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HomeMy WebLinkAbout19400226_REGULARUinutes of the regular meeting of the Council of the Village of &dine, held in Grange Hal1 on Febrwry 26, 1940, at 8.00 O'clock PHe The meting trao called to order by the President, the roll called and all members of the Council tsre present. Xinubs of the regular meeting of the Council held on Pebruary 12, 1940, and the recessed portion of the 8me meeting held on February 19, 1940, rare reade On motion Irgens they be approved as read, seconded by watt and carried. The Road, Vi1I.w and Intercepting Sever Inspectors pay advances havhng Wen carefully noted and found correct, including bill of Loosen Plumbing Company for cleaning obstruction in main line of District Noe 3 sewer in mount $8.50, were on motion Yillson, they %e duly allowd and ordered paid, seconded by \watt and carried. I ' Petition by 9 residents being the majoriw of property omers on Abbott Placo from mst 54th Street to Bard Avenue, vas received petitioning for sanitary sewer to connect trith new intersepting 8ew3r and vas on motion I;s Ebore, .bz received and referred to Sanitation Committee, seconded ly Irgens and carried. -Nilton Gutteraon, submitted a proposed plat of Cascade Falls Addition, being a resubdivision of Lots 18 and 19 Auditor's Subdivision #259. After study and discussion ms on motion Tillson, Is tentativeby accepted subject to grading and graveling of' streets by Er Gutterson, seconded ly matt and carried. rr I.& So C. Ryan, accompanied by 33 Norton mite, appeared before the Council with plans and sketches of a proposed building to contain Bornling Alleys to be built on a 70 x 150 ft tract being the South Bast corner of Lot 45 Auditors Subdvn. #172', and also made application for Bo17ling A3.ley License. After dis-- . cussion, it was moved by Irgens, aat the application be accepted and placed on file pending adoption of Boslling ALley Ordinance, seconded by Lfoore and carriedo. Application by Uinneapolis G. AD Company for permission to set 2 poles on Bruce Avenue, South of XQst 50th Street, {vas on motion Irgens, 'be granted , seconded by Willson and carried. Application by Ninneapolis G. E. Company for permission to set Zrpoles on Wst 48th 'bett.;sen Ruthlege and Brookside 8 2 poles on Kent Awn= Eest of Highmag #/lo0 and 4 poles on Aast Sunny- side Boad Rorth&f %%at 50th Street, vas on motion Irgens, be referred to Road c% Bridge Committee for in%!stigation and report, seconded by Villson, and carried, XI? Damns presented easement for highway purpooes to proparty lying East of Dublin Road South of mat 70th Street, Prospect Hills Addition, t~hich was referred to Village Attorn@yo After discussion, it was moved by watt, that bill of Village of St Louis Park in amount $85.00 for fire department service on July I.?, 1939, account burning truck af Brookside Avenue and Highway #169, beraring Xotra LAcenee 83'3'707 and 4869 ovned by one J. E, PredZickaon, be referred to Village Attorney for collection, seconded Irgens and carried, Recorder read a letter from the Council of the Village of St Louis Park suggesting that a definate contract be entered into for fire department service and vas referred by the President to a Committee consisting of the President and Recorder who would viait the St Louis Park Council a$ its next meeting and report. 233 It was moved by watt, that the bill of Suburban Hennepin County Felief Board for January Relief covering $873.09 in relief orders $109.30 for overhead and $370,00 for 37 WA casea,@ $1.00 each in total amount $969.39 be duly allowed and ordered paid, secon- ded. by \Villaon, and carried. Village Attorney Holten preaented the proposed and redrafted Ordinance to License and Regulate Bowling Alleys in the Village of Pdina, whereupon Trustee Irgens offered the following Reel. olutisn and moved its adoption: ADAORDINANCE LICENSING= AND REGULATING BOWLING ALUYS AND PROVIDING A PJ%W’LW POI? TRE; VIOLATION THBT&QB The Village Council of the Village of Pdina, in Hennepin Count3r, Ninnesota, does ordain as follovos: f.. Section 1. Application. This Ordinance aha13 apply to any place where one or mom bowling alleys are operated or maintained exeept for private family urJe, whether such place is a social. club-or a business enterprim operated for profit. Section 2. IXffnitian8. Except &s otherwise indicated by the 1. conext, the following definitions shall apply throughout this ordinance 4 ftBawling Alley” shall include any place to which this ordinance applys, as set out in Section 1. ltBrsonf~ shall include persons ; firms, partnerships, corporations and ass oc iations . Section 3. Brmission of Council Required. No bowling alley shalb be maintained or operated without permission granted therefor by the Council, either in the form of a permit or licensee Section 4. Fermits for Clubs. Permission of the Council to operate and maintain bowling,alleys in an establishmnt which is not a business entempri8e operated for profit, but a bona fide club reetrfctfng ate privileges to those paping a stated rnemmrsbip fee and making no charge proportional to the use of the bowXing * alleys, may be granted bn the form of a permit for a fee of $5.00J per year for ew,h such c~lub. Every provifjisn of this ordinance shall be deemed to apply equally to such bona fide caws as-to a commercial bowling alley, except as herein expreaaly provided Q the rwiee Section 50 Lfcsnsee-Else, In a11 case^ other than thoso. doscribed in the precedin~ssctian, a license shall be necessary. The. fee . for such license shall be $10.00 per year for each alley. SecCtion 60 Applicstians. Applications for such license or permit aha11 be filed with the Clerk OF Record~r. The- ome.r of’the bowling- alley, or in caw ~ of‘a partnership, all the partners, or in ca~e of a corporatian or assocdation, a majeri%y of .the- Boami? of Dir8c.tors or the other governing body, and also the person who 2s to be in charge of the bowling alley, shall sign and’smar to the truth of such application. The.- application iJhall contain % I the following information: (a) owner of the bowling,alley, or if -owned by a partnership, of the partners, or if owned by a corporation or &ssoeiation, of the execcutim. officers, directors, and ’manager of the bowling alley and-of such stockholdere as, .cellc:dtfvelx; ~rn seventty-five per cent of the capitol stock. Narries, residences and occupations for last five .years of the 254 (b) Vhether any of the persono listed above in ansxer’ to (a) has been convicted:of.-a felony or nisddmanor, and if so, the date and place of such convicttion andthe offense. (e) rahether any offhe prsona listed aboye in anst.;er to {a) is an habitual user of intoxicating liquors or narcotic: drugso (d) mether any of the psrsons listed above in answr to (a) has ever operated or been employede’in or connected with a pool or billiard hall, OF bowling alley, in this municipality or in any other place, and if 80, the namp of the plws, dates of auch con- nection, and whether the licensa of such hall or alley tms revoked during such canmctiono (e$ Such other infsrmafion a8 the Council may require from time to tinsr Any falsehood in such application, or any wilful omission to seate any information called for on such application fbrm, shall render any license or permit issued thereunder vorkd and of no effect to protect any person from prosecution for violation of this ordinance. Sewtion 7. hnd. Applications for license shall file with such izDplbcation a bond running to the municipality in the penal sun of $200.00 on a form furnished by the Clerk or Recorder, executed ’By a surety company authorized to do business in this State, con- ditioned’for the due observance by the applicant, its agent and employes, during the period of-the license, of all laws md ord- inances non or hereafter in foqce in the municipsl2.w relating to the conduct of bowling al2eys. from the applicants for permitso 30 such bond shall Is re.quirod Section 8, No license or permit trill be issued to my persona, singly or in a group, unlsse qnd until tlie Council can be eatisfiedo (a) kat all persons to be connected with the operation of the bovling a1Uy are responsible and of good moral charqcter. Refusal of License. I (b) That no prson to be connected with the operatfon thereof is an habitual user of intoxicants or narcotics, or has ever been convicted of a felony or misdemeanor. (c) That either the person to whom, or firm or association to which the license or permit is iesued, nor a person employed ljy Or connected with it, ha8 Men within five (5 7 year6 inmediately proceeding sugfered & revocation of any licenae for t&e operation of a billiard hall, pool hall, or bowling alley, either in this municipality or any place elso, (d) mat the proposed building Therein the bowling slhey is to be located compliees , a8 to conetruotion, with all the village ordinances and state lam then in forqe, The-CounciJ: shall haw powr to require filkng and submission of plans and specifications of the proposed building, and shall determine if said building,, mhether erected or to be constructed, is properly constructed with reference to the number of ‘exits, proper ventilation, lavat- orise and dressing rooms, light facflfties and sound prooffng, (e) The Council may also, as a cond&tion to the granting of R license or permit, require that parking space be provided by applicant, for use of patrons, other than public streels. Furthermore the Council may, for any rsseonable cause, refuse to grant a license or permit. Section 9. Seauancs; Description* Then the proper fee and bond have Ben deposited with the Clerk or Recqrder, and the Counci.1 has SQ ordered, ths Clerk or Recorder shall iesu~ the license or yesmit. The License or permit shall1 spcify the nam of the 253 person to whom granted, and the specific place where the bowling alley is to be located, It shall read to be effective from date of issuance to the following ApkiX 1, It shall not be transferable, It shall be conspiemously posted in the boding alley to which it applies; no prssn shall post such license upon premiees other than tho$& for which i~tiucad, nor deface or destroy any such license or permits. SwtCien 10. Revocation. All licenses and. permits granted hereunder shall Be revocable for cauie a.t any time, on rdasonable hearing prescribed by the Councile If there shall be two convictions for a violation of this ordinance in any bowling alley, whether such vjtolation be by the same or diffepent ihdividuals, and whether of the same or different he?eof, the second of such conviction shall autonaEctical&y revoke %h.e license or permit under whiokr said bowling aXley IB operating. No refund offe~da will be paid on revocationo Section Ita. Penalty for Property Owners. BTo person shall permit any real property owned, leased or controlled by him to be ueed a8"a bowling alley without a, liceneeL.or permit ae provided herein. Section 12. Fraetfcee Prohibited;;: It shall M unlawful for any person to t&om a, license or permit has been granted,,or for any employee of auch perSon, in any bowling,albey or any appurtenant or c cmnec tad. place : (a) To permit any form of gambling (b) To permit any pereon to Mcormtdfsorderly, or to uee profane obsene or indecent language (c) To keep such bowling alley open, or to operate betmen 1.00 AeM, (d) Ta sell, give asmy, or poeeese, or knowjngly allw any person .' dn' theLbsmlingyalfey to selL, give away or posasea~~ intoxicants or narc otfco (e) Knowingly to employe any person Mho has been convicted of a * 6 ,felony or rniedene8nor. Section K,3. Responsibility of Pereon to morn License or Permit is Granted. The conduct of the agents and employeesp4of a persom to whom such license Qr permit is issued shall Be deemed the conduct of the person hlmnself. and 6.00 A.H* Section 14, Penalty. Any pe9s.m violating any provision@ of th&@ ordinance shall be guil$y of a misdemeanor punishable by a fine of not leas than $5.00 nor mors than &LOOe0O, or imprisonment for nest less than 5 days nor more than 90 days plus, in e ither case ,' the costs of the presecmtion. All provirjionrj of ordances incsn'crieten% herewith &re hereby repealed, and this ordinancQ shEclX be sffXatiive on paBs&ge &ndl publkcatiarr according to 18w. Section 15. Separabilitye Emh and every parti of this ordinance is declmred to be eeparate and independent of evsry other paart. . If any part hereof is declared unconetitutional. by the Courts of the State, that face shall not affec$ any other part. The motion to adopt the Resolution ma seconded by Truetee Willson *am?. the vote ms upon the question of the adoption of the b8olutisn wherein there mre five (5) ayes and no (0) nwa RB follow: V@aLt aye, llrillrton aye, Ergens aye, Moore aye and tRmttCrberg aye# and so the Resolution wag declared duly pawed and adopted, AT TB S T : . sollcit or accept business on the streets of this VilIage or stand or wait for hire shall have‘ some desiqna- tion of the character of the vehicle apnenr in plain visible letters thereon. Section 6. Taxicab Cruds.-The oper- ator of any taxicab shall cause to be printed in plain Ie~ible letters displav- ed inside the tahcnb a card givin~: the number of the license. the rnnximum After ~~BCUBB~O~, it was9m07md by Irgens, that the pay of the Village Treasurer far the ensuing year be Bet at $30.00 per month and that the premium of Trea8ur@ris bond be’paid bf General Funds and with the understanding that the Trwsurer will furnish etll mrnWra ofI*the Councbl. mith t3, cursent monthly stattenen% of ;receipt8 and diabursemn’bs ttogathsr with bank balances , seconded by Willson and carpied. Eo furth@r business to corns before thfs meeting, motion to adjourn carried I- - i at 11.15 PE, (Official Publiuaon) V-ge of Edina I Hemepin Conntg, nripnesota ’ W ORDINANCE PROWIhG FOR Tq REGrJLATING THEIR. OPERB- TION IN THE VILLAGE : OF EDIN.4 Phe Vnge Council of Edlna do or-’ iain: LICENSING OF T.4SICABS AND I Village Recordere Section 1. Deihitions-Unles other- dse expressly stated whenerer used in his ordinance, thc! following words !hall haTe the mynlng given to them iy thk section: a. The word “taxicab” shall man and include my motor vehiclepen- gaged in the carrying of persons for hire. whether over a fixxed route or not. and whether the same be oaer- ated from a street stand or subject to calls from a garage. or otherwise operated for hire: but the term shall not Include vehicles subject to con- trol and remation by the R&&d I and Warehouse Commission or ve- in carrving on their bm‘iness. b. The word “Street” shall mean and include anv street alley avenue court, bridge, iand 0; pubiic piacd in the Villave of Em. c. The &rds “taxicab drirer” shall mean and include anv person mho drhs a taxicab whether such per- son be the own& of such taxiab or : be emPloYed by a taxicab owner or , onerator. hicles mgUlWlS used bV underkikers .. - --_- -. I Secaon 4. Granting License-If the Villare Councll is atisfied that th~ aublic convenience and .ood oGer a1 be served therebv. it mav firant a li- cense to any suh applicant, provided the number of licenses issued nnd th; cab drivers shrill be clean and courteou taxiwbs OperatinF: thereunder shdl -be flxed by resolution of the Village Council. Each license granted shall be riven number and shall rive the , at all times. . _. b. NO drirer of any licensed taxi- cab shall carry any other than the passenger first employing a taxlab without the consent of such pas- senger. c. No person shall charge or at- tempt to charge any passenger a greater rate of fare than that to which the taxicab is entitled under the resolution of the council d. No bslcab driver shall deceive any passenger who may ride with him. or who may desire to ride in any such vehicle, as to his destination or &tame traveled or to be traveled. e. merg -ab shall be provid- ed with mindomzr in the tonneau sufaclent in number and of such size and dimensions that at all times +percons may be readily seen throu-h such windows with s-cient 6- tinctness to identify such person. Section 10. The grantinp of a Ucense shall not be construed to give the drirer or operator any special privileges SO far as trafilc rules or regulations are concerned and all taxicabs shall he subject to’ all tmBc rules or rematiom the same as other vehicles. Section 11. SepanbiIity-Erery sec- tion, provision or part of this ordinance is declared separable from every other section, provision or pzrk and if any section provision or part of anv or- dinmci fihsll be held inralid it’sbau not affect any other section, ‘provision or part thereof. Section 12. Pend@-Any person vi- olating the prorisions of this ordinance shall be guilty of a misdemeanor and shall upon convicition thereof be pun- i.&ed by a flne of not more than One Hundred Dollars ($100) er bv im- prisonment for not more than ’ninety days for ea& oifense. Section 13. Effect--This ormance shall take effect from and zfter its pa.sage nnd publication, and upon the adoption of a resolution lixing a schedule Of rates to be charged and &.g the number of Ecfcenses and taxi- ubs to be licensed hereunder. Passed by the council this 20th dag Of Norember. 1939. (Em=) EARL c. SHARPE. President of the Council. ATTEST: Ben E. Moore. nwiiber ad an adequate tlescriution-iif the tayicabs licensed thereunder. I Section 5. &em tcLxic?b which shall rates of fare to be charged. amximum rates charged for convevmce fn taxi- I Cabs in this villace Shill be fixed bV Iresolution of the Villnce Council from time to time. NO operator or Gsiu3.1 driver shall charge anv pwenjier a rate in excess of such flxed rate. Everv UmsenEer shall receive. on reauest. b Feceipt-therefor when he DWS his inre showing speedometer reading at start- ing Point and end of tria and amount paid; Section 7 Taxicab Drivers--No aer- son. either the operato? or-employei-of such onemtor. shall drive a hxidcab in the village without first haTU been licensed aS a chauffeur under Section 2712. General Statutes of Ninnesota. 1923- and every driver shall display sui aauffeurt license badge consDic- uousls upon his coat or cap as therein provided. Sectlon 8. Insurance Policies-Before anv taxicab is onerated under the U-I If -said applicationis ma& bv an individual owner. it shaU be Sfwed and sworn to bv such owner- if it is by a partnership then It ;hall be signed and mom’ to by one of the nartners- and if bv a corporation then bg one of the dulv elected officials of said corporation. Section 3. Taxicab Operator‘s Fee- The applicant for a taxicab opentor’s license shall before being issued said license. pav ’into the Villace trenm the sum of Fire Dollars ($5) for ench and every Vehicle to be so lic8nsed- provided, that if the Said Ilcense 3 denied for any reason. the aforesaid fee or fees shall forthwith be returned to the aPPliunt. The Iicenses hereunder shaII expire on the 31st day of hmrch in each year. Any license mag he trans- ferred during any sear onlr upon the additional pamnent of a proportfonal part of the fee by the transferee in nd- dition to the remar fee paid bv the transferor when the licexw vns !.sued and upon approral of the Village Coun- . tg- of_ such h?.nSfer- cense herein mennoned the olaerator shall deposit with the Villa6e Olerk a ‘uolicy or policies of an insumnco com- uany or companies dulv licensed to transact such business In this state. insuring the operator of any hslc3b against loss from the linbilitv imposed ,by law for damases on nccount of ,bodily injuries or death. or for dam- :aces to nrolaertv resultinrr from the1 oirS;eriaip; maintenance or-use of any taxicab to be owned or operated under such license. and agreeing to pzv ti, any judgment creditor to the ehent of the amounts swcifled in 6Uch Po& cv any ana1 iudeent rendered a%imt thk. mured bo ‘rezsen of such Ifabil- i I ii$; +iie-poiicf or nolicies &all be ap- umved by the village attorney es ta form and comDli,liance mith thls ordin- Village Clerk. (Published in The Henneph Countv %Y.iew on Thmdas, 0 February 8. 1940.1 (2-1-40) - .z- - -- I ance and in such rensonable amount as the Village Council shall determine. c--.- I-_ Ai _-__ sectton 9, Miscellaneons-(a) All bsi- I