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HomeMy WebLinkAbout19800721_regularMINU'I IS OF THE REGULAR NEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 21, 1980 Answericg Pro Tem in the absence of Mayor Van Valkenburg. and Joan Lonsbury of the Park Board, Mrs . Leslie Turner of the Human Relations Commission, Mrs. Helen NcClelland of the Community Development and Planning Com- mission and Mrs. Alison Fuhr of the-Traffic Safety Committee. . rollcall were members Richards, Schmidt and Courtney who served as Wayor Present also were Elmes. Virginia Shaw -- MINUTES of July 7, 1980, were approved as submitted by motion of Councilwoman - Schmidt, seconded by Councilman Richards. Ayes : Pichards , Schmidt , Courtney Nays: None Motion carried. IMPROVEMENTS NOS. P-C-132 , P-WM-340, P-SS-356 AND P-BA-245 CONTINUED. There be- ing only three Council Members present, Councilwoman Schmidt's motion continuing rhe hearings on Improvement Nos. P-C-132, P-WM-340, P-SS-356 and P-BA-245 until August 4, 1980, was seconded by Councilman Richards. Ayes : Richards, Schmidt , Courtney Nays: None Motion carried. HANSON ESTATES GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Mr. Hughes pre- sented Eanson Estates for preliminary plat approval, noting that this two lot sub- division is located generally North of W. 78th Street and West of Shaughnessy Rd. He explained that the Westerly lot will be retained by the proponent for his exist- ing home and that the Easterly lot, which measures 18,700 square feet in area will have access to Shaughnessy Road and will be a new buildable lot. He recalled that, when the proponent originally applied for this subdivision in 1978 , the Planning Commission had continued the request indefinitely in that the Westerly lot did not ' have frontage on a public street, but that access is not available from Marth Road as-required by the Zoning Ordinance. and right of way for :a future cul-de-sac for the North terminus of Marth Court has been provided in the plat. Mr. Roger Evan- son, who said that he lives South of the proposed plat, was told that there zre presently no firm plans for Marth Court, but that the street may be developed in conjunction with development of the property to the West or by petition of abutting property owners. Eo objections being heard, Councilman Richards offered the fox- .. lowing resolution and moved its adoption: - . RESOLUTION GRANTING PRELIMINARY APPROVAL FOR HANSON ESTATES BE IT RESOLVED bv the Edina City Council that that certain plat entitled "Hanson .r _I -- - Estates" and presented for preliminary.plat approval by Warren E. Hanson and Sarah L. Hanson, husband and wife, be and is hereby granted preliminary approval, subject to the condition that a document be placed of record which will state that at some future date there will be aneassessment against that property when the cul-de-sac is constructed. Motion for adoption of the resolution was seconded by Couccilwoman Schmidt. Rollcall: Ayes: Richards, Schmidt, Courtney Nays: None ~ Resolution adopted. MARTIN'S FIRST ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice wsre presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented Marten's First Addition for preliminary plat approval, noting that this 5% acre tract is located generally South of W. 70th St.,. West of T.H. 100 and East of Metro Blvd. and advising that development of this plat will facilitate the completion of development for lands lying East of Metro Blvd. which was previously platted by the proponent. Mr. Hughes advised that a small portion of the property (Outlots A and B) lies West of Metro Blvd. and abuts Nine Mile Creek and, like the property to the North is currently zoned '0-2 Office District. He advised that the Community Development and Planning Comnission had recommended approval subject to the following conditions: 1) Dedication of Outlots A and B to the City for open space and right-of-way purposes; partial credit toward the subdivision dedication requirement ; and 3) that a ten foot wide utility easement be granted along Metro Blvd. on the unplatted portion of the subject property. Two gentlemen in the audience identified themselves as the proponents. In response to a question of the Council, Mr. Hughes explained . I 2) that the dedication of Outlots A and B receive CITY OF EDINA In the Matter of an Appeal from . a Decision by the Board of Appeals ' and Adjustments Concerning the . Petition for Variance by S & B Partnership, 5908 Vernon Avenue, for Part of Lot 7, Block 2, Mirror Lakes Meadow Wood Second Addition to Edina Highlands (B-80-23) _.. .. . .. FINDINGS, DECISIONS, AND REASONS The above entitled matter was heard before the City Council of the City of Edina on July 21, 1980 and August 4, 1980. Mr. Timothy Whitten representing S & B Partnership ("Proponent") was present. Ms. Dorothy McIntyre, 5540 Dundee Road ("Appellant") was present. Mr. Norman Stewart, 5607 Heather Lane and Ms. Sylvia Logerquist, 5540 Dundee Road were also present. ' Council having heard and reviewed all of the facts, evidence and arguments presented by the Appellant, the Proponent,' the proximate property owners and City staff and having heard and reviewed the evidence and law adduced by the Appellant, the Proponent, the proximate property owners, and City staff and being fully advised, after due consideration, hereby makes the following The Edina City 8 FINDINGS OF FACT 1- The Proponent, on May 30, 1980, submitted a Petition . for Variance (Case No. B-80-23) for a proposed single family .' dwelling to be located on the following described parcel (the' "Sub j ec t Property 'I ) .. All that part of Lot 7, Block 2, MIRROR LAKES * Hennepin County, Minnesota,. lying Southerly of the following described line: east corner of said Lot 7; thence'southerly along the Easterly line thereof a distance of 156.00 feet to the actual point of beginning of the line to be described; thence Westerly at right angle to the said Easterly line to an intersection with the Westerly line of said Lot 7 and there terminating, MEADOW-WOOD.SECOND ADDITION TO EDINA HIGHLANDS, Commencing at the North- . 4 t The Petition for Variance .(the "Petition") requested a 31 foot lot depth variance and a 28 foot front yard setback variance. liminary site plan, boundary survey, and elevation drawings were L A pre- submitted by the Proponent in support of the Petition. 2. According to Edina Ordinance No. 811, the Zoning Ordinance, single family dwelling lots must have a minimum mean lot depth of 120 feet. The mean lot depth of the Subject Property was computed by City staff to be 89 feet. Therefore, a 31 foot lot depth variance was requested by the Petition. According to the Zoning Ordinance, new single family dwellings must maintain a front yard setback of at least 30 feet. However, the front yard setback must be increased to the average front yard sktback maintained existing single family dwellings 'fronting on the same street as the proposed dwelling and located between intersecting streets. The average setback of such existing dwellings was computed to be 58 feet. requested by the Petition. Therefore, a 28 foot front yard setback variance was 3. The Edina Board of Appeals and Adjustments (the "Board") considered the Petition at a public hearing held on June 19, 1980. The Board.heard testimony from the Proponent and prop- erty owners residing in the vicinity of the Subject Property. The Board thereupon granted the variances requested by the Petition based on the following reasons: a) The development plans are desireable and appropriate for the site and should not be detrimental to the public welfare or injurious to other property in the vicinity. . b) The proFosed variance will preserve a substantial property right to permit a reasonable use of the land. c) .The proposed varian'ce.wil1 correct extraordinary circumstances that apply to the property. -2- The Petition 'was approved with the following conditions: 'a) The variance is limited to the plans presented. b) A landscaping plan for-the berm is approved by the planning staff prior to the issuance of a building permit. c) utility easement to allow connection to sewer and water in Dundee Road. The developer provides documentation of the reauired d) The sewer and water connection charges are paid . prior to issuance of a building permit. 4. On June 24, 1980, The Edina City Clerk received a letter from Mr. Norman E. Stewart, 5607 Heather Lane, Edina, which letter constituted an appeal to the Edina City Council from the decision of the Board granting the variances requested by the Petition. On June 27, 1980, the Edina City Clerk also received a letter consitiuting an identical appeal as above noted from Ms. Dorothy E. McIntyre, 5540 Dundee Road, Edina. Both appeals were duly and properly filed in accordance with the Edina Zoning Ordinance. 5,. On July 7, 1980, the Edina City Council set a hearing date to consider the above appeals for July 21, 1980. 6. On July 11, 1980, the.Edina City Clerk received a letter from Mr. Norman E. Stewart which letter constituted an abandonment and withdrawal of his appeal which was filed on June 24, 1980. 7. On July 21, 1980, the Edina City Council conducted a public hearing regarding the appeal from the Board's decision relative to the Petition. The City Council received testimony from the Proponent, reviewed plans presented by the Proponent, received testimony from the Appellant and also receive.d testimony from Mr. 'Normzn E.. Stewart even though' -3- -. 8 he had withdrawn his appeal. The Appellant testified that she objected to .the Board's decision because the variance as granted L - were excessive and severe, the proposed dwelling which would be constructed pursuant to the variances would be too large for the Subject Property, and due to the elevation of the Subject Property, the proposed dwelling would'be located at a higher relative elevation as compared to her property thereby reduchg privacy and increasing undesirable impacts. Mr. Norman E. Stewart testified that he would attempt to purchase the Subject Property and construct a dwelling which would not only respond to his personal health needs, but which would also provide a dwelling more compatible with sur- rounding properties. The Council thereupon continued the hearing to August 4, 1980, and ordered the preparation of Findings of Fact. 8, The Subject Property measures 10,856 square feet in area. The Subject Property fronts on Vernon Avenue. The south property line measures approximately 140 feet, the east property line measures approximately 50 feet, the north property line mea- sures approximately 122 feet, and the west property line measures , approximately 120 feet. is computed to be 89 feet. The mean lot depth of the Subject Property 9. The Subject Property was established as a separate parcel of property in 1971 by way of a subdivision of Lot 7, Block2, Mirror Lakes Meadow Wood Second Addition. The record of this sub- division indicates that the Planning Cornmissison and City Council may have believed in 1971 that the Subject Property which was created by the subdivision complied with the standards of the Edina The Subject Property in fact did not comply with * Zoning Ordinance. ~. -4- the Edina Zoning Ordinance relative to lot depth, the Planning Commission and City Council did approve the subdivision Nevertheless, thereby creating the Subject Property with the understanding that the Subject Property did comply with .the Zoning Ordinance. 10. The Edina Zoning Ordinance specified a minimum front yard setback of 30 feet. However, in this case, a dwelling located on the Subject Property.would have to maintain at least the same front yard setback as the existing dwelling fronting on Vernon Avenue and located directly to the west of Subject Property. Due to this requirement, a front yard setback of at least 58 feet I is required. 11, The Proponent.'s site plan illustrated a two story single family dwelling for the Subject Property. A 30 foot front yard setback for the dwelling is proposed. Side yard, rear yard, lot coverage, building height and all other standards imposed by the Edina Zoning Ordinance are met by the proposed dwelling. The site plan for the proposed dwelling also illustrates a land- scape berm for the dwelling along Vernon Avenue and a driveway 'turn around to avoid automobiles backing onto Vernon Avenue. Therefore, based upon the foregoing Findings, the City Council does hereby make the following DECISION : The appeal of Dorothy E. McIntyre frgm the decision of i the Edina Board of Appeals and Adjustments relative to the Petition .. -5- for Variance.b’y S & B Partnership is hereby denied and said decision by the Board of’ Appeals and Adjustments is hereby affirmed. L 8 The above decision is made for the following REASONS : A. The variances as granted by the Board will relieve an undue hardship which was not self-imposed and.is not a mere convenience relative to the development of the Subject Property. With respect to the lot depth variance, the Subject Property was duly created by a subdivision approked by the City of Edina in 1971. The lot depth deficiency was affirmed by the City of Edina and not imposed or created by the Proponent.’ Likewise, the front yard setback variance is necessitated by the setback maintained by the dwelling to the west. The Proponent has no control over this setback requirement. No facts have been submitted and none are known which show that the Proponent can comply with setback and lot depth requirements and the variances granted are merely a convenience. B. The variances as granted by the Board will correct extraordinary circumstances applicable to the Subject Property, but not applicable to other property in the vicinity or zoning district. The lot depth deficiency is indeed a unique and extra- ordinary circumstance that can oniy be reasonably corrected by a variance. The front yard setback requirement is extraordinary in that it is dictated by the dwelling to ifs west which maintains a setback of nearly twice that required by the Edina Zoning -6- Ordinance. Other properties in the vicinity or zoning district are not so encumbered. L C. The variances as. granted by the Board will preserve a substantial property right possessed by other property in the vicinity and zoning district. The property right to be preserved is the Proponent's right to make a reasonable use of the Subject Property. A reasonable use of the Subject Property is for the construction of one single family dwelling thereon. The variances as granted allow for such a reasonable use. 1) The requested variances will be necessary for any single family dwelling erected on the Subject Property. Without the variances, the site could not be developed for the, purpose allowe'd in the zone in which the Subject Property is located. D. The variances as granted by the Board would not be materially detrimental to the public welfare or injurious to other property in the vicinity or zoning district. The variances would allow the construction of a single family dwelling in a neighbor- hood dominated by single family dwellings. The proposed use would e thus be compatible with surrounding uses. The proposed dwelling would maintain a front yard setback which complies with the minimum and normal setback for single family dwellings in the vicinity and zoning district. Therefore, the proposed dwelling would not appear unusual or out of character relative to-the front yard setback. a The proposed dwelling would maintain a proper and desireable spacing between other dwellings in the vicinity. The front yard setback will not adversely affect the.property to the west. Also, the height of the proposed structure is not unusual and is common in the vicinity .. -. of the Subject Property. -7- 71 2 1/80 0 o-) -3 5 .a that the height of buildings in the 0-2 Office District is governed by the set- back and that the proposed office building might be similar to the 7-story Rym office building. He assured the Counc-il that Outlots A and B are not buildabk lots. No objections being heard, Councilwoman Schmidt offered the following resolution and moved its adoption: RESOLUTION GRANTING PRELIMINARY APPROVAL MARTEN ' S FIRST ADDITION EE IT RESOLVEE by the Edina City Council that that certain plat entitled "Marten's First Addition" developed by S1.B.S. Construction and presented at the Edina City Council Meeting for preliminary plat approval on July 21, 1980, be and is hereby granted preliminary plat approval, subject to conditions set forth by the Com- munity Development and-.Planning Commission. Motion for adoption of the resolution was seconded by Councilman Richards. ' Rollcall : Ayes: Richards, Schmidt, Courtney Nays: None Resolution adopted. LOT 7, MIRROR i!,AKES, MEADOW WOOD SECOND ADDITION EDINA HIGHLANDS APPEAL FROM BOARD OF APPEALS AND ADJUSTMENTS DECISION CONTINUED TO AUGUST 4, 1980, COUNCIL MEETING FOR FINDINGS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Board of Appeals and Adjustments approval of a 31 foot lot depth variance and a 28 foot front yard setback variance for Lot 7, Xirror Lakes Meadow Wood, Sec- ond Addition, Edina Highlands (5908 Vernon Ave.) had been appealed by Mr. Nor- man E. Stewart, 5607 Heather Lane, and Ms. Dorothy McIntyre, 5540 Dundee Rd. Mr. Hughes recalled that on June 21, 1971, Council had approved the lot division creating the lot in question as a buildable lot, but that the survey which was submitted after Council approval illustrated a lot depth which was less than a previous graphic, causing the lot to be smaller than the minimum lot standards required by ordinance. Mr. Hughes explained that S & 3 Partnership proposes to build a single family dwelling facing Vernon Ave. Council's attention was called to the fact that Mr. Stewart had withdrawn his appeal, but, in so doing, had said that his architect had said that a one-story single family residence would be more suitable in design for the lot than the dwelling proposed. Mr. Stewart said that, because he and his wife should live in a one-story house because of health problems md dc not want to leave the neighborhood, he had tried to pur- chase the property and build a one-story L-shaped house thereon. Mr. Hughes recalled that the Board of Appeals and Adjustments had granted the variance, subject to the following conditions: plans presented; 2) that a landscaping plan for the berm is approved by the . Planning staff prior to the issuance of a building permit; provide documentation of the required utility easement to allow connection to sewer and water in Dundee Road; and 4) are paid prior to issuance of a building permit. Mr. Hughes also advised that the variances had been recommended for the following reasons: 1) development plans are desirable and appropriate for the site and should not be detrimental to the public welfare or injurious to other property in the vicinity; posed variance will preserve a substantial property right to permit a reasonable use of the land; 3) the proposed variance will correct extraordinary circum- stances- unique to the property and strict enforcement of the ordinance will cause undue hardship. Mr. Timothy Whitten, representing S & B Partnership, showed a drawing indicating the way the proposed house would set on the lot and said that there would be-approximately 30 feet from the ground to the top of the house and that the house is compatible with others in the area. that she will be living in "the bottom of a bowl" with a 2% story house on top of the hill and urged that the variances be denied. In response to a question of Councilwoman Schmidt, Mr. Hughes said that he believes that the variances are proper in terms of the restraints of the lot and that it would be difficult to develop any dwelling on the Ibt without these types of variances. Schmidt said that she did not think that there should be any objection as to the height of the house or as to how the house sets, inasmuch as Indian Hills area properties with similar situations have held up in value. Councilman Richards said that he believed that the Council must take into account that the subject property has been a buildable lot since 1971 and that the impact on the neigh- borhood might be greater with a one-story dwelling which would require greater' variances. Ee theri moved that the matter be continued to August 4, 1980, SO that the staff could prepare Findings, Decisions and Reasons in favor of grant- ing the variances for review and decision by the Council. by Councilwoman c23imidt. Mr. Hughes advised Council that the I) that the variance is limited to the 3) that the developer that sewer and water connection charges . 2) the pro- Ms. McIntyre objected Councilwoman Motion was seconded Ayes: Richardm, Schmidt, Courtney Nays: None Motion carried. I 7/2 1/80 -- 116 In response to a request of Mr. Stewart that his alternate plans also be con- sidered, Mr. Erickson said that the Council must respond to the question of the variances before getting into a second question. lfr. Stewart asked that a copy of these Minutes be sent to him. Decisions and Reasons would also be sent to him as well as to Ns. McIntyre and to the proponents. . He was advised that copies of the Findings, .- BREDESEN PARK/PUD LAKE PA~GY IMPROVEMENT PROJECT CONTINUED TO AUGUST 4, 1980. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes advised Council that the purposes of this hearing are 1) to reaffirm the City's .1977 petition to the Nine Mile Creek Watershed District to undertake and implement this project and 2) to review the Watershed District Engineer's Report concerning this project which includes preTiminary plans and cost estimates. He said that Council actions at this hearing could include approval of the Engineer's Report as proposed and authorization to the Watershed District to proceed with the project, a request that preliminary plans be revised, or rejection of the project and recision of the 1977 petition. He explaine'd that if the project is rejected, the City will have to repay the Watershed District for costs incurred to date. Mr. Hughes explained that, although this hearing is not required by .law, notices have been mailed to owners of property located within 500 feet of the park. park, Mr. Hughes'said that he believes the plan to be excellent and that the City should t'&e advantage of the cost sharing policy of the Watershed District. response to frequently noted criticism that the proposed parking lot and main entrance to the park at Olinger Road and Olinger Blvd., Mr. Hughes said that 1) The parkirig lot must be located by the main (and only) entrance to the inter- ior of the park. Only one entrance is recommended, based on advice from past con- sultants and codttees. The main entrance is proposed OR Olinger Road because , of the natural features of the park in this location. This portion of the park includes the existing house and diversity of habitats such as woodlands, wet- laads and prairie. 2) The only other parking lot and main entrance location that would reduce the impact on surrounding homes would be off Gleason Road, with a small parking lot proposed at this location to serve joggers and others desiring to use only the perimeter trails. because the entrance to the interior trails would then be located as far as pos- sible from the most interesting portion of the park, this location would be less desirable from a traffic safety standpoint, bikes and pedestrians would find it more difficult and it would be unsafe to reach the main entrance if it were off Gleason Road, ad a large parking lot would be more difficult to build at this location due to topography and soil condit<ons. Note was made of a letter from Ms. Janet Fredrickson, 6112 Ridgeway Rd., urging that the park be kept as natural as possible. Mr. Hughes said that the Mud Lake Task Force and the Park Board had concurred with the recommendation which will retain watsr in the park before go- ing into Nine Mile Creek. bicycle path, providing for a second narrower bituminous path, to finish the fencing, construct interior trails, erect benches and signs at various locations. Mr. Hughes added that there will be drinking fountains, a comfort station and two parking lots for fifty cars which can be expanded to take care of 100 cars. An unidentified gentleman Zn the audience suggested that a path be constructed across the path for those who do not want to walk the 2% mile trail. Mr. Hughes advised Mr. Wayne Sweet of Village Nine, who favored a plan with a larger,Iake,that a control structure will be built adjacent to the floating bog. Mr. Fred Schmid of Schaefer Rd. was told that it will be less expensive to have two good paths. $1,000,000 project for about $300,000. were Mr. Robert Johnson, Mrs. Jennifer Loeper, 6008 Olinger Blvd., and Mr. JZm-: Purcell, 6105 Olinger Blvd. Mr. Ed Griffin, 6105 Sherman Circle, suggested that one-way streets be designated inside the park and was told that the Traffic Safety Committee will continue to study traffic safety in the park. Mr. John Brooks, 6124 Arctic Way, suggested elongating the parking lot to hold 18 cars and sa-id that he believes that drinking fountains would be an unnecessary luxury. The suggestion was made that drinking fountains should not be across from my- ones' home. Mr. Walter Moore , 5920 Olinger Blvd. , was told by lfr. Hughes that no hours have been established for use of the park. Mrs. Michael 3. Kelly, 5509 Chantrey Road, representing the League of Women Voters, said that tTk Leaguy is pleased that the Council is considering this improvement to the park. I- Following his review of the history of the In ' Mr. Hughes recommended against enlarging this parking lot I He said that plans call for upgrading the existing Mrs. Alison Fuhr was told that the City would be getting a Objecting to the proposed parking lot I Mrs. Beverly Johnson, 5916 Olinger Blvd., was told that the access road to the parking lot would be 24 feet. naturalist be hired to study habits of deer which she bas seen in the area of- Olinger Blvd. and Olinger Rd. Ms. Dee Chance, 5804 Olinger Rd., said that there should only be outside trails in the park. No further discussion being heard, . . Mrs. Nancy Springer, 5809 Jeff Place, suggested that a .- 7/21/80 it was informally agreed to continue the hearing to Augus- 4, 1980, for considera- tion by the full Council. REGENCY 1ST 'ADDITION APPROVED AGAIN UNDER NAME OF EDINA REGENCY 1ST ADDITION. Being advised by Mr. Hughes that since Regency 1st Addition had been grantec! final plat approval on August 6, 1979, the name had been changed to Edina Reg- ency 1st Addition, Councilwoman Schmidt offered the following resolution and moved its adoption: RESOLUTION GRANTING FINAL PLAT APPROVAL FOR EDINA REGENCY 1ST ADDITION BE IT RESOLVED by the Edina City Council.that that certain plat approved by this Council on August 6, 1979, under the name of Regency 1st Addition, is now approved under the name of Edina Regency 1st Addition. Motion for adoption -of the resolution was secorided by Councilman Richards. Ayes : Richards , Schmidt , Courtney Nays': None Resolution adopted. PLAYGROUND EQUIPNENT FOR WEBER PARK BID AWARDED. of two bids for playground equipment and installation of said equipment for Weber Park. at $24,989.00 with Bob Klein & As'sociates bidding $23,422.00. Being advised that the low bid did not include five items included in the specifications, Councilman Richards' motion for award to recommended bidder, Earl F. Anderson SI Associates, Inc., for $24,989.00 was seconded by Councilwoman Schmidt. Ayes : Richards , Schmidt , Courtney Nays: None Motion carried. Mr. Rosland presented tabulation Tabulation showed Earl F.' Anderson & Associates, Inc., WEBER PARK C'VRBING BID AWARDED. Mr. Rosland presented tabulation of bids for curb- ing around approximately 400 feet of the playground area at Weber Park. 'Tabula- tion showed Blacktop Service at $5.50 per foot, with Matt Bullock Construction Go. bidding $7.00 per ,foot. Councilman Richards' motion for award to recommended low bidder, Blacktop Service, at $5.50 per foot was seconded by Councilwoman Schmidt.. Ayes : Richards , Schmidt , Courtney Nay.s: None Mot ion' carried. LEWIS PARK PATH BID AWARDED. Mr. Rosland presented tabulation of two bids to shape and surface the path at William Wardwell Lewis Park with asphalt. showed Blacktop Service low bidder at $27.00 per ton, with Matt Bullock Construc- tion Co . bidding $30 .OO. low bidder, Blacktop Skrvice at $27.00 per ton for approximately 300 tons, was seconded by Councilman Richards. Tabulation Councilwoman Schmidt's motion for award to recommended Ayes : Richards , Schmidt , Courtney Nays: None Mot ion carried. GRANDVIEW LIQUOR STORE COILS FOR COOLER BID AWARDED. Hr. Rosland presented tabu- lation of two bids for two coils for the Grandview Liquor Store cooler. Tabula- tion showed Tem-trol Corporation low bidder at $1,110.00, with National Tempera- ture Control Centers, Inc. bidding $1,434.00. Councilwoman Schmidt's motion for award to recommended low bidder, Tem-trol Corporation, at $1,110.00, was seconded. by Councilman Richards. 1 I Ayes: Richards, Schmidt, Courtney . Nays: None Mot ion carried. ,, , t FIRE DEPARTMENT AERIAL LADDER DRIVE SHAFT RETARDER BID AWARDED. Mr. Rosland pre- sented tabulation of one bid for a drive shaft retarder for the Fire Department aerial ladder, advising that Interstate Diesel is the sole source of the product locally. Councilman Richards' motion for award to Interstate Diesel for a maxi- mum cost (depending on installation time) of $3,992, was seconded by Councilwoman Schmidt. 1 Ayes : Richards , Schmidt , Courtney I Nays : ' 'None ! Mot ion carried. TRAFFIC SAFETY COWTTEE MINUTES REVIEWED. installation of a NO PARKING MON-FRI, 7 A.M.-5 P.M. sign on the North side of W. 70th Street between Tracy Avenue arid Hillside Lane and also approving a further meeting with Edina and Eden Prairie School District officials to attempt to resolve the parking questions on the South side of W. 70th Street adjacent to Mayor Pro Tem's motion approving the 7/2 1/80 Cahill School, and accepting the remainder of the minutes, was seconded by Councilwoman Schmidt. Ayes : Richards, Schmidt, Courtney Nays: None - Motion carried. BiCYCLE LICENSING ORDINANCE NO. '1421-A1 TO BE CONSIDERED ON AUGUST 4, 1980. Being advised that the Police Department has recommended the adoption of Minnesota Statutes, Chapter 168C, which requires the licensing of bicycles, Councilwoman Schmidt's motion was seconded by Councilman Richards, directing the City Attorney to draft an appropriate ordinance for consideration at the Council Meeting of Aug- ust 4, 1980. Ayes : Richards , Schmidt; Courtney Nays: None Mot ion carried. I 6ISE ORDINANCE NO. 1032 AMENDMENT TO BE CONSIDERED AT LATER DATE. that Noise Ordinance No. 1032 provides that Section 3 requires a written permit Being advised from the City Council for certain sound reproducing devices , Councilwoman Schmidt's motion was seconded by Councilman Courtney, directing the City Attorney to draft an appropriate ordinance amendment for consideration by the Council at a future date. Ayes : Richards , Schmidt, Courtney, Nays: None . Motion carried. I INDUSTRIAL REVENUE BOND GUIDELINES DISCUSSED. ' Council was reminded to send its reco~nm2ndations as to Industrial Revenue Bond guidelines to the City Manager or to the City Attorney. No formal action was taken. TAX FORFEITED LAND POLICP CHANGE OPPOSED BY COUNCIL; LETTER OF OPPOSITION TO BE TRANSXITTED TO COMMISSIONER KREMER. Council reviewed a letter drafted by the City Attorney to be sent to Commissioner Kremer expressingppposition to proposed changes in the County's tax foafeited land policy and directed that the letter be transmitted to the Commissioner. No formal action was taken. ECGLfi-G 2. DbTF STILT SETTLEXENT AGXEEEENT APPROVED. Mr. Rosland recalled that Rolland J. Duff and Lois M. Duff had brought suit for property damage against the City in District Court arising out of a claimed instance of flooding in their home on August 30, 1977. Duffs, the City apd the insurance company 'and recommended that the agreement be approved. the City' Manager was seconded by Councilman Richards. I He advised that an agreement has been reached between'the - Councilwoman Schmidt's mofion approving the settlement as described by Rollcall : Ayes: Richards, Schmidt, Courtney Nays: None No tion carried CABLE TV MORATORIUM REQUEST BY NATIONAL LEAGUE OF CITIES NOTED. Council's atten- tion was called to a letter from the National League of Cities requesting the City to support a national moratorium on cable television franchising until "the cable industry recognizes certain basic standards of performance prescribed by state and local government". WATER BILLING DISCOUNT DATES DISCUSSED; CONTINUED TO NEXT NEETING. Mr. Rosland called Council's attention to a letter from Nr. W. Jerry Streeter, 6712 West Trail, objecting that the City only gives 16 to 19 days after which a resident I loses .the discount if a water bill remains unpaid. informally decided to continue the matter to August 4, 1980, for consideration by the full Council. FAIRVIEW SOUTHDALE HOSPITAL NURSING REFERRALS DISCUSSED. Councilwoman Schmidt recalled that on June 16, 1980, the Council had discussed a possible conflict of interest of a social worker at Fairview Southdale Hospital and that the City Man- ager had been directed to call Mr. Kirby Erickson and tell him of the Council's concern. Councilwoman Schmidt reported that a conflict of interest had existed but that action has now been taken to insure that such a problern will not be repeated. No action was taken. - No action was taken. Following discussion, it was I OILING PETITION RECEIVED. Councilman Richards' motion was seconded by Council- woman Schmidt, directing that the petition for oiling the street (which is used as a driveway) adjacent to 3913 W. 48th St. be referred to the Engineering Depart- ment for processing. 7/21/80 119 Ayes : Richards , Schmidt , Van Valkenburg Nays: None Motion carried. RECORDS RETENTION SCHEDULE ADOPTED. Mr. Rosland presented a Records Retention Schedule which had been developed by a committee of the Minnesota Clerks & Finance Officers Association and approved by the Director of the Minnesota Historical Society, the Department of Administration, the State Auditor and the State Attorney General. Councilwoman Schmidt thereupon offered the following resolution and moved its adoption, noting the following- exceptions made by the Minnesota Histori7 cal Society: 1. until the Division of Archives and Manuscripts of the Minnesota Historical Society has received a certified copy of a City Council resolution indicating that the City has officially adopted the schedule; 2. It is understood that materials listed as permanent., but not listed as eligible for transfer to the State Archives, cannot be destroyed without receiv- ing approval of an amended schedule or of an "Application for Authority to Dis- pose of Records" (PR-1 form). 3. For all records destroyed according to this schedule, the municipality must submit an annual report to tfie State Archivist ,listing the types and quantity of records destroyed: WHEREAS, M.S. 138.163 reads as follows: No destruction of any municipal records may occur according to this schedule RESOLUTION ADOPTING RECORDS RETENTION SCHEDULE "It is the policy of the legislature that the disposal and preservation of public records be controlled exclusively by Chapter 138 and by Laws 1971, Chapter 529, thus, no prior, special or general statute shall be construed to authorize or prevent the disposal of public records at a time or in a manner different than prescribed by such chapter or by Laws 1971, Chapter 529 and no general or special statute enacted subsequent to Laws 1971, Chapter 529 shall be construed to authorize or prevent the disposal of public records at a time or in a manner different than prescribed in this chapter or in Laws 1971, Chapter 529 unless it expressly exempts such records from the provisions of such chapter and Laws 1971, Chapter 529 by special reference to this section."; and WHEREAS, the Minnesota Clerks and Finance Officers have developed a standard records retention schedule for records common to most Minnesota municipalities which has been approved by the Minnesota Department of Administration, the Minnesota Historical Society, the Minnesota State Auditor and the Minnesota Attorney General ; and WHEREAS, the .classification of records as herein described are included in the above mentioned Records Retention Schedule; NOW, THEREFORE, BE IT'RESOLVED that the Edina City Council does hereby adopt the approved records retention schedule developed by the Minnesota Clerks and Finance - Officers as follows : ADMINI STRATION Affidavits of Publication (Of General Nature) Agenda Packet Agendas Annexation Records - Petitions , Correspondence Affidavits of Publication, Ordinances and Public Hearings Annual Keports Application to Vacate Public Right-or Ways Articles of Incorporation Attorney's Opinions Bids and Quotes Tabulations Bills of Sale Census Reports Certificate of Incorporation City Newsletters Complaints - General, Service , Maintenance , Repair , etc. Copyrights (Until Superceded) Department Reports Monthly , Semi-Anrzual Annual Summary or Received Federal Agencies - Correspondence, Reports Submitted Gen er a1 Correspondence Historical Data/Photographs Incorporation Records Index to Piles *. .. .. 8 \.-. Permanent Permanent * 1 Year Permanent * 7 Years * ' Permanent Permanent Perman en t 10 Years 6 Years Permanent Permanent. Permanent' * 3 Years After Permanent ' Action Completed 5 Years 5 Years Permanent * Subject to Federal 1 Year Permanent * Permanent Same Retention as file Requirements 7/21/80 ' Lawsuits Legal Opinions and Records Liens Main t enace Records -_ Building Vehicles Equipment Memorandums Minutes - Council, Special Boards, Committees and Commissions :. . Notice of Meetings Oath of.Office - Elected or Appointed 'Ordinances (Proposed but Not Adopted) Ordinances and Resolutions Signed '(Originals). - Organization Charts . Petitions Press Releases Pro clamat ions Affidavit of Publication Public Hearing Records (Of General Nature) Record Disposal Sheet - Shows date, type of record Reference Materials and by whom destroyed Special Committee Reports State Agencies - Correspondence ad Reports Submitted Street, Alley and Easement Vacation Files Street Name Change (Not Approved) Wage Assignments ASSESSING Af f idaTiit s Applications for Classification Building Plans Classification Lists Correspondence Current Tax Lists Deferment Applications Divisions and .Combinations Parkland Dedication Valuations Petitions - Valuations Project Files - Special Assessments Property Record Cards \ Receipts - Special Assessments Sales Sales Studies Search Copies. Special Assessment Project Approvals and' Special Assessment Rolls - Special Benefit Valuations Tax Abatement and Affidavit c Trial or Stipulation Records (Including Appraisals) Valuation Lists 7 Years After Settlement- Permanent 10 Years After Ex- pir a t ion .. Length of Ownership + 6 Years Length of Ownership . +'After Audit Length of Ownership + After Audit . 2 Years Permanent * 5 Years 7 Years After Ter- mination or . . Retirement I 2 Years Permanent * Permanent 5 Years 1 Year 1 Year After Recorded 2 Years After Re- in Minutes corded in Minutes Permanent Retain as Long as of Administrative . Value. (Yearly 'I Review) 3 Years * Subject to State ._ Requiremeats After Filing of I Proceedings 2 Years 6 Years . 3 Years 3 Years 1 Year 1 Year 3 Years 2 Years Until Deferment is 5 Years 5 Years 5 Years Permanent Permanent - Until permanent 1 Year Permanent 1 Year Permanent Life of Assessment + Audit 3 Years 2 Years 3 Years Removed Superceded I . .- BONDS Bond and Interest Coupon Register Bond Sale Transcripts 6 Years Maturity of Issue 7/21/80 121 Cnncell.ed/Paid Bonds and Coupons 6 Years After Issue is Paid Performance and Payment Bonds, License' and Permit Bonds, Surety Contractor License Bonds, Fidelity and Appearance Bonds BUILDING INSPECTIONS . Building Blueprints Building Permits Contractor ' s License Applications Inspection" Reports Other Construction Permits Property Record Cards CONTRACTS Accepted Contracts and Agreements - Bids and Specifications for Capital Improvements Accepted Contracts & Agreements - Bids and Specifica- tions for.Services and Supplies c\I 0 cn -3 .a . Deeds of Easement Deeds to Municipal Property Francises Granted by Municipality a Land Trust Property Record ' Leases of Municipal Property to Others . Leases of Property by Municipality .. Rejected Bids, Contracts and Supporting Papers Titles to Municipal Vehicles and Equipment ELECTION Abs&tez Ballots Ahtract of Election Returns ~ .. Active Registrations Inactive Registrations Candidate Affidavit of Election Expense & Contribution Certificates of Election Completed Voting Ballots Declaration of Candidacy Deleted Registration Cards Election Boundaries and Precincts Flag Certificate Nominating Petit ions Precinct Books (from County) Precinct Map/Election Boundaries Poll Books Purge Lists Registration Cards/Poll List - Inactive Rejected Ballots Return Reports: Tally Sheets Voting Certificates 1 FINANCIATJACCOUNTING Accounts Receivable (Copies of Billings Accounts Receivable Journal Annual Financial Budget Appropriation Ledgers Appropriation Ledger Statements 6 Years Permancn t Permanent * 6 Years 1 Year 6 Years Permanent 6 Years After Ex- piration of Contract , 6 Years After Completion of Audit Permanent Permanent 5 Years After Can- cellation or Completion of .Franchise 6 Years 5 Years 5 Years After Can'- cellation or Expiration of Lease 6 Years Length of Ownerhip + After Audit 1 Year Permanent * Pemahent 1 Year 1 Year 1 Year 1 Year Unless Elec- tion Contested 1 Year 1 Year Permanent * I kear 1 Year 1 Year Permanent * Permanent * 1 Year 1 Year 1 Year Unless Elec- tion Contested 1 Year 1 Year Unless Elec- 1 Year 'tion Contested 6 Years 6 Years Permanent * 6 Years After Fiscal Audit by City Engaged Auditor 7/2 1/ 80 Audit Reports Bank Statements Rillings Statements (i.e. Utilities) Cancelled Checks Cash Receipt Analysis Check Stubs City Financial Audit Report as Audited City Financial Monthly Report Clerk's Receipts (Copy) Clerk's Register of Disbursement Clerk's Register of Receipts (Original) Daily Cash Report Depo sit Slips Disbursement Classification Ledger Encumbrance (Orders Issued) Expenditure Rep0 r t s General Journal General Ledgers Inventories - Equipment Liquor Store Records Xonthly Budget Report Monthly Treasurer's Report Paid Invoices and Claim Vouchers Park Board Activity Registration Forms Real Estate Receipts Classification Ledger Receipts and Receipt Books - Duplicate Receipt Books Record of Daily Cash Receipts and Deposit Slips Register of Receipts (Original) Register of Receipts (Duplicate) Requisitions and Purchase Orders (Original) Requisitions and Purchase Orders (Duplicates with Savirigs Account Book Travel Expense Records Treasurer's Receipts (Original) Verified Account and Invoices Vouchers Work Orders Dep ar men t ) Permanent * 6 Years 6 Years 6 Years Aster Fiscal Audit . 6 Years Permanent * 2 Years 6 Years Permanent * Permanent 6 Years- 6 Years Permanent (If wc- film, Transfer Hard Copy to Archives) 6 Years After Fiscal Audit Permanent Permanent 6 Years or two Years After Life of Equipment , Whichever is Longer 6 Years 2 Years 2 Years 10 Years 2 Years Permanent +ernanent 6 Years 6 Years Permanent 6 Years 6 Years 2 Years 6 Years 6 Years 6 Years 10 Years . 6 Years 6 Years INSURANCE Automobile Insurance Employee Dishonesty Bonds Fire Insurance or other Insured Perils General Liability Insurance .. . Indemnity Insurance I Worker Compensation Records PAYROLL Cancelled Checks Contract - Employee Employee Payroll Journal Employee Payroll Ledgers 6 Years After Policy has expired except those involving a Minor, save until Minor is 21. 6 Years 2 Years After Expir- ation of Policy 6 Years After Policy has Expired, except Those Involving a Minor Save Until Minor is 21 6 Years After Expira- tion of Policy 6 Years After Policy Has Expired, except those involving a Minor Save until a ZBnor is 21. I 6 Years ' 6 Years Permanent Permanent 7/21/80 123 Garnishments Hospitalization Monthly Insurance Premium Report Insuraiice Claim Payment Records as Reported by Leave of Absence Payroll Worksheets Personnel Record Card (History of Employment 'j PERA Reports Quarterly Payroll Reports . Time Sheets United Fund Authorized Deduction Vacation and Sick Leave Slips/Reports W-2 Forms (Duplicate copy Worker Compensation Reports Ins ur an c e Company . Minnesota Witholding Report I I cu 0 m -3 a a PERMITS AND LICENSES Bicycle and Vehicle License or Permit Business Licenses Business License Applications Pet and Animal License or Permit If License is Refused or Rejected Refused or Rejected Applications To Hold Public Gatherings or Parades To Sell Intoxicating and Non-Intoxicating Liquor To Solicit Money for Various Causes TO Use Public Parks, Streams, Docks, Etc. 6 Years 4 Years 6 Years Permanent 10 Years 6 Years Permanent Permanent 6 Years 6 Years 4 Years 6 Years 6 Years 6 Years .. 6 Years After Expiration 6 Years After Expiration 2 Years After Expiration 6 YearsAfter Expiration . 3 Years 3 Years 5 Pears 6 Years 6 Years 6 Years .1 PERSONNEL Affidavit of Publication of Job Opening Application €or Employment (Not Hired) Applications of Persons on Eligibility List Applications of Those Hired Certification of Test Results CETA \ Departmental Rules and Regulations. Disciplinary. Actions . EEO Summary Data Eligibility Tests Employee Card File Showing Dates of Employment, Salary, Promotions, etc. Employee Personnel Files Containing Applications Accident Reports, Citations, Medical Records, Personal His tory Employment References Employee Suggestion Form FormslLetters Pertaining to Pensions Gri evance s Human Relations Forms Regarding Affirmative Action Labor Unions - Contracts and Agreements Labor Unions - Disputes Labor Unions - Minutes of Meetings I Letter of AppointmentJPromotion I Miscellaneous CertificateslLetters . Miscellaneous Correspondence Iiscellaneous Relp Wanted Ads . Payroll In format ion Pension and Retirement Plans Perf o rman ce Evaluations Scored Tests Termination Letters/Resignat$o* Worker Compensation Claims 3 Years 3 Years 2 Years Or Length of Eligibility if Longer 5 Years After Termination of Employee 2 Years 3 Years Permanent 3 Years Permanent 2 Years After Hiring Permanent 5 Years After Termination 3 Years 2 Years Permanent Permanent 3 Years.. Permanent * Permanent * Permanent * 5 Years After : 3 Years 1 Year 1 Year See Finance Permanent 3 Years 6 Months 5 Years After Termination See Insurance Termination 1.24 PLAIWING AI?.? ZONING Affidavits of Publication Conditional Use Permits Site Plans - Approved Site Plans - Not Approved Subdivision Files Zoning Files -Variances PUBLIC SAFETY Abandoned Vehicles File Accident Reports Animal Control Requests Animal Impounds Annual Code Books (NFPA) Arrest Reports I Bail Receipts Bicycle Safety Blood Sample Logs Breathalyzer Test Xesults - Positive Breathalyzer Test Results - Negative Bureau of Criminal Apprehension Reports Citations Civil Defense Court Date Allocations Court Dispositions Court Docket (Trial Dates) . Crime Prevention Criminal Case Files Criminal Record Check Log Death Investigations (Including Fatal Accidents) . Driver License Revocation Forms and "Sign-Out" Log Fire Code/Building Code Fire & Medical Runs , Follow-Up Reports if Deaths, Follow-Up Reports if No Deaths or Arson Iaitial Complaint Reports internal Reports Zuvenil e Rep0 r t s Liability Release Licenses Master Name File Missing Persons File Of fense/Incident Reports Large Losses or Arson Officer Activity Reports Permits Police Clearance Letters ' Prisoner Property Receipts Property Inventory Report Radio Logs Reports on Fires of Suspicious Origin Request to Inspect Police Report Vehicle Impounds Warrant Arrest Cards . Photos - Mug Shots PUBLIC WORKS AND ENGINEERING - Affidavits of Mailing Affidavits of Publication Construction Blueprints for Completed City Buildings, Streets, Utilities, Parks, etc. Permanent Permanent -Permanent 10 Years Permanent Permanent Permanent 5 Years 3 Years 3 Years 3 Years 5 Years 10 Years - Retain Permznently or Transfer to State Archives all Jail Registers 10 Years 2 Years 3 Years 5 Years 1 Year 6 Years 5 Years 10 Years Permanent Permanent Permanent 3 Years 10 Years 3 Years Permanent 5 Years Permanent if Ref erred to by Ordinance or if - . Adopted by City Council 10 Years Permanent 5 Years 5 Years 3 Years 5 Years 3 Years 6 Years 10 Years 3 Years 5 Years -Homicide Reports Must be Retained Perman- ently 5 Years 6 Years 10 .Years 5 Years 5 Years 5 Years 10 Years 10 Years 3 3 Years 5 Years ' 5 Years 6 Years 6 Years Permanent 7/21/80 125 I cu 0 cn 3 .a .a Inspections and Testing Records dr Electrica , Elevators, Fire, Schools, Hospitals, Restaurants, Sewers, Safety and Security , etc . Maps Plats Projects Abandoned. I? ro j ec t Reco rds Water and Sewer Analysis Reports UTILI TI E S Billings Meter Reading Cards/Sheets Receipts Service Requests Water and Sewer Analysis Annual Reports of Utilities 5 Years After Correct ion Permanent Permanent 3 Years 3 Years After Completion 5 Years 6 Years 6 Years 6 Years 5 Years 5 Years Permanent * VITAL STATISTICS Birth Records ** Permanent * Permanent * Death Records ** * - Retain Permanently or Transfer to State Archives. . ** - These records contain confidential information and, therefore, cannot be shown to the general public. BE IT FURTHER RESOLVED that a copy of this resolution be submitted to the Minnesota Historical Society, Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. CLAIMS PAID. for payment of the following Claims as per €'re-List: Park Fund, $10,771.59; Art Center, $4,638.23; Park Construction, $6,602.56; Swim-' ming Pool, $2,985.89; Golf Course, $14,349.91; Arena, $5,965.49; Gun Range, $15,00; Water Fund, $18,371.18; Sewer Fund, $6,962.49; Liquor Fund, $229;532.19; Construction, $124,500.90; Total, $693,237.81. Motion of Councilwoman Schmidt was seconded by Councilman Richards General Fund, $268,542.28; Ayes : Richards , Schmidt, Courtney : Nays: None Motion carried. No further business appearing the Mayor Pro Tern declared the meeting adjourned. Adjournment at 9:30 p.m. 1 City Clerk .-.