HomeMy WebLinkAbout19741216_regularMJCNUTES OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL ON
MONDAY, DECEMBER 16, 1974
Answering rollcall were members Courtney, Schmidt
MINUTES of November 18 and December 2, 1974, were approved as submitted by
motion of Councilwoman Schmidt, seconded by Councilman Courtney and carried.
Shaw and Mayor Van Valkenburg .
to 0 00 -m
HOUSING AND REDEVELOPMENT PROJECT FOR 5OTH AND FRANCE APPROVED.
of Publication.in the Edina Sun on December 5, 1974, was presented by the Clerk,
Affidavit.
approved as to form and ordered placed on file.
redevelopment plan for an urban renewal project for the 50th and France area
of Edina entitled "50th & France Commercial Area Plan", dated December, 1974,
which was, developed by the Housing and Redevelopment Authority of Edina after
consideration of the input from the Citizens' Advisory Commission, the Wood-
dale Neighborhood Council, the Business Men's Steering Committee, the 50th
and France Business Men's Association, the Planning Commission and the City
.Council. Mr. Peter Jarvis of Bather, Ringrose, Wolsfeld, Inc., consultant for
the Housing and Redevelopment Authority, said that there is a strong unanimous
concensus of the Steering Committee and that they are behind the plan 100%.
He said that the plan stands by itself in terms of a significant benefit to
Edina.
made by the plan and the goals.
overall urban design scheme for the 50th and France area which included lack
of parking facilities, traffic cireulation, environmental problems, lack of
adequate retail and office space and lack of eating establishments. He also
mentioned the laclof response from absentee landlords as lending to difficulties
in the area.
implemented in a time frame of two years and which will least inconvenience
existing business, residents and customers: 1) Creation of a separation
between the business district and the residential district while establishing
both physical and psychological barriers. to guture conrmercial encroachment
into residential neighborhoods; 2) Provide an attractive physical.and
economic environment within the neighborhood center concept, thereby attempt-
ing to increase viability of the goods and services offered; Improve
the human aspects of the commercial district: such as pedestrian traffic flow,
walkways, safety, and elimination of improper signage and overhead utilities
and other forms of blight, and landscaping; 4)
to the utility and roadway system which will reduce congestion and improve
circulation in the business district. 5) Implement a plaii that has negligible
tax impact on property outside the district and one which can pay for itself by
direct assessments which would be levied and a tax increment generated by the
increased development. Mr. Jarvis said that the plan calls for the narrowing
of 50th Street between France and Halifax Avenues to two lanes in conjunction
with the elimination of all on-street parking on France Avenue, W. 49% Street
and W. 50th Street and to construct additional traffic signals.
said that it is proposed to complete the existing ramp by adding two additional
full levels and the construction of a two level ramp on the North side of 50th
Street between the Northeast corner of Lunds' and Peterson's Appliance Stare.
It is proposed to remove the Union Station to provide for additional off-street
parking facilities. Mr. Janris said that the plan calls for 40,000 to 50,000
square feet of additional retail floor space and an additional 30,000 square
feet of office space in one and two story buildings and spoke of proposed
enclosed pedestrian walkways which would connect the parking reservoir to the
North side of 50th Street to the stores along both sides of 50th Street. The
plan also calls for the construction of 14 to 16 apartment units to be
constructed on the three residential lots on the West side of Halifax Ave. just
South of the Edina Shell Station. Mr. Jarvis said that participation of
Minneapolis is expected to consist only of an urban design landscape treatment
on France Avenue and for one block East of France Avenue on 50th Street'similar
to that proposed in Edina, financial participation in respect to the traffic
signal system, traffic operation controls and the prohibition of all on-street
parking along France Ave. between W. 49th and W. 50th Streets. Mr. Luce
explained that increment financing generally is the ability of payment of bonds
by the increased taxes being generated from the improved district,
that the addition of new buildings and improvement of the general environment
would cause taxes to increase in the area. Mr. Luce clarified that ehe dif-
ference in taxes being paid today and in future years would be captured and
used to pay off bonds sold for this redevelopment project until the bonds are
paid off in approximately 14% years. Mr. Luce added that the School District
has reacted favorably to tke proposal. Mr. Hyman Edelman, representing Union
Oil Company, objected that improper notice had been given and said that Messrs.
Frank Coe and Lemy Balfanz, operatore' of Edina Union 76 Station, had heard of
Mr. Luce introduced the
Mr. Jarvis made a presentation which summarized the problem assessment
He mentioned problems caused by the lack of an
Mr. Jarvis listed the following goals of the project which can be
3)
Provide a general improvement
Mr. Janris
He said
121 16/7 4
the proposal only a few days ago.
ered lack of adequate notice a basis for not taking action at this meeting and
requested that the matter be continued for thirty days so that Edina Union 76
could have an opportunity to be more fully responsive to the proposal in which
they will be put out of business.
where tax increment financing is beneficial and others in which it is not.
He contended that this area is not blighted and objected that, since the project
would be financed thru General Obligation Bonds, approximately $200,000 of City
funds would not be available for fire and police protection and other neces-' .
sities of the City during the time it takes to pay off the bonds. Pir. Coe said
that his company had not joined any of the associations on the corner and that
business men in the area have not mentioned the proposal to him. Mr. Erickson
pointed out that the City had complied with the Btatutory requirement of ten to
thirty day published notice and referred to ihmmerable meetings with business
men in the conuuunity.
tonight's meeting.
ject to modification and that if there are any modifications which change
boundaries or substantially alter or affect land uses within it, those modifi-
cations must go.thru the same hearing process and come back before the Council.
Mr. George Adamovicb, Chairman of the Wooddale Neighborhood Council, expressed
his" appreciation to the H.R.A. for the sensitive manner in which they dealt with
. the comnity representatives and their viewpoints.
variance of understanding about the project" but said that the major issues have
been dealt with in a reasonable manner. Mr. Adamovich said that on December 12,
1974, the Wooddale Neighborhood Council had adopted a resolution which stated
that the 50th and France "concept as recommended by the H.R.A. Commissioners
and approve$ by the Planning Commission on December 11, 1974, should be approved
by the City Council with the specific suggestion to the H.R.A. that the acquisi-
tion of the Edina Union 76 Station and the individual homeowner properties be
deferred until public hearings on such acquisition can be appropriately held by
the H.R.A.'t. A representative of the Lanterns Condominiurnwas assured by Mr.
Jamis that the present plans .do not call for closing Halifax Avenue. Council-
woman Schmidt recalled that the H.R.A. Minutes of November 5, 1974, stated that
the 'Committee agreed that they would prefer not to demolish any buildings un-
less they are highly selected and the owners do not object." It was emphasized
by Councilmen Courtney and Shaw that the proposal is only in the planning
stage and may be modified and returned to Council for approval. They also
emphasized that every effort be made to furnish information to all interested
parties. Councilman Courtney .thereupon offered the following finding, deter-
minations and resolutions and moved their adoption:
He asked that the record show that he consid-
He said that there are some situations
He recalled that he had personally advised Mr. Coe of
Mr. Erickson explained that, once approved, the plan is sub-
He referred to a "wide
I
FINDINGS AND DETERMINATIONS BY, AM) RESOLUTIONS OF,
THE CITY COUNCIL OF THE CITY OF EDINA, ?9lNIBSOTA,
REUTLW TO AND APPROVING A REDEVELOPMENT PLAN FOR
IN EDINA, MINNESOTA, ENTITLED "50TH & FRANCE
AN URBAN RENEb?AL PROJECT FOR THE 50TH AND FRANCE AREA
COMllERc& AREA PLAN:" DATED DECEBBER 3, 1974
VHEREAS, it has.been the intent and desire of the City of Edina for many-years
to improve conditions in the section of the City of Edina referred to as the
50th and France aommerEidI'area'J and
WYEREAS, the Housing and Redevelopment Authority of Edina, Minnesota (the
"Authority"), has now prepared a redevelopment plan for an urban renewal project
for the 50th and France area of Edina, Minnesota (the Project Area"), entitled
"50th & France Commercial Area Plan,"-'dated December 3, 1974 (the "Plantf); and
WHEREAS, the Plan has been prepared by the Authority with the cooperation
and assistance of the appropriate City departments; and
WHEW&, the Authority, by resolutions duly adopted at a meeting held on Dec-
ember 11, 1974, did approve the Plan and did authorize application to the City
Council for approval of the Plan, and submission to the City Council of the Plan,
including a statement of the method propssed for financing the project proposed
by the Plan, and the written opinion of the Planning Commissi6n ofthe City of
Edina, dated December 11, 1974; and
W€EREAS, application for approval of the Plan has now been made to the City
Council, and the Plan, a statement of the method proposed for financing the pro-
ject propose-d by the Plan, and ,the written opinion of .the Planning Commission
have now been duly submitted to the City Council, and the City Council on
December 16, 1974, duly held a public hearing on the Plan pursuant to published
notice, all as required by Minnesota Statutes 4.62.521; and
WHEREAS, the Authority may not pT0cee.d with the Plan unless the City Council,
by resolution, makes certain findings with respect to the Project Area and Plan,
and approves the Plan; and
ITHEREAS, the Authority has studied the.location and the physical condition of
structures, land use, environmental influences and social, cultural, and econ-
omic conditions of the Pmoject Area, and the Planning Commission of the City of
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DRAFT NO. 2
0
PROPOSED LIQUOR ORDINANCE AUTHORIZING ISSUANCE OF
"ON-SALE" LICENSES ,
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(Subject to revision. Double-spaced for convenience.
For review and discussion only.)
f
OR3INANCE NO..902
AN ORDINANCE ESTABLISHING A MUNICIPAL LIQUOR DISPENSARY AND
REGULATING THE OPERATION THEREOF, LICENSING AND
REGULATING THE SALE OF INTOXICATING LIQUOR AND NONINTOXICATING
MALT LIQUOR, PRESCRIBING PENALTIES, AND REPEALING
. ORDINANCE NO, 901,
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Deffnitions. As used in t'his ordinance: '*
"Club" means any corporation duly organized under the laws of the
I State of Minnesota for civic, fraternal, social, or business purposes, or
. ..
for intellectual iinprovement, 0; for the promotion of sports, which shall
have more than fifty members, and which for more than one year shall have
owned, hired, or leased a building or space in a building of such -extent
and character as may be suitable and adequate for the reasonable and com-
fortable accommodation of its members, and ,whose
are conducted by a board of directors, executive
lar body chosen by the members at a meeting held
whose'members, officers, agents, or employees is
affairs and managemenr
committee, or other simi-
for the purpose, none of
paid , directly or indirectly,
any compensation by way of profit from the distribution or sale of beverages
to the members of the club or to its
able salary or wages as may be fixed
other governing body.
"Club Sunday sale liceuse"
toxicating liquor issued by the City
Minnesota 'Laws 1973, Ch. 441.
guests, beyond the amount of such reason-
and voted each year by the directors or
means a license for the on-sale of in-
of Edina pursuant to this ordinance and
"Food establishment license" means a license granted by the City
under the provisions of the ordinance of the City providing for the licensing
Ordinance No. 902
Page 2
of food establishments.
"Food establishment" means any premises which has been granted a '
food establishment license,
"Hotel" means any establishment having a resident proprietor or
manager, where, in consideration of payment therefor, food and lodging are
regularly furnished to transients, which maintains for the use of its guests
' not less than 200 guest rooms with bedding and other usual, suitable, and
necessary furnishings in each room, which is provided at the main entrance
with a suitable lobby, desk, and office for the registration of its guests
on the ground floor, which employs an adequate staff to provide suitable and
usual service, and which maintains under the same management and control as
the rest of the establishment and has, as an integral. part thereof, a dining
room with appropriate facilities for seating not less than 175 guests at one
e
.
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time, where the general public is, on consideration of payment therefor,
served with meals at tables.
It Interest" means any pecuniary interest in the ownership, opera-
tion, management, or profits of any premises licensed under this ordinance,
or of any license issued under this ordinance, but does not include: bona
fide loans; bona fide fixed sum rental agreements; bona fide open accounts
or other obligations, held with or without security, arising out of the ordi-
nary and regular course of business of selling or leasing merchandise, fix-
tures, or supplies to such establishment.
time to time directly or indirectly from a licensee, in the absence of a bona
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A person who receives moneys from
fide consideration therefor and excluding bona fide gifts or donations, shall
..
Ordinance No. 902
Page 3
be deemed to have an interest in the license of such licensee and in the
premises so licensed.
the goods or things received as consideration for any payment by the licensee
and all other facts reasonably tending to prove or disprove the existence of
any purposeful scheme or arrangement to evade the prohibitions of this ordi-
nance shall be considered.
In determining "bona fide," the reasonable value of
.
"Intoxicating liquor" or ltliquor" means ethyl alcohol and distilled ,
0
fermented, spiritous, vinous', and malt beverages containing in excess of 3.2
percent of alcohol by weight.
I1 Minor" means any person under 18 years of age.
"Nonintoxicating malt liquor" or "malt liquor" means any potable
beverage with an alcoholic content of' more than, one-half of one percent by
volume and not more than 3.2 percent by weight;'
"Off-sale" means retail sale in the original package for consump-
tion away from the premises only.
"On-sale" means sale by the glass or by the drink for consumption
on the premises only. ..
"On-sale license" means a license for the on-sale of intoxicating
liquor issued by the City of Edina pursuant to this ordinance.
"Original package" means any container or receptacle holding liquor
'in which the liquor is corked or sealed at the place of manufacture.
.a ''Person" includes any individual, partnership, association, trust,
institution, corporation, or municipality, and includes also the municipal
liquor store.
c
8.
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1
Ordinance No. 902
Page 4
"Restaurant" means any establishment, other than a hotel, under the
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control of a single proprietor or manager, having appropriate facilities for
the servirig of meals at tables.to not less than 200 guests at one time, and
where, in consideration of payment therefor, meals are regularly served at
tables to the general public, and which employs an adequate staff to provide
the usual and suitable service to its guests.
"Sale" and "purchase" include all barters, gifts, sales, and other
means'used to obtain or furnish liquor as above described, or any other bev-
.'
erage, in violation or evasion of this ordinance.
PART A.
THE MUNICIPAL LIQUOR DISPENSARY
...
Sec. 2. Dispensary Established. There.is hereby established a
municipal liquor dispensary for the off-sale of intoxicating liquor and for
the sale of such other items as are set out in (a) of Sec. 6 of this ordinance.
Sec. 3. Location and Operation.
(a) The dispensary shall be located at such suitable places in the .-
City as the Council determines by motion without limitations by the provisions
of this ordinance relating to premises eligible for licenses.
premises upon which taxes or other' .public levies are delinquent shall be
leased for dispensary purposes.
However, no
(b) The general management of the dispensary shall be under the
.D . control of the City Manager, but the dispensary shall be in the immediate
charge of a liquor store manager selected by the City Manager. The liquor
store manager shall perform such duties in the operation of the dispensary
Ordinance No. 902
Page 5
as may be prescribed
by the Council. The
of the dispensary in
relating to the sale
by the City Manager, but his compensation shall be fixed
liquor store manager shall be responsible for the conduct
full compliance.with this ordinance and with the laws
of liquor and malt liquor.
(c) The City Manager shall also appoint such additional employees
as may be required for the dispensary and shall fix their compensation in
accordance with Council-approved schedules. All persons employed in the. dis-
pensary,
the City
manager,
including the manager, shall hold their positions at the pleasure.of
Man5ger.' No minor shall be employed in the dispensary.
(d) Every employee required for the dispensary, including the
shall furnish a surety bond to the City, conditianed upon the faith-
.. ..
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ful discharge of his duties, in such sum as the Council specifies. The bond
premium may be paid by the City or by the emplbyee, in the discretion of the ._
Council.
Sec. 4. Dispensary Fund Created.
(a) A municipal' liquor dispensary fund is,,hereby created, in which
all revenues received from the operation of the dispensary shall be deposited
and from which all ordinary operating expenses shall be paid.
,
(b) The handling of municipal dispensary receipts and disburse-
ments shall comply with the procedure prescribed by law for the receipt and
disbursement of City funds generally.
I.
(c) The accounting procedures of the dispensary shall be estab-
lished by the City Manager.
Ordinance No. 902
Page 6
Sec. 5. Hours of Operation. The dispensary shall not be open.for
business of any kind during th’e hours when sales, of intoxicating liquor are
prohibited.
.-
. Sec. 6. Conditions of Operation and Restrictions on Consumption. .
(a) No business other than the off-sale of intoxicating liquor.
and the retail off-sale of nonintoxicating malt liquor, soft drinks, - cigars,
cigarettes, all forms of tobaccu, and ice, shall be carried on. in the dispensary.
(b) No intoxicating liquor or nonintoxicating malt liquor shall be
sold on credit. ..
(c) No person shall be permitted to loiter about the dispensary
habitually. --
(d) No minor shall be permitted to’remain on the dispensary prep
ises.
(e) All restrictions set forth in Section 15 of this ordinance
relating to the manner of conducting sales also shall apply to the municipal
liquor dispensary, insofar as they can be made applicable.
by such restrictions on the licensee shall be imposed on the dispensary manager,.
with regard to the manner of conducting the business of the liquor dispensary.
All duties imposed
Sec. 7. Violation by Employees. Any employee of the dispensary
willfully violating any provision of this ordinance, or any provision of the
laws of Fhe’State of Minnesota relating to.ga&ling or the sale of intoxicat-
ing liquor or nonintoxicating malt liquor, shall be discharged.
Ordinance No. 902
Page 7
PART Be
ON-SALE OF INTOXICATING LIQUOR
Sec. 8. License Requqeed; Classes of License; Persons to Whom
Issued. No person shall, directly or indirectly, upon any pretense or by
any device, manufacture, import, sell, exchange, barter, dispose of, or keep
for sale any intoxicating liquor on Sunday without first having obtained a
Sunday without
sale license.
only.
(a>
(b)
a club license
,
Sunday sale license or a Club Sunday sale license, or on any day other than
first having obtained either an on-sale license or a Club on-
Such licenses shall permit the on.-sale of intoxicating liquor
On-sale licenses shall be issued only to hotels and restaurants.
Club on-sale 1icens.es shall-be issued only to clubs that held
prior to 'January 1, 1940, for the sale of intoxicating liquor.
..
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No license shall be issued to any club that after January 29, 1934, has been
convicted of any willful violation of any law of the United States, of the
State of Minnesota, or of any local ordinance, with regard to the manufacture,
..
sale, or distribution of.intoxicating liquor, nor to any club that has had
any license revoked for any willful violation of such laws or ordinances.
.._.
(c) Sunday sale licenses shall be issued only to hotels and
restaurants then holding a valid on-sale license.
(d) Club Sunday sale licenses shall be issued only to clubs then
s.
* holding a valid Club on-sale license, and shall be issued only pursuant to
Minnesota Laws 1973, Ch. 441.
Ordinance No. 902
Page 8
Sec. 9. License Application, Procedure and Control; Penalties.
The provisions of Ordinance No. 141 of the City, including the application
procedures and penalty provisions thereof, shall apply to all licenses re-
quired by this ordinance for the sale of intoxicating liquor, and to the
holders of such licenses, except' as otherwise provided herein and except,
specifically, as follows:
:.
(a) Licenses shall be granted or denied'by the Council by the
V
favorable vote of at least three Council members;
(b) In. addition to the information required by Ordinance No. 141
to be contained in the application, every application shall contain the fol-
lowing information:
(1) If the application is for an'on-sale license and the
applicant is'a natural person:
(A) True name, including maiden name, if applicable,
.. ._
place' and date of birth, and street resident address-of' applicant.
. ..
(B) Whether applicant has ever used or been known by a
name other than his true name, and, if so, what was such name, or names, and .
information concerning dates .and places where used, and the reasons for using
a
alternate identification.
(C) The name of the business if it is to be conducted
under a designation, name, or style other than the full individual name of
. the applicint; in such case, a copy of the certificate as required by Minne-
sota Statutes, Ch. 333, certified by the Clerk of the District Court, shall be
attached to the application.
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Ordinance No. 902
Page 9
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Whether applicant is married or single. If married,
name, including maiden name, plac@ of birth, and street resident address of
applicant ' s present spouse. If divorced, the name. of applicant * s former
.spouse or spouses and his or her (their) present resident address(es), if.
known. ..
(E) Mhether applicant and present sp0us.e are registered
voters, and if so, where. 0 1
(F) Street addresses at which applicant and present ,
spouse have lived. during the preceding ten years.
(G) Kind, name, and location of every business or occu-
pation applicant and present spouse have been engaged in during the preced-
ing ten years. ...
(H) Names and addresses of applicant's and spouse's
employers and partners, if any, for the preceding ten years.
(I) Whether applicant or applicant's spouse, or a parent,
brother, sister, or child of either of them, has ever been,arrested or con-
victed of any crime other than minor traffic offenses.
shall furnish information as to the time, place, and offense for which arrests
or convictions occurred, and the final disposition of the same by the Court
having jurisdiction.
If so, the applicant
(J) Whether applicant or his spouse, or a parent, brother,
. sister,'os child of either of them, has ever been engaged as an employee in
or in the operation of a saloon, hotel, restaurant, cafe, tavern, or other
.. .
Ordinance No. 902
Page 10 8
business of a similar nature, and if so, the place and length of time by
dates.
(K) Whether'appiicant has ever been in the military .
service.
tion, upon request.
If so, a copy of each discharge shall be:attached to the applica-
(L) The name, address, and business address of each
person engaged in Minnesota or el'sewhere in the business of selling, manu-
facturing, or distributing intoxicating liquor, who is nearer of kin to
the applicant.or his spouse than second cousin, whether of the whole-or
half blood, computed by
law or sister-in-law of
(MI
for or been adjudicated
(N)
the rules of civil law, or who is a brother-in-
the applicant or his spouse.
. _-
Whether or not the applicant has ever petitioned
a bankrupt e
The name of each banking institution in which the
applicant has maintained a checking account within the five year period pre-
ceding the date of the application.
(0) The name of the manager or person in charge of. the
premises to be licensed and, if other than the applicant, all information
concerning such manager or person as is required of a single applicant in
.. (b)(l) of this Sec. 9 also shall be given.
(2) If the application is for an on-sale license and the
applicant is a partnership, the names and addresses of all partners, general
or limited, and all information concerning each partner as is required
" \
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Ordinance No. 902
Page 11 8
of a single applicant in (b)(l) of this Sec. 9. A managing partner, or
partners, shall be designated.
of the premises to be licensed shall be stated, and if other than one of
the partners, ali information concerning such manager or person as is re-
quired of a single applicant in (b)(l) of this Sed. 9 also shall be given.
The interest of each partner in the business shall be stated.
of the partnership agreement shall be submitted with the application, and
if the-partnership is required to file a certificate as to a trade name
The name of the manager or person in charge
*.
.- A true copy .
0 ,-
under the provisions of Minnesota Statutes, Ch. 333, a copy of such certificate
certified by the Clerk of District Court shall be attached to the application.
(3) If the application is for an on-sale license and the
applicant is a corporation : -. 8 ..
(A)
(E)
Name, and the state of incorporation.
A then current Certificate of Incorporation from the
..
Minnesota Secretary of State, a currently certified copy of the Articles of
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Incorporation and Bylaws, and if a foreign corporation, a then current
Certificate of Authority as required by Minnesota Statutes, Ch. 303.
(C) The name of the manager or proprietor or other
agent in charge of the premises to be licensed, giving all the information
about said person as is required of a single applicant in (b)(1) of this Sec. 9.
..
(D) A list of all persons who, singly or together
with their ipouse or a parent, brother, sister, child, or other relative,
own or control 5% or more of, or who are officers of, the applicant, together
Ordinance No. 902
Page 12
with their addresses and all informatfon as is required of a single applicant
in (b)(l) of this Sec. 9.
(4) If the application is for a Club on-sale license:
(A)
(B)
The name of the club.
A statement that the club meets the requirements
for a Club on-sale license set out in (b) of Sec. 8 of this ordinance.
. (C) The nafle of the manager, proprietor, or other,
person who shall be in charge of the licensed premises, together with the
same information concerning such person as is required of a single applicant
for an on-sale license as is set forth in (b)(l) of this Sec. 9. .
(5) The exact legal description of the premises to be licensed,
I.
together with a plot plan of the area showing dimensions, location. of bui'ld- 8
ings, street access, parking facilities, and the locations and distances to
the nearest church and school grounds measured as required by (b) of Sec. 14
of this ordinance.
(6) The floor number and street number where the sale of intoxi-
.. . cating liquors is to be conducted and the rooms where liquor is to be
sold or consumed, and a floor plan showing locations and dimensions for all
such rooms. If any such room be a dining room or restaurant, the floor plan
.. shall also indicate the number of persons able to be served with meals at tables
in each of such dining rooms.
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(7) ,If a pemt from the federal government is required
by the laws of the United States, whether or not such permit has been
issued, and if so required, in what name issued and the nature of the-permit.
Ordinance No. 902
Page 13
(8) The dollar amount of the investment that the applicant
has in the premises to be licensed, including, but not limited to, the.
building, fixtures, furniture, and stock in trade, and evidence of the source
q of the funds for such investment.
(9) The names and addresses of all persons to whom applicant
(including all persons of whom information is required pursuant to (b)(l)
of this Sec. 9) is monetarily indebted, the nature of such indebtedness,
the amount thereof, and terms of payment.'
be limited to, lessors, mortgagees, lendors, lien holders, trustees, and,
persons who have cosigned notes or pledged security for any monetary indebted-
* I
This shall include, but not
ness of the applicant (including all persons of whom information is required
pursuant to (b)(l) of this Sec. 9). 8 -
(10) The dollar amount (whether cash or ghods or services) and .
the recipient of all contributions made to campaigns of persons seeking
election to the Edina City Council during the previous three City elections.
(11) The names, residences, and business addresses of three
persons, residents of Hennepin County, of good moral character, not related
to any person of whom information is required pursuant to (b)(l) of this
Sec. 9, or financially interested in the premises or business to be licensed,
who may be referred to as to the character of the persons of whom information
I
is required pursuant to (b)(l) of this Sec. 9. i
(12) A statement that all real estate and personal property
taxes that are then payable for the premises to be licensed have been paid,
and if not paid, the years and amounts that are unpaid.
Ordinance No. 902
Page 14
(13) If the application for ah on-sale license is for premises .
that are planned, under construction, or undergoing substantial alteration,
the application shall be accompanied by a set of preliminary plans showing
the proposed design of the premises to be licensed, if such plans are not then
on file with the Building Official.
(14) * A duly executed financial statement, in form and sub-
stance acceptable to the City Manager, from each individual applicant, from
each partner, both general and limited, of a partnership applicant, and from
each corporate applicant, certified by the individual applicant, by the gen-
eral or managing partner of a partnership applicant, and by the president of
a corporate applicant, as being true, correct and complete.
.. (15) Such other information as the City Council, City Manager,
'
-
or State Liquor Control Commissioner shall require to co2plement or supple-
ment any information reqkred by this ordinance or said Ordinance No. 141.
(c) An application for a Sunday sale license or a Club Sunday
..
sale license may refer to, and incorporate therein by reference, the information
set forth in .. the licensee's application for an on-sale license or a Club
..
on-sale license, as the case may be, to the extent that such-information
is then correct, current, and applicable.
(d) Transfer of License.
(1) No license shall be transferred to a<y person or premises
other than the person or premises to whom and for which the license was
granted, without the person and premises to whom and to which the license
c.
E
Ordinance No. 902
Page 15
.,
is to be transferred having first submitted an application containing all
of the information required in an original application, and complying with
all requirements for an original license, and receivipg the approval of
the Council; provided that an application for transfer may refer to, and
.
'. .
incorporate therein by reference, the information set forth in the original
application for the license to be transferred, to the extent such information
'
is then true, current and applicable.
?
(2) Any change in the persons named as partners as required
by (b) (2) of. this. Sec. 9, and any change in the'persons who are named in
the original application as required by (b)(3) of this Sec. 9, including ..
managers or persons in charge of the premises to be licensed, shall be
-. ._
deemed a transfer for purposes of this ordinance; provided, however, if the
licensee is a limited partnership, a change in'the limited partners of less
than 25%, cumulatively over the then license period, shall not be deemed a
.- ..
transfer; and provided further, however, that the change in or addition of a .. .
vice-president, secretary, or treasurer of a corporate .._ licensee shall not be
deemed a transfer.
(e) Enlargement, Alteration, or Extension of Licensed Premises.
No area or premises licensed under this Part B, as shown on the original
application, shall be enlarged, expanded, altered, or extended for the purpose
of increasing the area or premises on which or within which liquor is to be
. sold or consumed without the licensee first having submitted an application
containing all. of the information required in an original application, and
..
C.
I'
Ordinance No. 902
Page 16
complying with all requirements for an original license, and receiving the
approval of the Council; provided that such an application may refer to, and
incorporate therein by referenceg the information set forth in the original
application for such licensed premises, to the extent such information is
then true, current, and .applicable.
(f) Renewal Applications
(1). Applications for the renewal of an existing license shall
be made at least 60 days prior to and not earlier than 150 days prior to the
date of expiration of the license. . The renewal application may incorporate
by reference all information contained in the original application, to
the extent such-information is then true, current, and applicable. If,
in the judgment of the City Council, good and sufficient - cause for .. the
applicant's failure to apply for a renewal within the &me provided is shown,
the City Council may, if the other provisiom of this ordinance are complied
with, grant the application notwithstanding such failure to timely apply.
(2) At the earliest practicable time after application is made
for renewal of an on-sale license, and in any event prior to approval thereof
by the Council, the applicant shall file with the City Clerk a statement
prepared by a certified public accountant and certified as true, correct, and
complete by the individual applicant, or by the general or managing partner of
a partnership applicant, or by the president of a corpqrate applicant, showing
total gross sales, total food sales, and total liquor and malt liquor sales
of the licensee for the 12-month period immediately preceding the date
t
for filing renewal applications.
Ordinance No. 902
Page 17
(g) Verification
Each application shall be signed as required by Ordinance No. 141, .
and shall also be verified by the signer,
Sec. 10. License Fee.
(a) The fee for an on-sale license shall be $10,000 per annum.
(b)
(c)
shall be $200 per annum.
(d)
The fee for a Club on-sale license shall be $500 per annum.
The fee for a Sunday sale license or a Club Sunday sale license
*
The, fee for any license applied for more than 30 days after
commencement of the license year shall be prorated and paid only for the
term of the then license period remaining as of the date of application.
No part of the fee paid for any license shall be refunded (e)
unless the application is withdrawn or denied for reasons other than a
willful misstatement in the application, or unless the grant of a license is
rescinded pursuant to (e) of Sec. 12 of this ordinance.
(f) No additional license fee will be required in connection with
applications filed under (d) or (e) of Sec. 9.
Sec. 11. Investigation Fee.
(a>
sale license,
investigation
. I.
With each application for an on-sale license or a Club on-
including renewals, the applicant shall pay in full a nonrefundable
fee of $1,500. No investigation fee shall be required in
connection Gith an application for a Sunday sale license or a Club Sunday
..
sale license. b
8 Ordinance No. 902
Page 18
(b) At any time that an application is filed under (d) or (e)
.I
of Sec. 9, the licensee shall pay in full an additional nonrefundable investi-
gation fee in the amount of $1,000. . .
Sec. 12, Granting or Denial of Licenses.
(a) All applications for a license shall be referred to the City
Manager. The City Manager may request all City staff members.he believes
appropriate to verify, investigate, and make reports and recommendations
on the application.
be returned to the applicant for completion.
If the application is incomplete in any way, it shall . ., %
(b) Upon receiving the reports and recommendations of all
persons of whom a request was made by the City Manager, and in any event
within 60 days after submission of a complete application, the City Manager
shall submit his report and recommendations to the City Council.
-.
(c) At the Council meeting at which the City Manager submits
his report and recommendations, the Council shall set a date for a public
hearing on the application,, which shall be within 60 days after such Council
meeting. Notice of the time and place of the hearing shall be published
in the official City newspaper at least 10-days prior to the hearing. The
published notice shall set forth the day, time, and place of the hearing,
the applicant's name, and such other information as the Council nay direct.
Opportuaity shall be given at the hearing to any person to speak for or
against the granting of the'license.
Ordinance No. 902
Page 19
(d) After the hearing, the Council shall makes its decision to
grant or deny the license, which decision may be made at the same meeting
or at any specified future meeting of the Council.
for any of the reasons set out in Sec. 4 of Ordinance No. 141, or for failure
to comply with any of the conditions or requirements of this ordinance.
'
Applications may be denied
(e) If the premises to be licensed have not received a complete
and final Certificate of Occupancy from the Building Official, and been
compieted in conformance with the representations made in the application,
at the time .the License is to be granted, the Council may grant the license, .
0
but issuance thereof shall be withheld until such Certificate of Occupancy
has been issued and the premises have been so completed, and if such Certi-
ficate of Occupancy is not so issued and the premises so completed within
120 days after the date the license is granted, the Council may rescind
its action granting the license or may extend the time within which to obtain
such certificate and complete the premises.
8
Such rescission action shall
..
be taken only pursuant to a hearing before the Council, notice of which
shall be given to the applicant at least 10 days in advance of the hearing
by mailed notice to the address of applicant set out in the application.
Such extension action shall be taken by the Council upon written request of the
applicant deliverad to the City Clerk at least 20 days prior to the end of said
120-day period and after a public hearing preceded by notice published not less
than l0'diys nor more than 30 days prior to the hearing. The Council may grant
such extensions for such periods, and as many times, as it deems desirable.
.
.
4
Ordinance No. 902 \
Page 20 .
or possession for sale or distribution of ktoxicating liquor, or who has
had an intoxicating liquor license revoked for any willful violation of any
i
(f). Each license shall be issued to the applicant only, and only
for the premises described in the application.
(g) The Clerk, within 10 days ar'ter the issuance. of any license
under this Part B, shall submit to'the state liquor control commissioner
the full name and address of each person mted a license, the trade name,
the effective license date, and the date oZ expiration of the license. The
Clerk shall also submit to the state liqmr control commissioner any change
of address, transfer, cancellation, or revofation of any license by the
V
Council during the license period, and s& other information as sukh
commissioner shall require.
Sec. 33. Persons Ineligible for License. No license shall
be granted to or held by any person: - ..
(a) Who is ineligible under Mhassota Statutes, Ch. 340.
(b) Who is a minor.
(c) Who is not of good moral dharzcter and repute.
(d) .Who is not an individual or 2 partnership or a corporation.
(e) Who, if an individual, is rn alien.'
(f) Who, within five years prior to the application for such
license, has been convicted of any willful ?iiolation of any.law of the
United States, the State of Minnesota, or my other state or territory, or
of any local ordinance, with regard to the =nufacture; sale, distribution,
2
such laws or ordinances.
Ordinance No. 902
Page 21
..
(g)
(h)
Who is a manufacturer or wholesaler of intoxicating liquor.
Who has any interest, as defined in this ordinance, direct
or indirect, in any other license of the same class issued under this
Part B, or any other premises in the City for which a license of the same
class has been issued under this Part B.
..
or
to
as
(i) Who, if a paktnership or corporation, does not have a manager
person in charge of the liceosed premises who would be eligible pursuant
the provisions of this Part B for a license to be issued directly to him
an indivldual'licensee.
(j) Who is the spouse of a person ineligible for a likense under
paragraphs (e), (f), or (g) of this section, and who, in the judgment of the
City Council, is not the real party in interest or beneficial owner of the
business operated, or to be operated, under the license).
-
(k) Who, in the case of an individual, is not a resident of ..
the metropolitan area as defined by Wnnesota Statutes, See. 473.02, at the
time of issuance; or, in the case of a partnership or corporation, does
not have a manager dr person in charge of the premises to be licensed who
is a resident of such metropolitan area at the time of issuance. Any on-
sale license, once issued, shall be effective only as Long as the licensee,
or the manager or person in charge of the licensed premises, as the case
may be, remains a resident of such metropolitan area. I
f
(1) Who has applied for, or holds, a federal wholesale or.
retail liquor dealer's special tax stamp or a federal gambling stamp.
Ordinance No. 902
Page 22
Sec. 14. Places Ineligible for License. .-
(a) No license shall
on any premises on which taxes,
of the City or of the State are
be granted, or renewed, for operation
assessments, or other financial claims
delinquent or unpaid. In the event an
action has been commenced pursuant to the provisions of Minnesota Statutes,
Ch. 278, questioning the amount or validity of real estate taxes, and not
finally determined as of the date the license is to be issued, the Council
may, on application by the licensee, waive strict compliance with this
..
provision, but upon final determination of such action, the licensee shall
pay all such taxes, with interest and penalties, if any. ..
(b) No on-sale license shall be granted for premises located
within 1,000 feet of any public school or of any church, measured in a '
straight line from the parcel or lot upon which the business to be licensed
is located to the nearest point of the parcel or lot upon which the school.
or church is located. .The erection of a public school or church within '
the prohibited area after an original application has been granted shall
not, in and of itself, render such premises ineligible for renewal of the
license.
(c) No license shall be issued for the premises owned by a person
to whom a license may not be granted under this ordinance, except that a
license may be issued for premises owned by a minor or alien, or a person
.a . who has been convicted of a crime other than a violation of Minnesota Statutes,
Sec. 340.07 through 340.407, inclusive (being part of the "Intoxicating
Liquor Act").
Ordinance No. 902
Page 23
(d) No license shall be granted for any place that has a common
entrance or exit with a building or business wfrich is not owned or operated
by the licensee, except that a public concouzse or public lobby shall not
)be construed as a common entrance or exit.
(e) No license shall be issued to any place that is'ineligible
under Minnesota Statutes, Ch. 340.
Sec. 15. Conditions Governing Issuance; Manner of Conducting
t
Sales. '
(a) Every license shall be granted subject to the provisions of'
this ordinance, and of any other applicable ordinance of the City of Edina ,
and statute of the State of Minnesota. Every licensee shall at all times
operate the business licensed hereunder in full compliance with th,e require-
ments of this ordinance and of applicable statutes of the State of Minnesota,
b
including Minnesota Statutes, Ch. 340.
(b) The 1,icense shall be posted in a conspicuous place in the
licensed premises at all times.
.(c) Every licensee shall be responsible for the conduct of his
place of business and for the conditions of. sobriety and order in the
place of business and on the premises.
(d)
(e)
No "on-sale" licensee shall sell intoxicating liquor "off-sale."
No license shall be effective beyond the Looms where liquor is
I
to be sold or consumed as shown in the application for such license.
(f) No licensee or any of his employees shall keep, possess,
operate, or permit the keeping, possession, or operation of, any slot.machine,
Ordinance No. 902
Page 24
dice, or any gambling device or apparatus, on the licensed premises,' or
in any room or building adjoining the licensed premises and directly or
indirectly under the licensee's control, nor shall any such person conduct
or permit any gambling therein.
(g) No licensee'or any of his employees shall knowingly permit
the licensed premises, or any room therein, or in any adjoining building
directly or indirectly under his control, to be used as a resort for prostitutes,
and 110 person of known immoral character and no disorderly person shall
be permitted on the licensed premises.
(h) Any police officer , health officer, sanitarian, building
inspector, or any properly designated officer or employee of the City shall
have the unqualified right to enter, inspect, and search the premises of
the licensee during business hours without a warrant, for the purpose
-
b
of detecting violations of the provisions of this ordinance or of applica-
ble state law.
(i) . No establishment holding an on-sale' or Club on-sale license
shall display liquor to the public during hours when the sale of liquor
is prohibited by this ordinance.
(j) No intoxicating liquor shall be sold or furnished or
delivered to anyone who, by his physical appearance and mannerisms, appears
I
to be in a state of intoxication, to any habitual drunkard, to any person
- under 18 years of age, or to any person to whom sale is prohibited by
state law.
Ordinance No. 902
Page 25
..
(k) No person under 18 years of ege shall be employed in a room
where liquor is sold or consumed, unless zccmpanied by his parent or guardian,
or employed to perform duties of a busboy or dishwashing services or when
employed as a musician.
(1) No pool or billiard tables or bowling alley shall be kept
or used in any premises licensed for the on-sile of liquor. .
(m) No equipment or fixture in any licensed place shall be owned
in whole or in part by any manufacturer or Sstiller of intoxicating _liquor,
except such-as shall be expressly permitted by state law.
(n) No licensee shall sell, offer for sale, or keep for sale
intoxicating liquors in any original package that has been refilled or
partly refilled. No licensee shall directly or through any other-person
b
dilute, or in any manner tamper with, the corttents of any original package
so as to change its composition or alcoholic content while in the original
package.
liquor in the original package differing in composition, alcoholic content,
or type from the liquor received from the manufacturer or wholesaler from
whom it was purchas,ed, shall be prima facie.svidence that the contents
of the original package have been diluted, c'mged, or tampered with.
Possession on the premises by the Hcense= of any intoxicating
(0) No licensee shall keep ethyl zlcohol or neutral spirits
I
on any licensed premises, or permit their use on the premises as a beverage
- or mixed with a beverage.
(p) The business records of the lfcensee, including federal
and state tax returns, shall be available for inspection and copying by
Ordinance No. 902
Page 26
. ..
the City Manager, or other duly authorized representative of the City,
at all reasonable times and upon reasonable notice being given therefor.
(4) Changes in the.partnership agreement of Licensee, if a
partnership, and in the officers, articles of.incorporation, or bylaws
of any corporate licensee shall be submitted to the City Clerk within 20
days after such changes are made.
(r) The holder of a CJub on-sale license or of a Club Sunday
sale license shall sell liquor only to members of the licensee and
\ guests of such meinbers.
(s) The City Clerk shall be notified of any change in the manager
of or' other person in charge of the licensed premises, and there shall be
delivered with such notice with respect to-such new manager or person all
information required of a single applicant in' (b)(l) of Sec. .9 of this
ordinance.
20 days after the change occurs.
Such notice and information shall he given and delivered within
Sec. 16. Security Deposit. ,
(a) Security Required. At the time of filing an application
for an on-sale or a Club on-sale license, but not a Sunday sale license or
a.Club Sunday sale license, the applicant shall file and deposit with the
City Clerk cash, a letter of credit, or United States government bonds
in the amount of $5,000. The security deposit for an on-sale license or
I .a
* a Club on-sale license shall be sufficient security €or issuance of a.Sunday .
sale license or a Club Sunday sale license, provided the terms of such
'. Ordinance No. 902
Page 27
security are amended to include the periods during which such licensee
is allowed to operate under the Sunday sale license or Club Sunday sale
license.
(b) Approval. The security deposit shall be subject to the
approval of the Council.
(c) Terms of. Security Deposit.
(1) All such security deposits shall be conditioned as *
f OllOWS :
_- (A) That the licensee k%ll obey the laws relating to the
licensed business.
. (B) That the licensee %ill pay to the City and state, when
due, and before they become-delinquent, all taxes,-license fees, penalties, and
other charges to be paid by the licensee pursuant to any applicable ordinance
*
or statute.
(C) That in the event of violation of any law relating
to the sale of intoxicating liquor, or the breach of any conditions of the
security deposit, the security deposit shall be forfeited to the City.
(D) That the licensee .Hill pay any damages for death
or injury by, or resulting from, the violat5m of any law relating to the
business for which such license has been grated and for which the'licensee is
liable. :
(E) That no cancellatioa of any such deposit, or the rights
of the City thereunder, for any cause, can be made during the term of the de-
posit.
.-
Ordinance No. 902
Page 28
(2) That the term of the deposit shall be at least
equal to the period of the license for which the deposit. is given, and
as long thereafter as is necessary to insure compliance with all of the
terms and conditions of this ordinance.
(G) That the deposit. shall be held by the City with-
out obligation or liability to the licensee For interest on such deposit.
(d) Deposit of U.S. Bonds. If Eted States government bonds *
are deposited, such bonds shall mature hot later than two years from .the
date of the-application, shall be accompanied by a properly executed assignment,
-
in form and substance acceptable to the City kager, assigning such government
bonds to the City, to be held subject to the terms and conditions of this
ordinance, including those set out in (c)(l) of this Sec. 16, for the period
of the license for which the deposit is made, +d as long thereafter as
-
b
is necessary to insure compliance with such terms and conditions, and shall
contain provisions whereby funds will be paid to the City upon written
demand from time to time made by the City. The licensee shall be entitled
to receive all interest when and as it becoss due on such bonds prior to
forfeiture and payment of the bonds to the City. Proceeds from bonds that
mature while held by the City shall be held by the City without liability
or obligation to the licensee for interest m such proceeds.
(e) Deposit of Cash. If the applicant deposits cash, the deposit
, shall be accompanied by a written agreement and assignment upon the part
of the licensee, in form and substance acceptable to the City Manager, wherein
the licensee assigns such cash to the City, to be held subject to the -8
Ordinance NO. 902
Page 29
I
terms and conditions of this ordinance, hcluding those set out in (c)(l) of
this Sec. 16, for the period of the license for which the deposit is made,
and as long thereafter as is necessary to insure compliance with such
terms and conditions, and shall contain provisions whereby funds will
be paid to the City upon written demand fron time to time made.by the
City.
(f) Deposit of Letter of Credit. If the applicant deposits
t
a letter of credit, it shall be held subject to the terms and conditions
of this ordinance, including.those set out in (c)(l) of this Sec. 16, and
shall be from a national or state bank approved by the Council, be kcon-
ditional and irrevocable, be for the period or' the license for which the deposit
is made, and as long thereafter as is necessary to insure compliance with
such terms and conditions, and shall catzin provisions whereby funds
will be paid to the City upon written tie-d from time to time made by the City.
-
b
(g) Affidavit Required for &turn of Security Deposit. Upon
application for return of any security deposit, the licensee shall file
with the City Clerk an affidavit statirrg Chat no action or proceedings has
been commenced in any court for the forfeizura of such security deposit,
or for damages to any person or persons who are entitled to make a claim on
such security deposit under the terms and conditions thereof, and that
the licensee has no knowledge of any edseing claim or caSse of action
, arising out of the sale of intoxicatirig liquor pursuant to the license issued
under this ordinance, that licensee has not violated any law relating to the
sale of intoxicating liquor, and that licensee has paid to the City and State
Ordinance No. 902
Page 30
all taxes, license fees, penalties, and changes then due and to be paid by
licensee pursuant to any applicable ordinance or statute.
Sec. 17. Liability Insurance.
(a) .At the time of filing an appliation for an on-sale or Club
. on-sale license, the applicant shall deposit 3ith the City Clerk (1) a
public liability insurance policy, and (2) 8 liquor liability policy covering
liability under the provisions of Minnesota SEatutes, Sec. 340.95. Each
of such policies shall provide coverage of at least $300~,000 for one person
and $500,000 for each occurrence. In addition,, an umbrella policy shall be
filed with coverage of at least $1,000,000.
an additional party insured on each of such policies.
cies shall be maintained in force for the full Zeriod of the license for
which they are filed.
-Be City shall be named as
Such insurance poli-
-
*
(b) Such policies shall provide ilfi.zt no cancellation for any cause
shall be made by either the insured or the inslrrer without first giving written
notice of such cancellation to the City and *e licensee at least 30 days
prior to the effective date of the cancellatim.
the licensee shall deposit a new policy comp1P;Jlg with this Sec. 17 prior to
the end of said 30 day period.
If any such notice is given,
(c) Such policies of insurance shdL further provide that payment
of any claim by the insurance company shall r?oT in any marjner decrease
the coverage provided
or thereafter brought
- .8
for in respect to any ot&er claim or claims then
against-the insured or -&e insuring company.
\ Ordinance No. 902
Page 31
(d) Such policies otherwise shall be subject to approval as to
form and substance by the City Manager, and shall be issued by companies
that are duly licensed to do business in the State of Minnesota.
(e) Such policies shall be conditioned that the insurer shall
pay, to the extent of the principal amount of the policies, any damages for
death or injury caused by, or resulting from, the violation of any Taw
relating to the business for which such license has been granted.
*
See. 18. Licensing of Employees
(a) NO person shall be employed as a manager, bartendeE, waiter
or waitress, clerk, delivery person, or in any capacity where such person
sells, serves, or delivers intoxicating liquor in or from the premises for
which a license has been granted under Part B of this ordinance, and no
licensee shall permit any such person to be so eikploypd, unless such person
has been licensed under this Sec. 18. No person may be so employed if his
license is denied or revoked.
(b) An application for. such license shall be filed with the
City Clerk upon forms provided by the City, and such application shall
be verified under oath and shall contain the following information: .
(1) The names and addresses of two residents of'Hennepin
County, Ennesota, who have known the applicant for a period of two years
and who will vouch for the sobriety, honesty, and gerigrd good character
of the applicant.
c
i
(2) A concise history of the applicant's previous employment.
Ordinance No. 902
Page 32
(3) The record, if any, of arrests and of convictions for
crimes and misdemeanors other than petty misdemeanor traffic offenses.
(c) The license fee shall be $10 for each original application
and $5 for each renewal.
and shall be nonrefundable.
All license fees shall be paid with the application
All licenses shall expire on June 30. Applica-
tion for renewal of an existing license shzll be made at least 15 days
prior to the date of the expiration of the then license. .
(d) The application shall b'e referred to the Police Department,
which shall j.nves.tigate the facts set forth in the application and
make a written report thereon at the earliest practicable time. If the
Police Department recommends that such person be licensed, the City Clerk
shall issue the license. If the Police Department makes a recommendation -
that the license not be issued, the City Clerk shall dhny the license, and
the applicant, or applicant's employer, qon written request filed with
the City Clerk within 10 days after notice of such denial is given to such
applicant, or the applicant's employer, shall be entitled to a hearing
before the City Council and may offer evidwce in support of issuance
of the license.
(e) No person shall be issued a license if he has committed an act
that is a willful violation of Minnesota Statutes, Sec. 340.C7 through 340.407
(the "Intoxicating Liquor Act"), Sec. 340.78 through 340.81 (sales to minors),
, or Sec. 340.95 (the "Dram Shop Act").
f
(f) Any license issued under this Sec. 18 may be revoked for
Ordinance No. 902
Page 33
any violation of this ordinance, or of Nhnesota Statutes, Sec. 340.07
through 340.407, or for conviction of any crime or misdemeanor involving
moral turpitude.
Sec. 19. Suspension and Revocation.
(a) The enforcement, suspension, and revocation provisions of
Ordinance No. 141 shall apply to all licenses issued rrnder Part B of
this ordinance, and, in addition, the following provisions shall apply to
1icens.es issued under Part B of :his ordinance: .
(1) The City Manager, without notice, may suspend the license
of any person €or a .period not to exceed 30 days, pending a hearing on fur-
ther suspension' or revocation, where the violation involves the sale of .
an intoxicating beverage to a minor, willfully permitting use of any building
or room under the control of the licensee for'prostitutiLon, or the presence
of slot machines or other gambling devices, or where judgment has been
entered against a licensee for violation of Hnnesota Statutes, Sec. '340.95.
(2) Failure to maintain in full force and effect, at all
times, the liability insurance policy required by Sec. 17 shall be grounds
for immediate revocation by the City Manager of the license for which such
insurance is to be maintained.
PART C.
NONINTOXICATING XLLT LIQUOR f
I
Sec. 20. License Required.
(a) No person shall sell, vend, deal in, or dispose of, by gift,
sale, or otherwise, or keep or offer, for on-sale or off-sale, any nonintoxi-
! --.
Ordinance No. 902
Page 34
cating malt liquor without first having received a license therefor.
(b) On-sale licenses shall be granted only to persons then
holding licenses for intoxicating liquors issued pursuant to Part B of this
ordinance, and for the same premises; to private clubs that have been in- ,
corporated for more than ten years, and that own and operate.clubhouses
for their members in which the serving of malt liquor is incfdental and
not the major purpose of such cltb; to food establishments; and to golf
courses and bowling alleys; provided that no license may be granted $0 a
minor, or to any person convicted of any willful violation of any law of
the United States, or the State of Minnesota, or any local ordinance, with
regard to the manufacture, sale, or distribution of intoxicating liquor
or nonintoxicating malt liquor. No on-sale license shall be granted to
any such food establishment, club, golf course, or bowling alley, if such
&
food establishment, club, golf course, or bowling alley has not been -in
operation at that place for at least six months immediately preceding such
application; provided, however, that the Council may waive said requirement
of six months' operation by four-fifths vote.
(c) No on-sale or off-sale license shall be granted to any theater,
recreational hall or center, dance hall or place where dancing is permitted,
except hotels and restaurants, nor to any o&er place of public gathering
for the purpose of entertainment, amusement, or playing 'of games, except
r
golf courses and bowling alleys.
on any premises where a license hereunder has been revoked for cause, for
No license shall be granted for sale
a
Ordinance No. 902
Page 35
at least one year after such revocation, except that on unanimous vote
of the Council such license may be granted at any time after such revocation.
(d) No on-sale or off-sale license shall be granted to any 'manu-
facturer of nonintoxicating malt liquor, or to anyone having an'interest
in such manufacture
(e) No on-sale or off-sale license shall be granted 'to premises
within 1,000 feet of any public school or church, measured in a straight
line from the parcel or lot upon which the business to be licensed is-located
to the nearest point of the parcel or lot qoo which the school or church
is located.
after an original license has been granted shall not, in and of itself,
render such premises ineligible for renewal of 'the licenge.
The erection of a school or church within the prohibited area
Any license
granted prior to the effective date of this ordinance for premises ineligible
under this paragraph (e) shall remain eligible for renewal of such license
notwithstanding the provisions of this paragraph (e), but such eligibility
shall cease and terminate upon termination of any such license by the City,
upon lapse or expiration of the license without renewal, or upon conviction
of the licensee of any violation of this ordinance or of any violation of any
law of the UnTted States, or the State of Minnesota, or local ordinance, re-
lating to the mnufacture, sale, or distributlcn of intogicating liquor or
nonintoxicating malt liquor.
6
1
Sec. 21. Information in Application; Insurance Required. ._
(a) The application for license or renewal of license shall
Ordinance No. 902
Page 36
contain the following information in addition to the information required
by said Ordinance No. 141:
(1)
(2)
Whether the application is made for on-sale or off-sale;
What additional business is to be transacted by the
applicant at the premises to be licensed;
(3) ' .The citizenship of the applicant;
(4) Whether applicant is, or the premises are, licensed
e
for the on-sale of intoxicating liquor under Part €3 of this ordinance.
Thee provisions of Sec. 17 of this ordinance relating to (b)
insurance shall also apply to applicants for licenses under this Part C,
except that the maximum coverage need be only $100,000 for one person and
$300,000 for each occurrence. If applicant has deposited policies with
the City under Sec. 17, no additional policies need be filed under this
Sec. 21, if the policies are amended to provide coverage for operations
under the license issued pursuant to this Part C.
Sec. 22. License Fee.
'(a) The license fee for an' on-sale license shall be $300 per
annum; the fee for an off-sale license shall be $100 per annum.
..
(b) The fee for any license applied for mre than 30 days after
commencement of the license year shall be prorated and paid only for the
term of the then license period remaining as of the date of application.
No part of the fee paid for any license shall be refunded ..
(c)
unless the application is withdrawn or denied for reasons other than a will-
ful misstatement in the application.
Sec. 23. License Procedure or Control; Penalties. The provisions
of Ordinance No. 141, including the penalty provisions thereof, and the pro-
visions of Sec. 19 of this ordinance, shall a2ply to all licenses required
by this ordinance for the sale of nonintoxicating malt liquor, and to the
holders of such licenses, except that licenses and renewals thereof shall
be granted or denied by the Council by the favorable vote of at least three
Council members. V
Sec. 24. Manner of Conducting Sale,
(a)' ALL' restrictions relating to the manner of conducting the
sale of intoxicating liquor on premises licensed for such sale, and the
maintenance of order on such premises, shall also apply to the manner of
conducting the sale of nonintoxicating malt liquor, and the maintenance
of order on premises licensed for such sale.
b
(b) In any place licensed for the on-sale of nonintoxicating
malt liquor, except bowling alleys, and except presses licensed for the
on-sale of intoxicating liquor pursuant to Part B of this ordinance, the
nonintoxicating malt liquor shall be served and consumed at tables in the
dining or refreshment room on the licensed preztises, and shall not be consumed
or served at bars; provided, however, that the same may be served at counters
where food is regularly served and consumed.
box, stall, screen, curtain, or other device <-at shall oistruct the view
There shall be no partition,
1
i
'of any part of said room.from the general observation of persons in said
room; provided, however, that partitions, subc5visions, or panels not higher *I)
Ordinance No. 902
Page 38
--
than 48 inches from the' floor sh.al1 not be construed as in conflict with
the foregoing; and provided, however, that such license shall entitle the
holder thereof to serve nonintoxicating malt liquors in a separate room
of such restaurant .to banquets or dinners at which are present not-less
than six persons.
PART D.
t
L
.ESCELLANEOUS PROVISIONS
Sec. 25. Hours of Sale.
(ax No sale of nonintoxicating malt liquor shall be made between
the hours of 12:OO midnight and 8:OO A.M. on any Monday, nor between the
hours of 1:00 A.M. and 8:OO A.M. on any weekday, Tuesday through Saturday,
nor shall any sale be made on any Sunday between the hours of 1:OO A.M.
b
and 12:OO noon, nor between the hours of 1:00 A.M. and 8:OO P.M. on the
day of any statewide election.
(b) No sale of intoxicating liquor shall be made between the ,
hours of 12:OO midnight: and 8:OO A.M. on any Nonday, nor between the hours
of 1:00 A.M. .and 8:OO A.M. on any weekday, Tuesday through Saturday; nor
between the hours of 1:OO A.M. and 8:OO P.M. on the day of any statewide
election.
(c) No on-sale or off-sale of intoxicating liquor shall be made
t
after 1:00 A.M. on Sunday, except that persons holding Slnday sale license
or a Club Sunday sale license may sell intoxicating liquor between the hours '
of 12:OO noon and 12:OO midnight on Sundays in conjunction with the serving
of food.
f
Ordinance No. 902
Page 39
.-
8:OO A.M. or after 8:OO P.M. on any day except Saturday, on which off-sales
may be made until 1O:OO P.M., and no.off-sale shall be made on Year's
I
Day (January l), Independence Day (July 4), Thanksgiving Day, or/ Christmas
Day (December 25), but on the evenings preceding such days, if 'he sale of
intoxicating liquor is not otherwise prohibited on such evening&, off-sales
may be made until 1O:OO P.M., eycept that no off-sale shall be made on
7
1-
I
December 24 after 8:OO P.M.
,
See. 26. Hours of Consumption. No intoxicating liquor or
..
nonlntoxicating malt liquor shall be consumed by any person on,; in, or I
about the premises of any place licensed €or the on-sale of intbxicating
liquor or nonintoxicating malt liquor after 1:30 A.M. of any d& and prior
I
to the time of that same day when such place, pursuant to this /ordinance, .
may again begin to sell intoxicating liquor or nonintoxicating malt liquor. i 1
Sec. 27. Place of Consumption. No intoxicating or r/onintoxicating
I
malt liquor shall be consumed in a public park, on a public street, or in
any public place.
the places denied a license by paragraph (c) of Sec. 20 of thiS ordinance.
i
i No liquor or' malt liquor shall be consumed in any of
I ..
Sec. 28. Restrictions Involving Minors.
I 1 ?
(a) No licensee, his agent, or employee shall sell,
dispense upon the licensed premises any intoxicating liquor o
malt liquor to any person under the age of 18 years; nor shall *
I
- serve, or
nonintoxicating
such licensee,
his agent, or employee permit any person under the age of 18 years to be
furnished or consume any liquor or malt liquor on the licenseg premises;
Ordinance No. 902
Rage 40 . ,-
I
nor shall such licensee, ’ his agent,. or employee permit any person
4
the age of 18 years to be delivered any liquor or malt liquor.
(b) No person mder 18 years of age shall misrepresent
for the purpose of obtaining intoxicating liquor-or nonintoldcatt
liquor, nor shall he enter any premises licensed for the retail s
intoxicating liquor or nonintoxicating palt liquor for the purposl
purchasing or having served or delivered to him for consumption a
intoxLcating liquor or nonintoxicating malt liquor, nor shall any
person ’purchase, attempt to purchase, consume, or have another pe’ 1
under
lis age
g malt
Le of
of
7 such
:ucfi
ion
purchase for him .any intoxicating liquor or nonintoxicating malt liquor.
(c) No person under 18 years of age shall receive deli ery - f .
~ 1 of intoxicating liquor or nonintoxicating malt liquor. ‘
(d) No person shall induce a person under the age of 1 years
to purchase or procure or obtain intoxicating liquor or nonintodating
malt liquor.
(e) No person licensed under this ordinance shall purcpase
for or furnish to any person under the age of 18 years any into^
liquor or nonintoxicating malt liquor.
(f) In every prosecution for a violation of the provi:
this ordinance relating to the sale or.fumishing of into’xicating
?
or nonintoxicating malt liquor to persons under the age of 18 yez
’ in every proceeding before the City Council with. respect thereto,
that the minor involved has obtained and presented to the license
)sting
ions of
liquor
:s, and
the .$act
:, his
Ordinance No. 902
Page 41 8
employee, or agent a duly issued and currsnt driver's license from which
it appears that said person was 18 years of age or over, shall be prima
facie evidence that the licensee, his agent, or employee is not guilty
of a violation of such a provision, and shall be conclusive evidence that
a violation, if one has occurred, was not Willful or intentional.
Any person who may appear to the licensee, his employee, or (g)
agent to be under 18 years of age, and who does not have in his possession a
driver's license as above described, may sign and execute a statement in
writing as follows:
READ CAREFULLY BEFOPZ SIWING
The following are excerpts from Minnesota Statutes, Section 340.731,
entitled "Minors , Forbidden Acts or Statements."
v -
"It shall be unlawful for: *
Any person to .misrepresent or misstate his. .or her age,
or the age of any other person for the purpose of in-
ducing any licensee or any employee of any licensee, or
any employee of any municipal liquor store, to sell,
serve or deliver any alcoholic beverage to.a minor;
II
"A minor to have in his possession any intoxicating
liquor, with intent to consume sa at a place other
than the household of his parent or ,cuardian."
VIOLATION OF THF, ABOVE MINNESOTA 4.u IS A MISDEMEANOR
PUNISHABLE BY FINE OF $300 OR 90-DAY IMPRISONMENT, OR
BOTH.
My age is . Date of birth I
Place of birth:
My address is
Dated : . Type of identification, if any:
Witness .
Signed
2
t
1
b
Ordinance No. 902
Page 42
--.
*8
The above form shall be furnished at the expense of all licensees desiring
to use the same, and when properly executed, may be considered by the City
Council in any proceeding before the Council relating to the business 'or
.
operations of the licensee. Such forms, after execution, shall be kept on
file by the licensee for a period of one year.
(h.) ' Religious Services and Medical Treatment Excepted. Nothing .
in this ordinance shall be deemed to prohibit the use of wine in the cuurse of
religious services nor the use of liquor pursuant to the directions of a
physician as'a matter of treatment ..
..
(i) Ordinance To Be Displayed by On-sale Dealers. All estab-
lishments licensed for the on-sale of intoxicating or nonintoxicating 'malt
llquor are required to post copies of Sec. 28, ' paragraphs (a) through (e)
hereof, in every booth and near every table where such liquor is sold, as
well as to display a copy prominently behind every bar.
(j) Ordinance To Be Displayed by Off-sale Dealers. All estab-
lishments licensed for the off-sale of nonintoxicating malt liquor shall
prominently display a copy of See. 28, paragraphs (a) through (e) hereof,
behind every bar or counter where such liquor is sold.
PART E.
&ITISPIKING PROVISIONS I
I z
Sec. 29. No Liquor in Restaurants. No person shall take or carry:
' any intoxicating liquor to or into any building or place for the purpose
of consumption therein, nor shall any person consume any intoxicating liquor
Ordinance No. 902
Page 43
in any building or place that is operated as a food establishment or a restau-
rant unless such building or place is licensed for the on-sale of intoxicating
liquor pursuant to Part B of this ordinance.
Sec. 30. Mixing or Sale for Mixing Prohibited. No person shall
mix, or sell for the purpose of mixing, any malt liquor,. soft drink, or other
liquid or beverage by adding to or with the same any intoxicating liquor,
in any building or .place within .the City, unless such building 'or place
is licensed for the on-sale of intoxicating liquor pursuant to Part B of this
ordinance.
Sec. 31. Illegal To Permit Mixing. No person shall suffer or per-
mit the consumption of intoxicating liquor, or any mixing or spiking af malt
liquor, soft drink, or any other liquid or beverage, by adding to the same
any intoxicaring liquor, in any building or place operated as a restaurant
under a food handling license, unless such bdlding or place is licensed for
the on-sale of intoxicating liquor pursuant to Part B of this ordinance.
Sec. 32. Presumption. The fact that any person in any building
1
or place within the City that is not licensed for the on-sale of intoxicating
liquor pursuant to Part B of this ordinance'sold malt liquor, soft drinks, or
any other liquid or beverage to a person who thereupon and therein added
to such liquid or beverage any intoxicating liquor shall be prima facie
evidence that such liquid was sold by such person for the purpose of adding
' intoxicating liquor thereto, and shall be prima facie evidence that: such
person and his employer suffered and permitted the mixing or spiking of
such liquid by adding intoxicating liquor thereto.
/"'
t
I
I
Ordinance No. 902
Page 44
be added.
remedy herein prescribed in Ordinance No. 141.
Such penalty may b,e imposed in addition to any other penalty or
Sec. 36. Repealer. Ordinance No. 901 of the City of Edina is
' hereby repealed in its entirety.
Sec. 37. This ordinance shall be in full force and effect
Sec. 33.' Partial Invalidity. If any section, subsection, sen-
tence, clause, or phrase. of this ordinance is for any reason held to be in-
valid or unenforceable as to any person or circumstance, the application of
such section, subsection, sentence, clause, or phrase to persons or circum-
stances other than those as to which it shall be held invalid or unenforceable
..
shall not be affected thereby, and all provisions hereof, in all other
respects, shall remain valid and. enforceable.
PART F.
\
SALE' OF INTOXICATING LIQUOR AT OFF-SALE.
Sec. 34. Sales Limited to Municipal Liquor'Stores. Intoxicating
liquor shall be sold off-sale only in the premises of the municipal liquor
dispensaries.
,..
c
PART G.
PENALTY
Sec. 35. Penalty. Any person who violates or fails to comply
with any provision of this ordinance shall be guilty of a misdemeanor,
and subject to a fine not to exceed $300, or imprisonment for a period
not to exceed 90 days, or both, with costs of prosecution in either case to
immediately upon its passage and publication.
12/16/74 I
h
m u u
Edina, Minnesota, being.the duly designated and acting official planning agency
of Edina, has found and determined that the Project Area is a deteriorated and
deteriorating area within the meaning of Minnesota Statutes No, 462.421, subd.
11, as set out in its written opinion submitted to the City Council, which
finding and determination was concurred in by the Authority; and
WHEREAS, the City Council has duly considered the written opinion of the
Planning Commission, the Findings and Determinations, and Resolutions of the
Authority dated December 11, 1974, the material and information included in
the.Plan, and the testimony and evidence presented at- the public hearing of .
December 16, 1974; and
WHEREAS, the members of the City Council have knowledge of the conditions
prevailing in the Project Area and in the locality generally; and
WJHEREAS, the City Council has been fully apprised of all action that will or
may be necessary to be taken by the City of Edina relating to the Plan and the
implementation and carrying out of the Plan.
NW, THEREFORE, the City Council of the City of Edina, Minnesota, does hereby
make the following findings and determinations :
That the Project Area is a deteriorated and deteriorating area within
the meaning of Minnesota Statutes No. 462.421, subd, 11;
That the urban renewal project proposed by the Plan is necessary
to eliminate, and prevent the spread of, such deterioration;
That the Project Area is subject to conditions preventing private
development and would not be made available foreredevelopment without the gov-
ernmental assistance and financial aid proposed by the Plan;
That the Plan affords maximum opportunity for redevelopment of the
Project Area by private enterprise, consistent with the sound needs of the
locality as a whole;
of the Project Area and is sufficiently complete to indicate the relationship
of the Plan to the objectives of the City of Edina as to appropriate land uses
within the Project Area, and to indicate the general.land uses and general
standards of development or redevelopment within the Project Area;
ilies who may be displaced from the Project Area, and that there are available,
or will be provided, in the Project Area, or in other areas not less desirable
in regard to public utilities and public and commercial facilities, and at
rents or prices within the financial means of the families who may be dis-
placed from the Project Area, decent, safe, and sanitary dwellings at least
equal in number to the number of families who may be so displaced; that the
Authority, in acquiring any properties, must and will provide all relocation
assistance and benefits required by the Federal Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, any acts amendatory
thereof, any regulations duly adopted pursuant thereto, and any regulations
duly adopted by the %ate of Minnesota, its agencies, or political subdivisions
pursuant to law; a.
e
?L
1.
2.
3.
4. .
5. That the Plan provides an outline.for the development and redevelopment
6. That there is a feasible method for the temporary relocation of fam-
7. That the Plan conforms to a general plan'for the development of the.
8. .That the method for financing the project proposed by the Plan is
THEREFORE, the City Council does hereby resolve and direct as follows:
A. That the Plan, in all respects, including the method proposed for fin-
ancing the project proposed by the Plan is hereby approved;
B.
the Plan as hereby approved, together wibh the written opinion of the Planning
Commission and the Findings and Determinations, and Resolutions of Authorlty,
dated December 11, 1974;
That the City Council pledges its cooperation, and that of all officials,
departments, boards, and commissions 0% the.City, in helping to implement and
carry out the Plan, and directs that all such officials, departments, boards,
and commissions cooperate in all appropriate ways to assist and expedite all
actions to implement and carry out the Plan, including, but not limited to,.all
actions that are necessary or desirable to implement the method proposed for
financing the project proposed by the Plan.
D. That the Mayor and Manager be, and they hereby are, authorized and
directed, for and on behalf of, and in the name of, the City of Edina to
execute all such documents and agreements, and to take all such action, as they
deem necessary or desirable to assist in the implementation and carrying out of
the Plan. ..
Motion for adoption of the Eindings and Determinations and Resolutions was
seconded by Councilman Shaw and on rollcall there were four ayes and no nays and
the resolution was adopted.
Council to all of the groups who had worked.with the. Housing and Redevelopment
Authority in formulating the project.
locality as a whole;
feasible and adequate to properly and fully finance the project.
That the City Clerk is hereby directed to maintain on file a copy of
C.
Mayor Van Valkenburg expressed the thanks of the
J
12/ 16 /74
PUBLIC HEARINGS CONDUCTED ON VARIOUS IMPROVEMENTS. Mr. Hyde recalled that the
following improvements had been continued from November 18, 1974, and hearings
were conducted concurrently inasmuch as the same properties were affected:
A.
E.
C.
D.
E.
F.
CONSTRUCTION OF TRUNK SANITARY SEWER IMPROVEMENTNO. P-ss-320 IN THE
FOLLOWING :
West 75th Street from Xerxes Avenue to York Terrace; easement line from York
Terrace to York Avenue; York Avenue from easement line to West 76th Street;
West 76th Street to 400' West
CONSTRUCTION OF LATERAL SANITARY SEWER (GRAVITY .SYSTEM) IMPROVEMENT NO.
P-SS-319 IN THE FOLLOWING:
York Avenue from 644'
York Avenue from West 76th Street to 1085' 2 South
Parklawn Avenue from York Avenue to 380' West
LATERAL SANITARY SEWER (FOXE MAIN Am) IMPROVEMENT NO. P-SS-318 IN THE
FOLL(IW1NG :
West 76th Street from 630' West of York Avenue to Francelvenue
East side France Avenue from West 76th Street to South City'limits
SANITARY SEWAGE LIFT STATION AND FORCE MAIN IMPROVEMENT NO. P-LS-9 IN THE FOLLOWING : "f
Lift Station - East side France Avenue at a point 875' South of W. 76th St.
Force Main - East side France Avenue from Lift Station to W. 76th Street
WATER MAIN IMPROVEMEXi' NO: P-WM-290 IN THE FOLLOWING:
York Avenue from the South line of Yorktown Addition to W. 78th Street;
W. 76th Street from York Avenue to France Avenue
STORM SEWER SUBzTRUNK AND LATERAL IMPROVEMENT NO. P-ST.S.-142 IN TFE
FOLLOWING : a
West 76th Street from France Ave. to York Ave;
York Ave. from approximately 700': North of W. 76th Street to W. 78th Street.
North of West 76th Street to 318' North.
from France Avenue to 400' West of York Avenue
Mr* Hyde recalled that Southeast Edina improvements P-SS-318, P-SS-319, P-SS-320,
P-LS-9, P-WM-290 and P-ST.S.-142 had,been continued from November 18, 1974, so
that an additional study could be made of utility service for the area, concern-
ing the necessity of proceeding with all of these improvements at this time,
since the only development currently approved in the area is the Ebenezer High
Rise at the Northwest corner of York Ave. and W. 76th St.
the result of further study of the situation with Mr. Hedberg and an indication
by Mr. Hbvden of the Ebenezer Society that they plan to commence construction
in 1975, he now makes the following recommendations:
1.
2.
Mr. Dunn said that,as
Abandon Projects P-SS-318 and P-LS-9;
Change the proposed assessment basis for P-SS-319 from a front footage
basis at $26.35 per foot to an acreage basis at $3,504.43 per acre .
and approve the project;
Change the proposed assessment for P-SS-320 from $293.15 per acre to
Approve Projects P-WM-290 and P-ST.S.-142 as originally proposed.
3.
4.
$234.34 per acre and approve the project; --
Mr. Dunn said that approval of these recommendations and construction of.the
approved projects will provide full utility service for all of the properties
abutting York Avenue from Yorktown Addition to Interstate 494 and will allow the
permanent construction of that stretch of York Avenue, probably in 1976 depend-
ing upon completion of the assessment of Project C-113, takeovertof the street
by Hennepin County as.County Road 31 and coordination of construction plws with
them.
underground work will have to be done in 76th St. from York Ave. to France Ave.
and.permanent construction there will have to wait until the underground work is
done.
approved projects will be repaved with the type of temporary surfacing now exist-
ing on the street which, with soil conditions existing in the area, should be
sat5sfactory for a number of years.
to assess Sanitary Sewer Improvement No. P-SS-319 on an acreage basis and that
same basis of $3,504 per acre would also apply to the portion of Improvement
No. P-SS-320 that is served by the trunk line as lateral. He added that the
property that is served by Sanitary Sewer Improvement P-SS-320 Trunk as a lat-
eral would also be proposed to be assessed at $3,504 per acre rather than on
the original proposal of $26.35 per foot.
Society was told by Mr. Dunn that this change would mean an increase in Eben-
ezer's assessment of approximately $2,000.
whereupon.Councilman Courtney's motion authorizing improvements Nos. SS-319,
SS-320, WM-290 and ST.S.-142 and abandoning Sanitary Sewer Improvement No. .
P-SS-318 and Lift Station Improvement No. P-LS-9 was seconded by Councilwoman
Schmidt and carried. fSee Resolution Ordering Improvement later in Minutes.)
G. CONSTRUCTION OF GRADING, GRAVELUNG, PERMANENT. STREET SURFACING AND CONCRETE
CURB AND GUTTER IMPROVEMEWT NO. P-BA-201 IN THE FOLLOWING:
Ryan Avenue from W. 62nd Street to 395' South
The abandonment of Projects P-SS-318 and P-LS-9 will mean that future
The portion of W, 76th St. that is torn up by the construction of the
Mr. DUM explained that it is now proposed
Mr. MerlynHiwb of the Ebenezer
No further comments were heard,
12/16/74
Nr. Dunn said 'ilnai: the pmpoaed szssc;?ss~m~t: had been too much for the property to
bear and that khe hearing had been contiwcd frm Novembcs 18, 1974, to sec. iE
the tEgiiway Departrent would pay a porcion ~f the assessmx~t. Mr, Dunn 'recorn-
mmded that Lhe improvemnt be abandoned a% this time and brought tzs hearing
again at the time of the next phase of Tell. 130, iii the hcpe tlmt a portion og
che asses$rent will be paid by the State Higlway Depar5ment e
n:ctiion was then seconded 3g Gounci Xmn Courtney and carried that the improve-
mat lxc abandoned as recotmendcd 5y the Enginear. Councilinan Courtney there-
upon offered the fo1lGFTing resolrrtion and moved its adoption:
Councilnan Sbm's
RESOLIJTCTON QRDEIGEZ $2PRWE14Et?TS
SANITARY SEXEX IW%OVE't.EN"S XU'OS 5s-320 AN% SS*313
YATERPfiLN INPROYZtEhT NO. Wi?hZ90 sTom SEWER I~~PRG~EMEXT NO, ST.S,-IU .
BE IT RESGLBED by the Council of the City of Edinz, 35nnesota, that this Council
heretofore caused notice of hearing to be dilly published and milled to owners
of each parcel. within the area proposed to be assessed on the followhg pro-
posed improvements :
1. CONSTRUCTION OF SANITARY smtm X~ROS'~~T NO. 319 IN THE FOLLOVLKG:
York Avenue fr~m 644' 2 North af W, 76th Street to 318' Nmeh
Yorlc Avenue from 'w, 76th S6, to 1085' t South
Parklam Avs. from Pork Ave. to 380' West
W. 75th St. from Xerxes Aye. to York Terrace
Easement Line from York Terrace to YorIc Ave,
Pork he. from easenenr line to $7, 76th St,
I?. 7Gth St. to 400' West
York he. from the South line of Ilork'covri Addition to W. 78th St.
W. 76th St. Eron Yorlc Ave. t-o France Ave.
C013STRUCTION GI? STOPl4 SEMER-SUB-TRUNK AND LATERAL 13PWlEMZ~ Pi0 ST, S,-142
IN TIE FOLLOI4IKG:
W. 76th St. from France Ave. to Yorlc Ave
York kve. from approximately 700' North of IJ. 76th St. to W. 78th St.
2, CONSTRUCTION 03 SAlJ1TAE.Y S).;\;l%R IPIPROVEMENT NO, SS-320 IN TIE3 FCLbGdfNG:
3 e CONSTRITCTION OF 3JATER?%IN 1N"WVEtIENT NQm WM-2'30 IN FOLLO:.JXi'?G :
4.
and at: khe hearing held at the time and place specified in said notice, the
Council. has duly considered the views of all persons interested, aiid being
ful.1~ &vised of the pertinent facts does hereby determhe to proceed with the
construction of saici improvements, with the understanding that it: is n~w pro-
posed to assess Sanitary Sewer Improvement No. SS-339 on an acreage basis
a.nd that Sam2 basis of $3,504 per acre would also apply to the portion of
Improvement No. SS-320 that is served by the trunk line as lateral and iurther
that the property that is served by Sanitary Sewer IrnpscvemzC SS-320 Trunk
as 2, Lateral would also be prcrmsed to be assessed at $3,506 per ecre
rathr than OR the owigir,rrl proposal of $26,35 per hot, inclr;diazg 811 proceed-
ings which may be necessary in esinent domain Em the acquisition oE necessary
easements and rights for construction and maictenanco of such inprovernents;
that said improveriients are hereby designaced and shall be referred to in all
subsequent praccedings 8s follows:
Nc. 3. Xiwe SANITARY SEVER IPIItROW3I*EhT SS-319
No. 2 Kiove SAKITAEE SEWER Ii*PROVEIdENC SS-320
No. 3 Above VAT%WAIN IMPRO'SrEMZX'T WM-29C
No. 4 Above SFORN SEWER IirlPF,O~?R"T KO e ST a S *-b%?
and the area 20 be specially assessed 50r S4319 shall. inch& DutloC A, Ebenezer
SocieCy 1st Addit%on; Psrcels 2100, 3600, 5300, 9200, Section 32, Tomship 28,
Rmge 24; the area to be specially assessed for 85-320 s'tsall ixlude Lots 7 thru
13, York Eills Addition; Parcels 800, 1200, 2'1(38, 2430, 2500, 3600, 4890, 5300, . ,
6030, 6400, 6800, 7300, 7490, 800Q (El 113 far la--lerai)
Township 28, Paoge 24; Lot 1, Block 1, and Orrtlst A; Ebenaxer Society 1st
Addithi; Tracts I?, Q, B, S, T, acd U, R.L.S. #1129;
assessed for WM-290 shall include Lot 1: Block 1, Ebenezer Soci.e'ty 1st: AddieLon,
Parcels 2100, 2400, 2800 (S 1/2), 36C0, 4300 (Ti 1/3), 6000'(N 1/31 6400 (N 1./3)
6800 (M 1/31, 7300, 74C0, 3000 (5 1/31> 8300 and 920C., Section 32, Township 28,
Rang2 24; Che area to be specially assessed for ST,S.-242 shall include Farcels
2100, 24G0, 2800, 3600, 4800, 6000, 6400, 6800, 7400, 8OOG, 5800, 9200, Sectkoa
32, Yownship 28, Pknge 24; hts 3. tirsu 13, B1cck 1, ikadow 'Lane Iz Addlkion;
Lot 1, Mock 1, Ebenezer Society IsL Addition.
bvmtion for acfopeim of the resolution was s.jcGnde!d by Councilwoman Schmidt and
on rollcall tho,re were four eyes and RO nays znd the rzsolucion Gas ~Sopted,
8800, 92G0, Section 32,
the area to be specially
__
12/ 16/7 4
i C" Gbnt2emzn in the s.?ud€er,ct: that: Ehe tiewer worrld conic Erom Pine Grove Road, rethes
rhm from D.~ndr,c Road. Xr. Frederick Kichards of the ?ark Board said that theie
skculd be public access to the lake if thrc is to be paricland ciedicstitn and-
suggested that this should have been worked cut before corr.ing to i:hc Caunci.1,'
Mr, Lmz said thet Lh proponent wzs not 5.n ~WOX of the beciicatiol.r and wouPd
pre&r to pzy cashe As recornzr?ded by fir, Brickson, Ccuncilman Shsv's motivn
referring the mtter Sack to tlis Park Board was seconded by Councilman Cnurtxay
and carried,
CITY OF EDINA we1srm-m MID SUWEY Grwm PRXLIXNAIRY AFPROVATLU J-EE~~ZV~~S
02 publication were presented by Clerk, zip?rosed as to E~rm anci orciered placed
an fiie. -$ire Luce presented the City of Edina Registered Land Sitrvey 1oca.zed
generally South. of Vernon Awe, and West of Srooksidc he. for preihimq
approval,
fLLlm,ent of an agreement for construction of B parking lot in the'vicinlty of the
Grandview Liquor Store
resolction and moved its adoption:
Hr, Erickson explained that the proposed R.L,S. is a step 2x1 the Ed-
Councilwoman SchrrLdt thereupon cf fered the folloging
RE3OLUTIOE GRFINTIXG f)X3LIl4IX"sRY APPR0V.A.L TO
CITY PP EDINA iZEGISTERED LAND ,SURVEY
BE IT P33kOLVED by the City Coocncil of the City of Edina, lXnnesots, thr that:
certziF- xsgistered Land survey, presented for- iq,prsv.zl'&y the City 02 EdFaa,
covxing .property generally located &uth -nf Vernon Avenue and Yest of Bmokside
&et, and prssenceu at: 2hr? Edina City Coiizlcil Eeting of Decembar 16, 1374, bo
ad is hareby gzanted pri.,! Loliriaq approval.
3iotkm f~r adoption of the resolution was seconded by Councilman Courtney arc? on
rollcall there we-ie fcur syes 2xid no nays and t!ie resolution was adopted.
3EJ3 AXINS LETTER CONliZWED. As reconmended by Kr. Erickson, Councilmm Court-
s mofioi-t as seconaea by Councilman Shzw a-ird carried, continuing discussion
of a letfer from Mr. Dezn &ins in regard to directives from the Fire Depzrtnznt
01: his bnilding at 5416 11. 7Cth St.
- CABLE C9NMLTMCA!EO;\i.S - FSAING IWTED. CounciI' s attention was called to E letter
zett5,izg E~rth proposed regulatiions on proposed regulations of czble comunica-
S.mso ?.fir. Eyde actvised that this matter wi23 be discussed at 2 hearing on Jam-
ary 17, 1975 ami ia being handled primarily by the Southmst %burban Cable TV
C.=z~d.ssic.n. E&~E will be represented at Cche meting. No zction was taken, .
12/lk/74
t age on the North side of khe hill which woilld mi: be visible from arry
residential area.
apartmnt: units.
%!% in the Indian Zulls area and that: Assistant Fire Chief Rrikesh does not
think that the entrance -to GLeason Road should present cny problem.
qaid that Chc problem with %lie grades is Chat Chey are also on 91) degmc C'JiVBBs
compliance with recomxendations 04 the Planning Commission. far. k&rl E. I.aub
main, 6405 NcCauley Trail, said that: the neighbor3 as well as Hra Victorsen,
should ~RSW what kind sE densities would be acceptable sa that plans can be made.
Era Hydz referred to the Plaming Commission Minutes of Xovember 26, 1974, in
which action had been taken that the proponents "pmpese a solution which
utilizes ehe site at a maximum of 8 rrnits per acre 2nd that hopcfuL1y can sep-
arate the building mass into two szparate sections with 3.n underground connect-
the property to reduce the height, Also, if at all possible, the road should
exit onto McCauley Trail rather than Gleason Road.
shou1u be acquired by dedication and by a life estate or some other legal
arrangeniant for park and open space purposes.
clsrifyigg the PPanaing Commission's action does not constituke a concept
approval but asks the develepez to submit a concept request based on those
parameters ,, 'I
because plzns are given concept approval before Che engineering is completed,
lirm L. Q. Keutmaker, 64.29 Margaret's Lane, suggested that town houses night
be constructed on the site. Plra Allen Cater, 6316 Post Lane, said that the
Planning Conmission is not being realistic about the feeliiigs of the people.
Dr. Christgau of Indian JElls said that he would endorse Mr, Victorsen's
the matter be referred back to <he Planning Commission for furth2r study and
action was seconded by Councilman Shaw and carried. Generally, Council agreed
tht Mr. Victorsen, the neighbors and Mr. Luce should work out reasonable plans
and densities together so that Council would have a concrete porposal 01; which
to act.
DESIG~NCION - OF NJM OF ~*NA.NCY LA RE^^ REFERREE TO DEPA~IERT OF NAT~ RESOURGES,
& added khat he cou3.d not come out financi.al.ly w2Zir 160
Plr, Victorsen added that the.re are alredy grx?!cu rrf over
>!r. Dunn
. Nr, Victorsen said that he hsd spent three ~oizths and considerable money in
. ion.. Variances should be allowed so the buildings can be moved Northerly on
TIE balance of the Rill
Mr. Hughes seconded the molrion,
Mayor Van Valkenburg suggested that confusion sometimes arises
-present concept which would save the hill. Councilman Courtney's motion thsC
Notion of Councilwoman Schmidt: was seconded by Councilman Shaw m,:d carried,
referring the naming of the pmd a!: Milles Lane and Nancy Lane to "Kancy Lake''
to the DeparLmmznt of Natural Resources.
5
I FIU'LNG Am ZONIhG OF PLAT 73830, PARCEL 7200, CONTINUED TO JAN13ARI: 6,. 1975.
As reconmended by Pix. Eyde, Councilman Shax$'s ?notion was seconded by Councilman
Courtney and carried, continuing discusslor. on the filling and zoning of Plet
73330, Parcel'720q on the North side of the Crosstown Highcnlny at Wooddale k.vcd,
fa January 6, 1975.
TRAFFIC SAE'ZTlT COBEIZTEE EIEETIEG PlIEUTES OF DECEMEER 10, 1974, ACCWED;
,GUASOX ROAD KC Me 78TH STREET STOP SIGN F2PRVED.
was seconded by Councilwoman Schmidt and carricctd, accepting ehe Traffic Safety
Conmittee Minutes of Decexber 10, 1974, slid approving the installation af a
STOP sign for Glcason Rmd at W. 78th StreoE.
HTrs,RING DATE SET FOR STREKT Il~PROVEEfENTS N3S, P-Sh-202 ANI) P-fL-175, As recon-
mended by Dunn, Councilwornan Schmidt offered the foiloiviing resolution and
moved its adoption; setting hearing date for Wescerr. Edina access routes:
Councilmrr Courtney's motion
XESCSLWION PRC%71DXRZ PO;? PUBLIC €ZARIIfG CN .
STWET X?@P.OVE?GFTS 13.2s PEA-202 AND E'-A-175
1,
the feasibility of the propxed street izptovemnts described In the fom of
Notice of Hearing set forth below, and as to Ehe esti.mted cost 02 such Fr\lprove-
inents, said report is hereby approved and directed to be piaced on file in the
office of the. City Clerk.
2.
City HalP, CI) Corsider in public karicg the views of all persons intersstad h
3,
place and purpose of said meting to be published ir, the ~fficid. nwspaper
ones 2 week for tve successive weeks, the secund of w&ch p\ibTication is to be
not less than three Gays frorn the dste of said ireeticg, and to mail notice to
all affected prapertks in 3ubst~ntCaE3-y the falkwing form: I .
The City Engineer, having submittcd to the Counsj.1 a preliminary report AS to
This Council shall meet: on HGnday, Jaauaq 5, 1975, at 7:OO p.m. in the Edha
The Clerk is Iiereb>7 auihorized and directed to CBIJS~ qokice of E3e time,
i- said improvements.
1 (Off-izisl ;zublj.cation j
CITY 8F EDIL?A
IENNEPIN coyJI?rrY, rnZWS5TA
NGTXCE OF PEBLLC ZEhRXb2GS
Edi1i2 City wi1.l. mot
k?/i;/74
CD 0
J
I-
,/,
epfn Human Services Comcil,
public EO that. the potential role. of the Coiincil will be utiiized to seme
th needs 0.f ras2dents.
This information will be made available to the
IETROP9LZT.4.N COUXCIX, -- DISTRXGT EPUSEhTATIt7E r\PDr3T,XSTi4E%T will be considered
at a meeting on 3ecember 17, 1974, ai: 7 :30 porn, in the kiinmtonka. City EhH.
Council Chambers Edina. will be represeated.
BPAXXAR HILLS 7TH t?LIDITZOH WRRECTLON AFPROVED.
Councilwoman Schmidt: ciffered the foll.owing resolution and rcoved its adoption:
As recomended by %r, Luce,
P~.SOLUTIBN
BE IT 1?ESOLVED by the Edina City Council that: the plat of 3raemr €Ells 7th
Addition filed on April 3, 1974 in ehe office of the Register of Deeds, Henne-
pin County, Minnesota in Book 201 of Plats, page 25 be corrected in the follow-
ing particular: The hearing N74°33809"E on the westerly boundary line of said
plat is hereby corrected in the following particular: The bearing should read s 7 4033 ' 09 'H 0
Notion for adoption cf Ithe resorution was seconded by Councilman Courtney and
on rollcall there were.-Eour ayes and no nays and the resolr;tion was adopted.
NIWE MILE NORTH PLAT CORRECTION WiR0'6ED.
woman Schmldt offered the following resalution and ,maved its adoption:
BE IT RIEOLYED by the City Council of the City 02 Edina that the plat of Nine
lrrilts North, Ziled on June IO, 1971, in the office of the Register of Deeds,
Bennepin Comty, Minnesota, in Book 188 of Plats, page 12 be corrected f.n the
Eollowing particular: That part of the legal description in the dedication
of the plat which reads "thence kast to a point: on the east line of the
Southt7est Quarter 05 the Northwest Quarter a distance of 1362.25 feet south
from the north fine 02 Sectian 31; ?hence south 468,72 feet" 5-s hearby corrected
in the follwing particular: Th& part of the legal description ia the dedica-
thn of thn, plat: should read: "thence ess% to a point on the east 3.ine of the
Southwest Quarter of the Northwest Quarter a distance of 1362-25 feet sotltli
from Ehe north line of Section 31; - thence south along said east: line 468.72
feet;:.
Motion for adoption of the resolution was secoilded by Councilman Courtney 2nd
on rolfcall thexs were four ayes and no nays and khe resolution was adopted.
FZRLSB3N IS VOLUHTEER R%LTBP ASSOCTATI'JN 2EQUES'T FOR X.EGISIATION ATPROVED. As
requested by the Fire Dsparhnent, Counrilm Courtney offered the following
resolution aEd moved its adoption following1 some discussion:
~SCi12W10?7 SUPPC?RTING EGI SL4TIQN
I GUNCE,W-INZ flDI:% FZRE IfElJARTMENT F3LIEF ASSOCIATION --
As recommended by Wc. Luce, Council-
mSOLUT1 ON
.
t
'WHEREAS, the financial condition of trhe Edina Fire ilepaartw-nt. Relief Association
is excellent and an actuarial study as of December 31, 1973, shows that it vi11
have considera3le funds left after all present and €ueurc mexbers have received
beilefits;
NCRJ, TYW?..EFOW, 3E IT Z3SOLVEJl that the Edina City Council requesrs Senators
Otes Ssng and Farxion T. Ogdahl and Representztives bkiry Fursythe, Johs Johnson
2nd Ray Ple3.san: to introduce and secure passage 02 specral legislation kIhiCf2
wi1.1 imrease the retirt~~~nt benefit for 20 gears of service to $IS0 and the
increment fcr seivice in excess of 23 years to $9,00 for each gear, with a
maxinmm of $270 after 30 years, with proportionate hncreases in widows and
orphans benefits included.
Motion for zdopticit of the resolution T~ZS seconded by C&nciZrnan Shaw and on
rollcaff there were four ayes arid no nzys and the xesoiution sas adopted.
$OUHTY XOAD 18 -- TAYCYJT NO. 238 1"ARIEG TIATE SET.
was seconded by Councilwoman Schmidt ecd carried, setting January 6, 1475,
for hexiring date for Layout No, 23B lor C,S,A,B. 18.
--_I SPECIAL XEEfXJX D,YCE SET, Eiid of year rzeetifig daee Zor paymat of bills was
set for December 30, 1974, a& 4:30 y.m. in the Conference Room, by motion r~z
Councilmail Shm7, seconded by Counci 1riTr Corrreney and carried.
Counctlman CouFCney*s motion
1. Se tian 11 of Okdinance No. 311 is hereby amelided eo read as
/*
"Sec. 3.1. Redemption. ,Any animal impounded for a redson other than for.
Eeiq observed for rzbies msy'be rFdeamd from hLhe pciind by an oxme: sithb 2he
tim or period stsated in ,hc, 10 by paying to the Poundmesker the license Eee
for %he cuxfeni: yzar if* the animal is unlicensed and required 20 be Iicemed-'
3y Ordirrance No, 311, an impounding &e of $5.00 and a fee of $3.130 for ezch
day the zn~imal is confined in the pound as the cost or' feeding.
to be redeemsd was impounded €or any reason by the City once &wing the 12 mmth
period nsxt preceding the date to the present: impounding, the iEpounding fee
shall be $10.00; or, ir' the animal was impounded twice during such perigd, tbe
inpozmding fee shall be $20,00; or, if the animal. was impounded thrce tiices OT
more during such period, khe hpounding Eee shall be $40.00.
If the miml
B Saction 2. This ordinance shall be iE full force and effect upon its pzss-
. age and publication.
>loti~n for adoption of the ordinance w2s sec
call eher.2 were four ayes and no nays and th
AT!ZEST:
aw and on roll-
..
,f
- TEXPOlWS BEER LSCENSES TO BE CONSIDER3D. As recomr,nded by $Ira Eyde, iC was
generally agreed that wine provision should bc made Cor issuance of teinporarg
beer Ifcenses. It was generally agreed that such a provision could be contrzinecl
in the pzoposed PrSplit-Liquorzl OrdihanEe, if such ordicance Fs adoQtEd after the
Febmary 4, 1975, electiioo. &yor Van Valkenburg annourtced that: a Special 3ket-
iag of the Courreil is plamed for January 13, 1975, cr!: 7:30 zt Edintl NesC Upper
Xvisfon, The City Attoiney was requested to have summary sheets OE tkc ordin-.
mce available for that meting.
S4L4EZS OF ELECTED OFFICULS ESTAJ3T.ISUED FOR 1975.
the following o.rcEhance Zor. First kzding with watver of Second Eecdicg:
Councilw~man Schmidt offered
ORD~lW!CE NO. 12441
AN OR31NAir:CE ESTA3LSSHJXG S&mES
II FOR ELECTED OFFICIALS FOR '!AR 1975
TEE CZW CObXCIL OF TI33 CITY OF Ef)?W-, KLtIlu'ESCTh, OPBAI3S :
Sectiorx 1. The salaries of mnibers oE the Edha CL2y COURC~~ shall be 2s
Jamzs Van Valkenburg , Xayor - $3,900 Annual 3.y
C . Gape Cocrtney , Councilman .. 2,600 A~~~ualljj
Frederick S. Richzt-ds , Councllvxm - 2,600 PxxtuaI2y
Jmie A. Schmidt, Councilwomac - 2,609 Annually
h'ii~ws for the year 1975:
WiPIis F. Shm, Council.~an - ?,,tilIC?. kncallp
Bec, 2, This ordinance shzli be in fcll force and effkct j.mxediaSely upfi
-4. passage md Fublicatioc.
3J.LGioIz for adoption of ths ordinance was seconded. by Counc-ihmn Csurtney BC~ on
r51Lcall tbre wsre four ayes and no nays and the orcEiiancs vas adcpeed,
I974
Bi-
1 &kLg (Panual. -
l&eg,al
Prosecuticg Attorney 350 { 9,100)
Bfanninp, Technician . 640 (16,640)
Planning Intern (Code Inforcement 320 < $3,320)
Planing Snvironmental 341 ( 8,566)
Officer)
PUBLIC SAFETY . -.-
350 ' ( 9.J.00)
750 (A) (18 385)
352 ( 9,152)
38.5 (ru,oxo)
POLICE,
Director of BubLic Safety'& €olice 943 (24,518) 1,037 (26,932) b
Chief
Captains - 2 years service . 694.23 (18,049.95)* 763.65 (19,854.90)*
First year 625.23 (16,255.98)5k 687.75 (17,881.50)2'e . Sergeants- 2 years semice 585.23 (15,215,96)* 643.75 (SG,737,50)*
1 year service 575.23 (14,955.98)f: 632.75 (16,451,50)*
FirstP?ear 565.23 (14,695.98)k 621.75 (16,165.50)9;
1 year senrice 662.23 (17,%17.38)9~ 728.45 (18,939.70)* .
Detectives-2 year9 seivice 558 (14,508)
First year 542.77 (14,112)
Patrolrnen -4 years sewice 502.62 (13,068)*
3 years service 476.62 (3.2,444)* Z years service 4-56.92 (11,880p
ED 0
00 1 year service 432.92 (11,256)9< cs3 w w.
-1. year., ser..ice - ' 550.62 (14,316)
First year 387.69 (l.0,080)*
r Dis p at che rs - Desk clerks 408 (ZQ,608) 449 (L1,674)
Dispatchers-Desk clerks (hourly) 4 4.0 4,80
FIRE:
. Chief 716 (78,616) 788 (20,488)
Assistant Chief 690 (17,940) 759 (19,734)
Lieutenants - 2 years service 530 (13,780)*
First year 523 (13,598)**
Drivers - Xnspectors 495 f 12,870)*2~
Firemen 4 years service 482 (12,532)w
3 years service K?4 (12,324)*
UI
, 2 years service 443 (11,518)'Je
I year service 425 j12,050)**
First year 383 ( 9,958)5*9 Tart: ,JVirnJ'A.% '*-'b 150% c% regular hourly rat% with a ni;zimm aE
2 huyrs fer each off-duty call,
Animal Control Officer 329 ( 8,320) 375 ( 9,750)
%leaabers of the PolSce Departmnt will receive an additional $45.00 a monZh as pay- .
ment for taking at least 30 hotrars off-duty training frox the Ere Department in Eire
fighting techniques, for aiding in the extinguishing of fires "id for qualifying $3~
Red Cross First Aid Certificazes.
gd:Y?kmbers of t'he Fire Departmait will receive an additional $30.00 per nicsnth far
Operati.cn of the Hire Department ambulance, qualification far Red Cross First Aid
Certificares, and taking suck adiiCionab instruction in First Aid as nay be
required. by the City.
$2.40 pes Kour $2.50 per Izour
4.00 additiona 1 4 . 50 additional
823
6 3.9
4.63 323
290
250
2.60
2,20
l.75
2.85
2.85
2,50
27 5
242s
Z,85
2.50
2.85
6*50
456,92
(21,,398) 905
QlS,OCJ4) 681.
(12,038) 5 10
( 8,398) 368
305
275
per hr. 2.60
*per hr, 2.25
per hr. 2 .oo
per hr. 2.85
per Izr. 2.85
per hr. * 2.50
290
per hr. -6 2,50
per hr. 2,8f
per hr, 2.50
per hr. , 2.85
Xnst. class 6 .so
( II 9 1380) 491,54
per hr.
per hr.
per hr.
per hr.
per h~.
per hr.
per hr.
per hrr
per hr,
per hr.
IRS~:. class
(12 780)
I
3974
, .'. Bi-
ikekly (hncal
%rk Keeper 424.62 (11,04C
perk leeper I# t' 385 ,(1.3,01C
Go 1. f Course Supe rh tenCer,t s 489 (12,714
GciE Course Maintenance 4-23 (10,99€
Golf Course Business ?hrsger 476 (12,376
Golf Course i+lanaiers, Starters , Cash-
iers, Lunch Counter Clerks (S)
Arena .. Ktnager
Arena - Assistant $Imager
Arena - Eatntenance Scpe-misor
Arena - Guerds, Cashiers, Concession
Attendmz
LIQUOK STCRES_
3knager
Assistant Nanager
Assistant Hanezars - Storss
Clerks 0 regular
CPerlcs - part-the
INSPECTORS
Plurrbiag
Bu%ldi-ilg
Depilty Inspector
Xec5anical
Eeafth Officer
Sasitxarian
Deputy S2mi.taritsn
73ExLTH c
. Lzboratory TechnicbzD
I__. iAIerkly {Annual)_
456.22 (11,880)
424.k2 (ii,040)
549 (14,274). '
'466 ' (12,116)
529 (13,754)
3.50 pcz hr.
499 (12,974)
423 (10,998) .
423 (l0,998)
3,15 per hr.
754 (19,604)
510 (13,260)
, 486 (12,636) ,
4.20 *per,.t?r. ,
3,:55 pez hr.
,.590 (15,340)
615 (15,830)
452 (12,012)
495 (12,870)
25 per month
590 (15,340)
347 ( 9,022)
494 (12,844)
3.70 per hr,
549 (14,274)
,935 { 13, 116)
4G6 (12,115)
3;15 per hr.
830 (21,550)
535 (13,190)
561 (14,586)
c 4.65 per h-f.
3.75 per hr*
649 . (16,874)
577 (17,602)
.SIC (13,253)
545 3 (14,170)
25 per rronth
649 (16,874)
544, (14,144)
400 (lQ.400)
FUZLIC WOFG A3D ENGINEEFJiG
Director 0'; Pub1i-c Rorks & E9giceering 943 (24,515) 1037 (2G ,962)
Assistant Engineer 529 (13,754) 582 (15,132)
Supervisor c f De sign 587 (15,262) 645 (16,796)
Supervisor 04 1nspec"Lon 587 (15,262) 646 (16,796)
3qemisor of Surrey 587 (15,262) (15,796)
Engineering Aids ITS 471 (12,246) 513 (i3,463)
Engfneerhg Xd 11 4x7 (19,842) 454 (11,934)
Engineering Aide 3: 35s ( 9,308) 374 ( 9,72&>
Szllje rin tezdeSt FJater 587 (15,262) 613 (?,5,fi60)
ad m.ct..mic) 535 (13,910) 533 (f5,15S)
:bintenaxe Nail t' 385 (Z0,OlC) r,24!-:52 (11,043)
?!ecknic 466 15 (12,120) 503.77 (i3,OZOj
I-izchaiic' s helper # 433 . 85 (11,280) 4G6.15 /12,3%0)
Sewer - fJater Utility 1%~ P 424.62 ( I1,WI) 465 .I5 (12,120)
AckSnistrative Assistant Public ibrks 423 (10,%8) 465 (12,390)
Sup % rh tardent Pub 1 i c Works 710 (18,460) 781 (20,306)
LOES~Q - (Street, szwcir, vater, parks
Zeal-y Equipmznt: Cperator $ 455.92 (11,880) 49 I e 54 (12,78Q>
Lightt Equipriilt Cperators # 424.62 (11,040) 456.92 (lt,R80)
7-l
Jat5tor 355 (t0,010) 421:- (Li,024j
3isLstant Superintendent I?uSlic ihrks 554 (14,404) 577 (15,002)
Electzf-cian 457 (11,882) 502 (13,078) --. b~?. Idiiig Engineer 424.62 (11,040j 456.92 (11,88nV)
Bkar-Ling rates mzy be 20% less for the first three months of service .=nd,13% less
Zcr the seccnd tkree mouths.
{A)
(S) Seascxal
r.:.=itrioi~ for adoption or' the resolution wzs seconded bjj Coansilnsii Courtney arid on
m.z--mlf first 02 year and one-half the last half of year.
--
-..-,- ~-.11cz11 thers wi'e four ayes ad no nays and the resolution was adopted.
- INTSNT TO PARTICIPATE IN GOOPERATIVE COMMJTTY DEVELOBIEW FUNDING ---....-rrrr.r-.ll- RPP'IIC'lrED 4 . As reconmiended by Mr . &jde
and moved %trs adoption:
Councilman Courtney offered the fullowln~ resolution
J.USQL~IITIO?J STATIIJG IWENT TO PARTICIPATE IM
COOPEEATIVE COPM'JNTTY DEVEJ~OPldEXT FUNDING
TJHJWEAS, the recently enacted Federal Housing and Community Deve1.oprfient Act of
1974 at Section 570.104, Subd. (c) provides & limited mount of discretionary
funds for activities proposed by qualifying units of general purpose local
governmznt which the Dzpartment of Hausing and Urban Development (iirJD) agrees
to fund; and
WHEREAS, the total available funds are exyected to be not more than 1.4 millAon
~Eor Fiscal Year 1975 and 5.1 millton for Fiscal Year 1976; and
WIiEWS, the CLty of Edina, together with approximately 190 other governmental
units within zhe Metropolitan Area is eligible to nake application for such
Cunds ;
NC3W, 'JIHEMFOPS, BE IT RESOLVED:
1. The City Council of the City of Edina hereby expresses its desire and
intent to participate through the €33 Ad Eoc Steering Committee, together
with other eligible governmental units wlthin the Pkt-ropolitan Area, in
the fornulation of tentative alternative Section 507.100, Subd. (e) Sunds
allocation, prioritization and distribution procedures which could ulti-
mately be used in connection with sixh fund distribuEion in the Metropoli-
tan Area.
The Edina City Council directs Greg Luce to act as its designated repres-
sntative to .ishis Cornittee and to HliD for purposes of expression of the
Edina City Council position -atid intent with regard to the above matter.
The Edina City Council understands thzt this Resolztion does not constitute
an acceptance 31' endorsement of any specific recommendation(s) of the ECD
Steering Cornittee concerning the above, but agrees to give furtger official
consideration to any recornendation formcilated by such Cornittee acd endorsed
by tha designated representatives of participating cornunities .
2.
3.
I
Motion for adoption of the resolrrtion was seconded by Councilw Shaw and on
rollcall there were four ayes and 130 nags and ehe resolution was adopted.
CD Q 00 c37 w w
~U~~.)~T AS OF OCTOEER 31, 1974, was presented by Mr. Dalen, reviewed 2nd oydeqed placed on -me by motion of Cotlricilman Shaw, seconded by Councilwomn
Scksi?d&c and carried,
* --.A I'EEBTUI\D TRANSFERS APFXOVED. As reconmznded by Mr. Dalen CounciLnian Sharz' s
rnori.cn approving Che Statenieilt of Estimated Expeilditures .md Traks fers for the
year ending Ikeember 31, 1974, was secondeu by Councilman' Courtcey 2nd carried.
- CL41kf.S PAID.
ar,d carried for paymct of the following cia5ms as per pre-list:
lievenue Sharing, $391,678,98; Cons6ruetion Fund, $212,669.18; Water Fund,
$190,338.86; l;L;,quor FGX:~, $492,536.07; Sewer PJnd, $69,326,57; Iqmwments,
Notian of Councilma2 Courtney was seconded by Councilwoman Schmidt
General and
' $584,490.75 PIX and Poor, $57,519-76; Total, $2,30788K'1,72.
purcfiase of nilia squzd cax EL $4,100.05 and f370 datectivc's cars at $3,939
and $3,853.44 each.
CUI- APFTRKATTVE ACTION PLAN. Mrs I'IeredFth Fare asked wb.ether or not EdLns's
RfEimative Action Plan had been certified by the Xntlesota Ikpartm-nt of Human
Rights.
No fmther business appearhg, Cauncilman Shaw' s motion for adjournmznt was
seconded by Councllmsn eourtney and carried.
14r. Ryde advised thst he would ckck into the matter,
Adjournment at lot35 pim.
..