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06-30-53 Special MeetingSPECIAL MEETING OF THE VILLAGE COUNCIL June 301 1953 Pursuant to due call and notice thereof a Special Meeting of the Village Council of the Village of Golden Valley, Hennepin County, Minnesota, was held at the Village Hall in said Village on the 30th day of June 1953 at 8:00 P.M. The following members were present: Foss, Rahn, Reiss, Stark, and Stasel: and the following were absent: None. Trach Construction Co., Re Shopping Center: The Admini- strative AssistanE presented a writing signed by 22 persons, said writing petitioning the Council to cause the Trach Construction Company to face the proposed Shopping Center toward Sixth Avenue North instead of T. H. #55, but not objecting to the center in any other manner. Upon his request, the name of LeRoy Schuller was stricken from the writing. Mr. David Trach then presented an artist+s conception of the probable appearance of the portion of the pro- posed center which would face Sixth Avenue North, and stated that according to present plans construction would be concrete blocks painted with a cement base paint. Mr. moss inquired as to why the portion facing Sixth Avenue could not be faced with brick with false window fronts, and was told that the cost would be increased by such installations. Several members of the Council stated that said artistts conception did not satisfy them, and inquired as to why the Center could not face Sixth Avenue North as do the other business buildings in the area. Mr. Trach stated that "...the reason for facing Highway 55 is because it (the proposed shopping center) would draw traffic from Highway 55." Mr. Leonard Jensen also stated that his reason for wanting the Center to face :gighway 55 was "...because it (the center) would draw traffic from Highway 55•" Various persons spoke in favor of the plans of the Trach Construction Company, among them Mr. Child of dinston Newell Company. 1 The Council then discussed the matter as a Council. The Mayor stated that the Village definitely wanted the proposed Shopping Center, but that the plans presented did not in his opinion reflect original planning or thinking, and that he approved the idea of false display window fronts on Sixth Avenue North, and further stated that theChair would entertain a motion on the matter. MOVED by Rahn seconded by Reiss carried to instruct theAdministrative Assistant to obtain from the Minnesota State Highway Department its reasons for by-passing the Center of the business district of Golden Valley in laying out the route of T. H. #55, and that the matter be placed on the agenda for July 7, 1953. Member Stark voted "NO" on the above motion. Sunday Closing Ordinance: The Mayor called for the second reading of the ord1nance which would close private busi- nesses holding On Sale Intoxicating Liquor Licenses on Sundays. The Village Attorney stated that inasmuch as he had not been alerted to the pending legislation the ordinance which was given a first reading at the meeting of June 16, 1953 had been substantially changed upon later study, and recommended that a first reading be given to the revised ordinance which he was now prepared to submit. Moved by Reiss seconded by Foss carried that a first reading be given to an ordinance entitled "AN ORDINANCE AMENDING IAN ORDINANCE LICENSING AND REG-TULATING THE SALE OF INTOXI- CATING LIQUOR, REPEALING INCONSISTENT ORDINANCES, AND PROVIDING A PENALTY FOR THEVIOLATION THEREOF' BY CHANGING CLOSING HOURS AND PROHIBITING SUNDAY OPERATION." Moved by Reiss seconded by Foss carried to approve the above ordinance duly quoted by title upon its first reading. Moved by Reiss seconded by Foss carried that, due to an urgency, a second reading be given to an ordinance en- titled, "A:C� ORDINANCE AMENDING IAN ORDINANCE LICENSING AND REGULATING THE SALE OF INTOXICATING LIQUOR, REPEALING INCONSISTENT ORDINANCES, ANDPROVIDING A PENALTY FOR THE VIOLATION THEREOF," BY CHANGING CLOSING HOURS AND PROT HIPITIN G SUNDAY OPERATION." Member Stark voted "NO" on the above motion. After stating that this was not a formal public hearing duly advertised in the official village newspaper, that therefore the interest of the private citizen in the matter 1 Moved by Rahn seconded by Foss carried that the meeting adjourn. Mayor ATTEST:, Clerk would not be fully represented, the Mayor permitted discussion from the floor. The following persons spoke against the proposed Sunday Closing Ordinance: Dr. Shimek 116 Ottawa Avenue mouth; Mr. Howard Johnson, residence not stated; Mrs. Clara Schuller, 545 Rhode Island Avenue; Mr. Leroy Schuller, operator of Schullerrs Tavern; Mr. Al Gross, residence not stated; Mr. Maher Troup, operator of "The White House"; Mr. Frank Hickl3ng, operator of Hickling►s Hardware; on the general grounds that closing such places of business on Sunday would eliminate places where citizens could eat on Sundays, would be regulating a private business, and would discriminate between private businesses and golf clubs. Mr. Michael Crakes stated that although his business was closed on Sundays, he was con- sidering the feasibility of opening on Sundays. Mr. Harold Lynch, operator of "The Boulevard Cafe" stated that he was in favor of the ordinance, as did a Mrs. Carlson, of Orkla Drive. The Mayor then stopped discussion from the floor, and called for discussion among the Council. Member Stark stated that he did not want to be a party to this or any other thing which attempts to overn a business because he was not qualified to run another man's business. After further discussion, MOVED by Stark seconded by Reiss that the Council rescind all prior action with regard to the above quoted ordinance. Upon vote being taken thereon, Members Reiss and Stark voted "YES", and Members Stasel Foss, and Rahn voted "NO"; themotion therefore failed. Whereupon Member Stark offered the following motion, duly seconded by Member Rahn: That the Village Attorney be instructed to obtain an opinion from the Attorney General of the State of Minnesota as to whether or not the Village Council had the legal authority to prohibit Sunday operation of private businesses holding On Sale Intoxicating Liquor Licenses by ordinance, said ordinance excluding from its provisions a prohibition of Sunday operation by organi- zations holding On Sale Intoxicating Club Liquor Licenses. Upon vote being taken on the above motion, the Mayor de- clared the motion duly carried. Moved by Rahn seconded by Foss carried that the meeting adjourn. Mayor ATTEST:, Clerk