ADJOURNMENT
Mayor Rossbachadjourned the meeting at9:47p.m.
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