Loading...
HomeMy WebLinkAbout01-25-2010 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,January 25, 2010 Council Chambers, City Hall Meeting No.03-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Kathleen Juenemann, CouncilmemberPresent James Llanas, CouncilmemberPresent John Nephew, CouncilmemberPresent Julie Wasiluk, CouncilmemberPresentand seated after being sworn in to the temporary council seat D.APPROVAL OF AGENDA The following items were added or removedfrom the agenda. 1.City Manager, James Antonen requested toremoveG9Request Approval of 2010 Animal Control Contract until the next council meeting. 2.N1. Fifth grade class–Mayor Rossbach 3.N2. Maplewood In The News–Councilmember Llanas 4.N3. Homeless Issues–Councilmember Llanas Councilmember Nephewmoved to approve the agenda as amended. Seconded by Councilmember Juenemann.Ayes –All The motion passed. E.APPROVAL OF MINUTES Approval of January 4, 2010, Special Meeting Minutes Councilmember Juenemannmoved approval of the January 4, 2010,Special Meeting Minutes as submitted. Seconded by CouncilmemberNephew.Ayes –All The motion passed. January 25, 2010 1 City Council MeetingMinutes Approval of January 11, 2010, Council Manager Workshop Minutes CouncilmemberNephewmoved approval of the January 11, 2010, Council Manager Workshop Minutesas submitted. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. Approval of January 11, 2010, City Council Meeting Minutes Councilmember Nephew had corrections to the January 11, 2010,City Council Meeting Minutes which he emailedto staff:onpacket page 10 of 184, item number 2 should say Workshop Minutes for approval rather thanthe Council MeetingMinutes. Move thesentence thatstated Councilmember Nephew hadcorrections tothe next paragraph as corrections to the December 14, 2009, City Council Meeting Minutes. On page 13 of 184, Councilmember Nephew recommended that the summarized text of the Wetland Ordinance that went to publication should be included in the minuts. On page 5 of 21,remove the sentence Talk to Shann.On packet page 16 of 184,under Auditor Contract,Mayor Rossbachshould be noted as the Alternate. On page 9 of 21,for the BEDC, the Staff Liaison,Mike Martinshould be listed. Councilmember Juenemann had a correction to packet page 17 of 184, under the Environmental rd Monday & Natural Resources Commission;it should say the commission now meets the (3of the Month). Councilmember Juenemannmoved to approve the January 11, 2010, City Council Meeting Minutes as amended. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. Approval of January 12, 2010,Council Manager Workshop Minutes Councilmember Nephewmoved to approve the January 12, 2010, Council Manager Workshop Minutes as submitted. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. January 25, 2010 2 City Council MeetingMinutes Approval of January 14, 2010, Council Manager Workshop Minutes Councilmember Juenemann had a correction on page 1, item E1.13. ,Mr. Hesley’s address should be North St. Paul. Councilmember Nephewmoved to approve the January 14, 2010, Council Manager Workshop Minutesas amended. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Appointment Of Vacated Council Seat and Swearing In Ceremony a.City Clerk, Citizen Services Director, Karen Guilfoile gave the report. Mayor Rossbach moved to ratify and appoint Julie Wasiluk to serve asthe temporary council memberuntil the Special Election is held in conjunction with the State Primary and the votes are canvassedand the elected councilmember is sworn in. Seconded by Councilmember Juenemann.Ayes –All The motion passed. City Clerk, Citizen Services Director, Karen Guilfoile swore Julie Wasiluk in to serve as the new temporary councilmember.Councilmember Wasiluk took her position to serve on the council. 2.Appointments To Business And Economic Development Commission (Item F2. Was heardafter New Business,before agenda item K1. Visitor Presentations) a.Assistant City Manager, Public Works Director, Chuck Ahl gave a report. Councilmember Juenemann moved to table this item until after New Business. Seconded by Councilmember Nephew.Ayes –All The motion passed. Councilmember Nephew moved to approve the resolution appointing Citizen Representatives and Small Business Representatives as follows. RESOLUTION10-01-323 BE IT RESOLVED THAT THE CITYCOUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have submitted applications and have interviewed with the Maplewood City Council, to serve on the Maplewood Area Business and Economic Development Commission: As Citizen Representatives: January 25, 2010 3 City Council MeetingMinutes th - Laurie Van Dalen, with a term to expire on September 30, 2011 th - Beth Ulrich, with a term to expire on September 30, 2012 th - David Sherrill, with a term to expire on September 30, 2013 th - Shelly Strauss, with a term to expire on September 30, 2013 As Small Business Representatives th - David Hesley, with a term to expire on September 30, 2012 th - Marvin Koppen, with a term to expire on September 30, 2011 th - Mark Jenkins, with a term to expire on September 30, 2013 Seconded by Councilmember Juenemann.Ayes –All The motion passed. G.CONSENT AGENDA tabling9to the 1.CouncilmemberJuenemann moved to approve items1-8 and 10 and G next city council meeting . Seconded by CouncilmemberNephew.Ayes –All The motion passed. 1.Approval of Claims CouncilmemberJuenemannmoved Approval of Claims. ACCOUNTS PAYABLE: $671,059.94Checks # 80265thru # 80367 $ 86,088.39Disbursements via debits to checking account Dated 01/04/10 thru 01/07/10 $148,508.66Checks # 80368thru # 80422 Dated 01/11/10 thru 01/19/10 $ 380,188.04Disbursements via debits to checking account Dated 01/08/10 thru 01/14/10 __________________ $ 1,285,845.03Total Accounts Payable PAYROLL $496,570.00Payroll Checks and Direct Deposits dated 01/18/10 January 25, 2010 4 City Council MeetingMinutes $ 2,229.75Payroll Deduction check #1008426thru #1008427 dated 01/08/10 ___________________ $498,799.75Total Payroll GRAND TOTAL $ 1,784,644.78 Seconded by CouncilmemberNephew.Ayes –All The motion passed. 2.Conditional Use Permit Review, Menards 2280 Maplewood Drive Councilmember Juenemannmoved toapprove the CUP for Menards at 2280 Maplewood Drive. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 3.Resolution Accepting Donation To The Fire Department From Residential Mortgage Group CouncilmemberJuenemannmoved toapprove the resolution accepting the donation to the Fire department from Residential Mortgage Group. RESOLUTION10-01-324AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHOIRIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Residential Mortgage Group (RMG) wishes to grant the city of Maplewood the following: $100, and; WHEREAS, Residential Mortgage Group has instructed that the City will be required to use the aforementioned for: use by the fire department todirectly improve the community where the donator will be living, and; WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agree that it will accept the gift by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership on January 25, 2010. Signed:Signed:Witnessed: ___________________________________________________________________________ (Signature)(Signature)(Signature) January 25, 2010 5 City Council MeetingMinutes Mayor____ Chief of Fire City Clerk . (Title)(Title)(Title) ___________________________________________________________________________ (Date)(Date)(Date) Seconded by CouncilmemberNephew.Ayes –All The motion passed. 4.Conditional Use Permit Review, Feed Products North Office Building, West of 1300 McKnight Road. CouncilmemberJuenemannmoved to approve the CUP for Feed Products North Office building, westof 1300 McKnight Road. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 5.Temporary Gambling Permit and Request for Temporary Permit Fees to be Waived – Carver School. CouncilmemberJuenemannmoved to approve the Temporary Gambling Permit and Request For Temporary Permit Fees to be Waived –Carver School. RESOLUTION 10-01-325 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Carver Elementary School, 2680 Upper Afton Road, Maplewood. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, beit further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 6.Approval of 2010 Contract BetweenCity of Maplewood and Financial Concepts, Inc. (FCI) CouncilmemberJuenemannmoved to approve the 2010 Contract between City of Maplewood and Financial Concepts, Inc. (FCI). Seconded by CouncilmemberNephew.Ayes –All January 25, 2010 6 City Council MeetingMinutes The motion passed. 7.Approval of 2010 Pay Rates for Temporary/Seasonal, Casual Part-Time and Paid-Per-Call Employees Councilmember Juenemannmoved to approve the 2010 Pay Rates for Temporary/Seasonal, Casual Part-Time and Paid-Per-Call Employees. RESOLUTION 10-01-326 WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time (14 hours or fewer/wk) and paid-per-call employees effective January 1, 2010,upon Council approval. Accountant$10.00-30.00per hour Accounting Technician$9.00-22.00per hour Administrative Assistant$9.00-23.00per hour Background Investigator$25.00-35.00per hour Building Inspector$14.00-35.00per hour Building Attendant$7.25-15.00per hour Customer Service Assistant$7.25-15.00per hour CSO$8.00-16.00per hour Data Entry Operator$8.00-12.00per hour Election Judge$7.25-12.00per hour Election Judge -Assistant Chair$9.00-15.00 per hour Election Precinct Chair$9.00-16.00per hour Engineering Aide$7.00-16.00per hour Engineering Technician$10.00-16.00per hour Fire Department Custodian$600-690per quarter Firefighter—Paid-Per-Call$9.55, $11.95, $16.73per run $18.00per drill Firefighter—Paid-Per-Call –Paramedic Call Pay$33.45per run Intern$7.25-20.00per hour IT Technician$15.00-20.00per hour Laborer$7.25-14.00per hour Lifeguard$7.25-14.00per hour Manager-on-Duty Differential$1.00per hour Office Specialist$8.50-18.00per hour Paramedic$17.00-22.00per hour Receptionist$8.00-16.00per hour Recreation Instructor/Leader$7.25-32.00per hour Recreation Official$7.25-30.00per hour Recreation Worker$7.25-18.00per hour Theater Technician$20.00-30.00per hour Vehicle Technician$9.00-15.00per hour Video Coordinator*$11.00-19.00per hour Video Technician*$10.00-18.00per hour Water Safety Instructor (WSI)$7.50-16.00per hour January 25, 2010 7 City Council MeetingMinutes WSI & Head Lifeguard Differential$1.00per hour (Lifeguards or WSIs working as Head Lifeguards; Lifeguards working as WSIs) *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 8.White Bear Avenue Improvements, City Project 08-13, Granting Permanent Highway Easement To Ramsey County Councilmember Juenemannmoved to approve the White Bear Avenue Improvements, City Project 08-13, Granting Permanent Highway Easement to Ramsey County. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 9.Request Approval of 2010 Animal Control Contract tablet CouncilmemberJuenemannmoved to he Approval of 2010 Animal Control Contractuntil the next city council meeting. Seconded by CouncilmemberNephew.Ayes –All table The motion to passed. 10.Resolution Establishing Depository Services Account For Ambulance Activity Councilmember Juenemannmoved to approve the resolution establishing depository services account for ambulance activity. DEPOSITORY SERVICES RESOLUTION 10-01-327 January 25, 2010 8 City Council MeetingMinutes FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME:City of Maplewood CONTACT: Robert Mittet ADDRESS:1830 County Road B East Maplewood, MN 55109 TAX IDENTIFICATION NUMBER:41-6008920 KarenGuilfoileCity Clerk I,(name of certifying officer)do hereby certify that I am the Maplewood (title City of certifying officer) of the above-named governmental entity (therein called the “Depositor”) a Minnesota existing under the laws of the State of and that the following is a true, complete and correct 5th copy of resolutions adopted at a meeting of the Depositor duly and properly called and held on the 2 January10 dayof , 20; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED , that U.S. Bank National Association is hereby designated as a depository of the Depositor withauthority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorse; and that any officer of the Depositor is hereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED , that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of facsimile or mechanical signature or otherwise authorized, by any one of the individual listed in the section entitled “Authorized Signers”, and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person for application, or which are actually applied to the payment of any such indebtedness awing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the depositor from timeto time. RESOLVEDCity Clerk , that the Maplewood (identify certifying officer by title)hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss ordamage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. RESOLVED , That these resolutions shall continue inforce until express written notice of their rescission or modification has been furnished to and received by the Bank; and January 25, 2010 9 City Council MeetingMinutes RESOLVED , That any and all transactions by or on behalf of the Depositor with the Bank [prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adoptthe foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled “Authorized Signers”. I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. Account Number: ______________________________ Authorized Signers NameTitleSignatures Will RossbachMayor James W. AntonenCity Manager Robert A MittetFinance Director __________________________________________ __________________________________________ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this 25thJanuary10. day of , 20 ____________________________________ __________________________________________ (Certifying Officer) (Title) ____________________________________ __________________________________________ (Attest by one other officer) (Title) Seconded by CouncilmemberNephew.Ayes –All The motion passed. H.PUBLIC HEARING 1.Hills and Dales Area Street Improvements, City Project 09-15 a.Public Hearing 7:00 p.m. b.Resolution Ordering Improvement After Public Hearing (4 Votes) i.City Engineer, Deputy Public Works Director, Michael Thompson gave the presentation and answered questions of the council. January 25, 2010 10 City Council MeetingMinutes ii.Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. Mayor Rossbach opened up the public hearing. 1.Gerald Hanggl, 2126 Atlantic Street, Maplewood. 2.Henry Schette, 1224 Junction Avenue, Maplewood. 3.Richard Peterson, 2178 Ripley Avenue, Maplewood. 4.Gary Hunt, 1981 Duluth Street, Maplewood. 5.Jerry Hanson, 1783 Howard Street, Maplewood. 6.John Vruno, 1222 Shryer Avenue, Maplewood. 7.Rich Kasprzak, 2128 Chambers Street, Maplewood. 8.Linda Hale, 2022 Chambers Street North, Maplewood. 9.Nancy Rogers, 1759 Howard Street North, Maplewood. 10.Jerry Markie, Maplewood. 11.Faye Peterson,Maplewood. 12.Mr. Decker, Maplewood. 13.Bob Johnson, 1268 Leland Road, Maplewood Mayor Rossbach closed the public hearing. CouncilmemberWasilukmoved to approve the resolution ordering the improvement for the Hills and Dales Area Street Improvements, City Project 09-15. RESOLUTION 10-01-328 ORDERING IMPROVEMENT WHEREAS, a resolution of the city council adopted the11th day of January, 2010, fixed a date for a council hearing on the proposed street improvements for the Hills and Dales Area Street Improvements, City Project 09-15. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on January 25, 2010, and the council has heard all persons desiring to be heard on the matter and has fullyconsidered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1.That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Hills and Dales Area Street Improvements, City Project 09-15. 2.Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of January, 2010. 3.The city engineer is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement as previously directed by the city council at the January 11, 2010,council meeting. 4.The finance director was authorized to make the financial transfers necessary to implement the financing plan for the project by the city council at the January 11, 2010,council meeting. A project budget of $7,836,087 was established. The approved financing plan is as follows: January 25, 2010 11 City Council MeetingMinutes Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. The council took a 10-minute break at 8:30 p.m. The council reconvened at 8:40 p.m. 2.Consider Adoption Of The Sign Ordinance –(Second Reading) a.Environmental Planner, Shann Finwall gave the report and answered questions of the council. b.City Attorney, Alan Kantrud answered questions of the council. Mayor Rossbach opened the public hearing. 1.George Rossbach, 1406 County Road C East, Maplewood. 2.John Wykoff, 2345 Maryland Avenue East, Maplewood. 3.Diana Longrie, 1321 Frost Avenue, Maplewood. 4.Patrick Ruble, Representing SPAAR. 5.Mark Bradley, 2164 Woodlynn Avenue, Maplewood. Mayor Rossbach moved to approve the second reading of the sign ordinance, including the proposed off-site nonprofit business sign languageand corrections to off-site real estate directional and open house signs as outlined by staff. Seconded by Councilmember Juenemann. The council discussed the sign ordinance. Councilmember Wasiluk stated she would support the sign ordinance being reviewed by the city’s new business and economic development commission. Councilmember Nephew requested adding a safety requirement for temporary window signs to ensure no temporary window signs were installed within the line of site for a cashier or clerk. January 25, 2010 12 City Council MeetingMinutes Mayor Rossbach indicated he is not supportive of that amendment, but would like to consider leaving the regulations for temporary window signs and temporary banners as they currently are, and adopting the remaining portions of the sign ordinance. He indicated that the business and economic development commission could review those two areas of the sign ordinance since most concerns regarding the new sign ordinance had to do with those two regulations. Councilmember Nephew made a friendly amendment to amend the main motion to keep the temporary window and temporary banner sign regulations as they currently are, until such time as the business and economic development commission can further review those regulations. accepted Mayor Rossbach the friendly amendment. denied Councilmember Juenemann the friendly amendment. The motion failed for lack of second. Councilmember Nephew moved to amend the main motion. Seconded by Councilmember Llanas.Ayes –Mayor Rossbach, Councilmembers Llanas, Nephew & Wasiluk Nay –Councilmember Juenemann The motion passed. Councilmember Nephew moved to approve the second reading of the sign ordinance,including the proposed off-site nonprofit business sign language and corrections to off-site real estate directional and open house signs as outlined by staff; but leaving the regulations for temporary window and temporary banner signs as they currently are, until such time as the business and economic development commission can further reviewthose regulations. Seconded by Councilmember Llanas.Ayes –Mayor Rossbach, Councilmembers Llanas & Nephew Nays –Councilmembers Juenemann & Wasiluk The motion passed. ORDINANCE NO. 896 AN ORDINANCE AMENDING THE MAPLEWOOD SIGN REGULATIONS Changes requested during the January 25, 2010, city council meeting are highlighted. The Maplewood city council approves the following changes to the Maplewood Code of Ordinances: January 25, 2010 13 City Council MeetingMinutes This amendment revises Article III (Sign Regulations), except for regulations pertaining to temporary window and banner signs, which will be regulated according to the city’s previous sign ordinance and has been updated in this ordinance. Section 1. Purpose and Intent The purpose of this ordinance is to establish a comprehensive and impartial system of sign regulations that balances the needs for effective visual communication including business identification and the needs for a safe, well-maintained, and attractive community. It is intended through the provisions contained herein to: (a) Promote signs which by their design and dimensions are integrated and harmonized with the surrounding environment and the buildings and sites they occupy. (b) Protect the public from damage or injury caused by signs that are poorly designed or maintained and from signs that cause distractions or hazards to motorists and pedestrians using the public streets, sidewalks, and public right-of-way. (c) Avoid excessive signage in order to give each business or use optimum visibility to passer-by traffic and prevent cluttering of the streetscape. (d) Allow noncommercial copy to be substituted for commercial copy on any lawful sign structure. Section 2. Comprehensive Sign and Mural Plans A comprehensive sign plan shall be provided for the following: (a) Business premises with five (5) or more tenants on the premise and all multiple-story buildings with two (2) or more tenants in the building. (b) Dynamic display wall signs(also refer to Section 13 –Dynamic Display Signs). (c) Large campuses consisting of buildings and land of ten (10) or more acres. (d) Shared signs. (e) All developments approved as a planned unit development. (f) Murals on business premises. (g) Temporary sports facility sponsorship signs(also refer to Section 12 –Signs in Park Designated Land Use in the Maplewood Comprehensive Plan). Such a plan, which shall include the location, size, height, color, lighting and orientation of all signs and/or murals, shall be submitted for preliminaryplan approval by the city. Exceptions to the sign ordinance of this article may be permitted for sign areas, densities, and dynamic display changeover rates for the plan as a whole if the signs are in conformity with the intent of this article, results in an improved relationship between the various parts of the plan, and encourages and promotes the removal of nonconforming signs through the use of shared signs. In addition, murals must be tasteful, in keeping with the business premise and surrounding properties, and not contain any defamatory, obscene, treasonous expressions or opinions, including graffiti. Comprehensive sign plans shall be reviewed by the community design review board. The applicant, staff, and city council may appeal the community design review board’s decision. An appeal shall be presented to the administrator within fifteen (15)days of the community design review board’s decision to be considered by the city council. January 25, 2010 14 City Council MeetingMinutes Section 3. Definitions Administrator.The director of community development or other person charged with the administration and enforcement of this ordinance. Advertising Balloon. Any inflatable temporary sign. Alteration. Any major alteration to a sign, but shall not include routine maintenance, paintingor change of the sign face of an existing sign. Awning. A covering attached on the facade of a building which projects typically over a door, window, or sidewalk. Awning Sign. A sign affixed flat to the surface of an awning which does not extend vertically or horizontally beyond the limits of such awning. Banner Sign. A temporary sign that is made of flexible material, contains a message, and is not inflatable. Billboard. A sign which advertises a product, event, person, institution, activity, business, service or subject not located on the premises on which said sign is located. This definition shall not include an off- site real estate sign. Changeable Copy Message Board. A sign or portion of a sign which is characterized by interchangeable letters and figures. This definition shall not include dynamic display signs. Collector Streets. As defined in the city’s comprehensive plan these are roadways designed to carry traffic between the arterial system and the local system, convey intra-community trafficbetween neighborhoods, business centers, industries, parks and the like, and provide direct access to abutting properties. Construction Sign. A temporary sign erected on the premises prior to or during construction, indicating the names ofthe architects, engineers, landscape architects, contractors or similar artisans, and/or the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project. Directional Information Sign. A sign, generally informational, that has a purpose secondary to the use of the property upon which it is located, intended to facilitate the movement of pedestrians and vehicles within the site and identify the location and nature of a buildingnot readily visible from the street. District. The land use or zoning districts as designated on an officialland use or zoningmap of the city and described in the district regulations. Dwelling Unit. Any structure or portion of a structure that is designated as short-term or long-term living quarters, including motel units, hotel units, or cabins. Dynamic Display Sign. Any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle movement are exempt from this ordinance. Flags.Any device generally made of flexible materials, such as cloth, and displayed on strings containing distinctive colors, patterns, or symbols used as a symbol of government, political subdivision, or other entity. January 25, 2010 15 City Council MeetingMinutes Flashing Sign. An illuminated sign which contains flashing lights or exhibits with noticeable changes in light intensity. Freestanding Sign. A sign that is attached to, erected on, or supported by an architecturally-planned structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. This definition includes pylon signs and monument signs. Garage Sale Sign. A sign that advertises the sale of personal property from a person's home. This definition includes, but is not limited to, yard-sale, craft, boutique and estate-sale signs. Gas Station Canopy Sign. A sign affixed to the canopy of a gas station pump island which may or may not be attached to the principal building. Graffiti. Unauthorized markings of paint, dye, or other similar substance that have been placed on real or personal property such as buildings, fences, transportation equipment, or other structures, or the unauthorized etching or scratching of the surfaces of such real or personal property, any of which markings, scratching, or etchings are visible from premises open to the public. Ground Grade. The elevation of the ground closest to the sign to which reference is made. Illuminated Sign. A sign that is illuminated internally by a light source inside the sign or externally by means of external light fixtures directed at the sign. Local Streets. As defined in the city’s comprehensive plan these are roadways that serve short trips at low speeds. Menu Board. An outdoor sign which lists available menu offerings for drive-through customers at a retail establishment which includes a permitted drive-through component, for the purpose of enabling customers to order from the menu and where the advertising or promotional component of the sign is secondary. Minor Alteration. A change of sign copy, sign face, sign color, or modifications or repairs to an existing sign that are cosmetic in nature or include a replacement of parts. Expansion of an existing sign does not constitute a minor alteration. Minor Arterial. As defined in the city’s comprehensive plan these are roadways that connect sub-regions that are the closest routes parallel to the principal arterials and supplement and provide relief for traffic to the principal arterial. Monument Sign. A sign not supported by exposed posts or poles located directly at the gradewhere the width dimension of the architecturally designed base is fifty (50)percent or more of the greatest width of the sign face. Multiple Tenant Building. A commercial building containing two (2) or more tenants. Mural. A design, image, or expression on the exterior of a building, generally for the purpose of decoration or artistic expression, including, but not limited to paintings, markings, and etchings and does not include any on or off-site advertisement. Noncommercial Opinion Signs. A sign that expresses an opinion or point of view that does not advertise any product, service, or business, or display a commercial message, excluding political campaign signs. Nonconforming Sign. A sign lawfully erected and maintained prior to the adoption of this ordinance that does not conform to the requirements of this ordinance. January 25, 2010 16 City Council MeetingMinutes On-Site Real Estate Sign. A sign advertising the sale, lease, or rental of real estate upon which the sign is located. Off-Site Directional and Open House Real Estate Sign. A sign located within the public right-of-way that advertises the sale, lease, or rental of real estateor the open house for such real estate located off the premises where the sign is located. Off-Site Real Estate Sign. A sign advertising the sale, lease, or rental of real estatefor single or multiple- family housing developments located off the premises where the sign is located. Painted Wall Sign. A sign painted or administered through adhesive tape directly on the exterior wall of a building or structure,excluding murals. Principal Arterial. As defined in the city’s comprehensive plan these are roadways designed to carry the highest volume of traffic, allow the highest speeds, are for the longest trips, and provide sub-regional, regional, and inter-community access. Principal Use. The main purpose for which land, buildings, or structures are ordinarily used. Professional Occupation Sign. A sign which contains no advertising but is limited to the name, address, telephone number, and occupation of the person carrying on a permitted home occupation out of residential use. Property Frontage. The property lines or lease lines at the front of a building in which the business is located or the location of the main public entrance of the building. Political Campaign Sign. A temporary sign promoting the candidacy of a person running for a governmental office or promoting a position or an issue to be voted on at a governmental election. Portable Sign. A sign constructed to be movable from one location to another and not permanently attached to the ground or to any immobile structure or any device whose primary function during a specific time is to serve as a sign. Public Service Sign. Any sign primarily intended to promote items of general interest to the community. Project Sign. A temporary sign which identifies a proposed or new development. Projecting Sign. A sign, other than a wall sign, which is supported and projects from more than eighteen (18) inches at a right angle from the wall of a building. Pylon Sign. A sign that is mounted on a narrow freestanding pole or other support structure so that the bottom edge of the sign face is six (6) feet above the architecturally designed base. Residential Use Building. Any dwelling, boarding,lodging or rooming house, dormitory unit, fraternity, or sorority house. Roof Line. The uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height of said facade. Roof Sign. A sign erected upon the roof of a building or extending above the roof line of the building to which it is attached, and which is wholly or partially supported by said building. Sign. Any structure, device, advertisement, advertising device, or visual representation intended to advertise,identify, or communicate information and to attract the attention of the public for any purpose. A sign includes any illuminated or non-illuminated symbol, letter, logo, figure, illustration or form painted or otherwise affixed to a building or structure, excluding murals. A sign also includes any beacon or searchlight intended to attract the attention of the public for any purpose. For the purpose of removal, January 25, 2010 17 City Council MeetingMinutes signs shall also include all sign structures. Architectural lighting, such as neon that has no sign copy, shall not be considered to be a sign. Sign Area. The entire area within a continuous perimeter enclosing the extreme limits of the sign message and background. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, uprights, or structures in which any sign is supported shall not be included in determining the sign area. Sign Face.The surface of the sign including letters and background upon, against, or through which the message is displayed or illustrated. Sign Structure. The supports, braces, and framework of a sign. Street Frontage. The linear frontage of a parcel of property abutting a street. Special Event Sign. A temporary sign or display erected by a civic organization, religious organization, or other non-profit organization or group for the purpose of identifying a non-commercial, one-time, or annual special event. Temporary Displays. Temporary displays or features that do not clearly fall into the definition of a sign, but which direct attention to a product, place, activity, business, person, institution, or organization. Temporary displays include three-dimensional shapes, inflatable objects, search lights, and other similar devices. Temporary or Seasonal Sign. A sign for a specific advertisement purpose that is of a limited duration and is not permanently attached to the ground or wall. Wall Sign.A flatsign which does not project more than eighteen (18) inches from the face or wall of the building upon which it is attached, running parallelfor its whole length to the face or wall of the building, and which does not extend beyond the horizontal width ofsuch building. Window Sign. A sign painted on a window or placed inside the building to be viewed through the glass by public. This does not include merchandise on display. Window. Any transparent or translucent glass or similar material that comprises part of the surface of a wall, regardless of its movability. Entire walls of transparent or translucent glass or similar material are excluded from this definition. Window Sign. A sign painted on a window or placed inside the building to be viewed through a window by the public. This does not include merchandise on display in a window, seasonal displays of holiday pictures, decals, lights, and decorations that do not contain a commercial message or signs which are legally required to be posted. Wall Surface of Building.The total horizontal surface area of the building face to which the sign is attached, including windows and door areas, measured to the extreme outer limits of such wall surface. Section 4. Sign Area and Height Computation (a) Where the sign is a separate panel, structure, or other material forming a single display, the area of the message display face shall constitute the area of the sign. The supports, uprights, bases, or structures on which any sign is supported shallnot count towards the sign area unless the supports, uprights, bases, or structures are an integral part of the sign display. (b) Where the sign is designed with more than one (1) exterior sign face, the sign area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. January 25, 2010 18 City Council MeetingMinutes (c) Where the sign consists of any combination of individual letters, panels, numbers, figures, illustrations, or of a line or lines, to form a display or sign, the area of the sign shall be computed using the outside dimensions of the various words, figures, and illustrations composing the entire sign. (d) The sign coverage area includes the area of the message display face and the frame,background, and supports for a sign. (e) The height of a sign shall bemeasuredby the vertical distance from the ground grade to the top of a sign. Section 5. Nonconforming Signs (a) Nonconforming Permanent Signs.Nonconforming permanent signs lawfully existing on the effective date of this ordinance shall be allowed to continue in use, but shall not be rebuilt, relocated or altered, other than minor alterations includingroutine maintenance, painting, or refacing the copy of sign, without being brought into compliance with this ordinance. After a nonconforming sign has been removed, it shall not be replaced by another nonconforming sign. (b) Nonconforming Temporary Signs.Nonconforming temporary signs existing on the effective date of this ordinance shall be brought into compliance or removed within sixty (60) days from the effective date of the ordinance. Section 6. Enforcement Procedures (a) Permanent Signs.The city shall send anotice to the owner of any permanent sign in violation of the provisions of this ordinance. The notice shall require that the owner correct all ordinanceviolations. If the sign is not a safety hazard, the city shall allow thirty (30) days for the owner to correct the violation. If the sign is a safety hazard the city shall take immediateaction to end the hazard. (b) Temporary Signs.The city shall send anotice to the owner of all other illegal temporary signs and allow seven (7) days for the owner to correct all ordinanceviolations or remove the sign. (c) Removal of Signs.If the sign owner does not obey the city’s orders, the city may remove or alter the sign at the owner’s expense under the procedures of Sections18-36 through 18-38 (Notice to Abate). The city may remove illegal signs on a public right-of-way without notice.If the city removes a sign the city may sell or dispose of it if the owner does not reclaim the sign and pay any removal costs within thirty (30) days of the sign’s removal. Section 7. Prohibited Signs (a) Signs or sign structures attached or supported on balconies, fences, or other non-permanent structures. (b) Signs attached or supported on a permanently parked vehicle or semi-trailersintended to advertise a business, product, or service. Not including signs painted directly on a parked vehicle or semi-trailer used in the business or facility or on site for business purposes. (c) Signs on rocks, trees, or other natural features or public utility poles. (d) Permanent or temporarysigns that have blinking, flashing, fluttering lights, or make noise. (e) Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or opening intended to provide ingress or egress for any building structures. January 25, 2010 19 City Council MeetingMinutes (f) Signs that by reason of location, color,or intensity create a hazard to the safe, efficient movement of vehicles or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls such as "stop," "caution," "warning," etc., unless such sign is intended to direct traffic on the premises. (g) Painted wall signs. (h) Roof signs. (i) Signs that advertise a product or service not sold on the property, except for billboards or other off- site signs where specifically permitted in this ordinance. (j) Signs having features or incorporating parts of any sign prohibited in this ordinance. Section 8. Signs Exempt from Regulations in this Ordinance (a) Any public notice or warning sign required to be maintained or posted by law or governmental order, rule, or regulation. (b) Flags andemblems of a political, civic, religious, or other non-commercial nature. Flags that do not meet these requirements will be considered banners and be regulated as such. (c)Any sign inside a building, not attached to an exterior window, not legible from a distance of more than ten (10) feet. (d) Traffic control signs, as defined by state law. (e) Memorial plaques, cornerstones, historical tablets, and the like. (f) Seasonal displays of holiday lights and decorations that do not contain a commercial message. Section 9. Sign Permits If a sign requires a permit the property owner shall secure the sign permit prior to the construction or major alterationof such a sign. No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is in compliance with the requirements of this ordinance. (a) Application The application for permission to erect or alter any such sign shall be in writing, using a current Sign Permit Application, and signed by the owner or occupant of the building. The application shall specify the location, height, dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attachedand total square footage of the building. Applications shall be accompanied by a sketch of the sign and any other facts the city requires for full information of the nature and safety of the proposal.An electrical permit is also required for all signs containing electrical wiring. (b) Appeals When a permit under this ordinanceis denied, the administrator shall give notice to the applicant within thirty (30)days of denial, together with reasons for denial. Appeals from the decisions of the administrator under the provisions of this ordinance shall be made to the city council. Denial shall be based on noncompliance with this ordinance. (c) Fees January 25, 2010 20 City Council MeetingMinutes The city council shall set all sign permit fees annually. (d) Time Limits (1) A sign permit shall become null and void if the work for which the permit was issued has not been completed within one (1) year of theissuance or renewal. (2) All permits for the erection or alteration ofsigns shall be issued for the useful life of the sign. Minor alterations to an existing sign including routine maintenance, painting, or refacing the copy do not require a new sign permit. Section 10. General Regulations and Standards All signs shall be constructed in a manner and of such materials that they shall be safe and substantial and in compliance with the buildingordinance.In addition, all signs containing electrical wiring shall be subject to the provisions of the current state electrical ordinance. (a) Maintenance All signs in the city, together with all of their supports, braces, and anchors, shall be keptin repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary,and inoffensive condition, and free and clear of all obnoxious substances, rubbish,and weeds. (b) Attachment to Buildings All signs attached to a building shall not obstruct any fire escape, exit, standpipe, or any window required for light or ventilation. The signs shall be placed flat against the building and project nofurther than eighteen (18) inches from the building except where specifically allowed in this ordinance. (c) Freestanding Sign Placement All signs not attached to anybuilding or structure shall maintain at least a ten (10) foot setback from any lot line and shall not be placed in a public right-of-way unless specifically stated otherwise in this ordinance. No such sign shall project over a property line or a public right-of-way, except where allowed in this ordinance,and all required clearances from overhead power and service lines must be maintained. Signs placed near the corner of two intersecting streets shall comply with clear sight triangle requirements (refer to Article VII, Section 32-246 through 32-251-Sight Obstructions at Intersections). (d) Illumination All illuminated signs must be in compliance with the city’soutdoor lighting requirements in Section 44-20. In addition, illumination for all signs shall be constant and steady.See also Section 7.d. (Prohibited Signs). (e) Licensing All contractors installing permanent or temporary portable sign must first obtain a contractor’s license prior to issuance of a sign permit or installation of a permanent or temporary portable sign as defined in the city contractor and subcontractor ordinance (Article VI). Section 11. Special Purpose and Temporary Signs Permitted in All Zoning Districts January 25, 2010 21 City Council MeetingMinutes All signs listed below do not require a sign permit and shall not count towards the building or property maximum signage allowed unless otherwise noted: (a) Construction Signs One (1) construction sign is permitted just prior to or during construction of a development. Each construction sign shall not exceeda ratio of one(1) square foot of sign area for each one thousand (1,000)square feet of lot area. In no case shall the area of the sign exceedsixty-four(64) square feet andten (10) feet in height. The sign shall be removed after major construction has finished. (b) On-SiteDirectional Information Signs On-site directional information signs not exceedingsix (6) square feetand six (6)feet in height are permitted for all types of property except single and double-dwelling lots. (c) Off-Site Directional Signs for Nonprofit or Civic Businesses Off-site directional signs for legally recognized nonprofit businesses (e.g. 501.c3 designated businesses) as well as civic organizations (i.e. churches, parks, nature centers, historic sites, and nursing homes) are allowed in the public right-of-way. Said sign is limited to four (4) square feet in area with a maximum of three (3) signs per nonprofit or civic business. The location and design of off-site directional signs must be approved by the city priorto installation. (d) Garage Sale Signs Garage sale signs not exceeding three (3) square feetand three (3) feet in height are permitted on private property or in the public right-of-way. No part of such sign shall be closer than five (5) feet tothe street pavement or one (1)footto a sidewalk or trail.Said sign shall not be located between the street and a sidewalk or trail. All signs shall display the actual dates of the sale and may be erected one (1) day prior to the sale and must be removed within one(1) day after the sale. (e) Menu Boards Menu boards shall not exceed sixty-four (64) square feetandsix (6) feet in height. Menu boards shall not be located as to impair the vision of the driver of a vehicle traveling into, out of, orthrough the drive through isle. (f) No Trespassing Signs Signs not exceeding nine (9) square feet, located upon private property,and directed towards the prevention of trespassing. (g) On-Site Real Estate Signs (1) For single and double dwellinglots, one (1) on-site real estate sign not exceedingnine (9) square feet is permitted for each street upon which the property has frontage. (2) For all other types of property, one (1)on-site real estate sign is permitted for each street upon which the property has frontage. Each sign shall not exceed a ratio of one (1) square foot of sign area for each one thousand (1,000)square feet of lot area. In no case shall the area of any one sign exceed sixty-four (64) square feet or ten (10) feet in height. (3)All real estate signs shall pertain to the sale, lease, or rental of the property only and must be removed within seven (7) calendar days of the close of the property or when ninety (90) percent or more of the dwelling units on the property havebeen sold, leased, or rented. January 25, 2010 22 City Council MeetingMinutes (h) Off-Site Directional or Open House Real Estate Signs Off-site directional or open house real estate signsnot exceeding three (3) square feetand three (3) feet in height may be placed on the public right-of-way. Nopart of such sign shall be closer than five (5) feet to the street pavement or one (1) foot to a sidewalk or trail. Said sign shall not be placed between the street and a sidewalk or trail. Off-site directional signs may be placed in the public right-of-way for thirty (30) days per real estate listing and must include the name, address, and telephone number of the person responsible for the sign and the date the sign was installed in the right-of-way. Open house real estate signs may be placed in the public right-of-way on the day of the open house only. (i) Off-Site Real Estate Signs Off-site real estate signs exceeding three (3) square feet may be placed on private property. Such signs require a permit, shall not be located in the public right-of-way, and the sign owner/installer must supply written permission to the city from the property owner on which property the sign is installed. Each development is limited to one such sign. The maximum area of any such sign shall be sixty-four (64) square feet and the maximum height shall be six (6) feet. The sign must be removed when at least ninety (90) percent of the dwelling units approved by the city have been sold or rented. (j) Noncommercial Opinion Signs (1) For all types of property, one sign that expresses an opinion or a viewpoint of a non-commercial nature is allowed in addition to permanent signs as specified in Section 12 (Permitted Signs in Land Use and Zoning Districts). The noncommercial opinion sign shall not be illuminated or exceed sixteen (16) square feet and six (6) feet in height. For multiple-unit developments, the sign must be attached to the dwelling unit or placed in alocation thatclearly indicates ownership anddoes not represent the opinions of other residents in thearea who have not agreed to the sign. (k) Political Campaign Signs (1) For local regularelections and referendums, political campaign signs may be posted from August 1 until ten (10) days following said election or referendum. (2) For local special elections and referendums, political campaign signs may be posted from date of filing until ten (10) days following said special election or referendum. (3) Unsuccessful primary candidates must remove their signs within ten (10) days after any given primary. (4) Political campaign signs shall not exceed sixteen (16) square feet and six (6) feet in height. (5) The number of political campaign signs on one property during an election season is limited to one (1) per candidate and one (1) per opinion/ballotissue. (6)All political campaign signs shall be setback at least five (5) feet from the edge of the nearest street and at least one (1) foot from any sidewalk or trail. Said signs shall not be placed between a January 25, 2010 23 City Council MeetingMinutes street and a sidewalk or trail or at any other location that obstructs driver or pedestrian visibility. The consent of the underlying property owner, if the underlying land is a public right-of-way, or the property owner fronting the proposed location, must be obtained before placement of suchsign. In addition, political campaign signs are prohibited on obviously public property and utility poles. (7) In a state general election year, the size, number, and duration of political campaign sign displays shall comply with the provisions of Minnesota Statute 211.B.045, and nothing in this ordinanceshall be construed as applicable except location restrictions. (l) Project Signs One (1) project sign is permitted per property just prior to or during construction. Each project sign shall not exceed a ratio of one (1) square foot of sign area for each one thousand (1,000)square feet of lot area. In no case shall the area of the sign exceed sixty-four (64) square feet and ten (10) feet in height. The sign shall be removed after major constructionhas finished.Project signs may be utilized to advertise property for lease or sale just prior to construction, but must be used in lieu of a separate real estate sign. (m) Temporary Signs and Displays Under Twelve (12) Square Feet One (1) non-illuminated temporary sign or display under twelve (12)square feet is allowed per property (except for single and double dwelling properties)for a period not to exceed thirty (30) days total per sign. For commercial buildings with multiple occupants, each separate tenant ispermitted one(1) such sign. No more than three (3) temporary signs under twelve (12)square feet shall be allowed at a property at anyone time. (n) Banners Banners may be used as temporary signage and are not required to have a permit unless used for more than thirty (30) days. Banners shall not exceed one hundred fifty (150) square feet in area or twenty (20) percent of the wall area, whichever is greater. There shall be no more than one (1) banner at any business location. Each tenant space at a shopping center shall count as a separate business location. The city council may approve exceptions to this section if the applicant can show there are unusual circumstances with the request. The council may attach conditions to their approval to assure that the sign will be compatible with surrounding properties. (o) Window Signs Window signsmay be used as temporary signage, not exceeding 75 percent of the window area. Section 12. Permitted Signs in Land Use and Zoning Districts Signs in Park Designated Land Use in the Maplewood Comprehensive Plan (a) Temporary sports facility sponsorship signs subject to the following required standards: January 25, 2010 24 City Council MeetingMinutes (1) Approval of a comprehensive sign plan (also refer to Section 2 –Comprehensive Sign and Mural Plans). (2) The Maplewood recreation department will regulate all temporary sponsorship signs. (3) Sponsorships collected for such signs will be used to help fund recreational facilities within the park in which they are installed. (4) Signs can be placed at baseball and softball fields, and shall be located on the outfield fences or the scoreboard, or both. Such signsshall be oriented toward the field of play. Number and size of signs dependent on approved comprehensive sign plan. (5) Signs can be placed at hockey rinks, and shall be located on the interior sides of the hockey boards. Number and size of signs dependent on approved comprehensive sign plan. (6) Signs are allowed to be installed for a period of one (1) year during the baseball, softball, or hockey season. (7) Each sign shall provide identifying information for the sponsor such as name, address, telephone number, or logo; any product advertising shall be incidental and secondary to sponsor identification. (8) Such signs shall not be illuminated except by the regular sports facility lighting during hours of use. (9) Such signs shall be maintained in good condition. (b) Park identification signs subject to the following required standards: (1) Wall Signs. One park or park building identification wall sign up to twenty-four (24) square feet per street frontage shall be allowed for each park building. The sign may be affixed to the wall of the building or an overhanging canopy or awning. (2) Monument Signs. One park identification monument sign up to thirty-two (32) square feet per street frontage shall be allowed to identify each park. Said sign shall be a maximum of six (6) feet in height. The sign shall be designed to be architecturally compatible with thepark structures and buildings with the base of the sign consisting of colors and materials compatible to the structures or buildings. (3) Special Event Banners. Special event banners may be displayed for in parks for special events sponsored or approved by the city. No more than three (3) banners may be displayed per park at any one time. Each banner shall not exceed sixty-four (64) square feet.Banners shall be designed to be professional looking and prevented from becoming torn or weathered. Signsin Residential Zoning Districts (Districts R-1, R-1R, R-S, R-E, R-2, R-3and all subsequent Residential Zoning Districts Adopted after the Date of this Ordinance) All signs require a sign permit unless otherwise noted. (a) Professional Occupation Signs One professional occupationsign of not more than two (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. (b) Wall Signs January 25, 2010 25 City Council MeetingMinutes One (1) wall sign up to twenty-four (24) square feet per street frontage shall be allowed for residential subdivisions and multiple-unit developments and for all legal non-residential usesexcluding home occupation businesses. The sign may be affixed to the wall of the main building or an overhanging canopy or awning. (c) Monument Signs One monument sign up to thirty-two (32) square feet per street frontage shall be allowed by sign permit for residential subdivisions and multiple-unit developments and for all legal non-residential uses excluding home occupation businesses. Said sign shall be a maximum of six (6) feet in height. The sign shall be designed to be architecturally compatible with the building or project with the base of the sign consisting of colors and materials compatible to the building or project. (d) Changeable Copy Message Boards Changeable copy message boards are permitted as part of a permanent freestanding monument sign or wall sign for all legal non-residential uses excluding home occupation businesses. The message board shall not comprisemore thanseventy (70)percent of the total square footage of said sign. (e) Temporary Banners Temporary banners may be displayed without a permit for residential subdivisions and multiple-unit developments and for all legal non-residential uses excluding home occupation businesses for a period not to exceed sixty (60) days per year, per property. No more than one (1) banner may be displayed per property at any one time. Each banner shall not exceed thirty-two (32) square feet and must be attached to a buildingor other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. (e) Temporary Signs and Displays Over Twelve (12) Square Feet One temporary sign or display over twelve (12) square feetis permitted by sign permitfor up to thirty (30) days per year, per property. However, the permit fee shall not be charged for temporary signs and displayserected by civic organizations, religious organizations, or other non-profit organizations or groups for the purpose of identifying a non-commercial,one-time,or annual special event. In no case shall the area of the sign exceed thirty-two (32) square feet or the height of the sign exceeds eight (8) square feet.The time period may be extended to sixty (60) days during the first year of operation of a new business and ninety (90) days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. Signs In the LBC (Limited Business Commercial), CO (Commercial Office), and NC (Neighborhood Commercial) Zoning Districts All signs require a sign permit unless otherwise noted. (a) Professional Occupation Signs One (1) professional occupationsign of not more than two (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. (b) Wall Signs (1)For each occupant of a building, one (1) wall sign is allowed for each street upon which the propertyhas frontage. The total number of wall signs may be increased by one (1) for each clearly differentiated department of a business or enterprise. January 25, 2010 26 City Council MeetingMinutes (2) The total area of any one (1) wall sign shall not cover more than twenty (20) percentof the wall surface to which the sign is attachedor thirty-two (32) square feet, whichever is greater. As an alternative, a wall sign may be placed on an overhanging awning or canopy as long as the wall sign does not exceed fifty (50) percentof the face of the awning or canopy, or thirty-two (32) square feet, whichever is less. (3) For multiple tenant buildings, the wall surface for each tenant or user shall include only the surface area of the exterior facade of the premises occupied by such tenant or user. (c) Freestanding Signs One freestanding sign up to sixty-four (64) square feet and ten (10) feet in height is permitted for each street upon which the building has frontage. For buildings with multiple street frontages,each additional freestanding sign must be located on a different street and each said sign must be separated by more than one hundred (100) feet measured in a straight line between the signs. The sign shall be designed to be architecturally compatible with the building or project with the base of the sign consisting of colors andmaterials compatible to the building or project. The area around the base of the sign shall also be landscaped including the bottom of a pylon sign. (d) Changeable Copy Message Boards Changeable copy message boards are permitted as part of a permanent freestanding sign or wall sign but are limited to comprising no morethanseventy (70)percent of the total square footage of said sign. (e) Temporary Banners (1) For single tenant buildings, temporary banners may be displayed without a sign permit fora period not to exceed sixty(60) days totalper year, per property.No more than one (1) banner may be displayed per property at any one time, except for multiple-tenant buildings (see below). (2) For multiple-tenant buildings, each separate tenant may display temporary banners without a sign permit for a period not to exceed sixty (60) days total per year, per property. No more than one (1) banner may be displayed per separate tenant at any one time. (3) Each banner shall not exceed thirty-two (32)square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. (f) Temporary Window Signs Temporary window signs are allowed without a permit. Temporary window signs shall be neatly painted or attached to the surface of a window, but shall cover no more than fifty (50) percent of the total area of the window. (e) Temporary Signs and Displays Over Twelve (12) Square Feet One temporary sign or display over twelve (12) square feet is permitted for up to thirty (30) days per year, per business. However, the permit fee shall not be charged for temporary signs and displays erected by civic organizations, religious organizations, or other non-profit organizations or groups for the purpose of identifying a non-commercial,one-time,or annual special event.In no case shall more than one temporary sign or display be displayed per property at any one time. The sign or display shall not exceed thirty-two (32) square feet or eight (8) feet in height. The time period may be extended to sixty (60) days during the first year of operation of a new business and ninety (90) days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. January 25, 2010 27 City Council MeetingMinutes Signs in the BC (Business Commercial), BC-M (Business Commercial Modified), M-1 (Light Manufacturing), and M-2 (Heavy Manufacturing) Zoning Districts All signs require a permit unless otherwise noted. (a) Professional Occupation Signs One professional occupationsign of not more than two (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. (b) Wall Signs (1) For each occupant of a building, one (1) wall sign is allowed for each street upon which the propertyhas frontage. The total number of wall signs may be increased by one for each clearly differentiated department of a business or enterprise. (2) The total size of all wall signagefor single-tenant buildings isdetermined by the gross square footage of the principal structure on the property.The total coverage area of each wall sign, including each differentiatedbusiness,shall be based on the wall surface to which the signis attached. (3) The following table indicates maximum signage permittedfor single-tenant buildings: PrincipalStructure Gross Maximum Size and Coverage Square Feetof Floor AreaArea of Each Sign Less than 10,000 sq. ft80 sq. ft. or 20% of wall face, whichever is less 10,000 to 20,000 sq. ft.100 sq. ft. or 20% of wall face, whichever is less 20,000 to 100,000 sq. ft.150 sq. ft. or 15% of wall face, whichever is less Greater than 100,000 sq. ft.200 sq. ft. or 10% of wall face, whichever is less (4) The total coverage area of each wall sign for multiple-tenant buildings is ten (10) percent of the surface area of the exterior façade of the premises occupied by such tenant, or thirty-two (32)square feet, whichever is more. (5) Awall sign may be attached to an overhanging awning or canopy, instead of the façade of the building, as long as the wall sign does not exceed fifty (50) percentof the face of the awning or canopy, or the maximum size specified above, whichever is less. (c) Gas Station Canopies Gas stations are allowed one(1) additional wall sign that may be attached to the façade of the building or the overhanging canopy above the pump island. The wall sign on the canopy shall not exceed fifty (50) percent of the face of the canopy, or the maximum size specified above, whichever is less. (d) Freestanding Signs (1) One (1) freestanding sign is permitted for each street upon which the propertyhas frontage. For propertieswith multiple street frontages, each additional freestanding sign must be located on a different street and each sign must be separated by more than one-hundred (100) feet measured in a straight line between signs, excluding auto dealerships. January 25, 2010 28 City Council MeetingMinutes (2) The total size and maximum height of each freestanding sign is determined by the street classification (as designated in the Maplewood comprehensive plan) of the closest street to which each freestanding sign is located.In the case of signs located at an intersection, the higher ranking street classification should be used to determine the maximum height and size allowable for a freestanding sign. Businesses that are located on a frontage road designed to provide safe access to minor arterials and principalarterials shall be permitted to erect a freestanding sign up to the determined maximum height and size allowable for a freestanding sign on said minor arterial or principal arterial road to which it is adjacent. (3) The following table lists the maximum size and heights permitted for freestanding signs: Classification of Street Maximum Sign Maximum Height of Maximum Heightof Abutting PropertySize (sq. ft.)Pylon Sign (feet)Monument Sign (feet) PrincipalArterial1802512 Minor Arterial1402012 Collector Street1001510 Local Street801210 (4) The freestandingsign shall be designed to be architecturally compatible with the building or project, with the base of the sign, including pylon sign poles, consisting of materials and colors compatible to the building or project. (e) Changeable Copy Message Boards Changeable copy message boards are permitted as part of a permanent freestanding sign or wall sign but are limited to comprising no morethan seventy (70)percent of the total square footage of said sign. (f) Auto Dealerships Auto dealerships may have one (1) freestanding sign identifying the dealership, plus one(1) freestanding sign advertising each car franchise. The maximum sign area and height for the freestanding signs shall be determined by the classification of the abutting roads, as specified above.More than one (1) freestanding sign may be allowed per street frontage provided said signs are separated by more than one hundred fifty (150)feet measured in a straight line between the signs. (g) On-Site Dynamic Display Signs (refer to Section 13 –Dynamic Display Signs). (h) Billboards (1) Off-premise billboards shall only be permitted with a conditional use permit and may only be located adjacent to a principal arterial street in the SC (shopping center), BC (business commercial), M-1(light manufacturing), and M-2(heavy manufacturing)districts. (2)Spacing.No billboard sign shall be located within two thousand, three hundred (2,300) feet to another billboard on the same side of the street, within one hundred (100) feet to a commercial, industrial, institutional building, or an on-premises sign,and within two hundred and fifty (250)feet to a residential district or eight hundred (800)feet to a residence. Billboards shall maintain a setback of fifty (50) feet from any property line, five hundred (500) feet to a local park, and three hundred (300) feet from the nearest intersecting street corner of two public roads. (3)Size.The maximum area of the sign face of a billboard shall not exceed four hundred fifty (450) square feet, including border and trim, but excluding base, apron supports,and other structural January 25, 2010 29 City Council MeetingMinutes members. The said maximum size limitation shall apply to each side of a sign structure. Signs may be placed back-to-back or in a V-type arrangement if there are no more than two (2) sign faces, provided that the open end separation shall not exceed fifteen (15) feet. A billboard may only display one message at a time on any sign face. The maximum height for billboards shall be thirty-five (35) feet. (4) Off-site dynamic display signs (refer to Section 13 -Dynamic Display Signs). (i) Temporary Banners (1) For single tenant buildings, temporary banners may be displayed without a sign permit for a period not to exceedsixty (60) days totalper year, per property.No more than one (1) banner may be displayed per property at any one time, except for multiple-tenant buildings (see below). (2) For multiple tenant buildings, each separate tenant may display temporary banners without a sign permit for a period not to exceed sixty (60) days total per year, per property. No more than one (1) banner may be displayed per separate tenant at any one time. (3) Each banner shall not exceed sixty-four (64) square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. (j) Temporary Window Signs Temporary window signs are allowed without a permit. Temporary window signs shall be neatly painted or attached to the surface of a window, but shall cover no more than fifty (50) percent of the total area of the window. (i) Temporary Signs and Displays Over Twelve (12) Square Feet One temporary sign or display over twelve (12) square feet is permitted for up to thirty (30) days per year, per business each calendar year by sign permit. However, the permit fee shall not be charged for temporary signs and displayserected by civic organizations, religious organizations, or other non-profit organizations or groups for the purpose of identifying a non-commercial one-time or annual special event.The time period may be extended to sixty (60) days during the first year of operation of a new business and ninety (90) days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. In no case shall more than one temporary sign or display be displayed per property at any one time. The sign or display shall not exceed sixty-four (64) square feet or eight (8) feet in height. Signs in the Mixed-Use (M-U) Zoning District All signs require a permit unless otherwise noted. (a) Sign Review The community design review board shall review all signage on new buildings or developments to ensure that the signs meet mixed-use sign requirements and are architecturally compatible with the new building or development. In addition, the community design review board shall review all comprehensive sign plans as required in Section 2 (Comprehensive Sign Plan). January 25, 2010 30 City Council MeetingMinutes All signage on mixed-use buildings or developments (buildings or developments previously approved and built with mixed-use design standards) shall be reviewed by the director of community development and shall be done in a manner that is compatible with the original scale, massing, detailing and materials of the original building. All signage on non-mixed-use buildings or developments (buildings or developments not built with mixed-use design standards) shall be reviewed by the director of community development and shall comply with the mixed-use sign requirements, unless classified as a pre-existing nonconforming sign in which case it shall comply with Section 44-12 (nonconforming buildings or uses). (b) Projecting Signs Projecting signs are allowed as part of the overall signage. Projecting signs may not extend more than four (4) feet over a public right-of-way and a private road or sidewalk, and must not project out further than the sign’s height. (c) Overall Wall Signs Allowable area of overall wall and projecting signage for each establishment is one and one-half (1 ½) square feet of signage per lineal foot of building or frontage on a road, public open space or private parking area, or thirty-two (32) square feet, whichever is greater. Each wall shall be calculated individually and sign area may not be transferred to another side of the building. Minor motor vehicle stations with canopies are allowed to place signage on the canopy and the building as long as they do not exceed the requirements above. Wall and projecting signs shall not cover windows or architectural trim and detail. (d) Freestanding Signs One (1) freestanding sign for each establishment is allowed if the building is set back at least twenty (20) feet or more from the front property line. Freestanding signs must meet the following requirements: (1) Limited to six (6) feet in height and forty (40) square feet. January 25, 2010 31 City Council MeetingMinutes (2) Maintain a five (5) foot setback from any side or rear property line, but can be constructedup to the front property line. (3) Must consist of a base constructed of materials and design features similar to those of the front façade of the building or development. (4) Must be landscaped with flowers or shrubbery. Section 13. Dynamic Display Signs (a) Findings. Studies show that there is a correlation between dynamic displaysonsigns and the distraction of highway drivers. Distraction of drivers can lead to traffic accidents. Drivers canbe distracted not only by a changing message,but also by knowing that the sign has a changingmessage. In such a case, drivers may watch a sign waiting for the next change to occur.Drivers alsoare distracted by messages that do not tell the full story in one look. People have a natural desire tosee the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers could be more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally moredistracted by messages that are toosmall to be clearly seen or that contain more than a simple message. Due tothese public safety concerns, the city should only allow theuse of these technologies with certain restrictions. The restrictions are intended tominimize driver distraction, to minimize their proliferation in residential districts wheresigns can adversely impact residential character, and to protect the public health, safety, and welfare. Local spacing requirements could interfere with theequal opportunity of sign owners to use such technologies and are not included. Without those requirements, however, there is the potentialfor numerous dynamic displays to exist along any roadway. If more than one dynamic displaycan be seen from a givenlocation on a road, the minimum display time becomes critical. If thedisplay time is too short, a driver could be subjected to a view that appears to have constantmovement. This impact on drivers would be compounded in a traffic corridor with multiple signs. Ifdynamic displays become pervasive and there are no meaningful limitations on each sign’sability to change frequently, drivers may be subjected to an unsafe degree of distraction andsensory overload. Therefore, requiring a limit on display timeson dynamic signs is in the public interest. A constant message is typically needed on an on-sitesign so that the public can use it to identifyand find an intended destination. Changing messages detract from this way-finding purpose andcould adversely affect driving conduct through last-second lane changes, stops, or turns, all of whichcould result in traffic accidents. In conclusion, the City of Maplewood finds that dynamic displays should be allowed on offand on-site signs but withsignificant controls to minimize their proliferation and their potential threats to public health, safety, and welfare. (b) Noncommercial dynamic display signs are allowed wherever commercial dynamic display signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this ordinance. (c) Standards for all dynamic display signs: January 25, 2010 32 City Council MeetingMinutes (1)The images and messages displayed on the sign must be complete in themselves, without continuation in content to the next image or message or to any other sign; (2)Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35to 44 miles per hour, twelve (12)inches on a road with a speed limit of 45to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. (3) Dynamic display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to discontinue the display if it malfunctions, and the sign owner must stop the dynamic display within one hour of being notified by the city that it is not meeting the standards of this ordinance. (4)Dynamic display signs must meet the brightness standards contained in subdivision(h)below. (d) On-site dynamic display signs are allowed subject to the following conditions: (1)Located in the Business Commercial (BC)or Heavy or Light Industrial (M-2 and M-1) zoning districts only. (2)The images and messages displayed on the on-sitedynamic display sign must be static and each display must be maintained for a minimum of two minutes; and the transition from one static display to another must be instantaneous without any special effects. (3)Are allowed as part of a permanent freestanding sign, provided that the sign comprises no more than fifty (50)percent of the total square footage of said sign face. (4)Must be located at least two hundred (200)feet from any property where there are structures used for residential purposes or from any park or open space land use district. (5)Must be located at least one hundred (100)feet from any side property line. (6)Display and advertisement of products, events, persons, institutions, activities, businesses, services, or subjects which are located on the premises only or which give public service information. (e) Off-site dynamic display signs are allowed subject to Section 12(Billboard Signs in BC, BC-M, M-I, and M-2), the above-mentioned standards for all dynamic display signs, andthe following additional condition: (1) The images and messages displayed on the sign must be staticand each displaymust be maintained for a minimum offifteen (15) seconds and the transition from one static display to another must be instantaneous without any special effects. (f) Incentive.Off-site signs do not need to serve the same way-finding function asdo on-site signsand they aredistracting and their removal serves the public health, safety, and welfare. This clause is intended to provide an incentiveoption for the voluntary and uncompensated removal of off-sitesigns in certain settings.Thissign removal results in an overall advancement of one or more of the goals set forth in thisthat should more than offset any additional burden caused by the incentive. Theseprovisions are also based on the recognition that the incentive createsan opportunity toconsolidate outdoor advertising services that would otherwise remain distributed throughout Maplewood. (g) Reduction of Sign Surfaces (1)A person or sign operatormay obtain a permit for adynamic display sign on onesurface of an existing off-site sign if the following requirements are met: January 25, 2010 33 City Council MeetingMinutes a) The applicant agrees in writing to reduce its off-sitesignsurfacesby one by permanently removing, within fifteen (15)days after issuance of the permit, onesurface of an off-site sign in the city that is owned or leased by the applicant, which sign surface mustsatisfy the criteria of part (2)of this subsection. This removal mustinclude the complete removal of the structure and foundation supporting eachremoved sign surface. The applicant must agree thatthe city may remove the signsurface if the applicant does not do so, and the application must identifythe sign surface to be removed and be accompanied by a cash deposit or letter ofcredit acceptable to the city attorney sufficient to pay the city’s costs for thatremoval. The applicant must also agree that it is removing the sign surfacevoluntarily and that it has no right to compensation for the removed sign surfaceunder any law. Replacement of an existing sign surface of an off-site signwith a dynamic display sign does not constitute a removal of a signsurface. b) If the removed sign surface is one that a state permitisrequired by state law, the applicant must surrenderits permit to the state uponremoval of the sign surface. The sign that isthe subject of the dynamic displaysign permit cannot begin to operate until the sign owner or operator provides proof to the city that the statepermit has been surrendered. (2) If the applicantmeetsthe permit requirements noted above, the cityshallissue a dynamic display sign permit for the designated off-site sign.This permit will allow a dynamic display to occupyone hundred(100)percent of the potential copy andgraphic area and to change no more frequently than once every fifteen (15) seconds. Thedesignated sign must meet all other requirements of this ordinance. (h) Brightness Standards. (1) Thefollowing brightness standardsare requiredfor all dynamic display signs: a)No sign shall be brighter than is necessary for clear and adequate visibility. b) No sign shall be of such intensity or brilliance as to impair thevision of amotor vehicle driver with average eyesight or tootherwise interfere with the driver’soperation of a motor vehicle. c) No sign may be of such intensity or brilliance that it interferes with theeffectiveness of an official traffic sign, device or signal. (2)The person owning or controlling the sign must adjust the sign to meet thebrightnessstandards in accordance with the city’s instructions. The adjustment must be made within one hour upon notice of non-compliance from the city. (3)All dynamic display signs installed after the date of adoption of the Dynamic Display Sign Ordinance (August 20, 2008) must be equipped with a mechanism thatautomatically adjuststhe brightness in response to ambient conditions. These signs must also beequipped with a means to immediately turn off the display or lighting if the sign malfunctions, and thesign owner or operator must turn off the sign or lighting within one hour after being notified by the citythat it is not meeting the standards ofthis ordinance. (4)In addition to the brightness standards required above, dynamic display signs shall meet the city’s outdoor lighting requirements (Section 44-20(1)). (i) Public Safety. If city staff determines that a dynamic display sign is not being operated pursuant to thisordinancedue to its location or display capabilities, city staff can require that the sign be moved, removed, or modified after notice to the property owner. (j) Licensing. No person shall operate an off-site or on-sitedynamic display sign in the city without first obtaining a yearly licenseas defined in the city licensing ordinance (Article II). January 25, 2010 34 City Council MeetingMinutes The city council approved the first readingofthis ordinance on November 23, 2009. The city council approved the second readingof this ordinance onJanuary 25, 2010. _______________________________ Will Rossbach, Mayor Attest: ________________________________ Karen Guilfoile, City Clerk I.UNFINISHED BUSINESS Consider Adoption Of The 2030 Comprehensive Plan and Surface Water Management 1. Plan (Requires 4 votes). a.Planner, Michael Martin gave the presentation and answered questions of the council. Mayor Rossbach asked if anyone wanted to address the council regarding this item. 1.Ron Cockriel, 943 Century Avenue North, Maplewood. CouncilmemberNephewmoved to approve the 2030 Comprehensive Plan dated January 25, 2010, which will guide the city in planning for physical, social and economic development. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. Councilmember Nephew move to adopt the Surface Water Management Plan dated January 25, 2010, which will provide for use, management, improvement and protection of the city’s surface water resources. Seconded by Councilmember Juenemann.Ayes –All The motion passed. 2.Consider Adopting Ordinance On Recreational Fires (Second Reading) January 25, 2010 35 City Council MeetingMinutes a.City Attorney, Alan Kantrud gave a brief update on the report and answered questions of the council. Mayor Rossbach asked if anyone wanted to address the council regarding this item. Nobody came forward to address the council. Mayor Rossbachmoved to approve the (second reading)of the recreational fire ordinance striking “brush” from the ordinance. ORDINANCE897 AN ORDINANCE ON RECREATIONAL FIRES Section 20-38. Permits required for outdoor fires. (a).No person shall kindle, ignite, set or start any outdoor fire in the City, not contained in a city- approved incinerator, at any time, unless authorized by the issuance of a permit as provided for by the Department of Natural Resources for, “open burning.” (b).City Authorization for Camp/Recreational Fire. Campfires and so-called “recreational” fires are defined by Minnesota Statute, § 88.171, as those that are no larger than 3 feet in diameter and 3 feet in height and used for pleasure, religious, ceremonial, cooking, warmth, or similar purposes and are specifically authorized under this article subject to the rules and restrictions as hereinafter written. Recreational fires should not be lit or maintained if the smoke therefrom unreasonably causes discomfort or a negative impact to neighboring properties. If a complaint is lodged and verified by a peace officer or fire fighter and in their opinion is creating a nuisance situation, the operator may be called upon to extinguish the fire immediately until conditions change or improve. No permit is required for recreational fires. A copy of the recreational fire code section (§ 20-38) is available online at www.ci.maplewood.mn.us or you can obtain a paper-copy at the Maplewood City Hall information desk. The following are the minimum requirements for camp/recreational fires as defined above: 1.A recreational fire shall be limited to one (1) location per property parcel/address at a time. 2.Recreational fires must be at least 25 feet from all buildings or combustible materials. Combustible materials include, but are not limited to: wood, paper and plastics [MFSC (07) Section 307.4.2]. 3.Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition [MSFC (07) Section 307.4.2] 4.Recreational fires must be constantly attended by an adult until the fire burns out completely oris extinguished [MSFC (07) Section 307.5]. 5.A minimum of one portable fire extinguisher complying with MSFC (07) Section 906, with a minimum 4-A rating, or other approved on-site fire extinguishing equipment such as dirt/sand (available for use as an extinguishing agent), or charged garden hose; such extinguishing equipment shall be readily available at all times until the fire is extinguished. 6.The only materials permitted in a recreational fire are wood from trees, small branches or charcoal. 7.No person shall conduct, cause, or permit burning of rubber, plastics, chemically treated materials, or other materials which produce excessive or noxious smoke including, but not limited to, tires, railroad ties, composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint, paint filters, construction debris, garbage, waste materials, and leaves and grass. vegetation of any sort, e.g., January 25, 2010 36 City Council MeetingMinutes 8.Recreational fires must be immediately extinguished if they pose a fire safety risk, if they are not in compliance with the above, or when directed to do so by a police officer, firefighter, fire warden, or DNR officer [MSFC (07) Section 307.3]. 9.Recreational fires are only allowed from 10:00 A.M. until 11:00 P.M. with winds less than 15 mph unless written permission for an exception is received from the fire chief or fire marshal. (c).The owner of any property upon which a fire is started or originally ignited, in violation of this section, shall be responsible therefore and shall be subject to penalties provided in this chapter, unless such owner can adduce proof that such fire was started by a stranger or trespasser. (Repeals and replaces Ord. 838; Code § 20-38, 5/27/03) Seconded by Councilmember Llanas. Ayes –All The motion passed. J.NEW BUSINESS 1.Consider Adopting Resolution Of Support For Tubman To Allow City As Fiscal Agent For State Bonding Proposal a.City Manager, James Antonen gave a brief reportand answered questions of the council. b.City Attorney, Alan Kantrud answered questions of thecouncil. MayorRossbachasked the representative from the Tubman Foundation to come forward. Ms. Beverly Dusso, 2420 Sunrise Drive, Little Canadarepresenting the Tubman Foundation addressed the council. Councilmember Wasilukmoved to approve the resolution of support for Tubman in securing state of Minnesota bonding for their project at the former St. Paul Monastery’s building at Century Avenue and Larpenteur Avenue and further directing that the City Manager develop documents to approve the city as fiscal agent for Tubman in this endeavor. RESOLUTION10-01-329 WHEREAS, Tubman has received approval for a Regional Multi-Service Center and Learning Institute as a domestic violence shelter at the former St. Paul’s Monastery at Century Avenue and Larpenteur Avenue, and WHEREAS, Tubman is proposing nearly $5.1 million in necessary code, accessibility and security improvements to the old Monastery building to facilitate this service center, and WHEREAS, Tubman is requesting state bonding support through legislation to provide for up to $2.0 million in financial support for this much needed facility, and WHEREAS, the Maplewood City Council has previously expressed support for the services provided by Tubman for the citizens of our City and region, and WHEREAS, Tubman requires that a local government agency act as the fiscal agent for any state funding provided for this type of facility. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: January 25, 2010 37 City Council MeetingMinutes 1.Hereby acknowledges its support for Tubman’s request for state funding for this important project and improvement, a further supports said legislation as introduced on behalf of Tubman in the 2010 legislative session. 2.Hereby directs the City Manager to prepare documents for Council approval such that the City of Maplewood will act as the fiscal agent for Tubman in receiving financial support from the State of Minnesota. Seconded by Mayor Rossbach.Ayes –All The motion passed. K.VISITOR PRESENTATIONS 1.Bob Zick, 2515 White Bear Avenue, Maplewood.Mr. Zick spoke about a newspaper article in Sunday’s editorialsection by David Brooks with the New York Times regarding Change and Trust. He read “change you can believe in needs a government you can trust”. Mr. Zick commented onMayor Rossbach’s website and Councilmember’sLlanas facebook page. Mr. Zick asked about the other two candidates that applied for the city council vacancy and his displeasure in the process to fill the city council vacancy position. L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS 1.Council Management Team Retreat a.City Manager, James Antonen introduced the itemand stated the Council Management Team Retreat will be Friday, February 5, 2010,8:30am to 5:00 p.m. at the fire station on Clarence Street. b.City Clerk, Director Citizen Services, Karen Guilfoile said informationregarding the retreat is posted in the front lobby and on the city website. N.COUNCIL PRESENTATIONS 1.Fifth Grade Class–Mayor Rossbach Mayor Rossbach said he was contacted by the fifth grade class at Webster Elementary regarding a93 year oldOakdale resident named Russell Anderson thatwas wounded in the war. The students would like assistance from the City of Maplewood to help get Mr. Andersona purple heart or recognize him in some way. 2.Maplewood Homeless Issues–Councilmember Llanas Councilmember Llanas discussed the homeless issuein Maplewood and the potential problem of being asked for moneyas well as safety concerns that residents should be aware of.(Maplewood Police Chief, Dave Thomalla reported on the homeless issues in the city.)Councilmember Llanas recommended donating to a local charity that serves the homeless as a better means of contributing rather than handingindividuals money that are panhandlingthat may or may not be homeless. Maplewood intheNews – Councilmember Llanas recognized Maplewood residents Will Nicholsonand LeahBogen who have been covered in the local press as a couple that has cut back on spending January 25, 2010 38 City Council MeetingMinutes money fortheir upcoming wedding in Junein order to help donate money to the Haitian relief effort.Councilmember Llanas encouragedresidents thatare able to make a financial contributionto the Haitian relief effort. 3.Citizens Forum–Councilmember Nephew Mayor Rossbach said there will be a Citizens Forum on Saturday, February 6, 2010, at 10:00am., in the Council Chambers. Mayor Rossbach stated he cannot be present so Councilmember Nephew will fill in.City Manager Antonen said he has asked DuWayne Konewko the Community Development and Parks Director to discuss the Business and Economic Development Commission (BEDC)and recommended staffhighlight a different department at the City of Maplewood at each of the Citizens Forum. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at10:58p.m. January 25, 2010 39 City Council MeetingMinutes