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09-15-64 Council Minutes1 1 1 9 3.. REGULAR MEETING of the VILLAGE COUNCIL September 15, 1964 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 September 15, 1964, at 8:00 o'clock P.M. The following members were present: Flannagan, Garis, Nadasdy, Schaphorst, and Teresi; the following were absent:- None. Invocation: Rev. Norman D. Long, Church of the Brethren. Present were Village Manager, Roger K. Ulstad; Village Attorney, Robert M. Skare; Village Engineer, Donald Sorensen; Building Inspector, Dan Lynch; President of the Planning Commission, Joe L. Brown; John Voss, Planning Director; and Carol Wachter, Acting Village Clerk. Minutes of August 18, 1964: MOVED by Teresi seconded by Garis carried to approve the minutes of August 18, 1964. c Heamna - 5828 Olson Hi Ted W. Bryan, (Professional and Business Office): The Village Manager presented an affidavit of publication in the official newspaper of the Notice of Public Hearing as described in said affidavit. Said affidavit was examined, approved and ordered filed in the Clerk's office. 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 oppor- tunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: PROPONENT Ted Bryan 7601 Wayzata Boulevard OBJECTOR REASON Wants to build Professional office building on the site for several tenants - small insurance companies, etc. Has another office building on Pennsylvania and Highway #12. This building will be similar to that. OBJECTION John Schwebach Will be fenced in on both sides; 5804 Olson Highway would rather see the entire area zoned the same and be purchased. 194 Regular Meeting of the Village Council, September 15, 1964 OBJECTOR Lyle Pepin, representing Isadore Pepin, his father, of 5806 Olson Highway Mrs. R. E. Lundberg 5802 Olson Highway Earle Larson 5808 Olson Highway OBJECTION Went through the same thing before when Buick came in. Thinks the whole thing should be zoned for one company to buy. They live on top of a hill and would be looking down on the roof- of whatever was built there. Wondered where the parking area would be for the proposed building. Village Engineer, Mr. Don Sorensen, showed the location of the property on the map and the interested people from the audience came up to the front and engaged in a general discussion with the members of the Council. The Mayor closed the public hearing. Mr. Joe L. Brown, President of the Planning Commission, presented the rec- ommendation of the Planning Commission to approve the request for a change in zoning from Open Development to Business and Professional Office zoning. (see minutes of 8-13-64). MOVED by Schaphorst seconded by Garis carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Ted W. Bryan) MOVED by Teresi seconded by Flannagan to approve the ordinance herein quoted by title on its first reading. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Flannagan YES Schaphorst YES Garis YES Teresi YES Nadasdy YES The Mayor declared the motion carried and the zoning request approved. Public Hearing - Zoning, 8636 Plymouth Avenue, Leo Ness (Commercial): The Village Manager presented an affidavit of publication in the official newspaper of the Notice of Public Hearing as described in said affidavit. Said affidavit was examined, approved and ordered filed in the Clerk's office. 1 1 1 1-95 Regular Meeting of the Village Council, September 15, 1961 The Mayor announced that this was the time and place for the public hear- ing above referred to and all persons who desired to do so were afforded opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: PROPONENT REASON Leo Ness Understood he owned this property. 8636 Plymouth Avenue Wants to start a motor scooter ren- tal; later get into selling flowers or something. Wants it zoned com- mercial. OBJECTOR OBJECTION Carl Kvale What is the request for? Is it for 1330 Boone a store, a rental business, or what? Does not like to see a commercial building go in. The Mayor closed the public hearing. Mr. Joe L. Brown, President of the Planning Commission, presented the rec- ommendation of the Planning Commission to deny the request to rezone from Open Development to Commercial zoning. (see minutes 7-16-64). Mr. Ness again repeated what he had said earlier about wanting this property rezoned so that he could make a living. MOVED by Flannagan seconded by Teresi to deny the request for rezoning pre- sented by Mr. Ness. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Flannagan YES Garis YES Nadasdy YES Schaphorst YES Teresi YES The Mayor declared the motion carried and the zoning request denied. Public Hearing - Zoning, Valley Community Presbyterian Church, 3100 Lilac Drive North: The Village Manager presented an affidavit of publication in the official newspaper of the Notice of Public Hearing as described in said affidavit. Said affidavit was examined, approved and ordered filed in the Clerk's office. 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 oppor- tunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows on Page 196. Regular Meeting of the Village Council, September 15, 1961 PROPONENT REASON Glen Cording, member of the The Church bought property on church the east side for the purpose of parking. Mr. Cording also stated that he would like to thank the Council for wait- ing until someone bought the property adjacent to this property. He said they would like to have the lots paved so that children playing there would not get so dirty. Mr. Ervin Sarazin, 5320 Triton Avenue, stated that he had no objection to this property being rezoned if there were a 50' buffer zone and grass would be kept cut. The Mayor closed the public hearing. Mr. Joe L. Brown, President of the Planning Commission, presented the rec- ommendation of the Planning Commission to approve the request to rezone from Residential to Institutional zoning. (see minutes 7-16-64). MOVED by Teresi seconded by Garis to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Valley Community Presbyterian Church) Upon roll call vote being taken thereon, the members were recorded as voting as follows: Flannagan YES Schaphorst YES Garis YES Teresi YES Nadasdy YES The Mayor declared the motion carried and the zoning request approved. Request for Ordinance Waiver, 436 Westwood Drive North, Sheldon Witebsky: The Village Manager presented the request for an ordinance waiver for front yard setback for Sheldon Witebsky, 136 Westwood Drive North. Mr. Ulstad asked if anyone wished to have the Planning Commission report read again at this time. Council stated that it had been read at previous meet- ings. MOVED by Schaphorst seconded by Flannagan carried to deny the request for an ordinance waiver presented by Mr. Sheldon Witebsky. Mayor Nadasdy said he wished to abstain as he did not look at the property. Request for Ordinance Waiver, 1515 Kaltern Lane, Eugene L. Qualle: The Village Manager presented the request for an ordinance waiver for a front yard setback for Eugene L. Qualle, 1515 Kaltern Lane. 197 Regular Meeting of the Village Council, September 15, 1964 Mr. and Mrs. Eugene Qualle were present with their architect to present their request to the Council. A neighbor, Mr. R. G. Parlin, also spoke in their behalf, stating that he had no objection to their proposal. The architect explained to the Council that they would not go back but must build out in the front. Mr. Teresi suggested that perhaps the addition could be moved back four and a half feet on the property. He stated that a bigger problem arises now because if we do it for them, we will have to do it for everybody. Mr. Schaphorst said he agreed with Mr. Teresi that to do this we would have to amend the Code to read 30' front setback in- stead of 35'. Mr. Joe L. Brown, President of the Planning Commission, presented the rec- ommendation of the Planning Commission to deny the request for an ordinance waiver for a front yard setback presented by Eugene L. Qualle. (see min- utes 8-13-64). Mr. Flannagan stated that he agrees with what has been said. He said the Planning Commission sees many cases and problems, and explains to the pro- ponents whose requests are denied what the precedent has been in the past. He feels that the Council should follow the decesion of the Planning Com- mission. Mr. Garis stated that he finds no uniqueness here and feels that the Qualles will find some other way to improve their property. Mayor Nadasdy stated that he does not think the Council should "rubber stamp" the Planning Commission and that he is in favor of granting the request. He stated that this case is different, and that since this home is the oldest and the smallest in this area, that it should be upgraded. MOVED by Schaphorst seconded by Flannagan carried to deny the request for an ordinance waiver for a front yard setback presented by Eugene L. Qualle. All Councilmen voted "yes" with the exception of Mayor Nadasdy who voted "no", and wishes this to be so recorded. The Mayor declared the motion carried and the ordinance waiver request denied. Request for Ordinance Waiver, 5828 Olson Highway, Ted W. Bryan: The Village Manager presented the request for an ordinance waiver for front, side and rear setbacks for Ted W. Bryan, 5828 Olson Highway. Mr. Joe L. Brown, President of the Planning Commission, presented the rec- ommendation of the Planning Commission to approve the request by Mr. Bryan for ordinance waiver for front, side and rear setbacks in order to allow the petitioner to build a useful -sized "Business and Professional Office" building. (see minutes 8-13-64). 198 Regular Meeting of the Village Council, September 15, 1961 Mr. Bryan was present to answer questions for the Council regarding this request. Mayor Nadasdy said he could not see any difference in this re- quest of 20' than the request of 4' which had just been denied. Mr. Teresi asked if Mr. Bryan had considered buying the entire property, including the four houses. Mr. Bryan replied in the negative. He said the front yard waiver is for parking only. The building would be in line with the others. MOVED by Teresi seconded by Flannagan carried to deny the request by Mr. Bryan for ordinance waiver for front, side and rear setbacks. The Mayor declared the motion carried and the ordinance waiver request denied. Request for Ordinance Waiver, 4224 Golden Valley Road, Virginia Webster: The Village Manager presented the request for an ordinance waiver for Virginia Webster, 4224 Golden Valley Road, for setback. Mr. Joe L. Brown, President of the Planning Commission, presented the rec- ommendation of the Planning Commission to approve this request with the stipulation that Village Ordinances and Regulations be complied with in all other respects. (see minutes 9-10-64). MOVED by Schaphorst seconded by Teresi carried to approve the request by Virginia Webster for ordinance waiver. The Mayor declared the motion carried and the ordinance waiver request approved. Request for Ordinance Waiver, Win:netka at Erie Pow -Bel Construction: The Village Manager presented the request for an ordinance waiver for Pow - Bel Construction, Winnetka at Erie, for front yard setback. Mr. Earl Wilson was present and answered questions for the Council. Mr. Joe L. Brown, President of the Planning Commission, presented the rec- ommendation of the Planning Commission to approve this request with the stipulation that Village Ordinances and Regulations be complied with in all other respects. (see minutes 9-10-64). MOVED by Teresi seconded by Schaphorst carried to approve the request by Pow -Bel Construction for ordinance waiver. The Mayor declared the motion carried and the ordinance waiver request approved. 1 99 Regular Meeting of the Village Council, September 15, 1111 Request for Ordinance Waiver, 6830 Sandburg Lane, Wayne Jopp: The Village Manager presented the request for an ordinance waiver for creat- ing substandard lots at 6830 Sandburg Lane. Mr. Wayne Jopp was present and answered questions for the Council. Mr. Joe L. Brown, President of the Planning Commission, presented the rec- ommendation of the Planning Commission to approve this request with the stipulation that Village Ordinances and Regulations be complied with in all other respects. (see minutes 9-10-64). MOVED by Schaphorst seconded by Flannagan carried to approve the request by Mr. Jopp for ordinance waiver at 6830 Sandburg Lane. The Mayor declared the motion carried and the ordinance waiver request approved. Public Hearing - Street Vacation. Plymouth Avenue: The Village Manager presented an affidavit of publication in the official newspaper of the Notice of Public Hearing as described in said affidavit. Said affidavit was examined, approved and ordered filed in the Clerk's office. 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 oppor- tunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered, as follows: OBJECTOR None OBJECTION None Mr. Joe L. Brown, President of the Planning Commission, presented the rec- ommendation of the Planning Commission to approve this request forstreet vacation providing Mr. Ness obtain a Quit -Claim Deed to gain title to the vacated property. (see minutes 8-13-64). Mr. Ness was present and stated that Mr. Woodhall would give him the deed to this property. The Mayor closed the public hearing. Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION" (Street Vacation - Plymouth Avenue) 200 Regular Meeting of the Village Council, September 15, 1961 The motion for the adoption of the foregoing resolution was duly sec- onded by Member Schaphorst and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Garis, Nadasdy,. Schaphorst, 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 �LA & Request for Preliminary Building Permit - Lyons Food Company: The Building Inspector presented a request for a preliminary building permit for Lyon Fish Company, Inc., at 2301 Nevada Avenue North. Present and representing the company were Mr. Roger Stahr, Mr. Art Boschee, and Mr. Van C. Benton. The Council discussed the problem of odors and ways to eliminate them; the size of the building; the shadow -block to be used in lieu of brick; and other matters of interest to the Village. MOVED by Teresi seconded by Flannagan carried to approve the request for a preliminary building permit for the Lyon Fish Company, Inc., subject to the same stipulation - specifically the problem of odors - imposed on other simi- lar type businesses in Golden Valley, and that sufficient information be made available to the Council when the proponents appear and request final approval. (see Council minutes 1-21-64, Brechet & Richter Co., and Building Department files). The Mayor declared the motion carried and the request for preliminary build- ing permit approved. Request for Building Permit - 7100 Madison Avenue West, Erin Sweets Candy Co.: The Building Inspector presented a request for a building permit for the Erin Sweets Candy Company at 7100 Madison Avenue West. Mr. Kaye Westerlund was present, representing the company. The Council dis- cussed the problem of possible odors and ways to eliminate them. The same stipulation will apply here as in the preceding paragraph. (see Council minutes 1-21-64 and Building Department files). MOVED by Flannagan seconded by Teresi carried to approve the request of the Erin Sweets Candy Company, subject to the odor prevention stipulation, and subject to the approval of the Building Inspector. The Mayor declared the motion carried and the request for building permit approved. Consideration of Policy on Means of Conveying Property: Mr. John Voss, Planning Director, was present and reviewed ways that prop- erty can be conveyed in the Village at the present time.