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04-03-62 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL April 3, 1962 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 April 3, 1962, at 7:30 P. M. The following members were present: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following were absent: None. Present were Village Manager, Roger K. Ulstad; Village Attorney, Stanley D. Kane; Village Engineer, Donald Sorenson; Village Clerk, Helen Penniman; Building Inspector, Dan Lynch; Member of Planning Commission, George Pennock. The Mayor called the meeting to order at 7:45 P. M. Invocation: Elder Toomer, Church of Jesus Christ ofGLatter V ayeyaints, Minutes of March 20. 1962: MOVED by Teresi seconded by Flannagan carried to approve the minutes of March 20, 1962, as submitted to the Council. Award of Bid - Water Meters: Council deferred the award of bids for water meters to a Special Meeting on Saturday, April 7, 1962, at 8:00 A. M. Reauest for Ordinance Waiver 6202 Wayzata Blvd., John S. Paul: Request continued from meeting of March 6, 1962. The Council viewed the site of the requested ordinance waiver. Mr. George Pennock, member of the Planning Commission, presented the recommendation of the Planning Commission to deny said ordinance waiver. (see minutes of 2-15-1962). MOVED by Flannagan seconded by Teresi carried unanimously to deny the request for ordinance waiver at 6202 Wayzata Boulevard by Mr. John S. Paul, upon the recommendation of the Planning Commission. Request for Approval of Preliminary Plans •- Holiday Motor Hotel_,_ 812 North Lilac Drive: The Village Manager presented the preliminary plans for an addition to the Holiday Motor Hotel at 812 North Lilac Drive. 652 Request for Use Permit - Frank Daniel, Surplus Nursery (outdoor Disla ); The Village Manager presented the request for a Temporary Use Permit approximately 50* east of the Golden Hills Shopping Center with the same set -back as the shopping center; for surplus nursery stock (outdoor display), MOVED by Teresi seconded by Flannagan carried to approve a temporary use permit for a maximum of three months starting April 10, 1962, subject to posting a $200.00 surety bond or a $100,00 cash bond; and to approve the issuance of a license under the Christmas Tree ordinance in the amount of $50.00. Re nest for Sign Permit - Warner Hardware 7710 Olson Memorial Hi hwa : The Village Manager presented the request for a sign Hardware at 7710 Olson Memorial Highway. g Permit for Warner MOVED by Bies seconded by Scherer carried to approve the request for a sign permit for Warner Hardware at 7710 Olson Memorial Highway, subject to the approval of the Building Inspector. Regular Meeting of the Village Council, April 3, 1962 MOVED by Teresi seconded by Flannagan carried to approve the preliminary plans as submitted for the Holiday Motor Hotel at 812 North Lilac Drive, subject to the approval of the Building Inspector. Second Reading Ordinance - Loning, 6739 Golden Valley Road (Kurtz): MOVED by Teresi seconded by Flannagan to give a second reading to an ordinance entitled; "AN ORDINANCE AMENDING THE ZONING CODE" (6739 Golden Valley Road - Kurtz) MOVED by Teresi seconded by Flannagan carried to approve the ordinance herein quoted by title on its second reading, subject to the following: finishing the west side of the building and three feet or more on the east side with brick or equal, and to order publication thereof. See Ordinance Book page1§7V6, Request for Buildin Permit - 6739 Golden Valley Road Multiple Dwelling: The Village Manager presented the plans for the proposed multiple dwelling at 6739 Golden Valley Road, Mr. Gene Kurtz was present to answer questions by the Council, MOVED by Flannagan seconded by Bies carried to approve the plans, subject to the following: that the west side and three feet or more of the east side of said multiple dwelling be finished with brick or equal, and subject to the approval of the Building Inspector, Request for Use Permit - Frank Daniel, Surplus Nursery (outdoor Disla ); The Village Manager presented the request for a Temporary Use Permit approximately 50* east of the Golden Hills Shopping Center with the same set -back as the shopping center; for surplus nursery stock (outdoor display), MOVED by Teresi seconded by Flannagan carried to approve a temporary use permit for a maximum of three months starting April 10, 1962, subject to posting a $200.00 surety bond or a $100,00 cash bond; and to approve the issuance of a license under the Christmas Tree ordinance in the amount of $50.00. Re nest for Sign Permit - Warner Hardware 7710 Olson Memorial Hi hwa : The Village Manager presented the request for a sign Hardware at 7710 Olson Memorial Highway. g Permit for Warner MOVED by Bies seconded by Scherer carried to approve the request for a sign permit for Warner Hardware at 7710 Olson Memorial Highway, subject to the approval of the Building Inspector. 66 Regular Meeting of the Village Council, April 3, 1962 Request for Sign Permit - Nortronic Com an Inc. 8101 W. 10th Ave, No.: The Village Manager presented the request for a sign permit for Nortronic Company, Inc. at 8101 W. 10th Avenue North. MOVED by Flannagan seconded by Teresi carried to approve the request for a sign permit for Nortronic Company, Inc., at 8101 W. 10th Avenue North, subject to the approval of the Building Inspector. Re nest for Sign Permit - Dairy Queen. 7825 Medicine Lake Road: The Village Manager presented the request for a sign permit for Dairy Queen at 7825 Medicine Lake Road. MOVED by Flannagan seconded by Teresi carried to approve the request for a sign permit for the Dairy Q,ueen at 7825 Medicine Lake Road, subject to the approval of the Building Inspector. Request for -Sign Permit - Swanson & Youn dale Inc. 880 Colorado Ave. So.: The Village Manager presented the request for a sign permit for Swanson & Youngdale, Inc., at 880 Colorado Avenue South. MOVED by Scherer seconded by Bies carried to approve the request for a sign permit for Swanson & Youngdale, Inc., at 880 Colorado Avenue South, subject to the approval of the Building Inspector. Public Hearing - Sunday Closing Ordinance: The Mayor announced that the meeting was open for public hearing on a proposed Sunday Closing Ordinance, and all persons present to do so were afforded opportunity to express their views thereon. No persons presented objections except the following: OBJECTOR OB E� �CTION Mr. Samuel J. Scheiner, Executive Mr. Scheiner read excerpts from Director of Jewish Community Rela- several states Ordinances. , cities iesregarding tions Council of Minnesota y Closing Mr. Robert M. W hitsett, representa- Mr. Whitsett stated that they were tive of Northern Union Conference opposed to Sunday Blue Laws. Seventh Day Adventists Mr. Milton Krelitz, Prop. Reed Mr. Krelitz presented a petition Drug, 7810 Olson Memorial Highway signed by approximately 500 people against the Sunday Closing Ordin- ance. 1 1 Regular Meeting of the Village Council, April 3, 1962 (Cont.) OBJECTOR Mr. Theodore VanderNoot 1315 Zealand Avenue North Mr. Arthur W. Haskell Golden Valley Sports Center 3924 Olson Memorial Highway Mr. James L. Ruths 1935 Brunswick Ave. No. Mr. Robert Halseth 9435 Medicine Lake Road PROPONENTS Mr. Frank Neuman, Dad's & Lad's Apparel, 8016 Olson Memorial Highway Mr. John Knight, Knight's Drugs, 9924 Olson Memorial Highway Mr. Wm. T. Noonan 421 Sumter Avenue South Mr. Jim Henry OBJECTION Stated any prohibition will not work. Mr. Haskell stated that he does 20% of his business on Sunday. Sunday Closing is an infringement of Civil Rights. Mr. Halseth stated Sunday business equals three days during the week. REASON Mr. Neuman, representing 25 businesses in the Golden Valley Shopping Center, stated they favor a Sunday Closing Ordinance. Stated he favored a Sunday Closing Ordinance, but favored limiting the hours or number of employees if the drug department stayed open. Stated when the state passed an ordinance in 1957 prohibiting the sale of autos on Sunday they do their business in six days. Representing Downtown Council of Minneapolis, stated Sunday should be kept as Sunday. The Village Attorney read a statement of purpose prepared by the attorneys for the metropolitan area in preparing a uniform ordinance, The Mayor closed the public hearing. The Council took no action and deferred the matter to a later meeting. Re: Condemnation for Water Main Easements: The Village Attorney presented resolutions necessary for condemnation for water main easements and temporary easements for street, road and utility purposes. Regular Meeting of the Village Council, April 3, 1962 Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING CONDEMNATION" (62 WM and 62 WMSR: Nos. 32-E, 33-E, 34-E, 35-E, 36-E, 37-E, 38-E, 39-E, 57-E, 58-E, 59-E, 60-E, 91-E, 92-E, 93-E, and 101-E) The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan and, upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Village Clerk. See Resolutions Book page 7. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING CONDEMNATION" (62-WM: Nos. 1-E, 2-E, 3-E, 4-E, 5-E, 6-E, 7-E, 8-E, 9-E, 10-E, 11-E, 12 E, 13-E, 14-E, 15-E, 16-E, 17-E, 18-1E, 19-E, 20-E, 21-E, 22-E, 23-E, 24-E, 25-E, 26-E, 27-E, 28-E, 29-E, 30-E, 31-E, 40-E, 42-E, 43-E, 45-E, 47-E, 48-E, 49-E, 50-E, 51-E, 52-E) The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan and, upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Village Clerk. See Resolutions page ,�. Member Teresi introduced the following resolution and MOVED its adoption: The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan and, upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Village Clerk. See Resolutions Book page 0,45 ,4. Resolution re: Particip�r action in Rural Hennepin County Nursing District: Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING CONDEMNATION" (62 WM and 62 WMSR: Nos. 53-E, 54-E, 55-E, 56-E, 61-E, 62-E, 63-E, 64-E, 65-E, 66-E, 67-E, 68-E, 69-E, 70-E, 71-E, 72-E, 73-E, 74-E, 75-E, 76-E, 77-E, 78-E, 79-E, 80-E, 81-E, 82-E, 83-E, 84-E, 85-E, 86-E, 87-E, 88-E, 89-E, 90-E, 94-E, 95-E, 96-E, 97-E, 98-E, 99-E01 100-E) The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan and, upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Village Clerk. See Resolutions Book page 0,45 ,4. Resolution re: Particip�r action in Rural Hennepin County Nursing District: Member Bies introduced the following resolution and MOVED its adoption: Regular Meeting of the Village Council, April 3, 1962 "A RESOLUTION RELATING TO PARTICIPATION IN THE RURAL HENNEPIN COUNTY NURSING DISTRICT" The motion for the adoption of the foregoing resolution was duly seconded by Member Scherer and, upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Village Clerk. See Resolutions Book page. Reconveyance of Lot 13, Block 1, Winnetka Addition to State: The Village Attorney presented the necessary documents for reconveyance of Lot 13, Block 1, Winnetka Addition to the State of Minnesota. MOVED by Flannagan seconded by Bies carried to authorize the Mayor and the Village Clerk to sign for the reconveyance of Lot 13, Block 1, Winnetka Addition to the State of Minnesota. Resolution Calling Public Hearing - Public Improvements: Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Projects No. 62 -LF -1, 2, 3, 4, 5, 6, 7, 8, and 9; 62 -GG -2 and 3) The motion for the adoption of the foregoing resolution was duly seconded by Member Scherer and, upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolutions Book page ILU. Re: Condemnation on County Road #66: All Licenses: agreed to add the above MOVED by Teresi seconded by Flannagan carried to approve the licenses as The listed below: No. Licensee Tie Fee the appraisal for the Kenneth Nash property. 2504 Minneapolis - Honeywell (Cafe) Food $25.00 2505 Frank Daniel (Nursery Surplus) Christmas Tree 50.00 Resolution Calling Public Hearing - Public Improvements: Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Projects No. 62 -LF -1, 2, 3, 4, 5, 6, 7, 8, and 9; 62 -GG -2 and 3) The motion for the adoption of the foregoing resolution was duly seconded by Member Scherer and, upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolutions Book page ILU. Re: Condemnation on County Road #66: All present agreed to add the above matter to the agenda. The Village Attorney presented the appraisal for the Kenneth Nash property. 70 Regular Meeting of the Village Council, April 3, 1962 MOVED by Bies seconded by Flannagan carried to authorize the Village Attorney to start condemnation proceedings for the Kenneth Nash property in connection with C.S.A.H. #66. Bills: MOVED by Scherer seconded by Bies carried to approve the bills as submitted on the prelist. MOVED by Scherer seconded by Bies carried to adjourn the meeting at 10:45 P.M. Attest: Village Clerk 1 1