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