04-21-56 Special MeetingSPECIAL MEETING
of the
VILLAGE COUNCIL
April 21, 1956
Pursuant to due call and notice thereof a sr�ecial meeting of the village
Council of the Village of Golden Valley, Hennepin County, Minnesota, was
held in the Village Hall in said Village on April 21, 1956, at 12:00 otclock
noon. The following members were present: Bies, Nadasdy, Rahn and Teresi;
the following arrived after the meeting had begun:- Member Stark. The
Mayor called the meeting to order at 12:10 P.M.
The meeting was called by members Nadasdy and Rahn at the request of
the Minneapolis -Honeywell Regulator Company, said company renewing their
application for building permit as made on February 23, 1956.
Yr. DeForest Spence, attorney for the Minneapolis- Honeywell Regulator
Company, presented each member of the council with copies of the opinion of
the Supreme Court of the State of Minnesota, filed April 20, 1956, said
opinion affirming the opinion of the District Court to the effect that the
Village council must issue a building permit to the Minneapolis -Honeywell
Regulator Company. The Village Council recognized the validity of the
opinion of the Supreme Court and ordered said opinion placed on file in
the office of the Village Clerk.
The administrator for the Village presented and read a letter dated
February 22, 1956, from the firm of Dorsey, Owen, Barker, Scott & Barber,
signed by Mr. Virgil H. Hill. Mr. DeForest Spencer stated that Minneapolis -
Honeywell Regulator Company now made application, on the basis of the facts
contained in said letter, and tendered herewith a certified check payable
to the Village of Golden Valley in the amount of $4,601.15 in payment of
the building permit fee. The Village Council accepted said application.
The engineer for the Village stated that he had studied the plans for
subject building and approved them as meeting or exceeding the building code
requirements of the Village, and further, that said plans complied with this
council's action of January 24, 1956 and car February 7, 1956, insofar as
possible at this time. Member Rahn thereupon intro�uced the following
written resolution and moved its adoption:
'1RES0)LUTION DIRF'CTING ISSiJANCE OF BT?ILDING PER14IT"
Z,77I 17AS Minneapolis-Hone-ywell Regulator Company has heretofore
made application for a building permit for construction of buildings
to be located, as stated in the application, on lands rezoned as
Industrial. Zonl_n; District Febr,ary 7, 1956; and
WHEREAS the Building Inspector has reported and the' Council
finds that the application and plans are proper and conform in
all respects with the building and zoning ordinances of the Village,
and that the _proper fee has been deposited with the application; and
WHEREAS said application for building permit was heretofore
denied by the Council by resolution adopted on February 23, 1956,
only for the reason that the zoning of said lands as Industrial
Zoning District was challenged by filing of a petition purporting
to have been drawn under the provision of HSA 462.01; and
WEEREAS the legal validity and efficacy of said petition was
thereafter litigated between said company and the Village and
intervening Village residents and resulted in a judgment in the
District Court, affirmed by the Minnesota Supreme Court, that said -
Petition was ineffective, and the Village consequently ordered, by
peremptory writ of mandamus, to issue said building permit; and
?^ TF REAS the legal doubts existing at the time of said resolution
of February 23, 1956, have now been resolved;
NOiJ, THEREFORE, BF IT RESOLVED by the Village Council of the
Village of Golden Valley, Minnesota, as follows:
1. The recitals of fact in the preamble to this resolution
are true and correct and are hereby referred to and made a part of
this resolution.
2. The council, having goven due consideration to the health,
welfare, and safety of the Village and its residents, and particularly,
but not exclusively, to the health, welfare, safety, wellbeing, and
convenience of residents in homes in the Residential and Open
Development Zoning District immediately adjoining the Industrial
Zoning District above referred to, the Building Inspector {is hereby
authorized and directed to issue forthwith the building permit for
which Minneapolis -Honeywell Regulator Company has made application.
The motion for the adoption of the foregoing resolution was duly
seconded by Member Bies and upon vote being taken thereon the following voted
in favor thereof: Bies, Nadasdy, Rahn, Stark and Teresi, and the following
voted against the same: None. Whereupon the Mayor declared said motion
carried and signed same and his signature was duly attested by the Village
Clerk. See Resolution Book Page
The Administrator for the Village thereupon handed Mr. Allen L. MacLean
Building Permit #3737 in compliance with the terms of the above resolution.
Fire Department Tank Truck:
MOVED by Teresi seconded by Rahn carried to instruct the Village Clerk to in-
sert notice of advertisement for bids for the purchase of one new or used
truck chassis, and one nein or used 1000 to 1200 gallon tank for mounting
upon said chassis, said bids to be taken on May 15, 1956, provided however,
that the bidders on said equipment be advised by members of the fire department
of the terms under which the council wishes to purchase sa'd equipment.
MOVED by Rahn seconded by Teresi carr ed th the meeting djourn.
Attes Mayor
V lage Cl