HomeMy WebLinkAbout19480405_SPECIALMINUTES OF TEE SPECIAL MEETING OF THE
EDII?A VILLAGE COUNCIL , HELD MO3TDAY,
APRIL 5, 1948, AT a:oo m!. AT THE
BDINA VILLAGE HALL. .
Members answering Rollcall were Child, Pden, Willson, &&home and Cooper.
ILIrs. Evelyn Knoblauch apseared to inquire about On-sale Beer License granted at
last meeting to Bdina Recreation Center (.Cafe) inasmuch as only three such
licenses are permitted by Ordinance and m'aximpn number of licenses had &ready
been issued,
a maximiun number of six On-sale Beer Licenses', in viev of the growth of the
'Village since 1937, at which time the maximum three licenses vas established.
After considera3le' discussion as to the num'ber of licenses to be alloaed at
present, Hawthorne offered the following Ord'inance and moved that the Counzcil
dispense with second reading thereof ad adopt Ordinance as read:
President Cooper reconimended that Council amend Ordinance to d.10r.r
The Pillage Council of Bdina do 6rdain es follows:
Section 1, Section 1 of an.ordinance adopted by the Couuzcil of the
Village of Edina on J&wy 11, 1937, entitled ''An ordinmce regulating the sde
of malt and'intoxicating liquors, fixing the fees therefor, repealing and mend-
ing existing ordinances for the prpose of promoting and szfeguarding the public
health, safety, morals, order, convenience
said village," is hereby amended to read as follovrs:
prosperity and g.eneral Gelfare in
Section 1. The sale of non-intoxicating malt liGor, cont~ning
not more thm 3.2 per cent by volume of alcohol, for coasunption on the premises,
is hereby limited to private golf clubs owning and operating club houses for their
members in which refreshments are served as incidental to the regular business of
the club, and not more tllan four (4) regularly established restaurants.
shall be permitted in azly restaurant so license&.
contazning over 3.2 percent of alcohol by volume, for consumption on'the prenises
shall be licensed only at private golf clubs eligible €or an 'Ion sale'' noa-
intoxicating mat liquor license under this Ordinance.
>To dancing
The sale of intoxicating liquor,
Section 2, This ordinance shill take effect and be'in force from md.
&ter i%s passage md publication,
Hawth6rne's motion for adoption of the6rdinsince was seconded by Palen, and on
RollcaJ.1 there werd four ayes and me. as follows: Child, aye; Pden, aye;
Willson, nw; Hawthorne, aye; and Cooper, aye; and the Or
President of the 'Village Coydh.
&s, Knoblau-ch advised the Coweil that negotiations vere under t'lag for the partner-
ship of which she is a member to take over the Edina Recreation CeilCer Cde as of
April 15.
Recreation Center Cde as of ArJril 15, 1948 for the period e,xpiring ApriL 1, 1949,
Motion tras seconded by Pden and carried, with Willson voting nay.
At this time
ghis Ordinace established an kdvisory Edina Lipor Control Col3Mission of seden
members, three of vhom would be members of the Council.
the aLJpointment of an eilt'irely neutral Comission with no Council mezbership, and
Clerk Hawthorne wgs in agreement with this suggestion, President-Cooper mdnteined
that those three nember's of the Couucil'vrho had 'been inst+ental in the establish-
ing of'the store should be on the Comission.
of a neutral comission vas that Comnission would be more active and enthusiastic
Hawthorne moved thst license €or On-sale Beer be granted to Edina
"Ordinance Establishing a Nmicipal Liquor Dispensary" vrag red.
Em&ieE &33d advdcaDe8.
Hr. Havrtilbrners argument in favor
4/5/48
in their efrorts without Comcil representztion.
Comission, Tfaich vas originrilly established to include Council nembership mad &s
since been changed, vith better results,
have some Coucil representation. Hs-fihorne offered the -following Ordinzuce , moved that
the Council-disgznse vita the second reading md adopt Ordinace 2s read:
He cited the case of the Planing
President Cooper insisted that the Comission
A?!T ORDIJJANCB 3SJ?.KB&ISHIBG A I*K?XICIPAli
LIQUOR. DISPEBSARY
2he Council of the Villase 09 Edim do ordain:
Section 1, Definition of terms, & used in this ordinance the tkms:
(a) ffIiltozicztin~ licuor"' an& Qiquorll mea distilled, vinous an& .
(b) itBeerlt means my malt beverage vith an alcoholic content of more
(c) I1Off-saleff means retail sale in the original pac-e for cow
(6) ifSelllt includes all barters, gifts. and other means of furnishing
(e) Qinorl' means any person under' 21 years of &em
fermented beverees contzhing nore than 3.2 per cent of alcohol by veight.
than 112 of 1 per. cent by volurne and not more than 3.2 per cent by weight,
i.
sumption m.z.y from the dispensm,
into-xicating liquor or beer in violatiou or evasion of this ordimace.
r
Section 2, Disnenswy 3stablished. !!,!here is hereby established a
nunicipd. liquor ii2spensary'for the of2-sd.e of intoxicating liquor, Xo liquor rn~
be sold at retdl elsewhere in the village or by anyone not employed in the dispensaq
except in such clubs as nay laT.riul3.y 'be authorized by the Counoil. 'Eo person shdl
conme liquor in a pu'blic park, on apublic streef;, or in any public place, -
Section 3. Locc7.tion and Opera,tion,
(a) 2he dissenssy shl be located at such suitable $ace in the
village as the council detersines by motion. However, no prenises upon which taxes
or other piblic levZes are delinquent shall %e leased for disgensgry pursoses,
(3) Tne mnagernent of the dispensary shalL be under the control of
an advisory comission consisting of seven individuals al?pointed by the Council.
The mem-iers of sad dvisory commission, which shall be knotm as the Bdina Liqhor
Control Commission, shdX be appointed'by resolution of the Council ad sWl con-
sist of the Presfdent of the Council dd six other ind.ivi&uds rho sal be residents
of this VillGe, a1 nerabers of the Conmission shall serve ktthout compensation,
Ellembers of the Commission, other t"hm members of the Council., shall be zpointed
for a term of three years, exce9t that when the Commission is first qQointed tvo
meinbers shall be asointed for a one year term, tvo members for a t<o year term,
and ~WO members for a three 3w term, !he term of jrl, members first appinted,shaZl
3zzmz %e deemed to have donimenced 5anary 1, l9M,
@ete powers of superqision, direct,ion arzd control of the dispensary, but the Council
reserves the rZ&t to terminate the' exis%ence of said Comnission by resolu$ion zt
any tine, %I uhich case allgovers of the Commission hereunder shall vest In the
Council.
mmzger selected bx the Comission and paid such.compensation as is fixed bg the
Commission, The manager shdl ogerate the dispensary under the direction of the
Comission md shdX perform such duties in connection xith the dispensa;rg as my be inposeduponhin by the Comission. He shall be responsible to the Commission
for the con6uct of the dispensary in full compliance with this ordinance and with
the lais relating to the ssrle of liquor 2nd beer,
Sad Bomission shdl hwe con-
The dispenswy sW1 be in the immediate chage of a liquor store.
'
I ' (c) Pne Commission SMI. also qpoint such additiond eqloyees
as mg- be required for' the diszensarg and shall fix their conpensation, &I
enployees, including the'nmager, sM1 hold their positions a% the pleasure of the
ComissZon, No minor sh6Ll be employed in the dispensaxy,
(a) %very qloyee required for the dispensary, includbz the
mmager, shall furnish a surety bond to the Till&@, conditioned upon the faLtMUl
discmge of his &ties, in such s*m as the Commission specifies,
may lie paid by the Village pr -iy the employee in the discretion of the Commission,
'&e bond premiur;l
\ Section 4. Disaensary hd Created.
(a) A municipal liquor'dispensary fund is hereby created in which
all revenues received from the operation of the dispenszry shall be deposited ail&
from vhich all ordinary operating expenses shall be paid,
necessary to borrow from the general fune of the Village for initial costs of
rent, fixtures and stock or for operating expenses shall be reimbursed to that
fund out of the first availa3le moneys coming into the dispenssy fund thereafter.
Surpluses accumulating in the dispenszry fund may be transferred to the general
fund or to any other aapropriate fund of the Village by resolution of the Council
ad eqended for any municipel pqose,
Any amounts it m2gr be
(b) Xihe hzndling of municipl liquor dispensary receipts en@
disbursements shgLl conply with the grocedure prescribed by 1aFT for the receipts
and disbursement of Village funds generally and the accounts thereof shall be
examined annually by the State Public E-miner. I
(e) The accounting procedures of the dispensary shall be
established. by the Commission but the maintenance of a perpetual daily inventory
shall be provided for.
. Section 5. Hours of Onera,tion. The dispensary shall observe %he
following restrictions upon the hours of operation:
(a) on my election day in the-Village.
OF after 8:OO P.14. of any
until 1O:OO P.M., pro.rided however, tbt no Itof2-salelt shall be made on New
Years Day, January 1; Memorial Day, Hay 30; Independence Day, July -4; Thmksgiving
Day: or Christmas Day, December 25, but on the evenings preceding such dws; if
the sale of liquor is not otherwise prohibited on such evenings, ttoff-sd.eslt may
be made until 1O:OO P,H,, except that no "off-salett shall be made on December 24
after 8:OO P.M.
No sale of intoxicat'ing liquor shall be made on Sunday nor
No ttoff-salett shall be made before 8:OO A.14,
except Saturday, on which tioff-salesfl wy be made
(3) The dispensary shall not be open for business of any kind
during the hours i:rhen sales of intoxicating liquor are prohibited,
Section 6. Conditions of Ogeration and Restrictions on Conswnntion.
' (a) The dispensary shall not Gve swinging doors. A'll &do&
-
in the front of the dispens.arg shall be of clear glass and the public view of the
whole interior skdl be unobstructed by screens, curtains or partitions,
shall be no gzrti'cion, box,. stall, screen, curtain or other device,%? obstruc%
the general observation of any part of the dispensary room by persons in the room.
However, partitions, subdivisions or panels not higher than 48 inches from the
floor shall not be construed as ,such obstructions.
There
(b) 1To business other than the sde of licgor shall be carried on
in the dispensary-except the retail off-sale of beer and soft drinks,
(c) ITo pool, or billiwd table shall be kept in eny ?art of the
dissensary.
(a) no person shall keep, possess or ozerate in any part of the
dispensay any slot machine, dice or .other: gm%ling device or pemit the samc to
be kept or used, Ho person shall gamble on such premises. wd no gambling of any
chwaclher shall be permitted thereon.
(e) No licpor or beer shall 'be sold on credit.
(f) Ho minor shdl be pemitted. to remain on the'dispeasary
premises. I (PI No Zinuor or
(h) No kinor sh&lmisrepresent his age for the pu6pose of
obtaining liquor -or 'oeer.
(i) No Iliquor ox beer shd1 'be sold to an intoxicated.person.
(j) Xo person shd1 be permitted to loiter abou'c the dispensary Woit-
Ud.lY*
(IC) 80 person-of a hotm immoral cuacter and no disorderly person
sh-dl be pernitted on tho dispensary premises.
(1) 'irne dispensary shall be inspected by the heath officer of the
Villzge at least once a monhh and as nmy other times as he deems necessary to
insme that the praises are maintained in a sanitary condition.
Section 7. Re2eal. All provisions of that certain ordinance dopteci
January 29, 3-99, elltitled It& Ordinance Licensing ad Rebgplating the Sale of
Intoxicating Liquor, Repealing Inconsistent Ordinances and. ProvidiEg a 3endty
for the Violation Pfiereofyt md all amencbents thereof vhich are inconsistent
with the ordinance are hereby reFeded. I No provision hereof shall affect that
certain ordinance passed April 6, 1933, entitled 'I& Ordinance Licensins ad
Regulating the Sale of Ifonintoxicatins I\ljtt Liquors , Repeding Inconsistent
Ord5nances and Providing a Penalty for the Violation Thereofi1 and ordinaces
amendatory thereof ad a,q~ license grated thereunder,
a%€ect that certak ardinsce passed Jzni- II, 1937, entitled Irh Ordinmce
Regplating the Sale of &ilt and Intosicatins Uquors, Pisins the Fees TiereEor,
Bepealjag. .sidAzendinS Eds.f;in,p Ordinances for the Purgose of Tronotfng zrrd
Ss-egusrding the Wolic Health, Safety, Nor&s, Order, Convenience, Prosperity
and &nerd Ifelfse in said Village" or my menbent thereof, except that the
provistons OS Sectior, 2 thereof relating to 'che sale of off-sale intoxiczting
30 provision hereof shall
liquor as =ended on 1Toven'er 30, 1942, are here-oy repeded, *.
,I . -
Section'8, &.forcesent and Pendtg, It sld1 be the duty of d1 1
poxice ofr"icers ad constables of the Village to edorce the provisions of
this ordinance aid to sesch prenises anC seize evidence of hvr violation and
greserve the s-3~1~ as evidence agzinsg an$- person alleged to be v2olz~tin~ this
ordimce, and to pepre the necesssy processes ad papers therefor, E *
.by person violzting .sir provision of this ordinance sM1 be ,y.ilty .
of snisdeneanor and+qon conviction thereof shall be punished by a fine of not
nore thw One hundred Dollas ($100.00) or shall be inprhoned in the county jail
for not 'uo exceed ninety (90) dss plug the costs of prosecution ilr either czse,
proviiled, also, that my em3loyee of thg dispensary vY5lfully violating any' pro-
vision hereof or eny provision of the latrs of I-linnesota relating to gmibling or
the sale of intozicztingliquor or beer shrlll be discharged.
Section 9. Effect. This ordinance shd.3. t&e effect sad be in force
fron -ad after its passase an& publication.
Xotion Tor adoption of OrCinance vas -seconded by Child.
Tillage Attorney Shdhorst &.vised the Council that it is unable to delegate
actual responsi3ility for the operation of the Licuor Store to the Liquor
Conmission set up:i tais prozosed Ordiiance because of State LzL..~ governing
the powers and responsibilities of Village Councils;
can function as zn advisoq 3ody only,
responsibilities for signing checks and for entering into contracts
Upon RollcSI.3. for adoption of Ordinance as read there Irere five Wes ad no nays,
as follovs:
tad the Ordi3lmce was adopted.
7
king discussion
ad that-the Commission
He specifically citied the Comcil*s
Child, aye; ?den, aye; T'lillson, aye; &krthome, are; mil Cooper, =e:
?resident of the Village Co&cil
Village Clerk
President Cooper presented the following as hks nominations for the netrly established
Edina Liquor Control Commission:
l?* L, 'Podd, 54-04 Psk Place; C. J, Bezlmm, 4502 Oak Brive; &.fen I;, Kelly, 5204 So.
Bl&e Road; Eldon J. Korris, 490& 14aple Rod.; 2nd C. U. Cl.Ske, 5415 Ab3ott Place.
Nessrs. Chester SI. Bros, 4629 BrotmMe Avenue;
Eavtbrne moved for recess of meeting. Seconded by Pden and -carried..
Imme$%ateJy after meeting recess Havfihorne moved that I?resident's noninations be
confimed, with leIessrs, Bros and Todd aspointed for a three year term, 1-Iessrs.
H-&Ll.ras-i and Kel3.y apgointed for a two year term, md l4essrs. Horris znd Clarke
zwointed for a one rear term, d.1 terms beginnins Smu@y I, 1948,
by Palen aid unminously czxried.
I-lotion seconded
4/5/48
Ha,vthorne offered the following Resolution and moved its adoption:
RESOLU!rIO~' POEL SALE 03 mmm
'IlARRANTS FOR &iUXICI?~ LIQUOR
STORE:
BEdIT RESOLVBD bg the Village Council of'the Village of Edina that ' the Village Clerk be authorized and directed to advertise for bids for
the sale of Revenue l'larrmts in an &omt ?f not less than $30,000 and
not-more thG $100,000, to 'be used for rFiaac%ng-the establishment and
opera.tions of the Himicipal Liquor Store,
Motion for adoption of the Resolution vas seconaed by Pden, and od Rollckl
there were five ayes and no nays, as follows: Child, aye; Pden, aye;
t!illson, aye; Hawthorne, raye; and Cooper, aye; and the Resolution vas adopted. .* t
President of the VillageFouncil ~
t
hIr. Calvin K. Xa.tter, representjag 43diPa Baptist Church, requested permit to
construct new church at approximat-ely 53rd and France (lots 12, 13 and 14,
Elock 1, South kriet Park 2nd Addition). Nr. -Ratter-explained that
sufficient parking ssace would be provided for 80 cas. Preside'nt Cooper
asked that Mr. Katter secure a petitfon from the neigbboring property
ovners to effect that they will not object to thts building, Clerk'
Bawthorne reminded the Council that there are no zoning restriction's
against chiirches. Notion seconded by
lfil-lson ad carried.
Palen moved thnt permit be granted.
Nr. Xa'c'ter agreed to circulate the requested petition.
. A representztive from I?a,tional Cash Register Company contacted clouncil con-
ceraing purchase of- a cash register. for liquor storb,
Clerk bo directed to advertise for bids for cash register, with specifications
to be dram by Vif3.age Manzger, bids to be taken April 26. Motion seconded by
Hawthorne and cakried.
Street Lighting Specifications for V. side of Prance Avenue between W. 49th
and TJ. SLst Streets 2nd for &kk2 W; 50th Street befween France and Halifax
Avenues vere reviewed by Council , Hmthorne moved that gpecifications and
proposed form of contract for Ornamental Street Lighting System be acce9ted;
Notion seconded by Child &d carried.
Resignation of John A. Sias as assistant engineer, effective Apil l.5, 1948,
tras read,
seconded by Pden and carried.
Hr. Lewis Jones advocated terminating Fire Service contracts vith Minneayolia
and Hopkins. znd suggested that the- ViLlage ComciL- spend the :money ordinwily
pz-id to these two departments ,for additidnal Edina Pire Bquipment. council
inforned Wr. Jones. that, since the-purchase'of thehsecond 3dina lire Truck,
it vrould probably be possible to =rage reciprocal agreements with the two
departments without cost to Edina.
Palen moved that-
-
T'1illson moved that Council sccept resigmation with regret. Notion
Attorney Irindhorst reported Mr. Ben Parks* offer to se2X the south twenty-five
feet of Lots 8 and 9, Block 3, Golf Terrace Heights First Addition to the Village
for road puqoses for $k,OQO.
condemnation proceedings for the above named property and for the North thirty-
five feet of the School*s 12.84 acres, in order to'mnlre a full 60-foot right of
vmy dong Southviev Lane from Normandale to Concord.
Tpillson moved that bhe Village Clerk be directed to advertise for bids for
garbage collection'service between July 1, 1948 and January I, 1949, with bids
to be taken N'lzy 10. - Motion seconded By Child znd carried. Nr. Cooper stated
that present garbage collector is now making three to five daily trips to the
new dump.
represents an average of 50 miles per day at 106 per mile, on a 20 vork-d.ay
month, whereas Nr, Petersen works six days a week, thus making up any difference
in the number of hauls per day. Mr, Cooper stated that in his study' of proposed
municipal garbage collection service he had found that the Village probably
could do the vork no cheaper; but that he still believes better service can be
given under this system.
Attorney Bindhorst was instructed to initiate
Engineer Smith reviewed $lOO-per-month Bauling charge, stating it
.e's motion Sor adjournment was seconded bv ~9ip.n sn3 r-r-in~