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HomeMy WebLinkAbout19700406_regularMINUTES OF THE REGULAk MEETING OF THE MONDAY, APRIL 6, 1970 EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON 1 1 ? Members answering rollcall were Councilmen Courtney, Shaw, VanValkenburg and Mayor Bredesen. MINUTES of Narch 2 and 16, 1970, were approved as submitted by motion of Councilman Courtney,. seconded by Councilman Shaw and carried. PUBLIC HEARINGS CONDUCTED ON VARIOUS IMPROVEMENTS. Affidavits of Publication in the Edina Sun on March 26 and April 2 and of Nailing on March 27, 1970 were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearing was conducted and action taken as herein- after recorded. A. CONSTRUCTION OF GRADING AND GRAVELING IMPROVEBENT NO. P-C-102 IN THE FOLm? IEG : I?, 76th Street from France Avenue to Xerxes km~ue recornended by,Mr. Dunn, Councilman Shaw’s motion Continuing the hearing On Grading and Graveling Improvement P-c-102 to April 20, 1970, was seconded by CounciIman Courtney and carried. B, CONSTRUCTION OF WATEIiMALN IBIPROVENENT P-w’M-255 IN THE FOuolgING: Dundee Road from East-West Dundee to Hidden Lane Ayrshire Blvd. from Dundee Road to Mirror Lakes Drive. South Drive from Dundee Road to Mirror Lakes Drive Hjdden Lane from Dundee Road to Mirror Lakes Drive Mr. I)unn presented total estimated cost at $93,267.29, proposed to be assessed against 39 assessable lots at an estimated cost of $2,391.47 per assessable lot and noted that a petition signed by the owners of twelve propert-les had been submitted.by Dundee Road residents. Village had conducted a survey of property owners on Dundee Road from Ayrshire Blvd. to Northwood Drive, South Drive from Dundee Road to Mirror Lakes Drive, Hidden Lane from Dundee Road to Mirror Lakes Drive and Northwood Drive from Dundee Road to Mirror Lakes Drive. affected by the addition of Dundee Road from-Ayrshire Blvd. to Hidden Lane, South Drive from Dundee Road to Mirror Lakes Drive and Hidden Lane from Dundee Road to >Error Lakes Drive to the petitioned project, seven were interested in having a public hearing, seven did not want water at this time and four did not respond, The survey indicated very little intereqt for public water in Northwood Drive or on Dundee Boad North of Hidden Lane. Hidden Lane, that elimination of Hidden Lane from the project would eliminate a loop in the watermain, rdducing the quality of water. letter had been received from Mr. A. F. Thomson, 5816 Ayrshire Blvd., *requesting thaC the project be deleted on Ayrshire Blvd. from Mirror Lakes Drive ro Dundee Road since his property is the only lot involved and his well is satisfactory. Mr. Reynolds, Mr. Thomson, Mr. Robert S. Hodges, 5528 Dundee Road and Mr. Robert- son Struthers, 5525 Dundee Road all spoke in opposition to the watermain because their wells were in good condition. had requested that his opposition also be expressed. Following considerable- discussion, Councilman Courtney’s motion to abandon Watermain Improvement No, P-WM-255 was seconded by Councilman Shaw and carried, residents having been advised that the cost of future installation of the watermain would be apt to be considerably higher than the present estimate given. C. Following receipt of that petition the This survey indicated that of the eighteen property owners ElA,,Dunn advised Mr. Bradford Reynolds, 5805 Mr. Dunn noted that a Mr. Reynolds added that Mr. G. G. Giebink CONSTRUCTION OF WATERMAIN IMPROVEMENT AND STREET REPAIR P-IJM-254 IN THE FOLLOWIhG : Chantrey Road from Ayrshire Blvd. to Northwood Drive Northwood Drive from Mirror Lakes Drive to Chantrey Road Mr. Dunn presented total estimated construction cost at $43,583.78, proposed to be assessed against 20 assessable lots at an estimated cost of $2,179.19 per assessable lot, and advised that a petition had been received requesting the Village to make a survey of the cost of the improvement. Mr. James E.’Lockhard, 5300 Chantrey Road,. spoke in opposition to the improvement. ,.Mr.-?EdgairclP. Erick- son, 5205 Chantrex advised that he would favor the improvement, subject to how- ing plans of the Village to-increase the water supply so that those who hooked up would not be limited in their use. Mayor Bredesen pointed out that there is no plan to IprotTiGe 100% water, twenty-four hours a day, 365 days a year but that at some future date all residents would probably be required to hook up with Village water. A show of hands revealed nine households who did not want water, against eleven who had signed the petition. their opposition to the proposed improvement at this time, three had signed the petition originally, estimate a cost increase of approximately $1,000 within the next five years. Following considerable discussion, Councilman Shaw’s motion to abandon the pro- ject was seconded by Councilman Courtney and carried. . Of the nine who indicated Mayor Bredesen advised an unidentified man that he would Councilman Shaw suggested that: residents bring samples of their water to the Village Sanitarian for test- \ ” .’ .. 4/6/70 and that a new petition can be submitted if residents desire. D. CONSTRUCTION OF VATERMAIN IMPROVEMENT AND STREET REPAIR P-WM-253 IN THE FOLLOWING : .. Chantrey Road from Vernon Avenue to Ayrshire Blvd, Ayrshire Blvd. from Mirror Lakes Drive to Chantrey Road Mr. Dunn presented total estimated project cost at $44,888.21, proposed LO be assessed against 23 assessable lots at an estimatedcost of $1,951.66 per assess- able lot. In reply to a question of Dr. W. G. Schaefer, .5501 Chantrey Road, Mr. Dunn explained that ZbcwaszimpracpiCal to install the watermain in the boulevard. Mr. E. A. Kunkel, 5516 Chantrey Road, objected to tearing up the street surfacing as well as to the watermain installation. He expressed the opinion that some day Village wells would all go bad and the Village would have to get its water from the Mississippi River. Mrs. A. D. Strandemo, 5532 Chantrey Road, Mrs. S. K. Plasman, 5508 Chantrey Road,and Mr. Ronald Erickson, . 5533 Chantrey Road, all urged that the improvement be authorized. Mr. R. W. Becker, 5804 Ayrshire Blvd., was possible for him to connect to an existing system, but that he would not recommend it. In reply to a question of Mr. James Thorow, 5504 Chantrey Road, Mayor Bredesen said that if residents want concrete rather than blacktop street surfacing, the Village would pay 10% of the cost of the project. Following considerable discussion, Councilman Courtney's motion approving the improvement was seconded by Councilman Van Valkenburg and carried. E. CONSTRUCTION OF WATERMAIN IMPROVEMENT P-T?M-252 IN THE FOLLOWING : Nr. Dunn presented total estimated project cost at $8,922.83, proposed to be assessed against thirteen assessable lots at $686.37 per assessable lot. In reply to a question of Mr. Gordon Stuart, 4431 Garrison Lane, Mr. Dunn said that there would be no loop in the watermain but that a hydrant would be installed so that the watermain could be flushed out. No further comments were heard. F. CONSTRUCTION OF PERMANENT STPaET SURFACING AND CONCRETE CURB'AND GUTTER IN Wooddale Avenue from Valley View Road to Garrison Lane Garrison Lane from Wooddale Avenue East to cul-de-sac Mr. Dunn presented total project cost of P-BA-164 at $35,379.39, proposed to be assessed against 1,924.83 assessable feat at an estimated cost 0&,$18.38 per assessable foot, a petition* for which had been submitted. Palen, 4440 Garrison Lane, was assured that this was the total cost of the improvement as estimated. motion authorizing the improvement was seconded by Councilman Courtney snd carried. (See Resolution Ordering Improvement later in Minutes.) - G. CONSTRUCTION OF IJATEIWUN IMPROVEMENT P-NM-256 IN THE FOLLOWING : ? 1 I (See Resolution Ordering Improvement later in Minutes.) Garrison Lane from Wooddale Avenue East to cul-de-sac (See Resolution Ordering Improvement later in Minutes.) THE FOLLOWING: (P-BA-164) Mr. Rikhard G. No objections being heard, Councilman VanValkenburg's Valley View Road from Hansen Road Fv'esterly to 100' ,+Easterly of Hillside Road Mr. Dunn presented total estimated punstrtxtioh cost at $27,069.50. Esti- mated cost for 12?' D.I.P. oversizing is to be paid by the Water Department. Total amount estimated to be assessed was given at $25,614.22, proposed to be assessed against fifteen estimated connections at an estimated cost of $1,707.61 per connection. Mr. Herbert Schroeder, 6316 Valley View Road, spoke in favor of the project. that the mai~ would be looped. Councilman Courtney's motion authorizing the improvement was seconded by Councilman Shaw and carried. Minutes .) An unidentified gentleman iri the audience was told No further 'discussion ensued, whereupon (See Resolution Ordering Improvement8 1.at'er in H. CONSTRUCTION OF UNDERGROUND UTILITY SERVICE IMPROVEMENT NO. P-vu-I, IN THE FOLLOWING : Southwest Quadrant of Wesf 50th Street and France Avenue (South of 50th Street, West of France Avenue, North of 51st Street and East of Halifax Ave.) Mr. Dunn presented total estimated project cost at $15,607.93, pfoepsed to be assessed against 205,813.9 square feet at an estimated cost of $0.076 per assessable square foot. Valkenburg's motion was seconded by Councilman Shaw authorizing the improvement and carried. No objections were heard, whereupon Councilman Van (See Resolution Ordering Improvement later in Minutes.) I. CONSTRUCTION OF ORNAMENTAL STREET LIGHTING IN THE FOLLOWING: L-g Metro Blvd. from Highway #lo0 to Edina Industrial Blvd. Edina Industrial Blvd. from Highway #lo0 to W. 78th St. Bush Lake Rd. from Edina Industrial Blvd. north to cul-de-sac Ohms Lane from W. 74th St. north to cul-de-sac West 73rd Street from Ohms Lane west to cul-de-sac West 74th Street from Metro Blvd. to Bush Lake Road West 76th Street from Metro Blvd. to Bush Lake Road West 70th Street from Minneapolis, Northfield and Southern Railroad west Dewey Hill Road from Bush Lake Road to Cebilia,Circle West 78th Street from Bush Lake Road to Cei5lfa.:Circld Amundson Avenue from West 70th Street to Cahill Road to Cahill Road 4/6/70 ' Mr. Dunn presented total estimated project cost at $125,254.08, proposed to be assessed against 38,124.79 feet at an estimated cost of $3.29 per assessable foot. Bernardi is the owner of over 50% of the property in question ahd that he is in favor of. the improvement. Company, said that he spoke for property owners west of the railroad tracks who opposed the improvement in that area. area, Rudy Brom, Mr. Ilalel Tracy, lir. Floyd'L. Russell, representatives of Gabberts and of a. 8. Danens and Son, Messrs. James Green, Foster Green, Dale Green and Wilson representing Sic0 Corporation. Mr. Rutledge said that he had been authorized also to speak for Mr. Frank Cardarelle and Mr. Orville Madson- as well as Inland Construction Company and Roy H. Peterson who are also opposed to the improyement. A representative of Northern States Power Company said that the improvement as proposed was best in that ,it provided more adequate light for the area but that the project could be done either way. Following some discussion, Councilman Courtney's motion was seconded by Councilman Van Valkenburg and carried, authorizing the improvement east of the Minneapolis Northfield & Southern Railroad Tracks but deleting, the area Nest of the tracks, (See Resolution Ordering Improvement later in Minutes.) Cahill Road from West 70th Street to Nest 78th Street Cecilia Circle from West 78th Street s-outh to South Village Limits Mr. Keith Young of Northern States Power Company said that Mr. Antonio Mr. Robert Rutledge, owner of the Hilldale Lumber He introduced property owners in the { J. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOTJIKG : Peacedale Avenue from West 62nd Street to North Frontage Road of Crosstown Highway Mr. Dqnn presented total estimated project cost at $25,644.12, proposed to be assessed against 2,208.52 assessable feet at an estimated cost of $11.61 per assessable foot. In response to a question of an unidentified gentleman in the audience, Mr. Dunn stated that he would not anticipate any problems which would lead to construction of a storm sewer in the area. cost of the first seal coat was included in the estimate and that after that seal coating cost was paid from general funds. properties were assessed for only oneLthird of their side footage. discussion was heard, whereupon Councilman Shawls motion authorizing the improvement was seconded by Councilman Courtney and carried. Ordering Improvement laterZin Minutes.) ',jCbJ z > He explained that the He also explained that corner No further (See Resolution , d$v''' K. CONSTRUCTION OF PEREiANENT STREET SURFACE AND CONCRETE CURB AM, GUTTER IN Porter Lane from Code Avenue to Birchcrest Lane "p "%i THE FOLLOWING: \3 Mr. Dunn presented total estimated project cost at $7;162.04, proposed to be assessed against four lots at an estimated cost of $1,790.51 per assessable lot, and noted that a petition, signed by owners of four properties, had been submitted Mr. John Kressel, 6017 Code Avenue, said that residents wished to withdraw the petition in-view of the high cost per lot. street had not been paved at the SBme time as neighboring streets was because it had been planned to install a storm sewer to drainsthe area to the East. Kressel said that .if they would be assessed for one-third of the long side and not the full cost, as had been proposed at the t'ime other streets in the area were improved, they would favor the proposed improvement. Mr. John M., Nash, 6101 Code Avenue and Mr. E. F. Kelly, 6300 Birchcrest Drive, were also in attendance and expressed agreement with Mr. Krqssel's statements, Following some discussion, Councilman Courtney's motion that r;heii-@rovemgnt; ascprbpoked, betaeniedlwds seconded by Councilman Shaw and carried. Councilman Courtney then moved that the Engineering Department submit a new plan for paying for the pro- ject and that a new hearing be held. 3 and carried. He recalled that the reason this Elr. Motion was seconded by Councilman Shaw '& L. CONSTRUCTION OF PERMANENT STREET SURFACING OR PERMANENT ST~EET SURFACING AND CONCRETE CURB ANI) GUTTER IN THE FOLLOWING: Code Avenue from Grove Street to Benton Avenue Grove Street from South Code Avenue to 1/2 Block West of North Code AGenue Mr. Dunn advised that, although the petition submitted had been for permanent street surfacing only, estimates had been prepared also for the improvement to include concrete curb and gugter. with concrete curb and gutter total estimated pro:jbct cost was given at II $28,826.14, proposed to be assessed at $21.42 per assessable foot. Cost of thirty foot permanent street surfacing only was gst5mated at $20,854.32, pro- posed to be assessed at $15.50 per assessable foot. Mr. Dunn noted that there is no particular reason why the project could not be constructed without curb and gutter. Mr. H. 0. Wintermute, 5121 Grove Street, was told that he would be assessed only for 1/3 of his footage. expressed opposition to the project, stating that he has 108 feet and that the cost would be too high. Mrs. C. J. Melander, 5804 Code Avenue, was told that concrete surfacing would be approximately 20% higher than blacktop surfacing. Mr. James A. eo-en, 5205 Grove Street, said that he speaks for most of the pro- perty owners who favor installation of the improvement with curb and gutter. Thirty foot permanent street surfacing Mr. Rodney Olson, 5816 Code Avenue; 4/6/70 I s Mrs. Robert A. Chapfield, 5201 Grove Street, spoke in favor of the improvement ( with concrete curb and gutter. Azl unidentified gentleman in the audience was told by Mayor Bredesen that it is a matter of negotiation whether or not outstanding special assessments are paid by the seller. In reply to a question as to how much monthly payments on the assessment would be, property owners were told that Mr. Dalen would give them that information if they called during the week, ing the permanent street surfacing with concrete curb and gutter which will be assessed over a ten year perio4was seconded by Councilman Courtney and carried. (See Resolution Ordering Improvement later in Minutes.) No further discussion being heard, Councilman Shaw.'s motion approv- M. CONSTRUCTION OR STORM SEWER P-ST.S.-123 AND APPURTENANCES IN TH3 FOLLOWING: Valley View Road from Comanche Court to 800' South Mr. Dunn presented total estimated project cost at $25,255.91, proposed to be assessed against 343.367 square feet at an estimated cost of $0.0736 per assessable square foot. In reply to a question of Mr. Richard Egan, 7017 Com- anche Court, Mr. Dunn explained how the storm sewer assessment district was determined and how "extra benefitg' was determined. Mr. Thomas I?. Harberts, 7128 Valley View Road, was told that there would be no curb and gutter as a part of this project . +-~-Jlr:'~Dtmn aaded-That ' it%s anticipated that special benefits will be assessed against properties fronting on Valley View Road, because construction of the storm sewer will eliminate the present open ditch. Assessment of such special benefits will reduce the estimated general rate of assessment somewhat. curb, would cost an estimated 25c or 30c per foot. heard, Councilman Courtney offered the following resolution and moved its adopt ion : Mr. Dunn also advised that the asphalt'lip, in lieu of No further discussion being RESOLUTION ORDERING IBIPROVEMENTS WATERMAIN IMPROVEMENTS 252, 253, AND 256 PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER NOS. BA-164, BA-165, BA-167 STORM SEWER NO. 123, UNDERGROUND UTILITIES NO. 1 UNDERGROUND STREET LIGHTING L-8 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvements : 1'. CONSTRUCTION OF WATERMAIN IN THE FOLLOWING: Chantrey Road Erom Vernon Avenue to Ayrshire Blvd. Aryshire,Blvd. from,Mirror Lakes Drive.to Chantrey Road Garrison Lane from Wooddale Avenue East to cul-de.-sac THE FOLLOWING : Wooddale Avenue from Valley View Road to Garrison Lane Garrison Lane from Wooddale Avenue East to cul-de-sac ' CONSTRUCTION OF WATERMAIN I)ND APPURTENANCES IN THE FOLLOWING: Valley View Road from Hansen' Road Westedy to 100' 2 Easterly of-Hillside Road Southwest Quadrant of West 50th Street and France Avenue (South of 50th Street, West of France Avenue, North of 51st Street and East of Halifax Ave.) Sletro Blvd. from Highway #lo0 'to Edina Industrial Blvd. Edina Industrial Blvd. from Highway #lo0 to W. 78th Street Bush Lake Road from Edina Industrial Blvd. north to cul-de-sac Ohms Lane from W. 74th Street north'to cul-de-sac West 74th Street fromMetro Blird. to Bush Lake Road West 76th Street from Metro Blvd. to Bush Lake Road West 70th Street from Minneapolis, Northfield and Southern Railroad Dewey Hill Road from Bush Lake Road to Cecilia Circle West 78th Street from Bush Lake Road to Cecilia Circle Amundson Avenue from West 70th Street to Cahill Road CahiTILl;load from West 70th Street to West 78th Street Cecilia Circle from Nest 78th Street south to South Village Limits CONSTRUCTION OF PERMANENT STREET- SUkFACING AND CONCRETE CURB AND GUTTER IN Peacedale Avenue from W. 62hd Street to North Frontage Road of Crosstown Highway 8. CONSTRUCTION OF PERMANENT STREET SURFACING OR PERMANENT STREET SURFACING AND CONCRETE CURB ANI) GUTTER IN THE FOLLOWING: Code Avenue from Grove Street to Benton Avenue Grove Street from South Code Avenue to 1/2 Block West of North Code Avenue 2. CONSTRUCTION OF WATERMAIN AND APPURTENANCES IN THE FOLLOWING: 3. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN 4. 5. CONSTRUCTION OF UNDERGROUND UTILITY 'SERVICE DIPROVEMENT IN THE FOLLOWING: 6. CONSTRUCTION OF ORNAMENTAL STREET LIGHTING IN THE FOLLOWING: , , West 73rd Street from Ohms Lane west to cul-de-sac West to Cahill Road ' 7. . THE FOLLOWING: . 4/6/70 9. CONSTRUCTION OF STORM SEVER AND APPURTENANCES IN THE \ and at the hearing held at the time and place specified- Valley View Road from Comanche.Court to 800'_South FOLLOWING : n said nohce, the - .. Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements as described in the published notices of said hearings except that with respect to Street Improvement No. BA-167, the improvement shall be constructed with concrete curb and gutter respect to Ornamental Street Lighting No. L-8, hhe area west of the Minneapolis, Northfield and Southern Railroad .tracts was eliminated from the project, so that the only area to be benefited is as follows: Metro Blvd. from Highway #lo0 to Edina Industrial Blvd. Edina Industrial Blvd. from Highway #lo0 to West 78th Street Bush Lake Road from Edina Industrial Blvd, north to cul-de-sac Ohms Lane from West 74th Street north to cul-de-sac West 74ty Street from Metro Blvd. to Bush Lake Road West 76th Street from Metro Blvd. to Bush Lake Road Dewey Hill Road from Bush Lake Road to Minneapolis, Northfield & Southern West 78th Street from Bush Lake Road to Minneapolis, Northf2eld & Southern and with West 73rd Street from Ohms Lane west to cul-de-sac Rai 1 ro ad Rai Xroad including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that.said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: No. 1 Above WATERMAIN NO. 253 No. 2 Above WATEWIN NO. 252 No. 3 Above STREET IMPROVEMENT NO. BA-164 No. 4 Above WATERMAIN NO. 256 No; 5 Above UNDERGROUND UTILITIES NO. UU-1 No. 6 Above ORN&ENTAL STREET LIGHTING NO. L-8 . No. 7 Above STREET IMPROVEMENT NO. BA-d65 No. 8 Above STREET IMPROVEMENT NO. BA-167 and the area to be specially assessed for each of the above improvements shall include : for Watermain No. 253 above, Lots 23, 24 and 25, Rosendahl's Edina Highlands; Lots 1 thru 20 incl., Smilden's Addition to Edina Highlands; Ehe area proposed to be assessed for Watermain No. 252 above shall include Parcels 117410 , 118200 , 8839 1 , 118397 , i18408, a8405 , 98420 , 118432, #8439 a f18444, #8461, 118476 and #7800, Sec. 30, T. 28, R. 24; the area proposed to be assessed for Street Improvement No. BA-164 shall include Lots 1 and 2, Block 1, Millers Addition; Parcels #759, #770 and #1700, Sec. 19, T. 28, R. 24; Parcels 81218, #1220 , #I7410 , fl8200, #839 1 , * /I8397 , a8405 , ' #8408 , 88420, 88432 , #8439 , 88444, 118461, 118476 and #7800, Sec. 30, T. 28, R. 24; the area proposed to be assessed for Watermain No. 256 above shall include Lots 6 thru 9 incl., Block 2, Lots 10 and 11, Block 5, Valley View Heights; Tracts A and B, R.L.S. No. 519; the area proposed to be assessed for Uqderground Utilities No, UU-1 shal'l include all lots and tracts of land within the following described boundaries: Beginning at the Northeast corner of Igt 47, Auditor's Subdivision No. 172; thence South, along the East lines of Lots 47, 45 and 49, Auditor's Subdivision No. 172, to a point twenty-six and eighty-four hundredths feet (26.84') North-of the Southeast corner of said Lot 49; thence Westerly, at a deflection angle to the right of 90°03', a distance of sixty-nine and eighty-four hundredths feet (69.84') to a point of curve to the right, which curve has a radius of seventy feet (70') and a central angle of 43 43'44"; thence Norihwesterly, along said curve to the right, a distance of fifty-three I and forty-two hundredths feet (53.42')--; thence Northwesterly, tangent to the last described curve, a distance of two-hundred and one feet (201') to a point of curve to the left, which curve has a radius of one hundred eighty feet (180') and a central angle of 36OO6'24''; thence Northwesterly, along said curve to the left , a distance of one hundred thirteen and forty-three hundredths feet (113.43') ; thence Northwesterly, tangent to the last described curve, a distance of one hundred sixty-eight and sixty-sevpn hundredths feet (168.67') to a point 'of curve to the right, which curve has a radius of seventy feet (70') and a central angle of 82°19'10''; thence Northwesterly, along said curve to the right, a distance of one hundred and fifty-seven hundredths feet (100.57') ; thence Northerly, tangent to the last described curve, a distance of one hundred thirty-eight and two hundredths feet (138.02') to a point of curve to the ieft, which curve has a radius of three hundred fifty-three and thirty-three hundredths feet (353.33') and a central angle of 13'12'58"; thence Northwesterly, along said curve to the left, a distance of eighty-one and five tenths feet (81.5') to a point in the West line of Lot 42, Auditor's Subdivision No. 172, which point is seventy-six and eleven hundredths feet (76.11') South of the Northwest corner of said Lot 42; thence Northerly to said Northwest comer of Lot 42; thence Easterly along the North lines of No. 9 Above STORM SEWER ~~PROVEMENT 123 ' - .. 4/6/70 Lots 42, 43, 44, 45 and 47, Auditor's Subdivision No. 172. to the Northeast corner of said Lot 47, which is the point of beginning; the. area proposed to be assessed for Ornamental Street Lighting L-8 above includes Lots 1 thru 7, Block 1, Lots 1 thru 5, Block 2, Lots 1 thru 11, Block 3, Lots 1 thru 13, Block 5, Lots 1 thru 7,-Bloclc 6, Lots 1 thru 14, Block 7, Lots 1 thru 10, Block 8, all in Edina Interchange Center; Lot 3, Block 1, Edina Interchange Center 2nd Addition; Lots 1, 2 and 4, Block 1, Edina Inter- change Center 2nd Addition First Replat; Lots lthru 14, inclusive and Lots 16 thru 22, inclusive, Block 1, Edina Interchange Center, 3rd Addition; the area proposed to be assessed for Street' Improvement BA-165 includes Lots 1, 4,6 and 7, Block 2, and Lot 15, Block 1, in Peacedale Acres; Lot 1, Block 1, Woodhull Addition; Lots 1 thru 6 incl., Block 1, Nelson & Woodhull's 2nd Addition, Lots 3 thru '7 'incl. , Block 1, McCleLlan's Peacedale Acres Replat; Lots 8 thru 13, incl., Block 1, Peacedale Acres, Trafzer Replat; Lots 4, 5 and 6, Block 1, Peacedale Acres, Hoppe Replat; to be assessed for the cost of Street Improvement BA-167 includes Lots 6 and 7, Block 1, and Lots 6 and 7, Block 2, all in Edina Heights Addition; Lots 3, 4 and 5, &lock I, Codes Highview Park; Lots 1, 2, 3 and 5, Block 1, Code . Avenue Addition; Lots 4 and 5, Block 2, Melody Iholls 2nd Addition, Lot 7, Block 2, Melody Knolls 3rd Addition; Lot 1, Block 1, Replat of Lot 6 and South 1/2 of Lot 5, Block 1, Codes Highview Park; Parcels {I2873 and #2520, Sec. 33, T. 117, R. 21; the area proposed to be assessed for Storm Sewer No. ST.S.-123 includes a11 lots and tracts of land within the following described boundaries: Beginning at the Southwest comer of Lot 7, Block 1, Sioux Trail 3rd Addition; thence Northeasterly to the Northeast corner of said Lot 7; thence Northerly along the East line of Lot 6, Block 1, Sioux Trail 3rd Addition to a point twenty-five feet (25') South of the Northeast corner of said Lot 6; thence Northeasterly to a point in the North line of Lot 5, Block 1, Iroquois Hills 3rd Addition, which point is distant fifty-five feet (55') from the Northeast comer of said Lot 5; thence Northeasterly to a point in the East line of Lot 6, Block 1,' Iroquois Hills 3rd Additipn, which point is eighty feet (80') North'of the Southeast corner of said Lot 6; thence Iroquois Hills 3rd Addition, which point is sixty-five feet (65') Northeasterly of the most Westerly corner of said Lot 13; thence Southeasterly to a point i'n the East line of said Lot 13, which point is forty feet (40') North of the Southeast comer of said Lot 13; thence Easterly to a point in Lot-1, Block 1,Muir Woods, which point is two hundred ten feet (210')'East of the West line and three hundred twenty feet (320 '). South of. the North line' of said Lot 1; thence Northeasterly to a point two hundred ninety feet (290') East of the West line and two hundred eighty feet (280') South of the North line; thence Southwesterly to a point in the Northwesterly line of Lot 3, Block 1, Nuir Woods, which point is eighty feet (80') Northeasterly from the most Westerly corner of said Lot 3; thence Southwesterly, along the North- westerly line of said Lot 3 and its extension, a distance of one hundred ten feet' (110'); thence Southeasterly to a point in the South line of Lot 4, Block 1, Muir Woods, which point is sixty-five feet (65') Southeasterly from the Southwest comer of said Lot 4; thence Southerly to a point'in the South line of Lot 5, Block 1, MuirlWoods, which point is sixty feet (60') East of the Southwest comer of said-Lot 5; thence Southerly along an exten- sion of the previously described line to the South line of Outlot 1, Muir Woods; thence Northwesterly along the Westerly line of said Outlot 1 to the Northwest corner of said Outlot 1; thence Westerly t0.a point in the South line of Outlot 2, Iroquois Hills 4th Addition, which point is twenty- feet (20') West of the Southeast comer of said Outlot 2; thence Northwesterly to a point in the North line ofq said Outlot 2, which point is forty feet (40') West of the Northeast corner of said Outlot 2; thence Northerly and Westerly; parallel to and fbrty feet (40') Westerly and Southerly of she Westerly and Southerly line of Valley View Road to the West line of Lot 1, Block 1, Iroquois Hills 4th Addition; thence North to the Northwest corner of said Lot 1; thence Northwesterly to the Southwest corner of Lot 7, Block 1, Motion for adoption of the resolution was and on rollcall there were four ayes and adopted. the area proposed . Southeasterly to a point in the Northwesterly line of Lot 13, Block 1, ded by Councilman VanValkenburg s and the resolution was COMPREHENSIVE AUTOMOTIVE EQUIPMENT INSURANCE BID AJJAIU)ED. Mr. Dalen recalled that bids for comprehensive automotive equipment insurance had been rejected by Council on February 16, 1970 and that new bids were taken on March 25, 1970. Threee bids were received in response to Advertisement for Bids in the Edina Sun on March 5, 1970, as follows: Brandow, Howard & Kohler, Inc. , low bidder 4/6/70 at $765.00 for $100.00 Deductible, Traff & Associates, $2,500.00 for $25.00 Deductible and Eqployers Insurance of Wausau $1,157,00 for $25.00 deductible. Councilman VanValkenburg's motion awarding to.low Bidder Brandow, Howard & Kohler, Inc., for three years was then seconded by Councilman Courtney and carried. WATER SUPPLY WEU ?"I7 NEGOTIATIONS AUTHORIZED, Mr. 'Dunn recalled that a11 bidders for Vel1 #17 on February 13, 1970, took exception to the specifications, and that no bids were received for the rebid of March 26. cussion, Councilman VanValkenburg's motion authorizing hego~i~~~ons.and-dir- ecting that results of the negotiations be brought back to Council for approval was seconded by Councilman Courtney and carried. Following some dis- WATER TANK BID P;NARDED. llr. Dunn presented tabulation of bids for construction of one million gallon single pedestal spheroid elevated water tank to be constructed on the Southeast corner of County Road 62 and Gleason Road. Tabula- tion of two bids received in response to Advertisement for Bids in the Edina Sun on Narch 12 and in the Construction Bulletin on March 12, 19 and 26, 1970, showed Chicago Bridge & Iron Company low bidder at $356,475.00, Pittsburgh- Des Moines Steel Company bid at $364,800.00 against Engineer's estimate of $385,000,00. Company as recommended was seconded by Councilman Courtney and carried. STREET STRIPING NACHINE BID AWARDED. received on April 1, 1970 showing Hall Equipment Company B5d at'$10,278.24 and Zeco Company bid at $9,946.50. Councilman VanValkenburg's motion awarding bid to recommended low bidder, Zeco Company at a net cost of $9,946.50 was seconded by Councilman Courtney and carried. .- Councilman Shaw's motibn. awarding bid to Chicago Bridge & Iron Mr. hnn presented tabulation of bids DUMP TRUCKS BID AI?ARDED. Mr. Dunn advised Council that International Harvester Company was the only company which submitted bids for two dump trucks .and 'recommended award for the 72 inch cab-axle with Dunn Body and Daybrook Hoist at $6,520,00 and the 82 Znch cab-axle at $6,588.00. He noted that these bids are approximately $500 more than that paid in 1969 for corq3arable trucks when International Harvester was the low bidder of three. motion awarding bid for both dump trucks was seconded by Councilman Shaw and. carried. Councilman VanValkenburg's STREET SWEEPER BIDS CONTINUED. Mr. Dunn presented tabulation of bids 'sub- mitted in response to advertisement for bids in the Edina Sun on March 12 and in the Construction Bulletin on March 12 and 19, 1970. Mr. Dunn recom- mended award to MacQueen Equipment Company for the Elgin Pelican at a net cost of $14,233.00, advising that the Elgin Pelican is intended for a specific purpose in Edina's seal coating operation for which the conventional sweeper is not particularly suited. He added that the l?ayne Model 1-984 as bid does not meet specifications and would require modifications or additional equipment costing approximately'$767.00, thereby lowering the actual difference in the two bids- to $2,976.00. Mr. Dennis Brown, representing Hall Equipment Company, asked if there are any municipalities or contractors in the seal coating business presently using the Elgin Pelican for this particular purpose and also que'stioned the comparative size of the two machines. of NacQueen Equipment Company replied that there are several b&apkEcp companies using the Elgin Pelican. Mr. hnn noted that the'comparison between the two machines should be based on the efficiency in use by the Village. Following some discussion, Councilman VanValkenburg's motion to continue the matter to the next meeting for a further clarification in the difference in price was seconded by Councilman Shaw and carried, A representative ! TACO TOWNE SOUTHDALE ON-SALE BEER LICENSE APPROVED. the Police Department and Health Department had approved the application of Taco Towne Southdale for an On-sale Beer License, Councilman Shaw's motion Upon being advjsed bbat -granting the license was seconded by Councilman Courtney and carried. COUNTY ROAD 18 FRO11 T.H, 494 TO CROSSTOWN HIGIIlJAY PUBLIC HEARING TO BE HELD, Mr. Dunn advised Council that a public hearing would be held at the Eden Prairie High School on April 33, 1970 on the corridor study for County Road 18 from T.H. 494 to the Crosstown Highway (Highway 41, 169 and 212 Corridor Proposal). He added that Edina's only interest is the fact that the recom- mended routing would bring T.H. 169 along County Road 18 from 494 to the Crosstown Highway. OILING PETLTION.for W. 59th Street between Booddale Avenue and Oaklawn Avenue was submitted and ordered referred to the Engineering Department for processing. Mr. Dunn said that he wobld attend the meeting. 4 4/6/70 SUSAN NELSON LETTER REGARDING SIGN ON VILLAGE PROPERTY NOTED. noted receipt of a letter from Susan Nelson, 5533 Park Place, urging the Council to permit placement of a sign bearing the peace symbol 5n front of the Village Hall. Councilman Courtney commented that ak a meeting held before Christmas, Council had indicated that religious signs would not be put up out- side of the Village Hall. No action was taken. Mayor Bredesen LOT 1, BLOCK 1, MC PHERSON ADDITION DIVISION CORRECTED AS TO LEGAL DESCRIPTION. Upon being advised'by the Village Clerk that an error had been made in the legal description when Lot 1, Block 1, McPherson Addition, division had been approved on November 17, 1969,.Councilman Courtney offered the following reso- lution and moved its adoption: RE SOLUTION WHEREAS, Mathew McPherson and Bonnie M. McPherson. husband and wife are owners of a certain parcel of land in the Village of Edina described as follows: The East 65' of Lot 1, Block 1, McPherson Addition; and WHEREAS, said owners have requested approval of the Village of Edina of the conveyance and ownership of the above described land as a separate parcel; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hardship and said.tract of land as a separate Earcel does not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; NOW, THEREFORE, it is hereby resolved by the Village Council ofathe Village of Edina that the conveyance and ownership of the above described tract: of land as a separate parcel is hereby approved and the requirements and provisions of Ordinance Nos. 263. and. 263-A are hereby waived as to said division and conveyance, subject, however, to the provision that no further subdivision be made of the above described tract of land unless made in compliance with the pertinent ord+nances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinanies. AND BE IT FURTHER RESOLVED that the resolution adopted by the Edina Village Council on November 17, 1969, approving the division of Lot 1, Block 1, McPherson Addition, be and is hereby rescinded. .. adopted . ATTEST : TRACT B, R.L.S. NO. 1286 DIVISION RESOLUTION CORRECTED. Upon being advised that the attorney for the owners of the double bungalow at 5604-06 Blake Road had requested that Council adopt a new resolution approving division of the property which would more accurately reflect the actual situation- with respect to the conveyance which has already been made, Councilman VanValkenburg offered the following resolution and moved its adoption: RE SOLUTION WHEREAS, Harry M. Schoening and Louise B. Schoening, husband and wife, prior hereto were the record owners of all of the land situated in the Village of Edina, described as follows': TRACT B, REGISTERED LAM) SURVEY NO. 1286, Files of the Registrar of Titles, Hennepin 'County, Minnesota; and WHEREAS, said Harry M. Schoening and Louise B. Schoening have heretofore executed and delivered a deed in favor of' Odd E. Moe and Ruth M. Moe, husband and wife conveying the following described portion of the above described land: FILES That part of Tract B, REGISTERED LAND SURVEY NO. 1286, OF THE REGISTRAR OF TITLES, COUNTY OF HENNEPIN lying Southeasterly of a line running.from a point in the Southwesterly line o,f said Tract B, distant 69.72 feet Northerly of the most Southerly cornek of said Tract B to a point in the East line of said Tract B distant 100.18 feet South of the most Northerly corner' of said Tract B; Subject to the burden of and together with the benefit of that certain easement.for driveway purposes as the same presently exists and is in use over the following described property: TRACT B, Registered Land Survey No. 1286, Files of the 'Reg- istrar of Titles, County of Hennepin Said driveway easement .consists of two access points on Blake Road as the same abuts the above described tract of land, and which said easement shall run with the land. WEREAS, said Harry M. Schoening, Louise B..Schoening, Odd E. Moe and Ruth M. Moe have requested the approval of the*Village of Edina of the conveyance arid 4/6/70 . I ownership of the seoond above described land as a separate parcel pursuant to Ordinance No. 263-A-3; and WHEREAS,*it has been determined that compliance with the Subdivision and‘Zoning Regulations of the Village of Edina wil-1 create an unnecessary hardship and said tract of land as a separate parcel does not interfere with the purpose of the Subdivision and Zoning Regulations as contained innthe Village of Edina Ordinance Numbers 261 and 263-A; NOW, THEREFORE, it is hereby resolved by the Village Council of the Viliage of Edina that the conveyance and ownership of the second above described tract of land as a separate parcel is hereby approved and the requirements and provisions of Ordinance Nos. 261 and 263-A are hereby waived as to said division and conveyance to the extent permitted under Ordinance No. 263-A-3 and Ordinance No. 261-196 and subject to the existing ordinance limitations - upon such waiver, including the limitations-set out in Ordinance No. 261-196, and also subject to the provision that no further subdivision be made of the above described tract of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the pripr approval of this Council as may be provided for by these ordinances; AM, BE IT FURTHER RESOLVED THAT THE resolution adopted March 16, 1970 by the * Edina Village Council approving said Motion for adoption of the resolution and on rollcall there were four ayes Mayor adopted. ATTEST : Village Clerk IEAEIhG,DATE SET FOR U.S. IIETRO CONSTRUCTION COMPANY REQUESTS. As recommended by Mr. Hoisington, Councilman Shaw‘s motion setting May 4, 1970, as hearing date for the following was seconded by Councilman Courtney and carried: ’ 1) Office District &didam& Amendment 2) Rezoning Part of Lot 12, Block 1, Edina Interchange 3rd 3) Division of Lot 12, Block 1, Edina Interchange 3rd Addition Addition from Planned Industrial District to Office District 0-1 EDINA COMNUNITY LUTHERAN CHURCH GIFT RECEIVED. Upon 5eing advised by Mayor Bredesen that Edina Community Lutheran Church had sent a check of $100 as an:&tpression of gratitude to the Village, Councilman VanValkenburg offered the following resolution and moved its adoption: WHEREAS, ‘the Edina Community Lutheran Church has expressed its gratitude to the Village of Edina‘for fire and police protection and other benefits to it as a congregation; and VEIEREAS, for the second year the Edina Community Lutheran Church has sent a check to the Village of Edina as an,expression of that gratitude; NOIJ, THEREFORE, BE IT RESOLVED that the Edina Village Council express its most sincere thanks to the members of the Edina Community Lutheran Church and to Pastor Amid D. Dixen for this most generous gift which has been made in appreciation of services performed by Motion for adoption of the resolution was carried. ATTEST : RESOLUTION OF APPRECIATION Village Clerk NORTHERN STATES‘ POWER CONTRACT UPDATIhY; APPROVED. Mr . Dunn presented a list of delivery points for the Municipal Water Pumping Contract between Northern States Power Company and the Village of Edina, dated November 27, 1964, not- ing that this list supersedes an earlier list dated May 17, 1965. As recom- mended by Mr. Dunn, Councilman Shaw’s motion approving this updating of service locations was seconded by Councilman Courtney and carried. WMAN RIGHTS IJEEK DESIGNATED FOR OCTOBER 12, 1970. Human Rights Commission, Councilman Courtney offered the following resolu- ’ tion setting the iJee1c”bf October 12, 1970, as Human Rights Week and moved its adopt ion : As recommended by the RESOLUTION BE IT RESOLVED by the Edina Village Council that the week of October 12, 1970, be and is hereby designated Human Rights Week in the Village of Edina. Notion for adoption‘of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. ATTEST : ,gL-& f& ** Mayo r Village Clerk 4/6/70 SANITARY SEWER APPROVAL BY MINNESOTA POLLUTION CONTROL AGENCY NOTED. Dunn advised Council that, with the receipt of approval by the Minnesota Pollution o&,'Sanitdq$Sewgr 3nprovement No. 284, all Edina sanitary sewers had been approved. No actiop was taken. GAULKE AND FUXSCHBEIN PROPERTY SALE APPROVED. Mr. Dalen recalled that in 1969 the Village acquired the Fleischbein property at 5029 Halifax Avenue and the Gaulke property .at 5048 France Avenue for $30,500 and $19;500 respectively. The Fleischbein property contained 13,200 square feet and aas purchased for $2.31 per square,foot, whereas the Gualke property contained 19,767 square feet and was purchased for $0.99 per square foot. Now, a part of each of these properties is proposed to be sold to Messrs. Gisselbeck and Schneider who intend to build a 44 unit apartment building just south of the new ring road and just east of Halifax,Avenue, and variances were g.ranted in 1968 included those parcels which *he Village now wishes to sell. Following some discussion, CBuncilman Courtney's motion was sec nd d y Councilman VanValkenburg and carried, authori@gF ;!le ;ff7&0gf s ua e E 09 /de Eauk property at $1.00 per square foot ($7,004.00) and/ e F %c" bem .property at $2.31 per square foot ($3,111;57. Mr. The land for which zoning Total soZBing .cost would be ' $12,138.68, including attorneys' fees, etc. of $2,023.11. METROPOLITAN COUNCIL STUDY DISCUSSEL FOR T.H. 494. Mr. Dunn recalled that in August the Villageshad authorized a Metropolitan Council study of T.H. 494 from 35W to County Road 18. He noted that the Metropolitan Council is unable to make a study at this time and that they want to hire an economic research organization to make, an economic study. Mr. Dunn noted that the Village will be asked at some future date to participate in the cost of a traffic study. No action was requested and no action was taken. HEARING DATE SET FOR INDIAN HILLS STREET IMPROVEMENT, COUNTRY CLUB' STREET IMPROVEMENT AND T.H. '100 SERVICE ROAD SANITARY SEWER for May 4, 1970, by motion of Councilman 'Courtney, seconded by Councilman Shaw and carried. I PERSONNEL ORDINANCE NO. 12A 'GRANTED FIRST READING; Mr. West presented Personnel Ordsnance NO. 12A for Birst Reading, noting that revisions had been made as discussed at 'Council meeting of March 16, 1970. some discussion, Councilman Shaw offered Ordinance No. 12A for-First Reading as follows': Following ORDINANCE NO. 12A AN ORDINANCE ESTABLISHING A BASIC PERSONNEL POLICY I Section 1. Purpose of Ordinance. The purpose of this ordinance is to establish a uniform and equitable system of municipal personnel administra- tion for all employees of the Village based upon the merit principle of selection, promotion and retention of employees without regard to race, creed, religion or place of national origin. I -Set. 2, Positions Covered by the Ordinance. All offices and positions in the municipal employ, now existing or hereafter created; shall'be subject to the provisions of this ordinance, except that the following offices and positions shall be wholly exempt from the provisions of this ordinance: (a) (b) (c) Village Manager. (d) Village Attorneys. Sec. 3. Officials elected by the people. Members of appointed Boards and Commissions. , (e) Village Health Officer. Powers and Duties of' the Village Manager on Personnel Matters. The Village Manager shall perform duties and ,exercise powers concerning personnel matters as follows : ordinance as he may consider necessary or desirable., department heads and Village employees on the,basis of fitness and merit. Fitness and merit may be determined by such oral, written or other examina- tions as are deemed appropriate and justifiable by the Manager. Prepare, put into effect and maintain a classification plan based on the duties, qualifications, responsibility and authority of the positions in municipal service. (d) classification plan. (e) the performance of assigned duties in the several departments. (f) or practices with reference to personnel administration as may be necessary and desirable. Sec. 4. Work Hoursd. The working time of employees shall be specified from time to time by the Village Manager in accordance with the needs of and particular customs in each department. (a) (b) Prepare and recommend to the Village Council such changes in this Appoint, promote, transfer, reprimand, suspend, demote, and dismiss (c) Prepare and maintain a compensation plan for all positions in the Issue rules and regulations governing the conduct, of personnel and Issue such rules and regulations and perform such other activities *- 4/6/70 Sec, 5, Vacation Leave with Pay. Permanent full time employees shall accrue vacation leave with pay according to the following schedule: Department in More than 5 but More than fJhich Employed 5 Years or Less Not More than 20 20 Years Fire Department 5/12 day per month 5/8 day per month 5/6 day per month Liquor Store 1 day'per dionth 1 1/2 days per month 2 days per month Other 516 day per month 1 1/4 days per month 1 2/3 days per Vacation leave may be accrued to a maximum of 26 days. Any eniployee with more than one (1) year's continuous service two leaves the Village employement in good standing and after giving 'proper notification shall be compensated for facation leave accrued to the date of separation to a maximum of 26 days. tional regulations governing the use of vacation leave and the accumulation-of vacation leave by permanent part time employees as considered appropriate may be issued from time to time by the Village Manager. Number-o: Years in Employ of Village month Addi- Sec. 6. Sick Leave with Pay. (a) Sick leave with pay shall be granted to all employees (with the exception of the Fire'Department) at the rate of'one (1) working day per calendar month of full-time sdrvlce or major fraction thereof. Members of. the Fire Department shall receive sick leave at the rate of 1/2 working day per calendar month of full=fime 5eTice or major fraction thereof. Sick leave may be accumulated to a maximum of one hundred (100)days. (b) Sick leave may be granted only for absence from dufy because of per- . sonalill?ess, legal quarantine, or deahh of serious illness of the employee's spouse, children, father, mother, sEouse's father or mother, and resident members of the employee's household; or death of grandchildren, brother, sister, or grandparents. the event of the death of a grandchild, brother, sister, or grandparent, the . amount to be determined by the Village Manager. appropriate may be issued from time to time by the Village Manager. retirement age of 65 or disability or who are permanently laid off shall be granted severance pay in the amount of 1 1/2 days pay for each year of service with a maximum-severance pay equal to 4 week's pay. Sec. 8, Military Leave and Pay. All regular employees shall be entetled to benefits as provided'in the Minnesota Statutes, Section 192.26 and 192.261. Sec. 9, Leave Nithout Pay. (a) yo more than three days' sick leave may be taken in (c) Sec. 7. Severance Pay. Employees who retire due to reaching mandatory Additional regulations governing the use of sick leave as considered ' Limigs:; A permanent employee may be granted leave of absence without pay or benefits on account of sickne:s, disability, jury duty, or other good and sufficient reasons which are considered to be in the best interests of . the municipality. un1ess.a longer period is approved by the Village Manager. amount of compensation which will equal the difference between the employee's regular pay and the compensation paid for jury duty. (c) Approval Required. Leave without pay shall require the advance approval of the Village Manager. (a) Exceptions. municipality's service is involved, shall be considered as time on duty within the meaning of this ordinance, except that such attendance at meetings outside the State or as otherwise specified by the Village Manager must be approved in advance by the Village Manager. or conventions under the sponsorship of the Village, they shall be required to sign an agreement that they will remain in the Village employ for a period of 24 months or reimburse the Village for their expenses at the rate of 1/24 of the total paid by the Village for each month of the time period measured from the date of the employee's resignation to the end of the afore mentioned 24 month period. Sec. 10. Holidays. The following are paid holidays: New Year's Day, Washington's and Lincoln's Birthday (the third Monday in February), Good Friday (the .Friday next preceding Easter Sunday), Memorial Day (the last Monday in May), Fourth of July (July 4), Labor Day .(the first Monday in September), Columbus Day (the second Monday in October), Veterans' Day (the fourth Monday in October), Thanksgiving Day, Christmas Day (December 25), Christmas Eve afternoon and New Year's Eve afternoon. be closed for business on each of the foregoing holidays; provided, however, that the employees may be required to work on paid holidays when the nature of their duties or other conditions so required. If an employee is required to work on a paid holiday, he shall receive another day off as the Village Manager shall determine unless consideration is given to this factor in determ- ining work schedules. When New Year's Day, the Fourth of July or Christmas Day fall on Sunday, the following Monday shall be a paid holiday, or if any Such leave of absence shall not exceed 90 working days (b) Jury Duty. In the case of jury duty, an employee shall receive an Attendance at official meetings, where the good of the 'IJhen empl,oyees attend schools, conferences The Village Hall shall 4/6/70 ri of those three days falls on Saturday, the preceding Friday shail be a holi- day. The Manager in his discretion, may grant a holiday to individuals for the celebration of certain religious Holy Days observed by -their particular faith. Sec. 11. Resignation. Any employee wishing to leave the municipal service in good standing shall file with the Village Manager, at least 14 days before leaving, a written resignation stating the effective day of the resigna- tion and the'reason for leaving. be considered cayse foy denying such employee future ,employement by the municipality and denying severance. pay and pay for. accrued vacation leave. Unauthorized absence f,rom work for a period of three consecutive working days may be considered by the Village Manager as resignation without benefits. Failure to comply with this procedure may Sec. 12.. Grievance Policy. (a) It shall be the policy of the'village to adjust grievances of employees promptly and fairly. Within the framework of existing laws and Village regulations, every effort shall be made to adjust grievances in a manner mutually satisfactory to employees and management. followed in the handling of all grievances. final authority over any grievance. Disciplinary Actions. Village may be disciplined for cause. ciplinary action Bkall be determined by 'the Village Manager. by his supervisor or the Village Manager whenever his performance falls below expected standards or whenever the employee is-guilty of misconddct or dis- obedience in any matter. (b) Suspension. The Village Manager may suspend'an employee without pay for disciplinary reasons. Such suspensions shall. not exceed 30 working days for any.one offense. (c) Demotion. inefficient performance of his duty, for disciplinary reasons, or for good and sufficient reasons. (d) Dismissal. Officers and employees subject $0 the' provisions of this ordinance may be removed from Village employment by the Village Manager for cause; terminal bene fits including accumulated.vacation leave and severance pay. . (b) The Village Manager.shal1 promulgate a grievance procedure to be The Village Manager shall have Sec, 13. Any employee in the service of the The method of and procedures for dis- An employee may be given an oral or written reprimand (a) Reprimand. An5employee may be demoted by the Village Manager for Dismissal for cause may be grounds for denial of the employee's t (e) Causes for Disciplinary-Action; Evidence of any of -the following . acts may be cause .fdr disciplinary action including reprimand, suspension, demotion or dismissal: , 68 duty. obey an order which a superior is entitled to give and have obeyed, or rezusal to do assigned work which the employee is capable of d6ing which has resulted -or reasonably might be expected to result in loss or injury to the municipality or to the public. (3) Public statements which are slanderous, libelous or which tend to discredit'a Village official or the Village services. (4) Repeated tardiness after warning. .> 11) Incompetency, inefficiency or negligence in the performance (2) Insubordination, including, but not limited to, refusal to '! % ,(5) Unauthorized absence of abuse of leave privileges. 1 (6) %Under the influence of intoxicating beverages while on duty; drinking intoxicating beverages while on duty; or reporting to work while under the influence of intoxicating beferages. (7) Under the.influence of those drugs prohibited by municipality, .state of Federal law while on duty without aubhorization by a licensed phy- sician and without written permission from the Village Manager; taking pro- hibited drugs while on duty except as prescribed by a licensed physician and without written permission from the Village Manager; or reporting to work while under the influence of pmhibited drugs without authorization of a licensed physician and Qithout written permission of the Village Manager. or Village officers or employees. moral turpitude. Manager incapacitates the employee for the proper performance of the duties of t (8) .(9) (10) Wanton use of offensive conduct or language toward the public Conviction of a criminal offense or misdemeanor involving Physical or mental defect which in the judgment of the Village ' his position. : (11) just debts due or owing by him, causing thereby,annoyanc& to officers and employees of the Village. The employee may be discharged if his earnings are subjected to four,or more garnishments within a 90 day period involving more than one.indebtedness. (12) Village property. Failure to pay or make reasonable provisions for payment of . Car6lessness or negligence in the handling or control of 4/6/70 (13) Inducing or attempting to the Village to commit an unlawful act or to reasonable official regulation or order, induce an officer or employee of act in violation of any lawfLil and . . . cipal service. (14) (15) (16) (17) Cbn'ductZin+.priirate life which brings discredit upon the muni- Proven dishonesty in the performance of an employee's duties. Violation of the provisions of law or of this ordinance. Violation of written personnel or departmental regulations. Sec. 14. Right of Appeal. In all cases of suspension, demotion, or dismissal, the reasons for such action must be.presented insa dated written statement to the employee affected. to the Village Manager, filed with the Village Manager within five working days of receipt of such statement, an employee shall be granted a hearing before the Village Council, such hearing to be held not later than fourteen days from the date of filing the request for hearing. The Council may affirm, overrule or modify the action of the Manager. - Sec. 15. Prohibitions. No person shall knowingly make any false state- ment, certificate, mark, rating, or report in regard to any test, certifi- cate, or appointment held or made. under the municipal personnel system or in any manner commit-or attempt to commit any fraud preventing the impartial execution of the provisions of this ordinance. No person seeking employment or promotion in the municipal service shall either directly or indirectly give, render, or. pay any money, service, or other valuable consideration to any person for or on account of or in connection with his test, proposed appoint- ment, promotion or proposed promotion. Sec. 16, Political Activity. Any employee who shall become a candidate for an elective municipal office of the Village of Edina or an elective Henne- pin County, state, or federal office shall automatically receive a leave of absence without pay, and shall perform no duties connected with the position held by him until he is no longer a candidate or a municipal, county, state or federal office holder. the vacancy created by his absence may be filled and* his services terminated. No employee may use the influence of his position with the Village in soliciting funds for any political organization; nor in+ seeking signatures to any petition provided by any law; nor in distributing badges or pamphlets; dodgers or handbills of any kind favoring or opposing any candidate for elect- ion. or for nomination to a public office, whether national, state, county or municipal, the employee's duties, the employee may be disciplined under Section 13 of this ordinance. % age and publication. Upon the ,employee's dated written request However, if the needs of the municipal service require, If any political activity inter€eres with the efficient perEormance of . See. 17. This ordinance shall be in full force and effect upon its pass- COUNTY ROAD 62 PLANS AND SPECIFICATIONS APPROVED FOR PROJECT NO. 6827, recommended by Mr. Dunn, Councilman Courtney's motion approving plans and specifications for County State Aid Highway No. 62 median barrier in the Vil- lage was seconded by Councilman Shaw and carried. Councilman Courkney then offered the following resolution IJKEREAS, plans for Hennepin County Project No. 6827 showing proposed qligment, grades and corss-sections, together with specifications and special provisions for the improvement of County State Aid Highway Ro. 62 within the limits of the Village of Edina as a Federal Aid Project have been prepared and presented to the Village; NOW, THEREFORE, IT IS RESOLVED that said plans,specifications and special pro- visions be in all things approved. Motion for adoption of the resolution was rollcall there were four ayes and no nays ATTEST As and moved its adoption: RESOLUTION Mayor lL-Le&u.d/ Village Clerk PEE 'IJEE HOCKEY TEAN COXMENDED. state championship, Councilman Courtney offereit the following resolution and moved its adoption: VHEREp;s, during the 1969-1970 season,$ the Edina BeElirib Pea' TJee':Htikkey'"Tdam, dnderi.hhe'- able direkti6n -6 E Coachl:Br'l L.: Rye rse; has. dmtidbed 't ti '-ekerhp l5fy the h~g~st.g~'a~s''df'good,:s~p.i;.~sinanship and outstanding proficiency; and WHEREAS, the team efforts have been rewarded by winning events which include the Championship and the Pee Nee Championship of the Blinnesota Amateur Hockey Noting the Pee Nee Hockey Team had won the RESOLUTION OF CONGRATULATIONS ' Internatfonal Silver Stick Hockey Tournament at Port Huron, the Region Three 4/6/70 C' Association; and WHEREAS, during this past .hockey 'season, these young boys have represented Edina in the highest manner; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Village Council that the outstanding accomplishments of the Beitline Pee l?ee Hockey Team deserve the sincere gratitude of the citizenry of Edina for the exemplary manner in which the team has conducted itself and for the great credit the team has brought to the community; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to Todd Bjerken, Brad Bolz, John Brenny, Mike Carroll, Chuck Faith, Scott: Farmer, David Finks, Chris Johnson, John Lampert, David Langefels, Pat Manion, Mike Mastor, Steven Nichols, Gene Purdy, Greg Rogers, Jim Schuten and to Coach Bill Ryerse. Motion for adoption of the resolution was s # Mayor carried. ATTEST : on,ed by Councilman Shaw and && -Vhd&- b Village Clerk EDINA OPTIMIST BANTAM HOCKEY TEAM COMMENDED. Bantam Hockey Team had won the National Championship, Councilman Courtney offered, the following resolution and moved its adoption: RESOLUTION OF CONGRATULATIONS IJHEREAS, during the 1969-1970 season, the Edina Optimist Bantam Hockey Team did win the Minnesota Amateur Hockey Association Region Three title; and WHEREAS, the 1969-1970 Optimist Bantam Hockey Team did win the Minnesota Amateur Hockey Association State Tournament; and WHEREAS, during the 1969-1970 season the Optimist Bantam Hockey Team did win the United States Amateur Hockey Association National Bantam Titie; and WHEREAS, the Edina Optimist Bantam Hockey Team was the first Edina teak to win such a national title; NOW, THEREFORE, BE IT RESOLVED by the*Mayor.and Village Council of the Village of Edina that the outstanding accomplishments of the Edina Optimist Bantam Hockey Team deserve the sincere gratitude of the citizenry for the exemplary manner in which the team has conducted itself and for the great credit the team has brought to the community; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to Tim Anderson, Bradley Becker, Dave Domseif, Dave Greer, Mark Heigl, Jim Johnson, llilce Kelly, Rob Little, Dennis Loving, John McMorrow, Craig Norwich, Keven Nugent, Charles Petersen, John Reimann, Steve Roberts, Frank Zimmerman and to Coach John Reimann. Motion for adoption of the resolution burg and carried. ATTEST: Noting that the Edina Optimist ed by Councilman VanValken- d Mayor L.. L-CA A -,z2uLr_cyL- 4* Village Clerk FLOURIDATION EQUIPMENT PURCHASE AUTHORIZED. As recommended by Mr. Dalen, Councilman Courtney's motion was seconded by Councilman Shaw and carried, authorizing expenditure of $1,504 for flouridation equipment needed to comply with regulations set forth by the State of Minnesota. PICKUP TRUCK FOR SEWER DEPARTMENT PURCHASE AUTHORIZED. Dalen, Councilman Shawls motion was seconded by Councilman Courtney and carried, authorizing purchase of a pickup truck for the Sewer Department at a cost of $1,999.68. FIRST EDINA NATIONAL BANK SUBSTITUTION OF COLLATERAL APPROVED. As recommended by Mr. Dalen, Councilman VanValkenburg'ofEered the following resolution * approving substitution of collateral and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina Village Council hereby approves substitution of ~$700,000 corporate bonds furnished by St. Paul Fire and Marine in lieu of $402,000 pledged as of January 1, 1970. Motion for adoption of the resolution wa n Courtney an on rollcall there were four ayes and no ATTEST : As,recommended by Mr. Mayor 4/6/70 LIQUOR DISPENSARY FUND REPORTS AS OF JANUARY 31, 1970 AND FEBRUARY 28, 1970, were presented by Mr. Dalen, reviewed, and ordered placed on Xlle by motlon of Councilman VanValkenburg, seconded by Councilman Courtney and carried. I T.V. ANTENNA REGULATIONS REQUESTED. urged Council to take some action tequiring removal of the antenna at 5754 Wooddale Avenue, stating that this antenna is devaluating property in the area. He was advised that Mr. Whitlock is still waiting word from the Federal Aeronauffcal &dministsation advising him as to the rights of the Village in controlling such structures, and that appropriate action will be taken as soon as this information is received. Mr. L. L. Miller, 5720 Wooddale Avenue, CLAIMS PAID. and carried for payment of the following claims as per pre-list: Fund, $62,869.86; Construction Fund, $326.31; Park, Park Construction, Golf, Swimming, Arena, $17,165.37; Water Fund, $4,356.98; Liquor Fund, $12,304.34; Sewer Fund, $2,733.19; Improvement Fund, $48;217.32; Poor Fund, $680.52; Total, $148,653.89; and for additional bills paid in March, as follows: General Fund, $1,831.40; Park, Golf, Swim, Park Const., $18,014.66; Water Fund, $2,440.33; Liquor Fund, $42,912.65; Total, $65,199.04. Motion of Councilman Courtney was seconded by Councilman Shaw General The agenda's business having been covered, Councilman Shaw' s motion for adjourn- ment was seconded byCouncilman.Courtney and carried. Adjournment at 9:45 p.m.