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HomeMy WebLinkAbout1971/03/29 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA March 29 , 1971 1 . CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Howard at 8 : 06 p . m . 2 . INVOCATION Invocation was given by Rev . Ralph Erickson of the Prince of Peace Lutheran Church . 3 . ROLL CALL The following Councilmen were present at roll call : Frank Fleetham Murray Galinson Richard Graves James Heltzer Robert Reynolds Leonard Thiel Frank Howard Also present were the City Manager , City Attorney , Assistant Planning Director , Assistant City lvlanager , Director of Public Works , and Secretary . 4 . MINUTES On motion of Councilman Thiel , seconded by Councilman Galinson , the minutes of the regular meeting held March 22 , 1971 and special meeting held March 16 , 1971 , were approved by a seven yea vote . 5 . PUBLIC HEARINGS (a ) IMPROVEMENT NO, 71 - 01 , PAVING , CURB AND GUTTER , SIDE - I WALK REPAIR AND MISCELLANEOUS CONTINGENT UTILITIES , ALL STREETS LYING• SOUTH OF EXCELSIOR BOULEVARD AND EAST OF T . H . 100 , NOT INCLUDED IN IMPROVEMENT NO. 69 - 021 AS DESCRIBED IN NOTICE OF BEARING PUBLISHED MARCH 18 AND MARCH 250 1971 . Mayor Howard opened the hearing . The Director of Public Works explained the area to be included in the proposed project and the type of construction to be used . 85 Council Minutes , March 29 , 1971 5 . ( a ) Mr . Daniel Ntotzko , 4129 Wooddale Avenue , had questions ncerna the cost of driveway aprons which were properly co g Who also explained the policy for answered by the k., ity Assessor ) ro ect . assessing and financing the pro osed project * rson , 4370 Wooddale Avenue , asked if there were Mr . Stanley Pete an reasonable estimates of projected savings in completing this Y The Director of project as they relate to maintenance costs * funds would Public Works indicated that about $ 36 , be saved over the life of the project . Mr . Bob White , 4281 Ottawa Avenue , explained that he had surveyed the 4100 and 4200 blocks on Ottawa and that there were 80 jo against and 20 % for the proposed improvement . He said it was a question of priorities . Messrs . Wellington Tully , Ron Hansen ; Ted Menges , Bob Knudson , Brian Butler , Dan lviotzko , Stan Olson , Jim Emanuel , Stan Peterson., Dan Tobin , Winges , Carl Richter , David Jones , and Bob Knudson took surveys in their immediate areas with results similar to those of Bob White . Tvir , O. C . Christopher , 4029 Wooddale Avenue , asked about the widening of Wooddale Avenue and expressed concern for the trees . He also felt there should be permanent stop sign by the church on 40th Street . Mrs , George Borgen , 5250 West 41st Streets , speaking for people on the cross streets said they did not wart the improvement , only minimum repair . Mr . Bruce Henderson , 4261 Ottawa Avenue , explained that he would like gutters left as they are and the streets repaired . Mr . Lynn Broste , 4225 Salem Avenue , spoke against the project for the 4200 block of Salem . Mr . Harold Christensen , 4717 West 40th Lane , said that in this two blocks new facilities had been installed within the last ten years and was against that portion of the proposed project . Nir . A . L . Stanchfield , owner . of rental property on Wooddale Ave """ spoke in opposition pposition to the improvement . I Mr . Bill Meyers , 4240 Toledo Avenue felt curbs and sidewalks should be repaireded • put was o pposed to the project as propos 86 Council Minutes , March 29 , 1971 5 ( a ) Mr . Wellington Tully , 4337 Mackey , indicated that his neighbors were 80 % opposed to the project . Mr . Tom Reiersgord , 4500 West 44th Street , speaking for residents on Glenn Place , expressed opposition to the project as proposed . Mr . Ted Rudy , 3825 Lynn Avenue - spoke favorably concerning the improvement that was completed in his neighborhood last year and said he felt the longer people waited , the more it would cost . Mr . Peter Rosko , 2811 Ptinceton Avenue , spoke concerning the economy of the proposed improvement as It relates to maintenance costs . Mr . Rubin Lindell , , 4312 Brook Avenue , indicated his opposition to sidewalks for the area . Mr . Sidney Lorber , 2743 Raleigh Avenue , offered several comments concerning the economics of the project . Mr . Emil Adams , 4213 Wooddale , chairman of all the committee ' s spokesmen , summed up the results of the surveys taken and indicated that the majority of people opposed the project as proposed and that if the improvement is ordered there should be contingencies in the motion so that only work absolutely necessary would be done . Mr . Ray Drake , 4018 Raleigh Avenue , spoke in favor of the proposed project . Mr . Frank Pucci , 2837 Quentin Avenue , was in opposition . Harold Love , 4020 Wooddale Avenue ; IVir . Jerry Murphy , 4382 Dart ; : David Richert , 2830 Ottawa Avenue ; Warren Beale , 4324 Test 44th Mrs . Vincent Nelson , 4805 West 40th Lane , had specific questions which were answered by staff and Council . Mr . John Sponsel , 4225 V:' ooddale , requested that the Chair frame a motion . There being no one else wishing to speak , Mayor Howard closed the hearing . RESOLUTION NO . 4185 It was moved by Councilman Reynolds , to waive reading and adopt Resolution No . 4185 entitled , " Resolution Ordering Improvement and Preparation of Plans Improvement No . 71 - 01 . " Councilman Heltzer seconded the but excluding Vilest 40th Lane , 87 Council Iv,.inutes , Iviarch 29 , 1971 oved to amend to exclude Dart ''venue • Gans m , 5 . ( a ) motion . Councilman is MO failed for lack of a second . After and Glenn Place . Th moved to amend to exclude Dart and � Galins on discussion Councilman ain failed for lack of a second . Councilman Glenn Place . The motion ag resolution the removal of Reynolds moved to include in the original ' ooddale . Councilman Heltzer accepted this as the widening of Vnded the motion . Vote on the motion carried 6 - 1 , the one who sec o Councilman Graves voting nayo Reynolds indicated that it was his understanding aretain the Councilmany yeffortgood motion that staff would make survey and ever e . curbing and paving that might ex2st at the presen (b ) INiPROVENiENT NO. 62 - 27 , CONSISTING OF GRADING , PAVING , CURBING , CONSTRUCTION OF STORM SEWERS ) SIDEWALKS ) RETAINING WALLS , AND BRIDGE STRUCTURES ON LOUISIANA AVENUE BETWEEN EXCELSIOR BOULEVARD AND OX ARCH ORCD�ST81UEET , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AND MARCH 25 , 1971 Mayor Howard opened the hearing . The City Manager and Director of Public Works explained the nature of the proposed project , the construction , and land acquisition . Mr . William Howard , attorney representing John Smith , property owner in the area , expressed opposition to the project . Mr . Richard Huffman , representing the Chicago , Milwaukee , St . Pain and Pacific Railroad , also spoke in opposition to the project . Nr . Marvin L. Firgestad , 3900 Louisiana Circle South , questioned the assessment . He was told that costs were not yet available . There being no one else present wishing to speak , the Mayor declared the hearing closed . RESOLUTION NO , 4186 It was moved by Councilman Thiel , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4186 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No . 62 - 27 . " The motion carried 6 - 0 . ( Councilman Galinson was out of the Chambers ) • (c ) IMPROVEMENT NOS , 68 - 12 AND 70 - 08 CONSISTING OF CJRADING, PAVING , CURB AND GUTTER , AND TRAFFIC SIGNALS ON AQUILA AVENUE BETWEEN TARGET ROAD AND WEST 36TH 88 Council IVdnutes , March 29 , 1971 5 , ( c ) STREET , AND ON WEST 36TH STREET BETWEEN THE GREAT NORTHERN RAILROAD TRACKS AND AQUILA AVENUE , AS DESCRIBED IN NCTICE OF HEARING PUBLISHED MARCH 18 AND MARCH 25 , 1971 Mayor Howard opened the hearing . The City Manager and Director of Public Works explained the location and construction of the proposed project . Mr . A . W . Lampe , 3924 Dakota Avenue , owner of property in the area , indicated he was vitally interested in the proposed project and would like to examine the assessment aspect . Fie was told that this information would be available at the time of the assessment hearing . Since some property owners had not been included in the notices sent calling the hearing , Councilman Reynolds moved to readvertise and set hearing for April 26 , 1971 , Councilman Graves seconded and the motion carried 7 - 0 . (d ) IMPROVEMENT NO. 70 - 461 ALLEY PAVING FROM WEST 26TH STREET TO WEST 27TH STREET BETINEEN WEBSTER AVENUE AND XENWOOD AVENUE AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MARCH 18 AND MARCH 2519 1971 . Mayor Howard opened the hearing . Mr . Al Johnson , 2612 Webster Avenue ; Mr . Harlan Jaeggi , 2621 Xenwood Avenue ; spoke against the proposed alley paving . Mr . Eugene Geelan , 2648 Webster Avenue ; Mr . Robert Gullifer , 2628 Webster Avenue ; Mr . Al Zuchman , 2613 Xenwood Avenue ; and Mr . Doug Gullifer , 2608 Webster Avenue , spoke in favor of the project . Mr . Jones , Director of Public Works , said that since some residents had removed their names from the petition less than 50 % were in favor of the improvement . In view of the problems on this alley , Councilman Fleetharn moved to table . Motion was seconded by Councilman Reynolds and carried 7 - 0 . Since a minority of the property owners favored the alley paving , residents asked better maintenance in order to keep the alley passable . ( e ) PROPOSED ORDINANCE PROHIBITING THE SALE OF CERTAIN NON - RETURNABLE DISPOSABLE BEVERAGE CONTAINERS , PROVIDING FOR THE REDr. MPTION OF RETURNABLE CONTAINERS i 89 Council Minutes , March 29 , 1971 5 . ( e ) PROVIDING FOR INSPECTIONS , AND PROVIDING PE NAZ.•TIES FOR AS DESCRIBED IN NOTICE OF HEARINGPUBLISH�, D VIOLATIONS � MARCH 4 AND MARCH 11 , 1971 Mayor Howard opened the hearings Councilman Heltzer explained the basic provisions of the proposed ordinance . A show of hands was requested from those opposing the ordinance and none were raised . Mr . Larry Redmond , President of the St . Louis Park Student Council , and IV� ike Stutzer , also of the High School , spoke in favor of the proposed ordinance as a means of conserving natural resources and lessening the problem of solid waste disposal . Mr . Darrell Thayer of MECCA spoke on the energy crisis as it pertains to manufacture of containers and washing returnable bottles . He said this type of ordinance would start changing the tide of American life for lower energy demands . Mr . Roger Pohl , 6924 Meadowbrook Boulevard , represented 75 people who signed the petition Sunday morning in about one - half hour at Union Congregational Church . die said people indicated to him that they were in favor of recycling . Mr . Ken Anderson , 3737 Oregon Avenue , spoke in favor of the ordinance and the recycling process . Mr . Jim IvAller , President of the Chamber of Commerce , s aid two committees studied the proposed ordinance and are opposed because they felt it should be passed on the state level , because of the economic impact on St . Louis Park business , because it singles out only two industries and two products , does not cover all products in same types of containers , and does not cover other products available in non - returnable containers . Mr . Sorbel , 4433 Penn Avenue North , operator of the Park Quik Shop , said he felt the ordinance is discriminatory against the merchants . lair . Dick Reiss , 6900 West Lake Street , also spoke against the proposed ordinance , and in favor of more education concerning the littering problem . Mr . Ken Saari , Twin Cities Seven - UP , P g spoke against the ordinance because it is only against beverage bottles and cans . He was in e favor of recycling . He also indicated that returnable bottles ar not being returned . 90 Council Minutes , March 29 , 1971 5 . Mr . Joseph Howells Continental Can , and Mr . Gordon Neilsen , Brockway Glass , also spoke against the proposed ordinance , as did Mr . Robert Chapin , American Can ; Robert Grodahl , 2370 Webster , Grainbelt ; and Greg Hanson , 8230 Westwood Hills Curve , Grainbelt . There being no one else present wishing to speak , the Mayor declared the hearing closed . Councilman Heltzer asked if any of those supporting the proposed ordinance on a state - wide basis were supporting it in the Minnesota State Legislature . None indicated that they were but the Chamber said they felt they should consider this action . After discussion , Councilman Galinson moved that ( 1 ) Council go on record supporting state wide legislation prohibiting use of non - returnable bottles of all kinds , shapes , and nature ; ( 2 ) Council inform IV innesota State Legislature through our elected officials that unless they pass such legislation at this session the City will be compelled to pass a local ordinance and encourage all other municipalities to do the same ; and ( 3 ) that Council establish a sub - committee of two Councilmen to be appointed by the Mayor , two students to be appointed by the President of the Student Council , two businessmen to be appointed by the Mayor , and one staff member to be appointed by the City Manager . �he vote on Part 1 of the motion was seconded by Councilman Reynolds and carried unanimously . The second part was seconded by Councilman Graves and carried 4 - 3 , Councilmen Reynolds , Thiel , and Fleetham voting nay . Part 3 was seconded by Councilman Fleetham and carried 4 - 3 , Councilmen Reynolds and Heltzer and Mayor Howard voting nay . Councilman Reynolds moved to table the proposed ordinance . Councilman Galinson seconded and the motion lost 3 - 3 - 0 , Councilmen Heltzer , Graves , and Thiel voting nay and Councilman Fleetham abstaining . Councilman Heltzer moved to waive second reading and adopt the proposed ordinance . Councilman Graves seconded and the motion was defeated 3 - 4 , Councilmen Thiel , Fleetham , Galinson , and Mayor Howard voting nay . 69 PETITIONSREQUESTS - AND C OIViIv1UNICA TIONS I None j 7 ' RESOLUTIONS AND ORDINANCES INTorie 91 ' Council Iv.Linutes , march 291 1971 ERS , BOARDS , AND COMMITTEES 8 * REPORTS OF OFFIC None 9 . UNFINISHED BUSINESS PAVING , CURB AND GUTTER , ( a ) IMPROVEMENT NO. 71 - 05 , viISCELLANEOUS CONTINGENT UTILITIES SIDEWALK REPAIR AND IN AREA BOUNDED IN GENERAL BY T . He 100 , INGLEWOOD AVENUE , MINNETONKA BOULEVARD AND WEST 26TH STREET ( HEARING CLOSED MARCH 15 ) 1971 - ACTION DEFERRED TO MARCH 29 , 1971 ) Mr . Jim Meyers , 2820 Ottawa Avenue , made remarks about the current economy and suggested a review of the program . Mrs . Arthur Ingersoll, 2815 J oppa Avenue , spoke in favor of the proposed project and supported the Capital Improvement Program . Peter Rosko , 2811 Princeton Avenue , discussed maintenance costs . Edward Brouse , 2810 Ottawa Avenue , said there would be considerable maintenance cost on new streets . Councilman Fleetham said he felt it important to make improvements in this area at this time . He suggested staff look over the area and consider curbs or pavement that can be preserved . It was moved by Councilman Fleetham , seconded by Councilman Heltzer , to waive reacting and adopt resolution ordering improvement. Motion was defeated 5 - 2 , Councilmen Galinson and Graves voting nay . ( Needs six votes to pass ) . Councilman Reynolds moved to reconsider Improvement No . 71 - 01 . Councilman Heltzer seconded but no vote was taken on the motion. Councilman Thielfailed for moved to table . Motion , lack of a second . 10 . ADJOURNMENT On motion of Councilman Heltzer , seconded by Councilman Thiel , the meeting was adjourned at 2 : 45 a . m . by a six yea vote . ( Gouncilxnan Galinson was not present ) . i Attest : Mayor rank J . rd , i i f Alice Me Carlson , Secretary � 92