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HomeMy WebLinkAbout19610925_19611002_regular_adjourned224 1 i MINUTES 03' THE! ADYOUWED PI)RTION OFsT?dE SEPTEMBER 25, 1961 lll3Gm MEXTXNG OF THl3 EDXNA VILLAGE CBUNCXL, H?lLD MONDAY: OCTOBER 2, 1961, AT 7200 P.M., AT THE: WOODDAU SCHOOZ, W .50TIi ST: &D WOODDALE AWE .- Members answering Rollcall were Dickson, Tupa, VanValkenburg and Bredesen. Trustee Beim arrived later, as hereinafter recorded. PUBLIC HEARING ON APPLICATION OF EDINA POST 1471, PIMERICAN LEGION, FOR CLUB ON- . SALE RETAIL LIQUOR LICENSE AT AMERICAN LEGION HALL, 4900 EDEN AVENUE. Bredesen reviewed for the audience present--about fifty persons--the proceedings to this point on Post #471's application for an on-sale liquor license, being as Mayor follows: application at 4900 Eden Avenue, and the Council's action appointing the Mayor to discuss the matter with Mr. Richard E. Olson; the Mayor's discussions with Mr. Olson, during which Mr. Olson was told that the location at 4900 Eden Avenue would be unsatisfactory, mainly because of limited parking facilities; the subsequent letter fromMr. Olson, dated June 26, asking that the Council consider a license for Post #471, at "Cedric's Cafe", and requests by the Council for financial information and rules of conduct; Mr. Olson's letter of August 25, setting forth the rules of conducterequested; the discussions from time to time on rules governing limitation of membership, in which Mr. Olson had stated that the by-laws of the organization will not permit limitation of membership and also that the member of any American Legion Post is entitled to the hospitality of any other Post; Trustee VanValkenburg's letter of September 6th, to llr. Olson, asking for additional information; the Village Attorney's letter of September 14, stating that the Attorney General has ruled that in the event a license is iasued to an American Legion Post, "liquor may not be sold to persons other than members of that post"; and the September 25th letter of Mr. Millard B. Steady, Commander of Post #471, to Mr. VanValkenburg, setting forth the answers to most of Nr. VanValkenburg's questions of September 6, and asking that the license be issued for the location at 4900 Eden Avenue, stating, too, that the Posts expects to control its membership to 1,000. Mayor Bredesen ended his review by protesting a statement in the notice sent by the Post to its members concerning the meeting this evening, stating, "This hearing for our liquor club license was set up for the sole purpose of defeating us by the Edina Village Council". Bredesen told audience that hearing was called to get the sentiment of the public as to whether additional on-sale outlets are desired. number of members, Mr. Olson introduced Mr. John G. Kressel, the Department Judge Advocate for the American Legion Department of Minnesota, who stated that under the constitution and by-laws of both the national and the state organizations each Post is the sole judge of its own membership--that not only does each post have the privilege of limiting its membership as to number, but other limitations may be imposed. He added that the laws of the State of Minnesota do prohibit the sale of liquor to any except members of the particular club or organization, stating this last was relative to the parking situation--that if parking is adequate for "X" members but would be inadequate to ''Yrr members, Post 8471 could properly restrict its membership accordingly. membership to Edina residents, and was told by Mr. Kressel that there is none. its own members. Legion members, spedifying their particular posts--that these cards would be used. Edina residents, or to any certain number. don't all live in Edina. successful operation, that it has been operating about five years and the Richfield Police Chief reports that there has been absolutely no difficulty with respect to its operation. Commerce, favoring the granting of the license providing the membership is limited in number and fairly and reasonably operated. Mr. George Nugent told Council that neither the clubhouse nor the parking facilities at 4900 Eden Avenue will accommodate even 150 people at this time, and Mr. Olson added that the parking lot is the Village Hall parking lot and should not be made available for the purpose under discussion. the question, "Shall additional on-sale liquor licenses be issued in the Village of Edina?", 117 replies having been received, with 95 opposing and 22 favoring additional licenses. Receipt by the Councilaat its April 24th meeting of the Post's formal . Mr. Stating that one of the Council's considerations seemed to be limitation on He cited the B&P Post in Minneapolis as an example. . Trustee Dickson asked if there is anything to prohibit restriction of Trustee VanValkenburg inquired as to how the Post expects to limit sales to It was explained that identification cards were issued to all 2lr. Olson inquired as to why it should be necessary to limit membership to He told Council that present members Mr. Kressel told Council that the Richfield Post is a good example of Mr. Jim Ellingson read a resolution adopted by the Edina Junior Chamber of Mayor Bredesen read the results of a 221-letter poll taken of its members on Trustee 3eim f.&k his seat at this time, and was present for the balance of the meeting. 25 16/2/61 Mr. Dick Davies of the South Gardens Association inquired if the statements made mean that the only persons allowed to participate in the club. by Mr. Kressel, but Mr. Bredesen added that it is the proposal of the Post to increase its membership to 1,000. Mr. Davies asked, ''%xactly what does the Village stand to gain in license fees?" fee is $100; that in addition to this there is personal property tax on the inventory. Suggesting that the Council not consider the matter unless it can determine that the Village has more to gain than to lose, and contending that the Village has more to lose than to gain, Mr. Davies told Council his association will vote against the license. fixed, financially; that it has been operating on the profits from its bingo games. by the Post--the resuscitator donated to the Village, the School Patrol program, and the Gun Safety program. license which will make it necessary for people to leave the village after consuming alcohol. of license. does not issue license. Pastom Carlson of Normandale Lutheran Church said that in talking with members of the Ministerial Association he had heard concern expressed by several of the members over possible issuance of the license; that, personally, he would object very much to issuance; that sponsorship of a safety program with liquor profits is inconsistent. Country Clubs, told the Council that an associate membership can be secured at Edina Country Club for about ten dollars, and anyone can do his drinlcing up there. Mayor Bredesen reminded audience that the parking situation at 4900 Eden Avenue is considerably different than that at either of the clubs, and Mr. Nugent stated that for some time Edina Country Club had had inadequate parking facilities- that when situation became too bad, the Club made provisions for its parking--and that the Legion could do the same. Mr. Morgan Iler, speaking in a three-fold capacity--as an individual, as President of the Home Owners Assn. of Creston Hills, and as an officer of Edina- Morningside Junior Hockey Association, said that if he had any choice in the matter he would probably vote against the undertaking; that the Home Owners Assn. does not care to take a stand in the matter but that most people present at a recent executives' meeting had expressed the opinion that they would rather the license was not issued; that as a member of the Hockey Association he would be in support of the Legion's efforts to sponsor youth groups but he would point out the various other organizations in the community which seem to make out all right financially without liquor licenses. benefit indirectly from the profits of the Village's liquor outlets, which should be sufficient . Mr. Bob Hicks, speaking as a Legionnaire and local businessman, told Council that while the meeting could go on all night concerning the evils of liquor, there is liquor in Edina now; that tge integrity of the American Legion cannot be doubted; that Mr. Olson has laid down a set of rules which will be abided by; that the club will be operated on a businesslike and wholesome baiiis; that the Post's life depends on this liquor license. Mr. Kressel told Council that he appears at this meeting only as a private attorney for the Edina Post; that he does not want to infer that the Department of Minnesota either favors or disfavors this particular post license. he is sure Edina has ordinances governing parking for particular business and that, without being familiar with these ordinances, he is sure parking problems could be worked out; that renewal of license each year rests with the Council; that the Richfield Police Chief reports that the Richfield Post liquor operatisn has not seriously increased law enforcement problem in Richfield. Mr. Notton told Council that it is his opinion as an attorney that it would now be almost impossible to deny the Country Clubs theirr licenses because of their "grandfather" rights; that if the Council grants the Legion a license now it will be difficult, next year, to deny a license to increased membership. Mr. Bruce Shubert, of the 'Watchdog Committeeau of the South Gardens Assn., told Council the Association wants no such operation at Cedric's Cafe. Mayor Bredesen, after asking for any further discussion, told audience that he is absolutely and firmly convinced that issuance of an on-sale license at this location would be a mistake for the Village; that he is somewhat convinced that issuance of any additional on-sale license would be a mistake; that he will vote against issuance of license at this time but will be willing to take another look later and consider the facts as they are then presented. Avenue be denied was seconded by Beim and carried, without dissenting vote. 150 members will be the only persons who would be the ?L, 'i He was answered affirmatively He was informed that the license Mr. Bob Schneck, Past Commandkr, told Council that the Post is not too well He called Council's attention to the various community projects sponsordd Mr. Austin Norton, former Municipal Judge, objected to issuance of any He said he believes the Village has much to lose by issuance He also objected to idea that Council is t'discriminating6P if it One gentleman, who objected to continued issuance of licenses to the two He pointed out that these groups He said Dickson's motion that application for on-sale liquor license at 4900 Eden I 226 lot2161 .* . I I .-e .. . ~"...~~.'.x.rrr,r.l.r.,.,..rr.r..r" *I. . 3P COmciL ASKS FOR PETITION PRCM PROPONENTS OF SCHAEFER ROAD SANITARY SNJEW. bianager eFmbrandum to Council, with reference to a request for reinstatement of the Schaefer Road Sanitary Sewer project,was reviewed. Council ask that * petition for reinstatement be filed before further action is considered. COUNCIL ADOPTS BUDGET FOR YEAR 1962. revised in accordance with directions by the Council, which will put the'Mill Rate at 28.6, 1/10 mill below last year's mill rate. and moved its adoption: Mr. Hyde presented Budget for Year 1962, Tupa offered the following Ordinance ORDINANCE NO. 16-5 ORDINANCE ADOPTING BUDGET FOR THE VILUGE OF EDINA FOR THE YEAR 1962, AND ESTABLISHING TAX LEVY FOR THE YEAR ' 1961 PAYABLE IN 1962 I THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: hereby adopted as hereinafter set forth; and funds are hereby appropriated'therefor: Section 1. GENERAL FUND The Budget for the Village of Edina for the calendar year 1962 is GENERAL GOVERNMENT Mayor and Council Administration Finance Assessing Legal Services Biunicipal Court Library Election PI anning PUBLIC WORKS - Engineering Highways TOTAL GENERAL GOVERNlriENT TOTAL PUBLIC WORKS PROTECTION OF PERSONS AND PROPERTY Police $ 9,760 54,510 35,463 40,202 16,390 25,740 3,403 7,240 12,595 $205,303 $123 , 132 352,579 $475,7 11 $213,630 Fire 96,656 Civilian Defense 2,175 10,000 Public Health Animal Control 4,500 Inspection 19 , 768 TOTAL PROTECTION OF PERSONS AND PROPERTY $346,729 NON-DEPARTMENTAL EXPENDITURES Contingencies $ 11,049 17,000 Special Assessments on Village Property Unallocated Capital Outlay 6,400 Capi t a1 Improvements 50,000 Settlement of Suits 1,000 TOTAL MISCELLANEOUS AND CONTINGENCIES . $ 85,449 $1,113 , 192 PARK m Supervision and Overhead Recreation Maintenance Capital Outlay TOTAL PARK FUND $ 31,727 39 , 335 48,846 7,225 $ 127,133 Section 2. GENERAL FUND Estimated Receipts other than General Tax Levy are hereby. established as hereinafter set forth: Village Share-State Liquor and Cigarette Taxes $ 71,000 Licenses and Permits 48,335 Municipal Court 45,000 Departmental Service Charges 127,320 ' Other 29,775 Transfer from Liquor Fund 85,526 State Apportionments-Highways 19,000 TOTAL GENERAL FUND $ 425,956 PARK FUND Transfer unappropriated surplus $ 11,239 Registration Fees 18,970 Other 450 Transfer from General Fund 39 , 474 TOTAL PARK FUND $ 70,133 Transfer from General Fund 80,000 $ TOTAL ESTIMATED RECEIPTS $ 576,089 PARK CONSTRUCTION FUND 229 levied upon all taxable real and tax rate sufficient to produce the I I Section 3. That there be and hereby is personal property in the Village of Edina, a amounts hereinafter set forth: For the General Fund For the Park Fund -. For the Poor Fund For the Firemen's Relief For Fire Protection For Bonds and Interest For Hennepin County Park Reserve District -. '. $687,236 57,000 10,926 8,300 8,300 44,100 . 5,106 $820,968 and Section 4. This ordinance shall be in effect from and after its adoption -.._ publication according to law. Motion for adoption of 0rdinancer.was seconded son, and on Rollcall there Village Clerk MAXIMUM WGES AND SALARIES FOR YEAR 1962 ESTABLISHED. Pursuant to recent discussions Manager Hyde presented his recommendation for Maximum Salaries and Wages for the Year 1962. Schedule was thoroughly reviewed, and Beim offered the following Resolution and moved its adoption: RESOLUTION ESTABLISHING SCHEDULE OF MAXIMUM BE es SALARIES AND WAGE RATES FOR 1962 IT RESOLVED, that Maximum Salaries and Wages for Village Employees be tablished as follows, for the Year 1962: GENERAL ADMINISTRATION Finance Director Assess or Deputy Assessor Deputy As sessor-Part Time Administrative Asst. Office Clerical-fiscal-secretarial Clerical I (3) Clerical I1 (6) Clerical 111 (4) Clerical IV (2) Prosecuting Attorney Legal : Planning Director PER MONTH $900 750 550 425 315 350 410 45 5 500 650 1.50 Hr. PUBLIC SAFETY POLICE Chief $757 Lieutenants 6 28 Sergeants (5) 587 Patrolmen 11 - 2 yrs. Service IV - Less than 1 year Service Dispatchers - Desk Clerks-hourly I - 3 yrs Service 537 111 - 1 yr. Service 49 4 Dispatchers - Desk Clerks 357 515 46 3 1.75 Hr. Of the total compensation for members of the Police Department, $20 a month shall be considered as payment for taking at least 30 hours off-duty training from the Fire Department in fire fighting techniques, for aiding in the extinguishing of fires, and for qualifying for Red Cross first aid certificates. CIVIL DEFENSE - Director - Part Time 60 FIWIEN Chief Asst. Chief Firemen I - 3 yrs Service I1 - 2 yrs Service I11 - 1 yr. Service IV - Less than 1 yr. Service Volunteers $20 per payment for such Billage Manager. 690 598 5 37 5 15 49 4 46 3 2.65 Hr. 2.25 Ea. Drill month of the compensation paid firemen shall be considered as duties'outside normal firemen's duties as may be assigned by the 228 ' .. INSPECTORS Plumbing hi lding Health Officer Sani terian REALTH 10/2/6 I $525 525 25 600 Director of Public Works and Engineering (Asst Village Manager) Engineer Assistant Engineer Instrument Man Inspec tor-Sr. Senior Draftsman Draftsman Rodman-Chainman 1050 (1) 850 650 (1) 5 80 550 550 485 455 725 660 575 500 427 Supt. - Public Works Supt. - lalater Foreman - (Str., Sewer, Parks, Water) Electrician & Electrical Inspector Office Clerk Heavy Equipment Operators 5369t Maintenance Man 420* Heavy Equipment Operators - $480 monthly for not more than the first six months' service. Light Equipment Operators - $420 monthly for not more than the first six months' service. Maintenance . men months' service; Light Equipment Operators 47 19: -Xt The following minimum rates shall be paid: - $360 monthly for not more than the first three months of employment. Mechanic Mechanic Helper Janitor Sewer-Water Ut-ility Man - $380 monthly during the fourth, fifth, and sixth (1) $25 January 1 and $25 July 1. COURT - Judge Special Judges Clerk of Court Deputy Clerk ELECTIONS Judges Chairmen PARKS AND BEXREATION Director Pool Manager (s) Asst. Pool Manager (s) Concession Manager (s) Pool Cashier (s) Bathhouse - Concession Attendant(s) Swimming Instructor (s ) Life Guard(s) Maintenance (s) Baseball Supervisor (s) Baseball Assistants (s) Hockey Coaches (s) Rink Attendants (s) Program Supervisor Playground Leaders (s) Skating,Skiing Instructors (s) Park Keeper - 111 If I (s) Seasonal LIQUOR STORES Manager Asst. Managers (2) Clerks - Regular Clerks - Part Time 536 450 385 46 5 525 290 3 20 25 per diem 1.25 Hr. 2 .OO Add1 . 775 445 400 1.75 Hr. 1.25 Hr. 1.00 Hr. 2.15 Hr. 2.05 Hr. 1.60 Hr. 400- Mo. 1.60 Hr. 1.90 Hr. 1.50 Hr. 2-00 Hr. 5.00 Hr. 500- NO. 490- Mo. 460 420 775 5 15 2.30 Hr. 1.85 Hr. 10/2/61 All work performed by other than heads of departments in excess of 40 hours per week constitutes over-time and shall be compensated by compensatory time off or cash payment on the basis of time and one half in either instance. Compensatory time shall be taken within 90 days of time earned. Compensatory time in any one calendar month shall be limited to 16 hours worked (for which the employee receives 24 hours off) and aiy over-time in excess thereof shall be paid in cash payments. The Village Manage; shall designate those classes of work which shali be compensated by compensatory time off, or cash paGent for over-time. * Motion for adoption of Resolution was seconde a, and on Rollcall there The meeting's agenda's having been covered, VanValkenburg moved for adjournment. Motion seconded by Dickson and carried. Village Clerk LJ 59 MINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, QCTOBER 9, 1961, AT THE EDINA VILLAGE .HAI;L .- . __ Meeting convened at 7:OO P.M., with Beim, Dickson, Tupa, VanValkenburg and Bredesen answering Rollcall. MINUTES of Meetings of September 25 and October 2, 1961, were approved as submitted, by motion Tupa, seconded by Dickson and carried. PUBLIC HEARINGS ON PROPOSED REZONING. of District' to 'Multiple Residence District', 'Community Store District', and 'Commercial-Bistrict'," in Edina-Morningside Courier September 28 and October 5, 1961, and of Posting of said notice on Village Bulletfn Boards; and Planning Director reported the mailing of notice to affected property owners. to this notice, Public Hearings were conducted, and action was taken as follows : TO MULTIPLE RESIDENCE DISTRICT OF "THE WESTERLY 200 FT. OF LOT 4, BLOCK 2, PEACE- DALE ACRES, (4240 VALLEY VIEW ROAD). Mr. Hite presented a site sketch, showing present multiple dwelling and double bungalow locations in relation to this Clerk presented Affidavit of Publication "Notice of Public Hearings on Proposed Rezoning from 'Open Development Pursuant I 1. PETITION OF MR. R. A. HIPPE FOR REZONING FROM OPEN DEVELOPMENT DISTRICT . proposed 4-plex planned by petitioner, also showing sketch of the building and its elevation. It is plapned to have four two-bedroom units, each containing about 1,000 square feet of floor area, with provision for a single car garage for each unit. Mr. L. M. Vogt, 4238 Valley View Road, owner of the double bungalow directly to the south of the proposed 4-plex, objected, on the grounds that this large building will devaluate his property. neighbor directly to the south also objects. of September 13th was reviewed by Council. large lot is excessively large for either a single or two-family building site, and is not sufficiently large for two duplexes'. feels that because of the size of the lot and the character of the building planned the 4-plex will improve the area rather than detract from it, moved that petition be granted. Planning Commission's recommendation. (See Ordinance No. 261-62 of later in meeting). Motion unanimously carried. 2. PROPOSED REZONING FROM OPEN DEVELOPMENT DISTRICT TO COMMUNITY STORE DISTRICT OF LOTS 3, 19, 20, 21, 22 AND 23, BLOCK 3, GRANDVIElrJ HEIGHTS ADDITION (5004 BROOKSIDE AVE. AND 5105-5121,INCL,, SUMMIT AVE.) Mr. Hite presented a sketch of the triangle bounded by Eden Avenue, Highway #169, and Brookside Avenue, showing present zoning and zoning proposed; and Planning Commission's favorable recommendation of September 13th was reviewed. Mr. W. I?. Olson, 5129 Summit Ave., told Council that he has no real objection to this plan, but feels there should be some stipulations imposed; that, because No. 5105 will be either tom down or removed, the Olsons should have a wall to their North, to contain the fill, with a privacy fence above that; that drainage should go onto Brookside Avenue and not into the Olsons' driveway; and that some correction should be made on the Olsons' access to the Highway. Mr. Hyde told Council he feels that the request for a fence cannot be attached to the request for zoning; that this latter is independent, and the fence request should be attached to building permit require- ments. Mr. Hite added that drainage will be a part Of site development requirements* He told Council his Planning Commission recommendation Petitioner Hippe told Council this Truetee Beim, stating that he Dickson seconded the motion, stating that he did so in view of the