HomeMy WebLinkAbout07.11.88 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 11, 1988
Council Chambers, Municipal Building
Meeting No. 88 - 15
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 7:02 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Reconsideration of Recycling
2. Water on Castle
3. Footprint Lake
4. Manager's Meeting
5. Phalen Path
6. Sterling Street Watermain Financing
7. Delete Item F-3
8. Add Item I-9, Animal Prize Ordinance
Seconded by Councilmember Anderson. Ayes - all.
E. CONSENT AGENDA
Mayor Greavu moved, seconded by Councilmember Anderson, Ayes - all, to approve the
Consent Agenda, Items E-1 through 4 as recommended.
1. Accounts Payable
Approved the accounts (Part I, Fees, Services, Expenses, Check No. 2474 -
2499 and 7801 - 7865 dated 6-14-88 - 6-30-88 - $413,571.11; Check 3368 -
3522 dated 7-11-88 - $210,248.39) in the amount of $623,819.50.
2. 1988 Labor Settlement
Approved an additional $5260 transfer from the Contingency Account to the
appropriate department accounts that is necessary to finance the 1988 labor
settlements.
3. Time Extension: Cave's Currie Street Addition
Approved a one-year time extension for Cave's Currie Street Addition prelimi-
nary plat.
7/11
4. Final Plat: Maplewood Meadows
Approved the final plat, subject to completing the preliminary plat condi-
tions before the plat is signed by the City.
F. PUBLIC HEARINGS
1. 7:00 P.M., Conditional Use Permit Renewal and Revision: 1201 Frost Avenue (Skon)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Jonathan Timothy Skon for renewal of their conditional use permit
for used car sales and for approval of a revision of the conditional use
permit to allow them to sell cars, but not display them before the black-
topping is installed.
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Chairman Les Axdahl presented the Planning Commission recommendation.
e. Mr. Skon, one of the applicants, spoke on behalf of his proposal.
f. Mayor Greavu called for persons who wished to be heard, for or against
the proposal. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Bastian introduced the following resolution and moved its
adoption•
88-7-104
WHEREAS, Jonathan and Timothy Skon initiated a conditional use permit
to sell used cars at the following-described property:
Lots 1-9, Block 4, Lincoln Park and the west half of vacated
Duluth Street.
This property is also known as 1201 C Frost Avenue, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was approved by the Maplewood City
Council on April 13, 1987, subject to the following conditions:
a. No more than two automobiles shall be displayed for sale at
any one time that would be visible from Frost Avenue.
b. No more than four vehicles shall be offered for sale at any
time.
c. A portion of the gravel parking lot shall be blacktopped
and striped as determined by the Community Design Review
Board.
- 2 - 7/11.
d. No cars shall be within fifteen feet of the right-of-way,
unless the Community Design Review Board approves a park-
ing lot with a closer setback.
e. Vehicle parts are not to be stored outside.
2. This conditional use permit amendment was reviewed by the Maplewood
Planning Commission on June 20, 1988. The Planning Commission
recommended to the City Council that said permit be approved.
3. The Maplewood City Council held a public hearing on July 11,
1988, to consider the amendment. Notice thereof was published
and mailed pursuant to law. All persons present at said hear-
. ing were given an opportunity to be heard and present written
statements. The council also considered reports and recommenda-
tions of the City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above-described conditional use permit be amended on the basis of the follow-
ing findings-of-fact:
1. The use is in conformity with the City's comprehensive plan and
with the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detri-
mental to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated to
be compatible with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous,. detrimental or disturbing to
present and potential ..surrounding land uses, due to the noises,
glare, smoke, dust, odor, fumes, water pollution, water run-off,
vibration, general unsightliness, electrical interference or other
nuisances.
6. The use would generate only minimal vehicular traffic on local
streets and shall not create traffic congestion, unsafe access
or parking needs that will cause undue burden to the area proper-
. ties.
7. The use would be serviced by essential public services, such as
streets, police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at
public cost for public facilities and services; and would not be
detrimental to the welfare of the City.
9. The use would preserve and incorporate the site's natural and
scenic features into the development design.
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10. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. No vehicle shall be displayed for sale until bituminous paving and
striping is provided for the vehicle sales area. After paving is
provided, no more than two automobiles shall be displayed for sale
at any one time that would be visible from Frost Avenue.
2. No more than four vehicles shall be offered for sale at any time.
3. The Community Design Review Board shall approve the paving and
striping plan.
4. No cars shall be within fifteen feet of the right-of-way, unless
the Community Design Review Board approves a parking lot with a
closer setback.
5. Vehicle parts are not to be stored outside.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Bastian, Juker and Rossbach.
Nay - Councilmember Anderson.
2. 7:10 P.M., Code Variation South of Fish Creek
a. On-Site Sewage Systems
b. Gravel Shoulders
c. 24 foot wide Streets
1. Mayor Greavu convened the meeting for a public hearing regarding
the request of Lawrence D. Anderson for subdivision code variations
to develop seven 40,000 square foot lots with on site sewage dis-
posal systems; to substitute ditches and 3 to 5 foot wide gravel
shoulders along new streets for storm sewer, curb and gutter; to
build 24 foot wide streets.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the specifics of
- the proposal.
4. Chairman Axdahl presented the Planning Commission recommendation.
5. Lawrence Anderson, the applicant, spoke on behalf of the proposal.
6. Mayor Greavu called for persons who wished to be heard for or
against the proposal. None were heard.
7. Mayor Greavu closed the public hearing.
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8. Mayor Greavu moved to table this item until the meeting of
July 25, 1988.
Motion died for lack of a second.
9. Councilmember Anderson moved to deny the requests of Mr. Anderson
based on the reasons given in the Staff Report.
Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Juker
and Rossbach.
Nays - Mayor Greavu, Councilmember
Bastian.
3. 7:20 P.M., Variance: 1281 Kohlman (Kruse)
Deleted from the Agenda.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. 2280 Stillwater Avenue (Lincoln Park Seniors)
a. Variance - 4 Stories
b. Variance - Area/Unit
c. Reduced Parking
d. Conditional Use Permit - 4 Stories
1. Manager McGuire presented the Staff report.
2. Harry Olson, Architect representing C.A.S.H., spoke on behalf of
the proposal.
. 3. The following persons expressed their views:
Tim Riemer, 875 No. McKnight Road
Mary Haglund, representing C.A.S.H.
Councilmember Juker read letters from: William P. Constinius, 840
No. McKnight; Karl and Eleanore Zmeidoph, 2307 Stillwater Avenue;
Laurie Thorson, 926 No. McKnight Road; and Gust Mondo, 946 No.
McKnight Road, opposing the proposal.
Matt Brockway, 918 McKnight.
William Robbins, 2277 Stillwater
Joe Boland, 131 Crestview Drive
Penny Hunt, Attorney for C.A.S.H.
4. Councilmember Bastian moved to approve the conditional use permit
subject to Staff recommendations 3 and 4 and moved to deny the
variance for 4 stories; variance for area/unit.
Seconded by Mayor Greavu.
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5. Councilmember Bastian withdrew his motion.
6. Mayor Greavu moved to table this item until after Item H-2 is
heard.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
2. Code Amendment: Shoreland Overlay District - 2nd Reading (4 Votes)
a. Director of Community Development Olson presented the Staff report.
b. Councilmember Bastian moved to approve the ordinance as amended.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
` Anderson and Bastian.
Nays - Councilmembers Juker and
Rossbach.
Motion failed.
c. Councilmember Rossbach introduced the following ordinance and moved its
adoption•
ORDINANCE N0, 628
AN ORDINANCE ALLOWING REDUCTIONS
IN SHORELAND DISTRICT STANDARDS
The Maplewood City Council hereby ordains as follows:
Section 1. Section 36-566 (j) is amended as follows:
(j) Reduction in development standards:
(1) Where a Shoreland property is: (a) separated from all protected
waters by a principal or major arterial roadway, as defined by the
Maplewood Land Use Plan, (b) the area does not drain directly to a
protected water, and (c) the visual impact of the area from the lake
surface is minimal, all applicable development standards may be re-
duced in restrictiveness by one protected waters classification.
(d.e., Property subject to Class III standards may be subject to
Class II development standards.)
i
(2) Not withstanding the maximum building height requirements in
Section 36-566 b and
( ) (c), the maximum building height shall not
exceed 42 feet from the street side for structures that would be at
least 80~ screened from view from at least 80~ of the shoreline of
a protected water during the summer.
(3) Minimum area-per-unit requirements in Section 36-566 (c) shall
not apply to developments that are at least 80~ screened from view
from at least 80~ of the shoreline of a protected water during the
summer, do not have frontage or private docking facilities on a
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protected water and which comply with impervious surface
requirements.
Section 2. This ordinance shall take effect upon its passage and
publication.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach.
Nay - Councilmember Juker.
1. 2280 Stillwater Avenue (Lincoln Park Seniors) Continued:
a. Variance - 4 stories
b. Variance - Area/Unit
c. Reduced Parking
d. Conditional Use Permit - 4 Stories
1. Mayor Greavu introduced the following resolution and moved its adoption•
88-7-105
WHEREAS, the Community for Affordable Senior Housing has requested
a reduction of required parking from 172 to 61 spaces (49 garage spaces
and 12 open spaces) at the following-described property:
That part of Tract A, Registered Land Survey No. 137, files
of Registrar of Titles, Ramsey County, Minnesota, described
as follows:
Beginning at the northeast corner of said Tract A; thence South 81
degrees 50 minutes 00 seconds West, along the north line of said
Tract A a distance of 40.42 feet; thence South 0 degrees 04 minutes
19 seconds West, parallel with the east line of said Tract A, a
distance of 216.17 feet; thence South 46 degrees 24 minutes 30
seconds West, a distance of 357.67 feet; thence South 48 degrees
26 minutes 55 seconds East a distance of 228.00 feet to the south
line of said Tract A; thence North 89 degrees 46 seconds 18 min-
utes East, along said south line, a distance of 127.93 feet to
the southeast corner of said Tract A; thence North 0 degrees 04
seconds 19 minutes East, along said east line, a distance of
619.26 feet to the point of beginning.
WHEREAS, the procedural history of this request is as follows:
1. This request was reviewed by the Maplewood Planning Commission
on May 2, 1988. The Planning Commission recommended to the
City Council that said request be approved.
2. The Maplewood City Council held a public hearing on July 11,
1988. Notice thereof was published and mailed pursuant to
law. All persons present at said hearing were given an oppor-
tunity to be heard and present written statements. The Council
also considered reports and recommendations of the City Staff
and Planning Commission.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
the above-described request be approved on the basis of the following
findings-of-fact:
a. The proposed parking space to unit ratios of .71 initially
and .95 if each of the "future" spaces is constructed, are
greater than the average of .49 spaces per unit found among
15 developments outside Maplewood that attract residents of
a similar age.
I b. Council has approved a reduced number of parking spaces for
each o£ the previously approved senior residences.
c. The code was adopted to regulate apartments designed for
families and does not _
address the reduced parking need for
senior housing.
` Approval is subject.to:
a. A perpetual, recordable easement for use of the 23 parking
spaces on the church's property, adjacent to the seniors
project, shall be submitted to the City. This easement shall
be recorded against the church property if the City Council
determines that there is insufficient parking. The easement
may be released by the Council one year after 95~ occupancy
of the building or anytime thereafter. If the church parking
proves inadequate, or the church refuses to grant an easement,
the City Council may require the construction of additional on-
site parking spaces.
b. Any spaces to be used on the church property shall be posted
as such.
c. Conversion to non-seniors housing shall be prohibited, unless
additional land is obtained to comply with density and parking
requirements.
Seconded by Councilmember Bastian. Ayes - all.
2. Councilmember Bastian moved to deny the request for a variance-
area/Unit and reduced parking.
Seconded by Councilmember Rossbach. Ayes - all.
3. Mayor Greavu moved to approve the Conditional Use Permit for 4 stories.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson and Rossbach
Nays - Councilmembers Bastian and Juker.
Motion failed.
4. Councilmember Rossbach introduced the following resolution and moved its
adoption•
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88-7-106
WHEREAS, the Community for Affordable Senior Housing initiated a
conditional use permit to build a 42-foot-high senior building at the
following-described property:
That part of Tract A, Registered Land Survey No. 137, files
of Registrar of Titles, Ramsey County, Minnesota, described
as follows:
i
Beginning at the northeast corner of said Tract A; thence
South 81 degrees 50 minutes 00 seconds West, along the north
line of said Tract A a distance of 40.42 feet; thence South
0 degrees 04 minutes 19 seconds West, parallel with the east
line of said Tract A, a distance of 216.17 feet; thence South
46 degrees 24 minutes 30 seconds West, a distance of 357.67
feet; thence South 48 degrees 26 minutes 55 seconds East a
distance of 228.00 feet to the south line of said Tract A;
thence North 89 degrees 46 seconds 18 minutes East, along said
south line, a distance of 127.93 feet to the southeast corner
of said Tract A; thence North 0 degrees 04 seconds 19 minutes
East, along said east line, a distance of 619.26 feet to the
point of beginning.
WHEREAS, the procedural history of this conditional use permit is
as follows:
1. This conditional use permit was reviewed by the Maplewood
Planning Commission on May 2, 1988. The Planning Commission
recommended to the City Council that said permit be approved.
2. The Maplewood City Council held a public hearing on July 11,
1988. Notice thereof was published and mailed pursuant to
law. All persons present at said hearing were given an oppor-
tunity to be heard and present written statements. The Council
also considered reports and recommendations of the City staff
and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
the above-described conditional use permit be approved on the basis of
the following findings-of-fact:
1. The use is in conformity with the City's comprehensive plan
and with the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be
detrimental to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated
to be compatible with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises,
glare, smoke, dust, odor, fumes, water pollution, water run-off,
vibration, general unsightliness, electrical interference or
other nuisances.
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6. The use would generate only minimal vehicular traffic on
local streets and shall not create traffic congestion,
unsafe access or parking needs that will cause undue bur-
: den to the area properties.
7. The use would be serviced by essential public services, such
as streets, police, fire protection, utilities, schools and
parks.
8. The use would not create excessive additional requirements
at public cost for public facilities and services; and
would not be detrimental to the welfare of the City.
9. The use would preserve and incorporate the site's natural and
scenic features into the development design.
10. The use would cause minimal adverse environmental effects.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach.
Nay - Councilmember Juker.
3. C.D.R.B. Appeal: Finamart (County Road B and White Bear)
a. Mayor Greavu moved to table until Augusdt 8, 1988 Meeting.
Seconded by Councilmember Bastian. Ayes - all.
4. Dege Garden Center
a. Manager McGuire presented the Staff report.
b. Mr. Dege requested the definition of vehicle storage on his property.
c. City Attorney Bannigan provided the definition and how it affects
Mr. Dege's permit.
d. No action taken.
I. NEW BUSINESS
1. "Garbage Houses"
a. Manager McGuire submitted a report on "garbage Houses" as requested by
Council.
b. No action taken.
2. Cottages of Maplewood
a. Manager McGuire presented the Staff report.
b. Mary Ippel, Briggs and Morgan, bonding consultant, spoke on behalf of the
proposal.
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c. Councilmember Bastian moved to agree with the Community Development
Block Grant financing without the necessity of a letter of credit.
Seconded by Councilmember Rossbach. Ayes - all.
3. Appointment to East Community Family Center
a. Manager McGuire stated Councilmember Gary Bastian announced his resig-
nation from the Board of the East Communities Family Center at the last
City Council Meeting.
b. Mayor Greavu moved to appoint Councilmember Anderson to the Board of the East
Communities Family Center.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Bastian and Rossbach.
Nay - Councilmember Juker.
Councilmember Anderson abstained.
4. McKnight Road Phase 2, Project 87-04, Schedule Public Hearing.
a. Manager McGuire presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
88-7-107
WHEREAS, the City Engineer for the City of Maplewood has been authorized
and directed to prepare a report with reference to the improvement of McKnight
Road between Larpenteur Avenue and Holloway Avenue,' City Project 87-04 by con-
struction of street with concreet curb and gutter, storm sewer, utility re-
construction and appurtenances, and
WHEREAS, the said City Engineer has prepared the aforesaid report for
the improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
1. The report of the City Engineer advising this Council that the
proposed improvement on McKnight Road between Larpenteur Avenue
and Holloway Avenue, City Project 87-04 by construction of street
with concrete curb and gutter, storm sewer, utility reconstruction
and appurtenances is feasible and should best be made as proposed,
is hereby received.
2. The Council will consider the aforesaid improvement in accordance
with the reports and the assessment of benefited property for all
or a portion of the cost of the improvement according to MSA
Chapter 429, at an estimated total cost of the improvement of
$73,752.63.
3. A public hearing will be held in the Council Chambers of the
City Hall at 1830 East County Road B on Monday, the 8th day of
August, 1988, at 7:00 P.M., to consider said improvement. The
City Clerk shall give mailed and published notice of said hearing
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and improvement as requirsi by law.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
5. Ferndale Street Storm Sewer, Project 87-20 - Approve Plans
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption•
88-7-109
WHEREAS, pursuant to resolution passed by the City Council on May 23,
1988, plans and specifications for Ferndale Street Storm Sewer, Project
87-20, have been prepared under the direction of the City Engineer, who
has presented such plans and specifications to the Council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD; MINNESOTA:
1. Such plans and specifications, a copy of which are attached
hereto and made a part hereof, are hereby approved and ordered
placed on file in the office of the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the
official paper and in the Construction Bulletin an advertise-
ment for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall
be published twice, at least ten days before the date set for
bid opening, shall specify the work to be done, shall state
that bids will be publicly opened and considered by the Council
at 9:30 A,M., on the 5th day of August, 1988, at the City Hall
and that no bids shall be considered unless sealed and filed
with the Clerk and accompanied by a certified check or bid
bond, payable to the City of Maplewood, Minnesota for five
percent of the amount of such bid.
3. The City Clerk and City engineer are hereby authorized and
instructed to receive, open, and read aloud bids received at
the time and place herein noted, and to tabulate the bids
received.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
6. Sterling Street Water Main, Project 87-45 - Approve Plans
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption: -
88 - 7 - 110
WHEREAS, plans and specifications for grading and water main to the
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elevated tank on Sterling Street, Project 87-45, have been prepared
under the direction of the City Engineer, who has presented such plans
and specifications to the Council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached
hereto and made a part hereof, are hereby approved and ordered
placed on file in the office of the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the
official paper and in the Construction Bulletin an advertisement
for bids upon the making of such improvement under such approved
plans and specifications. The advertisement shall be published
twice, at least ten days before the date set for bid opening,
shall specify the work to be done, shall state that bids will
be publicly opened and considered by the Council at 9:00 A.M.,
on the 5th day of August, 1988, at the City Hall and that no
bids shall be considered unless sealed and filed with the Clerk
and accompanied by a certified check or bid bond, payable to the
City of Maplewood, Minnesota, for five percent of the amount of
such bid.
3. The City Clerk and City Engineer are hereby authorized and in-
structed to receive, open, and read aloud bids received at the
time and place herein noted, and to tabulate the bids received.
The Council will consider the bids, and the award of a contract,
at the regular City Council meeting of August 8, 1988.
Seconded by Councilmember Rossbach. Ayes - all.
7. McKnight Road Phase 3, Project 87-OS - Approve Plans
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
88-7-111
WHEREAS, Ramsey County has prepared plans for reconstruction of
McKnight Road within Maplewood from Conway Avenue to 1200 feet north
of Stillwater Road.
WHEREAS, the City Engineer has reviewed such plans and presents said
plans to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
The plans for reconstruction of McKnight Road from Conway Avenue
to 1200 feet north of Stillwater Road, State Projects 62-668-26,
62-668-30 and 6230-24, City Project 87-05, are approved. This
approval is independent of proposed cooperative agreements for
the construction of this project.
Seconded by Councilmember Juker. Ayes - all.
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8. Five Year Capital Improvement Plan
a. Mayor Greavu moved to table to later Agneda.
Seconded by Councilmember Anderson. Ayes - all.
9. Animal Prize Ordinance - 2nd Reading
a. Manager McGuire presented the Staff report.
b. Councilmember Bastian introduced the following ordinance and moved its
adoption•
ORDINANCE N0. 629
ITINERANT SHOWS AND CARNIVALS
Section 6-90. Definition. Itinerant carnival. "Itinerant carnival"
means any street show, street fair, side show, circus, or other similar
enterprise which is held, operated, or carried on in an open or indoors,
upon or within any public or private ground, at which there congregates
and assembles, with or without the payment of an admission fee, a gathering
of people as spectators or otherwise.
Section 6-91. Licensing of itinerant shows. The Maplewood City Council
or other public authority shall issue licenses or permits or any other grant
of authority permitting the operation or carrying on of any itinerant carnival
within the limits of the City of Maplewood only after the applicant has ob-
tained written consent thereto of the City Council of Maplewood.
Section 6-92. Restrictions on licensing of itinerant shows. A license
or permit or any other grant of authority permitting the operation or carrying
on of any itinerant carnival within the Maplewood City limits may only be
granted after parties requesting the license or permit have proven to the
City Council that their itinerant show has and will follow and be in accord
with all applicable Maplewood ordinances and Minnesota Statutes.
Section 6-93. Licenses or permits void. Any license, permit, or other
grant of authority issued or made in violation of the provisions of Sections
6-91 through 6-92 shall be absolutely null and void.
Section 6-94. Shows prohibited without license. No person shall operate
or attempt to operate or carry on any itinerant carnival within the corporate
limits of the City of Maplewood without license or permit lawfully granted
under the restrictions provided in Sections 6-91 through 6-92. Any person
violating any of the provisions of this Section shall be guilty of a mis-
demeanor; and any such enterprise operated without license or permit as
herein prescribed is hereby declared to be a public nuisance.
Any person which is licensed or permitted to operate or attempt to
operate or carry on any itinerant carnival within the corporate limits of
the City of Maplewood which is found to have violated any Maplewood City
ordinance or Minnesota statute shall have its license or permit immediately
cancelled.
Seconded by Councilmember Anderson. Ayes - all.
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c. Councilmember Bastian introduced the following ordinance and moved its
adoption•
ORDINANCE N0. 630
RESTRICTIONS ON THE GIVING AWAY OF ANIMALS AS PRIZES
AT CARNIVAL, CIRCUSES, OR ANY OTHER SOCIAL GATHERINGS.
Section 7-211. Definitions. For the purpose of this Article, the
following words, terms and phrases shall have the following respective
meanings ascribed to them:
1. Pet or companion animal. "Pet" or "companion animal" means a
non-human mammal, bird, or reptile possessed by, cared for, or controlled
by a person for the present or future enjoyment of that person or another.
Section 7-212. Animals forbidden to be used as prizes. No pets or
animals shall be offered or given as a prize, premium, or advertising device,
to any individual person unless sold by a person, firm, partnership or cor-
poration engaged in the business of selling animals for agricultural or wild-
life purposes.
Section 7-213. Exceptions. Sections 7-211 through 7-212 do not apply
to the care, treatment, sale or giving away of an agricultural, sport or
farm animal which is used for food, sport or other product or any other
agricultural or farm use.
Section 7-214• Violations and Penalties. Except where otherwise indi-
cated, a person found guilty of failure to comply with a provision of Sections
7-211 to 7-212 is guilty of a misdemeanor.
Seconded by Councilmember Anderson. Ayes - all.
J. VISITOR PRESENTATIONS
None.
K. COUNCIL PRESENTATIONS
1. Reconsideration of Recycling
a. Councilmember Anderson moved to reconsider the recycling procedures.
Seconded by Councilmember Juker. Ayes - all.
2. Water on Castle Avenue
a. Councilmember Anderson stated the residents on Castle Avenue are interested
in having water installed.
b. Staff suggested they petition for a water improvement.
3. Footprint Lake
a. Councilmember Juker stated Footprint Lake was in a cluttered mess and
should be cleaned up.
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b. Councilmember Anderson moved to have Staff investigate cleaning up
Footprint Lake.
Seconded by Councilmember Juker. Ayes - all.
4. Manager's Meeting
a. Councilmember Juker suggested a manager's meeting be held.
b. A date of July 21, 1988, was established and the Agenda would include
the Capital Improvement Plan and Manager's Meeting.
5. Phalen Path
a. Councilmember Juker questioned speed limits on park paths.
b. Councilmember Juker moved to refer this to Staff for investigation.
Seconded by Councilmember Bastian. Ayes - all.
L. ADMINISTRATIVE PRESENTATION
1. Sterling Street Financing
a. Ken Haider presented the Staff report.
b. Mayor Creavu introduced the following resolution and moved its adoption•
88-7-112
BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the watermain from
the termination of Sterling Street South to the District 8 Water Tank be
financed by funds from the unallocated balance of the Hydrant Fund.
Seconded by Councilmember Anderson. Ayes - all.
M. ADJOURNMENT
10:25 P.M.
City Clerk
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