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HomeMy WebLinkAbout2001 04-23 City Council PacketNo Pre- Agenda Meeting Council/Manager Workshop - 6:00 P.M. AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 23, 2001 Council Chambers, Municipal\ Building Meeting No. 01 -09 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes of Meeting 01 -08 (April 9, 200 1) 2. Minutes of Council/Manager Workshop Meeting (April 9, 200 1) E. APPROVAL OF AGENDA F. APPOINTMENTS /PRESENTATIONS None G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Transfer to Close Debt Service Fund for 1977 Bond Issue 3. Transfer to Close Debt Service Fund for 1991 Bond Issue 4. Approve Payment for City Logo on Cope Water Tower 5. Increase Budget for Temporary Engineering Intern Positions 6. Surplus Property 7. Human Relations Commission Annual Report 8. National Night Out - Food Vendors H. PUBLIC HEARINGS 1. 7:00 P.M. Tilsen South Neighborhood Streets, Project 00 -04 2. 7:15 P.M. Residential Parking Ordinance Amendment (First Reading) I. AWARD OF BIDS 1. Tilsen South Neighborhood Streets, Project 00 -04 J. UNFINISHED BUSINESS 1. Antenna and Tower Ordinance Amendment (Second Reading) K. NEW BUSINESS 1. Schedule Meeting to Review 2000 Annual Financial Report and Audit Reports . . p 2. Receive Petition for Roadway Improvements to Bush Avenue and Authorize Preparation of Preliminary Report 3. Agenda Order - Visitor Presentation 4. Chipotle Mexican Grill, 2303 White Bear Avenue - Intoxicatin and Sunda Liquor License Intoxicating Y q 5. Annual Charitable Gambling Renewal and Fund Distribution L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS 1. 2. 3. 4. 5. N. ADMINISTRATIVE PRESENTATIONS 1. 2. 3. 4. O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 770 -4523 to make arrangements. Assistant Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff g .� � and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these ect rinci les: Show respect p p p for each other, actively listen to one another, keep emotions in check and use respectful language. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 9, 2001 Council Chambers, Municipal Building Meeting No. 01 -08 A. Be co E. CALL TO ORDER: A regular meeting of the City Council of Maplewood, p ood, 0 P.M Minnesota was held in the Council Chamb Municipal Building, and was called to order at 7:0 ers, . PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present APPROVAL OF MINUTES: Councilmember Allenspach moved to aDDrove the e minutes of Meetin'2 No. -07-(March 26 200 presented. 01 1 as Seconded by Councilmember Ko en _ pp Ayes all Councilmember Allenspach moved to ' p a rove the minutes of k Council/Manager Wors 2001) as resented. ho March 26 Seconded by Councilmember Ko en _ pp Ayes all APPROVAL OF AGENDA: Councilmember Collins moved to a rove the pn Agenda as amen M 1. Isaiah M6. Police • lice Overnight Parking M2. Waste Haulers M7. Pr ' Proposed Parking Ordinance M3. Bruentrup Farm M8. Visitor . sitor Presentations M4. Open Space M9. City Roads M5. Website N1. Par ' Park Commission Reappointments Seconded by Councilmember Ko en _ pp Ayes all 4 -09 -01 1 F. G. APPOINTMENTS /PRESENTATIONS : 1. Police Civil Service Commission Appointment City Manager Fursman recommended that the Police Civil Service Commission e omm on a pp ointments b tabled until such time as the Police Civil Service Commission has an opportunity to interview pp Y candidates and that candidates that were unable to come before the city ouncil have another Y opportunity to interview at the May 14th meeting. Councilmember Collins moved to table the Police Civil Service Commission a ointments until the Ma 14 , 2001 council meeting. Seconded by Councilmember Koppen Ayes - all CONSENT AGENDA: Councilmember Koppen moved to approve the Consent Agenda as presented. Seconded by Councilmember Allenspach Ayes - all Approval of Claims 1. Approved claims. ACCOUNTS PAYABLE $4. Checks #53583 thru #53585 dated 3/20 thru 3/21/01 $56. Checks #53586 thru #53639 dated 3/27/01 $72,507.88 Disbursements via debits to checking account dated 3/20 thru 3/26/01 $445.50 Check #53640 dated 3/28/01 $389,908.11 Checks #53641 thru #53720 dated 3/30 thru 4/3/01 $ 79,696.21 Disbursements via debits to checking account dated 3/27 thru 3/30/01 $603,375.51 Total Accounts Payable PAYROLL $333,793.82 Payroll Checks and Direct Deposits dated 3/30/01 $ 22,676.04 Payroll Deduction check #83419 thru #83423 dated 3/30/01 $356. Total Payroll $959,845.37 GRAND TOTAL Budget Changes for Wage Increases 2. Approved the appropriate budget changes to finance the wage increases for the four bargaining units that total $250,860. 4 -09 -01 2 3. Conditional Use Permit Review - Maplewood Fire Station Number 2 (1955 Clarence Street) Reviewed the conditional use permit for Maplewood Fire Station Number 2 at 1955 Clarence Street and will review again in one year. 4. Conditional Use Permit Review - Wheeler Lumber Storage Yard (English Street and Gervais Avenue) Reviewed the conditional use permit for the Wheeler Lumber landscape material al center on the southwest corner of English Street and Gervais Avenue and will review again i g none year. 5. Recreation Fund Budget Transfer - Approved a budget transfer of $4,500 from the contingency account in the recreation fund to finance replacement of the moon walk and to pay for phone bills. 6. Approve Purchase of Loader Authorized a contract with Ziegler, Inc., under state contract #425196 for the purchase of the replacement of the rubber -tired loader in the amount of $124 7. Temporary Beer and Carnival License - Church of the Presentation of the Blessed ssed Virgin Mary Approved a carnival license and a temporary beer license for the Church of the Presentation resentation of the Blessed Virgin Mary, 1725 Kennard Street, for an event the are having on 2 y g May 5th and 6th, 001. 8. Resolution - Building Quality Communities RESOLUTION 01 -04 -031 BUILDING QUALITY COMMUNITIES WHEREAS, the top values and priorities of citizens include safety, job y� Y� opportunities, health, the well -being of children, and recreational opportunities; and WHEREAS, many of the services cities provide directly nhance those citizen priorities; y and WHEREAS, the connection between city services and how the benefit citizen ' y priorities and i concerns s not always understood by citizens; and WHEREAS, it is one of the responsibilities of city officials to ensure legislators, g tors, media and citizens understand their governments through open and frequent comet ' p q communication using various avenues and means; and WHEREAS, it is important to encourage citizens to actively p articipate in y p p city government, to share their views, and to work in partnership with city fficials to ensure y u e that the needs of the community are met; and 4 -09 -01 3 WHEREAS, partnerships developed between citizens and city y officials can result i n greater understanding of the connection between Minnesota's high qualit ' g q lity of life and the services provided by Minnesota cities, as well as in reater trust b citizens g y itizens in the efforts of their city government; NOW THEREFORE BE IT RESOLVED that the City of �� y Maplewood hereby declares its commitment to loin in the Minnesota Cities: Building Quality Communities" ties " statewide educational effort in cooperation with our fellow members o • • f the League of Minnesota Cities. We hereby designate Richard Fursman as the City f Ma le y p wood ' s key contact for this effort, and will inform the League of Minnesota Cities of this designation. 9. Approve Payment of Sewer Repair - 1353 E. Skillman Avenue Approved payment of sewer repairs made at .1353 E. Skillman Avenue due to a sewer problem that was beyond the property owner's control. 10. Approval of Plans and Specifications - Edgerton Park Approved plans and authorized staff to bid the Edgerton P • g ark improvement project with the understanding that awarding of bids will be forwarded to the City Council for final approval. 11. Fee Waiver - Maplewood Historical Society Approved a temporary food permit for the Maplewood Historical rical Society to sell doughnut and beverage at the Spring Clean Up Day on April 28 2001 and d waived the permit fee. Monies collected will be used for the Bruentrup Farm. H. PUBLIC HEARINGS 1. 7:00 P.M. (7:10 P.M.) Antenna and Tower Ordinance Amendment (First Reading) a. Mayor Cardinal convened the meeting fora . ublic hearing. g b. City Manager Fursman introduced the staff report. c. � Community Development Director Coleman man presented the specifics of the report. d. Commissioner Will Rossbach resented the Planning ' p i ng Co report. e. Mayor Cardinal opened the public hearing, calling for proponents g g p ponents or opponents. The following person was heard: Kathleen Juenemann, 721 Mt. Vernon Avenue East Maplewood Julie Teslaa, of Larkin, Hoffman, Dal & Lindgren, Ltd ' Y g .representing Voice Stream f. Mayor Cardinal closed the . ublic hearing. g 4 -09 -01 4 Councilmember Wasiluk moved to approve the first reading of the following ordinance which revises and updates the regulations about commercial use antennas and towers in Maplewood: ORDINANCE NO. 812 AN ORDINANCE OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, AMENDING THE CITY CODE ABOUT ANTENNAS AND TOWERS. The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section changes the following parts of the Maplewood City Code: (Additions have been underlined and deletions are crossed out.) CHAPTER 36 ARTICLE XI COMMERCIAL USE ANTENNAS AND TOWERS Section 36 -600. Purpose. To accommodate the communication needs of residents and business while protecting the public health, safety and general welfare of the community, the Maplewood City Council Ends that these regulations are necessary to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. 2. Require tower equipment to be screened from the view of persons located on properties contiguous to the site and/or to be camouflaged in a manner to complement existing structures and to minimize the visibilit h and the adverse visual effects of antennas and towers throu careful desi and siting standards. 3. Ensure the operators and owners of antennas and towers design, locate and construct antennas and towers that meet all applicable code requirements to avoid mid potential damage to adjacent properties from tower failure through structural standards and setback requirements. 4. Maximize the use of existing and approved towers and buildings for new wireless telecommunication antennas to reduce the number of towers needed to serve the community. y 5. The following preferences shall be followed when selecting sites: a. Primary structural location preference for wireless communication equipment as permitted uses. (1) Water towers or tanks. (2) Co- location on existing towers. (3) Church steeples or the church structure, when camouflaged as steeples, bell towers, or other architectural features. (4) Sides and roofs of buildings or structures over two (2) stories. (5) Existing power or telephone pole corridors. 4 -09 -01 5 (6) Light poles or towers at outdoor recreational facilities. (7) Parking lots maybe used to locate towers des where the structure replicates, incorporates or substantially blends with the overall lighting standards and fixtures of the parking lot. b. Primary land use areas for towers requiring conditional use permits. (1) Industrial and commercial. (2) City-owned proppa (except water towers) other government-owned propert schools, churches O1q�r -Qr-� -�Bt � -- --t - -- ' or places of worship, utility, p Y� institutional sites. (3) Public parks /golf courses, when compatible with the nature of the ark or course. P (4) Open space areas when compatible with the nature of the area and site. Section 36 -601. Definitions. The following words and terms, when used in this section or ordinance shall have the following meaning g unless the context clearly indicates otherwise: Accessory structure. A use or structure subordinate to the principal use of the land or buildin g with a tower or antenna. Antenna. Any structure, or device used for collecting r radiating g electromagnetic waves telecommunication microwave television or radio sienals including but not limited to directional antennas, such as panels, microwave dishes and satellite dishes and omni- directional antennas, such as whips. Personal Wireless Communication Services. Licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. Public Utility. Persons, corporation, or governments supplying gas, electric, transportation, water, sewer p > or land line telephone service to the public. For this ordinance, commercial wireless telecommunication sources shall not be considered public utility uses. Tower. Any pole, monopole spire, or structure, or combination thereof including supporting pporting lines, cables, wires, braces and masts, intended primarily for the purpose of mountin an antenna meteorological de g g vice, or similar apparatus above grade. UBC. Uniform Building Code. Published by the International Conference of Building fficials an d j urisdictions adopted by the State of Minnesota to provide with building related standards and r g egulations. Section 36 -602. Existing antennas and towers. Antennas, towers and accessory structures in existence as of January 3 1997 that do not rY � meet or comply with this. section are subject to the following provisions: 4 -09 -01 6 1. Towers may continue in use for the existing purpose now used and as now existing but may not be replaced or structurally altered without meeting all standards in this section. 2. If such towers are damaged or destroyed due to any reason or cause at all, (unless the user or owner voluntarily removes the tower), the owner or operator may repair and restore the tower to its former size, height and use within one (1) year after first getting a building permit from the city. The location and physical dimensions shall remain as they were before the damage or destruction. Section 36 -603. Interpretation and Applicability. a. It is not the intention of this ordinance to interfere with, abrogate or annul any covenant or other agreement between parties. However, where this ordinance imposes greater restrictions upon the use or premises for antennas or towers than are imposed or required by other ordinances, rules, regulations or permits, or by covenants or agreements, the provisions of this ordinance shall govern. b. This ordinance does not apply to the use or location of private, residential citizen band radio towers, amateur radio towers or television antennas. Section 36 -604. Inspections and Violations. a. All towers, antennas and supporting structures must obtain a building permit and are subject to inspection by the city building official to determine compliance with UBC construction standards. Deviations from the original construction that a permit is obtained, ''Other than antenna adjustments, is a misdemeanor. b. Notice of violations will be sent by registered mail to the owner and the owner will have thirty (30) days from the date the notification is issued to make repairs. The owner will notify the building official that the repairs have been made, and as soon as possible after that, the building official will make another inspection and the owner notified of the results. C. Adjustments or modifications to existing antennas do not require a conditional use permit or a building permit. Section 36 -605. Conditional Use Permit. a. In reviewing an application for a conditional use permit for the construction of commercial antennas, towers, and accessory structures, the city council shall consider the: (1) Standards in the city code. (2) Recommendations of the planning commission and community design review board. (3) Effect of the proposed use upon the health, safety, convenience and general welfare of residents of surrounding areas. (4) Effect on property values. (5) Effect of the proposed use on the comprehensive plan. 4 -09 -01 7 b. The applicant shall provide at the time of application, sufficient information to show that construction and installation of the antenna or tower will meet or exceed the standards and requirements of the UBC (Uniform Building Code). C. Conditional use permits will not be required for: (1) Repair or replacement or adjustment of the elements of an antenna array affixed to a tower or antenna, if the repair or replacement does not reduce the safety factor. (2) Antennas mounted on water towers, sides or roof of existing structures and on existing towers, power, light, or telephone poles. d. The fee to be paid for the conditional use permit shall be set by city council resolution. e. The applicant shall have a prMeLty acquisition specialist and a radio freguency en ineer attend all city- related meetings to be available to answer questions. Section 36 -606. Communication Towers Proposed in Residential Zoning Districts, No person, firm or corporation shall build or install a tower in a residential zoning district zene without obtaining a conditional use permit from the city council Such a tower shall be subject to, but not limited to, the following conditions: 1. . The city will only consider such a tower in the following residentially - zoned locations or properties: a. Churches or places of worship. b. Parks, when the city determines the facility would be compatible with the nature of the . park• C. City -owned property,_ government, school, utility and institutional sites or facilities. 2. There shall be no more than one freestanding tower at one time on a propertv that the city has planned for a residential use or that the city has zoned residentially, unless one of the following applies: a. The additional towers or antennas are inco orated into existing structures such as a church steeple, light ,pole, power line support device or similar structure. b. The residential property is at least five (5) acres in size. C. If the proposed tower is to replace an existing tower and if the owner /user of the existing tower agrees to remove the existing tower within thirty (3 0) days of the completion of the new or replacement tower. 3+. The applicant shall demonstrate by providing a coverage /interference analysis and capacity P Y analysis, that location of the tower as proposed is necessary to meet the frequency reuse and spacing needs of the cellular or personal wireless communication services systems ,and to 4 -09 -01 8 provide adequate personal wireless communication or portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district or on an existing structure. 4-2. If no existing structure that meets the height requirements for the antennas is available for mounting the antennas, such antennas may be mounted on a tower not to exceed seventy -five (75) feet in height. The tower shall be located a distance of at least the height of the tower plus twenty- five ,25, feet from the nearest residential structure. , 533. The height of a tower may be increased to a maximum of one hundred twent five (125) ene 43 1 feet if the tower and base area are -i-s designed and built for the co- location of at least one other personal wireless communication service provider antennas and equipment. 64-. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching, the owner or operator shall locate it at least ten (10) feet from the side or rear lot line and shall landscape and screen it. The community design review board shall review such a building, and the landscaping and screening. The owners and operators of all new equipment or utility buildings and accessory structures for towers shall design and construct such structures to blend in with the surrounding environment. 7. Towers shall not be located between a principal structure and a public street, unless the city determines that such a location would lessen the visibility of the tower or would lessen the negative impacts of such a facility on nearby_ properties. 8. The city may reduce or vary the required setback for a tower from a public street to allow the integration of a tower into an existin or proposed structure such as a church steeple, light pole power line support device or similar structure. 9. Towers shall be built at least ten (10) feet from side and rear propertv lines, unless the site is next to a residential property .line or next to a property that the city _is planning for a residential use. If the tower would be next to a residential property line or next to a property that the cit is planning for a residential use then the tower must be located at least the hei ht of the tower plus twenty-five (25) feet from the nearest residential structure. The owner or operator shall locate ground equipment and accessory structures at least ten (10) feet from side and rear propertv lines. 10. The owner or operator of any tower shall screen ground- mounted equipment from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the character of the surrounding neighborhood. 11. Tower locations should provide the maximum amount of screening possible for off -site views of the facility and to lessen the visibility of the tower. 12. The existing on -site vegetation shall be preserved to the maximum practicable extent. 4 -09 -01 9 13. The community design review board (CDRB) shall make recommendations on the plans for towers, utilit e quipment or accessory buildings, site plans and proposed screenin and landscaping_. 14. Towers with antennas shall be designed and constructed to withstand a uniform wind loading as prescribed by the UBC (Uniform Building Code Z Section 36 -607. Construction Requirements, Setback and Height Restrictions in Zoning Districts or Locations Other Than Residential. No person, firm or corporation shall erect a tower in a location other than residential without first obtaining a conditional use permit from the city council. Such a tower shall be subject to, but not limited to, the following conditions: a. No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, in or upon any required setback area for the district in which the antenna or tower is to be located. b. All antennas, towers and accessory structures shall meet all applicable provisions of this code and this section. C. Antennas and towers shall meet the following requirements: (1) The antennas maybe mounted on a single pole or tower ton. not to exceed one hundred seventy -five (175) feet in height. The pole or tower shall be setback at least the height of the pole or tower plus twenty -five (25) feet from any residential lot line. (2) Metal towers shall be constructed of, or treated with, corrosive resistant material. (3) The use of guyed towers is prohibited. (4) Tower locations should provide the maximum amount of screening possible for off -site views of the facility and to lessen the visibility of the tower. (5) Existing on -site vegetation shall be preserved to the maximum practicable extent. (6) The installation shall be designed to be compatible with the underlying site plan. The owner or operator shall landscape the base of the tower and any accessory structures. Accessory structures and equipment buildings shall be designed to be architecturally compatible with any principal structures on the site._ All new equipment or utility buildings and accessory structures for towers shall be designed and constructed to blend in with the surrounding environment. The community design review board shall review the design plans for towers, utility, equipment or of any accessory structures, site plans and proposed screening and landscapin f. ' (7) Towers shall be a light blue or gray or other color shown to reduce visibility. No advertising or identification visible off -site shall be placed on the tower or buildings. 4 -09 -01 10 (8) Antennas placed upon the tower shall comply with all state and federal regulations about nonionizing radiation and other health hazards related to such facilities. (9) Wireless telephone or personal wireless communication service antennas, where located on an existing structure shall not extend more than twenty -five (25) feet above the structure to which they are attached. Such antennas are a permitted use in all zoning districts of the city. The city council, after a recommendation from the community design review board, must approve the plans for all sets of antennas on a building after the second personal wireless communication service provider has installed their antennas on the building. 10) Towers with antennas shall be designed and constructed to withstand a uniform wind loading as prescribed by the UBC (Uniform Building Code). (11) Telecommunications equipment located on the side of an existing structure or on a roof of a structure shall not be screened. 12 Towers shall not be located between a principal structure and a public street unless the city determines that such a location would lessen the visibility of the tower or would lessen the negative impacts of such a facility on nearby properties. 13 The cit ma y reduce or vary the required setback for a tower from a public street to allow the integration of a tower into an existin or proposed structure such as a church steeple light pole, power line support device or similar structure. 14 Towers shall be setback at least ten (10) feet from side and rear property lines unless the site is next to a residential lot line. If the tower would be next to a residential property line or next to a property that the cit is planning for a residential use, then the tower must be located at least the height of the tower plus twentv -five (25) feet from the nearest residential structure. The owner or operator shall locate ground equipment and accessory structures at least ten (10) feet from side and rear property lines. 15 The owner or operator of a tower shall screen ground- mounted equipment from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the character of the surrounding neighborhood. 16 Tower locations should provide the maximum amount of screening_ possible for off -site views of the facility and to lessen the visibility of the tower. 17 The existing on -site vegetation shall be preserved to the maximum practicable extent. 18 The communit desi review board (CDRB) shall make recommendations on the plans for towers, utilit e quipment or accessory buildings, site plans and proposed screening and landscaping_ 4 -09 -01 11 Section 36 -608. Lights Signs and Other Attachments. No antenna or tower shall have affixed or attached to it in any way any lights, reflectors, flashers, daytime strobes or steady nighttime light or other illuminating devices except: 1. Those needed during time of repair or installation, 2. Those required by the Federal Aviation Agency, the Federal Communications Commission or the city. 3. For towers in parking lots, lights associated with the parking lot lighting. In addition, no tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crows nest, or like structure, except during periods of construction or repair. No antenna or tower shall have signam advertising or identification of any kind visible from the ground or from other structures, except necessary warning and equipment information si na e required b l� the manufacturer or by Federal, State or local authorities. Section 36 -609. Removal of Abandoned or Damaged Towers. Any tower and/or antenna that is not used for one (1) year shall be deemed abandoned and maybe required to be removed in the same manner and pursuant to the same procedures as for dangerous or unsafe structures established by Minnesota Statutes, Sections 463.15 through 463:26. Section 36 -610. Co- location of Personal Wireless Communication Service Equipment. A. The city shall not a�rove a request � for a new personal wireless service tower � �e - unless it can be documented by the applicant to the satisfaction of the city council that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or commercial building within one -half mile radius, transcending municipal borders, of the proposed tower due to one or more of the following: 1. The planned equipment would exceed the structural capacity of the existing or approved tower or commercial building. 2. The planned equipment would cause interference with other existing or planned equipment at the tower or building. 3. Existing or approved structures and commercial buildings within one -half mile radius cannot or will not reasonably accommodate the planned equipment at a height necessary to function. 4. X %JX a VXXLI "' -&. o aivi P * LX L o x to ., 'tee The applicant must demonstrate, by providing a city -wide in coverage /interference and capacity analysis, that the location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the communication service system, and to provide adequate coverage and capacity to areas that cannot be adequately served by locating the antennas in a less restrictive district or on existing structure. 4 -09 -01 12 v i -� a K M w - RAN ellitipilli 1 11 9 5 LIME P-WATITKWJ R I MALVALTAIA I im a TAI I I ,11 III IIIII Uvif iNg I ltz4 ILWI WI%7=ovm v A I A E OWN - - iiiiiiiiiiiiiiii'llil wkw1w1wA 6167M *-VAN 4 5 LVA'A 0 1 0 oft _ _ : ; : MARM EMOL V IN • B. Additional Submittal Requirements. Besides the information required elsewhere in this code, all conditional use permit applications for towers also shall include the following information: 1. A letter of intent committing the tower owner and their successors to allow the shared use of the tower if an additional user agrees to meet reasonable terms and conditions for shared use. 2. The applicant shall demonstrate that the proposed facility is necessary to fill a significant existing _gap in users coverage or to accommodate system capacity needs. This documentation shall include: a. Coverage maps of all the aDDlicant's or the providers' existing antenna sites within one (1) mile of the proposed facility. b. A map showing all existing_ personal wireless communication service antenna sites within one (1) mile of the proposed facility 3. That the proposal is the least intrusive method of achieving the necessary coverage or additional system capacity in the area and that other Alternatives will not work. 4. That the equipment planned for the proposed tower cannot be accommodated at any existing tower or antenna facility. The city may find that a co- location site cannot accommodate the planned equipment for the following reasons: a. The planned equipment would exceed the structural capacity of the preferred co- location site, and the preferred co- location site cannot be reinforced, modified or replaced to accommodate the planned equipment or its equivalent at a reasonable cost, as certified by a qualified radio frequenc eng ineer; b. The planned equipment would significantly interfere with the usability of existing or approved equipment at the preferred co- location site and the interference cannot be prevented at a reasonable cost, as certified by a qualified radio frequency engineer- C. A preferred co- location site cannot accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified radio frequency engineer; or d. The applicant, after . a good -faith effort, is unable to lease, purchase or otherwise secure space for the planned equipment at an existing antenna location. The city may require the applicant to hire or pay for a study or other research b qualified radio frequency engineer to determine the need for the proposed tower. 4 -09 -01 13 5. Materials or documentation demonstrating to the city that the applicant has made a good faith effort to co- locate on existing towers but they could not reach an agreement to co- locate on an existin2 tower. 6. Design information and documentation showing how the applicant, owner or operator of the tower has designed structurally, electrically and in all respects the tower to accommodate both the applicant's antennas and the antennas for at least two (2) additional users if the tower is equal to or more than one hundred (100) feet in hei hg t in all locations or for at least one (1) additional user if the tower is equal to or more than sevent -five ( 75) feet in height. The applicant and owner must design and install a new tower to allow for the maximum future arrangement of antennas on the tower, to accept antennas mounted at varying heights and to accommodate the equipment and other needs of future users. 7. Photo - illustrations or similar - styled artist's renderings of the proposed tower and base site that show the appearance of the proposed tower and the proposed ground equipment or buildings after the contractor completes them. Section 36 -611. Interference with Public Safety Telecommunications. All new or existing telecommunications service and equipment shall meet or exceed all Federal Communication Commission (FCC) standards and regulations and shall not interfere with public safety telecommunications. Section 36 -612. Additional Submittal Requirements. Besides the information required elsewhere in this Code, building permit applications for towers shall include the following supplemental information: (1) A report and plans from a qualified and registered engineer or others that: a. Describes the tower height and design including a cross section and elevation. b. Documents the height above grade for all potential mounting positions for co- located antennas and the minimum separation distances between antennas. C. Describes the tower's capacity, including the number and type of antennas that it can hold. d. Includes an engineer's stamp and registration number, if applicable. e. Includes all other information necessary for the city to evaluate the request. Section 36 -613. Variances, The City Council may grant variances to the requirements of this section. All variances must follow the provisions of Minnesota Statutes, Chapter 462. For variances regarding antennas and towers, the applicant must show the city the followin 4 -09 -01 14 1. There are unique circumstances or characteristics peculiar to the property and that the provisions of this code would inflict undue hardship on the property owner or applicant. 2. The property cannot be developed or put to a reasonable use by strictly conforming with the city code. 3. The applicant or property owner did not create or cause the hardship. 4. The proposed variance will not alter the essential character of the area or the zoning district. 5. The proposed variance is the minimum variance that will afford relief from the city code standards. 6. The variance would be in keeping with the spirit and intent of the ordinance The applicant for a variance for an antenna or tower related matter shall submit with their variance application a statement showing how the proposal would meet these findings. Section 2. This ordinance shall take effect after the city council approves it and the official newspaper publishes it. Seconded by Councilmember Koppen Ayes - all I. AWARD OF BIDS None J. UNFINISHED BUSINESS 1. NURP Pond Ordinance Amendment (Second Reading) a. City Manager Fursman introduced the staff report. b. Community Development Director Coleman presented the specifics of the report. Councilmember Collins moved to adopt the second reading of the following ordinance which adds lan uage to the city code about the use of the Nationwide Urban Runoff Program (NURP) design criteria for ponds: ORDINANCE NO. 811 AN ORDINANCE OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, AMENDING THE CITY CODE BY ADDING THE NATIONWIDE URBAN RUNOFF PROGRAM (NURP) DESIGN CRITERIA FOR PONDS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: 4 -09 -01 15 Section 1. This section changes the following parts of the Maplewood City Code: (Additions have been underlined and deletions are crossed out.) Section 9 -193. Generally, f Where feasible, all new storm water detention ponds shall be designed and constructed to meet the Nationwide Urban Runoff Program P) design criteria of removing at least six1y(60) percent of the phosphorous. The engi� neer or designer may use the Walker pondnet model or the Pitt pond model when desi naming storm water ponds ( as noted by the Minnesota Pollution Control Agency(MPCA ) Protecting Water QuahU in Urban Areas manual). The applicant or applicant's engineer shall provide the city engineer with the necessary calculations to verify the pond desi rm. Section 2. This ordinance shall take effect after the city council approves it and the official newspaper publishes it. Seconded by Councilmember Wasiluk Ayes - all K. NEW BUSINESS 1. Opting out of PERA - City Manager a. City Manager Fursman introduced the staff report. b. Human Resources Director Le presented the specifics of the report. Councilmember Koppen moved to adopt the following resolution approving the election of Richard Fursman, City Manager, to be excluded from the Public Employees Retirement A ssoci oti on RESOLUTION NO. 01-04-032 A RESOLUTION APPROVING ELECTION OF RICHARD FURSMAN TO BE EXCLUDED FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION WHEREAS, Richard Fursman has notified the City Council of his election to be excluded from membership in the Public Employees Retirement Association and has provided this Council with a copy of his written election to do so, all as authorized by Minnesota Statutes 353.028. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood as follows: 1. The Council makes the following findings: a) Richard Fursman is the City Manager of the City of Maplewood, Minnesota. 4 -09 -01 16 b) That position is provided for in the ordinances of the City of Maplewood. C) He was duly appointed to serve in that position effective October 16, 2000. d) The City Manager is the chief administrative officer of the City of Maplewood. e) Acting under Minnesota Statutes 353.028, he has elected to be excluded from membership in the Public Employees Retirement Association, effective upon his filing such election with the Executive Director of that association. fl In making this election, he has agreed that he will not at any time in the future seek any authorization to purchase service credit for any period of excluded service. He has further agreed that this election is irrevocable. 2. Said election is therefore approved. 3. A certified copy of this Resolution shall be provided to the Executive Director of said association. Seconded by Councilmember Allenspach Ayes - all 2. Menards Building Exterior Revision Approval (2280 Maplewood Drive) a. City Manager Fursman introduced the staff report. b. Community Development Director Coleman presented the specifics of the report. C. Boardmember Matt Ledvina presented the Community Design Review Board report. d. . The following persons addressed the council: Gary Colby, Menard's, 4777 Menard Drive, Eau Claire, Wisconsin Will Rossbach, City of Maplewood Planning Commissioner Kathleen Juenemann, 721 Mt. Vernon Avenue East, Maplewood Conncilmember Koppen moved to approve the plans date - stamped March 19, 2001, for the building design and landscaping changes for the Menards store addition at 2280 Maplewood Drive. Approval is subi ect to the property owner doing the following_: 1. Painting all flashing and building fascias hunter green. 2. Painting or staining a horizontal accent stripe on the west, north and east sides of the addition. This stripe shall be hunter green to match the fascia and flashing. The width of this stripe shall be at least three feet high. This stripe shall be placed under the " Menard's" sign on the north side of the building. 4 -09 -01 17 3. Installing all landscaping on the site by the time of the occupancy of the addition or the applicant shall provide escrow as required previously by the city council. 4. Installing the two- tiered retaining wall planters with a brown -tone color as a contrast to the building color and a rock -face front that totals a height of five feet. 5. Compliance with the October 25, 1999, city council conditions except as stated above. Seconded by Mayor Cardinal Ayes - Mayor Cardinal, Councilmembers Collins, Koppen, Wasiluk Nays - Councilmember Allenspach 3. Council Meeting Date Change - Memorial Day a. City Manager Fursman introduced the staff report and presented the specifics of the report. Councilmember Wasiluk moved to change the May 28, 2001 Memorial Day) Council Meeting date to Tuesday, May 29, 2001 because of the holiday Seconded by Councilmember Koppen Ayes - all 4. Dog and Cat License - Senior Citizen Fee a. City Manager Fursman introduced the staff report and presented the specifics of the report. Mayor Cardinal moved to approve a 15% discount for senior citizens, age 62 years or older, for cat and dog licenses, making the fees $15 for a regular license and $13 for animals that are spayed or n P»tere'd Seconded by Councilmember Collins Ayes - all 5. Gladstone West Neighborhood Streets, Project 00 -05 a. Approve Plans and Advertise for Bids b.' Order Preparation of Assessment Roll C. Order Assessment Hearing a. City Manager Fursman introduced the staff report. b. Director of Public Works Ahl presented the specifics of the report. Councilmember Koppen moved to adopt the following resolution approving plans and advertising for bids for the Gladstone West Neighborhood Street Improvements, Project 00-05: RESOLUTION 01 -04 -033 4 -09 -01 18 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on March 12, 2001, plans and specifications for the Gladstone West Neighborhood Streets, City Project 00 -05, 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 ten 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 a.m., on the 11th day of May, 2001, 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 14, 2001. Seconded by Councilmember Collins Ayes - all Councilmember Koppen moved to adopt the following resolution ordering the preparation of the assessment roll for the Gladstone West Neighborhood Street Improvements, Proi ect 00-05: RESOLUTION 01 -04 -034 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the improvement of the Gladstone West Neighborhood Streets, City Project 00-05. 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. Seconded by Councilmember Collins Ayes - all 4 -09 -01 19 Councilmember Koppen moved to adopt the following resolution ordering the assessment hearing to be held on May 14, 2001 at 7:15 p.m.. RESOLUTION 01 -04 -035 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the construction of the Gladstone West Neighborhood Streets, City Project 00- 05, and the said assessment is on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 14th day of May, 2001, at the city hall at 7:15 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment 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 assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. Seconded by Councilmember Collins Ayes - all L. VISITOR PRESENTATIONS 1. Kathleen Juenemann, 721 Mt. Vernon Avenue East, Maplewood - She feels the council still needs to work on their respect for one another. 2. Will Rossbach, 1386 County Road C East, Maplewood - He said that in the past 11 years he has worked for the city he feels that Menard's has been a terrible neighbor because they have had to be forced to. do everything that they need to do and they have not worked with the neighborhood group in good faith. M. COUNCIL PRESENTATIONS 1. Isaiah - Councilmember Koppen moved to approve a letter of support sent by the Isaiah) from the council for inclusionary housing_ Seconded by Mayor Cardinal Ayes - all 2. Waste Haulers - Councilmember Wasiluk said she would like to see printed in the Maplewood In Motion where the waste haulers take their waste so that the residents can be aware whether the 4 -09 -01 20 waste is going to be recycled or not. 3. Bruentrup Farm - Councilmember Wasiluk said that last week she had the opportunity to testify at the legislature for some more funding for the Bruentrup Farm so that they can get it open and, hopefully, it will be self serving and they won't have to come back and ask for more money. 4. Open Space - Councilmember Wasiluk wanted to take a look at the city's policies for open space. Some residents wanted to know what the rules are for open space, can the open space be altered in any way and, if so, what are the restrictions. Staff will provide this information to Councilmember Wasiluk. 5. Website - Mayor Cardinal has been asked that our agenda be put on the website as soon as possible. Staff is working on this. 6. Police - Overnight Parking - Mayor Cardinal asked Police Chief Winger to explain the overnight parking. Police Chief Winger said in August 2000 the parking ordinance was changed. Prior to that time vehicles could only be parked on the street between 2:00 a.m. and 6:00 a.m. for not more than two hours. The ordinance was changed to ban parking altogether between 2:00 a.m. and 6:00 a.m. The reason for the parking ban is it reduces crime, it increases the opportunity to do street maintenance and it ensures that vehicles are moved in a timely manner. There is an opportunity for citizens who have overnight guests or have extra cars in their lot to give the police department a call and they will allow parking for up to 15 days. 7. Proposed Parking Ordinance - Mayor Cardinal wanted the public to know that this was included in the April Maplewood In Motion on Page .4 and that it will be coming up on the April 23, 2001 agenda and if anyone has any comments they should attend this meeting. Councilmember Wasiluk mentioned that the Historical Society will be serving coffee and donuts during this time. 8. Visitor Presentations - Mayor Cardinal said it has been requested that Visitor Presentations be moved up on the agenda. Some people feel that instead of sitting through public hearings they would like to be moved up on the agenda which would save them from staying late into the evening. 9. City Roads - Mayor Cardinal asked Public Works Director Ahl if he has identified the worst road in Maplewood. Mr. Ahl said that after much consideration they came down with two roads. One is Gervais Avenue west of Highway 61 which is almost nonexistent. The other is English Street which was reduced down to a single lane at the time until the crews put over a 1,000 tons of material out there to try to restore that. Mr. Ahl said both these roads will be back before the council soon for proposals to upgrade. Mayor Cardinal wanted to alert the public that if they have potholes that need addressing that they can call the city hall at 770 -4500 and leave that message and staff will see that it gets addressed. Assistant City Manager Coleman said that the Annual Spring Clean Up Day will be April 28, 2001 from 8:00 a.m. to 1:00 p.m. at the city campus. Staff encourages everyone to come in through County Road B. Staff also will be collecting food that day for Second Harvest Food Bank and said that if the public could bring canned goods it would be greatly appreciated. 4 -09 -01 21 N. ADMINISTRATIVE PRESENTATIONS 1. Park Commission Reappointments -City Manager Fursman said that the city council has been presented with three names of Park and Recreation Commission members who have requested that they be reappointed. These members are Bonnie Qualley, Marabeth Timmers, and Peter Frank. Councilmember Koppen moved to approve the reappointment of Bonnie Oualley, Marabeth Timmers and Peter Frank to the Parks and Recreation Commission. Seconded by Councilmember Allenspach Ayes - all O. ADJOURNMENT Councilmember Collins moved to adjourn the meeting at P.M. Seconded by Councilmember Wasiluk Ayes - all Nays - Abstain - Karen E. Guilfoile, City Clerk 4 -09 -01 22 12. City of Maplewood CITY COUNCIUMANAGER WORKSHOP Meeting Minutes Monday, April 9, 2001 Council Chambers, Municipal Building 6:01 p.m. A. CALL TO ORDER B. ROLL CALL Mayor Robert Cardinal Present Councilmember Sherry Allenspach Present Councilmember Kenneth Collins Present Councilmember Marvin Koppen Present Councilmember Julie Wasiluk Present Others Present: Co FBI City Manager Richard Fursman Assistant City Manager Melinda Coleman City Clerk Karen Guilfoile APPROVAL OF AGENDA Councilmember Allenspach moved to approve the agenda as presented. Seconded by Councilmember Wasiluk Ayes - all NEW BUSINESS 1. Police Civil Service Commission Interviews - City Manager Fursman said that there were four candidates applying for appointment to the Police Civil Service Commission. Only one candidate was present and the council interviewed him. 2. Park Board Reappointment - City Manager Fursman said there were three individuals up for reappointment to the Park Board. The Park Chair, Peter Fischer, introduced the following individuals who are up for reappointment: Bonnie Qualley, Marabeth Timmers, and Peter Frank. Each of these people came before the council and said why they would like to be reappointed. This item will be placed on tonight's council agenda for approval. -1- 3. Discussion with Commission Chairs on Appointments and Reappointments - The council had a discussion with the Commission Chairs as to what role the commissions should take in screening candidates that come before the city council. Council asked staff for recommendations on putting together a standard procedure for appointments and reappointments by the commissions and council. E. - FUTURE TOPICS 1. Commission Meetings 2. Update on the Rush Line Corridor F. . ADJOURNMENT There being no further business, Councilmember Wasiluk moved and Councilmember Collins seconded a motion to adjourn the meeting at 6:50 p.m. -1- 1 AGENDA NO. G -1 AGENDA REPORT TO: City Council Action by Council FROM: Finance Director Date Endorsed RE: APPROVAL OF CLAIMS Modified Rejected DATE: April 16, 2001 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE $11 Checks #53721 thru #53722 dated 3/30/01 $109,919.98 Checks #53723 thru #53794 dated 4/6 thru 4/10/01 $700,839.52 Disbursements via debits to checking account dated 4/2 thru 4/9/01 $135,463.63 Checks #53795 thru #53861 dated 4/17/01 $179,018.09 Disbursements via debits to checking account dated 4/10 thru 4/16/01 $1,136,719.97 Total Accounts Payable PAYROLL $327,953.07 Payroll Checks and Direct Deposits dated 4/13/01 $27 1 11 95.76 Payroll Deduction check #83569 thru #83576 dated 4/13/01 $ Total Payroll $1,491,868.80 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 770 -4513 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. hu Attachments C:\OFFICE\WP-DOCS\AGENDA\APCLOO16.APR vchlist Check Register Page: 1 04/06/2001 11:27:23AM City of Maplewood Check Date 53721 3/30/01 53722 3/30/01 53723 4/10/01. Vendor Description /Account 01027 01027 00018 MINN. STATE TREASURER MINN. STATE TREASURER A T & T WIRELESS SERVICES DRIVERS LICENSE FEES MOTOR VEHICLE FEES CELL PHONE CELL PHONE DATA PROCESSING - FEB 2001 MPWD PATROL & BOARDING FEES MERCH FOR RESALE FIELD WATER TEST - MCC MERCH FOR RESALE QTRLY UTI L - 3/31/01 MUFFLER REPAIR DIFFERENTIAL "> "2001 MEMBERSHIP DUES WORK BOOTS IJB /IJBC TOWING CHARGES - MAR 2001 REPAIR GYM DIVIDER CHECK SIREN #6 REPAIR TO ENGINE 2 REPAIR TO RESCUE 1 REPAIR ENGINE 1 PATCHING MATERIAL SQ -EDGE RECT LAM 30D 24W FBI NO CENTRAL LAW ENF EXC DEV SE 3/21/01 BUS CHARGE DI FF REPAIR TRIGGER STIHL 009L SHEEP LAB (2) REIMBURSE FOR BASKETBALL MOTOROLA HT750 VHF /SPEAKER MOTOROLA HT750 VHF PRINTER REPAIR CONST MGMT SRVS THRU 2/28/01 ADV AREA MAP CONDUITS MISC MAINT SUPPLIES RIVETS MONTHLY SAC - MAR 2001 MERCH FOR RESALE MERCH FOR RESALE MIXED BLOOD PERF 4/9 2001 SPRING WORKSHOPS MONTHLY SURTAX - MAR 2001 REG & TITLING FEE TELECOMM SERVICES & SUPPLIES FIRE TRUCK REPAIR FIRE TRUCK REPAIR NEWSLETTER - APRIL 2001 REIMBURSE MILEAGE 12/13 TO 3/6 REF RON KULAS - NO REF REF KIM ALTON - NO REF REF JOAN KUBACI - NO REF REF LINDA ELBERS - NO REF REF SARAH WILLEMS - NO REF REF MELANIE STROBEL - NO REF 53724 4/10/01 01908 53725 4/10/01 00111 53726 4/10/01 00121 53727 4/10/01 02014 53728 4/10/01 01811 53729 4/10/01 00198 53730 4/10/01 00206 53731 4/10/01 00274 53732 4/10/01 00251 53733 4/10/01 00272 53734 4/10/01 00329 53735 4/10/01 00358 53736 4/10/01 02016 53737 4/10/01 00462 53738 4/10/01 00463 53739 4/10/01 02021 53740 4/10/01 00489 53741 4/10/01 02017 53742 4/10/01 01401 53743. 4/10/01 00551 53744 4/10/01 00604 53745 4/10/01 02022 53746 4/10/01 00723 53747 4/10/01 00778 53748 4/10/01 01897 53749 4/10/01 00869 53750 4/10/01 00972 53751 4/10/01 00973 53752 4/10/01 00986 53753 4/10/01 00998 ADMINISTRATION, DEPT OF ANIMAL CONTROL SERVICES, INC. ARAMARK REFRESHMENT SERVICES ARCHITECTURAL TESTING INC BERNATELLO'S PIZZA INC BOARD OF WATER COMMISSIONERS BOYER TRUCK PARTS C.A.T.C.O. CAPITOL CITY MUTUAL AID ASSOC: CARVER, NICHOLAS COPY EQUIPMENT, INC. D & D TOWING SERVICE INC. DANA ANDERSON CONSTRUCTION EMBEDDED SYSTEMS, INC. EMERGENCY APPARATUS MAI NT. ENVIROTECH SERVICES INC FACILITY SYSTEMS,INC. FBI /LEEDS FIRST STUDENT BUS COMPANY GARCEAU HARDWARE & POWER EQUIP GROUP HEALTH PLAN, INC. HENNESSEY, TIM INFINITY WIRELESS KBS COMPUTER SERVICES KRAUS- ANDERSON CONSTRUCTION CO LINCOLN MARKETING, INC. MENARDS MENARDS METROPOLITAN COUNCIL MIDWEST COCA -COLA BOTTLING CO. 53754 4/6/01 01091 _ MIXED BLOOD THEATER CO 53755 4/10/01 01045 MN GIS /LIS CONSORTIUM 53756 4/10/01 01028 MN STATE TREASURER STAX 53757 4/10/01 00395 NATURAL RESOURCES, DEPT OF 53758 4/10/01 01961 NEXTEL COMMUNICATIONS 53759 4/10/01 01173 NORTH METRO AUTOMOTIVE 53760 4/10/01 01202 NYSTROM PUBLISHING CO INC 53761 4/10/01 01215 OLSON, SANDRA K 53762 4/10/01 00001 ONE TIME VENDOR 53763 4/10/01 00001 ONE TIME VENDOR 53764 4/10/01 00001 ONE TIME VENDOR 53765 4/10/01 00001 ONE TIME VENDOR 53766 4/10/01 00001 ONE TIME VENDOR 53767 4/10/01 00001 ONE TIME VENDOR Amount 447.50 11,031.25 174.77 11.07 440.00 1,285.93 160.00 1,250.00 281.40 125.48 181.74 2,763.68 50.00 165.00 130.74 678.47 175.00 150.00 296.60 211.91 459.44 4,650.00 1,703.35 700.00 11.00 36.61 126.00 30.00 1,590.20 1,941.99 85.00 52,685.05 239.00 17.64 70.10 27.58 3,415.50 460.60 892.85 400.00 240.00 934.56 962.00 515.62 467.01 962.23 2,099.36 6.58 10.00 10.00 10.00 10.00 10.00 10.00 vchlist 1 Check Register Page: 2 04/06/2001 11:27:23AM City of Maplewood Check Date Vendor Description /Account Amount 53768 4/10/01 00001 ONE TIME VENDOR REF IND YTH ENRICH -GRP 3/15 20.40 53769 4/10/01 00001 ONE TIME VENDOR REF BEVERLY JACKSON - SWIM 40.00 53770 4/10/01 00001 ONE TIME VENDOR REF AMY HINRICHS - VB TOURN 110.00 53771 4/10/01 00001 ONE TIME VENDOR REF STEVE VANKEUREN - VB TOURN _ 110.00 53772 4/10/01 00001 ONE TIME VENDOR REF BEAU'S FOOD - SOFTBALL 200.00 53773 4/10/01 01679 QWEST DEX MCC - MARCH 2001 99.00 53774 4/10/01 02018 RADWORKS PROGRAM SUPPLIES 147.55 53775 4/10/01 01337 RAMSEY COUNTY -PROP REC & REV DATA PROCESSING - FEB 2001 1,007.50 53776 4/10/01 01359 REGAL AUTO WASH DETAIL CAR WASHES - MAR 2001 146.72 53777 4/10/01 01360 REINHART FOODSERVICE MERCH FOR RESALE 377.07 53778 4/10/01 01387 ROSSINI, DR. JAMES FITNESS PROGRAM FEES - MARCH 250.00 53779 4/10/01 01418 SAM'S CLUB DIRECT PROGRAM SUPPLIES 289.84. MERCH FOR RESALE 336.89 53780 4/10/01 01455 SHORTREED, MICHAEL LUNCH & PARKING 3/6 24.55 53781 4/10/01 02019 SPECIALITY SHEET METAL INC INSTALL CENTER CONSOLE 276.90 53782 4/10/01 01550 SUMMIT INSPECTIONS ELECTRIC .CONTRACTOR INSP 4,400.80 53783 4/10/01 01560 SUPERIOR SERVICES INC RECYCLING - FEB 2001 11,363.44 53784 4/10/01 01572 SYSTEMS SUPPLY, INC. TONER CARTRIDGES 358.22 53785 4/10/01 01578 T.R.F. SUPPLY CO. TYVEK SUITS 454.22 53786 4/10/01 01592 TAYLOR TECHNOLOGIES, INC. PHONE SUPPORT 170.00 AUTOCAD TRAINING 495.00 53787 4/10/01 02023 TEE'S PLUS DARE MERCH 300.00 53788 4/10/01 01635 TOWER ASPHALT SC COLD MIX 554.02 53789 4/10/01 01693 U.S. POSTAL SERVICE REPLENISH POSTAGE METER 3,000.00 53790 4/10/01 01711 VECTOR INTERNET SERVICES INC WEB SPACE & DOMAIN HOST 24.00 53791 4/10/01 02020 VIBES TECHNOLOGIES INC MODEL 32 (NEW EMPLOYEE) 181.53 53792 4/10/01 01734 WALSH, WILLIAM P. COMM PLUMBING INSP 166.00 53793• 4/10/01 01750 WATSON CO INC, THE MERCH FOR RESALE 234.16 MERCH FOR RESALE 200.00 MERCH FOR RESALE 234.16 53794 4/10/01 01757 WELCHLIN, CABOT MEALS 3/19 TO 3/23 26.95 74 Checks in this report Total checks: 121,398.73 P CITY OF MAPLEWOOD Disbursements via Debits to . Checking account Transmitted Settlement Date Date Pa ee Description 03/30/01 04/02/01 U.S. Treasurer Federal Payroll Tax 04/02/01 04/02/01 Salomon Smith Barney Investment purchase 04/02/0.1 04/03/01 MN State Treasurer Drivers License #697 04/02/01. 04/03/01 MN State Treasurer Deputy Registrar #149 03/30/01 04/03/01 MN State Treasurer State Payroll Tax 03/30/0 04/03/01 WI Dept of Revenue State Payroll Tax 03/30/01 04/03/01 CBSA Dental claims 04/03/01 04/04/01 MN State Treasurer Drivers License #697 04/03/01 04/04/01 MN State Treasurer Deputy Registrar #149 03/30/01 04/04/01 Elan Financial Services Purchasing card items 04/04/01 04/05/01 MN State Treasurer Drivers License #697 04/04/01 04/05/01 MN State Treasurer Deputy Registrar #149 04/05/01 04/06/01 MN State Treasurer. Drivers License #697 04/05/01 04/06/01 MN State Treasurer Deputy Registrar #149 04/06/01 04/09/01 MN State Treasurer Drivers License #697 04/06/01 04/09/01 MN State Treasurer Deputy Registrar #149 TOTAL Amount 74,570.30 497,91.2.50 659.50 19,550.52 13, 357.14 2,193.24 309.14 835.25 19,466.72 16,870.13 657.25 18, 038.43 703.25 19,731.77 778.00 15,206.38 700.839.52 3 vchtist Check Register Page: 1 04/13/2001 10 :15:54AM City of Maplewood Check Date Vendor 53803 53795 4/17/01 01048 3M 53796 4/17/01 00033 ACE HARDWARE 53797 4/17/01 00049 ADT SECURITY SERVICES 53798 4/17/01 00052 ADVANCED GRAPHIX INC. 53799 4/17/01 00104 ANDERSON, EVERETT A 53800 4/17/01 00152 BANICK, JOHN 53801 4/17/01 00159 BARTZ, PAUL 53802 4/17/01 02024 53803 4/17/01 00178 53804 4/17/01 01811 53805 4/17/01 00182 53806 4/17/01 00267 53807 4/17/01 00307 53808 4/17/01 02026 53809 4/17/01 00338 53810 4/17/01 00412 53811 4/17/01 00420 53812 4/17/01 00425 53813 4/17/01 00443 53814 4/17/01 00449 BATTERY ZONE BERGGREN, GORDON BERNATELLO'S PIZZA INC BESETH, GORDON CARQUEST - MAPLEWOOD COLLINS ELECTRICAL CONST. CO. COMMUNICATION SRV FOR THE DEAF CRABTREE COMPANIES INC. DONALD SALVERDA & ASSOCIATES DOWNTOWNER DUCHARME, JOHN P. EASTMAN, THOMAS EDEN SYSTEMS, INC. 53815 4/17/01 00432 EDGE, DOUG 53816 4/17/01 00463 EMERGENCY APPARATUS MAINT. 53817 4/17/01 00519 FLEXIBLE PIPE TOOL CO. 53818 4/17/01 00612 GYM WORKS INC 53819 4/17/01 00677 HOME DEPOT - GECF 53820 4/17/01 01605 INSTITUTE FOR FORENSIC PSYCH, THE 53821 4/17/01 00789 KATH FUEL OIL SERVICE CO 53822 4/17/01 01894 KELLY & FAWCETT PA 53823 4/17/01 00857 LEAGUE OF MINNESOTA CITIES 53824 4/17/01 00872 LINDORFF, DENNIS 53825 4/17/01 00904 M.L.E.E.A. 53826 4/17/01 00973 MENARDS 53827 4/17/01 00977 53828 4/17/01 00998 53829 4/17/01 01015 53830 4/17/01 00394 53831 4/17/01 02025 53832 4/17/01 01953 53833 4/17/01 02027 !A - - - - -�� METRO ATHLETIC SUPPLY MIDWEST COCA -COLA BOTTLING CO. MINNCOMM MOTOR VEHICLE SERVICE, DEPT OF MPPOA MUNICI -PALS NATIONAL MEDICAL REVIEW OFFICE 1178 BLACK 24" X 50 YARDS 1178 BLACK 24" X 50 YARDS 1178 BLACK 24" X 50 YARDS MISC SUPPLIES - MARCH 2001 REPAIRS CITY HALL SEC SYS ACCESS TAGS FOR SEC SYS HELMET LETTERS REIMBURSE MILEAGE - 3/6 TO 3/30 TUITION REIMBURSEMENT PARAMEDIC SCH 3/5 TO 3/9 PARAMEDIC SCH 3/19 TO 3/23 PARAMEDIC SCH 3/26 TO 3/29 PARAMEDIC SCH' 4/2 TO 4/6 MOTOROLA REPLACEMENT BATTERIES 3 NAME SIGNS MERCH FOR RESALE MERCH FOR RESALE REIMBURSE MILEAGE 3/24 TO 4/6 MISC SUPPLIES STOP RELAY FOR LIFT STATION 6 INTERPRETER - COUNCIL MTG 3/26 LASERJET 815ON (C4266A) FACILITATOR FEE GAS DETAIL AUCTION VEHICLES DETAIL AUCTION VEHICLE DETAIL AUCTION VEHICLES SAFETY BOOTS & LITH BATTERY REIMBURSE MILEAGE 4/10 UPGRADE SOFTWARE - EQUIPMENT UPGRADE SOFTWARE - EQUIPMENT SAFETY BOOTS REPAIR TO MEDIC 1 HOSE REEL SWIVEL LIFECYCLE SEATS SLEDGE HAMMERS STATION SUPPLIES PSCHOLOGICAL EXAM - 1 PSYCH EXAMS - 2 PO CANDIDATES CABLE TIES LEGAL SERVICES - MAR 2001 PROSECUTION - MAR 2001 SUBSCRIPTION - CITIES BULLETIN STEEL TOE BOOTS CONF FOR CADETS AT BREEZY POINT MISC SUPPLIES WIZARD FLEXSHAFT TOOL HOCKEY CORD MERCH FOR RESALE PAGERS 12 POLICE LICENSE PLATES 2001 LAW ENFORCEMENT AGENCIES D ANNUAL SPRING BUSINESS MTG DRUG TEST COLLECTION FEE 3,502.36 2,643.50 105.73 227.19 350.39 452.63 120.35 45.54 392.32 36.79 39.47 30.16 39.43 171.00 45.00 80.40 160.80 8.28 117.31 221.43 100.00 3,455.93' 2,637.57 7.00 117.65 117.65 117.65 169.25 21.39 968.75 855.00 148.75 475.46 319.50 123.02 31.82 139.65 350.00 700.00 28.48 8,820.44 5,250.00 60.00 131.75 1,980.00 22.93 53.24 42.79 508.30 163.98 36.00 20.00 429.00 100.00 vchlist 04/13/2001 10:15:54AM Check Register City of Maplewood Page: 2 Check Date Vendor Description /Account Amount 53834 4/17/01 00395 NATURAL RESOURCES, DEPT OF DNR FEES 722.00 53835 4/17/01 01212 OLSON, ARNOLD G REIMBURSE MILEAGE 3/19 TO 4/6 77.28 PLAN REVIEWER & CODE CONS 1,590.00 53836 4/17/01 00001 ONE TIME VENDOR REF JIM CARTER - ANNUAL FEE 287.55 53837 4/17/01 00001 ONE TIME VENDOR REF ANGELA PANKRATZ - SOFTBALL 100.00 53838 4/17/01 00001 ONE TIME VENDOR REF DAWN FINKEN - CAMP ADV 50.00 53839 4/17/01 00001 ONE VENDOR REF SHANNON ANDERSON - FENCING 50.00 53840 4/17/01 00001 ONE TIME VENDOR REF KATHLEEN PRINS - SOFTBALL 40.00 53841 4/17/01 00001 ONE TIME VENDOR REF MICHAEL MACKIEWICZ - SOFTBAL 35.00 53842 4/17/01 00001 ONE TIME VENDOR REF HEATHER WHITE - T BALL 30.00 53843 4/17/01 01311 P.E.R.A. ER ID #6120- 00,01,51 - 4/13/01 P/R 36,256.18 53844 4/17/01 01238 PAKOY, EUGENE F HEATING INSPECTIONS 4,407.99 53845 4/17/01 01267 PIONEER PRESS ADVERTISING MCC 503.68 53846 4/17/01 ` :01268 PIONEER RIM AND WHEEL CO. MISC SUPPLIES 16.40 53847 4/17/01 01295 PREMIER BANK ANNUAL RENTAL FEE BOX #424 110.00 53848 4/17/01 01337 RAMSEY COUNTY -PROP REC & REV SPECIAL ASSESSMENT CHARGES 4,527.50 TRUTH IN TAX NOTICE REIMBURSEMEN 2,691.32 53849 4/17/01 01341 RAMSEY CTY FIRE CHIEFS ASSOC. 2001 DINNER & MEETING. 82.25 53850 4/17/01 01340 REGIONS HOSPITAL PARAMEDIC SUPPLIES 361.80 53851 4/17/01 01360 REINHART FOODSERVICE MERCH FOR RESALE 111.10 53852 4/17/01 00069 RISK MANAGEMENT ALTERNATIVES PAYMENT FOR PRE - COLLECT 29.00 53853 4/17/01 01418 SAM'S CLUB DIRECT CANDY /POP 181.13 53854 4/17/01 01504 ST PAUL, CITY OF RADIO SRV & MAINT - MAR 2001 1,034.47 53855 4/17/01 01564 SUZANNE'S CUISINE, INC. LUNCH - COUNCIL/STAFF.'RETREAT 288.61 53856 4/17/01 01591 TAYLOR SALES, INC. REPAIR YOGURT MACHINE 87.00 53857 4/17/01 01683 UNIFORMS UNLIMITED INC PANTS 44.06 PANTS 45.95 PANTS 45.95 PANTS /GLOVES /KEEPERS /BELT /BULB 40.40 53858 4/17/01 01750 WATSON CO INC, THE MERCH FOR RESALE 278.55 53859 4/17/01 01980 WHITE BEAR GLASS INC INSTALL I.G. IN GREEN ROOM 644.20 53860 4/17/01 01190 XCEL ENERGY MO UTIL - STMT DATE 4/4/01 43,382.25 53861 4/17/01 01807 ZWIEG, SUSAN REIMBURSE MILEAGE 4/3/01 18 67 Checks in this report Total checks: 135,463.63 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pa ee Description 04/09/01 04/10/01 04/09/01 04/10/01 04/06/01 04/10/01 04/10/01 04/11/01 04/10/01 04/11/01 04/06/01 04/11/01 04/ 11 /01 04/ 12/01 04/11/01 04/12/01 04/12/01 04/13/01 04/12/01 04/13/01 04/12/01 04/13/01 04/13/01 04/16/01 04/13/01 04/16/01 04/13/01 04/16/01 MN State Treasurer MN State Treasurer CBSA MN State Treasurer MN State Treasurer Elan Financial Services MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer MN Dept of Revenue MN State Treasurer MN State Treasurer U.S. Treasurer Drivers License #697 Deputy Registrar #149 Dental claims Drivers License #697 Deputy Registrar #149 Purchasing card items Drivers License #697 Deputy Registrar #149 Drivers License #697 Deputy Registrar #149 MNCare Tax Drivers License #697 Deputy Registrar #149 Federal Payroll Tax TOTAL Amount 868.75 15,584.50 2,180.41 996.75 22,167.13 11, 341.72 925.00 18, 946.94 676.50 14,269.25 2,399.00 609.50 16,112.55 71,940.09 179.018.09 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE.CURRENT PAY PERIOD CHECK NUMBER CHECK DATE ________EMPLOYEE NAME AMOUNT DIRECT DEPOSIT 04/13/01 ----------- - - - - -- ALLENSPACH,SHERRY -------------- 339.27 DIRECT DEPOSIT 04/13/01 ALDRIDGE,MARK 2876.69 DIRECT DEPOSIT 04/13/01 BOHL ,JOHN C 2797.08 DIRECTDEPOSTT 04/13/01 FLOR, TIMOTHY 2368.57 DIRECT DEPOSIT 04/13/01 FRASER, JOHN 2389.10 DIRECT DEPOSIT. 04/13/01 TAUBMAN,DOUGLAS J 2185.25 DIRECT DEPOSIT 04/13/01 PALMA, STEVEN 2389.10 DIRECT DEPOSIT 04/13/01 JOHNSON, KEVIN 2155.80 DIRECT DEPOSIT 04/13/01 ERICKSON, VIRGINIA A 2200.74 DIRECT DEPOSIT 04/13/01 CROTTY,KERRY 2104.74 DIRECT DEPOSIT 04/13/01 HASSENSTAB, DENISE R 149.50 DIRECT DEPOSIT 04/13/01 HIEBERT, STEVEN 972.24 DIRECT DEPOSIT 04/13/01 DUNK, ALI CE 2104.74 DIRECT DEPOSIT 04/13/01 CORNER, AMY L 160.80 DIRECT DEPOSIT 04/13/01 BELDE, STANLEY 2360.09 DIRECT DEPOSIT 04/13/01 RENSLOW, RITA DIRECT DEPOSIT 282.75 04/13/01 BAKKE,LONN A 2138.69 DIRECT DEPOSIT 04/13/01 BOWMAN,RICK A 2219.14 DIRECT DEPOSIT DIRECT DEPOSIT 04/13/01 KOPPEN,MARVIN 339.27 DIRECT DEPOSIT 04/13/01 PIKE, GARY K 2578.79 DIRECT DEPOSIT 04/13/01 HEINZ, STEPHEN J 2328.54 DIRECT DEPOSIT 04/13/01 HERBERT ,MICHAEL J 2572-96 DIRECT DEPOSIT 04/13/01 STOCKTON, DERRELL T 973-94 DIRECT DEPOSIT 04/13/01 ROSSMAN,DAVID A 2288.11 DIRECT DEPOSIT 04/13/01 HALWEG, KEVIN R 2457.55 7 CHECK NUMBER. CHECK DATE DIRECT DEPOSIT 04 / 13 / O 1 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 DIRECT DEPOSIT 04/13/01 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD EMPLOYEE NAME MARUSKA,ERICA OLSON, JULIE S BREHEIM,ROGER W LARSON,DANIEL J THIENES,PAUL ANZALDI,MANDY POWELL, PHILIP SZCZEPANSKI,THOMAS J WENZEL, JAY B DOBLAR , R I CHARD N COLLINS,KENNETH V CAMPBELL ,CRAIG D DOLLERSCHELL,ROBERT J ERI CKSON, KYLE F WEAVER,KRISTINE A HAWKI NS ,LISA A KOEHNEN, AMY MCGUIRE,MICHAEL A OSTER,ANDREA J URBANSKI,HOLLY S ANDERSON,CAROLE J JACKSON, MARY L TETZLAFF , JUDY A CASARE Z , G I NA CARLE,JEANETTE E AMOUNT 310.45 1656.34 1465.22 1761.25 2182.11 577.50 1767.60 2373.04 1570.34 1813.99 339.27 1570.34 251.25 859.83 864.91 19.95 197.48 1555.14 1338.26 1303.84 1691.02 1391.94 1369.54 1438.34 �0161 t%J CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK NUMBER CHECK DATE EMPLOYEE NAME AMOUNT DIRECT DEPOSIT 04/13/01 ----------------- - - - - -- JAGOE, CAROL 1438.34 DIRECT DEPOSIT 04/13/01 OLSON, SANDRA 870.80 DIRECT DEPOSIT 04/13/01 CORCORAN, THERESA M 1239.14 . DIRECT DEPOSIT 04/13/01 MARTINSON, CAROL F 1438.34 DIRECT DEPOSIT 04/13/01 EVERSON, PAUL 1898.86' DIRECT DEPOSIT 04/13/01 PARSONS, KURT G 1617.42 DIRECT DEPOSIT 04/13/01 S PANGLER , EDNA E 798.74 DIRECT DEPOSIT 04/13/01 ZWIEG, SUSAN C. 1775.97 DIRECT DEPOSIT 04/13/01 DeBILZAN, THOMAS C 1385.54 DIRECT DEPOSIT 04/13/01 EDGE ,DOUGLAS 1610.14 DIRECT DEPOSIT 04/13/01 LUTZ ,DAVID P 1609.54 DIRECT DEPOSIT 04/13/01 MEYER, GERALD W 1676.74 DIRECT DEPOSIT 04/13/01 NAGEL,BRYAN 1636.54 DIRECT DEPOSIT 04/13/01 OSWALD, ERICK D 1655.54 DIRECT DEPOSIT 04/13/01 DUCHARME ,JOHN 1929.54 DIRECT DEPOSIT 04/13/01 PECK,DENNIS L 2067.94 DIRECT DEPOSIT 04/13/01 PRIEBE,WILLIAM 3336.39 DIRECT DEPOSIT 04/13/01 DOHERTY,KATHLEEN M 1554.34 DIRECT DEPOSIT 04/13/01 SCHINDELDECKER,JAMES 1611.94 DIRECT DEPOSIT 04/13/01 GREW- HAYMAN,JANET M 1042.21 DIRECT DEPOSIT DIRECT DEPOSIT 04/13/01 HORSNELL,JUDITH A 871.97 DIKECTDEPOSIT 04/13/01 NELSON, JEAN 942.82 DIRECT DEPOSIT 04/13 /01 GP,YNOR,VIRGINIA A 1500.74 DIRECT DEPOSIT 04/13/01 LIVINGSTON,JOYCE L 863.00 DIRECT DEPOSIT 04/13/01 THOMPSON, DEBRA J 555.54 t%J CITY OF MAPLEWOOD. EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK NTJMP, v"", C -TIECK DATE EMPLOYEE NAME AMOUNT DIRECT DEPOSIT X / 13 / 01 EKSTRAND , THOMAS G 2213.16 DIRECT DEPOSIT 04/13/01 ROBERTS , KENNETH 2080.26 DIRECT DEPOSIT 04/13/01 CARVER ,NICHOLAS N 2091.14 DIRECT DEPOSIT 04/13/01 KELLY ,LISA 1118.28 DIRECT DEPOSIT 04/13/01 NORDQUI ST , RI CHARD 18 41.5 2 DIRECT DEPOSIT 0 4/ 13 / 01 OT I S, MARY ELLEN M 630..80 DIRECT DEPOSIT 04/13/01 CHRIS TENS EN , JOD I E D 941.21 DIRECT DEPOSIT 04/13/01 COLEMAN PHILIP 384.49 DIRECT DEPOSIT 04/13/01 FARR ,DIANE M 364.49 DIRECT DEPOSIT 04/13/01 HORWATH , RONALD J 550.55 DIRECT DEPOSIT 04/13/01 LARSON DEBRA 273.19 DIRECT DEPOSIT 04/13/01 SEEGER , GERALD F 422.83 DIRECT DEPOSIT 04/13/01 STEINHORST,JEFFREY 568.67 DIRECT DEPOSIT 04/13/01 SWANSON,LYLE 1677.30 DIRECT DEPOSIT 04/13/01 FLUG MEGAN L 166.63 DIRECT DEPOSIT 04/13/01 WATC ZAK, LAURA 2104.74 DIRECT DEPOSIT 04/13/01 HOIUM,DORA 476.00 DIRECT DEPOSIT 04/13/01 MORNING,TIMOTHY L 1397.76 DIRECT DEPOSIT 04/13/01 SCHULTZ,SCOTT M 1677.01 DIRECT DEPOSIT .04/13/01 REILLY,MICHAEL R 1398.93 DIRECT DEPOSIT 04/13/01 YOUNG,DILLON J 763.80 DIRECT DEPOSIT .DIRECT DEPOSIT 04/13/01 ATKINS,KATHERINE 70.88 DIRECT DEPOSIT 04/13/01 RAWLINGS , RINDA M 1210.21 DIRECT DEPOSIT 04/13/01 McCLUNG, HEATHER A 269.43 DIRECT DEPOSIT 04/13/01 DARST , JAMES M 1579.14 10 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK NUMBER CI- ?ECK DATE EMPLOYEE NAME AMOUNT DIRECT DEPOSIT '-' `� /13/01 ------------- ----------------- S INDT , ANDREA J ------------ 1226.34 DIRECT DEPOSIT 04/13/01 WORWA, L INDSAY M 140.78 DIRECT DEPOSIT 04/13/01 JUNG, STEPHANIE J 1870.98 DIRECT DEPOSIT 04/13/01 FRY, PATRICIA 1525.54 DIRECT DF.F'OSIT = 04/13/01 CARLSON, THERESE 1881.27 DIRECT DEPOSIT 04/13/01 LE, SHERYL 3486.92 DIRECT DEPOSIT 04/13/01 FAUST, DANI EL F 3630.30 DIRECT DEPOSIT 04/13/01 BAUMAN , GAYLE L 2374.77 DIRECT DEPOSIT 04/13/01 KELSEY, CONNIE L 1098.81 DIRECT DEPOSIT 04/13/01 GUI LFO I LE , KAREN E 2328.38 DIRECT DEPOSIT 04/13/01 WINGER, DONALD S 3506.12 DIRECT DEPOSIT 04/13/01 ANDREWS, SCOTT A 2511.80 DIRECT DEPOSIT 04/13/01 BANICK,JOHN J 2743.10 DIRECT DEPOSIT 04/13/01 KARIS,FLINT D 2440.92 DIRECT DEPOSIT 04/13/01 KVAM ,DAVID 2403.13 DIRECT DEPOSIT 04/13/01 RABBETT,KEVIN 2367.31 DIRECT DEPOSIT 04/13/01 STEFFEN,SCOTT L 2606.80 DIRECT DEPOSIT 04/13/01 THOMALLA,DAVID J 2743.10 DIRECT DEPOSIT 04/13/01 BERGERON, JOSEPH A 2489.68 DIRECT DEPOSIT DIRECT DEPOSIT 04/13/01 GERVAI S- JR , CLARENCE N 2040.22 DIRECT DEPOSIT : 04/13/01 CALLAHAN, COLLEEN J 1985.93 DIRECT DEPOSIT 04/13/01 LUKIN, STEVEN J 2657.40 DIRECT DEPOSIT 04/13/01 SVENDSEN, RUSTIN L 2121.80 DIRECT DEPOSIT 04/13/01 PRIEFER,WILLIAM 1991.94 DIRECT DEPOSIT 04/13/01 KANE ,MICHAEL R 2235.14 11 .CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK NUMBER CHECK DATE EMPLOYEE NAME --------------------- AMOUNT DIRECTDEPOSIT 04/13/01 - - - - -- LUNDSTEN, LANCE -------- - - - - -- 2 544 .51 DIRECT DEPOSIT 04 / 13 / O 1 CAVETT, CHRI STOPHER M 2634.33 DIRECT DEPOSIT 04/13/01 ANDERSON, BRUCE 3325-98 DIRECT DEPOSIT 04/13/01 MARUSKA, MARK A 2 2 3 5 .14 DIRECT DEPOSIT 04/13/01 HUTCHINSON, ANN E 1853-54. DIRECT DEPOSIT 04/13/01 COLEMAN, MEL INDA 3490.34 DIRECT DEPOSIT 04/13/01 GRAF,MICHAEL 1311.94 DIRECT DEPOSIT 04/13/01 ROBBINS , AUDR.A L 1311.94 DIRECT DEPOSIT 04/13/01 CROSSON, LINDA 1743.14 DIRECT DEPOSIT 04/13/01 EASTMAN, THOMAS E 2195.14 DIRECT DEPOSIT 04/13/01 STAPLES, PAULINE 2472.00 DIRECT DEPOSIT 04/13/01 SCHLINGMAN, PAUL 1882.34 DIRECT DEPOSIT 04/13/01 HURLEY, STEPHEN 2314.62 DIRECT DEPOSIT 04/13/01 JOHNSON, BONNIE 865.94 DIRECT DEPOSIT 04/13/01 BERGO ,CHAD M 1673.54 DIRECT DEPOSIT 04/13/01 MARTIN,JERROLD 1379.14 DIRECT DEPOSIT 04/13/01 HALWEG,JODI A 1286.34 DIRECT DEPOSIT 04/13/01 AHL,R. CHARLES 3562.11 DIRECT DEPOSIT DIRECT DEPOSIT 04/13/01 LU,JOHNNIE T 1379.14 DIRECT DEPOSIT SCHROFER, ROBERT J 1569.95 83421 04/13/01 CARDINAL, ROBERT J.. 385.50 83428 04/13/01 WASILUK,JULIE A 339.27 83429 04 /13j(}1 FURSMAN,RICHARD F 4438.99 83430 04/13/01 HENSLEY,PATRICIA 174.30 83431 04/13/01 ZICK,LINDA 460.00 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK NUMBER ------ - - - - -- CHECK DATE ---- - - - - -- EMPLOYEE NAME AMOUNT 83432 04/13/01 ------------------------ - - - - -- CUDE,LARRY J -------- - - - - -- 403.46 83433 04/13/01 BEHM,LOIS N 550.00 83434 04/13/01 MA.THEYS,ALANA KAYE 1748.09 83435 04/13/01 WEGWERTH,JUDITH A 1523.14 83436 04/13/01 VIETOR,LORRAINE S 1711.58 83437 04/13/01 MICHNA,PATRICIA M 96.00 83438 04/13/01 PALANK,MARY KAY 1438 .34 83439 04/13/01 RICHIE,CAROLE L 1497.27 83440 04/13/01 RYAN,MICHAEL 1555.23 83441 04/13/01 SVENDSEN,JOANNE M 1785.48 83442 04/13/01 TICHY,PAMELA M 168.00 83443 04/13/01 BARTZ,PAUL 2452.34 83444 04/13/01 BUSACK, DANIEL P 1572.63 83445 04/13/01 KONG,TOMMY T 1441.84 83446 04/13/01 WELCHLIN,CABOT V 2162.19 83447 04/13/01 MEEHAN,JAMES 2528.20 83448 04/13/01 SHORTREED,MICHAEL P 2558.90 83449 04/13/01 DARST,ROBERTA L 548.75 83450 04/13/01 SCHWAB,TAHIRAH H 112.00 83451 04/13/01 CHLEBECK,JUDY M 1611.94 83452 04/13/01 NIVEN,AMY S 623.17 83453 04/13/01 FREBERG,RONALD L 1639.14 83454 04/13/01 JONES,DONALD R 1385.54 83455 04/13/01 ELIAS,JAMES G 2067.94 83456 04/13/01 EMMS,MELISSA K 43.60 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT-PAY PERIOD CHECK NUMBER ------ - - - CHECK DATE EMPLOYEE NAME - -- 83457 ---- - - - - -- 04/13/01 ------------------------ - - - - -- LINDBLOM,RANDAL 83458 04/13/01 EDSON,DAVID B 83459 04/13/01 HELEY,ROLAND B 83460 04/13/01 HINNENKAMP,GARY 83461 04/13/01 LINDORFF,DENNIS P 834 =62 04 NOVAK,M.ICHAEL J 83463 04/13/01 BERGREN,KIRSTEN A 83464 04/13/01 McCUSKER,ELIZABETH A MANNING 83465 04/13/01 HANSEN,LORI L 83466 04/13/01 ANDERSON,EVERETT 83467 04/13/01 BESETH,GORDON R 83468 04/13/01 OSTROM,MARJORIE 83469 04/13/01 WENGER,ROBERT J 83470 04/13/01 ANGLES,JERI L 83471 04/13/01 FINN,GREGORY S 83472 04/13/01 FRANK,LAURA 83473 04/13/01 GEBHARD,JILLIAN R 83474 04/13/01 NIVEN,NICK R 83475 04/13/01 OHLHAUSER,MEGHAN M 83476 04/13/01 SHOBERG,KARI A 83477 04/13/01 VAUGHAN,PATRICK J 83478 04/13/01 WERNER,KATIE M 83479 04/13/01 GERMAIN,DAVID 83480 04/13/01 HAAG,MARK W 83481 04/13/01 NADEAU,EDWARD A AMOUNT 2602.14 1639.14 1639.14 1585.62 1609.54 1236.74 117.00 68.00 925.55 509.29 60.00 2569.54 2053.54 96.00 1403.14 255.75 244.13 152.25 12.00 219.31 134.00 145.31 1623.94 1337.99 2235.14 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK NUMBER, ------ - - - - -- CHECK DATE ---- - - - - -- EMPLOYEE NAME ------------------------ AMOUNT 83482 04/13/01 - - - - -- GLASS,JEAN -------- - - - - -- 922.16 83483 04/13/01 HOIUM,SHEILA 896.86 83484 04/13/01 HOOGE,NICK S 159.80 83485 04/13/01 MOFFAT,ETHAN J 99.40 83486 04/13/01 PARTLOW,JOSHUA J 170.00 83487 04/13:/01 POWERS,NICOLE L 290.55 83488 04/13/01 RIDLEHOOVER,KATE I 531.70 83489 04/13/01 SCHMIDT,RUSSELL 1289.54 83490 04/13/01 SHOBERG,CARY J 342.46 83491 04/13/01 SMITH,AMY L 65.21 83492 04/13/01 UNGER,MARGARET A 630.81 83493 04/13/01 ABRAHAMSON,REBECCA L. 40.98 83494 04/13/01 ANDERSON,TIMOTHY R 100.63 83495 04/13/01 BACHMAN,NICOLE T 126.73 83496 04/13/01 BODZIAK,MICHAEL D 283.75 83497 04/13/01 CARLSON,JULIE ANN 20.00 83498 04/13/01 CHAPMAN,JENNY A 333.05 83499 04/13/01 CMIEL,NICHOLAS S 52.80 83500 04/13/01 COSTA,JOSEPH P 225.00 83501 04/13/01 DeGRAW,KRYSTAL M 662.03 83502 04/13/01 ERICKSON,CAROL A 84.60 83503 04/13/01 FALKENSTEIN,MONICA A 74.75 83504 04/13/01 GRUENHAGEN,LINDA C 308.25 83505 04/13/01 HAGGERTY,KATHRYN A 56.70 83506 04/13/01 HAWKE,ASHLEY RYAN 833.42 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK NUMBER ------ - - - - -- CHECK DATE ---- - - - -- EMPLOYEE NAME AMOUNT 83507 - 04/13/01 ------------------------ - - - - -- HEINN,REBECCA L -------- - - - - -- 350.15 83508 04/13/01 HOLMGREN,LEAH M 309.03 83509 04/13/01 HOULE,DENISE L 340.85 83510 04/13/01 IRISH, KARL D 143.00 83511 04/13/01 JOHNSON,ROBERT P 241.75 83512.:.04/.13/01 JOHNSON,ROLLAND H 50.75 83513 04/13/01 JOVONOVICH,TODD R 67.45 83514 04/13/01 KERSCHNER,JOLENE M 227.25 83515 04/13/01 KOEHNEN,MARY B 641.42 83516 04/13/01 KROLL,MARK J 54.40 83517 04/13/01 KRONHOLM,KATHRYN R 201.50 83518 04/13/01 MEISEL,TAMBREY 27.00 83519 04/13/01 MOSSONG,ANDREA M 288.26 83520 04/13/01 McMAHON,MELISSA E 45.50 $3521 04/13/01 OLSON,ABIGAIL E 120.88 83522 04/13/01 OWEN,JONATHAN 239.57 83523 04/13/01 PEHOSKI,CAITLIN M. 175.50 83524 04/13/01 PEHOSKI,JOEL T 146.20 83525 04/13/01 REGESTER, DOUG 21.25 83526 04/13/01 SMITLEY,SHARON L 261.35 83527 04/13/01 SWANER,JESSICA 159.90 83528 04/13/01 WARNER,CAROLYN 166.80 83529 04/13/01 WELTER,ELIZABETH M 162.33 83530 04/13/01 WHITE,NICOLE B 237.49 83531 04/13/01 WHITE,TIMOTHY M 40.50 16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK NUMBER ------ - - - - -- CHECK DATE ---- - - - - -- EMPLOYEE NAME AMOUNT 83532 04/13/01 ------------------------ - - - - -- WILLIAMS,KELLY M -------- - - - - -- 831.54 83533 04/13/01 WOODMAN,ALICE E 208.05 83534 04/13/01 ZIELINSKI,JENNIFER L 79,80 83535 04/13/01 BOSLEY,CAROL 137.35 83536 04/13/01 BRAUNIG,MELISSA J 180.00 83537. :04/13/01 BREITBACH,GARY J 598.50 83538 04/13/01 GLASS,GILLIAN 89.15 83539 04/13/01 GROPPOLI,LINDA M 241.50 83540 04/13/01 HANSEN,ANNA K 100.51 83541 04/13/01 HANSEN,EMILY J 12.00 83542 04/13/01 HOPKINS,ERIC T 127.50 83543 04/13/01 HUPPERT,ERICA L 241.98 83544 04/13/01 KONECZNY,JENNA M 24.00 83545 04/13/01 RADKE,ANN M 81.00 83546 04/13/01 SCHROEDER,KATHLEEN 356.40 83547 04/13/01 TARNOWSKI,MICHAEL 21.45 83548 04/13/01 ANDERSON,LINDSEY J 78.00 83549 04/13/01 BEHAN,JAMES 1368.74 83550 04/13/01 CHAPEAU,GREG M 62.15 83551 04/13/01 DOUGLASS,TOM 182.70 83552 04/13/01 JAHN,DAVID J 1390.18 83553 04/13/01 KOSKI,JOHN F 1041.69 83554 04/13/01 LANGEVIN,KRISTINA A 130.50 83555 04/13/01 LESLIE,DUSTIN G 150.00 83556 04/13/01 LONETTI,JAMES F 756.23 17 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK NUMBER ------ - - - - -- CHECK DATE ---- EMPLOYEE NAME AMOUNT 83557 - - - - -- 04/13/01 ------------------------ - - - - -- MAINA,FRANK -------- - - - - -- 138.00 83558 04/13/01 MORIN,TROY J 150.00 83559 04/13/01 PATTERSON,ALBERT 650.19 83560 04/13/01 PETERSON,LYNDSAY P 18.00 83561 04/13/01 PRINS,KELLY M 361.31 83562 04/13/01 RISTOW,JONATHAN W 54.00 83563 04/13/01 ROSEBEAR,CRYSTAL J 81.00 83564 04/13/01 SARPONG,SEAN D 204.00 83565 04/13/01 SEVERSON,HOLLY A 54.00 83566 04/13/01 AICHELE,CRAIG J 1431.94 83567 04/13/01 MULVANEY,DENNIS M 1779.94 83568 04/13/01 PRIEM, STEVEN A. 1640.58 327953.07 ffe'll AGENDA NO. " a� Action by Council Date Endorsed AGENDA REPORT Modified _.- Rejected - TO: City Manager FROM: Finance Director j RE: TRANSFER TO CLOSE DEBT SERVICE FUND FOR 1977 BOND ISSUE DATE: April 13, 2001 PROPOSAL It is proposed that Debt Service Fund #315 for the 1977 Improvement Bonds be closed by a transfer in of $2,391.03 from the General Fund and that the appropriate budget adjustments be approved. BACKGROUND The final principal and interest payments have been made on the 1977 Improvement Bonds. The current deficit in the debt service fund for the bond issue is $2,391.03. This deficit could be eliminated by a tax levy payable in 2002 or by a transfer from the General Fund. Due to the relatively small size of the deficit, a transfer from the General Fund is the best option. RECOMMENDATION It is recommended that Debt Service Fund #315 for the 1979 Improvement Bonds be .closed by a transfer in of $2,391.03 from the General Fund and that the appropriate budget adjustments be approved. P: \agn \closedebfiFund315.doc AGENDA NO. &,3 Action by Council Date AGENDA REPORT Endorsed Modified Rejected TO: City Manager FROM: Finance Director RE: TRANSFER TO CLOSE DEBT SERVICE FUND FOR 1991 BOND ISSUE DATE: April 13, 2001 PROPOSAL It is proposed that Debt Service Fund #323 (for the 1991 Improvement Bonds) be closed by a transfer in of $175,860.58 from Debt Service Fund #334 (for the 1998 Refunding Improvement Bonds) and that the appropriate budget adjustments be approved. BACKGROUND The final principal and interest payments have been made on the 1991 Improvement Bonds. The current deficit in the debt service fund for the bond issue is $175,860.58. This deficit should be eliminated by a transfer from Debt Service Fund #334 (for the 1998 Refunding Improvement Bonds) because these bonds were issued to refinance the 1991 Bonds. RECOMMENDATION It is recommended that Debt Service Fund #323 (for the X991 Improvement Bonds) be closed by a transfer in of $175,860.58 from Debt Service Fund #334 (for the 1998 Refunding Improvement Bonds) and that the appropriate budget adjustments be approved. P:\agn\closedebtfund323.doc AGENDA ITEM G AGENDA REPORT Action by Council TO: Chuck Ahl, Public Works Director Date - -- - FROM: Lance Lundsten, Public Work Coordinator Endorsed ed SUBJECT: Cope Avenue Water Tower Rejected DATE: April 13, 2001 This spring the Saint Paul Regional Water Services is performing maintenance on the Cope Avenue water tower. This includes repainting of the tower. Saint Paul does not include logos or lettering in their maintenance. Therefore if an agency wishes to retain its logo and lettering on the structure, the agency must finance it. Through negotiations with St. Paul's contractor, Outland Protective Coating, they have agreed upon a cost of $6800. As the City of Maplewood was not aware of the project until the fall of 2000, no funds were budgeted for this project. Staff recommends the transfer of funds in the amount of $6800 from the general contingency fund to PublicWorks Administration 101 - 501 -4480 to facilitate logo and lettering application (same as current markings) of the Cope Avenue tower. LAL jw attachment Odland Protective Coatincys. Inc. 7655 V ernoil Street Rockford. N/IN 55373 7ti 1_477.65 Sold To:. John Starr, St Paul Wator 1900 Rice Street St. Paul, MN 55101 -,ogo and Lettering on Cope Ave. Tower . 'r .J . .: .. ess: : : : : : :, : : : : : : : : :..... Invoice Number: 2001-051 Invoice Date: January -3. 2001 OKWOO 0@f� Billed To: (If other than Sold To:) City of Maplewood a AGENDA ITEM AGENDA REPORT Action by C oi,n a Date TO: City Manager Endorsed ° Modified FROM: Assistant City Engineer Rejected SUBJECT: Increase Budget for Temporary Engineering Intern Positions DATE: April 16, 2001 The Maplewood Engineering Department has continued to be very busy and is currently preparing for a busy 2001 construction season. With the proposed work load, there will be more work than can be handled by the current number of staff. Each year at this time, we evaluate our needs for the coming construction season. It is anticipated that during the height of this construction season, we will need three full - time positions. In the fall it would be anticipated that at least one part -time position would be warranted. We typically fill these positions with university engineering students looking to work in an internship position. Currently, we have one student intern working with our department and there is an engineering budget of $10,000 for wages /temporary. It is estimated that the cost of three temporary full -time positions would be approximately $24,000. It is estimated that all the positions would be a minimum of 50% billable to projects, resulting in a revenue of at least $37,000. This excess revenue is returned to the general fund. The impact to the general fund is a positive $13,000. Staff recommends that the city council authorize staff to hire two additional temporary engineering interns and to make the necessary transfers from the general fund contingency to increase the engineering budget for wages/ temporary from $10,000 to $24,000. CIVIC jc AGENDA ITEM AGENDA REPORT Action by Co ncij TO: Chuck Ahl Director of Public Works Date ' Endorsed FROM: Lance Lundsten Public Works Mimed b c o ks Coordinator Rejec SUBJECT: Surplus Property A DATE: April 11, 2001 Declare as surplus property and authorize disposal at police /city auction or state surplus auction. 1. Model #15109, S.N. 4057 Sun performance analyzer machine cabinet. 2. Model 1115 Sun performance analyzer, city tag # 00334. T is eq ui pmen - t i-s obsolete - a - nd has -- not -- been usedJn 7 - 10 - yea rs -. AGENDA NO. CVO* I AGENDA REPORT TO: City Manager FROM: Colleen Callahan, COS Coordin for RE: HUMAN RELATIONS COMMISSI N ANNUAL REPORT DATE: April 9, 2001 INTRODUCTION Action by Council Date Endorsed Modified Dejected Attached is the 2000 Human Relations Commission Annual Report for your information and review. RECOMMENDATION HRC recommends approval of the 2000 Human Relations Commission Annual Report. gc Attachment MEMORANDUM DATE: February 3, 2001 TO: Mayor Robert Cardinal City Council City Manager FROM: Donna Brown, Chair Human Relations Commission RE: 2001 ANNUAL REPORT The Maplewood Human Relations Commission respectfully submits its 2001 Annual Report pursuant to Article IV, Sec. 2 -75 of the City Ordinance. During 2001 the Commission continued its mission of improving the human relations climate of our community by sponsoring community events, throughout the City of Maplewood. The activities and accomplishments of the Commission are outlined in this report, as well as its goal and objectives for 2002. We look forward to expanding our activities in 2002 to include collaborative ventures with other organizations and commissions. We look forward to enhancing our relationships with all Maplewood City officials and departments for the benefit of our residents. February 3, 2001 To the Citizens of Maplewood: It is my pleasure to submit to you, the citizens of Maplewood, the 2001 Maplewood Human Relations Commission's Annual Report. Throughout the year, the Commission has attempted to bring to Maplewood citizens various programs, contests, and dedications that serve as a reminder of what this Commission promotes - -an end to racial prejudice, and bias hate crimes, equal housing opportunities and, human rights for all. Through increased programming we have tried to heighten awareness of Mapelwood citizens on what we do, and to encourage more participation and involvement in our community. Throughout the year we have sponsored many new and creative programs to encourage a celebration atmosphere about our diverse community. We sponsored two Mixed Blood performances this year and two additional performances are scheduled in 2002. We facilitated the dedication ceremony of all city building as "World Peace Sites ". We have challenged the schools in our district to ded icate their facilities as "peace sites" as well, this means we are dedicated to promoting safety for all and encouraging peace on a broader scale - "World Peace ". Our Commission worked with Hill Murray High School on a project to determine how truly accessible our businesses are. Not only was it educational to us, but the youth became more aware of daily struggles individuals with handicaps experience. I wish to personally thank HealthEast for use of wheelchairs, walkers and canes for use by the students in this project. During the next year, I would like to challenge citizens of Maplewood to become more involved. Our meetings are open to anyone interested in learning and experiencing first hand, what we actually do. I challenge citizens of Maplewood to become more active in the are of human rights - -It is something that impacts our whole community. Get involved and help continue to and make our community a place to be proud of. Cooperation and collaboration are necessary for change. Change is an indication of growth. Growth is necessary to keep up with those around us. Be an active participant, realize that `taking part in local goverment" can make a difference. Sincerely, - te� Donna R. Brown, Chairperson MHRC LISTING OF RESOURCES FOR VICTIMS OF ACTS OF BIAS OR HATE CRIMES MN CENTER FOR CRIME VICTIMS SERVICES (651) 282 -6256 245 E. Sixth Street (651) 205- 4827(TTY) St. Paul, MN 55101 (888) 622 -8799 REGIONS HOSPITAL CRISIS PROGRAM (651) 221 -8922 Psychiatric Social Worker (Crisis Situations) 640 Jackson /Emergency Room NEIGHBORHOOD JUSTICE CENTER (651) 222 -4703 500 Laurel Avenue St. Paul NEIGHBORHOOD JUSTICE CENTER (Spanish speaking) (651) 227 -8497 426 South Wabasha St. Paul RAMSEY COUNTY PUBLIC DEFENDER (651) 215 -0600 (Legal Assistance) MAPLEWOOD HUMAN RELATIONS COMMISSION (651) 770 -4500 MAPLEWOOD POLICE DEPARTMENT (Emergency) 911 (Non - Emergency) (651) 777 -8191 (Supervisor of Investigations) (651) 770 -4537 MAPLEWOOD CITY HALL (651) 770 -4500 (651) 779 -4995 (TTY) MINNESOTA DEPARTMENT OF HUMAN RIGHTS (651)296-5663 (Interpreters available for (651) 296 -1283 (TTY) languages other than English) FIRST CALL FOR HELP (651) 224 -1133 (Information &Referral) MINNESOTA RELAY SERVICE* 1- 800 - 627 -3529 If you are hearing or speech impaired or need to contact someone who is: Dial 1- 800- 627 -3529. Give the communications assistant (CA) your area code and number and the area code and telephone number of the person you are calling. The CA will stay on the line to type /voice communication. ** procedural response to acts of bias and prejudice to follow. TABLE OF CONTENTS POLICY AND ORGANIZATION .................................... 1 COMMISSION ROSTER/ATTENDANCE RECORD ..................... 2 2000 CALENDAR OF.ACTIVITIES AND ACCOMPLISHMENTS .......... 3 2000 DIVERSITY AWARD WINNER ................................. 4 2001 GOALS AND OBJECTIVES ....... a . a 8 a, . 1p a a . a a 0 . 6 a 6 a a a a a a a . a a a 5 POLICY AND ORGANIZATION The MAPLEWOOD HUMAN RELATIONS COMMISSION was created by City Ordinance No. 239 on April 18, 1968. It is the policy of the Commission to fulfill its charge as a partner with the State Department of Human Rights, in securing for all citizens equal opportunity in housing, employment, public accommodations, public services and education; and to work consistently to improve the human relations climate of the community. There are seven members on the Commission appointed for three -year terms by the City Council upon recommendation of the Commission. Meetings are held monthly (except July and August) at 7:00 p.m. normally on the first Tuesday of the month at Maplewood City Hall. All meetings are open to the public. It shall be the duty of the Commission to implement its policies. Such implementation may be accomplished by making reports and /or recommendations to the City Manager and /or the City Council, and by engaging in public relations and educational programs as it deems necessary to accomplish established policy. Additional copies of this report are available at the Maplewood City Hall upon request. Contact the Commission Chairperson through the City Manager's Office (651- 770 -4524) concerning any matters relating to the Commission. HUMAN RELATIONS COMMISSION ROSTER AND ATTENDANCE Original Colleen J. Dirkswager (ex officio) Community Oriented Services Coordinator 2 Appointment End of No. Meetings Date Term Attended Rita Ander, Vice Chair 6/00 12/03 4/10 Donna Brown 4/99 12/02 8/10 Carol Cude, Secretary 11/93 12/00 9/10 Gordon Heininger 1/91 12/98 7/10 Barbara Skoglund 4/99 12/00 3/10 Regina Laroche - Theune, 3/95 12/98 4/10 Elmo Mattox 6/00 12/03 3/10 Joan Wurdeman, Chair 2/98 12/00 7/10 Colleen J. Dirkswager (ex officio) Community Oriented Services Coordinator 2 2000 CALENDAR OF ACTIVITIES AND ACCOMPLISHMENTS JANUARY Discussed In- service opportunities for Commission and Community 1. Mixed Blood Theater Performance 2. Community Policing /Diversity Updated Annual Report Bias Report (1) FEBRUARY Prepared cover letter and annual report for distribution. Bias Offense Report (1) Request and receive approval from City Council for funds to schedule Mixed Blood Performances Lynn Elling with World Citizen Inc. spoke to Commission about peace site dedications Published article in Maplewood In Motion MARCH City Manager reminisces about his many years of involvement with Commission Publish article in Maplewood In Motion APRIL Selected winners for 2000 Diversity and Poster Contests Publish article in Maplewood In Motion Bias Offense Report (2) MAY Sponsored community event Mixed Blood Performance of According to Coyote at Maplewood Community Center Prepared for National Night Out Submit annual report to City Council Request City Council to designate City facilities as peace sites Bias Offenses (1) JUNE Bias Offense Reports (1) Interviewed two Commission Candidates Continued work on National Night Out Worked on Peace Site Dedication JULY No Scheduled Meeting AUGUST No Scheduled Meeting Participate in annual City event - National Night Out SEPTEMBER Review National Night Out Bias Offense Reports (1) Planned 2001 calendar of activities. Sponsored community event - Mixed Blood Performance of Minnecanos at Carver Community Gym Accessibility grading of local business (in Partnership with Hill Murray Students) OCTOBER Finalize new calendar Prepared Diversity Announcements for Contests Bias Report (1) ' Support Emma's Place - equal opportunity housing NOVEMBER Determined topics writing assignments for HRC Corner in Maplewood In Motion Investigate Maplewood In Motion distribution to businesses and discuss business related section in Maplewood In Motion Bias Reports (1) DECEMBER Elet;ted new officers for 2001 Bias Reports (2) Interviewed Candidates for Commission Prepared materials /presentation for 622 principal meeting in January on peace sites and diversity contests Evaluate and update diversity contests 3 20.00 Diversity Awareness Award Awarded to Hill Murray Schools Aardvark Student Diversity Committee composed of fifteen students in grades 9 - 12. The Aardvark Student Diversity Committee chose as their mission the following: 1. Learning about the diversity of people 2. Creating a safe place to share their wisdom and experiences of diversity 3. Promoting a welcoming and safe school environment for all students 4. Educating their school about diversity issues To accomplish the above mission the student committee participated in the following activities: 1. Weekly meetings -to learn about multicultural theories and sharing their own experiences with diverse people. 2. Participating in a Fall Diversity Retreat - visits to the downtown Family Shelter, a worship service at Our Lade of Guadalupe Church, brunch at the Boca Chica Restaurant on the West Side of St. Paul. 3. Organize and facilitated a Martin Luther King week evaluating his dream of racial equality. 4. Sponsored a talk and photo exhibit by Lorna Rockey to focus on the importance of the travel experience to learn about other people and about oneself. 5. A service trip to the new Family Service Center in Maplewood to interact with people from difficult economic backgrounds and from a variety of racial backgrounds. 6. Planning a school Spring Diversity Week highlighting a cultural dress day. 7. Meeting with students from other private and public schools to plan a Student Diversity Conference featuring guest speakers on diversity. 8. Researching Buddhism, Hinduism, Islam and Native American religions to better understand religious diversity in our community and throughout the world. The Aardvark Student Diversity Committee was awarded $500.00 thru the generosity of the Premier Bank of Maplewood which they will use to raise awareness and to support the committee activities during the coming year. 4 2.001 GOALS AND OBJECTIVES Establish a partnership with local businesses, educational, religious and /or fraternal organizations regarding human rights. Sponsor and promote activities for the residents of Maplewood which will: increase sensitivity in, and awareness of, an area(s) of human rights; and /or provide an opportunity for interaction between diverse members of the community. Offer no -fault grievance mediation services to residents of Maplewood. Invite and encourage local schools to participate in the annual Diversity Awareness Award and the Diversity Awareness Poster Contest sponsored by the Maplewood Human Relations Commission and Premier Bank. Develop a working relationship with one or more of the Human Relations Commissions in the Twin Cities area. Attend various workshops and educational/ informational activities related to diversity and human rights. Collaborate with the Department of Human Rights on projects of mutual concern. Advise the Mayor, City Council and the City of Maplewood of human relation issues. Collaborate with the Maplewood Police Department when acts of bias, discrimination, and prejudice are reported. Promote and support awareness of the Americans with Disabilities Act throughout the Maplewood private and public sectors. 5 MAPLEWOOD HUMAN RELATIONS COMMISSION PROCEDURAL RESPONSE TO ACTS OF BIAS AND PREJUDICE Action SteDS: 1. A Coordinator, appointed from within the Commission on a yearly basis, will handle any contact of reported acts of bias and prejudice from the Commission membership or the general public. 2. The Chief of Police will mail a cover letter, from the Police Department and also enclose a letter from the Commission with a brochure outlining the victim's rights and resources that they might want to contact for further assistance. 3. If a victim of a bias crime calls us, the Coordinator can offer to make a visit with another Commission member to discuss, in detail, any further options they may want to pursue. This visit, if requested, should be arranged as soon as possible. 4. Subsequent information regarding the incident will be shared with the Commission and the media if relevant and appropriate. 5. Follow up to the victim(s) in writing or contact will be made if deemed necessary. 6. Relevant names, titles, and phone numbers of those persons who may have to be involved include: CHIEF OF POLICE HRC STAFF LIAISON Don Winger Colleen Callahan 651- 770 -4545 651- 770 -4579 CITY MANAGER HRC CHAIR Richard Fursman Donna Brown 651- 770 -4524 651- 2000 BIAS RESPONSE COORDINATOR Regina Laroche - Theune 651 - 773 -0673 1/01 AGENDA TEEM N _ 9 _ Mona MEMO Action by Council Date Endorsed To: Richard Fursman, City Manager Modred From: Colleen J. Callahan '�, ' Rejected Subject: National Night Out — Food e o Date: April 10, 2001 C: Melinda Coleman, Assistant City Manager /Community Development Director DISCUSSION Maplewood has held National Night Out in conjunction with the City Open House for five years. Each year we invite local businesses to participate in bringing our larger community together. The businesses have a couple of options for participation; 1) information /activity booth; 2) donation for silent auction; or 3) food booth. For the past five years the City Council has waived the one day food permit fee. This has encouraged restaurants and local service groups to participate. They are still required to complete the application form, meet and work with Bob Wenger for food handling procedures and set up. This year National Night Out is scheduled for August 7, 2001 from 5:30 -8:30 p.m. RECOMMENDATION Waive the permit fee for 2001 Date TO: City Manager Endorsed Y g Modified FROM: Assistant City Engineer Rejected y g eer SUBJECT: Assessment Hearing, 7 p.m., Monday, April 23, 2001 Tilsen South Neighborhood Street Improvements, City Project 00 -04 DATE: April 16, 2001 Booklets for the proposed assessments have been provided separately as a supplement to the agenda. The proposed assessments are the same as were outlined in the feasibility study and as were presented at the neighborhood meetings. The proposed assessments have been mailed out to the affected property owners, providing them with the specific assessment information for their properties. Staff recommends that the city council approve the attached Resolution for the Adoption of the Assessment .Roll for Project 00 -04. CIVIC jC Attachments WHEREAS, pursuant to proper notice duly given as required by law, the city council has met and heard and passed on all objections to the proposed assessment for the construction of the Tilsen South Neighborhood Streets as described in the files of the city clerk as Project 00 -04, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: I. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over_ a period of 8 years, the first of the installments to be payable on or after the first Monday in January, 2002, and shall bear interest at the rate of 5.8 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the council, as authorized by Minnesota Statutes Section 420.051, to reimburse the city by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. AGENDA NO • �, MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Residential Parking Issues and Code Change DATE: April 12, 2001 INTRODUCTION Action by Council Date Endorsed - - Modified - -- Rejected -- On September 25, 2000, the city council again discussed the issue of residential parking. Because of strong support and interest in this issue, the city council directed staff to prepare city ordinance revisions about parking in residential areas. BACKGROUND On October 4, 1999, the council reviewed several concerns and alternatives about off - street parking in residential areas. The council had varying opinions and concerns with the proposed ordinance and took no action on the matter. Therefore, the city made no changes to the parking ordinance. On February 14, 2000, the city council again reviewed this matter. The council took no specific action at this meeting about residential parking issues but agreed to have this matter on an upcoming workshop agenda for further discussion. On December 6, 2000, the planning commission reviewed a draft ordinance amendment about parking in residential areas. The commission asked staff to make changes to the proposed ordinance and then bring the revised ordinance back to them for further review and comment. DISCUSSION Over the last 2- 3 years, staff has seen an increase in the number of complaints received about junk vehicles and cars parked in front yards. We are concerned that a large number of vehicles and improper storage can have a detrimental effect on the character of residential neighborhoods. In March 2000, the city council asked staff to review city regulations about parking in residential areas. They also directed staff to seek public input on this issue. Before writing any new ordinances, staff and the city council felt that it would be beneficial to hear from the community and see how they feel about the issue. As such, we had information published in the Maplewood Review and the Maplewood in Motion. Several residents responded to our request for comments by writing or telephoning city staff and several persons spoke at the September 25, 2000, council meeting. The majority of the people that commented supported code changes as outlined by staff. The items or ideas listed in the articles included the following: 1. Limiting the amount of driveway area or pavement in the front yard. 2. Requiring a paved or hard surface area for parking. 3. Requiring all vehicles parked or stored outside to be licensed and operable. 4. Requiring a paved driveway when an owner requests a building permit to improve his property. 5. Prohibiting vehicle parking or storage in the front yard on grass or unimproved areas that are not intended for a vehicle. 6. Creating an exemption provision that would allow city staff or the city council to waive these requirements under certain circumstances. Citizen Response After publicizing the above- listed information, staff received 39 phone calls and 21 letters about this issue. One of the letters had signatures of support for code changes signed by 21 residents. Another had signatures of support from three households. Following is a representation of the kind of responses received through the phone calls and letters. * Several offering general support for the proposed changes. * Something should be done about overnight parking on city streets. People are parking boats, RV's and semi's on the street. * Should not be allowed to park multiple vehicles, bobcats and other items in front yards. * Junk cars should not be allowed to be stored anywhere outside. * Car repair businesses should not be allowed in residential areas. * Need consistent enforcement of overnight parking ordinance. * Home businesses that have vehicles for non - residents should not be allowed in residential areas. * Un- licensed vehicles should not be allowed to be parked in yards. * No parking (period) on unpaved areas. * Need also to address junk and appliances that are stored in yards. * No vehicle parking on lawns and owner is required to obtain permission from neighbor to expand /create additional parking surfaces besides a standard driveway. * Recreational vehicles, boats, etc. should not be allowed to be parked in front of a house, only on a driveway or improved side yard. * Class 5 or crushed rock should be considered to be a hard or improved surface. * New ordinances are fine, but need city staff to enforce them. * Penalties and fines for violations need to be defined. * Need to define what improved or hard surface means. * Should be allowed 30- 60 days to make vehicles operable. * Exemption provision a good idea but need defined criteria. * Something needs to be done about cars for sale on city streets, private property and business parking lots. * Why can't we park on the street overnight? * The city should not require paved parking or limit the number of vehicles on a property. * The city should not limit the number of vehicles people park, consider small lots that don't have a lot of options. This is a violation of personal property rights. 2 The list above is a representation of the comments received. The number of times a statement was made was not recorded but staff noted the responses that were opposed to any code changes. We received two calls against any new prohibitions on parking and 3 letters, one which was more concerned about lack of enforcement of existing rules. I have attached a small representation of letters (starting on page four) we received. It was and is the city's intention to listen :to resident input on this issue and then, with direction from the city council, draft an ordinance that starts to address the problems identified by residents, city staff and the planning commission. The council, at their meeting on September 25, 2000, suggested that city staff include the following items in a code change about residential parking: 1. The city will consider crushed rock or gravel as a hard surface for parking and storage purposes. 2. The city should not require a paved driveway with other home improvements. 3. The city may allow exceptions to the rules, subject to the input of the neighbors, city staff and city council. The council also wants to see a comprehensive approach to address junk and debris in yards. Our goal is to develop an ordinance that balances the interest of private property rights with one that provides more control and order to the parking of trucks, cars and recreational vehicles. The proposed ordinance puts into writing the direction the city council gave to city staff after they considered the testimony of the interested parties. The proposed ordinance also includes changes suggested by the city attorney and the planning commission at their December 6, 2000 meeting. COMMISSION ACTION On February 5, 2001, the planning commission recommended approval of the attached ordinance amendment. RECOMMENDATION Approve the code change starting on page 13 about off - street parking in residential areas. plordlparking2.01 Attachments: 1. Response Letters 2. Proposed Ordinance Amendment 3 ATTACHMENT 1 • , • • • , f . . , i • i • • f • ' • • • f • • • • • i • i ' U • O 0 Cv T F� 0/1 �g 4- If 4 i ;j ic 6�0, eD j ,��d7eklV I -Ij 711 s • �.� f,+�,�. •• `�' �.� � � l f' �'/r � `,. � �� /' �t��4 -mot; • Allj Ox) 7�lfft 7//f fr� l Or, • t ' `' � r• � %.._ v f� ( � � � V � i l � ,` f �,, /,� � � f'���� -•y � ` % � �� � w • • s j J �.� � -� ♦ .ice � � +♦ �,�� t ..!' t .: / 1 O 7- 1 • , 11 \ �,,, t• 1 A_ � �_ � .��J � � u 'rte. �... (_ J t � � ► � • Yj / Y tj Ca 'Ili-Ilk" rz�� f • i � i •/, i .-� �./ �� ' Y � �'" �'� G- / `�" � � lam- ��; � � •• ors, / -., -� � ) - •,, �� � . .� M-1 _} .\ •rte '�..�_:..:..�: � .�.v.. • I + . v AI c i i *)nnn -- b R • • f i O i • • i • • • • 0 . • a 4 S- L� /Acl FA) �% �� Cam-' -�` %,� C= G- e) ir e - 40, dr 7 D WT �� �= � � - -�. - c tit "�- � fi � �...Lr =� �� �-5 oo A) 1 C2 1.5 P42 T 10., rc- September S, 2000 Ms. Melina Coleman Community Development Department City of Maplewood 1830 East County Road B 'Maplewood, MN 55109 Dear Ms. Coleman: We read about the upcoming plans to review zoning regulations relating to parking in residential areas in the September issue of the Maplewood Motion. If it is necessary to review these regulations, we would like to share some comments and concerns. o By l imiting the amount of driveway area in the front yard would certainly limit the number of vehicles allowed. How would the amount of driveway area be determined? Many households have three or four members that are licensed drivers and these families have more than two vehicles and only one -car garage. e. g g + Requiring a paved or hard surface area for parking is a good idea. However, the term hard surface needs to be defined (e.g., rock, avel, asphalt, or blacktop). �' p P) . Requiring vehicles to be licensed and operable is also good. However, we think there should be a time limit allowed for s repairs (e.g., 30 -60 da . p y) Prohibiting vehicle parking on unimproved areas or without a hard surface also is a good idea. • Creating an exemption provision may be a good idea, but what criteria would be used for allowing an exemption (e.g., financial hardship, medical reasons). Residential areas should not be used as a repair shop unless garage space is available to store them. We feel the issue of a `well maintained" yard should be addressed in Conjunction with vehicle issues. we have seen yards that look like a "Junk yard" that are unkept and have multiple storage areas with various equipment laying around (even though their vehicles are parked on a paved surface. 7 SEP i t Ms. Melinda Coleman Page 2 September 5, 2000 we .Gan really appreciate the difficulty the city faces in making changes, trying to balance property rights and having a nice looking neighborhood. If u have questions or need Y clarification, please contact one of us. Thank you for the opportunity to share our views. Sincerely, Diane and Jurgen Droeger 1443 Laurie Road Maplewood, MN 55109 (651) 777 -3768 cA � t � 1 l and Jun Gierhet 1451 Laurie Road Maplewood, MN 55109 (651) 773 -8327 ?Rayy Sheryl Brunner 1446 Laurie Road Maplewood, MN 55109 (b51) 770 -0270 July 14, 2000 Ms, Melinda Coleman Mr. Ken Roberts Community Development Department City of Maplewood 1830 E. County Road B Maplewood, MN 55109 Dear Ms. Coleman and Mr. Roberts: This letter is to enthusiastically endorse the proposed new zoning regulations relating to parking in residential areas. we are in favor of this proposal because we realize it will help maintain our property values and preserve the character of our quiet suburban neighborhoods. We endorse all of the following proposed regulations: 1. Limiting the amount of driveway area or pavement in front yard. 2. Requiring a paved or hard surface area for parking. 3. Requiring all vehicles parked or stored outside to be licensed and operable. 4. Requiring a paved driveway when an owner requests a building permit to improve his property. 5. Prohibiting vehicle parking or storage in the front yard on grass, unimproved areas or areas without a hard surface that are not intended for a vehicle. In addition, we would also like to propose the following additional regulations: 7. Limit to 2 the number of vehicles that can be parked or stored outside. 8. Prohibit on- street parking completely between midnight and 6 am. 9. Increase the penalty in existing noise regulations for vehicles that do not have fully functioning mufflers. Thank you for your efforts to preserve the quality of our suburban neighborhoods. Sincerely, Name r r Address � d Phone 0432/ G�l7�� - E'� 7 7C) Name Address Phone 7 I)A V 1 3 C, 01 July 14, 2000 Ms. Melinda Coleman Mr. Ken Roberts Community Development Department City of Maplewood 1830 E. County Road B Maplewood, MN 55109 Dear Ms. Coleman and Mr. Roberts: This letter is to enthusiastically endorse the proposed new zoning regulations relating to parking in residential areas. We are in favor of this proposal because we realize it will help maintain our property values and preserve the character of our quiet suburban neighborhoods. We endorse all of the following proposed regulations: 1. Limiting the amount of driveway area or pavement in the front yard. 2. Requiring a paved or hard surface area for parking. 3. Requiring all vehicles .parked or stored outside to be licensed and operable. 4. Requiring a paved driveway when an owner requests a building permit to improve his property. 5. Prohibiting vehicle parking or storage in the front yard on grass, unimproved areas or areas without a hard surface that are not intended for a. vehicle. Thank you for your efforts to preserve the quality of our suburban neighborhoods. Sincerely, Address f -� & Itil-4 L Phone - )'7 7, 7 7 0 -, 101 C., C�s 2 6 1 7 10 Name �. V2 Name Address Phone 2N� W rl-� ILI' / VIN V ( / C . • Y�, �tWilTilfi&P Viri -2 - 7r) �� �� � � 5 -7 ' 7 77- 11 Page 1 of 1 Melinda Coleman From: Jon Belisle <belisle @usinternet.com> To: < Melinda .coleman @ci.maplewood.mn.us> Cc: <Ken.roberts c@ci.maplewood.mn.us> Sent: Friday, March 30, 2001 2:38 PM Subject: Comments on Proposed Parking Ordinance Dear Melinda - It has been over a year since I last wrote you on the proposed changes to off - street parking. Based on the proposed ordinance, as published in the current issue of Maplewood In Motion, I have a number of specific questions as follows: 1. The ordinance details "Vehicle Parking" -- what about boats, trailers, snowmobiles, pick -up toppers? 2. You need to define "screening ". Something can be screened with shrubbery in July but clearly visible in January. There is an old VW Beetle in our neighborhood that has been under a tarp for 5+ years -- is that screening? 3. You have not defined enforcement -- is it the responsibility of the police department, environmental affairs, or some other department? 4. You have not defined the penalty for non - compliance. If the homeowner does not cooperate, what specifically happens? Without aggressive enforcement, the ordinance is of little value. There is a junk car in our neighborhood (on the grass next to the driveway), that is it has no engine, no hood, no doors, no license and yet I reported this to the Maplewood Police 2 months ago and it is still there. Please respond with the city's answers to the above 4 questions. Thank you, Jon Belisle 12 4/12/01 Attachment 2 ORDINANCE NO. AN ORDINANCE ABOUT OFF - STREET PARKING IN RESIDENTIAL AREAS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: (I have underlined the additions and crossed out the deletions.) SECTION 1. This section changes the language of Section 19 -9(24) of the Maplewood City Code as follows (24) All other conditions, acts or things which are liable to cause injury to the person or property of anyone. This shall include, but not be limited to, the parking or storage of vehicles in the front yard of a residential property on grass, unimproved areas or areas without a hard surface. SECTION 2. This section adds the following definition to Section 36 -6 of the Maplewood City Code. Vehicle: A device for carry. a or conveying persons or property that may be self - propelled or may be propelled, drawn or towed by a self - propelled vehicle. SECTION 3. This section adds Subsection 36 -220) to the city code as follows: Section 36 -22(i) W Pur ose The purpose of this Article of the City Code is to control, through zoning regulations. certain land uses and activities that have a direct and detrimental effect on the character of the City's residential neighborhoods. As such, the Maplewood City Council finds that, in order to accommodate the off - street parking needs of residents while protecting the interests. of the public, regulations and performance standards are desirable and necessary for off - street parking areas in residential zoning districts. fZ Findin s To the ,purposes listed above, the Maplewood City Council finds that the use and Possession of vehicles are an important factor in the lives of many residents of Maplewood. The city council also finds that the number of vehicles, the improper storage of vehicles and the parking of and storage of excessive numbers of vehicles can be a nuisance and can affect the neighborhood character as well as the public health, safety and welfare, .property values and the reasonable use and enjoyment of neighborina properties. The city council further finds that the establishment of these regulations further the goals in the Maplewood Comprehensive Plan relative to the establishment and enhancement of residential neighborhoods and similar goals. In making these findings, the city council accepts the recommendations of city staff and planning commission that have studied the experiences of other suburban cities that have reviewed and regulated off- street parking in residential areas. The Maplewood City Council establishes these regulations as a means to balance the interests of the owners of vehicles, nearby residents and the public. 13 ( 3 ) . Goals Goals in adopting this ordinance include the following: a. Preserving nei hborhood character. public health, safetv and welfare and propert values. b. Allowing all residents a reasonable use of and a chance to enjoy their property C. Minimizina the nuisances and the adverse effects of off - street vehicle parking through careful site design standards. d. Requiring the owners and builders of residential drivewa a nd parking areas to design and build them to reasonable standards. e. Avoiding nuisances and potential damage to adjacent properties from off - street vehicle parkin and parking areas through desian standards and setback requirements. (4) Off - Street Parkina Standards for Single and Two Family Dwellings. The following standards shall apply to off - street parking for sinale and two family residential properties in the RE -40. RE -30. RE -20. F. R -1, R -1(S) and R -2 zoning districts. a. Vehicle parkina in the front vard setback area (the area between the front of the residential structure and the street right -of -way I_ ine) of single and two family residences shall only be on a hard surface driveway or on improved and designated parking areas. Such a hard surface shall include bituminous, concrete, brick, aravel or crushed rock or another hard surface approved by city staff. b. The city prohibits vehicle parking or storage in the front yard on grass, unimproved areas or areas without a hard surface. C. Driveways and parking areas shall be at least five feet from a side propert I}� ine and parking areas shall not be in the street right -of -way or on other public property d. No owner or operator shall park a vehicle that would block a sidewalk. e. All vehicles parked or stored outside on a residential property shall not be abandoned (as defined in Section 19 -28), shall have a current license and registration and shall be in operable condition. (Also see Sections 19 -28. Definitions and 19 -29, Violation.) f. The total area in the front yard setback area of a single dwelling lot improved for parking and driveway purposes shall not exceed forty (40) percent of the front yard setback area. The total area in the front vard setback area of a duplex or double dwelling lot improved for parking and driveway purposes shall not exceed fifty (50) percent of the front vard setback area. 14 g. The city may approve an increase in front yard driveway coverage, a different driveway setback or a different driveway surface for a single or double dwellin bX administrative review of minor construction plans as outlined in Section 25 -65 of the city code. The city may approve an increase in front yard driveway coveraage = a different driveway setback or a different driveway surface where such approval would meet the standards required by code for unique circumstances and where the above ordinance standards do not fit or where they would create a hardship for the property owner. As part of such an approval, the city may require the property owner or applicant to add screening next to or around the parking area or driveway. The city may require such screening to help hide the parking area and vehicles from the view of adjacent residential properties or from the view from the public street. The property owner or applican may use a .privacy fence,. additional landscaping or other means to meet the screenina requirement. City staff shall approve and inspect all such screening SECTION 4. This ordinance shall take effect on August 1, 2001. (After the City Council approves it and the official newspaper publishes it). The Maplewood City Council approved this ordinance on , 2001. Mayor Attest: City Clerk Ayes- Nays- 15 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA WEDNESDAY, DECEMBER 6, 2000 Mr. Ken Roberts gave the report for the city. On September 25, 2000, the city council again discussed the issue of residential parking. Because of strong support and interest in this issue, the city council directed staff to prepare city ordinance revisions about parking in residential areas. The council is choosing to take small steps versus jumping in head first. The council, at their meeting on September 25, 2000, suggested that city staff include the following items in a code change about residential parking: 1. The city will consider crushed rock or gravel as a hard surface for parking and storage purposes. 2. The city should not require a paved driveway with other home improvements. 3. The city may allow exceptions to the rules, subject to the input of the neighbors, city staff and city council. The Ordinance amendment clarified what the violation is for an abandoned motor vehicle to make it clear that is a code violation and can be prosecuted accordingly. The purpose, findings and goals sections of the report are included to show the legislative intent and why the ordinance is being created. The proposed ordinance would apply to all property less than one acre in size, and for the residential zoning district. except the RE -40. There was question at the staff level if this should include all residential properties no matter the acreage. The ordinance does not apply to side yards or rear yards which may be another important discussion point to consider. Mr. Roberts informed the commission that Mr. Trippler has distributed language that Mr. Trippler is requesting be added to the proposed ordinance as item I. Mr. Thompson felt item D was not clear. He questioned that if he paved his driveway could he park a car next to the curbing in the front yard? Mr. Roberts responded saying there is a public boulevard along every street that is 10 to 15 feet wide that is public property. You cannot be on the public boulevard at all, and if you do want to make a paved parking spot in your front yard, it has to be into your private property at least 10 feet. Mr. Thompson felt it was indiscriminatory to commercial property. Chairperson Fischer pointed Out a resident's property line could be very close to the curb, or they might have a twenty -foot setback. Mr. Roberts pointed out item H in the ordinance covers unique situations or where normal rules don't apply, somewhat similar to a variance. The reasoning for item D is due to snowplowing and sanding issues. Item D asks for no parking at least 10 feet back from the street right of way, Ms. Fischer questioned whether engineering felt that was really necessary. Mr. Roberts responded in saying they didn't specifically have engineering's input on that issue. He also did not see a problem with the commission asking him to reduce that to a smaller number. Mr. Trippler had two concerns with the proposed ordinance. One included what the difference was between items A and C in the proposed ordinance. He also did not understand why the ordinance applied only to properties less than one acre in size. Staff felt larger properties may not have problems with the parking issue. Past history has proven the problem lies with the smaller lot, residential areas which are those less than one acre. Staff thought if it is a 10 -acre lot and a neighbor cannot see it, why would they care if their neighbor parked next to the garage on grass or in his front yard on grass. Ms. Fischer pointed Out what if it is on a 10 -acre lot and you can see it? Mr. Trippler felt setting the property size for the ordinance to less than 5 acres seemed more appropriate. Staff also felt A and C in the ordinance had a lot of the same language and could be combined. Mr. Rossbach felt the ordinance should include some type of language to address screening. He said if there was proper screening to obscure the vehicle so it was not a nuisance there should be proper language in the ordinance to allow for that. " What the ordinance is trying to accomplish is to not have an unsightly situation for neighbors, or for people driving down the street. Just by having a large lot does not necessarily accomplish this" stated Mr. Rossbach. He would also like to see the type of language used in the ordinance be addressed. Using "the front setback area" would only make sense to planners and suggested further definition was needed. Mr. Rossbach also didn't feel it was reasonable that an owner would have to go 10 feet into their property to park a car. Mr. Mueller was disappointed the ordinance did not address recreational vehicles or campers. Mr. Roberts responded in saying the council did not want to address those issues at this time. Mr. Thompson pointed out Ms. Coleman straightened out his thinking regarding townhomes having more than 50 percent hard service in their front yard. She pointed out townhomes would be excluded from this ordinance due to their zoning classification. Darlene Laube, 134 Downs Avenue, Maplewood, was present with questions. Her main concern was people and how they maintain their property. She doesn't feel they screen their boats or junk vehicles as they should and feels it runs down the neighborhood. She thought the ten feet from the property line proposal was ridiculous and viewed parking to the side of property in a "mud pile" also a problem. Mr. Rossbach felt the ordinance was addressing this issue by requiring some type of solid surface that has been prepared for parking. Ms. Fisher added that in many families when they have the young adult drivers, the families will add a crushed rock temporary driveway, and when the vehicles are gone, they resod or landscape. Ms. Laube did not feel the ordinance covers vehicles parked in backyards in view of their neighbors' backyard. Mr. Rossbach reiterated the ordinance is not trying to dictate how people landscape, but to gain control on what people are putting into their yards as far as vehicles go. Personally Mr. Rossbach would also like to see back and side yards addressed in the ordinance. His understanding is the city is starting with the front, see what happens, and then go beyond possibly to the back yard or side yards. Mr. Roberts has found there are some people who just don't make good neighbors no matter how many rules are written. They simply don't care. There is only so much the city can do. Mr. Thompson questioned the petitions that were submitted from what appeared to be one neighborhood. He drove over to the neighborhood expecting to find a serious offense, only to find one driveway with five cars. It was a Sunday afternoon where they could be visiting at the residence to watch the football game. Mr. Trippler shared that one member of his car pool was one of the petitioners. He thought maybe he sparked their interest about the parking issue. Mr. Thompson wanted to commend the neighborhood for taking the time to register their feelings. Mr. Trippler presented a motion to add an item I in the ordinance that would state: Four or more adult residents each living at a different address and within one block of the residents having the offending vehicle may petition the city of Maplewood to have their neighbor remove or relocate an offending vehicle. The owner of the offending vehicle will be required, within 30 days of receiving a copy of the petition, to do one of the following actions: 1. Remove the offending vehicle from the property. 2. Relocate the offending vehicle to another location or area of their property which is agreeable to all of the signers of the petition. 3. Request from the Maplewood City Council a special variance to retain the offending vehicle on their property. The intent of the motion is that the ordinance proposed by the staff does not address: 1. The number of vehicles parked at a residence. 2. The type of vehicles parked at a residence. 3. 'Vehicles parked 'on either side or backyards of a residence. Trying to address any or all of these issues, and the infinite number of possible scenarios which might occur is almost impossible. This proposal allows any or all of the above situations to be addressed and allows for the diversity of lot sizes and neighborhoods which exist throughout the city of Maplewood. Staff felt Mr. Trippler's proposal may inspire vigilantes to pick on neighbors they simply don't like and would suggest that the city attorney needs to review the proposal. Mr. Rossbach felt the proposal was taking law into your own hands; a form of vigilante justice. Ms. Fischer questioned if there was an avenue of appeal if the person who is looking for a variance did not agree with the staff recommendation in the proposed ordinance. Staff responded in saying that process would fall under item H. Mr. Thompson seconded Mr. Trippler's motion to add his amendment to the proposal. Staff agreed with Mr. Rossbach that the nuisance ordinance would cover junk cars or expired tabs, but would not cover esthetic opinions. Mr. Pearson did not feel he could support the amendment because it may put power in the hands of people who simply just may not like another person. Mr. Mueller felt there should be a vote on whether everyone was in agreement of calling to question Mr. Trippler's amendment. Chairperson Fischer established there was no disagreement. Ayes -2 (Trippler, Thompson) Nays -4 (Fischer, Pearson, Mueller, Rossbach) Motion failed. Mr. Roberts was flexible with the less than one acre stipulation and felt items A and C could be combined since there was a lot of overlap. Item D (the 1 0-foot requirement) was a starting point, stated Mr. Roberts and could be adjusted to what the commission deemed appropriate. The ordinance at this point was an attempt to follow the city council's direction. If the commission felt strongly about addressing RVs, motor homes, screening, or parking on the boulevards, the staff will work on language to present at the next meeting. The majority felt the ordinance should apply to everyone regardless of lot size. A suggestion was made to also add some type of verbiage regarding screening, possibly under item H. Mr. Roberts also noted there is no suggested deadline at this point. Ms. Fisher noted the suggested changes /additions to the proposed ordinance: 1. Page 12, sixth line from the bottom should read "relative to the establishment ". 2. Page 13, under item 4, the size of the lots should be eliminated. 3. Four A and C seemed redundant and should be combined. 4. Item B, the second line would have a period after surface, and the rest of the sentence would be stricken. 5. Item D, the 10 foot setback could. be reduced if agreed to by engineering. The consensus was 0 feet (adjacent to the lot line). 6. It was established that item H included an appeal process. 7. Include in parenthesis what a front setback is. (The distance between any part of the principal structure and a street right of way line). 8. Staff will check with other cities to find out what, if any, verbiage they use on screening, and work on creating verbiage about screening. The issue of grandfathering was brought up by Mr. Thompson. Staff responded in saying the city has the right to require a resident to improve their parking areas as required to meet the current ordinance. Staff will have the city attorney review the grandfather application to the authority of the ordinance. Mr. Pearson moved the commission to table the proposed ordinance for staff to make revisions. Mr. Rossbach seconded. Ayes -All Motion carried. MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA FEBRUARY 5, 2001 A. Mr. Roberts gave the staff report for the city. Staff is bringing back to the commission a revised ordinance, that was originally looked at by the planning commission on December 6, 2000. The city attorney has looked at the draft ordinance and has added suggestions. The implementation of the grandfathering clause for those parking situations that do not meet the proposed ordinance was confirmed by the city attorney. The city cannot enforce the new ordinance and regulations on someone who has an existing parking situation that does not meet code. With that being said, if the city finds an individual parking in the grass and making mud, which creates a nuisance, it can be treated as a nuisance. The statement that the ordinance excludes those properties larger than one acre in size has been removed. The ordinance will apply to all single and two - family residential properties in the RE -40, RE -30, RE -20, F, R -1(S) and R -2 zoning districts. Ms. Fischer requested "residential" be.added to item a. (The area between the front of the residential structure and the street right -of -way line). The total area in the front yard setback area of a single- dwelling lot improved for parking and driveway purposes shall not exceed forty percent of the front -yard setback area. Screening language was added to the ordinance for the city to have the option to require screening to help hide the parking area and vehicles from the view of adjacent residential properties, or from the view from the public street. Mr. Ahlness asked staff what the most pertinent issue was from other cities regarding parking issues. Mr. Roberts responded in saying "there is no magic wand. You can read the ordinances from ten different cities and get ten different sets of rules." Staff has attempted to create a set of rules for Maplewood that works best for the situation in Maplewood. The other cities' ordinances that staff reviewed included: Mahtomedi, Woodbury, Oakdale, and North St. Paul. Mr. Ahlness clarified with Mr. Roberts that the "yardstick" used to handle an existing situation would be the city staff and the adjacent neighbors. Mr. Roberts also clarified with Mr. Rossbach that inoperable and unlicensed parked vehicles are not currently allowed. As far as screening is concerned, Ms. Dierich asked if city staff had the only say in the type of screening used. Staff noted Section 25 -65 of the city code requires notification of the neighbors and gives them the opportunity to comment. Mr. Mueller asked if a homeowner parked directly adjacent to the curb would be grandfathered in with the new ordinance. Staff responded in saying they are already breaking the law, because prior to this ordinance, you could not park in a right -of -way. Therefore, that party would be in violation of the ordinance. The standards for commercial parking are as high as the residential parking requirements, as clarified by staff for Commissioner Ahlness. Ms. Dierich asked. where the 40% maximum for parking and driving surface of the front yard set- back area was derived from. Staff noted it was based on surveys and site plans done on recent homes that were built. Mr. Trippler asked if driveways should be stricken from 4C. Staff suggested that "parking areas" be added, now to read: "Driveways and parking areas shall be at least five feet from a side property line and parking shall not be in the street right -of -way or on other public property ". Ms. Dierich was concerned with the 40% rule. Mr. Rossbach responded in saying he felt that regulation would be self regulating. He didn't feel people were going to want to put a bunch of paving and concrete in their front yard. Ms. Fischer asked what the vehicle was for a property owner to appeal if they disagreed with the ordinance or staff interpretation. Staff felt Section 25 -65 did cover an appeal situation. Mr. Trippler moved that the planning commission recommend the city council adopt the code change about off - street parking in a residential area with the following amendments: 1. Paragraph 4a, insert the word residential at the end of the first line. The sentence will now read: "Vehicle parking in the front yard setback area (the area between the front of the residential structure and the street right -of -way line)." 2. Paragraph 4c, insert the words parking areas. The sentence will now read: "Driveways and parking areas shall be at Feast five feet from a side property line and parking areas shall not be in the street right -of -way or on other public property." 3. Paragraph 4f, insert setback area after yard. The sentence will now read: "The total area in the front yard setback area of a single dwelling lot improved for parking and driveway purposes shall not exceed forty (40) percent of the front yard setback area. The total area in the front yard setback area of a duplex or double dwelling lot improved for parking and driveway purposes shall not exceed fifty (50) percent of the front yard setback area." Mr. Rossbach seconded. Ayes -All Motion carries. This proposal may go before the city council on February 26, 2001, for the first reading. AGENDA ITEM AGENDA REPORT Action by Council Date TO: City Manager er Endorsed Modified FROM: Assistant City Engineer ineer Rejected SUBJECT: Award of Bids, Tilsen South Neighborhood Streets, City Project 00 -04 DATE: April 10, 2001 Bids for the Tilsen South Neighborhood Streets project are scheduled to be opened at 10 a.m. on Friday, April 20, 2001. A tabulation of those bids, a staff recommendation as well as the corresponding resolution will be made available with a supplementary report, to be inserted into the agenda packet at that time. CIVIC jC AGENDA NO S MW MEMORANDUM Action by Council TO: City Manager Date FROM: Ken Roberts, Associate Planner Endorsed SUBJECT: Antenna and Tower Ordinance Modified DATE: April 12, 2001 Rejected INTRODUCTION The p lanning commission asked city staff to review and revise the antenna and tower ordinance. BACKGROUND On January 13, 1997, the city council adopted the current antenna and tower ordinance. On February 20, 2001, the planning commission considered a proposed antenna and tower ordinance amendment. The commission tabled action on the proposed ordinance amendment to allow staff time to investigate their questions and concerns with the proposal. On March 5, 2001, the planning commission again considered a revised tower and antenna ordinance. After much discussion and questions, the commission tabled action on the proposed ordinance to allow staff to make further changes to the proposed code language. On April 9, 2001, the city council gave the attached ordinance first reading. DISCUSSION I am proposing many revisions to the ordinance. These changes are based on comments from the planning commission and city council and are intended to strengthen and clarify the ordinance. Areas of attention in the proposed ordinance include language about the co- location of antennas and additional language about setback and design standards for towers. On February 20, 2001, we received a letter from Peter Coyle of Larkin, Hoffman, Daly and Lindgren, the law firm that represents VoiceStream Minneapolis, a personal wireless communication service provider. (See the letter starting on page 3.) His letter expressed several concerns about the proposed ordinance and recommended several changes to the ordinance. Staff has reviewed these concerns and made changes to Sections 36- 606(2) and 36- 610(6)(2) of the proposed ordinance to address some of the concerns. An important change to note in the proposed ordinance is Section 36 -606 (5) about tower height and co- locating in residential zoning districts. I am proposing to increase the maximum height of towers in residential areas from 100 feet to 125 feet. This change should allow for easier co- location of antennas and will hopefully lessen the number of towers in the city. Another matter to consider with this ordinance amendment is whether the city wants to allow towers as a permitted use (rather than as a conditional use) in some locations. For example, the city might allow a tower in the BC (business commercial) or M -1 (light manufacturing) zoning districts as a permitted use if the tower would be 350 or 500 feet from a residential property line. The city could still require the tower and base equipment to meet certain design and performance standards and to be approved by the Community Design Review Board (CDRB). The city may want to consider such changes after adopting the proposed ordinance amendment. COMMISSION ACTION On March 19, 2001, the planning commission recommended approval of the proposed ordinance amendment. RECOMMENDATION Adopt the ordinance starting on page 7. This ordinance revises and updates the regulations about commercial use antennas and towers in Maplewood. p: \ord \tower.5 Attachments: 1. Letter dated February 19, 2001 from Peter Coyle 2. Proposed ordinance 2 Attachment 1 ROBERT L HOFFMAN GERALD H. FRIEDELL EDWARD J. DRISCOLL GENE N. FULLER JOHN D. FUL.LMER FRANK I. HARVEY CHARLES S. MODELL CHRISTOPHER J. DIETZEN. LINDA H. FISHER THOMAS P. STOLTMAN MICHAEL C. JACKMAN JOHN E. DIEHL JON S. SWIERZEWSKI THOMAS J. FLYNN JAMES P. QUINN TODD 1. FREEMAN GERALD L SECK JOHN B. LUNDQUIST DAYLE NOLAN' JOHN A. COTTER' PAUL B. PLUNKETT ALAN L. KILDOW KATHLEEN M. PIODTTE NEWMAN MICHAEL B. LEBARON GREGORY E. KORSTAD GARY A. VAN CLEVE' TIMOTHY J. KEANE ALAN M. ANDERSON MICHAEL W. SCHLEY RONN B. KREPS TERRENCE E. BISHOP GARY A. RENNEKE CHRISTOPHER J. HARRISTHAL KENDEL J. OHLROGGE BRUCE J. DOUGLAS WILLIAM C. GRIFFITH, JR. 'JOHN R.'HILL PETER J. COYL E LARRY D. MARTIN. JANE E. BREMER JOHN J. STEFFENHAGEN MICHAEL J. SMITH February 19, 2001 Mr. Kenneth Roberts Associate Planner City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mr. Roberts: LARKIN, HOFFMAN, DALY 8G LINDGREN, LTD. ATTORNEYS AT LAW 1500 WELLS FARGO PLAZA 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 -1194 TELEPHONE (952) 835 -3800 FAX (952) 896 -3333 F. R�tt�" FREDERICK W. NIcBUHR 4 RENEE L. JACKSON !. WILLIAM G. THORNTON CHRISTOPHER K. LARUS DOUGLAS M. RAMLER ANN M. MEYER STEPHEN J. KAMINSKI _ TWAM S F AEE!X INDEA °" : • :k._r:�.Zie r�.y SHARNA A. WAHLGREN JOHN F. KLOS ADAM S. HUHTA ` NICHOLAS A.J. VUETSTRA C. ERIK HAWES JAMES M. SUSAG DANIEL J. BALUNTINE JOHN A. MACK JEFFREY D. CAHILL SEAN D. KELLY SONYA R. BRAUNSCHWEIG JOSEPH J. FITTANTE, JR. JONATHAN J. FOGEL CYNTHIA M. KLAUS MARK D. CHRISTOPHERSON NEAL J. BLANCHETT TAMARA O'NEILL MORELAND JAMES A. MCGREEVY, ill THOMAS A. GUMP TODD A. TAYLOR CHRISTOPHER J. DEIKE MARLA M. ZACK DIONNE M. BENSON JEREMY C. STIER OF COUNSEL JAMES P. LARKIN ` JACK F. DALY D. KENNETH LINDGREN ALLAN E. MULLIGAN JOSEPH GITIS ' ALSO ADMITTED IN WISCONSIN This firm represents VoiceStream Minneapolis, Inc. ( "VoiceStream ") in connection with its development of personal wireless communication facilities ( "PCS ") within the State of Minnesota. VoiceStream's system requirements may,.in the future, entail construction of PCS facilities within the City of Maplewood, Minnesota ( "the City "). We have reviewed the proposed revisions to Chapter 36, Article XI of the City Code, the Commercial Use Antennas and Towers Ordinance ( "the Tower Ordinance "). This letter represents VoiceStream's comments on some of the revisions. We are pleased to have the opportunity to state our position on the proposed changes to the Tower Ordinance. In addition, we welcome the chance to address this issue in any public hearing held on the matter. The City's current Tower Ordinance, and its proposed revisions, present a good framework for the regulation of telecommunications towers and antennas and is generally compatible with VoiceStream's plans. The Tower Ordinance gives wireless service providers the ability to site telecommunications facilities within the City while giving the City control over the location, height and design of the structures. This allows the City to fulfill its regulatory function and allows the creation of a PCS network within the City in conformity with the requirements of the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7) ( "the Telecommunications Act "). The Telecommunications Act requires that cities accommodate new wireless facilities, to the extent feasible. No city may enact an ordinance which has the effect of prohibiting the availability of wireless services. Moreover, no city may enforce its ordinances in such manner as to discriminate against 3 LARKiN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Kenneth Roberts February 19, 2001 PaLye 2 telecommunications service providers; the mere fact that land -line phone services or other wireless services exist in the community is not a basis for rejecting the development of new wireless service capacity. Cities are expressly prohibited from regulating the environmental effects of PCS facilities. Finally, the actions of a city must be based on substantial evidence, supported by a record and written findings. The City's responsibility is to revise the Tower Ordinance so that it protects the City's inhabitants' health, welfare and safety while, at the same time, allowing the development of a wireless communication network. To be constitutionally valid, an ordinance must be "rationally related to the achievement of a legitimate government purpose." Skeen v. State of Minnesota, 505 N.W. 2d 299 312 (1993). It must also be certain in its terms. City of St. Paul v. Morris 104 N.W. 2d 902 (1960), cert. denied 365 U.S. 815 (1961). Courts will analyze a zoning action to determine whether it is reasonable. Honn v. City of Coon Ral2ids, 313 N.W. 2d 409 (1981). In making that determination, courts look into the circumstances of the decision. Therefore, a city has an obligation to keep a record to demonstrate a factual basis for its zoning decision. C.R. Investments, Inc. v. City of Shoreview, 304 N.W. 2d 320, 328 (1981). VoiceStream cautions the City to carefully examine any revisions to the Tower Ordinance in light of the requirements of the Telecommunications Act. Some of the proposed revisions contained in the February 13, 2001 draft of the Tower Ordinance will make the continued development of a wireless communications network more difficult. This could place the City in the position of effectively preventing the provision of PCS service within its boundaries in violation of the Telecommunications Act. Below are our comments on portions of the draft Tower Ordinance: Section 36 -600. Purpose Section 36- 600(5)(a)(1) slightly expands the type of structure available for permitted telecommunications tower siting. This provision allows antennas to be located on water tanks, as well as, water towers. Section 36- 600(b) also expands the primary land use areas where telecommunications towers can be sited with a Conditional Use Permit ( "CUP "). The revision allows the siting of telecommunications towers in the commercial areas of the City. It also potentially allows tower siting on City -owned property and property owned by other governmental units. VoiceStream appreciates the expansion of potential locations for telecommunications towers. It also appreciates the City's effort to site antennas on structures more conducive to such equipment. However, by creating a distinction between primary locations and structures for tower siting and other locations and structures within the City, the Tower Ordinance limits the number of potential sites, including co- location sites, available to providers. The City may violate the Telecommunications Act if a tower applicant is denied a Building Permit or a CUP after clearly demonstrating the necessity to construct a tower or site antennas on a non - primary location or structure. VoiceStream recommends the deletion of language creating primary locations and structures. We recommend the City evaluate each telecommunications tower application on its own merits regarding location, height, design and technical necessity. 0 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Kenneth Roberts February 19, 2001 Page 3 Section 36 -606 Communications Towers Proposed in Residential Zoning Districts Section 36- 606(1) allows the consideration of telecommunication tower siting within a residential zoning district only when a proposed tower will be located on church property, parks (under certain circumstances), City or other governmentally -owned property, schools, utilities or institutional sites or facilities. This provision is consistent with the proposed language of Section 36 -600 of the Tower Ordinance. VoiceStream appreciates the City's effort to site towers on land and/or structures in residential areas where it is conducive to do so. However, the City may violate the Telecommunications Act if a tower applicant is denied a CUP after clearly demonstrating the necessity to construct a tower in another residentially -zoned location. VoiceStream recommends that the first sentence of subsection 1 be revised to read "Towers supporting commercial antennas and conforming to all applicable provisions of this ordinance are preferred in the following residentially -zoned locations, unless the City Council determines that an alternative location is technically necessary to achieve coverage requirements." Section 36- 606(2) prohibits the construction of more than one (1) telecommunications tower on a residentially -zoned piece of property. While this restriction appears to be reasonable, there are instances where siting more than one tower on a certain piece of property is advantageous to both the City and wireless services providers. VoiceStream recommends the deletion of Section 36- 606(2). VoiceStream recommends the City evaluate applications on this point on a case -by -case basis. Section 36- 606(5) limits the height of telecommunications towers in residential zoning districts to seventy -five (75) feet and creates a setback of at least one hundred (100) feet from the nearest residential structure. The current Tower Ordinance allows an exemption from the setback requirement when a qualified structural engineer specifies, in writing, that any collapse will occur within a lesser distance. VoiceStream views the 75 -foot height limitation as an unreasonable restriction which could lead to the construction of additional telecommunications towers within residential zoning districts. Higher telecommunications towers provide greater continuous coverage and will allow uninterrupted service throughout the City. The tower height limitation also affects providers' ability to co- locate antennas. VoiceStream recommends the City adopt the same height limitation in residential zoning districts as the Tower Ordinance currently imposes in non- residential zoning districts. In addition, we recommend that the language proposed for deletion in Section 36- 606(5) be retained in the Tower Ordinance. Section 36 -610 Co- Location of Personal Wireless Communication Service Equipment Section 36- 614(B)(2) requires a telecommunications tower applicant to provide coverage maps of all existing antenna sites within one (1) mile of a proposed facility in order to demonstrate existing coverage gaps. The language seems to require an applicant to provide information on towers not owned by it. Wireless service providers are unlikely to provide proprietary technical information regarding the range and coverage of telecommunications towers to competitors. The City is in possession of portions of this information through the zoning process. Requiring an applicant to duplicate it is unreasonable. VoiceStream recommends the deletion of this provision of Section 36 -610. 5 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Kenneth Roberts February 19, 2001 Page 4 VoiceStream looks forward to working with the City to develop its Tower Ordinance. Please feel free to contact me at (952) 896 -3214 if you have any questions regarding this issue. M Peter J. Coyle, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: Mr. Steve Katkov Mr. Mike O'Rourke Scott Slatter Esq. ::ODMA\PCDOCS \LIB 1 \653868 \1 0 Attachment 2 ORDINANCE NO. AN ORDINANCE OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, AMENDING THE CITY CODE ABOUT ANTENNAS AND TOWERS, The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section changes the following parts of the Maplewood City Code: (Additions have been underlined and deletions are crossed out.) CHAPTER 36 ARTICLE XI COMMERCIAL USE ANTENNAS AND TOWERS Section 36 -600. Purpose. To accommodate the communication needs of residents and business while protecting the public health, safety and general welfare of the community, the Maplewood City Council finds that these regulations are necessary to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. 2. Require tower equipment to be screened from the view of persons located on properties contiguous to the site and /or to be camouflaged in a manner to complement existing structures and to minimize the visibility and the adverse visual effects of antennas and towers through careful design and siting standards. 3. Ensure the operators and owners of antennas and towers desian, locate and construct antennas and towers that meet all applicable code requirements to avoid i potential damage to adjacent properties from tower failure through structural standards and setback requirements. 4. Maximize the use of existing and approved towers and buildings for new wireless . telecommunication antennas to reduce the number of towers needed to serve the community. 5. The following preferences shall be followed when selecting sites: a. Primary structural location preference for wireless communication equipment as permitted uses. (1) Water towers or tanks. (2) Co- location on existing towers. (3) Church steeples or the church structure, when camouflaged as steeples, bell towers, or other architectural features. (4) Sides and roofs of buildings or structures over two (2) stories. (5) Existing power or telephone pole corridors. (6) Light poles or towers at outdoor recreational facilities. 7 (7) Parking lots may be used to locate towers r�rs where the structure replicates, incorporates or substantially blends with the overall lighting standards and fixtures of the parking lot. b. Primary land use areas for towers requiring conditional use permits. (1) Industrial and commercial. (2) City -owned property (except water towers), other government -owned property, schools, churches or places of worship, utility, and institutional sites. (3) Public parks /golf courses, when compatible with the nature of the park or course. (4) Open space areas when compatible with the nature of the area and site. Section 36 -601. Definitions. The following words and terms, when used in this section or ordinance shall have the following meaning unless the context clearly indicates otherwise: Accessory structure. A use or structure subordinate to the principal use of the land or building with a tower or antenna. Antenna. Any structure, equipment or device used for collecting or radiating electromagnetic waves, telecommunication, microwave, television or radio signals including but not limited to directional antennas, such as panels, microwave dishes and satellite dishes, and omni - directional antennas, such as whips. Personal Wireless Communication Services. Licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. Public Utility. Persons, corporation, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the public. For this ordinance, commercial wireless telecommunication sources shall not be considered public utility uses. Tower. Any pole, monopole, spire, or structure, or combination thereof, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. UBC. Uniform Building Code. Published by the International Conference of Building Officials and adopted by the State of Minnesota to provide jurisdictions with building - related standards and regulations. Section 36 -602. Existing antennas and towers. Antennas, towers and accessory structures in existence as of January 13, 1997, that do not meet or comply with this section are subject to the following provisions: 1. Towers may continue in use for the existing purpose now used and as now existing but may not be replaced or structurally altered without meeting all standards in this section. 0 2. If such towers are damaged or destroyed due to any reason or cause at all, (unless the user or owner voluntarily removes the tower), the owner or operator may repair and restore the tower to its former size, height and use within one (1) year after first getting a building permit from the city. The location and physical dimensions shall remain as they were before the damage or destruction. Section 36 -603. Interpretation and Applicability. a. It is not the intention of this ordinance to interfere with, abrogate or annul any covenant or other agreement between parties. However, where this ordinance imposes greater restrictions upon the use or premises for antennas or towers than are imposed or by other ordinances, rules, regulations or permits, or by covenants or agreements, the provisions of this ordinance shall govern. b. This ordinance does not apply to the use or location of private, residential citizen band radio towers, amateur radio towers or television antennas. Section 36 -604. Inspections and Violations. a. All towers, antennas and supporting structures must obtain a building permit and are subject to inspection by the city building official to determine compliance with UBC construction standards. Deviations from the original construction that a permit is obtained, other than antenna adjustments, is a misdemeanor. b. Notice of violations will be sent by registered mail to the owner and the owner will have thirty (30) days from the date the notification is issued to make repairs. The owner will notify the building official that the repairs have been made, and as soon as possible after that, the building official will make another inspection and the owner notified of the results. c. Adjustments or modifications to existing antennas do not require a conditional use permit or a building permit. Section 36 -605. Conditional Use Permit. a. In reviewing an application for a conditional use permit for the construction of commercial antennas, towers, and accessory structures, the city council shall consider the: (1) Standards in the city code. (2) Recommendations of the planning commission and community design review board. (3) Effect of the proposed use upon the health, safety, convenience and general welfare of residents of surrounding areas. (4) Effect on property values. (5) Effect of the proposed use on the comprehensive plan. b. The applicant shall provide at the time of application, sufficient information to show that construction and installation of the antenna or tower will meet or exceed the standards and requirements of the UBC (Uniform Building Code). c. Conditional use permits will not be required for: (1) Repair or replacement or adjustment of the elements of an antenna array affixed to a tower or antenna, if the repair or replacement does not reduce the safety factor. (2) Antennas mounted on water towers, sides or roof of existing structures and on existing towers, power, light, or telephone poles. d. The fee to be paid for the conditional use permit shall be set by city council resolution. e. The applicant shall have a property_ acquisition specialist and a radio frequency engineer attend all city- related meetings to be available to answer questions. Section 36 -606. Communication Towers Proposed in Residential Zoning-Districts. No person, firm or corporation shall build or install a tower in a residential zoning district zone without obtaining a conditional use permit from the city council. Such a tower shall be subject to, but not limited to, the following conditions: 1. The city will only consider such a tower in the following residentially -zoned locations or properties: a. Churches or places of worship. b. Parks, when the city determines the facility would be compatible with the nature of the park. C. City -owned property, government, school, utility and institutional sites or facilities 2. There shall be no more than one freestanding tower at one time on a property that the city has planned for a residential use or that the city has zoned residentially, unless one of the following applies: a. The additional towers or antennas are incorporated into existing structures such as a church steeple. light pole, power line support device or similar structure. b. The residential property is at least five (5) acres in size. c. If the proposed tower is to replace an existing tower and if the owner /user of the existing tower agrees to remove the existing tower within thidy (30) days of the completion of the new or replacement tower. 3+-. The applicant shall demonstrate by providing a coverage /interference analysis and capacity analysis, that location of the tower as proposed is necessary to meet the frequency reuse and spacing needs of the cellular or personal wireless communication services systems sue, and to provide adequate personal wireless communication or portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district or on an existing structure. 42. If no existing structure that meets the height requirements for the antennas is available for mounting the antennas, such antennas may be mounted on a tower not to exceed seventy- five (75) feet in height. The tower shall be located. a distance of at least the height of the tower plus finrenty -five (25) feet from the nearest residential structure. �i��ss- a- �gttafi#te�F 'Oft An -nee und setbael� 10 53. The height of a tower may be increased to a maximum of one hundred twenty five (125_) me Iql-nalle-01 44n E� I lul lul %-,%A k I feet if the tower and base area are -is designed and built for the co- location of at least one other personal wireless communication service provider antennas and equipment. e 64: Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching, the owner or operator shall locate it at least ten (10) feet from the side or rear lot line and shall landscape and screen it. The community design review board shall review such a building, and the landscaping and screening. The owners and operators of all new equipment or utility buildings and accessory structures for towers shall design and construct such structures to blend in with the surrounding environment. 7. Towers shall not be located between a principal structure and a public street, unless the city determines that such a location would lessen the visibility of the tower or would lessen the negative impacts of such a facility on nearby propert ies. 8. The city may reduce or vary the required setback for a tower from a public street to allow the integration of a tower into an existing or proposed structure such as a church steeple, liaht pole, .power line supDort device or similar structure. 9. Towers shall be built at least ten (10) feet from side and rear property lines, unless the site is next to a residential property line or next to a property that the city is 0anning for a residential use. If the tower would be next to a residential property line or next to a property that the city is planning for a residential use, then the tower must be located at least the height Of the tower plus twenty -five (25) feet from the nearest residential structure. The owner or operator shall locate around equipment and accessory structures at least ten (10) feet from side and rear property lines. 10. The owner or operator of any tower shall screen around - mounted equipment from view by suitable vegetation, except where a design of nonveaetative screening better reflects and complements the character of the surrounding neighborhood. 11. Tower locations should provide the maximum amount of screenina possible for off -site views of the facility and to lessen the visibility of the tower. 12. The existing on -site vegetation shall be preserved to the maximum practicable extent. 13. The community desian review board (CDRB) shall make recommendations on the plans for towers, utility, equipment or accessory buildings, site plans and proposed screening and landscapina 14. Towers with antennas shall be designed and constructed to withstand a uniform wind loading as prescribed by the UBC (Uniform Building Code). Section 36 -607. Construction Requirements, Setback and Height Restrictions in Zonin Districts or Locations Other Than Residential. NO person, firm or corporation shall erect a tower in a location other than residential without first obtaining a conditional use permit from the city council. Such a tower shall be subject to, but not limited to, the following conditions: 11 a. No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, in or upon any required setback area for the district in which the antenna or tower is to be located. b. All antennas, towers and accessory structures shall meet all applicable provisions of this code and this section. c. Antennas and towers shall meet the following requirements: (1) The antennas may be mounted on a single pole or tower rnnanapete not to exceed one hundred seventy -five (175) feet in height. The pole or tower shall be setback at least the height of the pole or tower }9ole plus twenty-five (25) feet from any residential lot line. (2) Metal towers shall be constructed of, or treated with, corrosive resistant material. (3) The use of guyed towers is prohibited. (4) Tower locations should provide the maximum amount of screening possible for off -site views of the facility and to lessen the visibility of the tower. (5) Existing on -site vegetation shall be preserved to the maximum practicable extent. (6) The installation shall be designed to be compatible with the underlying site plan. The owner or operator shall landscape the base of the tower and any accessory structures. Accessory structures and equipment buildings shall be designed to be architecturally compatible with any principal structures on the site. All new equipment or utility buildings and accessory structures for towers shall be designed and constructed to blend in with the surrounding environment. The community design review board shall review the design plans for towers, utility, equipment or of any accessory structures, site plans and proposed screening landscaping. ' (7) Towers shall be a light blue or gray or other color shown to reduce visibility. No advertising or identification visible off -site shall be placed on the tower or buildings. (8) Antennas placed upon the tower shall comply with all state and federal regulations about nonionizing radiation and other health hazards related to such facilities. (9) Wireless telephone or personal wireless communication service antennas, where located on an existing structure shall not extend more than twenty -five (25) feet above the structure to which they are attached. Such antennas are a permitted use in all zoning districts of the city. The city council. after a recommendation from the communitv design review board, must approve the plans for all sets of antennas on a building after the second personal wireless communication service provider has installed their antennas on the building. 12 (10) Towers with antennas shall be designed and constructed to withstand a uniform wind loading as prescribed by the UBC (Uniform Building Code). (11) Telecommunications equipment located on the side of an existing structure or on a roof of a structure shall not be screened. Towers shall not be located between a principal structure and a public street unless the city determines that such a location would lessen the visibility of the tower or would lessen the negative impacts of such a facility on nearby properties. 13 The cit ma y reduce or vary--the required setback for a tower from a public street to allow the integration of a tower into an existing or proposed structure such as a church steeple. liaht pole, power line support device or similar structure. Towers shall be setback at least ten ( feet from side and rear property lines unless the site is next to a residential lot line. If the tower would be next to a residential property line or next to a property that the city is plannina for a residential use, then the tower must be located at least the height of the tower plus twen ty-five (25.) feet from the nearest residential structure. The owner or operator shall locate around equipment and accessory structures at least ten (10 feet from side and rear property lines. 15 The owner or operator of a tower shall screen around - mounted eaubment from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the character of the surrounding neiahborhood. Tower locations should provide the maximum amount of screenina possible for off -site views of the facility and t0 lessen the visibility of the tower. 17 The existina on -site veaetation shall be preserved to the maximum practicable extent. The community design review board (CDRB) shall make recommendations on the glans for towers, utility, , equipment or accessory buildings, site plans and proposed screening and landscaping. Section 36 -608. Lights Signs and Other Attachments. No antenna or tower shall have affixed or attached to it in any way any lights, reflectors, flashers, daytime strobes or steady nighttime light or other illuminating devices except: 1. Those needed during time of repair or installation, 2. Those required by the Federal Aviation Agency, the Federal Communications Commission or the city. 3. For towers in parking lots, lights associated with the parking .lot lighting. In addition, no tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crows nest, or like structure, except during periods of construction or repair. 13 No antenna or tower shall have signaae, advertising or identification of any kind visible from the around or from other structures, except necessary warning and equipment information signage required by the manufacturer or by Federal, State or local authorities. Section 36 -609. Removal of Abandoned or Damaged Towers. Any tower and /or antenna that is not used for one (1) year shall be deemed abandoned and may be required to be removed in the same manner and pursuant to the same procedures as for dangerous or unsafe structures established by Minnesota Statutes, Sections 463.15 through 463.26. Section 36 -610. Co- location of Personal Wireless Communication Service Equipment. A. The city shall not approve a request for a new personal wireless service tower unless it can be documented by the applicant to the satisfaction of the city council that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or commercial building within one -half mile radius, transcending municipal borders, of the proposed tower due to one or more of the following: 1. The planned equipment would exceed the structural capacity of the existing or approved tower or commercial building. 2. The planned equipment would cause interference with other existing or planned equipment at the tower or building. 3. Existing or approved structures and commercial buildings within one -half mile radius cannot or will not reasonably accommodate the planned equipment at a height necessary to function. 4. The applicant must demonstrate, by providing a city -wide coverage /interference and capacity analysis, that the location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the communication service system, and to provide adequate coverage and capacity to areas that cannot be adequately served by locating the antennas in a less restrictive district or on existing structure. B. Additional Submittal Requirements. Besides the information required elsewhere in this code. all conditional use permit applications for towers also shall include the following information: 1. A letter of intent committing the tower owner and their successors to allow the shared use of the tower if an additional user aarees. to meet reasonable terms and conditions for shared use. 14 2. The applicant shall demonstrate that the proposed facility is necessary to fill a significant existing gap in users coverage or to accommodate system capacity needs. This documentation shall include: a. Coveraa_e maps of all the applicant's or the providers' existing antenna sites within one (1) mile of the proposed facility b. A map showing all existing personal wireless communication service antenna sites within one (1) mile of the proposed facility. 3. That the proposal is the least intrusive method of achieving the necessary coverage or additional system capacity in the area and that other alternatives will not work. 4. ' Th - at the equipment planned for the proposed tower cannot be accommodated at any existing tower or antenna facility. The cit� may find I that a co- location site cannot accommodate the planned equipment for the following reasons: a. The planned equipment would exceed the structural capacity of the preferred co- location site, and the preferred co- location site cannot be reinforced, modified or replaced to accommodate the planned equipment or its equivalent at a reasonable cost, as certified by a qualified radio frequency engineer; b. The planned equipment would significantly interfere with the usabilit of existing or proved equipment at the preferred co- location site and the interference cannot be prevented at a reasonable cost, as certified by a qualified radio frequency _ engineer: C. A preferred co- location site cannot accommodate the planned equipment at a height necessary to function. reasonably, as certified by qualified radio frequency enaineer: or d. The applicant, after a good -faith effort, is unable to lease, purchase or otherwise secure space for the planned equipment at an existina antenna Location. The city may _require the applicant to hire or pay for a study or other research by a qualified radio frequency engineer to determine the need for the proposed tower. 5. Materials or documentation demonstrating to the cit that the applicant has made a a000d faith effort to co- locate on existing towers but they could not reach an agreement to co- locate on an existing tower. 6. Design information and documentation showing how the applicant, owner or operator of the tower has designed structurally, electrically and in all respects the tower to accommodate both the applicant's antennas and the antennas for at least two (2) additional users if the tower is equal to or more than one hundred (100) feet in height in all locations or for at least one (1) additional user if the tower is equal to or more than seventy -five (75) feet in height. The applicant and owner must design and install a new tower to allow for the maximum future arrangement of antennas on the tower. to accept antennas mounted at varying heights and to accommodate the equipment and other needs of future users 15 7. Photo- illustrations or similar - styled artist's renderings of the proposed tower and base site that show the appearance of the proposed tower and the proposed around equipment or buildings after the contractor completes them. Section 36 -611. Interference with Public Safety Telecommunications. All new or existing telecommunications service and equipment shall meet or exceed all Federal Communication Commission (FCC) standards and regulations and shall not interfere with public safety telecommunications. Section 36 -612. Additional Submittal Requirements. Besides the information required elsewhere in this Code, building permit applications for towers shall include the following supplemental information: (1) A report and plans from a qualified and registered engineer or others that: a. Describes the tower height and design including a cross section and elevation. b. Documents the height above grade for all potential mounting positions for co- located antennas and the minimum separation distances between antennas. c. Describes the tower's capacity, including the number and type of antennas that it can hold. d. Includes an engineer's stamp and registration number, if applicable. e. Includes all other information necessary for the city to evaluate the request. Section 36 -613. Variances. The City Council may grant variances to the requirements of this section. All variances must follow the provisions of Minnesota Statutes, Chapter 462. For variances regarding antennas and towers, the applicant must show the city the following: 1. There are unique circumstances or characteristics peculiar to the property and that the provisions of this code would inflict undue hardship on the property owner or applicant. 2. The property cannot be developed or put to a reasonable use by strictly conforming with the city code. 3. The applicant or property owner did not create or cause the hardship. 4. The proposed variance will not alter the essential character of the area or the zoning_ district. 5. The proposed variance is the minimum variance that will afford relief from the city code standards. 6. The variance would be in keeping with the spirit and intent of the ordinance 16 The applicant for a variance for an antenna or tower related matter shall submit with their variance application a statement showing how the proposal would meet these findings. Section 2. This ordinance shall take effect after the city council approves it and the official newspaper publishes it. The Maplewood City Council approved this ordinance on 2001. Rordltower.5 17 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MARCH 5, 2001 A. Antenna and Tower Ordinance Amendment Mr. Ken Roberts gave the staff report for the city. The commission considered the update to the antenna and tower ordinance at their last meeting during which there were questions raised about the proposed language. The commission tabled the proposal and asked staff to work on the verbiage and bring it back to the commission. The changes staff made included: 1. Page 9, paragraph 2 stated no more than one free standing tower on a property. One of the attorney's who commented on the report suggested that it may be too restrictive. To alleviate that, ;a newparagraph "b" was added stating "if the property was at least five acres in size, a second tower could be considered." 2. Page 13, B2 discussed the coverage and coverage map responsibility. It now requires that the applicant provide coverage maps of all the applicants and antenna sites within one mile of the proposed facility. Also, they would need to submit a map to the city showing all of the existing antenna sites within one mile of the proposed facility. 3. Page ten (paragraph 8) and twelve (paragraph 13) each contain language about the replication of a structure. The last sentence in each of those paragraphs should be deleted. Commissioner Trippler was concerned with the language stating there should not be more than one freestanding tower on a property at any one time. "What if a tower is built with the intention of removing the previous tower at completion ?" Staff felt a phrase (item C) could be added stating when two towers would be allowable. Mr. Trippler also felt "and or business structure" should be added to the residential guideline of a 25 -foot setback plus the height of the tower. In the case of a tower collapsing, the safety aspect should be applied to businesses as well as residences. Staff felt the ordinance intent was to limit the residential tower sites (zoned residential) for safety and esthetic reasons. It also ensured some separation between the towers and residents homes. Commissioner Ahlness asked if trails are included in Section 36 -606 (1). Staff stated they potentially could be. He also asked where the one -mile radius was derived from when considering a significant gap in coverage. Mr. Roberts stated that was the typical standard found in other ordinances and requirements given by providers. He also clarified that the current density of towers per square mile varies within the City of Maplewood. Mr. Jim McGreevey, attorney with Larkin Hoffman Law Firm, 7900 Xerxes Avenue South, Bloomington, was present to represent Voice Stream Minneapolis, Inc. Mr. McGreevey wanted to thank the staff and the commission for listening to Voice Stream's concerns in the previous commission meeting, and adjusting the tower ordinance accordingly. Mr. McGreevey stated most providers are attempting to co- locate before building a tower. Through the normal course of the co- location investigation, they would identify where the towers were located within a particular city. In section 36 -606, item 5, regarding the setback issue, Voice Stream had suggested adding language from an applicant's engineer stating that if a tower fails, it will collapse progressively onto itself. This, he felt, would be a benefit to the city and to the providers. Mr. Rossbach stated one of the radio towers on Highway 61 and Beam did fail and fall over. He assumed an engineer signed off on that tower. When the ordinance was originally granted there were safety issues addressed. "What they are designed to do, doesn't always happen ". Mr. Mueller added 100 feet seems like a long way, but when it is your back yard, it doesn't appear to be that far at all. Even if a resident can be guaranteed that this tower is not going to fall down, they can still see the tower. Esthetics should be a concern in addition to the safety issue. Mr. Mueller would much rather see a tower go 175 feet up with numerous antennas, rather than to view two towers in his backyard. Mr. Ahlness asked Mr. McGreevey what "environmental effects" is addressing in the letter their law firm submitted to the city. Mr. McGreevey stated the federal government left radio frequency up to municipalities. The letter also stated the cities actions must be based on substantial evidence. Mr. Ahlness asked if significant resident complaint letters reach the level of substantial evidence. Mr. McGreevey stated neighborhood opposition to a tower could be one factor in a local government's decision making, about whether to place a tower at a certain site. He did not feel ,opposition, in and of itself, would rise to the level of substantial evidence without other concerns from the government. Staff noted the proposal at the MnDOT site on McMenemy and Highway 35E went to court over neighborhood opposition. The city lost the case, and there is now a tower at that site. Peter Beck was present on behalf of AT & T Wireless Services. If a user cannot get on an existing tower due to insufficient height, he wondered if there was more impact having a separate pole next to that one, or to have a separate pole somewhere else. He personally felt two poles next to each other may not be ideal, but in many instances felt it could be better than having a second or third pole somewhere else in a residential area. Maplewood does have large residential areas. Mr. Beck reiterated that monopole technology does not experience tower failures of a flop over nature. The vendors that AT & T use have never had failure experience. Although he felt an engineer would not accept responsibility for damage caused by a failure, the owner of the tower should. Mr. Trippler asked as more and more people start utilizing cell phones, does that mean there will have to be more and more towers. Mr. Beck stated "for better or worse, it does ". That decision was made at a federal level. This service must be available to every inch of the landscape and will be provided through a competitive model with multiple companies. Mr. Beck clarified with Mr. Trippler that satellites are not the answer for mobile phones. Numerous companies have gone bankrupt trying to deliver telephone by satellite. Mr. Frost suggested that the city look at making antennas in commercial areas available with just a permit. (If an applicant chose to locate a tower on one of the designated areas, they would not have to go through the planning commission or city council, but simply apply for a building permit). Staff stated they have not as of yet, but it is certainly something they could consider. Ms. Deirich confirmed with Mr. Beck that the taller the tower, the larger the base building would need to be. Mr. Frost moved the commission table the tower and antenna ordinance until the next planning commission meeting. Staff will bring back the comments and suggestions in a revised ordinance. Mr. Rossbach seconded. Ayes -All Motion passed. MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD MINNESOTA MONDAY, MARCH 19, 2001 Antenna and Tower Ordinance Amendment Mr. Ken Roberts gave the staff report for the city. Staff and the planning commission have been working on an amendment to the tower and antenna ordinance. This was the third time the proposal with the amended changes has been brought before the commission. The proposed changes include: 1. In item 36- 606.5, which is regarding the height of a tower and co- locating in a residential district, staff is proposing to raise the 100 feet to 125 feet. In allowing a taller height, hopefully it will minimize the number of towers in the same districts. 2. Page 10, item 2C was added. The statement will now read: "If the .proposed tower is to replace an existing tower and if the owner /user of the existing tower agrees to remove the existing tower within thirty (30) days of the completion of the new or replacement tower." 3. Page eleven, item 5 will read: The height of a tower may be increased to a maximum of one hundred twenty five (125) feet if the tower and base area are designed and built for the co- location of at least one other personal wireless communication service provider's antennas and equipment. 4. On page 11, items 8 and 13, the second sentence was deleted. 5. On page 13, item 14, the same language (second sentence) was deleted. 6. Page 15, items 2 and 3, language was added about accommodating system capacity needs. 7. On top of page 16, a requirement was added that the applicant supply photo illustrations or similar styled artist rendering of the proposed tower or antenna. Mr. Roberts wanted feedback from the commission on if the city should start making some of the locations for towers a permitted use. For example, if the areas around the mall (a large commercial or industrial area) with no residential sites nearby, the city would have no reason to deny the proposal. Therefore, the city might be better off to identify particular areas as permitted use which would encourage the providers to look at those locations first. The applicant would still be required to meet design and performance standards but they would not be required to obtain a conditional use permit. Mr. Frost was in strong support of the permitted use option. He felt there are areas in the city that there really is no reason for the proposal to come before the commission. Technology is changing rapidly in this field. He feels if we are proactive we can start directing these facilities to a place where they are not going to cause problems. Mr. Rossbach confirmed with staff that if permitted use had been applied, in the Taste of India case, for example, the only way to ensure there was not neighborhood opposition to the tower was to execute neighborhood surveys. Mr. Ledvina was uneasy with the concept of permitted use as he felt towers are a different animal because of being so tall. They can affect land uses that are quite far away from the physical base of the tower. He felt possibly having one zone as permitted use, such as an industrial zone, may work. Mr. Trippler felt all of these issues could be handled with the condition of allowing some specific land use areas to bypass the planning commission by simply stating that if there are any objections to the location of a site, which can't be resolved, it would come in front of the commission. If no one objects, and it is in an industrial or business class, he would rather not see it. He would like to see the planning commission become more proactive and select out specific zoning areas for permitted use. Although initially Mr. Ahlness felt the permitted use would be a good deal, he has changed his mind after seeing how quickly a proposal can be approved by the commission (just a few minutes for AT & T this evening). As a safeguard to the community he feels that it would be a good thing to have all proposals reviewed before the commission. Mr. Rossbach does not feel permitted use would provide a huge benefit to the providers. In their past comments, they have expressed to the commission the sites they choose are dictated by their cell layout and where they have to put the towers to make it work. On one hand he feels they are telling us "give us permitted areas and we will put up towers there ", and on the other hand are saying "they have little control over where their towers go up ". Mr. Rossbach does not feel the two mesh together very well. Jim McGreevy, from the Larkin, Hoffman, Daly & Lindgren Law Firm, was present representing Voice Stream, Mpls. In response to a concern Mr. Trippler had regarding towers and property values, he stated that areas where there are lakes may not have as many cell phone towers. Other city ordinances may state no towers in residential areas. He does not feel the placement of towers is reflective of property values. He stated the number one criteria in looking for a location for a tower is coverage for the operators system. Mr. McGreevy felt a provider would choose the location of towers based on numerous issues, not specifically whether or not an area was permitted. He has dealt with a few other cities that had designated permitted areas for towers and those areas were generally zoned industrial. Mr. Pearson questioned what information the city receives to indicate a tower is abandoned. Staff was not certain since we have not been informed of one in the city. Staff noted that the intent of the revision was to have all applicants provide coverage maps of their facilities, and a map locating other sites (not the coverage of those sites) within one mile, inside or outside of Maplewood. Mr. Trippler felt the towers should be EQUAL TO or more than 100 feet in height. Under the same item in the ordinance, Mr. Mueller would like to have the statement reflect that providers design and install all new towers to allow for the MAXIMUM of antennas on the tower. Mr. Trippler wanted the commission to take into consideration that until the ordinance is actually passed, and on the books, any company making application for a tower is grandfathered in with the conditions in effect during the time they made application. Therefore, he would really like to see the commission move on the ordinance and start applying some control over the siting process. Step two in the process could be the permitted land use issue. Mr. Trippler moved the board to adopt the proposed antenna and tower ordinance amendment with the following additions: 1. Section 36 -605, part e: The applicant shall have a property acquisition specialist and a radio frequency engineer in attendance at all city meetings to answer all questions relevant to their application. 2. Section 36 -609, part b6, modify the section to add the words "equal to or'. It will then read: if the tower is equal to more than one hundred feet in height, and if the tower is equal to or more than seventy -five feet in height. 3. In the same section, "the maximum" will replace "future rearrangement of'. Mr. Rossbach seconded. Ayes -All Motion carries. AGENDA NO. ��I Action by Con . _� _ j Date AGENDA REPORT Endorsed Modified Rejected TO: City Manager FROM: Finance Director AZ RE: SCHEDULE MEETING TO REVIEW 2000 ANNUAL FINANCIAL REPORT AND AUDIT REPORTS DATE: April 13, 2001 Recently, the City's 2000 Annual Financial Report and audit were completed. The reports are scheduled for delivery on April 20. It is recommended that the City Council schedule a meeting to discuss these reports with Steve Laible, the partner at KPMG who was in charge of the audit. Steve is available on Monday, May 14 if a special meeting were to be held at 6:00 p.m. immediately preceding the regular Council meeting. Steve is also available on Thursday, May 24, if a special Council meeting were to be held at 5:15 p.m. immediately after the regular "Pre- agenda" Council meeting. It is requested that the meeting be held in the Maplewood Room because a screen is needed for my portion of the presentation. PAagn\afrmeeting.doc AGENDA ITEM Koo O� AGENDA REPORT Action by Council Date TO: Richard Fursman y ger Cit Mana Endo:d ied FROM: R. Charles Ahl, Director of Public Works/City En g e ine �e 4 DATE: April 16, 2001 SUBJECT: Receive Petition for Roadway Improvements to Bush Avenue and Authorize Preparation of Preliminary Report Introduction A petition was submitted to the engineering staff in June 2000 to consider repaving of Bush Avenue, east of Stillwater Road. The city council has a olic for street p Y reconstruction that includes sharing of costs of the project through assessments to the property owners. The city council should receive this petition and authorize engineering staff to prepare a preliminary report on the proposed improvements to Bush Avenue. Background Attached to this memo is a copy of the petition received from the neighborhood. Actually, Bush Avenue is not included in the city's Pavement Management Plan (PMP) for consideration for reconstruction until after 2006. The petition requests that the council consider moving improvements to the roadway into the next p 5-year period. Y The property owners along Bush Avenue are not aware of the city's policy for pavement management. The street is in need of reconstruction; however, due to the numerous streets within the city in need for reconstruction, it is not rated within the next 5 years for work Other than emergency patching. The petition was routed, however, without information on the cost - sharing policy. Many of the petitioners are not aware that reconstruction includes an assessment to their property. The requested action by the council would authorize engineering staff to work with the neighborhood to develop a plan for Bush Avenue through neighborhood meetings that includes consideration of streets already designation for reconstruction within the PMP. Meetings with the property owners would likely begin in May 2001. Unfortunately, this petition was delayed in being presented to the city council due to staff changes in 2000. All future petitions will be forwarded to the Council when received, along with a staff recommendation for action. Bush Avenue 2 April 16, 2001 Recommendation The petition from Bush Avenue is recommended to be received and authorization to prepare a preliminary report is recommended by the staff to address the neighborhood concerns. An improvement to the roadway within the next 5 years will be proposed, if acceptable to the property owners and coordinated with the city's Pavement Management Plan. RCA jc Attachment Petition for repavin p* a'v'l"n" g June 27 2000 �'�°�� � � � I have been informed that our street, Bush Avenue between Stillwater Road and up to Bartle'm Lane is not scheduled to be repaved until the. y ear 2006. The cit of Maplewood will onl patch it until then. If y ou would like to see this road repaved- not patched- before 2006 please si below. Thank y ou rr address- AZa") E oh 2. address 3. add re 40 address. 26 o 50 address_,337/ 6. U J'z� address.,a-j.�a_ 7. address 7,E 5' m"Z�/ 8. address 90 __ �_ ���� 100 —address address L1 (8 px�w. 11. address 12. address - Be .: f a� y , I ije 130 address- 14. .L�l address 00& I N VW 1 0 address, 9'3�w 16. address t 170 address - • - • 20. address rr Agenda # Ka* 3 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: April 16, 2001 RE: Agenda Order - Visitor Presentation Action by Council Date Endorsed Modred Rejected At the April 9, 2001 meeting, staff was directed to put agenda order on the April 26, 2001 council meeting for the purpose of discussion, specifically Visitor Presentation. The present agenda order is designed to address items in an efficient way and is approved by the City Council in the Rules of Policy and Procedure Manual. After addressing normal procedures such as Approval of Minutes and Approval of the Agenda, Council approves the Consent Agenda and proceeds to allow public testimony during items that are under: Public Hearings, Unfinished Business and New Business. All items have been researched by staff, reports have been written and provided to the Council for review prior to the meeting. Items under Public Hearings have been published, neighborhood meetings have been held and citizens attend with a general time in mind that they will be able to speak. Citizens speaking during Visitor Presentation are given the opportunity to address Council towards the end of the meeting after normal business has been conducted. If it is the decision of the City Council to change the current order of the agenda, staff should be directed to make these changes in the Rules of Policy and Procedure Manual. Agenda # Action by Council MEMORANDUM Date TO: Richard Fursman City Manager er Endorsed Modified FROM: Karen Guilfoile Cit y Cler Rejected DATE: April 16, 2001 ` RE: Intoxicating & Sunday Liquor License for Chipotle Mexican Grill Introduction Ryan Michael Judge has submitted an application for an intoxicating and Sunday liquor license for Chipotle Mexican Grill located at 2303 White Bear Avenue. Background As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Judge. There was nothing found that would prohibit him from holding a liquor license in the City. Mr. Judge has been given a copy of the City Code of Ordinances that apply to being an intoxicating liquor license holder and he has met with Chief Winger. Recommendation It is recommended that the City Council approve the liquor license application. AGENDA REPORT s ,, Item # to: Richard Fursman City Manager Acts hl �5 from: Colleen J. Callahan, Community Orie t 1 es Coordinator Date subject: Charitable Gambling Requests o 20 Endorsed date: April 17, 2001 Modified Rejected INTRODUCTION In December 1998 the City Council approved. a revised process for reviewing and approving Charitable Gambling Requests. The new guidelines were established to coincide with the budget process. All requests must be submitted by April 15 of each year for the following years allocations. Each request is evaluated based on its overall city wide benefit. Funds are generally distributed for projects, equipment or activities that are based in the community and which primarily benefit City residents. Receipt of funds one year does not automatically guarantee continued funding in subsequent years. Projects which involve the purchase of equipment, supplies or specific items will be looked upon more favorably than requests for salaries or general operating costs. All funds are required to be expended for the requested project within one year of the date of receipt of the funds from the City. The City of Maplewood grants funds from lawful gambling profits, for lawful purpose to support City- related activities / events. "Lawful purposes " as outlined by the State Gambling Board are: 1) lawful purposes outlined by statute; which are; a) 501(c)(3) organizations & 501(c)(4) festival organizations; b) relieving the effects of poverty, homelessness, physical or mental disability; c) treatment of: delayed posttraumatic stress syndrome or compulsive gambling; d) public or private nonprofit education institution registered & accredited by the State; e) a scholarship fund; f) recognition of humanitarian or military service; g) activities and facilities benefiting youth under age 21; h) expenditures for police, fire and other emergency or public safety- related services, equipment and training; I) nonprofit organization which is a church or a body of communicants; j) wildlife management project that benefits the public -at- large, provided that the Department of Natural Resources approves; k) costs related to grooming and maintaining snowmobile trails that are grant -in -aid trails, or other trails open to public use provided that the commissioner of natural resources has approved; 1) conducting nutritional programs, food shelves, and congregate dining programs primarily for persons who are age 62 or older or disabled; m) community arts organizations, or expenditures to fund arts programs in the community. All requests must meet one or more of the "lawful purposes" outlined above to be considered. The first priority in the granting of funds will then be given to City of Maplewood Organizations; and the second priority or consideration will be given to funding requests from other organizations which are used for City- related purposes. Item # Annual Charitable Gambling Review /Allocation for 2002 Page 2 The following is a listing of the organizations and groups who have submitted requests for charitable contributions: 1. Non Profit / 501(c)(3) Room Rentals at the MCC 2. Mid Summer Night Celebrations (23) 3. Community Puppet Playhouse 4. National Night Out Community Celebration 5. Maplewood Law Enforcement Explorers 6. Ramsey County Fair Community Activities 7. Moms Club of Maplewood -North 8. Maplewood Area Historical Society 9. Red Cross Blood Drive and Bone Marrow Program Total Amount Requested Total Amount Available Shortage $ 25 $ 18 $ 1000.00 $ 7,000.00 $ 12 $ 7,000.00 $ 5 00.00 (match for bake sale at NNO) $ 4,340.00 $ 2,500.00 $86,340.00 $43,800.00 ($42,540.00) RECOMMENDATION All of the requests meet the basic requirements established by the City Council. Each of them benefit the city and comply with "lawful purpose" in varying degrees. There are not enough funds to support each of the requests. Determine which of the requests will be funded and to what degree.