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HomeMy WebLinkAbout19700420_regularMINUTES OF THE REGULARMEETING OF THE MONDAY, APRIL 20, 1970 EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON Tr Members answering rollcall were Councilmen Courtney, Johnson and VanValkenburg, who. served as Mayor Pro Tem in the absence of Mayor Bredesen. MINUTES of April 6, 1970, were approved as submitted by motion of Councilman Courtney, seconded by Councilman VanValkenburg and carried. GRADING AkD GRAVELING IMPROVEMENT P-C- 102 HEARING CONTINUED. - As recommended by Mr. Dunn, Councilman Courtney's motion continuing the hearing on Grading and Graveling Improvement P-C-102 until May 4, 1970, was seconded by Council- man Johnson and carried. OLD LIBRARY SITE DISCUSSION CONTINUED. As recommended by Mr. Hoisington, Councilman Johnson's motion continuing discussion on the old Library site was seconded by Councilman Courtney and carried. PUBLIC WORKS 'STREET SWEEPER BID AWARDED. for the street sweeper for the Department of Public works had been continued Mr. Dunn recalled that award of bid from meeting of April 6, 1970, so that Council could study the matter further. He recalled Lhat, at the meeting of March 2, 1970, Mr. Hyde had explained the interest in purchasing a self-loading street sweeper (the Elgin Pelican) manufactured only by the Elgin Leach Corporation. to writing closed specifications so that only Elgin could bid, but after Council discugsion, it was decided to open the specifications to standard machines so that Elgin would not feel they had the whole field to themselves and bid accordingly. At the March 2 meeting, Mr. Dunn said, he had indicated that the difference in price begigeen2the standard machine and the Elgin Pelican might be $3,000 and that ke would ask approval of the high bid, Bids opened on April 1, 1970, showed Elgin Pelican bid of $14,233 was $3,743 over the $10,490 bid of Hall Equipment, but that Mr. Batko had figured that the self- loading feature of the Elgin Pelican would save $1,600 annually with reuse of 'Buckshop and Class A Trap, in addition to savings in time and elimination of dumping sweepings in unsighly and unsafe piles for later ptckup by other units. standard sweeper, an additional Loadall unit unit would be required at a cost of $4,000, plus installatioh on a dump truck. ment introduced Mr. Bob Jensen who urged the award to Hall Equipment, stating that the Pelican concept is recognized as the most expensive system in use today and that additional trucks would be needed to work most efficiently. Mr. Harold Garver from MacQueen Equipment- toolc issue with Mr. Jensen, saying that it is not necessary to have more than one dump truck. able discussion, Counciltman Johnson moved award to MacQueen Equipment for the Elgin Pelican, noting that the redfiction of cost must be considered and that he is influenced by the judgment of Mr. Dunn and Mr. Batko who had studied the matter. Councilman Courtney seconded the motion, stating that he doesn't like avaarding to high bidder, but that the measurable and intangible reasons must be considered. Motion carried. Consideration had been given Mr. Dunn added that to accomplis-h the same *quality operation with a Mr. William Smith of Hall Equip- Following consider- NANCY LANE WATERWIN AND BITUMINOUS STREET SURFACING AND CONCRETE CURB AND GUTTER PETITION ACCEPTED and ordered placed on file and referred to the Eng- ineering Department for processing by motion of Councilman Courtney, seconded by Councilman Johnson and carried. urged that this work be done at 'the same time as improvements in Garrison Lane and Wooddale Avenue in the hope that cost of the project would be lower. ORDINANCE NO. 261-200 PUBLICATION DIRECTED. Council that Mr. Ijilliam Olsen has withdrawn his request for an additional time in which to develop his property South of W. 62nd Street, West of Countryside Park, North of the Crosstown Highway. now recorded and all conditions of the-agreement are met and recommended that the ordinance now be published. by Councilman Johnson and carried, directing the Clerk to publish Ordinance NO. 261-200. UTILITY VAN BID PJJARDED. Mr. Dunn presented tabulation of two bids received in response to Advertisement for Bids for one utility type van published in the Edina Sun on April 9 and in the Construction Bulletin on April 9 and 16, 1970. Tabulation showed Westdale Ford low bidder for a 1970 Ford E-300 Econoline Supervan at $2,574.00 as against Suburban Chevrolet bid of $2,680.00 for a 1971 Chevrolet GE31305. Mr. Dalen aecommended award to low bidder, not- ing that the 1971 models have been brought out early by General Motors and that the year makes no difference since the Village uses iiis vehicles until they are worn out. Mr. Robert E. O'Keefe, 4505 Nancy Lane, Village Attorney Erickson advised He advised that deed restrictions are Councilman Courtney's motion was then seconded Councilman Johnson's motion awarding bid to SJestdale Ford was 4/20/70 seconded by Councilman Courtney and carried. HAR0I;D WOODS THIRD ADDITION GRANTED FINAL APPROVAL. SUBJECT TO APPROVAL OF PLANNING CONMISSION. Nr. Hoisington presented Harold Woods Third Addition for Final Plat Approval, noting that this is a one lot plat on Schaefer Road and that Planning Commission will be considering approval at its next meeting, and that- the plat meets all ordinance requirements offered the following resolution and movedsits adoption, subject to approval by the Planning Commission: BE IT RESOLVED by. the Village Council .of the Village of Edina, Minnesota, that that .certain plat entitled “Harold Woods Third Addition”, platted by Verl F. Young and Evelyn L. Young, husband and wife and by Ruth M. Schaefer and pre- sented at the meeting of the Edina Village Council of April 20, 1970, be and is hereby approved effective May 19, 1970, provided this resolution has not been amended, annulled or rescinded by the Edina Village Council. Motion for adoption of the resolution was on rollcall there were three ayes and no ATTEST: Councilman Zohnson. thereupon RESOLUTION I As requested by Director of Public The plan was prepared by members of ency Plan was presented for approval as required by Minnesota State Statute. the Village of Edina Civil Defense staff, service chiefs and other members of the service staffs. information for the purpose of producing a comprehensive Emergency Plan for the inhabitants.of the Village, to provide a plan in conformity with the Minnesota State Civil Defense Plan and to act as a guide for the operational services. plans preciously developed for the Village. Councilman Johnson then offered the following resolution and moved its adoption:. BE IT RESOLVED by the Village Council of the Village of Edina that the Xkflagd of Edina Emergency Plan and the appendixes thereto is hereby approved and that a copy of said plan be filed with Ordinance No. 82A in the office of the Village Clerk. Motion for .adoption of the resolution was on rollcall there were three ayes and no The plan is designed to utilize and analyze available It is the intent that the plan will supersede all emergency survival , RESOLUTION APPROVING REVISED EDINA EMERGENCY PLAN u ELECTION JUDGES SALARIES REVISED. the recommendation of Nr. Dalen that a compromise be made between the the Village and the $2.50 rate paid by the School District, Councilman Johnson offered the following resolution and moved its adoption: ourly rate paid Election Judges by RESOLUTION ESTABLISHING SALARIES OF ELECTION JUDGES BE IT RESOLVED that the maximum wages for Election Judges be established at $2.85 per hour. i-. Motion for adoption of the resolution wa on rollcall there were three ayes an 8 Mr. Dunn noted that Northern States Power Company had filed suit against the Village in the amount of $756.01,. the amount of replacing nn86rground cable which was cut by Village crews. The insurance ‘company had denied the claim on the grounds that the Village was not negligent. I-IUMAN RIGHTS DIRECTOR APPROVED ON PART TIHE BASIS. The Mayor noted a request of the Human Rights Commission to proceed and set the machinery in motion for hiring a person as the Human Rights Director for the Village of Edina. of the fact that St. Louis Park is having difficulty making a firm commitment In view 4/20/70 1 Councilman Courtney's motion authorizing hiring a person as the Human Rights Director on a part time basis at a salary not to exceed the $6,000 budgeted, was seconded by Councilman Johnson and carried, Wtli Vhe understanding that Mr. Hyde take steps upon his return to the office to find a suitable person. MINNEAPOLIS NORTHFIELD AND SOUTHERN RAILROAD TO PAY $10,000 TOlJARD COST OF BENTON AVENUE BRIDGE. Mr. Dunn recalled that,-Zn response to the Village's request that the Ninneapb3is, Northfield & Southern Railroad pay 50% of the cost of the Benton Avenue Bridge over the.M;N.& S. tracks, the railroad had offered to pay $20,000. Commission who ordered the railroad to pay only 10% ($10,656) toward the cost of the bridge. Court but that Mr. Flaten who handled the matter does not recommend appeal. No action was taken. The matter was then submitted to the Public Service Hp. LErickson said that the matter could be appealed to District VATER SUPPLY WELL NO. 17 TO BE READVERTISED. As recommended by Mr. Dunn, Councilman Courtney's motion authorizing readvertisement for Water Supply Well No. 17 was seconded;by Councilman Johnson and carried. THORPE PROPERTY TO BE ACQUIRED FOR WJD LAKE PROJECT. vu-graph, Ecx Hoisington advised that the Village now has an opportunity to acquire three acres in the Mud Lake area which has been owned by Mr. Samuel Thorpe. offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina Village Council approve the acquisition of the following described property for the cost of $1,220.96: Outlot 1, Gleason Second Addition; and That part of Lot 5, Block 1, Gleason First Addition lying lJith the aid of the Total cost to the Village will be $1,220.96, which cost ihcludes Councilman Courtney then . back taxes, the 1970 taxes and $100 additional. RESOLUTION North of the South five feet. Motion for adoption of the resolution was on rollcall there were three ayes and n ATTEST: J Village Clerk - HEARING DATE SET FOR VARIOUS IMP man Johnson offered the followi'ng resolution and moved its adoption: EMENIS. As recommended by Mr. Dunn, Council- RESOLUTION PROVIDING FOR PUBLIC I~EARING ON STREET IMPROVEMENTS NOS. .P-BA-168, P-BA-166; P-BA-169 P-BA-170, SANITARY SEWER NO. P-SS-291 AND WATERMAIN NO. P-WM-255 1. The Village Engineer, having submitted.to the Council a preliminary report as to the feasibility of the proposed improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improve- ments, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall'meet on Monday, May 4, 1970, at 7:OO p.m. in the Edina Village Hall, to consider in public hearing the views of all persons inter- ested in said improvements. 3.' place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The Clerk is hereby ,authorized and directed to cause notice of the time, (Official Publication) VILLAGE OF EDINA HBNNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON PORTLAND CEMENT CONCRETE CURB' AND GUTTER AND ASPHALT CONCRETE OVERLAY WITH SEAL COAT IMPROVEMENT NO. P-BA-168. PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NOS. P-BA-166, P-BA-169, P-BA-170 SANITARY SEWER IMPROVEMENT NO. P-SS-29 1 WATERMAIN IMPROVEMENT NO. P-FJM-255 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, May 4, 1970, at 7:OO p.m., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvements are estimated by the Village as set forth below: 4/20 /7 0 ESTIMATED COST $ 531,460.75 1. CONSTRUCTION OF PORTLAND CEMENT CONCRETE CURB AM) GUTTER AND ASPHALT CONCRETE OVERLAY WITH SEAL COAT IN THE FOLLOTJING: A. IMPROVEMENT NO. P-BA-168 Sunnyside Road from the east line of Block 2 of <...Country Club District, Fairway Section to High- way 100 Grimes Ave. from Sunnyside Road to the North line of Sec. 18, T. 28, 8. 24 Arden Ave. from 1.7. 50th St. to Sunnyside Road, Bruce Ave. from W. 50th St. to Sunnyside Road Casco Ave. from Country Club Road to Sunnyside Road Drexel Ave. from Country Club Road to Sunnyside Road Edina Blvd. from Country Club Road to Sunnyside Road Moorland Ave. from Country Club Road to Sunnyside Rd. Browndale Ave. from Country Club Road to I?. 44th St. Edgebrook Place Country Club Road from Arden Ave. to the South line Bridge St. from &den Ave. to Minnehaha Creek Mackey St. from Sunnyside Rd. to North line of .. of the N 1/2 Sec. 18, T. 28, R. 24 Country Club District, Brown Section 2. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCmTE CURB AND GUTTER IN THE FOLLONING: A. IMPROVEMENT NO, P-BA-166 $ 7,162,04 B. IMPROVEMENT NO. P-BA-169 . $306,890.74 Porter Lane from Code Ave. to Birchcrest Drive Dakota Trail Cheyenne Trail Cheyenne Circle Blackfoot Pass Indian Hills Road 'Indian Hills Pass Nohawk Trail Arrowhead Pass Indian Hills Circle Shawnee Circle Iroquois Circle from Mohawk Trail to 150' South Iroquois Trail from West Trail to Iroquois Circle Cherokee Trail from Navaho,Trail to Indian Hills Pass : . -.- F;-'IMPROVEMENT NQi'P-BA-170 $ 14,282.87 3. W, 58th St. from Tingdale Ave. to Code Ave. CONSTRUCTION.OF VILLAGE SANITARY SEWER @D APPURTENANCES IN THE FOLLOWING: A. IMPROVEMENT NO. P-ss-291 $ 13,638.05 West Frontage Road of Highway 100 from West 44th Street to 615' north 4, CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLYWING: A. 'IMPROVEMENT NO, P-Ffil-255 . $ 43,367.09' - Dundee Road from East-West Dundee Road to Ayrshire Blvd. Drive Ayrshire Blvd. from Dundee Road to Mirror Lakes The area proposed to be assessed for the cost of the proposed Portland Cement Concrete Curb and Gutter and Asphalt Concrete Overlay with Seal Coat under 1-8 above (Improvement No. P-BA-168) includes lots 1 thru 13 incl., Block 1, Lots 1 thru 15 incl., Block 2, Lots 1 thru 30 incl., Block 3, Lots 1 thru 32 incl., Block 4, Lots 1 thru 31 incl., Block 5, Lots 1 thru 14 incl., Block 6, Lots 1 thru 16 incl., Block 7, Lots 1 thru 37 incl., Block 8, Lots 1 thru 37 incl;, Block 9, Lots 1 thru 34 incl., Block 10, Lots 1 thru 29 incl., Block 11, Lots 1 thru 19 incl., Block 12, Lots 1 thru 20 incl., Block 14, Lots 1 thru 10 incl., Block 15, all,in.Country Club bistrict, Fairway Section; Lot 10, Block 1, Arden Park 2nd Addition; Lot 1, Block 1, Arden Park 3rd Addition; Lots 1 thru 17 incl., Block 1, Lots 1 phru 13 incl., Block 2, Lots 1 thru 8 incl., Block 3, Lots 1-thru 23 incl., Block 4, Lots 1 thru 17 incl., Block 5, Lots 1 thru 18 incl., Block 6, Lots 1 thru 11 incl., Block 7, Lot 20, Block 7, Lot 12, Block 8, Lot 1 , Block 9, Lots 1 thru 12 incl., Block - 10, Lot 21, Block 10, Lots 1 thru 19 incl., Bloclc 11, Lots 1 thru 28 incl., BFock 12, Lots 1 thru 19 incl., Block 14, Lots 1 thru 5 incl., Block 15, Lots 1 thru 3 incl., Block 16, all in Country Club District, Brown Section; Lots 4 thru 9 incl., Country Club District, Brown Section, Rearrangement of North part of Block 16, I 3 41 20/ 7 0 The area Proposed to be assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter under 2-A above (Improvement No, P-BA- 166) includes Lots 3 thru 8 incl., Block 2, Lots.1, 2, 3, 11, 12 and 13, Block 3, all in Birchcrest-Additi n. The area proposed to be assessed for. the cost: of the proposed Permanent Street Surfacing and Concrete Curb and Gutter under 2-B above (Improvement No. P-BA-169) includes Lots 1 thru 5, incl., Block 1, Lots 9 thru 11 incl., Block 1, Lots 1 thru 10 incl., Block 2, Lots 1 thru 7 incl., Block 3, Lots 1 thru 3 incl., Block 4, Lots 2 thru 10 incl., Block 5, Lots 12-thru 19 incl., Block 5, Lots 1 thru 6 incl., Block 6, Lots 1 thru 6 incl., Block 7, Lots 1 thru 7 incl., Block 8, Lot 13, Block 8, Lot 1, Block- 9, Lots 1 and 2, Block 10 Lot A and Lot B, all in Indian Hills Addition;. Lots 1 thru 3 incl., Block 1, Indian Hills, Thompson Replat; Lots 1 thr.u 4incl., Block 1, Lots 1 thru 3 incl. , Block 2, all in Bverholt Hills, Sally Addition; Lots 1 thru 5 incl. ,w-=. .Block 1, Overholt Hills, James Addition; Lot 1, Block 1, Lots 1 thru 4 incl., Block 2, Lot 1, Block 3, all in Overholt- Hills, Georgia Addition; Lots 1 and 2, Block 1, Lots 1 thru 4 incl., Block 2, Outlot B, all in Overholt Hills, Georgia 2nd Addition; Lot 1, Block 1;Muir Woods; Lots 1 thru 5 incl., Block 1, Lots 1 thru 4 incl., Block 2, Lot 1, Block.3, all in Indianhead Crest; Lots 1, 2 and 5, Block 1, McCauley Heights First Addition; Lots 1, 2 and 3, Block 1, Replat of Lot 3, McCauley Heights First Addition; Lots 1,,2 and 3, Block 1, McCauley Heights, Halla Replat; Lot 1, Block 1, McCauley Heights 2nd Addition; Lot 2, Block 4, Lots 2 thru 5 incl,, Block 5, all in McCauley Heights 3rd Addition; Lots 8 and 16,lAuditor's Subdivision No. 196; Lot 1, Block 1, Lots 1, 2 and 3, Block 2, and Outlot A, all insIndian Hills Arrowhead Addition; Lot 1, Block 2, Cherokee Hills;' Lots 1 and 2, Block 1, Lots 1, 2 and 3, Block The area proposed to be assessed for the cost of the proposed Perinanent Street Surfacing and Concrete Curb and Gutter under 2-C above (Improvement No. P-BA-170) includes Lots 17thru 12 incl., Block 1 and Lots 1 thru 6 incl., Block 2, all in Edina Heights Addition. The area proposed to be assessed for the cost of the proposed Sanitary Sewer under 3-A above (Improvement No. P-SS-291) includes Lots 10 thru 16 incl., Auditor's Subdivision No. 176. The area proposed to be assessed for the. cost of the proposed Watermain under 4-A above.(Improvement No. P-WM-255) includes Lot 2, Block 1, Lots 1 thru 5 incl., Block 2, and Lots 2 thru 6 incl., Block,3, all in Mirror Lakes Meadow- Wood Addition to Zdina Highlands; Lots 1 thru 5 incl., Block 1 and Lots 1 thru 4 incl., Block 2, all in Mirror Lakes Meadow-Vood Second Addition to Edina Highlands. on rollcall there were three ayes and no - 2,Outl'ot B, all in Cherokee Hills 6th Addition. BIDS TO BE TAKEN ON VARIOUS IMPRO&&ENTS. man Johnson offered the following resolution authorizing the taking of bids for various public improvements and moved its adoption: As recommended by Mr. Dunn, Council- RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMJ3NTS AND DIRECTING ADVERTISEMENT FOR BIDS WM-253, IJM-255, WM-256 AND WATERMAIN TO NEW VILLAGE WATER TANK SANITARY SEWER IMPROVEMENT NO. SS-289 FOR WATERMAIN IMPROVEMENTS NOS. WM-251, IJM-252, STORM SEUER IMP~~~MF;NT~,S3C:.Si-t23,~~~~BL- LIGBTING IMPROVEMENT NO. L-8 BE IT RESOLVED B~.~HE~~~~~~E;_COT~~~OF THE VILLAGE OF EDINA, MINNESOTA: 1: . 'The*pZ'ans.fSfi.d 'specMiieatioasi iky? following.. AdyertiGelEini5~-E&r :Bide f-gorm, :lieretofoze, p3Sp"argd ;b iiieer. kind- no_w. 70% tfZk in. Ithe XffLcs. of: i3xeJ~llage ;Clew ,afe::,hBreby' 1 apppwd. 2, .The Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notice for bids for improvements: e ~p~opos~d imp-2ov%nents-rset, Eorth'ISn, the ViTXage Eng- (Official Publicati on) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTLSEMENT FOR BIDS PJATZRMAINS IMPROVEMENT NOS. WM-251, 14M-252 iJM-253, IJM-255, WlUI-256 AND WATERMAIN TO NEW VIUGE WATER TANK - SANITARY SEWER IMPROVEMENT NO. SS-289 STORM SEWER IMPROVEMENT NO. ST.S.-123 4/20/70 BIDS CLOSE IdY 15, 1970 Sealed .bids will be received and opened in the Council Chambers in the Edina Village Hall, 4801 W. 50th St., at 11:OO a.m.*, Friday, May 15, 1970, and the Edina Village Council will meet at 7:OO p.m., Monday, May 18, 1970, to consider said bids for the construction of Watermains, Sanitary Sewer and Storm Sewer. The following are approximate quantities of major items : WATERMAINS INBROl7EMEW NOS. MN-251, WM-252, FJM;253, FM-255, WM-256 AND WATZBMAIN TO NEW VIUAGE RATER TANK 3750 L/F 6** D.I.P. Watermain, Class 5 1800 800 5100 L/F 12" D.I.P. Watermain, Class 3 L/F 16!' D.I.P. IJatermain, Class 2 S/Y Bituminous Paving with Seal Coat 6 Standard Hydrants SUTARY SEWER IMPROVEMENT NO. SS-289 STORM SElJER IMPROVEMENT NO ST. So -123 275 L/F 9t' V.C.P. Sanitary Sewer 335 L/F 24" R.C.P. Storm Sewer 2392 L/F 21'' R.C.P. Storm Sewer 124 L/F 12" R.C.P. Storm Sewei Work must.be done as described in plans and specifications on' file in the office of the Village Clerk. deposit of $25.00 (by check), Said deposit to be returned upon return.of the . plans and specifications with a bona fide bid. unless sealed and accompanied by cash deposit, bid bond or certified check pay- able to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VXLLAGE COUNCIL. Plans and specifications are available for a No bids will be considered The Council reserves the right to reject any or all bids. FLORENCE B. HALLBERG Village Clerk ' (Of,ficial Publiaatidn) VIUGE OF .EDINA HE"EP1N COUNTY, 3lINNESOTA ! ADVERTISEMENT FOR BIDS STREET LIGEETING STANDARDS WITH ORNAME!NTAL MERCURY VAPOR LUMINAIRES TEIPROVEMENT 'NO. L-8 BIDS CLOSE MAY 15, 1970 Sealed bids will be received and opened in the Council Chambers in the Edina Village Hall, 4801W. 50th St., at 11:OO a.m., Friday, May 15, 1970, and the Edina Village Council will meet at 7:OO p.m., Monday, May 18, 1970, to consider said bids for the furnishing and installation of forty-six (46) single light- ing units ULth davit type standards and ornamental mercury vapor luminaixes. Work must be done as described iwplans and specifications on file in the office of the Village Clerk. Plans and specifications are available for a deposit of $25.00 (by check). plans and specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VILLAGE 'COUNCIL. Said deposit to be returned upon return of the The Council reserves the right to reject any or all bids. FLORENCE B. J~LBERG Motion for adoption of the resolution on rollcall there were three ayes and & Woodhull's 1st Addition, on which a double bungalow is situated, and moved its adoption: TJHEREAS, Frieda Leininger and Loretta S. Johnson are the owners of Lot 1, Block 1, Nelson and Woodhull's First Additjon, -situated in the Village of Edina; and WHEREAS, said Frieda Leininger and Loretta S:, Johnson desire to divide said lot into the North one-half and the South one-half, with isrieda Leininger own- ing the North one-half and Loretta s. .Johnson owning the South one-half; and RESOLUTION I. 4/20/70 '03' 'r 1 ., IIHEREAS, said Frieda Leininger and Loretta S. ilohnson have requested approval of the Village of Edina of the conveyance and ownership of the above described land 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,will 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 in the Village of Edina Ordinance Nos. 261 and' 263-A; NOW, THEREFORE, it is hereby resolved by the.Village Council of tBe Village pf Edina that the conveyance and ownership of the above described tract -of land as two separate parcels is hereby approved and the requirements ana proyis- ions of Ordinance Nos. 261 and 263-A are hereby waived to allow said division and conveyance but only to the extent permitted underiOrdinance No. 263-A-3 and Ordinance No. 261-196 and subject to the limitations set out in Ordinance No. 261-196, but said Ordinances are not waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provi- sion that no further subdivision be made of the above described tract of land unless made in compliance witah tRe pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by those ordinances. Notion for adoption of the resolution wa As recommended by the Planning Commission, Councilman Courtney offered the following resolu- tion and moved its adoption: 1 TJHEREAS, T. R. & E. Corporation is the owner of a certain. parcel of land in the Village of Edina described as follows: That part of Lot 10, Auditor's Subdivision Number 196, Hennepin County, Minnesota, lying Westerly of the Westerly right of way line of new County Road No. 18, and lying North of the North line of Outlot 1, Sioux Trail Addition, and lying South of a line parallel with and 1010 feet North of the South line of Section 6, Township 116, Range 21 and same extended; and $?HEREAS, said owner has requested approval of the Village of Edina of the conveyance and ownership of the above described land as a separate parcel; and IJHEqAS, it has been determined that compliance with the Subdivision and Zon- ing Regulations of the Village of Edina will 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 in the Village of Edina Ordinance Numbers 261 and 263-A; NOT{, THEREFORE, it is hereby resolved by the Village Council of the 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 provis- ions of Ordinance Nos. 261 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 ordinances of the Villagesof Edina or with the prior approval of this Council as may be provided.for by these ordinances. Notion for adoption of the .resolution w ohnson and on rollcall there were three ayes and no n RESOLUTION ' . PERSONNEL ORDINANCE NO. 12A ADOPTED AT SECOND READING. redraft of 6rdinance No. 12A, setting forth a basic personnel policy. Follow- ing some discussion, Councilman Johnson offered Ordinance No. 12A, as amended, for Second Reading and moved its adoption: Mr. West presented a ORDINANCE NO. 12A AN ORDINANCE ESTABLISHING A BASIC PERSONNEL POLICY Section 1. Purpose of Ordinance. The purpose of thSs ordinance is to establish a uniform and equigable 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. 4/29/70 Sec. 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)+ Officials elected by the people. (b) Members of appointed Boards and Commissions. (c) Village Manager (d) Village Attorneys (e) Village Health Officer. Sec, 3. Powers and Duties of the Village Manager on Personnel Matters. The Village Manager shall perform duties and exercise powers concerning person- nel matters as follows: 'ordinance as he may consider necessary or desirable. (a) (b) Appoint, promote, transfer, reprimand, suspend, demote, and dismiss , Prepare and recommend to the Village Council such changes in this department heads and Village employees on the basis of fitness and merit. ness and merit may be determined by such oral,written or other examinations 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. (a) 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 Hours. 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. - 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 which employed 5 Years- or Leis 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 month 1 1/2 days per mo. 2 days per month Other Vacation leave may be accrued to a maximum of 26, days. than one (1) year's continuous service who leaves the Village employement in good sfanding and after giving proper notification shall be compensated for vacation leave accrued to the date of separation to a maximum of 26 days. Additional regulations governing the use of vacation leave and the accumula- tion of vacation leave by permanent part time employees as considered appropri- ate may be issued from time to time by the Village Manager. Fit- (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 Number of Years in Employ of Village 5/6 day per month 1 1/4 days per month 1 2/3 days per mo. Pay employee with more Sec. 6.. Sick Leave with Pay. . (a) Sick leave with pay shall be granted to all employees (with the excep- tion of. the Fire Department) at the rate of one (1) working day per calendar month of full-time service or major faction thereof. Department shall receive sick leave at the rate of 1/2 working day per calendar month of full-time service or.major fraction thereof. accumulated to a maximum of one hundred 1100)' days. Sick leave may be granted only for absence from duty because of personal illness, legal quarantine, or death or serious illness of the employee's . spouse, children, father, mother, spouse's father or mother, and resident members of the employee's household; or death of grandchildren, brother, sister, or grandparents. of death of a grandchild, brother, sister, or grandparent, the amount to be determined by the Village Manager. Additional regulations governing the use of sick leave as consid- ered appropriate may be issued from time to time by the Village Manager. retirement age of 65 ortdisability or who are permanently laid off3lia11 be granted severance pay in the amount of 1 1/2 aays pay for eacb year of service with a maximum severance pay equal to 4 week's pay. Militarv Leave and Pay. to benefits as provided in the Ninnesota Statutes, .. Section 192.26 and 192.261. A permanent employee may be granted leave of absence, with- out pay or benefits on account of sickness, disability, jury duty or other good and sufficient reasons which are considered to be in the best interests of the municipality. Such leave of absence.shal1 not exceed 90 working days unless a longer period is approved by the Village-Manager. . Members of the Fire ' Sick leave may be (b) No more than three days' sick leave may be taken in the event (c) Se'c. 7. Severance Pay. Employees who retire due to reaching maiidatory- Sec. 8. Sec. .9. Leave Without Pay. (a) Limits. All regular employees shall be entitTed+ 4/20 /70 (b) Jury Dum. l'n the case of jury duty, an employee shall receive an amount of compensation which will equal the difference between the employee's regular pay and the compensation paid for jury duty. approval of the Village Manager. the 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. lJhen employees attend schools, conferences or conventions, the cost or expenses of which are paid'inwhole or in part by the Village, they shall be requkred 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. Washington's and'Lincoln's Birthday (the third Nonday in February), Good Fri- day (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. The Village Hall shall 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 require. I€ an employee is requrred 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 determining work schedules. on Sunday, the following Monday shall be a-paid holiday, or if any of those three days falls on Saturday, the preceding Friday shall be a holiday. The Manager in his discretion, may.granh;.a holiday to individuals for the celebra- tion of certain religious Holy Days observed by their particular faith. 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 .resignation and the reason for leaving. may be considered cause for denying such employee future employment by the municipality and denying severance pay and pay for accrued vacation leave. Unauthorized absence from work for a period of three consecutive working days may be considered by the Village Manager as resignation without benefits. ' (c) Approval Required. Leave without pay shall require the advance (d) Exceptions. Attendance at official meetings, where the good of Sec. 10. Holidays. The following are paid holidays: New Year's Day, YF CIO m 03 ia 63 'When New Year's Day, the Fourth of July or Christmas Day fall Sec. 11. Resignation. Any employee wishing to leave the-municipal Failure to comply with this procedure Sec. 12. Grievance Policy. (a) employees promptly and fairly. Within the framework of existing laws and Village regulations, every effortsshall be made to adjust grievances in a manner mutually satisfactary to employees and the Village. (b) follm&d in the handling of all grievances. final, authority over any grievance. Village may be disciplined for cause. ciplinary action shall %e determined by the Village Manager. Reprimand. by his supervisor or the Village Manager whenever his performance falls below expected standards or whenever the employee is guilty of misconduct or dis- obedience in any matter. pay for disciplinary reasons. days for any one offense. inefficient performance 05 his duty, for disciplinary reasons, or for good and sufficient reasons. (d) Dismissal. Officers and employees subject to the provisions of this ordinance may be removed from Village employment by the Village Manager for cause. terminal benefits including accumulated vacation leave and severance pay. acts shall be cause for disciplinary action including reprimand, suspension, demotion or dismissal: of duty. obey an order which a superior is entitled to give and have obeyed, or refusal to do assigned work which the employee is capable of doing which has resulted or reasonably might be expected to result in loss or injury to the.municipality or to the public. I, It shall be the policy of the Village to adjust grievances of The Village Manager shall promulgate a grievance procedure Fo be The Village Manager shall have Sec. 13. Disciplinary Actions. Any employee in the service of the The method of and-procedures for dis- (a) An employee may be given an oral or written reprimand (b) Suspension. .The Village Manager may suspend an employee without Such suspensions shall not exceed 30 working -P (c) Demotion. An employee may be demoted by the Village Manager for Dismissal for cause shall be grounds for denial of the employee's I (e) Causes for Disciplinary Action. Evidence of any of the following - (1) (2) Insubordination, including, but not limited to; refusal to Incompetency, inefficiency or negligence in the performance 4/20 / 7 0 (3) (4) Repeated tardiness after warning (5) (6) Public statements which are slanderous, libelous or which tend to discredit a Village official or the Village services. Unauthorized-absence or abuse of leave privileges. 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 beverages, state or federal law while on duty without authorization by a licensed physic- ian and without written permission from the Village Manager; taking prohibited drugs ijhile 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 prahibited drugs without authorization of a licensed physician and without pritten permission of the Village Manager. (8) Wanton use of offensive conduct or language toward the public or Village officials or employees, (9) Conviction of a criminal offense or misdemeanor involving moral turpitude. 1 (40); Physical or mental defect which in the judgment of the Village Manager incapacitates the employee for the proper-performance of the duties of his position. Failure to pay or make reasonable provisions for payment of just debts due or owing by him, causing thereby annoyance to officers and employees of the Village; provided that garnishment of an employee's earnings shall hot be cause for dismissal unless the employee's earnings are subjected to four or more garnishments within a 90 day period involving more than one indebted- ness. property. Village to commit an unlawful act or to act in violation of any lawful and reasonable official regulation or order.- Conduct in private life which brings discredit upon the munici- pal service. 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. In all cases of suspension, demotion or (7) Under the influence of those drugs prohibited by municipality, * (11) (12) (13) Carlessness or negligence in the handling or control of Village Inducing or attempting to induce an official or employee of the (14) - (15) (16) (17) Sec. 14. I Ripht of Appeal. dismissal, the reasons for such action must be'presented in a dated written statement to the employee affected. Upon the employee's dated written request 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. modify the action of ghe Wnager. Sec, 15, Prohibitions. No person shall knowingly make any false state- ment, certificate, mark, rating, or report in regard to any'test, certificate or appointment held or made under the municipal persopnel 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 appointment, promotion or proposed promotion. Any emploiee 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 muhicipal, county, state or federal office holder. However, if the needs of the municipal service require, 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 solicit- ing funds for any political organization; nor in'seeking signatures to any petition provided by any law; nor in distributing badges 0% pa~hlets, dodgers or handbills of any kind favoring or opposing .any candidate for election or for nomination to a public office, whether national, state, county or municipal. If any political activity jnterferes with the -efficient performance of the employee's duties, the employee may. be disciplined under Section 13 of this ordinance. Sec, 17. This ordinance shall be in full force and effect upon its pass- age and publication. Sec. 18. Upon passage and publication of this ordinance, Ordinance No. 12 shall be repealed. Motion far adoption of the ordinance was seconded by Councilman Courtney and The Council may. affirm, overrule or . Sec. 16. Political Activity. 4/20 /7 0 on -rollrhll ihel-e-werk thzee.'ayes @ind-'n ATTEST : 8Ld,L // Village Clerk TOWNSHIP ADMINISTRATION OF RELIEF~ONTINUATION URGED. that a meeting of the Suburban Hennepin County Relief Association, members were advised that a bill has already .been drafted which would change the administration of direct relief in Hennepin County from the township form to county form. Following some discussion, Councilman Courtney offered the following resolution and moved its adoption: The Village Clerk noted RESOLUTION OPPOSING CHANGE IN THE ADMINISTRATION OF DIRECT RELIEF IN HENNEPIN COUNTY WHEREAS, since Hennepin County was first organized, direct relief has been administered under what is known as the Township System; and WHEREAS, since at least 1938 thirty-six of the municipalities located in rural Hennepin County ha+e administered direct relief under a system of contract whereby these municipalities have employed and maintained two central offices with trained personnel which conducts thorough investigations and administers relief according to standards approved by the State of Minnesota; and WHEREAS, under this system in rural Hennepin County, direct relief has been administered ably, well and satisfactorily and at a cost which is far less *than that which would have been necessarily expanded under a County System;,,and WHEREAS, the administration of such relief in Hennepin County is not fragmented and has been at all times administered in a humane, efficient and intelligent manner; and WHEREAS, it is understood athdt-an; attSmpf* dl -agafn -be made.\.to :change. khe administration of direct to alGountytj3ystem; and VHEREAS, such a change is unnecessary, undesirable, and'.costP$: NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL of the Village of Edina that sais Village of Edina is opposed to the enactment of any legis-lation which will change the present system of administration of direct relief and establish or impose a County System therefor; and BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the State Senators and the Members of the House of Representatives of the Legis- lature of the State of Minnesota, who are elected from and represent the Yil- Xage .pf E3Qna. Motion for adoption of the resolu&on was on rollcall there were three'ayes and no CLAIMS PAID. and carried for payment of the following claims as per pre-list: Fund, $30,411.72; Construction Fund, $933.68; Park, Park Construction, Swim- ming, Arena, Golf, $14,521.14; Water, $6,883.97; Liquor, $93,144.09; Sewer, $44,232.77 ; Improvements , $103.00 ; Tot a1 , $190,230.37 . Motion of Councilman Johnson was seconded by Councilman Courtney General The agenda's business having been covered, Councilman Johnson's motion for adjournment was seconded by Councilman Courtney and carried.' Adjournment at 8:OO p.m. I. gh-u Village Clerk