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HomeMy WebLinkAbout19450226_REGULARAll members of the council Bere presente Eotion to approve and allam the foXlosing payrolls vas made by Villsoy1, seconded by Vyatt and carried: Pqyro11 Paid, 'Eebruary 26, 3945 Claim Xo. Gross Amt. Vi€kho Tax Conncil To Lo Tod& 2835 $ 50.00 $ .I0 Pqyro11 Paid, 'Eebruary 26, 3945 Claim Xo. Gross Amt. Vi€kho Tax HOSP. Conncil To Lo Tod& $ 50.00 $ .I0 2835 -0 - -0 - -0- -0 - -0- -0- -0 - -0 - -0 - -0 - Boxer Ikwthorne 2836 50 000 Geo. A. VZllson 2837 35.00 Haro1d C. Uiileg 2839 35.00 J. J. Duggan 2840 30 000 I&. LaHo Campbell 2841 30 .OO 4Zar1 H. Cove11 2542 75.00 PJard 3. Lecis 2843 75.00 BpO A6 SO gya%t 2838 35.00 Tot& Council $gimm 0 10 -0 - -0 = -0 - -0- -0- 0 70 35.00 35,OO 30 ,OO 30 74030 74.30 $413.40 0 70 8 1.60 162.50 Alhninistra-kiive Phil IT. SEnfth 2844 20.40 2.80 1.50 140 60 Evelyn Xjoa 2845 '77.50 Gretchen Schussler 2846 770 50 Total Main. $317 . 5Q 1. 50 73 . 20 075 . 65.65 t)3 75 $279.45 $1.50 $127.58 -0- 88 21 11.20 ' $ 34.36 - $l46.1& Police Depetment 2847 6.10 $ 35.10 1.50 86014 $3.00 $301.93 8 3.530 11 50 7.80 1.80 5.30 $1.5Q $' 99.9'7 1.50 85e61 1.50 91.37 105Q 860 30 1.5Q 81 0 42 P. H. Dahlgren 2853. 98.61 S1 5. Roberts 2852 IOQ.67 John Tracy 285 3 89 e 60 Harm JOZXLS 2854 88.22 E. 3. Eerfeld 2855 106 o 70 Total Regular TXen $600.57 1.50 96.20 $540*37 $1050 $ 65.18 -0- 59,90 -0- 21.00 -0- 21000 -0 - 5.74 -0 - 2.10 $ 1020 4.50 -0- -0- 1.26 -0- -0 - 8 6C96 Sam Ecbready 2857 64e40 John Person 2858 a.00 Tape Tracy 2860 7.00 0. 17. Austin 2863. 2.10 v. Ox-boro 2862 4.90 Total Hourly Een $388.28 John EcEelLis 2859 21.00 -0 - 4.90 $1.56 $1.50 $3 98.60 618a75 $1814.07 9.90 \j13 8 56 Xotien fa qprave ana allan the folla~ving bills vas made by Wyatt,- ' seconded by Villsort ad carPiedr Bills Paid 2ebruary 26, 1945 Claim Xo6 Amt . 2864 9T. 63 DOE J. EcClel lm Seuer District $9 SeQer Dis-krict #9 SeTlrer Dis'i;rict #Q Total Escellaneous Bills 2865 2866 2867 2868 30 000 228. 29 46.40 52.83 $363 15 Pzopasal ~zas received fmn Hardrrare Eu%ual Insuranae Co. go ft.xm-~ish fleet insurance for village vehicles and vorhents compensatian insmace. Pede2 Eickelsent 4390 Coolidge avcaue, appeared to discuss st proF@ ed plat of property south of Fifty-sixPih street and betweerr Xerxes and Fraace avenues. Eotlon $0 refer the matter to the planning comnmission vas made by Hadhorna seconded by matt and carri eao 37' Letter was received from Edim Covenant church and a dezegation zepresentirzg &he church appeared t-o discuss proposed construction of a church building a€ €he southwest corner of Fiftieth street and Indianola avenue. Xotion to refer the matter to the planning commission was made by Villson, seconded by 3yatt and carried. Petition requesting construction of sanitary sexeE on 8. Fuller* street frm Beard to France avenues was received, Kotion to refer the petition to the village manager was made by Eamthorne, seconded by Vyatt and carried. 3Iotion to incorporate into %he minutes the following letters of A.3. Bryngelson: dated January 4, 1945, and February 24, 1945, and Bryngel- sonts summary and statement of facts regarding the application of Lucille R. Nolan for an off-sale liquor license was made by Villson, seconded by Utley and carriedr Januapy 4, 1945 Bower Hawkhorne 5301 Einnehaha Blvd., Edina Einneapolis , Einnesota Dear Er. Haxthorne: In re: Lucille R. Nolan Applicatian for ".Off -Salett Liquor License. ItL enclose helrewith copy of statement of fachs attached to application for liquor license in the above eniiitled mtter and brief financial statement showing fixed annual obligations of Ers. Nolan on her property E& 3926-28 W. 50th Street. port of the application at a time suitable and canvenient Zo m members af the Comcil.'L nI Qould like an opportunity to he heard briefly in sup- Yours very truly, (Signed) A. 1. BRYHGELSON (Attached Statement of Fact 1 'IIn the Eatter af the AppXication of Lucille R. Nolan, 3926. W. 50th Street for an Wff-Saletk Liquor License It There are ceptain facts which I, the applicane herein, desire ta bring before your honorable body, which I believe to' be germaine -b the issue presented by the applicakian and, therefore, beg leave %a su-pplement, a;ttach to, and make ai pert of said application z stateme& as f ollowst Due to circumstances over Fvhich I have no control, L mas forced to close my place af business about a month aga. It fs a tvell known Tact that the war has created a labor shortage in civilian activities. Because or" the labor situati'on, I tpas unable to carry on: the businessI I have far many months last past done practically all af the cooking, and Leo, my husband, all. of the baking. by my inability %o obtain cooks and bakers tvho would stay on the job far more than one day or, at the mastf a feB days at a time. soun became apparent that my health, and that of my husband, was gradually being undermined its evidenced by my husband's loss of 30 pounds in m%ght and by mF omn exhaustian and resulting inability €Q carry on. Inability to keep and retsin compe%ent waitresses mas mothel? factor in the closing of %he business. Efficiency and cooperation among RaTtresses were lacking, notwithstanding the fact that 1 was reqdrired to and did pay 8s hiigh as $25.0o per meek, which together wi%h tips amounted to a not of $4OOOO, and more per veek. The physical and financial strain was €00 great, and I fimlly deemed 5% advisaue ta close temporarily. Ky large investmen% and annual fixed charges FitilIz of course, make 2% imperative that I reapen its soon as possible, This situation was created Zt 9 3 8. Should application far 'boff-s&let1 be granted, I plan Lo pun an exclusive liquor store in that portion of the building vhichIzas been used as the bakery. and that; part of the building directly in back thereof , which has been used as part of the restaurant There Stre tmo separate entrances in the front par% of the building, one in the bakery ad the other in the bar and eat shop. Eo utilize the bar and eat shop for short orders. This pap€, hom- ever, would be completely shut off from the %ff-silJ,elL portion of the building. I believe that with the income from the short orders and 'LoOff-saleti liquor sales, I iTill be able to pay the fixed charges on my investment, save my life earnings, and eke out a living far myself and familg in the future, vhich at that time committed the Village Council to the policy of one "off-sale" license. Language to vhich I refer is as~folloms: I plan further I I informed that on January 11, 1937, an ordilzance vas passed "The sale of intoxicating liquor as herein defined in the original packages for removal from the place of sale shall be licensed only at one exclusive liquor store.t1 To grant this license it will be necessary to amend the ordinance. I am advised by my attorney that this provision is void and un- constitutional because it; violates the express terris and provisions . of the state law, Section 3200-25, &sonts 1944 Supplement, shich reads in part as folloQs: "In all ather citiea, villages, and boroughs, the number of *off-sale* licenses to be issued therein shall be determined by the local governing body." It is apparent that the ordinance deprives the present Village Council. of its legal right af fixing the number of .%ff-saletL licenses. It is frandamental that the right under this lam of each village cauncil fa fix the number of tloff-sale" licenses emnot be nullified by an ordinance. Provisions as to amendments are as follons: [Uim.Statu%ss, l%I.9 Vol. 2!, 412.3.9) nSubdivision 1, Xembers; pomers. The village council shall be conposed is5 five members, of Qhom three shall Be a cpurm, and have pover to sdopt, amend, or repeal all such ordinances, rules, and by-laws 8s 3% shall deem ex- pedieal for the purposes see out in subdivisions 2 to 25." I am infarmed that the state latr pertagnirrg to %ff-saletE liquor licenses coEtains a provision as follotrs: tL3200-25. no€ mare than one "off sale' license shall be issued to any city, village 01 borough of less than I, 0 0 0 papullat i an. I* In vie13 of the fact %ha;% the Village aP %dim has '7,000 population, 1 urge that the Villsge Council is regally bound to fssue at least one more %Pf salen license. I request that opportunity 'be granted further presen% argument fn support ~f the contentions hereinbefore set forth. (Attached Financial Statement 1 Property of Lucille R. Eulan, located at 3926-3928 F7. 50th St. Ifiraespolis , Ennesota LQ~ purchased in 1938 Purchase price $5,500.00 &in builbing erected ir, 1940 a% cost of $31,699.90 Garage $668.12 Proceeds of mortgzge used to finance construction. &noun% Last mortgage payment of $207.40 $20,000.00; Interest at the rate of 4-2 per cent, containing monthly pay-off pravision of $20'7.40. made an Xoveriiber 1, 1944, reducing principal to @7,478.35. 39 t Wome of fixed annual charges as follotas: Bdortgage pay-off $20'7,4U per month Fire insurance - on m.iXings Fuel for heating Real estate €axes, 1943 Personal property tax, 1943 $2X1.60 . on fixtures 62.0.8 Total fire insurance !$2s 508 . 80 s 282.68 500 08 501.63 60.47 - $3 9 853 0563 Income : Rental, 'Adolphsour & Olsono Grocery $150 ;OO per month $I. , 800 * 80 FebrtaaimTg 24, 1945 To Le Todd Preso9 Village (rouncil of Edina 4801 W. 50th Streee Bdim Kinnesota; De= Kr. Todd: UYour' let'cer of the 20th inst. inviting Ers. Eolan and me to he present, should we so desire., a% the next regular neeting of the Village Council next Uonday, has been received. Thanks very much for your kindness, "You alsa state that dispositian of her application f or an off-sale liquor license will he made at that time. state that I vi11 be unable to be present . Elks . PScrla~ has indi- cated that she ssould like to be at the meeting. Your cocrr-kesy in exkendixtg almast two hours of time to me in the presentatian and statement of om positicm was much apprecia%ed, and any furthem discussion of this maWer rtould. be repetition. probably merely state that I repeat and reaffirm the mat'iers set forth in my summary; a. copy af which mas handed to you and other; members of the Council, with parlicular eraphasis ta the all- imprat;ant point %hat the granting of *he qplicafiion t~ould researe competitian and desfioy monopoly. excikusive right cm privilege of engaging in a par.liccular traffic, is conkrapy to OUT best f5mraditions and American way of life. Compet;iticm, mich is the coun-benfifan of two ~r mope for the same objec%, is the ve~y essence of free enee-rfse. In business and oomercial activities, the chief antorrym of conpetition is monopoly and patience at the hearing, I amit AEB: es I regpet 20 ?&If I vere peesent; and asked to say anything, I mould monopoly, nhich is the "Again khanking you and the Council for TOW com6esg Teq truly yours, (Signed) A, E. BRYXGBLEOE Villson offePed the following resolufiiavl and moved its adoption: RESOEVXD that pursuant $0 the provisions of Masonts Einnesota Statutes,l940 Supplernen'ii, Section 3200-25, as amend- ed, the Tillage Oouncil hereby determines that the number of WfI Sale@ licenses to be issued for the sale of intoxicating Xiqum fn said village is one. resolutian Gas adopP;ed. f ITilZson offered the falloming resolution and moved its adoption: uRESOLVEB, %Imt after havjng given full considera$ian on the merits af the application of Lucille lfolan for apf 'Off Sale? license fae the sale of intoxicating liquor, the safd application is hereby denied.'" Eo-kion ta adopt %be resolution vas se rollcall there vere five ayes and nu Tillson, aye; VyaZfi, we; Ham'cho resalution vas zdopted. , Lekter vas received from Ernest J. Boyd declining a posi€ian as police patrolman because he vas unable to find a residence in Edina. ESotion to direct the village attorney to invesfigate use of properCg by J. A. Banens and Son and Don EcClellan was made by Villson, seconded by VyaEt and carried. Uizley preseneed a seqer rental 'budget for 1945, shoving estimated sever sental revenue of $6,438 and estimated semer operation and mair,- temnce costs of $536990060 The village manager vas directed to investigate possible changes in me-kbod of handlirrg fire department eelephone calls to relieve ELrs. Blanche Eerfeld of the inconvenience of ansvering other than fire calls a% nfghtib - Havthorne: offered the following resolution and moved its adoption: I lWKG~S, Hilding D&19 Constable of %he Tillage of Edina, has fwnished bond Lo -he Village of Edina, as such constable, commencing January I, 1945, $0 the end of his term as such constable, c t%OV, THEREFORE:, BE IT RESOLVED that %he bond of HildinEf D&IS as Coastable, furnished on or about January 25, 1944 'by Standard Accident Insurance @oqmy, a Corporation af Betr0l€9 Ezichigan, as surety thereon, is hereby declared. to be terni- neted on January Is 1945, Eotion ta adopt the resolutian vas s there vere fSve ayes and no nays3 as Vyatt, aye; Eam%horne, aye; Tod TsotC;on to adjourn aas mde by Hav%h seconded by Villsor, and carried. All members of the council nere presento Dotian to renen automobile fleet bodily injury and property dmage insurance on village vehicles for the gear ending Eairch 8, 1946, with Fked La Gray Ca. at premium af $271.84 was made by Villson, seconded by Ha-kPrhorne and carried.