HomeMy WebLinkAbout04-09-2001MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, Apri19, 2001
Council Chambers, Municipal Building
Meeting No. 01-08
A.
B.
C.
D.
E.
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 Cardinal.
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 approve the minutes of Meeting No. 01-07 (March 26. 2001) as
presented.
Seconded by Councilmember Koppen Ayes -all
Councilmember Allenspach moved to approve the minutes of CounciUManager Worksho~(March 26.
2001) as presented.
Seconded by Councilmember Koppen Ayes -all
APPROVAL OF AGENDA:
Councilmember Collins moved to approve the Agenda as amended:
M1. Isaiah M6. Police -Overnight Parking
M2. Waste Haulers M7. Proposed Parking Ordinance
M3. Bruentrup Farm M8. Visitor Presentations
M4. Open Space M9. City Roads
M5. Website N1. Park Commission Reappointments
Seconded by Councilmember Koppen Ayes -all
F. APPOINTMENTS/PRESENTATIONS:
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1. Police Civil Service Commission Appointment
City Manager Fursman recommended that the Police Civil Service Commission appointments be
tabled until such time as the Police Civil Service Commission has an opportunity to interview
candidates and that candidates that were unable to come before the city council have another
opportunity to interview at the May 14th meeting.
Councilmember Collins moved to table the Police Civil Service Commission appointments until
the May 14, 2001 council meeting.
Seconded by Councilmember Koppen Ayes -all
G.
CONSENT AGENDA:
Councilmember Koppen moved to approve the Consent Agenda as presented.
Seconded by Councilmember Allenspach Ayes -all
1. Approval of Claims
Approved claims.
ACCOUNTS
PAYABLE
$4,594.03 Checks #53583 thru #53585 dated 3/20 thru 3/21/01
$56,223.78 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
$356,469.86 Total Payroll
$959.845.37 GRAND TOTAL
2. Budget Changes for Wage Increases
Approved the appropriate budget changes to finance the wage increases for the four bargaining
units that total $250,860.
3. Conditional Use Permit Review -Maplewood Fire Station Number 2 (1955 Clarence Street)
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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 center on the
southwest corner of English Street and Gervais Avenue and will review again in one 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 $124,650.79
7. Temporary Beer and Carnival License -Church of the Presentation of the Blessed Virgin Mary
Approved a carnival license and a temporary beer license for the Church of the Presentation of
the Blessed Virgin Mary, 1725 Kennard Street, for an event they are having on May 5th and 6th,
2001.
8. Resolution -Building Quality Communities
Approved the following resolution to participate in a public education campaign by the League
of Minnesota Cities called Building Quality Communities to enhance the perception of
Minnesota cities and increase citizen trust and participation in their local government:
RESOLUTION O1-04-031
BUILDING QUALITY COMMUNITIES
WHEREAS, the top values and priorities of citizens include safety, family, job opportunities,
health, the well-being of children, and recreational opportunities; and
WHEREAS, many of the services cities provide directly enhance those citizen priorities; and
WHEREAS, the connection between city services and how they benefit citizen priorities and
concerns is not always understood by citizens; and
WHEREAS, it is one of the responsibilities of city officials to ensure legislators, media and
citizens understand their governments through open and frequent communication using various
avenues and means; and
WHEREAS, it is important to encourage citizens to actively participate in city government, to
share their views, and to work in partnership with city officials to ensure that the needs of the
community are met; and
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WHEREAS, partnerships developed between citizens and city officials can result in greater
understanding of the connection between Minnesotans high quality of life and the services
provided by Minnesota cities, as well as in greater trust by citizens in the efforts of their city
government;
NOW THEREFORE BE IT RESOLVED that the City of Maplewood hereby declares its
commitmentto join in the "Minnesota Cities: Building Quality Communities" statewide
educational effort in cooperation with our fellow members of the League of Minnesota Cities.
We hereby designate Richard Fursman as the City of Maplewoodns 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 owners control.
10. Approval of Plans and Specifications -Edgerton Park
Approved plans and authorized staff to bid the Edgerton Park 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 Society to sell doughnuts and
beverages at the Spring Clean Up Day on April 28, 2001 and 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 for a public hearing.
b. City Manager Fursman introduced the staff report.
a Community Development Director Coleman presented the specifics of the report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Kathleen Juenemann, 721 Mt. Vernon Avenue East, Maplewood
Julie Teslaa, of Larkin, Hoffman, Daly & Lindgren, Ltd. representing Voice Stream
Mayor Cardinal closed the public hearing.
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:
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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 finds that these regulations are
necessary to:
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.
Ensure the operators and owners of antennas and towers design, locate and construct antennas and
towers that meet all applicable code requirements to avoid ~veid 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.
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) Parking lots may be used to locate towers txexepeles where the structure
replicates, incorporates or substantially blends with the overall lighting standards
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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 ''~-,.w.......*, °~'~~~', ~'~~~~~'~ 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:
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
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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 covenantor 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 amisdemeanor.
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:
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(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 sane 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
c. City-owned propertygovernment, 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.
a 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~. The applicant shall demonstrate by providing acoverage/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 systerH, 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.
4S. If no existing structure that meets the height requirements for the antennas is available for
mounting the antennas, such antennas maybe 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) feetfrom the nearest residential structure. , ~~~'~°° ° ~~~,.va .a °*~~~~~~°' ~~~~~~~ °''°"
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5~. The height of a tower maybe increased to a maximum of one hundred twenty five (125) eng
'~~~~) 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. -axetker
,...~~
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 eq~ment 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 existing 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 property 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 ci , 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 ground
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 eq~ment 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 ofthe tower.
12. The existing on-site vegetation shall be preserved to the maximum practicable extent.
13. The community design review board (CDRB) shall make recommendations on the plans for
towers, utility, eq~ment or accessory buildings, site plans and proposed screening 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).
Section 36-607. Construction Requirements, Setback and Height Restrictions in Zoning Districts or
Locations Other Than Residential.
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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 x3et~epele not to exceed one
hundred seventy-five (175) feet in height. The pole or tower shall be setback at least the
height of the Hole or tower pale 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 landscaping. ~~ ....... w..:'a:..,.,. °~a °~*~'°~a°~°~~~~-
(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 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.
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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.
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,
light pole, power line support device or similar structure.
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 ci , 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 ground equipment and accessory
structures at least ten (10) feet from side and rear property lines.
The owner or operator of a tower shall screen ground-mounted eq~ment from view by
suitable vegetation, except where a design of nonvegetative screening better reflects and
complements the character of the surrounding neighborhood.
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.
The existing on-site vegetation shall be preserved to the maximum practicable extent.
The community design review board (CDRB) shall make recommendations on the plans
for towers, utility, equ~ment or accessory buildings, site plans and proposed screening
and landscaping.
Section 36-608. Lights S• inns 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.
For towers in parking lots, lights associated with the parking lot lighting.
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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 signage, advertising or identification of any kind visible from the ground 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 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 approve a request ~epes~ for a new personal wireless service tower ~
he-mewed 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:
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 r•^~ ~°~:a°^*~^' a:°*~~^* °~*°° *'~° 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.
~~.,....a ..~~
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.
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2. The applicant shall demonstrate that the proposed facility is necessary to fill a significant
existing~p in users coverage or to accommodate system capacity needs. This
documentation shall include:
a. Coverage maps of all the applicants 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 aohievin~ 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 egUlpment 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 aY a reasonable
cost, as certified b~qualified radio frequency engineer:
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 food-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 by a
qualified radio frequency engineer to determine the need for the proposed tower.
5. Materials or documentation demonstrating to the city that the applicant has made a food
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 applicants 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
seven , -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 aocept
antennas mounted at varying heights and to accommodate the eq~ment and other needs
4-09-01 13
of future users.
7. Photo-illustrations orsimilar-styled artists 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.
Describes the towers capacity, including the number and type of antennas that it can
hold.
d. Includes an engineers stamp and registration number, if applicable.
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.
4-09-01 14
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
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
language 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:
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.
~ Where feasible, all new storm water detention ponds shall be designed and
constructed to meet the Nationwide Urban Runoff Program (NURP) design
criteria of removing at least sixt~(60) percent of the phosphorous. The engineer
or designer may use the Walker pondnet model or the Pitt pond model when
designing storm water ponds (as noted by the Minnesota Pollution Control
Agency (MPCA) ProtecrinQ Water Quality in Urban Areas manual). The
applicant or applicants engineer shall provide the city engineer with the
necessary calculations to veri ,the pond design.
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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
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
Association:
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:
The Council makes the following findings:
a) Richard Fursman is the City Manager of the City of Maplewood, Minnesota.
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.
f) 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.
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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.
Boardmember Matt Ledvina presented the Community Design Review Board report.
d. The following persons addressed the council:
Gary Colby, Menards, 4777 Menard Drive, Eau Claire, Wisconsin
Will Rossbach, City of Maplewood Planning Commissioner
Kathleen Juenemann, 721 Mt. Vernon Avenue East, Maplewood
Councilmember 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 subject 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
•?~Ienardss••sign on the north side of the building.
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 abrown-tone color as a contrast to
the building color and arock-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
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 holidaX
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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
neutered.
Seconded by Councilmember Collins Ayes -all
Gladstone West Neighborhood Streets, Project 00-05
a. Approve Plans and Advertise for Bids
b. Order Preparation of Assessment Roll
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
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:
Such plans and specifications, acopy 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
Construcrion Bullerin 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.
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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, Project 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
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:
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
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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
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
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 won4 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 am. 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 lotto give the police department
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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 Apri128, 2001 from
8:00 am. 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.
N. ADMINISTRATIVE PRESENTATIONS
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 Qualley. 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 9:10 P.M.
Seconded by Councilmember Wasiluk Ayes -all
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Karen E. Guilfoile, City Clerk
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