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Home My WebLink About1969/09/29 - ADMIN - Minutes - City Council - Regular (2) N.' INUTES OF CITY COUNCIL MEETING ST . LOTTIS PARK , ivIINNESOTA September 29 , 1969 1 . CALL TO ORDER A regular meeting of theCity Council was called to order by Iv'a or Thiel at 8 : 25 p . m . Y 2 , INVOCATION Invocation was given by Councilman Frank Howard . 3 , ROLL CALL The following Councilmen were present at roll call : Murray Galinson Richard Graves James Heltze r Frank Howard Richard Koch Robert Reynolds Leonard Thiel Also present were the City Manager , City Attorney , City Assessor , Planning Director , Director of Public Works , and Secretary . 4 . MINUTES On motion of Councilman F-ioward , seconded by Councilman Koch , the minutes of the regular meeting held September 22 , 1969 , were approved by a seven yea vote with the following correction : Page 285 , Item 10 ( a ) , " . . . Councilman Galinson moved to table . " ' • PUBLIC HEARINGS ( a ) PROPOSED ASSESSW'E NT FOR IMPROVENviENTS COMPLETED WITHIN THE CITY , AS DESCRIBED IN NOTICE OF HEAAING PUBLIShF. D SEPTEMBER 119 1969 • Mayor Thiel opened the hearing . Nr . Frank Prout , 5201 wvVest 28th Street , questioned the cost of the water main , Improvement No . 67 - 32 . V ' s George Zimmer , 2936 Alabama Avenue , questioneddhe fact now that he had previously been assessed for storm sewer beiment No . 67 - 58 . �'' r • ng assessed for storm sewer ► improve Rudolph Aberg , 2944 Blackstone , expressed the same concern . 295 Council Minutes , September 29t 1969 orks explained the project an 5 � (a ) The Director of Public City Assessor , the assessmentPolicy . d the Mir . Leon Comeau , 2856 Jersey Avenue , had complaints about the Direct of Public Works told him that he work was done and the D y and inspect the area which he felt was not prop would meet him a P ispleased with the completed * �* r . Comeau was also d amount of the assessment . rovement 3545 Yukon Avenue , was interested in sodding work No . 65 - 01 , complain Mr . Jim Vloog , quality ed about the q y of sidewalk an ithheld from t that was done . He wascess told that money had been wof being correced * contractor and that the work was in the pro T 45 Zinran , questioned the assessment policy and Mr . M . Yr T7� T . hill , 3 5 it was explained to him by the City Assessor . John Brooks , 4330 Highway No . ? , was interested in Improvement No . 66 - 77 . It was his feeling that the cost of the assessment e is much greater than the benefit derived . There was dime dimension of the between 1\atr . Brooks and staff members as to what ith the City lot should be used in calculating front O ° awlly platted to face Lynn Assessor explaining that the lot w Avenue . There being no one else present interested in any of the other im rovements included in this assessment hearing , lVayor Thiel P declared the hearing closed . Councilman Howard moved to continue hearing on Improvement motion 62 - 65 to October 6 , 1969 , Councilman Graves seconded and carried unanimously . RESOLUTION NO. 3834 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3834 entitled , " Resolution Adopting Assessment " . k1otion carried unanimously . (b ) PROPOSED VARIANCE FROM PROVISIONS OF SECTION 6 : 094 . 5 OF ZONING ORDINANCE. TO PERMIT CANOPY IN THE SETBACK AREA AT 3200 VIRGINIA AVENUE , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 11 , 1969 ( CASE NO. 69- 38 - VAR . ) REQUESTED BY SAM SEGAL AND ChARLES V: AISS ( CONTINUED FROM SEPTEMBER 22 , 1969 ) . Mr . Charles Vlaiss , one of the owners of the building , was preSent 296 t _� Council Minutes , September 29 , 1969 5 . (b ) urging Council that the canopy constructed in the setback area be allowed to remain . He presented a document to Council which would give the City permission to remove any portion of the structure , since it was built over an easement . There being no one else present who wished to speak to this matter , Mayor Thiel declared the hearing closed . It was moved by Councilman Heltzer , seconded by Councilman Howard , to waive reading and adopt resolution granting variance . Councilman Reynolds asked the City Attorney if there was any legal way to grant this variance . When the City Attorney told him he knew of no legal way , Councilman Reynolds indicated that he would be opposed to the motion . Upon questions of Councilman Koch concerning determination of what constitutes a hardship the City Attorney told him that the facts are defined in the ordinance . After discussion , Councilman Heltzer withdrew his motion and Councilman Howard his second . Councilman Galinson moved to table . Councilman Heltzer seconded and the motion carried 5 - 2 , Council - man Reynolds and Ir�' ayor Thiel voting nay . Councilman Howard moved that the question of canopies be sent to the Planning Commission with the recommendations of the Planning Director as to which districts , what size , etc . , and if they feel canopies should be permitted in R - 4 and above districts . Councilman Graves seconded and the motion carried unanimously . It was the feeling of some of the Councilmen that any legal action pending should be held in abeyance until a decision is made concerning canopies . 6 . PETITIONS , REQUESTS , AND COif` h" UNICATIONS None 79 RESOLUTIONS AND ORDINANCES ( ) SECOND READING G OF PROPOSED ORDINANCE RELATING TO I LICENSING AND REGULATING SALES OF INTOXICATING LIQUOR AND AMENDING THE ST , LOUIS PARORDINANCE " DEFINITIONCODE , IN SECTIONS 2 : 1301 , SUBD . (k ) EN APPLICATION FOR OF TERMS " ; SECTION 2 : 1303 ENTITLED ( q, AND ( m1 . LICENSES " ; SECTION 2 : 130 ? , SURDS ( a ) , (b ) ' ENTITLED " CONDITIONS OF LICENSPE11 # 297 • September 29 : X969 Council meeting , P ORDINANCE NO• 1077 7 . ( a ) - ers seconded by Councilman It was moved by Councilman Helt and adopt Ordinance No . 1077 Graves , to waive second reading entitled , " An Ordinance Relat ; ng to Licensing and Regulating Sales toxicatin Liquor and .mending the St . Louis Park Ordinance Terms • ' of In g k Entitled ' Def1 1 ion , Code , In Sections 2 ; 1361 , Subd . (k ) • ` Section 2 : 1307 Section 2 : ]. 303 , Entitles? ' Appiic, ation For Licenses , Subds a . b '` : ( f ) a,: a lili ) � z -atitled Conditions of License ' : ' Motion ( ) . ( � carried unanimously . b SECOND READING OF PROPOSED ORDINANCE REGULATING SALES ( ) T Y UOR TO INTOXICATED PERSONS OF NON - IN �I' OXICA 'l' I1�TG DIAL - Ll AND ALLOWING CERTAIN MINORS TO BE EMPLOYED WHERE NON � INTOXICATING 17" LT LIQUOR IS SOLD , AMENDING THE ST . LOUIS PARK ORDINANCE CODE IN SECTION 2 : 108 ( a ) , i � I0N, S �:: F LICENSE AND REGULATIONS ; ENTITL% D " C011D SALES TO MINORS PR U' iIBI 'r': E D " . ORDINANCE NOv 1078 It was moved by Councilman Heitzer , seconded by Councilman Graves , to waive second reading and adopt Ordinance No . 1078 entitled , " An Ordinance Regulating Sales of Non - Intoxicating Malt Liquor to Intoxicated Pei sons and Allowing Certain Minors to be Employed Where Non - Tntoxicating Ivsalt Liquor is Sold , Amending the St . Louis Park Ordinance Code in Section 2 : 108 ( a ) , entitled � � ' Conditions of License and Regulations ; Sales to Iv,inors Prohibited ' . " Motion carried unanimously . (c ) SECOND READING OF PROPOSED ORDINANCE RELATING TO EMPLOYMENT OF MINORS IN PLACES WHERE INTOXICATING LIQUOR AND BEER ARE SOLD , AMENDING SECTION 4 : 854 OF THE ST , LOUIS PARK ORDINANCE CODE , AND ORDINANCE NO. 920 ENTITLED "AN ORDINANCE REGULATING SALES OF INTOXICATING LIQUOR AND BEER TO MINORS " . ORDINANCE NO. 1079 It was moved by Councilman Galinson , seconded by Councilman Reynolds , to waive Second reading and adopt Ordinance No . 1079 entitled , " Ordinance Relating to Employment of Minors in Places Where Intoxicating Liquor and Beer are Sold , Amending Section 4 : 854 of the St . Louis Park Ordinance Code , and Ordinance No . 920 , entitled ' An Ordinance Regulating Sales of Intoxicating Liquor and Beer to Minors ' e " Motion carried unanimously . 298 i Council Minutes , September 29 , 1969 8 . REPORTS OF OFFICERS , BOARD , AND COMMITTEES (a ) REPORT OF ENGINEERING DEPARTMENT RELATIVE TO IMPROVEMENT N04 66 - 73 (STAGEII ) SURFACING AND GRADING , WEST 36TH STREET FROM TARGET STORE ENTRANCE TO THE WEST SIDE OF THE GREAT NORTHERN RAILWAY RIGHT - OF - WAY , RESOLUTION NO. 3835 It was moved by Councilman Heltzer , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 3835 entitled , " Resolution Authorizing Street Construction by City Forces , Improvement No . 66 -- 73 , " Notion carried unanimously . (b ) MINUTES OF PLANNING COMMISSION MEETING HELD SEPTEMBER 17 , 1969 . Upon hearing no discussion , Mayor Thiel ordered the minutes to be received for filing . (c ) TIINUTES OF CITIZENS ADVISORY COMMITTEE MEETING HELD SEPTEMBER 11 ; 1969 . Upon hearing no discussion , Mayor Thiel ordered the minutes to be received for filingo 9 . UNFINISHED BUSINESS (a ) REQUEST OF SAM SEGAL AND CHARLES WAI .FOR AMENDMENT TO SPECIAL PERMIT TO ALLOW WHICH HAS BEEN CONSTRUCTED IN SETBACK AREA , IN ZONING ORDI - ACCORDANCE WITH SECTION 6 : 092 . 1 OF THE NANCE , AT 3200 VIRGINIA AVENUE ( CASE NO. 69 - R 22 . 1969 )- ( DEFERRED FROM SEPTEMBER 8 AND SEPTENiBE ' C Reynolds moved to table . Councilman Graves seconded Councilman an R yn and the motion carried unanimously . 10 • NEW BUSINESS Block 4 , Westmoreland ( a ) LAND ACQUISITION - Lots 4 ? and 8 , Park - for Park purposes - y olfe Park * seconded by Councilman Councilman Graves , file same for It was moved by Co , � Reynolds , to accept deed and order City Clerk to , Ilk record . Motion carried unanimously . , r �� 299 Council 1Viinutes , September 29 , 1969 11 . MISCELLANEOUS ( a ) SEMINAR - SCHOOL AND CITY ADMINISTRATORS Councilman Heltz er moved that the City Manager be authorize • s s 0 in Mankato on November 10 and 1 Council to attend this s e man Graves seconded and the motion carried unanimous y . 12 . AND CONTRACT PAYMENTS CLAIMS , APPROPRIATI ONS , ( a ) CONTRACT PAYMENT P rovement No . 62 - 85 , Final Payment - City of I��inneap ° list enue t Lake Calhoun ) - Storm Sewer (Stage I - France Av $ 51 149 . 13 . RESOLUTION NO . 3836 It was moved by Councilman Reynolds , seconded by Councilman ed , 3836 e Graves , to waive reading and adopt Resolution ° I France " Resolution Accepting Work on Storm Sewer 2 _ . Motion Avenue to Lake Calhoun ) , Improvement Noe carried unanimously . 13 . ADJOURNMENT On motion of Councilman Reynolds , seconded by Councilman Heltzer , the meeting was adjourned at 10 : 25 p . m . by a seven yea vote . Le and J . T el , Mayor Atte s t : C Alice M. Carlson , Secretary 300