HomeMy WebLinkAbout01-13-1997
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, January 13, 1997
Council Chambers, Municipal Building
Meeting No. 97-01
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers,
Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor
Sherry Allenspach, Acting Mayor
Dale H. Carlson, Councilmember
Marvin C. Koppen, Councilmember
George F. Rossbach, Councihnember
Present (Arrived at 7:35 P.M.)
Present
Present
Present
Present
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 96-26, (December 23, 1996)
Councilmember Carlson moved to approve the minutes ofMeetinl! No. 96-26 (December
23. 1996) as presented.
Seconded by Councilmember Rossbach
Ayes - all
E. APPROVAL OF AGENDA:
Councilmember Carlson moved to approve the Al!enda as amended:
Ll Mayor's Update
Seconded by Councilmember Koppen
Ayes - all
EA. APPOINTMENTS/PRESENTATIONS
NONE
F. CONSENT AGENDA:
Councihnember Carlson moved. seconded bv Councilmember Koppen; aves - all. to approve the
Consent Al!enda. Items Fl thru Fll:
1. Approval of Claims
Approved the following claims:
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ACCOUNTS PAYABLE: $ 227,868.57 Checks #6898-#6911 Dated 12-12-96 thru 12-18-96
$ 222,526.24 Checks #29369-#29475 Dated 12-24-96
$ 60,221.75 Checks #6912-#6916 Dated 12-20-96 thru 12-23-96
$ 44,140.96 Checks #29476-#29564 Dated 12-31-96
$ 139,470.42 Checks #6917-#6930 Dated 12-24-96 thru 12-30-96
$ 749.070.29 Checks #29569-#29647 Dated 1-7-96
$1,443,298.23 Total Accounts Payable
PAYROLL: $ 283,496.46 Payroll Checks and Direct Deposits Dated 12-27-96
$ 45.471.26 Payroll Deduction Checks Dated 12-27-96
$ 328,967.72 Total Payroll
$1.772.265.95 GRAND TOTAL
2. Planning Commission and Commuuity Design Review Board Reappointments
Reappointed the following Planuing Commission and Commuuity Design Review Board
members whose terms expired on December 31, 1996:
Planuing Commission:
Gary A. Pearson 3-Year Appointment
William Rossbach 3-Year Appointment
Commuuity Design Review Board:
Marv Erickson 2-Year Appointment
Tim Johnson 2-Year Appointment
Expires 12-31-99
Expires 12-31-99
Expires 12-31-98
Expires 12-31-98
3. Conditional Use Permit Review - Ismaili Commuuity Church (1460 Skilhnan Avenue)
Reviewed and renewed the Conditional Use Permit at 1460 Skillman Avenue for the
Ismaili Muslim Commuuity Church; to be reviewed again in five years or sooner if a
major change is proposed or a problem arises.
4. Conditional Use Permit Review - Beaver Lake Lutheran Preschool (2280 Stillwater Avenue)
Reviewed and renewed the Conditional Use Permit at 2280 Stillwater Avenue for the
Beaver Lake Lutheran Church Preschool; to be reviewed again in five years or sooner if a
major change is proposed or a problem arises.
5. Application for Cancellation of Ambulance Bill
Authorized cancellation of the $121.96 balance of an ambulance bill for Jodi A. Janz.
6. State of Minnesota Grant Contract - Innovative Stormwater Management
Adopted the following Resolution authorizing execution of a contract with the State of
Minnesota to obtain a $79,400 grant for the Innovative Storm Water Management
Project.
97 - 01 - 01
AUTHORIZING EXECUTION OF CONTRACT - INNOVATIVE STORM WATER MANAGEMENT
PROJECT
BE IT RESOLVED BY THE CITY OF MAPLEWOOD that the City enter into the
attached Substate Agreement with the Minnesota Pollution Control Agency (MPCA) to
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conduct the following project: Maplewood Innovative Storm Water Management
Project.
BE IT FURTHER RESOLVED by the City of Maplewood that the Mayor, Gary Bastian,
be authorized to execute the attached Substate Agreement for the above-mentioned
project on behalf of the City.
WHEREUPON, the above Resolution was adopted at a regnlar meeting of the City
Council this 13th day of January, 1997.
7. Fire Service Contract for 1997 with 3M Company
Approved a contract between 3M Company, St. Paul Fire and Safety Services and The
City of Maplewood for the delivery of fire service for 1997.
8. Budget Change for 911 State Aid
Authorized revision of the General Fund and the Enhanced 911 Service Fund as
necessary to qualify for additional 911 State Aid.
9. City Manager Evaluation
Accepted the City Manager's 1996 performance review, as presented by Councilmembers
Carlson and Koppen, and authorized the award of $3,900 merit pay for 1996.
10. Budget Change for Ambulance Billing Services
Authorized making the Finance Department's part-time clerk typist position a full-time
position so that insurance claims can be fIled for our ambulance service customers, and
keep the data entry operator position part- time, and authorized the appropriate budget
changes.
11. Purchase of Fire Chief Vehicle
Approved the purchase of one 1997 Ford Crown Victoria from the Hennepin County bid
and approved reallocation of remaining funds for lettering of fire command vehicles.
G. PUBLIC HEARINGS
NONE
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Tower and Antenna Ordinance (Second Reading)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
c. Acting Mayor Allenspach asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
d. Councilmember Carlson introduced the followinl! Ordinance for second readinl! and
moved its adoption:
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ORDINANCE NO. 770
AN ORDINANCE OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, AMENDING
THE CITY CODE BY ADDING LANGUAGE ABOUT ANTENNAS AND TOWERS
THE MAPLEWOOD CITY COUNCIL APPROVES THE FOLLOWING CHANGES TO THE
MAPLEWOOD CODE OF ORDINANCES:
Section 1.
Section 2.
Section 3.
This section changes Section 36-66(b) by adding the following:
(3) Antennas and towers as regnlated by Section 36-606.
This section changes Section 36-84.7 as follows:
Section 36-84.7 Radio tower, television antenna and flagpole setbacks. Citizen band radio
towers, amateur radio towers, television antennas and flagpoles in an R-l district shall
maintain a five-foot setback from all property lines.
This section adds the following to the Maplewood City Code:
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 ofthe commuuity, the Maplewood City Council finds that these
regnlations 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
contignous to the site and/or to be camouflaged in a manner to complement existing structures.
3. Avoid 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
telecommuuication 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 commuuication equipment as
permitted uses.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Water towers.
Co-location on existing towers.
Church steeples or the church structure, when camouflaged as steeples, bell towers,
or other architectural features.
Sides and roofs of buildings or structures over two stories.
Existing power or telephone pole corridors.
Light poles or towers at outdoor recreational facilities.
Parking lots may be used to locate monopoles 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.
(2) Government, school, church or places of worship, utility, and institutional sites.
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(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. Defiuitions.
The following words and terms, when used in this section or ordinance shall have the following
meaning unless the context clearly indicates otherwise:
1. Accessory structure. A use or structure subordinate to the principal use of the land or
building with a tower or antenna.
2. Antenna. Any structure or device used for the purpose of collecting or radiating
electromagnetic waves, including but not limited to directional antennas, such as panels,
microwave dishes and satellite dishes, and omui-directional antennas, such as whips.
3. Personal Wireless Commuuication Services. Licensed commercial wireless commuuication
services including cellular, personal commuuication services (PCS), enhanced specialized
mobilized radio (ESMR), paging and similar services.
4. 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 telecommuuication sources shall not be considered public utility uses.
5. Tower. Any pole, 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.
6. UBC. Uuiform 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 regnlations.
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.
2. If such towers are damaged or destroyed due to any reason or cause at all, (uuless 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, regnlations 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
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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)
(2)
(3)
(4)
(5)
Standards in the City code.
Recommendations of the Planning Commission and Commuuity Design Review Board.
Effect of the proposed use upon the health, safety, conveuience and general welfare of
residents of surrounding areas.
Effect on property values.
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 (Uuiform 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.
Section 36-606. Communication Towers Proposed in Residential Districts.
No person, firm or corporation shall build or install a tower in a residential zone without obtaining
a conditional use permit. Such a tower shall be subject to, but not limited to, the following
conditions:
1. 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 commuuication services system, and to provide adequate coverage and
capacity to areas that cannot be adequately served by locating the towers in a less restrictive
district or on an existing structure, tower or antenna.
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 from
the nearest residential structure, unless a qualified structural engineer specifies in writing that
any collapse ofthe pole will occur within a lesser distance under all foreseeable circumstances
and if the City Council approves a lesser setback.
3. The height of a tower may be increased to a maximum of one hundred (100) feet if the tower is
designed for the co-location of another provider's antenna.
4. Transmitting, receiving and switching equipment shall be in 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.
Section 36-607. Construction Requirements, Setback and Height Restrictions in Districts or
Locations Other Than Residential.
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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 ofthis code
and this section.
c. Antennas and towers shall meet the following requirements:
(1) The antennas may be mounted on a single pole or monopole not to exceed one hundred
seventy-five (175) feet in height. The pole shall be setback at least the height of the pole
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.
(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. The Commuuity Design Review
Board shall review the design of any accessory structures, equipment buildings and site
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 regnlations about
nonionizing radiation and other health hazards related to such facilities.
(9) Wireless telephone antennas, where located on an existing structure shall not extend more
than twenty-five (25) feet above the structure to which they are attached. Such antennas
are a permitted use in all zoning districts of the City.
(10) Towers with antennas shall be designed to withstand a uniform wind loading as
prescribed by the UBC (Uniform Building Code).
(11) T elecommuuications equipment located on the side of an existing structure or on a roof of
a structure shall not be screened.
Section 36-608. Lights 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 Commuuications 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, crow'snest, or like structure, except during periods of construction or repair.
Section 36-609. Removal of Abandoned or Damaged Towers.
Any tower and/or antenna that is not used for one (1) year shall be deemed abandoned and may be
required to be removed in the same manner and pursuant to the same procedures as for dangerous
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or unsafe structures established by Minnesota Statutes, Sections 463.15 through 463.26.
Section 36-610. Co-location of Personal Wireless Commuuication Service Equipment.
A proposal for a new personal wireless service tower shall not be approved uuless it can be
documented by the applicant to the satisfaction of the City Council that the telecommuuications
equipment planned for the proposed tower cannot be accommodated on an existing or approved
tower or commercial building within one-half mile radius, transcending muuicipal borders, ofthe
proposed tower due to one or more of the following:
1. The planned equipment would exceed the structural capacity ofthe 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. For residential district sites, 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 commuuication 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.
5. For all commercial wireless telecommunications service towers, a letter of intent committing
the tower, the owner and his or her successors to allow the shared use of the tower if an
additional user agrees in writing to meet reasonable terms and conditions for shared use.
Section 36-611. Interference with Public Safety Telecommunications.
All new or existing telecommunications service and equipment shall meet or exceed all Federal
Commuuication Commission (FCC) standards and regnlations and shall not interfere with public
safety telecommunications.
Section 36-612. Additional Submittal Requirements.
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.
Section 4. This ordinance shall take effect after the City Council approves it and the official
newspaper publishes it.
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Seconded by Councilmember Koppen
Ayes - all
2. Solid Waste Ordinance (Second Reading)
a. Manager McGuire introduced the staff report.
b. Acting Mayor Allenspach asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
c. Councilmember Carlson introduced. for second readinl!. an ordinance rel!ardinl!
l!arbal!e. refuse and other solid wastes.
Seconded by Councilmember Allenspach
Ayes - Acting Mayor Allenspach,
Councilmember Carlson
Nays - Councilmembers Koppen, Rossbach
MOTION FAILED - TIE VOTE
d. Councihnember Carlson withdrew the motion.
e. Councihnember Koppen moved to table this item until the Mayor's arrival.
Seconded by Councilmember Carlson
Ayes - all
J. NEW BUSINESS
1. Conditional Use Permit Review - AT&T Cellular Telephone Tower (1899 Clarence Street)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following person was heard:
Peter Beck, A T & T
d. Councilmember Carlson moved to take no action on the request for a conditional use
permit time extension. thereby endinl! the permit.
Seconded by Councilmember Rossbach
Ayes - Councilmembers, Carlson, Koppen
Rossbach
Nays - Mayor Bastian, Councilmember
Allenspach
2. Kohhnan Overlook Petitions
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
d. Council directed staff to hold a neighborhood meeting to more clearly identify the
issues and expectations of the neighborhood and report back to the City Council at a
later date.
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3. Arcade Street Feasibility Study - Establish Public Hearing
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
d. Councihnember Carlson introduced the followinl! Resolution and moved its
adoption:
97 - 01 - 02
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, a report has been prepared by the City Engineering Division with
reference to the improvement of Arcade Street, north of Keller Parkway, City Project 96-
22, by street, water main and storm sewer and this report was received by the Council on
January 13, 1997, and
WHEREAS, the report provides information regarding whether the proposed
project is necessary, cost-effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
1. The Council will consider the improvement of such street in accordance
with the report and the assessment of abutting property for all or a portion
of the cost of the improvement pursuant to Minnesota Statutes, Chapter
429 at an estimated total cost of the improvement of $1,170,000.
2. A public hearing shall be held on such proposed improvement on the 10th
day of February, 1997, in the Council Chambers of City Hall at 7 p.m. and
the Clerk shall give mailed and published notice of such hearing and
improvement as required by law.
Seconded by Councilmember Koppen
Ayes - Councilmembers Allenspach,
Carlson, Koppen, Rossbach
Nays - Mayor Bastian
4. Ariel Street - Order Feasibility Study
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
d. Councihnember Allenspach introduced the followinl! Resolution and moved its
adoption:
97 - 01 - 03
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to construct street and utility improvements on Ariel
Street, from 11th A venue to County Road C and to assess the benefited property for all or
a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
That the proposed improvement be referred to the City Engineer for study and that
he is instructed to report to the Council will all conveuient speed advising the Council in a
preliminary was as to whether the proposed improvement is necessary, cost effective, and
feasible and as to whether it should best be made as proposed or in connection with some
other improvement, and the estimated cost of the improvement as recommended.
FURTHERMORE, funds in the amount of $8,000 are appropriated to prepare this
feasibility report.
Seconded by Councilmember Carlson
Ayes - Councilmembers Allenspach,
Carlson, Koppen, Rossbach
Nays - Mayor Bastian
5. Traffic Engineering Proposal - English Street/Hazelwood Street
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No
one appeared.
d. Councihnember Carlson moved to establish a budl!et of $20.000 for consultinl!
services relative to Enl!lish Street and Hazelwood Street traffic enl!ineerinl!. with the
fundinl! of the study to be fmanced by the State Aid Street Construction Fund.
Seconded by Councilmember Koppen
Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen
Nays - Councilmember Rossbach
6. Lawful Gambling Fund Requests, First Quarter 1997
a. Manager McGuire introduced the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following persons were heard:
John Bringewatt, 2414 Park Avenue South, Minneapolis (Lutheran
Social Services)
c. Councilmember Carlson moved to approve the request from Lutheran Social Service
of Minnesota - Share-A-Home Prol!ram for $3.500.
Seconded by Mayor Bastian
Ayes - all
Richard Rydeen, 224 English Street, on behalf of Presentation of
Mary School
e. Mayor Bastian stated the City's contribution gnidelines do not allow contributions
to fund school districts or other organizations that do not provide City-wide benefit.
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7. 1997 City Council Appointments
a. Manager McGuire introduced the staff report.
b. Mayor Bastian moved to appoint Patrick Kelly of Bannil!an & Kelly as City
Attorney at $80/hr for civil matters and $95/hr for litil!ation.
Seconded by Councilmember Carlson
Ayes - all
c. Mayor Bastian moved to appoint Martin Costello of HUl!hes & Costello as
Prosecutinl! Attorney with a monthly retainer of $4.750 and a monthly expenses cap
of $500.
Seconded by Councilmember Carlson
Ayes - all
d. Mayor Bastian moved to appoint Councilmember Allenspach and City Manal!er
Mike McGuire to represent Maplewood at the Muuicipal Lel!islative Commission.
Seconded by Councilmember Carlson
Ayes - all
e. Mayor Bastian moved to appoint Councilmember Rossbach to represent Maplewood
at the Ramsey County Leal!ue of Local Government. with Councilmember
Allenspach as Alternate.
Seconded by Councilmember Carlson
Ayes - all
f. Mayor Bastian moved to appoint Mayor Bastian to represent Maplewood on the
Cable Commission with Councilmember Carlson as Alternate.
Seconded by Councilmember Carlson
Ayes - all
g. Mayor Bastian moved to appoint Councilmember Allenspach and Councihnember
Rossbach to represent Maplewood at N.E.S.T.
Seconded by Councilmember Carlson
Ayes - all
h. Mayor Bastian moved to appoint Councilmember Koppen and Assistant City
Manal!er Dawson to represent Maplewood at the Suburban Rate Authority.
Seconded by Councilmember Carlson
Ayes - all
i. Mayor Bastian moved to desil!nate the Maplewood Review as the official newspaper
for Maplewood.
Seconded by Councilmember Carlson
Ayes - all
j. Mayor Bastian moved to appoint Councilmember Koppen as Actinl! Mayor.
Seconded by Councilmember Carlson
Ayes - all
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k. Mayor Bastian moved to appoint no one to represent Maplewood at the St. Paul
Water Treatment Plant Advisorv Board as the Board is beinl! dissolved.
Seconded by Councilmember Carlson
Ayes - all
I. Mayor Bastian moved to appoint Councilmember Koppen as Maolewood's
representative to the Suburban Area Chamber of Commerce with Director of
Commuuity Development Coleman as Alternate.
Seconded by Councilmember Carlson
Ayes - all
m. Mayor Bastian moved to appoint Mayor Bastian and the Police Chief to represent
Maplewood at The Partnership.
Seconded by Councilmember Carlson
Ayes - all
n. Mayor Bastian moved to appoint Councilmember Koppen to represent Maplewood
at the Metro East Development Partnership with Director of Commuuity
Development Coleman as Alternate.
Seconded by Councilmember Carlson
Ayes - all
o. Mayor Bastian moved to appoint Councilmember Allenspach and Councihnember
Rossbach to represent Maplewood on the Joint Ice Arena Board.
Seconded by Councilmember Carlson
Ayes - all
p. Mayor Bastian moved to appoint Councilmember Rossbach to represent Maplewood
on the Valley Branch Watershed Technical Advisorv Committee.
Seconded by Councilmember Carlson
Ayes - all
8. Replacement of Make-up Air Handling Units and Upgrade Lighting (1902 E. County Rd.B)
a. Manager McGuire introduced the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the report.
c. Councilmember Rossbach moved to authorize a transfer of $65.000 from the V.E.M.
Fund to the Buildinl! Operations Budl!et 101-115. to cover the expenditure of $50.000
to replace the air recoverv unit and $15.000 to uPl!rade the lil!htinl! in the Public
Works Buildinl! at 1902 East County Road B.
Seconded by Councilmember Koppen
Ayes - all
I. UNFINISHED BUSINESS - CONTINUED
2. Solid Waste Ordinance (Second Reading) (Tabled after 1-1)
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f. Mayor Bastian moved to amend Section 16-2 of the proposed ordinance as follows:
Sec. 16-2. Disposal requirements--Generally: frequency.
Every person, fiFIH llF cllFl'llratillH, shalllel!ally dispose of garbage that
accumulates upon his or her property in the City at least once a week or more
often as directed by the City Manager. Every hlluaellllldeF, firm or corporation.
occupant or owner of any dwelling, boarding house, apartment building, ffillbile
h9me manufactured home, or any other structure in the City, including
churches and halls, shall have garbage and refuse collected by haulers licensed
by the City and shall comply with the provisions of this chapter and with the
dates of collection and requirements therefor as established by the City
Manager.
Seconded by Councilmember Carlson
Ayes - all
g. Councilmember Carlson introduced the followinl! Ordinance as amended and moved
its adoption:
ORDINANCE NO. 771
CHAPTER 16
GARBAGE, REFUSE AND OTHER SOLID WASTES
Art. I. In General, ~~ 16-1--1613
Art. II. Collection Licenses, ~~ 16-26--16-45
Art. III. Disposal Sites, ~~ 16-46--16-55
Art. IV. Recycling and Waste Management, ~~ 16-56--16-58
ARTICLE I. IN GENERAL
Sec. 16-1. Defmitions.
For this chapter, the following terms, phrases and words shall have the meanings respectively
ascribed to them:
Compost:
Compost shall mean lawn and garden waste, such as leaves and grass clippings,
which are allowed to decompose naturally.
Garbage shall mean food waste and household waste materials.
Garbage:
Refuse materials: Refuse shall mean, but not be limited to, vehicle parts, tires, scrap metal,
ashes, grass, weeds and garden waste not being composted, scrap wood, brush, tree trunks,
broken or unused household appliances and furniture, recreational equipment parts, sod,
concrete chunks, blacktop chunks, unused building materials, pails, barrels and similar
materials.
Sec. 16-2. Disposal requirements--Generally: frequency.
Every person shall legally dispose of garbage that accumulates upon his or her property in the
City at least once a week or more often as directed by the City Manager. Every firm or
corporation, occupant or owner of any dwelling, boarding house, apartment building,
manufactured home, or any other structure in the City, including churches and halls, shall have
garbage and refuse collected by haulers licensed by the City and shall comply with the provisions of
this chapter and with the dates of collection and requirements therefor as established by the City
Manager.
Sec. 16-3. Disposal Methods.
(a) Single- and two-family homes shall store all garbage in rodent-proof covered containers
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between weekly collections. On the designated day of collection in their area, they may
place the garbage on the curb in either sealed polyethylene bags of or equivalent to at least
one and one-half millimeter thickness, or in 30- to 90-gallon bins. Instead of this
requirement, special arrangements may be made with the hauler for walk-in service.
(b) Tree limbs and Christmas trees, cut so as not to exceed four (4) inches in diameter and three
(3) feet in length, tied in bundles of no more than eighteen (18) inches in diameter, may also
be placed in the same manner as prescribed in Subsection (a) hereof.
(c) The owners, operators or managers of any building containing more than two (2) dwelling
uuits, or of any firm or corporation where garbage accumulates in excess of four (4) thirty-
to thirty-two-gallon containers per week shall have bin service weekly from a commercial-
type hauler licensed to do business in the City. The bins shall be of a minimum capacity of
one cubic yard, covered, and of an approved sanitary type with the proper attachments for
lifting onto refuse trucks.
(d) Recyclable materials from residential dwellings shall be placed on the curb for collection in
bins, boxes or paper bags.
(e) Yard wastes (leaves, grass clippings, other soft-bodied plant material) to be collected by a
licensed refuse collector shall be placed on the curb for collection in bins or bags as
prescribed in Subsection (a) hereof. Instead of this requirement, special arrangements may
be made with the hauler for walk-in service.
(f) Refuse and waste materials not disposed of through a licensed refuse collector, shall be
taken to disposal site, (such as a landfIll or transfer station) approved by the State of
Minnesota or the appropriate agency in the state to which the waste is delivered.
(g) Home lawn and garden waste may be composted in small quantities on a residential lot as
long as the compost pile does not create a nuisance for neighbors from odor or unsightliness.
Compost piles must be placed at least five feet from rear- and side-yard property lines, and
shall not be placed in a front yard.
Sec. 16-4. Containers and storage of waste materials.
Except on days of collection when garbage may be put on the curb for collection in residential
areas, every person, firm or corporation as a householder, occupant or owner of any dwelling,
boardinghouse, apartment building or any other structure utilized for dwelling purposes, and any
restaurant, firm, corporation or establishment that accumulates garbage in the City, shall provide and
use one or more fly- and water-tight metal or equivalent rodent-proof garbage containers.
State law reference--Unlawful deposit of garbage, litter, etc., M.S. ~ 609.68.
Sec. 16-5 Collection and disposal generally.
(a) All garbage and refuse accumulations in the City shall be collected and conveyed under the
supervision ofthe City Manager. The City Manager shall have the authority to make rules
and regulations concerning days of collection, type and location of waste containers and
other matters as he or she deems necessary: if the rules are not contrary to the provisions of
this chapter.
(b) In all single- and two-family dwellings in the City, it shall be the responsibility ofthe owner
or occupant to contract with the licensed hauler of his or her choice to remove garbage and
refuse.
(c) Fees for hauling garbage, refuse, etc., under this chapter shall be paid directly to the
licensed hauler by the owner, agent, occupant or tenant of the premises at which the
garbage and rubbish is collected, and such fee shall be full compensation for the services.
The collector may refuse to make collections from any premises when the fees are not paid.
Sec. 16-6. Hours of collection.
No collections of garbage or rubbish shall be made, except between the hours of6:00 a.m. and 6:00
p.m., Monday through Saturday.
Sec. 16-7. Uulawful disposal: location of containers for collection: disposal of
inflammable or explosive materials.
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(a) No person in the City shall place any garbage, rubbish or refuse in a street, alley or other
public place, or upon any private property, whether owned by such person or not, except as
provided by this chapter.
(b) No person shall throw or place any garbage or refuse in any stream or other body of water
in the City.
(c) No person shall place any waste material in any street, alley or other public place in the
City.
(d) No person in the City shall store, sweep or deposit any garbage or refuse in such a manner
that it may be carried by elements off his or her property.
(e) No person shall bury or burn any garbage or refuse in the City.
(f) Except as otherwise provided in this article, all metal containers or equivalent, for the
collection of refuse, shall, always, be located behind the rear line of the dwelling, in the
garage or screened from view from the street, and at least ten (10) feet from any abutting
dwelling.
(g) Highly flammable or explosive materials shall not be placed in containers for regular
collection, but shall be disposed of by notifying the fire marshal, who will issue directions for
the disposal of said items at the expense of the owner or possessor thereof.
Sec. 16-8. Unauthorized collections.
Any person, firm or corporation who permits garbage or refuse to be picked up from his or her
premises in the City by an unauthorized or uulicensed collector under the provisions of this chapter
shall be gnilty of a violation of this chapter.
Sec. 16-9. Collection requirements--Generally.
It shall be the duty of every contractor, scavenger and person including his or her agents and
employees, who has contracted or undertaken to remove any garbage, refuse, waste material, or other
fIlthy, offensive or noxious substance, or is engaged in the removal, loading or uuloading of any such
substance in the City, to do the same with dispatch, in a clean manner and with as little danger and
prejudice to life and health as possible.
Sec. 16-10. Same manner of transporting.
All persons, firms, or corporations engaged in the business of recycling or hauling garbage or
refuse in the City shall transport the materials in enclosed vehicles, containers or bins, to prevent
any loss of these materials, and to prevent litter.
Sec. 16-11. Same--Obstructions, delays, interferences.
No person shall obstruct, delay or interfere with any contractor or person engaged in the City
in removing any offal, garbage, refuse, dirt, dead animals, sewage or other like substances, orwith
the proper performance of their contract.
Sec. 16-12. Penalty for violation of article.
Any person, firm or corporation violating any of the provisions ofthis article shall be guilty of
a misdemeanor, and upon conviction, shall be puuished by a fme of not more than seven hundred
dollars ($700.00) or by imprisonment for not more than uinety (90) days, or both. Each day that a
violation continues shall constitute a separate violation. The City also may handle violations of this
article through the administrative offenses section.
Secs. 16-13--16-25. Reserved.
ARTICLE II . COLLECTION LICENSES
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Sec. 16-26. Required.
It shall be uulawful for any person, firm or corporation to collect garbage or refuse in the City
without having first secured from the City Council a license so to do.
Sec. 16-27. Application; fee; duration.
(a) Any person, firm or corporation desiring a license to collect garbage and refuse in the
City shall apply for the same to the clerk. The application shall set forth and require:
(1) The name and address of the applicant.
(2) An attestation that the applicant will follow a long-range plan of disposal in
conformity with Minnesota Pollution Control Agency regulations.
(3) The applicant to use tandem axles or flotation tires to reduce the per axle
weights of all trucks used for collection of solid waste.
(4) The applicant to provide maps of service routes configured so that customers on
load-sensitive streets will be among the first served on such routes.
(5) The applicant to provide collection carts or bins to customers upon their
request.
(6) The applicant to provide collection of yard waste to customers upon their
request.
(7) The applicant to provide special or extraordinary collection services within
twenty-four (24) hours of a customer's request.
(8) The applicant to provide special service collection arrangements for customers
to accommodate their physical health concerns.
(9) The applicant to indicate whether it will collect from commercial accounts,
residential accounts, or both commercial and residential accounts.
(10) The applicant to provide information that may be required of the City by
county, metropolitan, state, or federal governments.
(b) Said application described in Subsection (a) of this section shall be submitted to the City
Manager, or his or her duly authorized representative; upon fmding that the applicant is
responsible, has proper equipment for such collection and that no nuisance is liable to be
created by the granting of said license, the City Manager shall endorse and approve the
application.
(c) Before any license may be issued, the applicant shall pay to the clerk a license fee
imposed, set, established and fixed by the City Council, by resolution, from time to time,
which fee shall accompany the application.
(d) No license issued under this article shall be for a longer period than one year, and all
licenses shall expire on December thirty-first of each year.
Sec. 16-28. Insurance.
(a) The applicant shall provide a certificate of public liability insurance in the following
amounts for collecting garbage and refuse; If, such insurance policy shall be subject to
the approval ofthe City Manager; and the applicant must also provide a comprehensive
general policy or liability insurance with the minimum coverages as stated.
At a minimum, conform to Ramsey County requirements below:
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a. General Liability
500,000 Bodily Injury (per occurrence)
250,000 Property Damage
b. Auto Liability
500,000 Property Damage
250,000 Bodily Injury (per person)
500,000 Bodily Injury (per occurrence)
Sec. 16-29. Garbage trucks.
or 500,000 Combined Single Limit
or 500,000 Combined Single Limit
Each garbage and refuse collector licensed under this article shall provide a covered tank or
wagon, so constructed that the contents will not leak or spill from it, in which all garbage and refuse
collected shall be conveyed to an approved disposal facility. The truck or conveyance used shall be
kept clean and as free from offensive odors as possible, and shall not be allowed to stand in any
street, alley or public place longer than is reasonably necessary to collect garbage and refuse.
Sec. 16-30. Pickup schedules.
Each licensee under this article shall consent to and follow a schedule of pickups, setting the
day and area of pickups, as established by the City Manager, to limit area pickups to the same day
per week each week.
Sec. 16-31. Duty oflicensees to report accumulations of garbage or refuse.
Each hauler licensed under this article shall report any accumulations of garbage or refuse
that violates this Code or other ordinances ofthe City to the City Manager or the City Manager's
designee.
Sec. 16-32. Suspension and revocation.
(a) Failure by a licensee under this article to comply with this chapter shall be grounds for
revocation of the license by the City Council after a hearing for said purpose.
(b) In the event the City Manager fmds violations of this chapter by a licensee under this
article, and he or she orders corrections of same, which licensee fails to make, the City
Manager may suspend the licensee's right to operate under the terms of the license and
order this appearance at the next regular meeting of the City Council for a hearing
whether or not said suspension should continue in effect.
Sec. 16-33. Volume-based rates.
Each garbage hauler licensed under this section shall provide to its residential customers a
system of volume-based rates. A volume-based rate includes a solid waste collection charge and a
disposal charge based on the volume of the solid waste. There shall be a minimum of three (3)
categories for the volume of garbage and for the rate of collection, the least amount of volume for
which shall be thirty (30) gallons. That part of the price for service based on the disposal charge
shall be proportionately different for the three volumes of waste collection service. Further, each
hauler shall provide services for amounts less than thirty (30) gallons at a price below what it
charges for collection and disposal services for thirty-gallon volumes. Each licensed refuse collector
shall fIle all residential customer rates effective for the following year with the City Clerk. The
fIling shall be on a form approved by the City and shall be amended by the licensee from time to
time as the rates are changed. The amended fIling shall be within two weeks of any change.
Secs. 16-34--16-45. Reserved.
ARTICLE III. DISPOSAL SITES
Sec. 16-46. Uulawful deposit of garbage, etc.
No manure, garbage, offal or any vegetable or animal matter, or odorous substance, which
may be detrimental to health, shall be dumped at any place within the limits of the City.
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Sec. 16-47. Applicability of article.
No dump for garbage, refuse materials and other solid waste shall be operated within the City
by any person, or as a public dump operated by the City.
ARTICLE IV. RECYCLING AND WASTE MANAGEMENT
Sec. 16-56. Purpose.
The City's goal is to improve waste management and to serve the following purposes:
(1) Reduction in waste generated.
(2) Separation and recovery of materials and energy from waste.
(3) Reduction in indiscriminate dependence on disposal of waste.
(4) Coordination of solid waste management among political subdivisions.
Sec. 16-57. Program.
The City has established and developed a local recycling program throughout the City. The
City's goal is to promote public education and solid waste reduction and recycling.
Sec. 16-58. Rates and charges.
The following rates and charges are hereby established for public education on solid waste
reduction and recycling:
(1) Residential. The residential rate shall be three dollars and sixty cents ($3.60) per unit per
quarter.
(2) There shall be added to all statements not paid by the date due a delinquency charge of
ten (10) percent of the amount due; provided, however, that the City Manager may
adjust the delinquency charge based upon a customer's circumstances such that the
amount billed could not be paid by the date due. This authority granted to the City
Manager will apply to all accounts that have delinquencies that occur after January 1,
1996.
Section 2. This ordinance shall take effect after its approval and publication.
Seconded by Mayor Bastian
Ayes - all
K. VISITOR PRESENTATIONS
1. Kevin Berglund - 1929 Kingston
a. Mr. Berglund commented on various items of concern.
2. Bob Zick, 5158 Granada
a. Mr. Zick commented on various items of concern.
L. COUNCIL PRESENTATIONS
1. Mayor's Update
a. Mayor Bastian informed Council of announcements of upcoming meetings.
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M. ADMINISTRATIVE PRESENTATIONS
1. 40th Anniversary Update
a. City Manager McGuire provided an update regarding the 40th Anuiversary
celebration plans.
N. ADJOURNMENT
9:35 P.M.
Karen Guilfoile, City Clerk
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