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