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HomeMy WebLinkAbout05-22-1995MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 22, 1995 Council Chambers, Municipal Building Meeting No. 95 -10 A. CALL TO ORDER: A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor- Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Special Meeting April 24, 1995 Bastian Seconded by Councilmember Carlson Ayes - all 2. Minutes of Council /Manager Meeting of May 1, 1995 Councilmember Rossbach moved to approve the minutes of Cc Meeting of May 1. 1995 as presented. Seconded by Councilmember Allenspach Ayes - all 3. Minutes of Meeting 95 -09, (May 8, 1995) Councilmember Carlson Seconded by Councilmember Rossbach Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as submitted. Seconded by Councilmember Carlson Ayes - all EA. APPOINTMENTS /PRESENTATIONS NONE 5 -22 -95 1 F. CONSENT AGENDA: Councilmember Carlson moved, secor 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 550,496.12 PAYROLL: $ 144,570.58 $ 695,066.70 $ 258,341.66 $ 50.953.51 $ 309,295.17 $1.004.361.87 Checks #4424 - #4486 Dated 4 -28 -95 thru 5 -10 -95 Checks #17835 - #18007 Dated 5 -22 -95 Total Accounts Payable Payroll Checks #80945 thru #81220 Dated 5 -05 -95 Payroll Deduction Checks #81225 thru #81243 dated 5 -05 -95 Total Payroll GRAND TOTAL 2. Preliminary Plat Time Extension (Oak Ridge Estates) Approved a one-year time extension for Phases 2 -4 of the Oak Ridge Estates preliminary plat. This time extension is subject to the February 8, 1994 conditions. 3. Preliminary Plat Time Extension (Budd Kolby Fourth Addition) Approved a one -year time extension for the Budd Kolby Fourth Addition preliminary plat. This time extension is subject to the May 9, 1994 conditions. 4. Final Plat (Amber Hills Second Addition) Approved the Amber Hills Second Addition final plat, subject to the developer changing the easement between Lots 1 and 2, Block 3 to the approval of the City Engineer. The City will not sign the final plat until the developer changes this easement. 5. Conditional Use Permit Time Extension - Amusement City Reviewed and extended for one year the Conditional Use Permit for 1870 Rice Street (Amusement City). This CUP will be reviewed again in one year. 6. Budget Change - State Aid for 911 Phone System Authorized the use of $11,300 state aid to partially pay existing phone bills for the 911 phone system and that the following 1995 Budget changes be approved: - $11,300 101- 406 -4310 Telephone Expense, General Fund +$11,300 207 - 406 -4310 Telephone Expense, Enhanced 911 Service Fund +$11,300 207. 000 -3524 State Aid, Enhanced 911 Service Fund 5 -22 -95 7. Contingency Request - New Telephone System Authorized a transfer of General Fund Contingency funds up to a maximum of $3,500 to cover the change orders and miscellaneous equipment purchases to complete the phone system installation. 8. Council /Manager Workshop Schedule Authorized cancellation of the July 3, 1995 and August 7, 1995 Council /Manager Workshops and scheduled a meeting for Monday, July 31, 1995 from 5:OO P.M. to 8:00 P.M. at City Hall to replace them. 9. Maplewood History Committee Request for Charitable Gambling Funds Authorized a donation of $1,000 from the Charitable Gambling Fund to assist with start -up and organizational costs for the newly- formed Maplewood Historical Committee. G. PUBLIC HEARINGS 1. 7:00 P.M.: 2720 Maplewood Drive (Maplewood Public Works Department) a. Mayor Bastian convened the meeting for a public hearing regarding proposals for several site plan changes at 2720 Maplewood Drive. b. Manager McGuire presented the staff report. c. Associate Planner Ken Roberts presented the specifics of the report. d. Commissioner Jack Frost presented the Planning Commission report. e. Boardmember Vidyashankar presented the Community Design Review Board report. f. City Attorney Kelly explained the procedure for public hearings. g. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: John Buesing, 1247 Kohlman Avenue h. Mayor Bastian closed the public hearing. Conditional Use Permit i. Councilmember Koppen introduced the following Resolution and moved its adoption: 95 -05 -60 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, The Maplewood Public Works Department applied for a Conditional Use Permit to build one parking lot on a business property as part of Highway 61 frontage road improvements. 5 -22 -95 3 WHEREAS, Section 36- 566(c)(1)(e) of the City Code allows a maximum impervious surface area of 30% for this property. WHEREAS, this permit allows increasing the impervious surface area of the site from 32% to 38 %, making the impervious surface area on the site 8% over that allowed by the code. WHEREAS, this permit applies to 2720 Maplewood Drive. The legal description is: Revised Description Number 988, a specific part of the southeast 1/4 of the southeast 1/4 of Section 4, Township 29, Range 22. WHEREAS, the history of this conditional use permit is as follows: 1. On May 1, 1995 the Planning Commission recommended that the city council approve this permit. 2. On May 22, 1995, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned.character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. B. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 5 -22 -95 4 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. Seconded by Councilmember Carlson Ayes - all Variance j. Councilmember Koppen introduced the following Resolution and moved its adoption: 95 - 05 - 61 VARIANCE RESOLUTION WHEREAS, the Maplewood Public Works Department applied for a variance from the zoning ordinance. WHEREAS, this variance applies to 2720 Maplewood Drive. The legal description is: 0 Revised Description Number 988, a specific part of the Southeast 1/4 of the Southeast 1/4 of Section 4, Township 29, Range 22. WHEREAS, Section 36- 28(c)(5)(a) of the Maplewood Code of Ordinances requires that on -site parking lots have a 15 -foot setback from a street right -of -way. WHEREAS, the applicant is proposing an eight -foot setback from the Maplewood Drive frontage road right -of -way. WHEREAS, this requires a variance of seven feet. WHEREAS, the history of this variance is as follows: 1. On May 9, 1995, the Community Design Review Board recommended that the City Council approve this variance. 2. The City Council held a public hearing on May 22, 1995. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. 5 -22 -95 5 NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described variance for the following reasons: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property. Compliance with the 15 -foot setback requirement would require the removal of mature trees and substantial grading into a hillside. 2. The variance would be in keeping with the spirit and intent of the Ordinance since the parking lot would have a 34 -foot setback from the street edge. This is more than the typical setback from a street. Seconded by Councilmember Carlson Ayes - all Design Review k. Councilmember Koppen 1) Repeat this review in two years if the city has not issued permits for the driveways and parking lots. 2) Restore and sod damaged boulevards and site areas. 3) Install a handicap - parking sign for the handicap - parking space. 4) Construct a trash dumpster enclosure as city code requires. The enclosure must match the color of the building. The design and placement of the enclosure shall be submitted to staff for approval. 5) Remove the gazebo and restore the lawn with sod. 6) Clean up the site and remove all debris. 7) All work shall follow the approved plans. The Director of Community Development may approve minor changes. 8) Add a sidewalk from the parking lot to the adjacent building. 9) Add a curb cut for adequate access from handicap - parking space to the building. Seconded by Councilmember Carlson Ayes - all 2. 7:15 P.M. (7:53 P.M.): Street and Alley Vacations (Claire Street and Alley East of English Street - Richard Long a. Mayor Bastian convened the meeting for a public hearing regarding a request for vacation of a portion of Claire Street and the north -south alley between Claire Street and Skillman Avenue. b. Manager McGuire presented the staff report. c. Associate Planner Roberts presented the specifics of the report. d. Commissioner Jack Frost presented the Planning Commission report. 5 -22 -95 6 e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: Richard Long, the applicant f. Mayor Bastian closed the public hearing., - g. Councilmember Rossbach introduced the following Resolution and moved its adoption: 95 -05 -62 STREET VACATION RESOLUTION WHEREAS, Richard Long applied for the vacation of the following - described street: That part of Claire Street east of the east right -of -way line of English Street and west of the former railroad right -of -way as dedicated as part of the Gladstone Addition in Section 15, Township 29, Range 22 WHEREAS, the history of this vacation is as follows: 1. On May 1, 1995, the Planning Commission recommended that the City Council approve this vacation. 2. On May 22, 1995, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Lots 14 and 15, Block 1 of Gladstone Addition NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described vacations for the following reasons: 1) It is in the public interest. 2) The City has no plans to build a street on this right -of -way. 3) The adjacent properties have street access. Seconded by Councilmember Allenspach Ayes - all h. Councilmember Rossbach introduced the following Resolution and moved its adoption: 5 -22 -95 7 95 -05 -63 ALLEY VACATION RESOLUTION WHEREAS, Richard Long applied for the vacation of the following- , described alley: The north -south alley between Skillman Avenue and Claire Street right -of -way as dedicated as part of Block One in the Gladstone Addition in Section 15, Township 29, Range 22 WHEREAS, the history of this vacation is as follows: 1. On May 1, 1995, the Planning Commission recommended that the City Council approve this vacation. 2. On May 22, 1995, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Lots 1.27, Block 1 of Gladstone Addition NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described vacations for the following reasons: 1) It is in the public interest. 2) The City has no plans to build an alley on this right -of -way. 3) The adjacent properties have street access. Seconded by Councilmember Allenspach Ayes - all 3. 7:30 P.M. (8:01 P.M.): Conditional Use Permit - 2755 Gem Street (Garage Addition - James Curley) a. Mayor Bastian convened the meeting for a public hearing regarding a request for a conditional use permit allowing expansion to the of the attached garage at 2755 Gem Street. b. Manager McGuire presented the staff report. c. Associate Planner Roberts presented the specifics of the report. d. Commissioner Frost presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: James Curley, 2755 Gem Street, the applicant 5 -22 -95 8 f. Mayor Bastian closed the public hearing. g. Councilmember Rossbach introduced the following Resolution and moved its adoption: 95 - 05 - 64 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, James Curley is requesting that Maplewood approve a conditional use permit to put an addition on the rear of the attached garage at his house at 2755 Gem Street. WHEREAS, this permit applies to the property at 2755 Gem Street. The legal description is: The North 80 feet of the South 1203 feet of the West 203 feet of the East 757 feet of the Southeast 1/4 of the Southeast 1/4 (subject to street and easement in Section 3, Township 29, Range 22). (PIN 03- 29-22- 44.0049) WHEREAS, the history of this conditional use permit is as follows: 1. On May 1, 1995, the Planning Commission recommended that the City Council approve this permit. 2. On May 22, 1995, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described conditional use permit based on the building and site plans. The City approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run- off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 5 -22 -95 9 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans dated March 2, 1995 as approved by the City. The Director of Community Development may approve minor changes. 2. The proposed construction must be started within one year after Council approval or the permit shall end. The Council may extend this deadline for one year. 3. The City Council shall review this permit only if a problem develops. Seconded by Councilmember Koppen Ayes - all 4. 7:45 P.M. (8:05 P.M.): 2555 Hazelwood Avenue (Holy Redeemer Church) a. Mayor Bastian convened the meeting for a public hearing regarding a request to enlarge the parking lot at Holy Redeemer Church by 70 spaces. b. Manager McGuire presented the staff report. c. Associate Planner Roberts presented the specifics of the report. d. Commissioner Frost presented the Planning Commission report. e. Boardmember Vladyshankar presented the Community Design Review Board report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Mike Leibel, 2516 Barclay Austin Ward, Pastor of Holy Redeemer Church f. Mayor Bastian closed the public hearing. Conditional Use Permit g. Councilmember Allenspach introduced the following Resolution and moved its adoption: 5 -22 -95 10 95 - 05 - 65 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Holy Redeemer Parish applied for a conditional use permit to enlarge their parking lot. WHEREAS, this permit allows a church. WHEREAS, this permit applies to 2555 Hazelwood Avenue. The legal description is: The East 618.38 feet of the South 112 of the Northeast 1/4 of the Northwest 1/4 of Section 10, Township 29, Range 22, Ramsey County, Minnesota, except the South 150 feet of the East 183 feet thereof, subject to roads. WHEREAS, the history of this conditional use permit is as follows: 1. On May 1, 1995, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on May 22, 1995. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City - staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run - off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 5 -22 -95 11 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started within one year of Council approval or the permit shall become null and void. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year unless the parking lot expansion has been completed and has met code requirements. In the case of completion, this permit would not need to be reviewed again unless a problem developed. Seconded by Councilmember Koppen Ayes - all Screening Waiver h. Councilmember Allenspach moved to approve the site al 1) Repeat this review in two years if the City has not issued a permit for the new parking lot. 2) Stripe the parking lot in accordance with City Code requirements and install continuous concrete curbing around all new paved areas. 3) All work shall follow the approved plans. The Director of Community Development may approve minor changes. 4) Add additional light poles on the proposed parking lot expansion, subject to staff approval. Seconded by Councilmember Koppen Ayes - all Site Plan Revision i. Councilmember Allenspach moved to waive the as 1) The neighboring house at 2516 Barclay Street has no windows on its north side that would give a view of the new parking lot. 2) The proposed parking lot would be 150 feet from 2516 Barclay Street. 3) This property owner replied in favor of the parking lot expansion. Seconded by Councilmember Koppen Ayes - all 5 -22 -95 12 5. 8:00 P.M.: Preliminary Plat - Hillcrest Heights (College City Construction) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to develop lots for eight homes on a 3.23 acre site east of McKnight Road and north of Montana Avenue. b. Manager McGuire presented the staff report. c. Associate Planner Roberts presented the specifics of the report. d. Commissioner Frost presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Paul Cherney, representing the developer Gary Robinson, 2325 Montana Resident of 2321 Montana Gregg Brady, 1580 McKnight Road Ray Horwath, owner of property being proposed for development f. Mayor Bastian closed the public hearing. g. Councilmember Rossbach moved to approve the preliminary plat received by 1. Sign an agreement with the City that guarantees that the developer or contractor will: a. Complete all grading for the site drainage and the pond, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Pay the city for the cost of traffic - control and street identification signs. d.* Provide all easements required by the city engineer', including an easement for the temporary cul -de -sac. e. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. f Install survey monuments along the wetland boundary. g. Remove any debris, junk or fill from the wetlands and site. h. Have NSP install one street light near the intersection of McKnight Road and Hoyt Avenue. The City Engineer shall approve the exact type and location of the street light. 2.* Have the City Engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet the following conditions: a. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control handbook. b. The grading plan shall: 1) Include proposed building pad elevation and contour information for each home site. 5 -22 -95 1? 2) Include contour information for the land that the street construction will disturb. 3) Show housing styles that reduce the grading on sites where the developer can save large trees. c. The tree plan shall show: 1) Where the developer or contractor will remove, save or replace large trees. 2) The size, species and location of any trees that the developer will plant as replacement trees. 3) All trees that the developer will plant shall be at least 2 1/2 inches in diameter. There shall be no tree removal past the approved grading and tree limits. d. The driveway for 1540 McKnight Road shall be removed from McKnight Road and shall be moved to connect to Hoyt Avenue. The existing sewer and water services for 1540 McKnight Road shall be abandoned and reconnected to the new utilities in Hoyt Avenue. e. The utilities shall be designed and installed to serve the property to the north. 3. Show the following on the final plat: a. Drainage and utility easements along all property lines. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. The north /south part of the street (by Lots 5 and 6) shall be named "Currie Street." c. The wetland boundaries on the final plat as approved by the Watershed District. d. The required wetland easements and buffer areas. 4.* Change the drainage easements so that all the lots have at least 10,000 square feet outside the drainage easement. 5.* Give the city wetland easements over the wetlands. The easements shall cover the wetlands and any land within twenty feet surrounding a wetland. These easements shall prohibit any building, mowing, cutting, filling or dumping within twenty feet of the wetland or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands from homeowners' fertilizer and to protect the wetland habitat from residential encroachment. If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do not apply to the final plat. *The eve oper must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Councilmember Carlson Ayes all H. AWARD OF BIDS 1. Outdoor Electronic Message Center - Community Center a. Manager McGuire presented the staff report. b. Director of Parks & Recreation Anderson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. 5 -22 -95 14 d. Councilmember Carlson introduced the following Resolution and moved its adoption: 95 - 05 - 66 AWARD OF BID - ELECTRONIC MESSAGE CENTER BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid for an outdoor electronic message center sign be awarded to Sign Art as the low successful bidder, with the monies to be allocated from the 409 Maplewood Community Center Construction Fund at a total cost of $34,936,74 and the authorized representative of the City shall enter into a formal agreement with Sign Art for and on behalf of the City. Seconded by Councilmember Allenspach Ayes - Councilmembers Carlson, Rossbach Nays - Mayor Bastian, Koppen Allenspach, Councilmember I. UNFINISHED BUSINESS 1. Curfew Ordinance - 2nd Reading a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Mayor Bastian introduced the following Ordinance for second reading an moved its adoption: ORDINANCE NO. 735 AN ORDINANCE AMENDING THE MAPLEWOOD CURFEW ORDINANCE Sec. 20 -32. Curfew -- Generally. (a) It shall be unlawful for any minor under the age of sixteen (16) years to be in any public place within the City, daily, between the hours of 10:00 p.m. and 5:00 a.m. of the following day. (b) It shall be unlawful for any minor who is sixteen (16) or seventeen (17) years of age to be in any public place within the city, daily, between the hours of 12:00 midnight and 5:00 a.m. of the following morning. (c) It shall be unlawful for a parent or authorized adult of a minor to knowingly, or by inefficient control, permit a minor, subject to their control, to be in any public place within the City during the hours prohibited by paragraph (a) and (b) of this subdivision, under circumstances not constituting an exception to this ordinance as set forth herein. (d) It shall be unlawful for any person operating, or in charge of, any place of amusement or refreshment, which is open to the public, to knowingly permit any minor to remain in such place during the hours prohibited by paragraphs (a) and (b) of this subdivision, under circumstances not constituting an exception under paragraph (e) of this Ordinance. 5 -22 -95 15 (e) The following shall constitute valid exceptions to the prohibitions in paragraphs (a) and (b), above: (1) At any time, if a minor is accompanied by his or her parent or authorized adult; (2) At any time, if a minor is upon an emergency errand: (3) At any time, if the minor is upon some necessary errand by permission or direction of said parent, guardian or other adult person having the care and custody of the said minor, which permission shall be in written form, signed by such parent, guardian, or other adult person having the care and custody of said minor. (4) At any time, where the presence of said minor in said place or places is connected with, or required by, some legitimate business, trade, or profession or occupation in which said minor is lawfully employed. (5) If the minor is lawfully employed, for a period from forty -five (45) minutes before or after work, while going directly between his or her home and place of employment. (6) At any time the minor is married in accordance with the law or had disability of nonage removed by a court of competent jurisdiction. (7) At any time the minor is on property immediately abutting the juvenile's residence or abutting the residence of a next door neighbor, if the neighbor has not complained to the police department about the juvenile's presence. (8) At any time the minor is enroute directly to, attending, or returning directly to his or her current residence from, a specific activity at a public or semi- public place which is open to the general public and supervised by adults at least twenty -one (21) years of age; provided further, that the juvenile possesses written permission from his or her parent or legal guardian authorizing the juvenile to attend or engage in that specific activity. (9) While attending a school, religious, or recreational activity, supervised by adults at least twenty -one (21) years of age and sponsored by the City, a school, church, civic organization, or other similar entity, which organization takes responsibility for the juvenile as an invitee, or while going directly to, or returning directly from, any such activity; provided further, that the juvenile possesses written permission from his or her parent or legal guardian authorizing the juvenile to attend or engage in that specific activity. (f) Enforcement of this Ordinance shall be by citation or arrest of the subject parties as provided for misdemeanor offenses in Minnesota Rules of Procedure, with the following provisions: (1) At the commencement of any enforcement action under this section, the peace officer shall ask the apparent offender's age and reason for being in a public place. The officer shall issue a citation or make an arrest for violations of this Ordinance or take other appropriate action, only on reasonable belief, based on the offender's response, refusal thereof, or other persuasive evidence, that a violation, not subject to paragraph (e) exceptions, has occurred. 5 -22 -95 H (2) It is a defense to prosecution under paragraph (d) of this Ordinance that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (3) Violation of this Ordinance shall be a misdemeanor. (g) for the purposes of this Ordinance, the following definitions apply: (1) "Authorized adult" shall mean any person who is at least eighteen (18) years of age and authorized by a parent of such minor person to take said parent's place in accompanying said minor for a designated period of time. (2) "Emergency errand" shall mean an errand necessary to avoid, or seek help for, a harm or peril that is immediate, overwhelming, or physical, provided the minor could not have avoided the necessity of the errand by taking reasonable advance precautions. (3) "Minor" shall mean any unemancipated person under the age of eighteen (18) years. (4) "Parent" shall mean any person having legal custody of a minor: either as natural or adoptive parent, or as legal guardian, or as a person to whom legal custody has been given by order of the court. (5) "Public Place" shall mean any public street, highway, roadway, park, public recreation, entertainment or civic facility, or other place open to the public within the City. (6) "Knowingly ", includes knowledge which a parent or authorized adult shall reasonably be expected to have concerning the whereabouts of a minor under such person's care. (Code 1965, §1250.010; Ord. No. 268, §1,8 -6.70) Seconded by Councilmember Rossbach Ayes - all 2. Open Space Site #161B a. Manager McGuire presented the staff report. b. Assistant City Manager Maglich presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson moved to acquire, depending on environmental Seconded by Councilmember Koppen Ayes - all 5 -22 -95 17 J. NEW BUSINESS 1. 1996 -2000 Capital Improvement Plan (4 Votes Required) a. Manager McGuire presented the staff report. b. Director of Finance Faust presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Mayor Bastian introduced the following Resolution and moved its adoption: 95 05 - 67 APPROVING 1996 -2000 CAPITAL IMPROVEMENT PLAN " WHEREAS, the 1996.2000 Capital Improvement Plan coordinates the timing and financing of major equipment purchases and construction projects, and WHEREAS, the 1996 -2000 C.I.P. is a planning tool for City staff and elected officials, and WHEREAS, it is important to follow the construction and financing schedule on pages 1.8 and 1 -9 in the C.I.P. in order to fully utilize the City's engineering staff and minimize the need for consultant engineers, and NOW THEREFORE, BE IT RESOLVED, that the 1996 -2000 C.I.P. is hereby adopted as a planning document, and BE IT FURTHER RESOLVED, the construction and financing schedule on pages 1 -8 and 1 -9 in the C.I.P. will be followed to the greatest extent possible. Seconded by Councilmember Carlson Ayes - all 2. 1995 Street Overlay & Sealcoat a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Rossbach Seconded by Councilmember Allenspach Ayes - all 3. Project 93 -02: TH61 Frontage Road Improvements - Approving Cooperative Agreement with MnDOT a. Manager McGuire presented the staff report. 5 -22 -95 1P b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Mayor Bastian introduced the following Resolution and moved its adoption: 95 - 05 - 68 APPROVING COOPERATIVE AGREEMENT WITH MnDOT BE IT RESOLVED that the City of Maplewood enter into Agreement No. 73269 with the State of Minnesota, Department of Transportation for the following purposes, to -wit: To provide for a lump sum payment in the amount of $100,000 by the State to the City under State Project No. 6222 -129 (TH 61 =001) as the State's full and complete share of the costs of the scheduled resurfacing construction and associated construction engineering to be performed on: 1) Trunk Highway No. 61 South Frontage Road from Engineer Station 10 +00.00 (County Road B, also County State Aid Highway No. 25) to Engineer Station 37 +47.55 (Atlantic Street), 2) Trunk Highway No. 61 North Frontage Road from Engineer Station 3 +16.00 (316 feet north of County Road C, also County State Aid No. 23) to Engineer Station 20 +58.00 (570 feet south of Beam Avenue, also County State Aid Highway No. 19), 3) Viking Drive located along the south side of Trunk Highway No. 36 from McMenemy Street to Desoto Street, 4) Viking Drive located along the south side of Trunk Highway No. 36 from Searle Street to Arcade Street, and 5) Arcade Street located along the west side of Trunk Highway No. 61 from Roselawn Avenue to a point approximately 700 feet south of Roselawn Avenue. BE IT FURTHER RESOLVED that the proper City officers are hereby authorized and directed to execute such agreement. Seconded by Councilmember Carlson Ayes - all 4. Parsons' Request a. Manager McGuire presented the staff report. b. Assistant Manager Maglich presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Mr. Parsons, 2229 Prosperity Road 5 -22 -95 10 d. Mayor Bastian moved to di Seconded by Councilmember Koppen Ayes - all 5. Release of Retainage - Adolfson & Peterson a. Manager McGuire presented the staff report. b. Assistant Manager Maglich presented the specifics of the report. c. Councilmember Carlson introduced the following Resolution and moved its adoption: 95 - 05 - 69 REDUCTION IN RETAINAGE FOR THE COMMUNITY CENTER PROJECT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of a City -owned community center, Community Center Project, and has let a contract with Adolfson & Peterson for general construction; and WHEREAS, the City is currently holding $150,000 of the total $5,586,576 contract amount in escrow as retainage; and WHEREAS, the Architect and Construction Manager evaluated the construction and acknowledged substantial completion on September 23, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to release $100,000 of Adolfson & Peterson's escrowed retainage at FBS Investment Services. Seconded by Councilmember Koppen Ayes - all 6. Maplewood Fire Fighters Relief Association - 1994 Fund Shortage a. Manager McGuire presented the staff report. b. Director of Finance Faust presented the specifics of the report. c. Councilmember Carlson moved to table this item. Seconded by Mayor Bastian Ayes - all 7. Water Tower Radio Transmitter a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. 5 -22 -95 20 c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson Seconded by Councilmember Koppen Ayes - all K. VISITOR PRESENTATIONS 1. Kevin Berglund a. Kevin Berglund, 1929 Ripley, commended Council and commented on: 1) Bill Fernholz commendation 2) coverage on Channel 64 3) use of charitable gambling funds 4) water tower transmitters 5) Tom Eastman's work at the Community Center 6) Maplewood Historica Committee and charitable gambling funds 7) Heritage Theater and residency contract 2. JoAnne Funk a. JoAnne Funk, 1816 Beebe Road, spoke to the Council regarding the apple orchards adjacent to the Kayser Property which is being acquired by the City. 3. Terry Moses a. Terry Moses, a real estate broker with Edina Realty, spoke for the owner of property at the corner of county Road C and Highway 61. b. This property is now zoned as M1, and the owner wants some direction from Council regarding variances and the 350' setback. c. Mayor Bastian advised this matter be placed on a future Agenda. M. COUNCIL PRESENTATIONS MIA M. ADMINISTRATIVE PRESENTATIONS 1. Melinda Coleman, Director of Community Development, was introduced to the Mayor and Council. N. ADJOURNMENT OF MEETING 10:30 P.M. Luc le E. Aurelius, City Clerk 5 -22 -95 21