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11-17-59 City Council Minutes1 7f) REGULAR MEETING -of the VILLAGE COUNCIL November 17, 1959 Pursuant to due call and notice thereof, a regular meeting of the Village Council of the Village of Golden Valley, Hennepin County, Minnesota, was held at 7800 Golden Valley Road in said Village on November 17, 1959 at 7:30 o'clock p.m. Invocation: Dr. Marvin Hedberg, Valley Community Presbyterian Church, 3100 Lilac Drive North, Golden Valley, The following members were present: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following was absent: None. Present were Village Clerk and Administrator, Roger K. Ulstad; Village Attorney, Stanley D. Kane; Village Engineer, Donald Sorensen; Building Inspector, Dan J. Lynch; President of the Planning Commission, George Pennock; W. Merton Dresser, Chairman of the Zoning Committee of the Planning Commission; June Brandt, Secretary. Minutes of November 3, 1959; MOVED by Teresi seconded by Flannagan carried to approve the minutes of November 3, 1959, as submitted to the Council. Public Hearing - Rezoning, Lutheran Bible Institute: The Administrator presented an affidavit of publication in the official newspaper of the notice of public hearing on the proposed rezoning for the Lutheran Bible Institute at Highway #55 and Douglas Drive. Said affidavit was examined, approved and ordered placed on file in the Clerk's office. Mr. Dresser presented the recommendations of the Planning Commission. (See Planning Commission minutes, September 10, 1959.) The Mayor announced that this was the time and place for the public hearing above referred to and all persons who desired to do so were afforded an opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: OBJECTOR OBJECTION None None The Mayor closed the public hearing. MOVED by Flannagan seconded by Scherer carried to give a first reading to an 180 Regular Meeting of the Village Council, November 17, 1959 Page 2 ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Lutheran Bible Institute) MOVED by Teresi seconded by Flannagan carried to approve the ordinance herein quoted by title on its first reading. Public Hearin - Rezoning,Forman-Ford 1200 Mendelssohn Avenue North: The Administrator presented an affidavit of publication in the official news- paper of the notice of public hearing on the proposed rezoning for the Forman -Ford Company. Said affidavit was examined, approved and ordered placed on file in the Clerk's office. Mr. Dresser presented the recommendations of the Planning Commission. (See Planning Commission minutes, October 15, 1959.) The Mayor announced that this was the time and place for the public hearing above referred to and all persons who desired to do so were afforded an opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: OBJECTOR OBJECTION Rollie Angier Objects on grounds of offensive odors from 1409 Hillsboro Ave. No. this type of manufacture. States a neighbor requested an FHA loan and was rejected, this type of industry would cer- tainly not increase area chances for FHA assistance. Roy Schrade Mills would probably run all night and the 1300 Independence Ave. No, cooking of varnish causes very objection- able odors. Allen Mevissen Feels a paint factory in the area is not 1301 Independence Ave. No. his idea of "suburban living". Mrs. Richard Buffington Rsked if there was truth to the rumor that 1504 Mendelssohn Ave. No. the plant, if rejected in Golden Valley, may locate across Mendelssohn Ave. in Plymouth Village. Inquired whether the Company does plan to manufacture varnish. Objects to the idea of a separate enclosure for storage tanks, feels that there will be more odor escaping by this method than if the complete operation, including tanks, were under one roof. People in the 3 block area to the north will have trouble selling their homes. Council asked Mr. Paul Enghauser, building contractor, to comment regarding the probable status of FHA loans relative to the proposed rezoning. Mr. Enghauser stated that, to his knowledge, the area was already more than 50% built exp and therefore, FHA would consider each case on it's individual merits rather than giving approval, or denial, on an area basis. The Mayor closed the public hearing. The Council questioned Mr. Potter regarding the operation of the proposed plant as follows: (1) What kind of assurance can be given regarding the control of odors from the plant? (2) Has Forman -Ford ever been cited for violation of air pollution laws? (3) Would there be a large volume of smoke from the proposed plant? (4) Would there be excessive noise, particularly if a 24 hour operation is planned? (5) Are there, to your knowledge, any similar operations in suburban areas? (:6) Does the Company plan to put a "washing process" in to help prevent odors? Mr. Potter answered as follows: (1) The present plant is located next door to a large hotel (The Minnesotan) and the Company has never had any complaints from the residents or management of the Hotel. Forman -Ford buys their linseed oil, a major cause of odor in paint manufacturing plants, already processed to avoid the odor problem. (2) No (3) No (4) Degree of noise would compare with any manufacturing concern, probably less than most. The Company does not plan a 24 hour per day schedule, but plans one 7:30 a.m, to 4:30 p.m. shift. (5) Mr. Harold Darr, Engineer for Forman -Ford, stated that to his knowledge there are Regular Meeting of the Village Council, November 17, 1959 Page 3 Public Hearing - Forman -Ford Rezoning (continued): Elroy G. Roelke Inquired what Forman -Ford has in mind in the 1404 Gettysburg Ave. No. way of expansion in the future. Asked if there is any known method of prevention of odor from the type of manufacture being con- sidered. States that he visited the present Forman -Ford plant on November 16, 1959 and that the odors present in the plant were not "bad" at that time; feels he would not object if the odors were no worse than at the time of his visit. Questions the ability of homeowners in the area to obtain FHA loans with an industrial site so near their homes. PROPONENT REASON Mr. Lee Potter, Jr. States that there would be no "appreciable" President of Forman -Ford Co. odor from the planned manufacture of paint beyond the degree of odor arising from any type of manufacture. Forman -Ford has no plan at present to locate in Plymouth Village. Plan for future expansion is to build on to the east of the presently proposed building. If offensive odors are produced, there are several methods of disguising and modifying varnish odors. Council asked Mr. Paul Enghauser, building contractor, to comment regarding the probable status of FHA loans relative to the proposed rezoning. Mr. Enghauser stated that, to his knowledge, the area was already more than 50% built exp and therefore, FHA would consider each case on it's individual merits rather than giving approval, or denial, on an area basis. The Mayor closed the public hearing. The Council questioned Mr. Potter regarding the operation of the proposed plant as follows: (1) What kind of assurance can be given regarding the control of odors from the plant? (2) Has Forman -Ford ever been cited for violation of air pollution laws? (3) Would there be a large volume of smoke from the proposed plant? (4) Would there be excessive noise, particularly if a 24 hour operation is planned? (5) Are there, to your knowledge, any similar operations in suburban areas? (:6) Does the Company plan to put a "washing process" in to help prevent odors? Mr. Potter answered as follows: (1) The present plant is located next door to a large hotel (The Minnesotan) and the Company has never had any complaints from the residents or management of the Hotel. Forman -Ford buys their linseed oil, a major cause of odor in paint manufacturing plants, already processed to avoid the odor problem. (2) No (3) No (4) Degree of noise would compare with any manufacturing concern, probably less than most. The Company does not plan a 24 hour per day schedule, but plans one 7:30 a.m, to 4:30 p.m. shift. (5) Mr. Harold Darr, Engineer for Forman -Ford, stated that to his knowledge there are 182 Regular Meeting of the Village Council, November 17, 1959 Page 4 Public Hearing.- Forman -Ford Rezoning (continued): two paint factories in the suburbs of Dallas, Texas, and that in his con- tacts with them, he knows of no complaints regarding odors from the plants. (6) Not at present, however, the Forman -Ford Company try to be "good citizens" and would d4verthing possible to be "easy to live with" and would make every possible effort to control odors which might be offensive to the neighborhood. On question, the Village Attorney stated that the Village has no "air pollution ordinance" at the present time and suggested the Village contact Mr. John Vance, Member of the Governors Committee on Air Pollution, for his suggestions and recommendations. MOVED by Flannagan seconded by Teresi carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Forman -Ford) MOVED by Teresi seconded by Flannagan carried to approve the ordinance here- in quoted by title on its first reading. Mr. Motsomoto, representing Smiley and Associates, architects for Forman -Ford, requested approval from the Council of exterior materials for the proposed building. Council requested that Mr. Motsomoto bring samples of proposed materials to the office of the Building Inspector for his approval before the Council could make their decision. Public Hearing - Rezoning, Mrs. Etzler, Multiple Dwelling: The Administrator presented an affidavit of publication in the official news- paper of the notice of public hearing on the proposed rezoning for Mrs. Etzler as described in said affidavit. Said affidavit was examined, approved and ordered placed on file in the Clerk's office. Mr. Dresser presented the recommendations of the Planning Commission. (See Planning Commission minutes, October 15, 1959.) Mrs. Anna Held Etzler appeared and stated that the inclusion of Lot 14 in the legal description of the property involved is an error in the presentation to the Planning Commission and should be excluded in future action on the request. The Mayor announced that this was the time and place for the public hearing above referred to and all persons who desired to do so were afforded an opportunity to express their views thereon, and all written objections hereto- fore filed with the Clerk were presented and considered as follows: 1 1 1 1 Regular Meeting of the Village Council, November 17, 1959 Public Hearin - Etzler Rezoning (continued): P age 5 I'M OBJECTOR OBJECTION Mr. John Yngve, Attorney Mr. Yngve presented a plat map showing present and residential development, and a petition against Mr. Charles Murphy, the proposed rezoning, said petition containing 5001 Circle Down; signatures of 24 residents in the area. The representing a number of question of a previously proposed exchange of property owners along Circle properties involving the Village owned park and Downs Mrs. Etzler's Lot 19 was brought up. The property owners feel that allowing a multiple dwelling will encourage further development of this type in the area and state that their deeds from Mrs. Etzler restrict parts of the lots involved to single family residences. They feel that the best use of lot 19, block 2, is as an uninhabited buffer between the residences along Circle Down and the commercial area along Wayzata Boulevard. Joe Williams What is wrong with extending each lot all the way 4911 Circle Down back to the alley making them deep lots, as has been done in certain other areas? Does the exclusion of Lot 14 reduce the land area to below the minimum required for multiple dwelling? Lincoln Hudson States his deed restricts Lot 5 to single res - 611 Radisson Road idential use and that he feels granting the rezoning request would violate this covenant. PROPONENT REASON Mrs. Anna Held Etzler The exchange of properties with the Village has 621 Turner's Crossroad So. not been completed. Meanwhile, there are more Assessments against lot 19 each year, which she is unable to pay unless some use can be made of the land. Her agreement with Mr. Goldman requires that he build single family dwellings on lots 6 through 13, block 2. Mr. Goldman, Builder States that his agreement with Mrs. Etzler is as she indicated and that, although he is not actually interested in building single dwellings himself, his contract will require that he fulfill this agreement. He also states that a party from the Spring Green area contacted him with regard to buying lots 6 through 13, and that he (Mr. Goldman) offered them to this party at the same price that he was paying for the property. The Mayor closed the public hearing. Regular Meeting of the Village Council, November 17, 1959 Page 6 Public Hearing - Etzler Rezoning (continued): After discussion, MOVED by Bies seconded by Scherer, carried to continue the public hearing on December 1, 1959, in anticipation of an agreement being reached between the property owners, Mrs. Etzler, and Mr. Goldman. Public Hearin - Rezoning,Pankonie & Ranville 7421 Glenwood Avenue: The Administrator presented an affidavit of publication in the official newspaper of the notice of public hearing on the proposed rezoning at 7421 Glenwood Avenue as described in said affidavit. Said affidavit was examined, approved and ordered placed on file in the Clerk's office. Mr. Dresser presented the recommendations of the Planning Commission. (See Planning Commission minutes, October 15, 1959.) The Mayor announced that this was the time and place for the public hearing above referred to and all persons who desired to do so were afforded an opportunity to express their views thereon, and all written objections here- tofore filed with the Clerk were presented and considered as follows: Mr. Duane Foss appeared and presented the plat layout and the contention of his clients that the land to the west and south is not apt to develop to residential use as it is low ground. Mr. Foss stated his conviction that commercial development is likely to spread north from Olson Highway to this area and that this would eliminate the Planning Commission's objection regarding "spot zoning". OB ECTOR OB ECTION Donald Werneke Feels that a business of this type would 531 Kelly Drive reduce the value of homes in the area. Mr. & Mrs. John Baldwin Bought their home with the understanding 7350 Olson Memorial Highway that the resident zoning of the area would remain. Feel that a mortuary would "add nothing" to the area. Mr. F. H. Winney, 520 Kelly Dr. Opposed on grounds already stated by others. Thomas Kirkpatrick, 530 Kelly Dr. Opposed on grounds already stated by others. Lynne Triplett, 541 Kelly Drive Opposed on grounds already stated by others. Mrs. Warren Goldberg States the tavern next door is bad enough, 7220 Glenwood Avenue without having a mortuary across the street. The Mayor closed the public hearing. MOVED by Flannagan seconded by Teresi carried to continue the hearing on December 1, 1959. HE Regular Meeting of the Village Council, November 17, 1959 Page 7 Final Approval - E. R. Conry,Lindsay Plat: Mr. Pennock, President of the Planning Commission, presented the recommendations of the Planning Commission. (See Planning Commission minutes, November 12,' 1959) MOVED by Bies seconded by Scherer carried to grant final approval subject to the Cul-de-sac recommended by the Planning Commission and to bond as required. Final Approval McCabe Addition; Mr. Pennock presented the recommendations of the Planning Commission. (See Planning Commission minutes, November 12, 1959.) MOVED by Flannagan seconded by Scherer carried to grant final approval to the plat. Request for Public Hearing_- Final Approval, Clover Leaf Terrace 2nd Addition and Rezoning of Lot 1 to Office & Professional Use: MOVED by Flannagan seconded by Bies carried to hold a public hearing on December 15, 1959, for purposes above referred to. MOVED by Teresi seconded by Bies carried to grant the building permit subject to the approval of the Building Inspector. Request for Residential Building Permit in Open Development - 2201 Legend -Drive. - The e endDrive: The Building Inspector presented the application of Ronald V. Anderson for a residential building permit at 2201 Legend Drive. MOVED by Bies seconded by Scherer carried to grant the building permit subject to the approval of the Building Inspector. Request for Sign Permit - Huber Sign Co..- The o.:The Building Inspector presented the application for a sign permit for Shell Service Station at Winnetka Avenue North and Medicine Lake Road. MOVED by Teresi seconded by Flannagan carried to grant the permit subject to the approval of the Building Inspector. Request for Public Hearing - Rezoning, 2155 Douglas Drive. MOVED by Bies seconded by Scherer carried to hold a public hearing on December 15, 1959, for the purpose of rezoning 2155 Douglas Drive to Commercial zoning. Request for Building Permit - Margocraft, Inc.• 7600 Wayzata Boulevard: The Building Inspector presented the plans for a building for Margocraft, Inc. at 7600 Wayzata Boulevard. MOVED by Teresi seconded by Bies carried to grant the building permit subject to the approval of the Building Inspector. Request for Residential Building Permit in Open Development - 2201 Legend -Drive. - The e endDrive: The Building Inspector presented the application of Ronald V. Anderson for a residential building permit at 2201 Legend Drive. MOVED by Bies seconded by Scherer carried to grant the building permit subject to the approval of the Building Inspector. Request for Sign Permit - Huber Sign Co..- The o.:The Building Inspector presented the application for a sign permit for Shell Service Station at Winnetka Avenue North and Medicine Lake Road. MOVED by Teresi seconded by Flannagan carried to grant the permit subject to the approval of the Building Inspector. im Regular Meeting of the Village Council, November 17, 1959 Page 8 Request for Sign Permit - Gold Leaf Sign Co, for Industrial Plaza: The Building Inspector presented the application for a sign permit for Industrial Plaza, said sign to be located at approximately 6800 Wayzata Boulevard. MOVED by Bies seconded by Flannagan carried to grant the sign permit sub- ject to the removal of all other signs along Wayzata Boulevard which advertise Rees, Thompson, Scroggins, and subject to the approval of the Building Inspector. Request for Ordinance Waiver - Superior Builders, Inc. (Merger of Title): Mr. Pennock presented the recommendation of the Planning Commission. (See Planning Commission minutes, November 12, 1959.) MOVED by Flannagan seconded by Bies carried to approve the ordinance waiver as recommended by the Planning Commission. Re: Connection of Plymouth Village to Golden Valley Sewer System: Mr. Kane reported on his consultation with Mr. Corrick. The matter was deferred to December 1st, pending further discussion between the Attorneys representing the Villages involved. Appointment of Election Judges: MOVED by Scherer seconded by Flannagan carried to approve the list of Election Judges for the December 8th election, as submitted to the Council. "Green River Ordinance": The above referenced matter was deferred to December 1, 1959. License Application - Christmas Tree Sales, 4222 Olson Highway: The License Chairman presented the application of Mr. Howard Kulseth to sell Christmas Trees at 4222 Olson Memorial Highway. MOVED by Flannagan seconded by Teresi carried to grant the license. Bills: MOVED by Flannagan seconded by Bies carried to approve the bills as sub- mitted on the prelist. MOVED by Scherer seconded by Flannagan carried to adjourn the meeting at 11:30 P.M. Attest \ S yor 341,5kge C11-Tk & AdTkinistrator 1 1 Ci